Article 1. Definitions
- And Sparkles: the private limited company And Sparkles B.V. (also acting under the name & Sparkles), registered at the Dutch Chamber of Commerce under no. 56633823 with its statutory seat in Amsterdam, The Netherlands, and its office at the Strawinskylaan 833, (1077 XX) Amsterdam, The Netherlands, including its successors in title, or, alternatively, any successor by universal title or by singular title and/or any other company affiliated to And Sparkles.
- Consumer: the natural person who is acting for purposes which are not related to his trade, business and/or profession with whom an Agreement is concluded.
- Offer: any offer or proposal made by And Sparkles for the provision of Products and/or the conclusion of an Agreement.
- Agreement: each and every agreement between Consumer and And Sparkles via the Website, which includes but is not deemed to be limited to such agreements for the supply, production or design of Products.
- Products: products and/or services, mainly in the area of jewelry, fashion and fashion-accessories, to be delivered, designed, produced or developed by And Sparkles, in the widest sense of the word, and in respect of which Consumer and And Sparkles enter into an Agreement.
- Terms: The present General Terms and Conditions of And Sparkles.
- Website: All websites of And Sparkles under which it acts (inter alia: www.andsparkles.com) and/or any affiliated websites to And Sparkles providing Offer(s).
Article 2. General
- The Terms apply to each Offer made by And Sparkles as well as to each and every Agreement entered into with And Sparkles. A free copy of these Terms will be sent upon request and said Terms have been published on the website: http://www.andsparkles.com/termsandconditions.html
- Any variation to the Terms on the part of Consumer is only applicable insofar as And Sparkles has expressly agreed to said variation and done so in writing. Varying provisions are only applicable to the Offer or Agreement to which they pertain.
- And Sparkles has the power to make unilateral changes to the present Terms. The amended Terms are applicable to all new Agreements and Offers with effect from the date of amendment and apply to existing Agreements effective thirty days upon written communication to Consumer of any such change. And Sparkles shall give notice of all such changes in writing or by e-mail.
- In the event that the present Terms stipulate rights or favors for the benefit of And Sparkles, then said rights and favors shall equally be deemed to have been stipulated for the benefit of employees, agents, directors, subsidiaries, successors, assigns, affiliates, suppliers, and shareholders of And Sparkles and of such third parties as engaged by And Sparkles in connection with the formation or execution of the Agreement.
- The applicability of any general terms and conditions of Consumer or of any third party engaged by Consumer is hereby expressly rejected.
- Should one or more provisions of these Terms be found to be unlawful, null, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect. And Sparkles and Consumer shall undertake to agree new provisions to replace those provisions unlawful, null, void, voided or unenforceable, so that there is little departure, if any, in respect of the intention and essence from the void or voided provisions.
- By the use of the Website and/or by accepting an Offer and/or by concluding an Agreement with And Sparkles, Consumer accepts the integral validity of the Terms.
Article 3. Offers
- Any Offers made by And Sparkles are indicative and without obligation.
- Offers may be subject to alterations due to unforeseen changes in the work.
- An instruction resulting from an Offer must be confirmed by Consumer via the given structures on the Website. Further (oral) agreement and provisions are not binding upon And Sparkles, unless And Sparkles gives written confirmation thereof.
- If an acceptance deviates (in minor points) from the terms of the Offer, said acceptance is not binding on And Sparkles. The Agreement shall not be concluded in conformity with the deviating acceptance, unless And Sparkles agrees in writing to said deviating acceptance.
- A combined quotation does not oblige And Sparkles to perform part of the instructions in exchange for payment of a corresponding part of the price quoted.
- Any tender or Offer made does not automatically apply to future instructions or Offers and Agreements.
- Any indications of sizes, colors, weights, numbers, parts, fabrics in Offers or Agreements, made orally or in writing, are given with care. However, And Sparkles does not guarantee the absence of any deviations from such indications. Therefore, Consumer cannot base any claims on said indications. Any shown samples, monsters and color cards of Products are mere examples of products. Consumer cannot base any claims on such samples, monsters and color cards.
Article 4. Orders and Agreements
- Agreements can only be placed via the Website. Only when And Sparkles has accepted an order by email confirmation an Agreement is concluded. And Sparkles has the right to reject any order (tacitly or explicitly).
- All Agreements are concluded under the suspensive condition that Consumer has fulfilled all its payment obligations arising out of the Agreement and previous agreements with And Sparkles and under the suspensive condition that all information of Consumer is filled in correctly on the Website.
- Each Product is ‘made to order’ meaning that each Product bought by Consumer is especially made for Consumer, by its request and that And Sparkles does not hold any stock to the Products. Any Agreements for the production of these custom-made/tailor-made Products cannot be cancelled. Notwithstanding article 9, any other Agreements may only be cancelled – prior to delivery – by Consumer without it being liable for any damages to And Sparkles within five days after conclusion of an Agreement.
