Aeneral Conditions VGZ
Terms and conditions of the
Dutch Jewelers and Watch Industry
and the Gold and Silversmiths Association
AV CZ / 105
These General Terms and Conditions of NJU / VGZ have been established in consultation with the
Consumers' Association in the context of the SER Coordination Group Self-regulation Consultation
and entered into force on April 1, 2011.
ARTICLE 1 - Definitions 3
ARTICLE 2 - Applicability 3
General
ARTICLE 3 - The offer 3
ARTICLE 4 - The price 3
ARTICLE 5 - The Agreement 4
ARTICLE 6 - Payment 4
ARTICLE 7 - Delivery and delivery time 4
ARTICLE 8 - Retention of title and transfer 4
ARTICLE 9 - Conformity 4
ARTICLE 10 - Guarantees 4
ARTICLE 11 - Non-compliance with the Agreement 5
ARTICLE 12 - Late payment and establishment of security 5
ARTICLE 13 - Liability 6
Distance Agreement
ARTICLE 14 - Additional provisions to a Distance Agreement 6
Repair, maintenance, design and manufacture
ARTICLE 15 - Additional provisions for repair, maintenance, design and
manufacture 7
ARTICLE 16 - Intellectual property 8
Complaints and disputes
ARTICLE 17 - Complaints 8
ARTICLE 18 - Dispute settlement 8
ARTICLE 19 - Compliance guarantee 9
Final provisions
ARTICLE 20 - Derogation 9
ARTICLE 21 - Amendments 9
ARTICLE 22 - Corresponding application to non-Consumers 10
ARTICLE 1 - Definitions
In these General Terms and Conditions the following terms have the following meanings:
Consumer: natural person who is not acting in the exercise of
a profession or company and who enters into an Agreement
in relation to a Product;
Entrepreneur: natural or legal person who, as a member of NJU / VGZ, has a
makes an offer or concludes an Agreement regarding a
Product;
Agreement: agreement between the Entrepreneur and the
Consumer regarding an Agreement of purchase / sale,
assignment and / or contracting of work;
Remote Agreement: an Agreement that has been concluded via a by
the Entrepreneur organized system, where
only use has been made of techniques for this
remote communication;
Product: jewelery, gold and silver works, timepieces,
gemstones and related articles as well as repair,
design, manufacture and valuation of said
goods.
ARTICLE 2 - Applicability
These General Terms and Conditions apply to every offer made and
all Agreements that are concluded between the Entrepreneur and the Consumer.
General
ARTICLE 3 - The offer
1. The offer of the Entrepreneur is preferably in writing or electronically
issued and - if a term for acceptance has been set - is in effect
during the specified period.
2. The offer will in any case include:
a.the description of the Product with any accessories;
b. the price of the Product with the indication whether the price is fixed or non-fixed
agreed price;
c. the delivery date and whether this date is a fixed or probable
delivery date is.
ARTICLE 4 - The price
1. The price that the Consumer must pay is agreed in advance, unless
parties explicitly agree otherwise. If a non-fixed price is
agreed, the Entrepreneur will indicate as accurately as possible of which
factors the height of the price will depend.
2. If within three months after the conclusion of the Agreement, but before the
delivery, with regard to a price that has been agreed as a change
occurs, this change will not affect the agreed price. The
Consumer is entitled to terminate the Agreement within three months
after the conclusion of the Agreement, but before delivery the price becomes
increased.
3. The second paragraph does not apply to price changes arising from the law
arise.
ARTICLE 5 - The Agreement
1. The Agreement is concluded by accepting the offer of the
Entrepreneur.
2. The acceptance of the offer by the Consumer is only valid if this is the case
takes place within the set term. As long as the receipt of one
electronic acceptance has not been confirmed by the Entrepreneur, the
Consumer dissolve the agreement.
3. The Agreement should preferably be in writing or electronically
recorded. A copy of a written Agreement must be sent to the
Consumer to be provided. The lack of a written or
electronically recorded Agreement, however, does not make this Agreement
void.
