Conditions of sale

Article 1 Definitions

General Terms and Conditions:
Juwelier Burger B.V.’s general online and offline sales, delivery, repair, and payment conditions, as filed with the Chamber of Commerce on 12 August 2021.

Consumer:
Any natural persons who is not practising a profession or running a business (consumption), who enters into an agreement with Juwelier Burger B.V. via the Online Store.

 

Customer:
The Consumer or any other customer who places an order with Juwelier Burger B.V., requests a quotation, or places an order online or offline.

 

Product:
All goods which Juwelier Burger B.V. produces and/or sells under the name or trade name of Juwelier Burger B.V.

 

Online Purchases:
orders and purchases carried out via the Juwelier Burger B.V. Online Platform/Online Store.

 

Online Platform/Online Store:
The online platform/online store on the www.juwelierburger.com website and/or www.chrono24.nl website and/or www.montro.com website.

 

Article 2 Scope of application

2.1
These Terms and Conditions, to the exclusion of any other general terms and conditions, apply to any offers, quotations, online and offline orders, and agreements between Juwelier Burger B.V. and a Customer to the extent that the parties do not deviate from these Terms and Conditions expressly in writing.

2.2
By accepting an offer or quotation, or placing an order through the Online Platform/Online Store, the Customer accepts the applicability of these General Terms and Conditions.

Article 3 Offers, quotations, and formation of the agreement

3.1
All offers and quotations, regardless of the manner in which they are made, are subject to confirmation without obligation. The information provided on the Website or in the physical shop is for general information purposes only.

3.2
Juwelier Burger B.V. cannot be held to its offers or quotations if the Customer should reasonably have understood that the offers or quotations, or parts of them, contained a manifest mistake or clerical error.

3.3
The Customer accepts a quotation by placing an order in the shop or via the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store.

3.4
Offers are subject to availability. If a Product is not in stock, despite the fact that it is on the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store Juwelier Burger B.V. may cancel a confirmed order. In that case, the Customer will be informed by e-mail and any payments made related to the order will be refunded.

3.5
Juwelier Burger B.V. is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stipulated otherwise. If an order is not accepted, Juwelier Burger B.V. will inform the Customer within five (5) working days after receipt of the order. Juwelier Burger B.V. reserves the right to refuse or cancel an order, without being liable for any damages or costs in the following situations, among others: − the Product is not available or the Product is out of stock; − Juwelier Burger B.V.’s security systems flag the order as an unusual order or a fraudulent order; − the Customer’s invoice information is not correct or not verifiable; − Juwelier Burger B.V. has reason to believe that the Customer is a reseller; − there is an error in the price shown on the Juwelier Burger B.V. website; − Juwelier Burger B.V. cannot deliver to the shipping address provided by the Customer. In that case, the Customer will be informed by e-mail and any payments made related to the order will be refunded.

Article 4 Price

4.1
Quotations are always made on the basis of the cost price factors valid at the time of purchase and/or order, such as raw material prices, repair rates, excise duties, etc.

4.2
If any of the cost price factors increases after the date on which the agreement is concluded – even if this occurs as a result of foreseeable circumstances – Juwelier Burger B.V. is entitled to raise the agreed price accordingly. Juwelier Burger B.V. will inform the Customer of this.

4.3
Juwelier Burger B.V. reserves the right to change prices, in particular if it is necessary under statutory and other regulations.

4.4
Prices in the shop and on the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store are denominated in euros and are including VAT.

Article 5 Payment

5.1
The amount due to Juwelier Burger B.V. must be paid to Juwelier Burger B.V. online, or by advance payment, or immediately on delivery, but at the latest within fourteen (14) days after the rendering of the services, unless expressly agreed otherwise.

5.2
All payments must be made in the shop, via the payment function of the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store or into a bank account stated by Juwelier Burger B.V. based on a quotation or invoice.

5.3
If the Customer fails to pay within the agreed period, he/she will be deemed to be legally in default and Juwelier Burger B.V. will have the right, without any notice of default, to charge interest from the due date at 4% above the promissory note discount rate of De Nederlandsche Bank and also to charge all judicial and extrajudicial costs incurred in the collection of its claim. If the payment is not made, Juwelier Burger B.V. reserves the right to cancel the order. In that case, Juwelier Burger B.V. cannot be held liable for any costs and/or damages incurred by the Customer.