Article 5. Delivery
- Delivery of Products to Consumers are done by registered mail to the address specified by Consumer on the Website. All deliveries need to be signed off by Consumer him/herself. The risk (e.g. for loss, theft, annihilation, etc.) is transferred to Consumer at the moment of delivery to Consumer.
- And Sparkles bears all costs of delivery (including insurance until moment of delivery to Consumer). If Consumer supplies a wrong address or fails to sign, receive or pick up the Product, the Product shall be returned to And Sparkles. In that case, the costs of any repeat deliveries are born by Consumer.
- Consumer is (without prior notice) in default when delivery has proved impossible. In such case, Consumer will compensate And Sparkles for all losses. And Sparkles may store the Products at the expense of Consumer, notwithstanding Consumer’s obligation to pay.
- Unless otherwise specified with the Product, delivery will take approximately 14 working days from the moment of concluding the Agreement. The term of delivery may be longer or shorter. And Sparkles shall notify Consumer by e-mail if the term of delivery exceeds more than 4 weeks.
- Any indications of a term of delivery shall never be considered to be final.
- When And Sparkles depends on information, materials and/or documents (‘Information’) to be delivered by Consumer for the execution of the Agreement, the term of delivery shall commence only after Consumer has provided And Sparkles with the Information. When And Sparkles depends on Information to be delivered by third parties for the execution of the Agreement, the term of delivery shall commence only after said third parties have provided And Sparkles with the Information.
Article 6. Prices and payment
- All prices for consumers in the European Union are shown in Euros and include applicable VAT, any other taxes or charges (where applicable). All prices for consumers outside the European Union, are shown in USD or GBP and include import duties and/or local taxes (where applicable).
- Currency rates and credit card charges may result in differences between the purchase price of the Product and the amount billed on the credit card of the Consumer.
- Insofar as a Consumer fails to make any payment, or fails to pay in full or on time, And Sparkles is entitled to terminate the Agreement with immediate effect, without being liable for any compensation whatsoever.
- And Sparkles is entitled at any given moment in time to change its prices on the Website (except for prices agreed upon in the Agreement).
Article 7. Conformity, warranty and complaints
- And Sparkles endeavors to warrant that its Products are in conformity with the Agreement and are fit for the agreed purpose at the moment of delivery. Notwithstanding article 3.7, any sector-specific deviations (such as in sizes, colors, weights, numbers, parts, fabrics) between the delivered Products and the Agreement shall not be deemed faults.
- Consumer is under the obligation to verify that the correct (amount of) Products has been delivered, that the Products are free of faults, immediately after delivery. Any complaints must be made in writing (letter, e-mail) and must be received within two months after delivery. Furthermore, the complaint(s) must contain an exact description of the defects (including clear photographs of the defect(s)), the product name, color, size, serial number (if applicable), and a copy of the relevant invoice. Failure to make complaints in time and/or in the specified way will result in forfeiture of any rights. In case Consumer makes any complaints, Consumer may not suspend or setoff any payment obligations.
- And Sparkles is not under the obligation to act on complaints which have been received after the aforementioned term.
- Damage to the Products caused by unskillful use, use the Product was not intended for and/or normal wear and tear are not considered faults and And Sparkles will not be liable for any damages thereto.
- Consumer will make maximum efforts to co-operate in the investigation of the complaints by And Sparkles. More specifically, Consumer will send all defect products/Products at its own cost to And Sparkles upon first request by And Sparkles. Consumer may not return any products/Products to And Sparkles without prior written consent by And Sparkles. And Sparkles is not under the obligation to investigate complaints if Consumer refuses to co-operate. Such refusal will result in forfeiture of any rights.
- The investigation of complaints by And Sparkles does not constitute any waiver of rights by And Sparkles and/or any acknowledgement of liability or faults in the Products.
- Only if the complaints are justified and are made in accordance with this article, And Sparkles bears the costs for returning the Products to And Sparkles. In case of justified complaints, And Sparkles’ liability is limited as specified in article 13.
- And Sparkles will decide to its own discretion, within thirty days, whether the complaints are justified or not and it shall notify Consumer in writing. This thirty day term may be extended if And Sparkles deems such extension necessary.
- In case of justified complaints, And Sparkles shall (to its own choice) (i) replace the Products with identical or similar new Products (or replace certain parts of the Products – if possible), or (ii) shall repair the Products, or (iii) shall give a refund. By executing either one of these remedies, And Sparkles has repaired its breach of contract and is not under any further obligation to pay damages.
- Consumer waives any rights mentioned in this article and any statutory rights by (i) making any repairs or alterations to the Products by itself or (ii) have any third party make such repairs or alterations, (iii) by using the Products for purposes they were not intended for, (iv) or by any other maltreatment of the Products, without the prior written consent of And Sparkles.
