Article 1: Definitions

1. Offer

Information regarding the Products, such as price, color and an overview of its qualities, as shown on the Website

2. Customer
   The natural person who or the legal entity which buys a Product from Jara Jewelry through the Website.
3. Agreement
   The agreement for the delivery of Products (distance selling order) between Jara Jewelry and Customer and all further actions between Jara Jewelry and Customer regarding the delivery of these Products.
4. Products

Products to be delivered or displayed by Jara Jewelry, including in any case earrings, necklaces, bracelets, rings and any future Products

5. In writing/Written
   (Digital) communication by letter, e-mail, social media and online communication services.
6. Website
   Jara Jewelry's internet website, and all current and future derivatives thereof.
7. Work
   Any creation or Product supplied by Jara Jewelry under the Agreement.

Article 2: Jara Jewelry
The one (wo)man business Jara Jewelry, established and having offices in Haarlem, registered in the Trade Register under number 83445900.

Article 3: Applicability

1. These Terms and Conditions apply to every Offer and Agreement and the implementation thereof between Jara Jewelry and Customer. It also includes all acts related to the Agreement, both of a preparatory and executive nature. The Terms and Conditions form the Agreement between Jara Jewelry and the Customer. 
2. The Terms and Conditions can be found on the Website and will be made available to the Customer before or at conclusion of the Agreement (provided electronically). When placing the order via the Website, a tick must be placed next to a link to these Terms and Conditions. 
3. Terms and Conditions of the Customer, or any other third party, do not apply.
4. If specific Product Conditions are also in force, the provisions of the previous paragraphs also apply. In the event of a conflict, Customer can rely on the most favorable provision. 
5. Jara Jewelry is entitled to change these Terms and Conditions. Changes will be announced on the Jara Jewelry Website   

Article 4: Realisation of the Agreement; offer and acceptance 

Offer

1. The Offer is displayed on the Website and includes in any case a photo, price, size, used materials, possible allergens, weight, functionality, country of production and a description of the Product. Customer should be able to make a proper assessment of the Product and is made aware of his/her rights and obligations which are associated with the purchase of the Product. 
2. Jara Jewelry makes an effort to show the Products as accurately as possible in the photos on the Website. However, due to light, technical settings, use of different types of models and depending on the device of Customer, colors of the Products on the Website may deviate from the color of the real Products. As well as the fit.
3. Jara Jewelry is entitled to change the content of the Offer at any time for reasons of qualitative improvement.
4. Jara Jewelry is entitled to introduce discounts. 
5. Jara Jewelry cannot be kept to its Offers if the Customer should have understood, in terms of reasonableness that the Offer, or any part thereof, contains an obvious mistake or clerical error. 

Acceptance 

6. The Agreement between Jara Jewelry and Customer is realized when Customer accepts Jara Jewelry's Offer and meets the conditions set by Jara Jewelry. This is the moment that the Customer clicks the "place order" button on the Website after filling in all his/her details. 
7. Immediately after placing the order and making the payment, Customer receives a confirmation of acceptance of the Jara Jewelry Offer by e-mail; the confirmation of receipt. 

Modification

8. If a Product is not (any longer) available during or after the realisation of the Agreement Jara Jewelry will immediately inform the Customer In Writing. Customer is then entitled to:

• dissolve the Agreement. If a payment was already made, it will be reimbursed within 14 (fourteen) days by the same payment method Customer used;
• suspend the delivery of the Product until the Product is back in stock. The Agreement between the Customer and Jara Jewelry will remain unchanged, except for the fact that the Customer then agrees to a later delivery. Jara Jewelry will inform Customer of the expected later delivery time.
  

Article 5: Products 

Characteristics + Treatment 

1. Jara Jewelry advises to handle the Products in accordance with our Jewelry Care as stated on the Website.
   
   Conformity, legal guarantee and additional guarantees
2. Jara Jewelry does her utmost in order to make sure that the Products meet the specifications stated in the Offer, the reasonable requirements of reliability and / or usability and the laws and regulations applicable on the date of the realization of the Agreement. 
3. The warranty period may differ per Product, depending on what is reasonable for that specific Product. The term will depend on the Product and the circumstances of the case.  
4. Customer cannot transfer the warranty to a third party. 
5. An additional guarantee provided by Jara Jewelry, her suppliers, manufacturers or importers never limits the legal rights and claims which Customer has under the Agreement in case Jara Jewelry has failed to fulfill her part of the Agreement. 
6. An additional guarantee is understood to mean any obligation of Jara Jewelry, her suppliers, importers or producers in which she grants the Customer certain rights or claims that go beyond what it is legally required to do in case of failure to comply with her part of the Agreement.

