Terms & conditions
Terms and Conditions (also sales and delivery conditions) from Mayorista en abalorios y joyería B.V. located in Middelburg, the Netherlands.
1.1 In these terms and conditions Mayorista en abalorios y joyería is defined as: Private company with limited responsibility Mayorista en abalorios y joyería B.V., statutory located in Middelburg the Netherlands. Registered within the commercial register of the Dutch Chamber of Commerce with number 73769401.
1.2 In these terms and conditions the internet site are defined: the internet sites of Mayorista en abalorios y joyería with URL’s: https://www.mayoristaenabaloriosyjoyeria.es/, https://www.mayoristaenabaloriosyjoyeria.com/, https://www.mayorista-en-abalorios-y-joyeria.es/ and https://www.mayorista-en-abalorios-y-joyeria.com/.
1.3 These terms and conditions apply to all quotations, all actions and all agreements of whatever nature between Mayorista en abalorios y joyería and her clients/customers, after this called customers, unless with explicit written consent corresponded.
1.4 The customer accepts these terms and conditions by confirming their order. The customer is deemed to read these terms and conditions. Objections regarding to these conditions must be communicated by written notice or confirmatory email in advance.
1.5 The applicability of certain purchasing- or other conditions from the customer will be put by explicit.
1.6 Mayorista en abalorios y joyería only delivers to businesses registered with the ‘Kamer van Koophandel’ or - when located outside of the Netherlands – with an equal authority.
2.1 All quotations and price quotations are non-binding. A quotation or offer expires when the relevant product is no longer available.
2.2 Mayorista en abalorios y joyería keeps the right to change prices, in particular in terms of regulations necessary (by law).
2.3 Mayorista en abalorios y joyería cannot be held responsible for the offers or quotations when the customer reasonably can realise the quotations or offers, or parts of it, contain an obvious mistake or writing error.
2.4 The mentioned prices within the quotation offer are exclusive VAT and other taxes on behalf of the government, possible costs made because of the agreement, travel, accommodation, shipping and administration costs, unless otherwise specified.
2.5 A composed quotation does not require Mayorista en abalorios y joyería to conduct a part of the order against a corresponding part of the specified price.
2.6 Quotations and offers do not automatically count for future orders.
2.7 Information, images, communication oral, by phone or email and tasks regarding to offers and important characteristics from the products are displayed and done as accurate as possible. Mayorista en abalorios y joyería does not guarantee all offers and products are fully in accordance with the given information. Deviations cannot be a reason at principle for a compensation and/or dissolution.
3.1 The agreement arises the moment when the customer accepts the offer and satisfies in the specified conditions.
3.2 When the customer accepts the offer electronically, the agreement arises the moment the order confirmation – a through the customer made assignment – is sent to the - by the customer specified - email address. The customer and Mayorista en abalorios y joyería specifically agree that by using electronical communication a valid agreement is made when the order confirmation is sent to the customer. The electronic files of Mayorista en abalorios y joyería count, as far as the law allows, hereby as a presumption of evidence.
3.3 Verbal offers or promises do not commit Mayorista en abalorios y joyería, unless they are written confirmed within eight days.
3.4 Mayorista en abalorios y joyería has a minimum order amount of € 50,- exclusive VAT outside of the Netherlands. When the customer places an order under this order amount, they will be deemed not to legally comply, unless agreed differently with written consent.
4.1 All changes made by the customer in the original assignment need to be written notified timely to Mayorista en abalorios y joyería. When the customer makes his changes knowable by verbal communication the risk for doing these changes is for the customer.
4.2 Changes in processed assignments could possibly cause the agreed delivery deadline to be overrun. Mayorista en abalorios y joyería cannot be held responsible in this case.
4.3 Changes in processed assignments could result in expiration of the made quotation with the customer. Mayorista en abalorios y joyería will make a new quotation for the customer for the new assignment.
