General Terms and Conditions

of the Dutch Jewelers and Watches Industry and the Gold and Silversmiths Association. (AV CZ/98, February 2010)

Dear reader,

To avoid misunderstandings, we use the general terms and conditions described in this document. These agreements have been drawn up specifically for jewelers and goldsmiths, in collaboration with, among others, the Consumers' Association.

The agreements form part of the agreements that we conclude with you. This means that you are better protected in the event of unexpected complaints or disputes. Although we do everything we can to satisfy you, you can also use the independent Disputes Committee. There is also a special compliance guarantee from the sector. The exact conditions are described in this document.

These general terms and conditions date from 2011. In the meantime, the statutory consumer protection has been amended in certain areas. For example, in deviation from the general terms and conditions, you have a (statutory) cooling-off period of 14 working days when making a purchase via the website (the so-called Distance Selling). The other conditions simply apply to our agreements.

ARTICLE 1 – Definitions 3
ARTICLE 2 – Applicability 3 3

General

ARTICLE 3 - The offer 3
ARTICLE 4 - The price 3
ARTICLE 5 - The Agreement 3
ARTICLE 6 - Payment 4
ARTICLE 7 - Delivery and delivery time 4
ARTICLE 8 - Retention of title and transfer of title 4
ARTICLE 9 - Conformity 4
ARTICLE 10 - Guarantees 4
ARTICLE 11 - Failure to comply with the Agreement 5
ARTICLE 12 - Late payment and provision of security 5
ARTICLE 13 - Liability 6

Distance contract

ARTICLE 14 - Additional provisions for a Distance Contract 6

Repair, maintenance, design and manufacturing

ARTICLE 15 - Additional provisions for repair, maintenance, design and manufacture 7
ARTICLE 16 - Intellectual property 8

Complaints and disputes

ARTICLE 17 - Complaints and mediation scheme 8
ARTICLE 18 - Dispute resolution 8
ARTICLE 19A - Compliance guarantee NJU 9
ARTICLE 19B - VGZ Compliance Guarantee 9

Final provisions

ARTICLE 20 - Deviation 9
ARTICLE 21 - Amendment 9
ARTICLE 22 - Corresponding application to non-Consumers 10

ARTICLE 1 - Definitions

In these General Terms and Conditions the following terms shall have the following meanings:

Consumer : A natural person who is not acting in the exercise of a profession or business and who enters into an Agreement with respect to a Product.

Entrepreneur : Natural or legal person who, as a member of NJU/VGZ, makes an offer or enters into an Agreement regarding a Product.

Agreement : Agreement between the Entrepreneur and the Consumer regarding a Purchase/Sale Agreement, assignment and/or contracting of work.

Distance contract : An agreement concluded through a system organised by the Entrepreneur, whereby exclusive use is made of distance communication techniques.

Product: Jewels, gold and silver works, watches, precious stones and related articles, as well as repair, design, manufacture and valuation of the said goods.

ARTICLE 2 - Applicability

These General Terms and Conditions apply to every offer made and all Agreements concluded between the Entrepreneur and the Consumer.

GENERAL

ARTICLE 3 - The offer

The Entrepreneur's offer is preferably made in writing or electronically and is – if a term for acceptance has been set – valid for the term indicated therein.
The offer will in any case include:

the description of the Product and any accessories
the price of the Product, indicating whether the price is a fixed or non-fixed agreed price
the delivery date and whether this date is a fixed or estimated delivery date

ARTICLE 4 - The price

The price that the Consumer must pay is agreed in advance, unless the parties expressly agree otherwise. If a non-fixed price is agreed, the Entrepreneur will indicate as accurately as possible on which factors the amount of the price will depend.
If within three months after the conclusion of the Agreement, but before delivery, a change occurs with regard to a price that has been agreed as fixed, this change will not affect the agreed price. The Consumer has the right to terminate the Agreement if the price is increased after three months after the conclusion of the Agreement, but before delivery.
The second paragraph does not apply to price changes resulting from the law.