ARTICLE 6 - Payment
1. Payment is made in cash on delivery, unless otherwise agreed.
2. If payment in installments has been agreed, the Consumer must pay in accordance with
the terms and percentages as set in the Agreement.
3. In the event of a purchase, the Entrepreneur has the right to the Consumer to pay ten in advance
a maximum of 30 percent of the price.
ARTICLE 7 - Delivery and delivery time
1. Delivery takes place by placing the Product in the possession of the Consumer.
2. Delivery time is understood to mean the term agreed in the Agreement.
Parties can agree on a fixed or probable delivery time.
3. If the probable delivery time is exceeded, the Entrepreneur will still receive one
specified term to deliver. This new delivery time is a maximum of 50%
of the expected delivery time, unless the Consumer does not reasonably agree
this new delivery time can be kept or parties (preferably in writing)
otherwise match.
4. If this new delivery time is exceeded, or the fixed one
agreed delivery time, the Consumer - while retaining his right to
performance - the right without notice of default or judicial intervention the
To dissolve the agreement and / or to demand compensation.
ARTICLE 8 - Retention of title and transfer
The Entrepreneur remains the owner of the Product as long as the Consumer does not have it in full
fulfilled his payment obligations, including what he is in connection with
failure to meet his obligations should become due (in accordance with Article 12
paragraph 2 of these general terms and conditions).
ARTICLE 9 - Conformity
1. The Entrepreneur guarantees that the delivered Product complies with the
Agreement (conformity). The Entrepreneur also guarantees that the
Product that has properties that take all circumstances into account
are necessary for normal use, as well as for a special
use insofar as agreed.
2. The Entrepreneur guarantees that the activities performed by him
comply with the Agreement and are executed with good
craftsmanship and using reliable material.
3. Minimal deviations with regard to design, sample and model are allowed by the Entrepreneur
not be invoked.
ARTICLE 10 - Guarantees
1. The Entrepreneur guarantees in the event of purchase / sale and manufacture of
jewelry for a period of six months the absence of defects
that reveal themselves after delivery. In the event of repairs, the
Entrepreneur for a period of three months the absence of
defects, unless otherwise agreed in writing, insofar as they relate
on the parts repaired / replaced by him. The consumer
is entitled to free replacement of defective parts within reasonable limits
time. In addition, the Consumer is entitled to free repair, compensation,
price reduction and dissolution of the Agreement as based on him
of the law.
2. The Entrepreneur does not guarantee defects that occur after delivery of the Products
arose as a result of improper use or lack of care
on the part of the Consumer, or that are the result of changes that the
Consumer or third parties have attached to the Product. Nor does the
Entrepreneur for any damage as a result of these defects.
3. The Consumer fully retains his statutory warranty rights, regardless of what is stated in
paragraphs 1 and 2 have been determined regarding the trade guarantee issued by the Entrepreneur.
ARTICLE 11 - Non-compliance with the Agreement
1. If one of the parties fails to fulfill an obligation under the Agreement, the
the other party suspend the fulfillment of the corresponding obligation.
In case of partial or inadequate performance, suspension is only permitted,
insofar as the shortcoming justifies it.
2. The Entrepreneur has the right of retention (right of retention), if the
Consumer fails to fulfill a due and payable obligation, unless
the shortcoming does not justify this retention.
3. If one of the parties does not comply with the Agreement, the other party is authorized
to dissolve the Agreement, unless the shortcoming is minor in view of it
meaning does not justify dissolution.
ARTICLE 12 - Late payment and provision of security
1. The Consumer is in default from the expiry of the payment date. The
After the expiry of that date, the entrepreneur will send a payment reminder and
gives the Consumer the opportunity within 14 days of receipt of this
payment reminder.