Article 6 Delivery

6.1
With respect to purchases in Juwelier Burger B.V.’s physical shop, delivery is done by placing the goods at the disposal of the shop or workshop or at the agreed location. The costs of shipment may be charged to the Customer. The risk of shipment of goods purchased in Juwelier Burger B.V.’s shop to Customers/buyers residing or established abroad will be for the Customer’s account and risk. Juwelier Burger B.V. is obliged to use a professional carrier/transporter. Juwelier Burger B.V.’s liability for any damage, loss, or destruction of the goods is excluded. In any case, the liability for damages is capped at the compensation that Juwelier Burger B.V. obtains from the carrier/transporter it engages.

6.2
With respect to online purchases, the shipping and delivery charges are set per order. The Customer bears all costs related to shipping, import and export duties and excise duties, as well as all other levies or taxes levied for the Product. Juwelier Burger B.V. is not responsible nor liable for the declaration and/or payment of import and export duties, excise duties, and/or taxes. Juwelier Burger B.V. will deliver the Product to the shipping address specified on the Customer’s order.

6.3
Juwelier Burger B.V. is entitled to engage third parties for the fulfilment of its shipping and delivery obligations under the agreement.

6.4
Instead of having an online order shipped and delivered, the Customer may choose to pick up the order at Juwelier Burger B.V.’s physical shop in Maastricht. If the Customer decides to do so, he/she must indicate this when placing the order on the www.juwelierburger.com online platform/online store.

6.5
With respect to the delivery time, the Product will be deemed to have been delivered when it is available for transfer of ownership to the Customer, or at least can be placed under the Customer’s control, and is ready, and the Customer has been notified accordingly.

6.6
If the Customer rejects the delivery of the ordered Product or does not take delivery of the order, Juwelier Burger B.V. will charge the actual costs of returning the Product to the Customer.

6.7
The stated delivery times are only indicative and may be subject to change in the interim. Exceeding the delivery time does not mean that Juwelier Burger B.V. will be in default by operation of law. Notice of default is always required for this purpose. Merely exceeding the delivery time does not entitle Customer to compensation or to cancel the agreement.

Article 7 Consumers’ right of withdrawal related to Online Purchases

7.1
For Online Purchases, the Consumer has the right to withdraw from the agreement within 14 calendar days without giving reasons. The Consumer may either rescind the agreement and receive a refund of the purchase price or exchange the ordered Product. The right of withdrawal period expires 14 calendar days from the day on which the Consumer (or a third party – other than the carrier – designated by the Consumer) takes physical possession of the ordered Product. If several Products from the same order are delivered separately, the right of withdrawal period expires 14 calendar days from the day on which the Consumer (or a third party – other than the carrier – designated by the Consumer) takes physical possession of the item ordered last.

7.2
Products that are not suitable for return for reasons of health protection or hygiene and/or sealed Products of which the seal has been broken after delivery cannot be returned or exchanged.

7.3
To exercise the right of withdrawal, the Consumer must inform Juwelier Burger B.V. of his/her decision to withdraw from the agreement by requesting a return form from Juwelier Burger B.V.’s Website or by sending an e-mail with an unambiguous written statement to Juwelier Burger B.V. during the right of withdrawal period. To comply with the withdrawal period, it is sufficient for the Consumer to request a return form or to send the unambiguous statement to Juwelier Burger B.V. before the withdrawal period has expired.

7.4
During the cooling-off period, the Consumer must handle the Product and the packaging with care and respect, and keep it intact, in the same manner as the Consumer would be allowed to do in a shop. The Consumer must only unpack and examine the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. Wearing the Product or using or deploying it in some other way is not permitted. In all cases, the Consumer should prevent traces of use or signs of wear and tear on the Product. The Consumer will be liable for any depreciation in the value of the Product that is brought about by handling it in a way other than is necessary to determine the nature, characteristics, and functioning of the Product.

7.5
If the Consumer exercises his/her right of withdrawal, the Consumer must return the Product to Juwelier Burger B.V. at his/her own risk and expense, by following the instructions on the return form, without undue delay and in any event not later than 14 calendar days after the day on which the Consumer notified Juwelier Burger B.V. of his/her decision to exercise their right of withdrawal. If the Consumer is located outside the European Union, the Consumer will label the returned Product on the customs declaration as ‘Return and repairs of Dutch merchandise’.

7.6.
The Consumer must return the Product with all the delivered accessories, in its complete and original condition and, as far as possible, in the original packaging. The risk and burden of proof with respect to the proper exercising of the right of withdrawal within the applicable period of time lies with the Consumer.

