Terms and conditions
For all orders placed on www.perlentrends.de the following General Terms and Conditions apply:
Article 1 Application
1.1 These General Terms apply to all offers made by Beads.Place B.V. , referred to below as "Perlentrends" and all agreements with Perlentrends as far as parties have not explicitly agreed in written statement that these General Terms do not apply.
1.2 Customers who wish to use their own terms and conditions must have Perlentrends’s explicit agreement in writing.
1.3 Deviations of the General Terms are only applicable if these have been agreed upon in a written statement in which case all other articles of these General Terms remain applicable without change.
1.4 When accepting an offer or placing an order the Customer accepts the applicability of these General Terms.
1.5 A Customer is defined as each visitor to the website or any person or legal entity having a contractual relation or intending to having a contractual relation with Perlentrends.
1.6 By using Perlentrends's internet site and/or placing an order the Customer accepts these General Terms as well as all other legal rights and obligations as printed on the internet site.
1.7 Perlentrends is entitled to update or append to these General Terms over time.
1.8 Perlentrends is authorized to make use of intermediaries and other third parties while executing the agreement with a Customer. In such cases these General Terms are applicable as well without change.
Article 2 Offers/agreements
2.1 All offers made by Perlentrends are without obligation and as far as items are in stock.
2.2 Perlentrends explicitly has the right to update prices, in particular when this is required by law/legal.
2.3 Information, graphics, images, oral announcements, given by telephone or via email as well as statements et cetera with regards to all offers and the most important characteristics of products are displayed or made in the most accurate manner. However, Perlentrends does not guarantee that all offers and products comply to the given information et cetera completely. Deviations in principle cannot lead to compensation and/or cancellation.
2.4 An agreement is reached when an order confirmation has been sent to the Customer based on the Customers' order information via email to the email address as supplied by the Customer. The Customer and Perlentrends agree explicitly that using electronic means of communication results in a valid agreement as soon as the order confirmation has been sent to the Customer. Perlentrends's electronic archives are considered legally acceptable valid evidence or indication of evidence.
Article 3 Prices and payments
3.1 All prices quoted by Perlentrends are in Euros, including VAT and excluding shipment costs and administration fees, unless explicitly stated otherwise or agreed upon in a written statement.
3.2 Shipment costs and administration fees are listed on the internet site. These costs and fees are dependent on the value of the order measure of payment and the requested shipping method.
3.3 Special offers are only valid during the period quoted on the internet site with respect to that specific offer.
3.4 Perlentrends offers the Customer the opportunity to insure goods to be shipped. The insurance costs are charged to the Customer and are listed on the internet site.
3.5 Perlentrends cannot be held responsible for offers which contain what a reasonable person would consider obvious mistakes or typographical errors.
3.6 Special Offers do not automatically apply to repeat orders.
3.7 The amount due on orders may be paid in one of the following ways:
the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to IBAN bank account NL60KNAB0604713703 in the name of Quality Beads. – Perlentrends in Enschede, The Netherlands. The BIC code of the bank is KNABNL2H
the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to the Paypal account of Perlentrends.
The Customer pays the amount due including shipment costs, administration fees and insurance costs in advance by one of the offered payment options : GiroPay, IDEAL, Sofort Banking, Mistercash.
3.8 Agreements for which any due payment has not been received by Perlentrends after four weeks of the initial order date, will automatically be cancelled.
Article 4 Delivery
4.1 Perlentrends holds most items in stock. Orders are usually shipped as soon as possible upon receiving the complete payment. Orders placed and paid before 16:00 PM are usually shipped the same day. The aforementioned shipping period is strictly indicative and is not guaranteed. If this shipping period is exceeded, the Customer is not entitled to any claim for compensation nor does the Customer have the right to cancel the agreement in such case, unless the delay is of such duration that the Customer could reasonably not be expected to keep the agreement. In such cases the Customer is entitled to cancel the order or dissolve the agreement as far as this is necessary. Amounts that have been prepaid to Perlentrends with regards to the cancelled order will be returned.
4.2 If the Customer orders an item that is temporarily out of stock, Perlentrends will indicate when the specific item will become available. Delays will be reported to the Customer via email or phone.