2. If after the expiry of the period set in the payment reminder still
is still not paid, the Entrepreneur is entitled to the statutory interest
from the expiry of the payment date, as well as the
reasonable collection costs and the costs of insurance and storage of it
concerning Product.
3. The Consumer who hands over a Product to the Entrepreneur for the implementation of a
The Agreement thereby establishes a pledge on this Product in favor of the
Entrepreneur to provide additional security for payment of all that he has to the
Entrepreneur is or will be due.
4. If the Consumer is not complete one year after the expiry of the payment date
to its payment obligations regarding repair, maintenance, design or
production of a Product has satisfied the Entrepreneur, the
Entrepreneur the right to cancel the Agreement and to public sale
of the pledged property, unless the Consumer is within the aforementioned
period has submitted a complaint as described in Article 17. The Entrepreneur
the Consumer,
if and insofar as the address details of the Consumer are known,
twice by registered letter (at intervals of at least three
months) or
b. if and insofar as the address details of the Consumer are not known
or when the first registered letter the Consumer for which
reason has not been reached, via a publication in a national or
regional daily, summons to pay and announce until
to proceed to public sale of the Product in default
remains after the period stated therein has expired.
5. The public sale may be replaced by a private sale,
if the foreseeable costs of public sale will exceed
the estimated proceeds of the Products. If the proceeds from the sale of
the pledged Product will exceed the claims of the Entrepreneur
surplus, if possible, handed over to the Consumer.
ARTICLE 13 - Liability
1. The Entrepreneur is liable to the Consumer for damage caused by the
is the result of a shortcoming attributable to or for the Entrepreneur
his risk comes to persons employed by him, or to persons employed by him
are appointed for the performance of the activities carried out by the Consumer
are commissioned.
2. The amount for which the Entrepreneur is liable by the
Consumer for Products he keeps is limited to € 12,500
per Product or as much more as the contract concluded by the Entrepreneur
liability insurance covers, barring cases where there is
intent, gross negligence or the purchase of a Product.
3. The Entrepreneur points out to the Consumer the limited liability of the
Entrepreneur in the event of repairs and the possibility of additional insurance
unless it is clear that the value of the Product is no higher
than the maximum amount for liability. The Consumer must use the
Inform the entrepreneur as completely as possible about the specifications of the
Product.
4. The Entrepreneur does not have to compensate damage to the Consumer that the
caused by force majeure, such as , inter alia, damage as a result of a robbery,
burglary, shoplifting or fire and / or when the contents or
valuables insurance of the Consumer covers the damage. Any further
payments from non-life insurance policies to the Entrepreneur that pertain to damage
a Product of the Consumer by the Entrepreneur to this Consumer
paid.
5. Emotional and / or immaterial damage will never be paid for
qualification.
6. The Consumer is liable to the Entrepreneur for damage caused by
a shortcoming attributable to him has been caused.
Distance Agreement
ARTICLE 14 - Additional provisions for a distance contract
1. Before the Distance Contract is concluded, the Entrepreneur must cancel
clear and comprehensible manner to the Consumer the following information
provide:
the identity and geographic address of the Entrepreneur;
b. the main features of the Products;
c. the price, including VAT, of the Products;
d. the possible costs of delivery;
e. the method of payment, delivery and execution;
f. whether or not the cooling-off period of 7 working days applies
the Distance Agreement;
g. the term for accepting the offer.
2. In addition to article 5 paragraph 2, the Consumer can accept the distance contract
cancel, as long as the receipt of an electronic acceptance is not
confirmed by the Entrepreneur.
3. The Entrepreneur has a maximum delivery period of 30 days from
the day following the day on which the Consumer placed his order.
If this term is exceeded, the Consumer is entitled to the
To dissolve the distance contract without further notice of default, unless the
delay cannot be attributed to the Entrepreneur. The Consumer and the
Entrepreneurs can agree on a different term.
4. The Consumer has, when, the reflection period on this Distance Contract
applies, the right to distance the Agreement for 7 working days
without giving reasons.