ARTICLE 5 - The Agreement

The Agreement is concluded by acceptance of the Entrepreneur's offer.
The acceptance of the offer by the Consumer is only valid if this takes place within the set period. As long as the receipt of an electronic acceptance has not been confirmed by the Entrepreneur, the Consumer may terminate the agreement.
The Agreement should preferably be recorded in writing or electronically. A copy of a written Agreement should be provided to the Consumer. However, the absence of a written or electronically recorded Agreement does not render this Agreement null and void.

ARTICLE 6 - Payment

Payment is made in cash upon delivery, unless otherwise agreed.
If payment in installments has been agreed, the Consumer must pay according to the terms and percentages as set out in the Agreement.
Upon purchase, the Entrepreneur has the right to oblige the Consumer to make an advance payment of up to 30 percent of the price.

ARTICLE 7 - Delivery and delivery time

Delivery takes place by placing the Product in the possession of the Consumer.
Delivery time means the term agreed in the Agreement. Parties may agree on a fixed or estimated delivery time.
If the expected delivery time is exceeded, the Entrepreneur will still be given a certain period to deliver. This new delivery time will amount to a maximum of 50% of the expected delivery time, unless the Consumer cannot reasonably be held to this new delivery time or the parties (preferably in writing) agree otherwise.
If this new delivery time or the agreed delivery time is exceeded, the Consumer – while retaining his right to performance – has the right to terminate the Agreement and/or claim damages without notice of default or judicial intervention.

ARTICLE 8 - Retention of title and transfer of title

The Entrepreneur remains the owner of the Product until the Consumer has fully complied with his payment obligations, including any amounts he may owe in connection with the failure to meet his obligations (in accordance with Article 12 paragraph 2 of these general terms and conditions).

ARTICLE 9 - Conformity

The Entrepreneur guarantees that the delivered Product complies with the Agreement (conformity). The Entrepreneur also guarantees that the Product has the properties that, taking all circumstances into account, are necessary for normal use, as well as for special use to the extent that this has been agreed.
The Entrepreneur guarantees that the work carried out by him complies with the Agreement and is carried out with good workmanship and using sound materials.
Minimal deviations with regard to design, sample and model cannot be held against the Entrepreneur.

ARTICLE 10 - Guarantees

In the event of purchase/sale and manufacture of jewellery, the Entrepreneur guarantees the absence of defects that become apparent after delivery for a period of six months. In the event of repairs, the Entrepreneur guarantees the absence of defects for a period of three months, unless otherwise agreed in writing, insofar as these relate to the parts repaired/replaced by him. The Consumer is entitled to free replacement of defective parts within a reasonable period of time. In addition, the Consumer is entitled to free repair, compensation, price reduction and termination of the Agreement as granted to him by law.
The Entrepreneur is not responsible for defects that have arisen after delivery of the Products as a result of unskilled use or lack of care on the part of the Consumer, or that are the result of changes that the Consumer or third parties have made to the Product. Nor is the Entrepreneur responsible for any damage that may have arisen as a result of these defects.
The Consumer fully retains his statutory warranty rights, regardless of what is stated in paragraphs 1 and 2 regarding the commercial guarantee issued by the Entrepreneur.

ARTICLE 11 - Non-compliance with the Agreement

If one of the parties fails to fulfil an obligation under the Agreement, the other party may suspend the fulfilment of the corresponding obligation. In the event of partial or improper fulfilment, suspension is only permitted to the extent that the shortcoming justifies it.
The Entrepreneur has the right of retention (right of retention) if the Consumer fails to meet an enforceable obligation, unless the failure does not justify this retention.
If one of the parties fails to comply with the Agreement, the other party is entitled to terminate the Agreement, unless the failure does not justify termination due to its minor significance.