Obligation to investigate + complaints 

7. Customer must examine the Products as soon as possible, no later than 24 hours after receipt, and assess whether they meet the quality and quantity that are customary in normal (trade) traffic. This means, among other things, that the Customer must examine whether the products delivered are complete and undamaged.  
8. Complaints must be communicated to Jara Jewelry in Writing, clearly substantiated with photos within a reasonable period after the defect has arisen.
9. Jara Jewelry strives to answer complaints in Writing and substantiated within 14 (fourteen) days after receipt. If Jara Jewelry expects a response will take longer, she will indicate this as soon as possible. 
10. Customer enables Jara Jewelry in any case 4 (four) weeks to jointly resolve a complaint. After this period, the complaint is subject to dispute resolution. 
11. If the complaint is declared well-founded, Customer is entitled to repairment, replacement (redelivery) or to refrain from redelivery. Minor deviations, deviations customary in the industry and properties that are specific to the product or brand concerned, such as quality, number, size, color or finish, cannot be charged to Jara Jewelry. 
12. During handling a complaint, no refund will be made to Customer. In the case of an order with multiple Products, the complaint with regard to one of those Products does not affect the obligations under the Agreement with regard to the other Products.  

Article 6: Delivery 

Delivery

1. Delivery of the Products takes place after full payment of Customer, within the delivery period stated on the Website, with the delivery service made available by Jara Jewelry and within the conditions and rates associated with this service. 
2. The address which the Customer has provided to Jara Jewelry via the Website will be mentioned as place of delivery. Reference is made to Article 8 paragraph 2 of these Terms and Conditions.
3. Jara Jewelry is entitled:

• to engage third parties for the fullfillment of her obligations under the Agreement. The necessary care will be taken in this regard. Jara Jewelry is not liable for any shortcomings of these third parties;
• to deliver the order in stages, if necessary.

4. Jara Jewelry strives to deliver the Products within the delivery period as stated on the Website. However, this period is indicative and may never be interpreted as a strict deadline. There is no right to dissolution or compensation for the Customer in case of mere exceeding. Jara Jewelry will contact the Customer to determine the delivery date in consultation and the Customer will allow Jara Jewelry a reasonable period of time to deliver the Products. 
5. Jara Jewelry will provide the following information in Writing to the Customer no later than at the conclusion of the Agreement: price of the Product and the additional shipping costs, method of payment, Jara Jewelry contact details and complaints procedure, eventual possibility of withdrawal and the necessary information and, if applicable, return instructions. 
6. The moment Jara Jewelry transfers the Products to the delivery service or Customer, the risk of damage and/or loss of the Products transfers to Customer, whereby Jara Jewelry's responsibility will lapse.
7. If Customer refuses to accept the Product upon delivery by or on behalf of Jara Jewelry, Jara Jewelry is entitled to store the Product at the expense and risk of the Customer. 

Presale

8. Jara Jewelry may offer and sell its Products as "pre-sale". In a pre-sale, the Customer agrees to already buy and pay for the Product but that delivery shall take place later. The Customer therefore secures the right to acquire and deliver the Product. Payment is made immediately upon conclusion of the Agreement, just as a regular purchases as referred to in Article 4 of these terms and conditions. However, the time of delivery differs. The expected time of delivery and possible deviating delivery conditions will be communicated to Customer in the order confirmation. The Customer will also be informed of the exact delivery date prior to delivery. The withdrawal period starts at the moment of receipt of the Product by the Customer.
   

Article 7: Pricing and payment 

1. The Agreement is realized based on a binding and fixed price indicated in Euros.  
2. Unless explicitly stated otherwise in Writing, all prices and rates are including VAT and exclusive of shippings costs, special or additional import duties, clearance duties and other government-imposed taxes. 
3. Jara Jewelry is entitled to adjust the prices and rates for promotional purposes such as sale. Customer can not combine promotions; only one promotion per Product is allowed. A price change after the conclusion of the Agreement gives no right to dissolution nor compensation to Customer.
4. Prices and other conditions stated only relate to that specific Product and therefore do not automatically apply to a new Offer.
5. Shipping costs depend on the country to which the shipment will be made. Based upon the request of the Customer they will be calculated and stated before realization of the Agreement and before payment.
6. Any export or import duties will be borne by the Customer. Costs charged by third parties are not part of Jara Jewelry's prices and services.
7. Sales tax is not applicable for sales to Customers outside the European Union (EU). Customer has to pay the relevant national import duties.
8. Payment must be made net to Jara Jewelry's bank account, without any discount, deduction or settlement and is made according to the payment methods mentioned on the Website. As soon as the Customer has clicked on "place order" and has specified his/her bank, Customer will be directed to the banking environment where the payment takes place.
   