- Any warranty made by And Sparkles for Products which And Sparkles has acquired from any third party is restricted to the extent the third party has given And Sparkles any warranty and to the scope of this warranty.
- In case of repair or replacement of any Product, the term of warranty of the originally delivered Product remains in force.
Article 8. Intellectual and industrial property
- The Agreement does not imply (implicitly or explicitly) (i) any transfer of rights of intellectual and/or industrial property, or (ii) any granting of license to such rights. Any rights (such as intellectual property rights) to drawings, sketches and models remain or (if made by Consumer: become) the sole property of And Sparkles (and as far as necessary are hereby transferred to And Sparkles).
- And Sparkles states that its Products to the best of its knowledge do no infringe upon any intellectual and/or industrial property right of third parties. However, in case of any third party claims of infringement of any intellectual and/or industrial property rights, And Sparkles may alter the Products and/or (partially or entirely) terminate the Agreement.
- Consumer may not use And Sparkles’s trade name(s) and trademark(s) (including any domain names), similar trade names and trademarks or deviations to these trade names and trademarks without the prior, explicit, written consent of And Sparkles.
- Consumer may not remove, copy or otherwise alter any trade names, trademarks, names, marks, signs, character, number or any other indication applied to the Product by And Sparkles.
Article 9. Right of Dissolution
- Consumer has the right to unilaterally terminate the Agreement and to return the purchased Product without giving any reasons to And Sparkles, within 101 days after delivery by sending the Product within that period back to And Sparkles, provided that the Product has not been used and is still packed/sealed within its original packaging and returned with its original documentation (if applicable). All costs thereto are born by Consumer. Every returned Product will be reviewed by our Quality Assurance department. Please note that items showing signs of wear, alterations, or damage will not be refunded.
- And Sparkles shall then refund the due amount paid within 30 days after receiving the returned Product. Consumer does not have any other rights to cancel/terminate the Agreement or withdraw from the Agreement, unless (a) applicable mandatory law stipulates otherwise and/or, unless (b) otherwise expressly is specified in the Agreement and/or (c) otherwise expressly is specified in these Terms.
- And Sparkles may terminate any Agreement at any moment, in any case if (a) materials for the Product are unavailability, (b) Consumer fails to accept the delivery of the Product (as stipulated in article 5), (c) an act of force majeure occurs according to article 10, and/or (d) unforeseen circumstances occur. And Sparkles shall refund the amount paid by Consumer within 30 days after the notice of cancellation/termination.
- Notice of dissolution and/or termination shall be served in writing by email to Consumer.
Article 10. Force majeure
- If, as a result of force majeure (which includes, but is not limited to the following circumstances: strike, industrial action, fire, floods, storms, loss/annihilation of products at transport, water damage, delay in delivery of goods or materials by third parties, boycott, war, acts of terror, etc.) And Sparkles is unable to perform or is in breach of its obligations hereunder, And Sparkles may extend the term for delivery with a period equal to the duration of the force majeure plus thirty days or cancel the Agreement (partially or entirely). In case of force majeure, And Sparkles shall notify Consumer within fourteen days which applies. If And Sparkles cancels the Agreement, it shall refund any payments already by Consumer, with deduction of costs already incurred and/or Products already delivered by And Sparkles.
- If, as a result of force majeure And Sparkles is unable to perform or is in breach of its obligations hereunder, Consumer is not entitled to any damages, not even if And Sparkles may have any (financial) advantages of the force majeure.
Article 11. Limitation of liability
- And Sparkles warrants that the Products are fit for their intended purpose (being the careful wear of jewelry) and are in conformity with the Agreement at the moment of delivery. This warranty is the sole warranty and is in lieu of all other warranties, whether expressed or implied, statutory or otherwise, concerning the Product.
- And Sparkles is not liable towards Consumer for any indirect damages and consequential losses, damages or expenses.
- And Sparkles has made best efforts to ensure that all information on the Website is correct, complete and accurate, but is not liable for any faults in the information.
- Nothing in the Terms shall limit any rights you may have according to applicable (local) law or other statutory rights that may not be excluded nor in any way exclude or limit And Sparkles’ liability to Consumer.
Article 12. Miscellaneous
- And Sparkles may assign its rights and its obligations under the Agreement and these Terms, in whole or in part, to any third party at any time without prior notice. Consumer may not assign the rights and obligations under, in whole or in part, to any third party without the prior written consent of And Sparkles.
- The Agreement and these Terms are exclusively subject to the laws of The Netherlands, and all disputes arising out of or in relation to the Agreement and these Terms shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands.
- All notices by Consumer towards And Sparkles must be made in writhing (by registered letter) or by e-mail to:
And Sparkles B.V.
Attn. Customer Service
1077 XX AMSTERDAM
VAT nr: NL852227462B01