Sales conditions Article 1. Applicability
These sales and delivery conditions are applicable on all offers, orders and agreement of Filipucci Juweliers, with the explicit exclusion of any other general conditions.
Accepting an offer or placing an order means that you accept the applicability of these conditions.
Deviations to these conditions are only possible in writing, in which case the other provisions remain in full force.
All rights and claims, as they are stipulated in these conditions and any further agreements for the benefit of Filipucci Juweliers are also stipulated for the benefit of intermediaries and other third parties engaged by Filipucci Juweliers.
Article 2. Offers/agreements
All offers of Filipucci Juweliers are without any obligations and Filipucci Juweliers reserves the explicit right to adjust the prices, in particular when this is necessary based on (legal) regulations.
An agreement is only concluded after acceptance of your order by Filipucci Juweliers. Filipucci Juweliers has the right to refuse orders or to impose certain conditions on the delivery, unless explicitly stipulated otherwise. If an order is not accepted, Filipucci Juweliers will inform you about this within two weeks (14 working days) after the receipt of the order.
Products which are ordered specifically for the buyer and that are not mentioned as such on our site, are offered under notification of a purchase obligation. By ordering these products, you declare that you waive your right of return.
Article 3. Prices and payments
Payment must be made online or through advance payment, unless otherwise agreed in writing though within eight (8) days after date of invoice or order.
With advance payment per bank or giro the date of payment is the date that the giro respectively bank account of Filipucci Juweliers is credited.
With exceedance of a payment term you are in default from the day the payment should have been made and from this day you owe a delay interest of 1% per month or a part of a month over the outstanding amount. If payment is made after a reminder by Filipucci Juweliers you owe an amount of twenty euros (€20.-) for administration costs and if Filipucci Juweliers has outsourced its claim for collection you also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the right of Filipucci Juweliers to claim the actual made extrajudicial collection costs instead.
If you are in default with any payment, Filipucci Juweliers has the right to suspend the (performance of the) relevant agreement and the associated agreements, or to dissolve these.
If the prices for the offered products and services increase during the period between the order and the performance thereof, you have the right to cancel the order or to dissolve the agreement within seven (7) days after notification of the price increase by Filipucci Juweliers.
Article 4. Delivery
The delivery times specified by Filipucci Juweliers are only indicative. Exceedance of any delivery time does not give you any entitlement to damage compensation or the right to cancel your order or to dissolve the agreement, unless the exceedance of the delivery term is as such that it cannot be reasonably expected of you to leave the agreement intact. In that case you have the right to cancel the order or to dissolve the agreement insofar this is necessary.
You can only cancel orders after written confirmation of Filipucci Juweliers. In case of cancellation of the order by the buyer, whereby the package is already sent to the buyer and has not been collected by him/her, the made shipment costs will be recovered from the buyer. If the package has not been sent yet, the cancellation of the order is free, unless article 2.3 is applicable.
The products are delivered at the place and time that the products are ready for shipment to you.
Article 5. Property retention
The property of the delivered products will only transfer, if you have paid to Filipucci Juweliers all that you owe based on any agreement. The risk regarding the products immediately transfers to you at the moment of delivery.
Article 6. Reclamations and liability
You are obliged to inspect with the delivery if the products meet the agreement. If this is not the case, you must inform Filipucci Juweliers about this in writing while stating reasons, as soon as possible and in any case within three (3) days after the delivery, at least after detection was reasonably possible.
If it has been demonstrated that the products do not meet the agreement, Filipucci Juweliers has the choice to replace the relevant products, against return, by new products or to refund the invoice value thereof minus any shipment costs.
If you do not want to buy a product, for whatever reason, you have the right to return the product to Filipucci Juweliers within seven (7) days after delivery. Return shipments will in this case only be accepted if the product and the original packaging are undamaged, whereby it also applies that the costs for return shipments are for your account.
Article 7. Orders/communication
Filipucci Juweliers is not liable for misunderstandings, disfiguration, delays and incorrect transfer of orders and notifications as a result of the use of Internet or any other communication tool in the traffic between you and Filipucci Juweliers, or between Filipucci Juweliers and third parties, insofar related to the relationship between you and Filipucci Juweliers, unless and insofar there is intent or gross negligence of Filipucci Juweliers.
Article 8. Force majeure
Without prejudice to any of its other rights, Filipucci Juweliers has the right, in case of force majeure, at its own discretion, to suspend the performance of your order or to dissolve the agreement without legal intervention, such by informing you about this in writing and such without Filipucci Juweliers being obliged to any damage compensation, unless this in the given circumstances would be unacceptable by standards of reasonableness and fairness.
Force majeure includes any failure that cannot be attributed to Filipucci Juweliers and the intermediaries and third parties it has engaged, because it is not due to its fault and nor by law, legal act or common opinions is for its account.
Article 9. Various
If one or more provisions of these conditions or any other agreement with Filipucci Juweliers might be in breach with any applicable legal regulation, the relevant provision will be void and this will be replaced by a new lawful comparable provision to be determined by Filipucci Juweliers.
Filipucci Juweliers is authorised to use third parties with the performance of your order(s).
Article 10. Applicable law and authorised judge
All rights, obligations, offers, orders and agreements on which these conditions are applicable, are exclusive subject to Dutch Law.
All disputes between parties will exclusively be submitted to the court in the Netherlands that is authorised thereto.