ARTICLE 12 - Late payment and provision of security

The Consumer is in default from the expiry of the payment date. After the expiry of that date, the Entrepreneur will send a payment reminder and give the Consumer the opportunity to pay within 14 days after receipt of this payment reminder.
If payment has not been made after the expiry of the term stated in the payment reminder, the Entrepreneur is entitled to charge the statutory interest from the expiry of the payment date, as well as reasonable collection costs and the costs of insurance and storage of the relevant Product.
The Consumer who delivers a Product to the Entrepreneur for the performance of an Agreement thereby establishes a pledge on this Product in favor of the Entrepreneur as additional security for payment of all that he owes or will owe to the Entrepreneur.
If the Consumer has not fully met his payment obligations to the Entrepreneur regarding the repair, maintenance, design or manufacture of a Product one year after the expiry of the payment date, the Entrepreneur has the right to terminate the Agreement and proceed to public sale of the pledged item, unless the Consumer has filed a complaint within the aforementioned period as described in Article 17. The Entrepreneur will inform the Consumer;

if and to the extent that the Consumer's address details are known, twice by registered letter (with intervals of at least three months) or
if and to the extent that the Consumer's address details are not known or if the first registered letter has not reached the Consumer for any reason, the Consumer will be summoned to pay via a publication in a national or regional daily newspaper and will be notified that the Product will be sold publicly if he remains in default after the term stated therein has expired.

The public sale may be replaced by a private sale, if the expected costs of the public sale will exceed the estimated proceeds of the Products. If the proceeds of the sale of the pledged Product exceed the claims of the Entrepreneur, the surplus will, if possible, be handed over to the Consumer.

ARTICLE 13 - Liability

The Entrepreneur is liable to the Consumer for damage resulting from a shortcoming attributable to the Entrepreneur or at his risk, to persons in his service or to persons appointed by him to carry out the work assigned by the Consumer.
The amount for which the Entrepreneur can be held liable by the Consumer for Products that he holds is limited to € 12,500 per Product or as much more as the liability insurance taken out by the Entrepreneur covers, except in cases involving intent, gross negligence or the purchase of a Product.
The Entrepreneur points out to the Consumer the limited liability of the Entrepreneur for repairs and the possibility of taking out additional insurance, unless it is clear that the value of the Product does not exceed the maximum amount for liability. The Consumer must inform the Entrepreneur as completely as possible about the specifications of the Product.
The Entrepreneur is not required to compensate the Consumer for any damage resulting from force majeure, such as damage resulting from a robbery, burglary, shoplifting or fire and/or when the Consumer's home contents or valuables insurance covers the damage. Any additional payments from non-life insurance to the Entrepreneur that relate to damage to a Product of the Consumer will be paid out by the Entrepreneur to this Consumer.
Emotional and/or immaterial damage is never eligible for compensation.
The Consumer is liable to the Entrepreneur for damage caused by a shortcoming attributable to him.

DISTANCE AGREEMENT D

ARTICLE 14 - Additional provisions for a Distance Contract

Before concluding the Distance Contract, the Entrepreneur must provide the Consumer with the following information in a clear and comprehensible manner:

the identity and geographical address of the Entrepreneur;

the main features of the Products;
the price, including VAT, of the Products;
any costs of delivery;
the method of payment, delivery and execution;
whether or not the cooling-off period of 7 working days applies to the Distance Contract;
the period for accepting the offer.

In addition to Article 5 paragraph 2, the Consumer may terminate the Distance Agreement as long as receipt of an electronic acceptance has not been confirmed by the Entrepreneur.
The Entrepreneur has a maximum delivery period of 30 days, starting from the day following the day on which the Consumer placed his order. If this period is exceeded, the Consumer has the right to terminate the Distance Agreement without further notice of default, unless the delay cannot be attributed to the Entrepreneur. The Consumer and the Entrepreneur can agree on a different period
If the cooling-off period applies to this Distance Contract, the Consumer has the right to terminate the Distance Contract without giving any reason within 7 working days.
If the Products are not available, the Entrepreneur must inform the Consumer of this as soon as possible and refund any (down) payment within 30 days, without prejudice to any rights to compensation. If the Consumer and the Entrepreneur have agreed that a Product of equal quality and price may be delivered, the costs of returning the Product shall be borne by the Entrepreneur. This only applies if the Consumer makes use of the cancellation during the cooling-off period. The Entrepreneur must inform the Consumer of this in a clear and comprehensible manner.
The Entrepreneur shall provide the Consumer with the following information in good time upon fulfilment and at the latest upon delivery:

the data referred to under a/mg in paragraph 1 of this Article;
in writing the requirements for exercising the right to terminate the Distance Contract and any associated financing during the cooling-off period of 7 working days, stating in any case:

the commencement time and the duration of the cooling-off period available to the Consumer;
that in the event of use of the cooling-off period, the Consumer will be responsible for a maximum of the costs of return shipment and delivery costs;
the information about the termination of the loan if the Consumer finances the purchase price with a loan from the Entrepreneur or from a third party on the basis of an Agreement between the Entrepreneur and that third party;
the visiting address of the Entrepreneur's establishment;
the information regarding any warranty and after-sales service;
the requirements for terminating the Agreement if the Agreement has a duration of more than one year or an indefinite duration.

If the Entrepreneur has not fulfilled his duty to provide information or has not provided data in the correct form, the period of the cooling-off period is a maximum of 3 months and 7 working days. If the Entrepreneur still fulfils the duty to provide information within those 3 months, the period of 7 working days will start on the day after he has finally fulfilled that duty.
Returns are at the expense and risk of the Consumer. The Entrepreneur may not charge any other costs upon termination of the Agreement.

REPAIR, MAINTENANCE, DESIGN AND MANUFACTURE

ARTICLE 15 - Additional provisions for repair, maintenance, design and manufacture

In the event of an Agreement for the repair, maintenance, design and manufacture of Products, the following applies:

The Consumer may request a quote for the target price of the work, as well as the term within which the work will be carried out, before or upon conclusion of the Agreement. The quoted price and term are guidelines, unless the Consumer and the Entrepreneur have agreed on a fixed price and/or term.
The Entrepreneur is responsible for recording the Consumer's telephone number and address details.
The Entrepreneur must contact the Consumer to discuss the additional costs if:

the target price of a Product is more than €100 and is exceeded or threatens to be exceeded by more than 10%, or
the target price of a Product does not exceed €100 and is exceeded or threatens to be exceeded by more than €20.

In such a case, if this price increase occurs within three months after the conclusion of the Agreement, the Consumer is entitled to terminate the Agreement by compensating the Entrepreneur for the work already reasonably carried out by him.
An itemized invoice for the work carried out will be issued upon request.

ARTICLE 16 - Intellectual property

The designs, drawings, calculations, descriptions, models and other services provided and eligible for this purpose, produced or provided by an Entrepreneur, remain the intellectual property of the Entrepreneur and/or the designer. Reproduction or publication of the aforementioned goods and/or Products, without the prior consent of the Entrepreneur, is not permitted.

COMPLAINTS AND DISPUTES

ARTICLE 17 - Complaints and mediation scheme

Complaints about the performance of the Agreement must be submitted to the Entrepreneur in writing, fully and clearly described, in good time after the Consumer has discovered the defects. Failure to submit the complaint in good time may result in the Consumer losing his rights in this regard.
If the complaint handling by the Entrepreneur has not led to a satisfactory result for the Consumer, the Consumer may choose to submit his complaint within 6 weeks after the dispute arose to the Jewelry and Watches Mediation Agency, Postbus 904, 2270 AX Voorburg, tel. 070 386 62 48 for a mediation attempt or submit his dispute to the Disputes Committee (see article 18). If the complaint has been submitted to the Mediation Agency and the mediation attempt has also not led to a satisfactory result for the Consumer, the Consumer may still submit his dispute to the Disputes Committee within 6 weeks after it has become apparent that the mediation attempt has not led to a solution.