5. If the Products are not available, the Entrepreneur must the Consumer
inform of this as soon as possible and any (down) paid
refund within 30 days, without prejudice to any rights to
compensation. When the Consumer and the Entrepreneur are
agreed that a Product of equal quality and price may be delivered
then the costs of returning are for the account of the Entrepreneur.
This only applies in the event that the Consumer uses the
dissolution during the reflection period. The Entrepreneur will inform the Consumer of this
in a clear and understandable manner.
6. The Entrepreneur will provide notification in good time with the fulfillment and at the latest on delivery
the Consumer the following data:
the information stated under a to mg in paragraph 1 of this article;
b. in writing the requirements for exercising the right to terminate
of the Distance Agreement and any associated
financing during the reflection period of 7 working days, whereby in any case
will be mentioned:
i. the starting time and the duration of the reflection period that the Consumer
be available;
ii. that in case of use of the reflection period, a maximum of the
costs of return shipment and delivery costs borne by the
Consumers come;
iii. the information about the dissolution of the loan if the Consumer
finances the purchase price with a loan from the Entrepreneur or from a
third party on the basis of an Agreement between the Entrepreneur and that
third.
iv. the visiting address of the business location of the Entrepreneur;
v. the details of any warranty and after - sales service;
vi. the requirements for terminating the Agreement if the
Agreement has a duration of more than one year or one
indefinitely.
7. When the Entrepreneur has not complied with his information obligation or data
has not provided in the correct form, the period of the reflection period is
maximum 3 months and 7 working days. When the Entrepreneur in that 3
months after the obligation to provide information starts, the day after he still complies
has complied with that obligation, to run the period of 7 working days.
8. Returns are at the expense and risk of the Consumer. The Entrepreneur is allowed
do not charge any other costs upon termination of the Agreement.
Repair, maintenance, design and manufacture
ARTICLE 15 - Additional provisions for repair, maintenance, design and
manufacture
If there is an Agreement for repair, maintenance, design and
manufacture of Products, the following applies:
1. The Consumer may request a statement before or at the conclusion of the Agreement
of the target price of the work, as well as the period within which the
work will be carried out. The specified price and term are
guidelines, unless the Consumer and the Entrepreneur have a fixed price and / or term
have been agreed.
2. The Entrepreneur is responsible for recording the telephone number and the
address details of the Consumer.
3. The Entrepreneur must contact the Consumer in order to obtain the
to discuss additional costs if:
a. the target price of a Product is more than € 100 and by more than
10% is exceeded or in danger of being exceeded, or
b. the target price of a Product does not exceed € 100 and by more
than € 20 is exceeded or in danger of being exceeded.
4. In that case, the Consumer, if this price increase within three
months after the conclusion of the Agreement, the
To terminate the agreement under compensation of the Entrepreneur for the
work already reasonably performed by him.
5. A specification of the work performed will be provided on request
account issued.
ARTICLE 16 - Intellectual Property
The designs, drawings, drawings produced or provided by an Entrepreneur
calculations, descriptions, models and other items supplied and therefor
eligible performances remain the intellectual property of the Entrepreneur
and / or the designer. Reproduction or disclosure of the aforesaid goods
and / or Products, without the prior consent of the Entrepreneur, is not
Allowed.
Complaints and disputes
ARTICLE 17 - Complaints and mediation arrangement
1. Complaints about the performance of the Agreement must be complete and clear
described, submitted in writing to the Entrepreneur, in good time after the
Consumer discovered the defects. Failure to submit the complaint in time is possible until
result in the Consumer losing his rights in this respect .
2. If the complaint handling by the Entrepreneur has not resulted in one for the
Consumer satisfactory result, the Consumer can choose his complaint
then submit it within 6 weeks of the dispute arising to the
Mediation agency Jewelery and Clockwork, PO Box 904 2270 AX Voorburg, tel.