Article 8: Liability

1. At all times Jara Jewelry and Customer will do their utmost to find a solution in consultation.
2. Jara Jewelry will do her utmost and makes every effort to perform the Agreement to the best of her knowledge, ability and beliefs. This will be a means-based obligation (i.e. obligations to use reasonable efforts to perform the services) and not results-based. In case of an attributable shortcoming in the performance (non-performance), Jara Jewelry is liable for direct damage including but not limited to replacement or processing costs, if this damage is the result of intent or gross guilt or recklessness of Jara Jewelry. 
3. Jara Jewelry is not liable for damage caused by incorrect, overdue or incomplete information sent (online) by the Customer.
4. The maximum compensation on the part of Jara Jewelry is reimbursement of the agreed price of the specific Product. The amount of the compensation will be determined based on the extent to which the shortcoming is attributable to Jara Jewelry. A minor deviation cannot lead to compensation. Jara Jewelry never covers more than the amount that her business liability insurance reimburses and pays for.
5. Direct or indirect damage resulting from entering into, maintaining and/or handling transactions and agreements between Customer and its (third) contracting parties is never the responsibility of Jara Jewelry. Damage must be reported to Jara Jewelry in Writing immediately after it occurs. 
6. All claims from Customer become barred after 12 (twelve) months has elapsed from the time of their origination. 
7. Provisions in this Article do not apply if the damage was caused by intent, gross negligence or recklessness on the part of the Customer.

Article 9: Force Majeure 

1. If Jara Jewelry is temporarily or permanently prevented from (further) executing the Agreement due to force majeure, regardless of whether the force majeure was foreseen, Jara Jewelry and the Customer do not have to fulfill the obligations of the Agreement in time. 
2. Force majeure includes; non-attributable shortcoming of one of the parties as well as third parties or suppliers engaged by Jara Jewelry, pandemic, epidemic, governmental measures in force, Jara Jewelry disease, the temporary unavailability or insufficient availability of equipment or other telecommunication connections that have proved necessary for the delivery of the Products, riots, war, as well as any other situation over which Jara Jewelry and Customer cannot exercise decisive control.
3. Force majeure also includes:

• the situation in which the suppliers on which Jara Jewelry depends to (timely) execute the Agreement do not deliver (on time) or otherwise fail to fulfill their contractual obligations towards Jara Jewelry;
• delay, seizure or destruction by customs.  

4. In case of illness of Jara Jewelry, Customer will be informed immediately. In consultation with Customer, a new delivery date will be agreed upon. 
5. Parties will inform each other in Writing of a situation of force majeure as soon as possible. If possible, the parties jointly will try to find a solution.
6. If a situation of force majeure lasts longer than 14 (fourteen) days, both Jara Jewelry and the Customer can suspend or dissolve the Agreement, , whereby the paid amount will be refunded. The other provisions of these Terms and Conditions remain in force. 
7. Damage suffered as a result of force majeure is not at the expense and risk of Jara Jewelry. 
   

Article 10: Intellectual Property

1. Copyrights or any other (intellectual) property rights to the format and content of the Website, the Jara Jewelry Logo, concepts, creations, works, proposals, expressions on the internet, e-mails, techniques, other documents and information or any other expressions of, on behalf of or by Jara Jewelry are vested in Jara Jewelry. 
2. Copyrights or any other Intellectual property rights on Products delivered to the Customer are vested in Jara Jewelry and/or her licensors and other third parties. 
3. he intellectual property rights, copyrights and (sub) licenses referred to in paragraph 1 and 2 cannot be transferred by agreement, unless agreed otherwise in Writing.
4. Without prior Written permission from Jara Jewelry, it is not permitted to edit, resell, reproduce or disclose any concept, material or information supplied by Jara Jewelry to the Client, in whole or in part, or to make it available to third parties in any way or means, or to be made available to third parties for inspection, whether or not for a fee. It is not permitted to remove or change any indication regarding rights from information provided by Jara Jewelry. If you wish to resell our Products, you can contact us via info@jarajewelry.nl
5. Any use of a Work or Product that is not agreed upon will be considered an infringement of Jara Jewelry's copyright. Violation of the copyright or any other intellectual property right as described in the previous provisions of Jara Jewelry by the Customer or a third party acting directly or indirectly in the exercise of the Agreement will immediately lead to a fine of at least EUR 1,000.00 being paid to Jara Jewelry. Customer also compensates Jara Jewelry for the actual damage suffered. 
6. Customer indemnifies Jara Jewelry and protects Jara Jewelry against any and all claims that third parties under the law could make within and out of court that are related to the provisions of this Article. Customer also indemnifies Jara Jewelry with regard to all damage suffered or to be suffered thereby or in connection therewith in whatever form. 
7. Jara Jewelry may grant permission to distribute her Work or Products. A Customer may share screenshots from the Products on social media. Customer makes sure to comply with the following: 

1. Jara Jewelry’s name, hashtag (HASHTAG) ánd account-name as mentioned on the relevant social media should be clearly stated or be included in the publication;
2. Name, hashtags and account-name of relevant suppliers should be mentioned on relevant social media or be included in any publication;
3. Jara Jewelry can repost the screenshot;
4. Customer will at all times observe the personality rights of Jara Jewelry in accordance with Article 25 Aw.
   

