Essentialistics, established in Zaltbommel and registered with Dutch Chamber of Commerce number 61447005, shall be referred to as Essentialistics.
The counterparty shall be referred to as the customer.
The contract refers to the contract pursuant to which Essentialistics offers products in exchange for payment and in respect of which the general terms and conditions have been declared to apply.
Clause 2 - Applicability of general terms and conditions
These general terms and conditions apply to all Essentialistics products to which these terms and conditions have been declared to apply.
The version of the general terms and conditions most recently supplied and accepted at any given time shall apply at that time.
The customer’s general terms and conditions are explicitly declared to be inapplicable.
The general terms and conditions also apply to any third parties engaged by Essentialistics, unless otherwise agreed.
In the event that any one or more provisions may be void or voidable, either in full or in part, the remaining provisions shall continue to apply.
Clause 3 - Offer
If an offer is of limited validity or is made subject to specific terms and conditions, this shall be explicitly stated. Any order that has been placed but remains unpaid after 7 days will be cancelled.
The offer must be confirmed in writing.
Acceptance of the offer signifies agreement to the general terms and conditions.
Essentialistics cannot be held to the offer if the customer could reasonably have understood that the offer, or part of the offer, contains an obvious mistake or typographical error.
The images of the products on the website provide as faithful as possible a representation of the products. Where products are handmade, minor variations may be visible.
Essentialistics ensures a secure web environment, so that payment can be made securely and data can be protected.
Clause 4 - Charges and payments
The contract is entered into for a fixed period, unless the nature of the agreement dictates otherwise or the parties have agreed otherwise.
The prices stated in the offer exclude VAT and delivery charges.
Payment is made at the time when an order is placed. The customer may also opt to pay at a later stage.
If the customer fails to pay the invoice in good time, the customer is automatically in default and statutory interest is payable. Interest shall be calculated from the time when the customer defaults up until the time when the outstanding amount is paid in full.
If the customer remains in breach of its obligations after a notice of default has been sent, all reasonable costs incurred in obtaining satisfaction shall be payable by the customer.
In the event of liquidation, insolvency, attachment or a suspension of payments, Essentialistics’ claims against the customer shall be immediately payable on demand.
Clause 5 - Provision of information
The customer shall provide in good time all information relevant for the performance of the contract, including delivery information.
The customer warrants that all information, including any information originating from a third party, is correct, complete and reliable.
3. Essentialistics shall treat all information supplied as confidential.
The customer indemnifies Essentialistics for any damage and/or loss arising from failure to comply with the provisions of this clause.
Clause 6 - Performance of the contract
Essentialistics is entitled to engage third parties for the performance of its activities.
The customer shall supply Essentialistics with the information required for performance of the contract.
Essentialistics shall not carry out any assignments that are unlawful or conflict with its professional standards.
Clause 7 - Force majeure
In the event of force majeure, the parties may interrupt or reschedule the contract. Situations in which force majeure applies include where the fulfilment of the order is hindered, temporarily or otherwise, by circumstances that cannot reasonably be expected to be within the parties’ control. Examples include illness, accidents, fire, a pandemic or governmental measures.
In the event of force majeure, the parties are obliged to reschedule fulfilment of the order. The payment obligation remains in force, unless otherwise agreed.
If the customer wishes to reschedule the contract due to a pandemic, but there are no governmental measures that would prevent its continuation, or continuation in a modified form, then Essentialistics is entitled to charge the costs associated with the rescheduling.
Clause 8 - Right of withdrawal
The customer has 14 calendar days to cancel a contract relating to the purchase of physical products.
The cooling-off period in the previous paragraph starts on the day after the customer has received the product. If an order is delivered in several parts, the cooling-off period starts at such time as the customer receives the final product.
Essentialistics is entitled to ask the customer for the reason for their withdrawal, but the customer is not obliged to give a reason.
The right of withdrawal does not apply to the purchase of personalised products.
Clause 9 - Obligations in the case of withdrawal
During the cooling-off period, the customer must handle the purchased product and the packaging with care. The product may only be inspected in the same way as would be permitted in a physical shop.
The customer is liable for any reduction in the value of the product as a result of handling inconsistent with the provisions of the previous paragraph.
Following receipt of the notice of withdrawal, Essentialistics will send a confirmation of receipt to the customer.
Essentialistics will reimburse the payments made by the customer within 14 calendar days after notice of the withdrawal is given. Reimbursement will take place once the customer has sent back the product and is able to produce a proof of postage, or once the returned product has been received.
Clause 10 - Exercise of the right of withdrawal
The customer must give notice that they are exercising the right of withdrawal in writing, using the standard form and within the cooling-off period.
The customer is only authorised to return the goods if they have notified Essentialistics of the return, using the standard form.
Within 14 calendar days following the notification referred to in paragraph 1, the customer shall send the product back, to the extent reasonably possible in its original state and packaging.
The burden of proving the timely exercise of the right of withdrawal lies with the customer.