070 386 62 48) for a mediation attempt or submit his dispute to the
disputes committee (see article 18). If the complaint has been submitted to it
Mediation agency and also the mediation attempt has not led to one before
the Consumer satisfactory result, the Consumer can still dispute his dispute
submit them to the disputes committee within 6 weeks after it emerges that the
mediation attempt did not lead to a solution.
ARTICLE 18 - Dispute settlement
1. Disputes between the Consumer and the Entrepreneur about the establishment or the
execution of Agreements with regard to by this Entrepreneur
delivery or delivered services and / or Products can be done by the Consumer
if brought before the Disputes Committee by the Entrepreneur
Jewelery and Clockworks, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague
(www.degeschillencommissie.nl).
2. A dispute will only be handled by the Disputes Committee,
if the consumer has first submitted his complaint to the entrepreneur and
subsequently submitted it to the mediation office if necessary. A dispute
arises if the complaint of the consumer is not satisfactory by the
entrepreneur and / or through the mediation attempt of the Mediation Office
Jewelry and Clocks has been resolved.
3. If mediation has not been used, the dispute must be submitted within three months
to be brought before the Disputes Committee after it has arisen
made.
4. When the Consumer files a dispute with the Disputes Committee,
the Entrepreneur is bound by this choice. If the Entrepreneur has a dispute
If he wants to submit it to the Disputes Committee, he must ask the Consumer
to declare whether he agrees to this within five weeks. The
The entrepreneur must also announce that he is after the expiry of the
will consider the aforementioned term free to bring the dispute to court.
5. The Disputes Committee will rule with due observance of the provisions of
the applicable regulations. The decisions of the Disputes Committee
take place pursuant to those regulations by way of binding advice. The regulations
will be sent on request. There is a
fee payable.
6. Only the judge or the aforementioned Disputes Committee is
competent to take cognizance of disputes.
ARTICLE 19 - Compliance guarantee
1. The NJU guarantees that the Entrepreneur, member of the NJU, is binding
complies with the advice within two months after sending it, unless the
At that time, the entrepreneur decides to submit the binding advice for review by the court
to submit. The guarantee of the NJU is revived if it complies with the binding advice
judicial review has been upheld and the judgment showing this in
has gone res judicata.
2. The NJU pays a maximum amount per binding advice to the consumer
€ 10,000 For amounts greater than € 10,000 per binding advice, it will be
maximum amount paid out and the NJU offers the consumer for the
several to transfer his claim to the NJU. The NJU will then press
own name in right to request payment thereof in order to satisfy the
consumer.
3. The NJU does not provide a performance guarantee if, before for the benefit of the in
handling of the dispute by the consumer has been complied with
certain formal intake requirements (payment of complaint money, return completed
and signed questionnaire and possible deposit), of one of the
following situations:
- the member has been granted a moratorium;
- the member has been declared bankrupt;
- the member's business activities have actually been terminated. Determining for this
situation is the date on which the business is discontinued in the Trade Register
registered or an earlier date, of which the NJU can demonstrate
that the business activities have actually been discontinued.
Final provisions
ARTICLE 20 - Derogation
Individual deviations from these General Terms and Conditions must be in writing or
electronically between the Entrepreneur and the Consumer.
ARTICLE 21 - Amendments
The branch organizations NJU / VGZ will only amend these General Terms and Conditions in
consultation with the Consumers' Association.
ARTICLE 22 - Corresponding application to non-Consumers
1. All provisions as included in these General Terms and Conditions are valid
correspondingly applicable to natural and / or legal persons who trade in
the exercise of a profession or business and with the Entrepreneur one
Entering into an agreement regarding a Product, subject to articles 4 paragraph 2,
17, 18 and 19.
2. The provisions as included in these General Terms and Conditions do not apply
applicable to business counterparties. Under business counterpart should be
means a natural or legal person acting in the
exercising a profession or business and in that position the Entrepreneur
supplies and / or
Supplies and / or purchases products for resale and / or delivery
(business-to-business).