7.7
If the Consumer exercises his/her right of withdrawal in time, Juwelier Burger B.V. will repay the relevant payments received from the Consumer, excluding the delivery costs and excluding the return costs, within 14 calendar days of the day on which Juwelier Burger B.V. is informed about the Consumer’s decision to withdraw from the agreement and after Juwelier Burger B.V. receives the Product in good condition and undamaged.

7.8
If the Consumer wishes to exchange the Product, no return and/or extra delivery costs will be charged. Juwelier Burger B.V. is entitled to wait with reimbursement until the Product has been returned to Juwelier Burger B.V., or until the Consumer has provided sufficient evidence of the timely return of the Product, whichever is earlier. Juwelier Burger B.V. will effect this reimbursement using the same payment method and to the same bank account that the Consumer used for the initial transaction, unless expressly agreed otherwise.

Article 8 – Provision of security and cancellation

8.1
Juwelier Burger B.V. is at all times entitled to ask the Customer for a down payment/advance payment of up to 50% of the purchase price or security for the fulfilment of the Customer’s obligations under the agreement. The Customer must comply with this immediately on request.

8.2
Any down payment, in whatever form, will never be returned. If the Product is not taken, the down payment will be held for 30 days for the purchase of another item at the trade-in value or at a minimum value equal to the down payment.

8.3
If the Customer does not provide security or if it is insufficient, Juwelier Burger B.V. is entitled to rescind the agreement.

8.4
If the Customer is in default of any payment, Juwelier Burger B.V. is entitled to suspend or rescind the agreement, or suspend performance of the agreement in question and any related agreements.

8.5
If Products are purchased from a third party especially for the Customer, but ultimately – for whatever reason – the Customer does not purchase them, Juwelier Burger B.V. reserves the right to charge the Customer a reasonable fee of 25% of the total purchase price as a charge for administration and other costs. Juwelier Burger B.V. is entitled to offset this fee against any down payment or security deposit given by the Customer in connection with ordering the Product in question.

8.6
If the Customer cancels (unilaterally terminates) an order for jewellery specially designed for the Customer prior to the planned delivery date, the Customer will owe Juwelier Burger B.V. the following percentages of the order price, without prejudice to Juwelier Burger B.V.’s right to full compensation if the work has already been carried out: • 1 to 2 days after ordering: 10% • 3 to 7 days after ordering: 25% • 8 to 14 days after ordering: 40% • 14 to 30 days after ordering: 60%

8.7
The Customer must always cancel the order in writing. The date that Juwelier Burger B.V. receives the cancellation is used to determine the time of cancellation.

Article 9 Repaired items or items ordered from third parties that are not collected

9.1
If, after three consecutive written notifications from Juwelier Burger B.V. to the Customer (including by text messages or WhatsApp messages) – of which the last is sent by registered letter – stating that the Product repaired on his/her instructions is ready and can be delivered, the Customer fails to collect the Product from the shop for a period of three months, Juwelier Burger B.V. is entitled to sell the Product and to recover all that is owed to Juwelier Burger B.V. from the proceeds.

9.2
The Customer is entitled to collect the proceeds of the sale, less all the costs of repair and all costs of storage, auction, and administration, from the shop, for a period of three months after the sale of the repaired Product. After this period, the Customer will pay Juwelier Burger B.V. 5% interest on the expenses as well as 1% of the shop selling price of the repaired Product for each month that has started.

9.3
If, after three consecutive written notifications from Juwelier Burger B.V. to the Customer – of which the last is in writing – stating that the Product bought from third parties on his/her instructions is available and can be delivered, the Customer fails to collect the ordered Product for a period of four weeks, Juwelier Burger B.V. is entitled to sell the Product in the shop or, if possible, to return the Product to the third party from whom it was purchased.

Article 10 Transfer of risk and ownership

10.1
The risk of loss, direct or indirect damage, or reduction in value for delivered goods will pass to the Customer if and as soon as the goods are made available to the Customer and the Product is deemed to have been delivered within the meaning of Article 5(1).

10.2
Without prejudice to the provisions of the previous paragraph and Article 5(1), ownership of the Product will not pass to the Customer until the Customer has properly fulfilled all its obligations under the agreement(s) concluded with Juwelier Burger B.V. and settled all that it owes to Juwelier Burger B.V. in this respect, including interest and costs.

Article 11 Complaints and guarantee

11.1
Customer will inspect the delivered goods thoroughly for defects at the time the goods are made available to him/her.

11.2
Complaints concerning visible defects must be lodged with Juwelier Burger B.V., and supported by reasons, immediately after discovery, and in any event within 14 days at the latest after the actual transfer of the goods.