Article 11: right of withdrawal

Right of withdrawal

1. The statutory right of withdrawal offers the Client the option to withdraw from the Agreement within 14 (fourteen) days upon receipt of the Product (hereinafter ‘cooling-off period’), free of charge and without stating reasons. Customer has this right unless one of the statutory grounds for exception applies. One of those grounds for exception concerns health protection and hygiene. Products that cannot be taken back after opening due to hygienic or health risks may be excluded from withdrawal.

Method of withdrawal

2. Withdrawal is effected by doing the following within the cooling-off period:

• sending the withdrawal form to info@jarajewelry.nl or;
• sending an e-mail to info@jarajewelry.nl in which the Customer explicitly indicates that he / she wishes to withdraw.

3. Upon receipt of the withdrawal referred to in paragraph 3, Jara Jewelry will immediately send the Customer a receipt, the return instructions, including the return address and packaging method. 

Obligations of the Client 

4. Within 14 (fourteen) days after the notification as referred to in paragraph 3, Customer returns the Product to Jara Jewelry. This can be done by post.
5. Customer ensures that the Products can and will not be damaged during transport 
6. Customer ensures that the product will be returned and received by Jara Jewelry being clean, undamaged, in its original condition and packaging, complete and including all associated parts.
7. Customer ensures that the product will be returned and received by Jara Jewelry being clean, undamaged, in its original condition and packaging, complete and including all associated parts. During the cooling-off period, Customer must handle the Products and packaging with care. Unpacking, assessing and using is only allowed to the extent necessary to determine the nature, characteristics and functioning of a Product. The way in which the Customer would do this in a fysical store is leading. 
8. If returned Products are not treated or returned in accordance with the previous paragraphs, the depreciation that has arisen as a result, can be deducted from the fee to be refunded by Jara Jewelry to the Customer. 
9. The risk and thus the burden of proof of the correct execution of the right of withdrawal lies with the Customer.

Cost

10. The costs for returning the Products will be borne by the Customer.
11. Jara Jewelry will reimburse the costs of the returned products to the Customer within 14 (fourteen) days after Jara Jewelry has received the notification of withdrawal from the Customer as referred to in paragraph 3. Jara Jewelry has the right to wait with a refund until she has received the returned Products or when the Customer has demonstrated that the Products have been returned. 
12. For reimbursement, Jara Jewelry uses the same payment method as the Customer used when purchasing the Product, unless Customer chooses a different payment method. This reimbursement is free of charge. 
13. Costs for a more expensive delivery than a standard delivery will be borne by Customer.  

Article 12: Privacy and Cookies 

1. Jara Jewelry processes personal data obtained in the context of the execution of the Agreement in strict confidence and in accordance with the applicable laws and regulations, in particular the GDPR as can be found in the Privacy and Cookie policy of Jara Jewelry. The customer declares to have taken note of the policy and to agree with it. 
2. Jara Jewelry uses high-quality security techniques and encryption of the personal data. In case of negative interventions outside the influence of Jara Jewelry, reference is made to Article 9 of these Terms and Conditions.
3. Jara Jewelry does not accept any liability for any damage caused by the Customer's actions in violation of this article.
   

Article 13: Websit

1. At all times Jara Jewelry is entitled to adjust the Website in terms of content, layout and further necessities at the discretion of Jara Jewelry. 
2. Jara Jewelry strives to ensure that the Website functions properly at all times. Jara Jewelry also strives to make it permanently accessible to the Customer but cannot guarantee that the Website will function without restrictions or malfunctions at any given time, due to necessary maintenance and the fact that the functionality of the Website depends on Internet and technologies. If not, please call the number on our Website or sen dan e-mail to info@jarajewelry.nl.
3. Jara Jewelry does not accept any liability or responsibility with regard to any damage arising from or related to the use of the Website and the content thereon. Direct or indirect damage as a result of third-party programming, viruses and hackers that can lead to the modification, destruction, distortion, deactivation or inactivation of software, hardware and/or data of the Customer, Visitor or third parties is and never will be the responsibility of Jara Jewelry.

Article 14: Applicable law

1. The agreement between Jara Jewelry and Customer is exclusively governed by Dutch law, unless the parties agree otherwise in writing in advance.
2. Any disputes arisen between Jara Jewelry and Customer that cannot be settled amicably will be submitted to the competent Court, rechtbank Rotterdam. In case of differences in interpretation between the English and Dutch versions of these Terms and Conditions, the original Dutch version shall prevail.