4.4 In case of cancellation of the order by the customer, the customer will indemnify all costs made by Mayorista en abalorios y joyería (including wage and materials), while Mayorista en abalorios y joyería is authorised to claim all resulting damage, costs, interest and loss of profit from the customer.
5.1 All our wholesale prices are in Euro and in Great Britain in Pounds. All prices are exclusive turnover tax and additional costs, unless otherwise agreed by written notification or a confirmatory email.
6.1 Mayorista en abalorios y joyería will take greatest care possible while processing the orders of products.
6.2 The location of delivery is the address the customer has communicated to Mayorista en abalorios y joyería.
6.3 Mayorista en abalorios y joyería will perform the accepted orders within 7 days at the latest, unless there has been agreed to a longer delivery period. When the delivery is delayed, or whether an order will be delivered in parts or not, the customer will receive a message within a month at the latest after placing the order. In this case the customer has the right to terminate the agreement without any costs.
6.4. In terms of termination in accordance with the past section Mayorista en abalorios y joyería will return the amount the customer has paid as soon as possible, 30 days after termination at the latest.
6.5. After Mayorista en abalorios y joyería has offered the delivery, the risk on damaging and/or lost products is with the customer.
7.1 In case of supremacy Mayorista en abalorios y joyería is without juridical intervention authorised to extend the delivery period with the duration of the supremacy, or terminate the agreement totally or partial, without Mayorista en abalorios y joyería being held indemnification of any kind.
7.2 Supremacy will be applicable in case of: a strike, exclusion, fire, obstructions in traffic, lack of raw materials, materials of workers, mobilisation, war, entry or export barriers, government measurements, no or not timely deliveries of suppliers or other enabled third parties and the lack of permits from the government. But also malfunctions in a (telecommunication) network or connection or used communication system and/or the availability of the internet site or other limiting circumstances beyond the actions of Mayorista en abalorios y joyería.
8.1 Payment needs to take place through advance payment, with cash on delivery or via Ideal (the Netherlands) or credit card. Only after written consent of Mayorista en abalorios y joyería this can be changed in a payment period of 14 days.
8.2 When there is a payment absence longer than 30 days after the invoice date, the customer is by operation of law in failure. The customer then owes interest with 1% a month, unless the legal interest is higher, in which the legal interest is owed. The interest of the claimable amount will be calculated from the moment the customer is in absence from the moment of fulfilment of the total payments due.
8.3 Mayorista en abalorios y joyería has the right to stretch the done payments by the customer in the first place to deduct the costs, in accordance with the deduct of vacant interest and finally in deduct of the principal sum and ongoing interest.
8.4 Mayorista en abalorios y joyería can, without being in absence, reject an offer to payment when the customer other order of allocation of payment indicates. Mayorista en abalorios y joyería can reject full payment of the principal sum when the vacant and ongoing interest and collection costs are not included.
8.5 The customer is never authorised to settlement of the amounts due to Mayorista en abalorios y joyería.
8.6 When the customer is in failure or absence in the (timely) fulfilment of his obligations, all reasonable costs to acquire will be of fulfilment beyond right for account of the customer. The extra juridical costs will be calculated based on what is usual by the Dutch dept collection agency, at the moment the calculation method via ‘Rapport Voorwerk ll’. Although when Mayorista en abalorios y joyería reasonably necessary has made higher costs on collection, the actual made costs become eligible for the customer. The customer owes amounts due on interest over collection costs.
Retention of title
9.1. All delivered matters as part of the agreement stay in property of Mayorista en abalorios y joyería until the customer has proper fulfilled all obligations from the concluded agreement with Mayorista en abalorios y joyería.
9.2. The delivered matters by Mayorista en abalorios y joyería who own to part 1 retention of title, cannot be sold or be used as a payment method. The customer is not authorized to pledge or interfere with the matters in retention of title in any other way.
9.3 The customer reasonably needs to do what is expected to do to secure the proprietary rights of Mayorista en abalorios y joyería.