11.3
Complaints concerning hidden defects must be lodged with Juwelier Burger B.V. immediately after discovery, and in any event within 14 days after the lapsing of the guarantee period referred to in paragraph 6. With respect to complaints concerning orders submitted via the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store, the following applies: any complaints must be lodged in writing and addressed to the following e-mail address: [email protected]. The e-mail must contain a clear description of the complaint, the Customer’s name, the order number stated on the order confirmation, and the item number of the Product.

11.4
If the Customer has not lodged a complained against Juwelier Burger B.V. within the stated periods, or the complaint does not meet the requirements as set out in paragraphs 1 to 4 of this article, all claims against Juwelier Burger B.V. concerning the defects will lapse and the Customer will not be entitled to repair, replacement, or compensation. Legal claims in this respect must be instituted within one year of a complaint lodged in good time, subject to forfeiture of the right to claim.

11.5
The Customer must at all times give Juwelier Burger B.V. the opportunity to investigate the complaint lodged.

11.6
Without prejudice to the restrictions set out below, Juwelier Burger B.V. guarantees the soundness of the Product that it has delivered, as well as the quality of the material used and/or delivered for it, for a period of 12 months after delivery, as specified in Article 5(1), unless a different period has been expressly agreed based on the supplier/manufacturer’s applicable guarantee conditions, and excluding visible defects.

11.7
The guarantee in any event does not include defects that occur or are wholly or partly due to the following: − failure to observe operating instructions, incorrect, and/or improper use or due to use other than the intended normal use; − normal wear and tear; − failure to carry out maintenance at all, correctly, or in good time. − assembly/installation or repair carried out by third parties, including the Customer; − the application of any government regulations regarding the nature or quality of the materials used; − materials or items used in consultation with the Customer; materials or items which the Customer gave Juwelier Burger B.V. to be used in the processing; − materials, items, working methods, and structures, insofar as applied on Customer’s express instructions, as well as materials and items supplied by or on behalf of Customer; − parts that Juwelier Burger B.V. obtained from third parties, to the extent that the third party did not give Juwelier Burger B.V. a guarantee.

11.8
The guarantee on delivered goods never extends beyond the guarantee given by the manufacturer or supplier of the goods (manufacturer’s guarantee).

11.9
If Customer fails to fulfil any obligations arising for it under the agreement concluded with Juwelier Burger B.V. or under an associated agreement at all, properly, or in good time, Juwelier Burger B.V. will not be bound by any guarantee – by whatever name – with regard to any of these agreements.

11.10
If a timely, correct, and justified complaint is lodged in accordance with Article 11, the Customer will be entitled to replacement or repair of the defective or non-conforming Product, or to an appropriate credit amounting to the purchase price of the Product.

11.11
The Customer must send the defective or non-conforming Product, in its entirety, back to Juwelier Burger B.V. The defective or non-conforming Product will become Juwelier Burger B.V.’s property as soon as it has been replaced or credited.

Article 12 Liability

12.1
The Juwelier Burger B.V.’s liability is limited to compliance with the guarantee obligations set out in these Terms and Conditions. Accordingly, Juwelier Burger B.V cannot be held liable for damage or loss, regardless of the reason, of Products, raw materials, models, tools, and other items provided by Customer.

12.2
Unless it concerns gross negligence on the part of Juwelier Burger B.V., and subject to the provisions of paragraph 1, all liability on the part of Juwelier Burger B.V. is excluded, for instance for indirect damages and damages arising from liability vis-à-vis third parties. This exclusion may not be invoked if this invocation, where applicable, would lead to a result unacceptable according to standards of reasonableness and fairness.

12.3
Should Juwelier Burger B.V. be liable despite the above exclusions of liability, then Juwelier Burger B.V.’s liability vis-à-vis the Customer is limited to the amount actually paid out under corporate liability insurance taken out for the case in question, plus the policy excess amount applicable under that insurance.

12.4
If no payment is made under the corporate liability insurance, regardless of the reason, Juwelier Burger B.V.’s liability vis-à-vis the Customer is limited to the paid invoice value of the agreement, at least to that part of the agreement to which the liability relates.

Article 13 Information provided and intellectual property

13.1
Information mentioned in catalogues, illustrations, drawings, dimensions, measurement and weight specifications and the like are intended only to give a general impression. No rights can be derived from this information unless they are expressly set out in an agreement concluded by the parties.

13.2
Juwelier Burger B.V. retains all intellectual property rights to all designs, images, drawings, calculations, and models made or provided by Juwelier Burger B.V., irrespective of whether costs for this have been charged. The Customer is only permitted to reproduce, disclose, and copy the material if it has Juwelier Burger B.V.’s written permission.