ARTICLE 18 - Dispute resolution

Disputes between Consumer and Entrepreneur regarding the conclusion or performance of Agreements with regard to services and/or Products to be supplied or supplied by this Entrepreneur can be submitted by both the Consumer and the Entrepreneur to the Disputes Committee for Jewelry and Watches, Bordewijklaan 46, Postbus 90600, 2509 LP Den Haag (www.degeschillencommissie.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur and then possibly to the mediation agency. A dispute arises if the consumer's complaint has not been resolved satisfactorily by the entrepreneur and/or through the mediation attempt of the Jewelry and Watches Mediation Agency.
If mediation has not been used, the dispute must be submitted to the Disputes Committee no later than three months after it arose.
When the Consumer submits a dispute to the Disputes Committee, the Entrepreneur is bound by this choice. If the Entrepreneur wishes to submit a dispute to the Disputes Committee, he must ask the Consumer to state within five weeks whether he agrees to this. The Entrepreneur must announce that he will consider himself free to submit the dispute to the court after the aforementioned period has expired.
The Disputes Committee shall render a decision in accordance with the provisions of the regulations applicable to it. The decisions of the Disputes Committee shall be made pursuant to those regulations by way of binding advice. The regulations shall be sent upon request. A fee shall be payable for the handling of a dispute.
Only the court or the Disputes Committee mentioned above is authorised to hear disputes.

ARTICLE 19A - NJU Compliance Guarantee

The NJU guarantees that the Entrepreneur, member of the NJU, will comply with the binding advice within two months after it has been sent, unless the Entrepreneur decides during that time to submit the binding advice to the court for review. The guarantee of the NJU revives if the binding advice has been upheld after review by the court and the judgment showing this has become final and binding.
The NJU pays out an amount of up to a maximum of € 100 per binding advice to the consumer.
€ 10,000. For amounts greater than € 10,000 per binding advice, the maximum amount will be paid and the NJU will offer the consumer the option to transfer his claim to the NJU for the excess. The NJU will then request payment of this amount in its own name in court to satisfy the consumer.
The NJU does not provide a compliance guarantee if, before the consumer has met the formal intake requirements for the purpose of handling the dispute (payment of complaint fee, return of completed and signed questionnaire and any deposit), one of the following situations applies:

the member has been granted a moratorium on payments;
the member has been declared bankrupt
the member's business activities have effectively ceased. Determining for

This situation is the date on which the termination of the business is registered in the Trade Register or an earlier date, which the NJU can demonstrate that the business activities have actually ended.

ARTICLE 19B - VGZ Compliance Guarantee

The members of the VGZ must, at the first request of the Foundation, provide a guarantee in the form of a sum of money for each dispute to be dealt with, either by providing a bank guarantee in accordance with the Foundation's model or by paying the Foundation such an amount that, to the satisfaction of the Foundation, can serve as security for compliance with the Commission's decision(s). If the Foundation fails to do so, the VGZ will, at the first request of the Foundation, immediately terminate the entrepreneur's membership of the VGZ. The handling of the dispute may be discontinued if the entrepreneur fails to provide security for compliance with the decisions.

FINAL PROVISIONS

ARTICLE 20 - Deviation

Individual deviations from these General Terms and Conditions must be recorded in writing or electronically between the Entrepreneur and the Consumer.

ARTICLE 21 - Amendment

The trade associations NJU/VGZ will only amend these General Terms and Conditions in consultation with the Consumers' Association.

ARTICLE 22 - Corresponding application to non-Consumers

All provisions as included in these General Terms and Conditions apply accordingly to natural and/or legal persons who act in the exercise of a profession or business and who enter into an Agreement with the Entrepreneur regarding a Product, except for Articles 4 paragraph 2, 17, 18 and 19.
The provisions as included in these General Terms and Conditions do not apply to business counterparties. A business counterparty is understood to mean a natural person or legal entity who, acting in the exercise of a profession or business and in that function, supplies the Entrepreneur and/or delivers and/or purchases Products for resale and/or delivery (business-to-business).

These General Terms and Conditions of the NJU/VGZ have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group of the Social and Economic Council and will enter into force on 1 January 2011.