9.4 When third parties foreclose the retention of title delivered matters or want to establish rights, the customer is required to immediately inform Mayorista en abalorios y joyería.
9.5 The customer is required to ensure all the retention of title delivered matters and secure them against fire, explosion and water damage, as well as theft and when requested, to give the policy to Mayorista en abalorios y joyería for inspection. Mayorista en abalorios y joyería is entitled to these funds by possible payment of these insurances. The customer grands cooperation as much needed or necessary against Mayorista en abalorios y joyería.
9.6 In case Mayorista en abalorios y joyería wants to pursue his proprietary rights as referred to in this article, the customer gives unconditional and non-revocable permission to Mayorista en abalorios y joyería in advance and indicates Mayorista en abalorios y joyería to enter all places where Mayorista en abalorios y joyería’s belongings are and to take them with.
Claiming and liability
10.1 The customer is required to scrutinise the products by delivery or to satisfy to the products. Size, colour and differences in quantity within a margin of 5% against the product images on the internet site are not susceptible for advertising and count therefore as a delivery within the standards of the concluded agreement.
10.2 When the customer believes the products do not answer the agreement, the customer needs to report within eight business days after the delivery of the products.
10.3 The customer will in no way be able to claim against Mayorista en abalorios y joyería after the customer has processed and or passed on the received goods as a whole of parts to third parties.
10.4 Returns are not accepted, unless Mayorista en abalorios y joyería has written permission beforehand. When there is no permission granted the goods will be returned or stored on expense of the customer.
10.5 Claiming does not give the customer the right to refuse payment (full or partly).
10.6 Mayorista en abalorios y joyería is not responsible for durability, adhesion, light and colour fidelity, wear resistance, and product size caused by the nature of materials, also without to inform the customer.
10.7 Costs of returns are for the customer and need to be stamped. Returns also need to be proper packaged and need to be provided with a copy of the invoice, saying which product is returned.
10.8 In case Mayorista en abalorios y joyería approved the return, the customer will receive a credit. This can be used in a next order. Mayorista en abalorios y joyería does not refund funds.
10.9 Mayorista en abalorios y joyería offers a reasonable manufacurer’s warranty (maximal 3 months). This warranty reasonably does not count in case of wear marks and can be considered normal, also in the following cases: intentional or gross negligence, unprofessional use, water damage, freezing and contamination.
10.10 Mayorista en abalorios y joyería can never be held to pay for any compensation payment from the customer or third parties, unless in case of intent or gross fault of Mayorista en abalorios y joyería. Mayorista en abalorios y joyería is never responsible for consequential damages or business damage, indirect damage and loss of profit or revenue loss. When Mayorista en abalorios y joyería, for whatever reason, is held to compensate any damage, the compensation will never be more than the amount of the invoice value regarding tot he product or service causing the damage (with a maximum off 2500 Euro).
10.11 Our products are not suitable use for or with children unless mentioned otherwise.
11.1 The customer expressly recognizes that all rights of intellectual property are provided with information, images, notices or other expressions regarding to the products or regarding to the internet site of Mayorista en abalorios y joyería, her suppliers or other beneficiaries.
11.2 Under intellectual property is understood patent law, copyright, brand rights, drawings and design rights and or other (intellectual property) rights, where is also understood whether or not patentable technical and or commercial know-how, methods and concepts.
11.3 The customer is forbidden to use, herby made changes included, the intellectual property as described in this article, like for example reproduction, without explicit written consent beforehand of Mayorista en abalorios y joyería, her suppliers or other beneficiaries.
12.1 To all agreements, only Dutch right applies.
12.2 Partial invalidity of any cause cannot have full invalidity as a result.
12.3 The applicability of the ‘Weens Koopverdrag’ is explicit excluded.
12.4 In case of disputes the courthouse in Middelburg, the Netherlands will be chosen.
No rights can be derived from faults caused by translation of the Dutch Terms and Conditions.