13.3
All intellectual property rights are vested solely in Juwelier Burger B.V. or its licensors. The Customer acknowledges that he/she has no right, title, or interest in, nor will it acquire or attempt to acquire any intellectual property rights in his/her own name or in the name of third parties, or on behalf of himself or herself or others, nor will he/she act in a way that may give third parties the impression that the Customer is the owner of any of these intellectual property rights.

13.4
The Customer will not copy these intellectual property rights to the Products or to the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Website, or use them in any other way, without Juwelier Burger B.V.’s prior written permission. The Customer will not do or permit anything that may damage or impair the intellectual property rights, including but not limited to their validity, distinctiveness, and/or reputation.

Article 14 Force majeure

14.1
If Juwelier Burger B.V. cannot reasonably fulfil the agreement or cannot fulfil it temporarily due to force majeure, Juwelier Burger B.V. cannot be held liable for the damages that the Customer suffers as a result.

14.2
Force majeure includes all circumstances beyond the control of Juwelier Burger B.V. and its agents and third parties – even if it was foreseeable at the time the agreement was made – that prevents the fulfilment of the agreement permanently or temporarily, and, insofar as it is not already understood, war, threat of war, riots, pandemics, fire, and other serious disruptions in Juwelier Burger B.V. or its suppliers’ business operations; natural phenomena as a result of which the order cannot be fulfilled or cannot be fulfilled on time, such as storms, floods, and severe weather conditions; serious traffic stoppages and other obstructions in transport; and accidents and strikes. Given the nature of the Products, force majeure also includes delivery times resulting from choices made by suppliers and the production at third parties or the discontinuation of the production of specific models. Juwelier Burger B.V. has no control or influence over the choices made by suppliers and manufacturers.

15. Privacy

15.1
Juwelier Burger B.V. will process the Customer’s personal data in accordance with the privacy statement published on the Juwelier Burger B.V. website.

15.2
On our website, you can subscribe to our digital newsletter. In these mailings, we will provide you with information about our products and/or services. By filling in your contact details on the website, you agree to receive this digital newsletter periodically by email. You can unsubscribe from these emails by clicking on the unsubscribe link at the bottom of the received email newsletter.

16. Online store availability

Juwelier Burger B.V. does not guarantee that the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store, or any of the content on it, will always be available or that access will never be interrupted. Juwelier Burger B.V. reserves the right to suspend, withdraw, discontinue, or change the Juwelier Burger B.V. website entirely or in part at any time without prior notice. Juwelier Burger B.V. cannot be held liable, regardless of the reason if the www.juwelierburger.com and/or www.chrono24.nl and/or www.montro.com Online Platform/Online Store at some point or for any length of time is not available.

Article 17 Final provisions

17.1
Juwelier Burger B.V. will notify the user in writing of any amendments to these provisions, without being required to send or otherwise inform the user of the individual amended provisions or the new version of the provisions in its entirety; notifying the user of an amendment and providing a link to the amended General Terms and Conditions will suffice. If the user does not object to the amendment in writing within 14 days of the notification, the amendment will be deemed to have been accepted.

17.2
If any of the provisions of these terms at any time proves to be wholly or partially invalid or void, then the remaining provisions of these terms remain fully applicable, and Juwelier Burger B.V. will replace the provision in question by a new provision that Juwelier Burger B.V. will determine, which will take into account the purpose and intent of the original provision(s) as much as possible.

17.3
Juwelier Burger B.V. is entitled to transfer, assign, and/or pledge its rights and/or obligations under the agreement to a third party. This will not affect the Customer’s rights and obligations.

17.4
The Customer may only to transfer, assign, and/or pledge his/her rights and/or obligations under the agreement to a third party if it has Juwelier Burger B.V.’s written permission.

Article 18 Applicable law and dispute resolution

18.1
These General Terms and Conditions, as well as all offers, quotations, orders, and/or agreements from/with Juwelier Burger B.V., and the rights and obligations deriving from them, are governed exclusively by the laws of the Netherlands, with the exclusion of (i) any conflict-of-laws rules under Dutch private international law; and (ii) the applicability of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention 1980).

18.2
The court district where Juwelier Burger B.V. has its registered office will have exclusive jurisdiction to hear any dispute pursuant to offers, quotations, orders, and/or agreements from/with Juwelier Burger B.V., or arising from them, unless a mandatory legal provision dictates otherwise.