If the customer has benefited from free delivery due to exceeding a pre-determined minimum spend amount and they decide to return part of the order with the result that they no longer satisfy the minimum spend requirement, the delivery charges will be deducted from the amount to be refunded by Essentialistics.
The customer is responsible for paying the costs of returning the product.
Clause 11 - Liability
Essentialistics is not liable for damage and/or loss arising from this contract, unless the damage and/or loss was caused deliberately or by gross negligence.
Essentialistics is not liable for damage and/or loss arising due to incorrect information having been provided by the customer.
Essentialistics is not liable for actions or omissions by third parties or delays caused by third parties.
Essentialistics is not responsible for a product becoming defective if it has not been treated with care.
Essentialistics is not liable for damage and/or loss arising due to incorrect use of products after advice has been given.
Essentialistics will ensure that it states the materials used in jewellery items in the product description, but it cannot be held responsible for any allergic reactions to these materials. The customer is responsible for passing this information on to third parties.
Essentialistics is not liable for any loss or damage due to its website (or part of its website) not functioning properly and/or due to any errors occurring on its website or in any other communication resources.
In the event that Essentialistics owes compensation to the customer for causing direct damage and/or loss, the compensation shall not exceed the amount paid out under any insurance policy taken out. If the insurer does not make a payment, the compensation shall not exceed two times the invoice amount charged by Essentialistics to the customer, except where standards of reasonableness and fairness require otherwise.
The customer indemnifies Essentialistics against all claims by third parties relating to the products supplied by Essentialistics.
Clause 12 - Intellectual property
The intellectual property rights to Essentialistics’ brand, trade name, designs and images remain with Essentialistics and may not be used or copied without permission.
Only after purchasing products is the customer entitled to use the product photographs and mood shots produced by Essentialistics for the purposes of their own website. Wholesale customers who do not make purchases from Essentialistics are not entitled to use the product photographs and mood shots.
Acting in breach of the provisions of this clause constitutes a copyright infringement.
In the event of an infringement, Essentialistics shall be owed a fee of at least three times the fee it usually charges for such use, without affecting its entitlement to compensation for any other damage and/or loss suffered.
Ownership of products supplied by Essentialistics transfers to the customer when payment has been made in full.
Clause 13 - Delivery
If a customer supplies incorrect delivery information, Essentialistics shall not be liable for this. The delivery address as provided by the customer shall always apply.
Essentialistics delivers worldwide.
If a customer places an order on a business day before 3 p.m., the order will be dispatched the same day, unless either a different delivery time has been agreed, the order comprises a pre-order, a product is out of stock or payment is not made. If an order is placed on a business day after 3 p.m., the order will be dispatched on the next business day. Any order placed during the weekend and/or on a public holiday will be dispatched on the next business day.
In the event that the order comprises a pre-order, the order will be delivered in accordance with the expected delivery time stated in the product description.
If delivery is delayed and the delivery time is exceeded, then after 30 calendar days have passed without delivery the customer is entitled to cancel the contract at no charge.
Clause 14 - Special provisions
The parties are required not to disclose any confidential information that they have received in connection with the contract.
Clause 15 - Special offers and promotions
Essentialistics may offer special offers and promotions. Once the period for a special offer or promotion has expired, Essentialistics is not obliged to adhere to the terms and conditions applicable to the promotional offer.
Any discounts offered only apply if payment is made within the stated period. Essentialistics reserves the right to determine whether the discount has been applied correctly.
A discount code may only be used once per customer.
A discount code does not give entitlement to free delivery, unless otherwise stated.
If the customer orders a pre-determined minimum quantity of products in a single order, they are entitled to claim a volume discount.
Clause 16 - Complaints
The customer shall give notice of any complaints about the products delivered, in writing and providing an explanation of the complaint, within 14 calendar days after the complaint arises. Essentialistics aims to respond to any complaint within 2 business days.
Filing a complaint does not suspend the customer’s payment obligation.
If packages are open or damaged on delivery, the customer must report this to the person making the delivery before taking receipt of the product. If this does not take place, Essentialistics cannot be held liable.
Clause 17 - Guarantee
Essentialistics devotes the utmost care to its products and consequently they will comply with all quality standards that may reasonably be applied to them.
Essentialistics provides a seller’s warranty for 3 calendar months. In the unlikely event of a product breaking within these 3 months, the customer is entitled to repair or replacement of the product. If the product is no longer available, the customer is entitled to receive a different product from the webshop, or they may opt to receive a refund of the full amount paid for the product.
The customer shall make any claim under the warranty in writing. They must provide a copy of the proof of purchase and the products being returned must always be complete. A photograph of the broken product will be sufficient if this is agreed between the parties.
The statutory warranty provisions will also be observed.
Clause 18 - Dispute resolution
These general terms and conditions are subject to Dutch law.
The parties shall only refer a dispute to the courts after having made efforts to settle the dispute by mutual agreement.
Disputes shall be settled in the district in which Essentialistics has its place of establishment, unless legislation provides otherwise.
In derogation from the statutory limitation period, the limitation period for all claims shall be 12 months.