4.3 The order is shipped to the shipping address as supplied by the Customer when the agreement is completed.
4.4 The customer has the right to terminate the contract without charge if the delivery exceeds 30 days.
Article 5 Ownership
5.1 The ownership of products is passed to the Customer when they have fulfilled their obligations with regard to the agreement. The risk with regard to the products is passed to the Customer at the moment Perlentrends places the products at the disposal of the delivering party. Perlentrends offers the facility to ship the goods insured. The insurance costs are listed on the internet site and will be charged to the Customer. Any return shipments to Perlentrends is at the risk and costs of the Customer and must be accompanied by a written statement explaining the reasons of the return.
Article 6 Return of products
6.1 The Customer is obliged to thoroughly check upon delivery whether the products meet the agreement. The Customer must take into account small size and colour differences of the products compared to those displayed on the internet site. If a product does not satisfy the agreement, the Customer must inform Perlentrends in writing as soon as possible, but in any case within fourteen (14) working days after delivery, or as soon as checking could reasonably be performed.
6.2 If it is evident products do not meet the agreement, Perlentrends has the option to replace the specific products upon their receipt by new products or return the invoiced value of the returned products.
6.3 If the Customer does not wish to keep a product for any reason, the Customer is entitled to return the product to Perlentrends within fourteen (14) days after delivery took place. In this case return shipments are only accepted if the products are not damaged or used.
6.4 If the Customer uses his/her right to return articles as mentioned in the above paragraph, Perlentrends will repay the amount the Customer paid to Perlentrends within fourteen (14) days after receiving the return shipment.
6.5 The Customer is responsible for the costs of the shipment and holds the risk of returning products until Perlentrends has received them.
Article 7 Guarantee and liability
7.1 Perlentrends offers a three month guarantee on all purchased articles. This guarantee does not apply if damage is due to normal wear and tear as well as in any of the following cases: inexpert use, malice or gross inattention, water damage, freezing and spoiling.
7.2 Perlentrends can never be obliged to pay any compensation to the Customer or third party, unless it is a question of malice or major fault on Perlentrends’s part. Perlentrends may never be held responsible for collateral damage, damage to business, indirect damage and loss of profit or turnover.
7.3 If Perlentrends is obliged for any reason to make good any damage the compensation is never more than the amount on the invoice for the product or service that caused the damage.
7.4 On its internet site Perlentrends offers links to other internet sites that may be interesting or informative for its visitors. These links are purely informative. Perlentrends is not responsible for the contents of the referenced internet site or the use of it.
Article 8 Force majeure
8.1 In case of force majeure Perlentrends is not obliged to honour its obligations to the Customer or the obligation is held up for as long as the force majeure lasts.
8.2 Force majeure is any circumstance Perlentrends has no control over, preventing Perlentrends from honouring its obligations towards the Customer fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the internet site at any time are also understood by Force majeure.
Article 9 Intellectual property
9.1 The Customer recognizes explicitly that all right of intellectual property of the reported information, graphics, announcements or other expressions regarding the products, the inspiration and the internet site in general are vested in Perlentrends, its suppliers or other rightful claimants.
9.2 Intellectual property includes patents, copyright, trademarks, graphical and modeling rights and other (intellectual property) rights, including technical and/or commercial know how, methods and design, both charterable and not charterable.
9.3 It is prohibited to use, including making adaptations, intellectual property rights as described in this article, such as duplication, without the explicit preceding written permission of Perlentrends, her suppliers or other rightful claimants, unless the use is purely personal in relation to the product itself.
Article 10 Privacy
10.1 All data provided by the Customer, is strictly confidential and will be used for the following purposes:
processing the order, the payment of the order and delivery to the provided delivery address
advancing the user friendliness of the internet site
facilitating personal offers and providing relevant information or newsletters
10.2 Perlentrends observes the applicable privacy rules and laws.
10.3 Perlentrends does not provide customer data to third parties.
Article 11 Applicable law and competent court
11.1 The applicability of The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly disqualified.
11.2 Dutch law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply as well as these General Terms and Conditions.
11.3 All disputes between parties will be exclusively propounded to the competent court in the Netherlands.
Article 12 Various
12.1 Perlentrends has its seat at Borstelweg 3-A 7545MR Enschede, The Netherlands and is registered at the Chamber of Commerce , registration number 70814589. The VAT-identification number is NL858470391B01
12.2 All correspondence should be addressed to Perlentrends, Borstelweg 3-A 7545MR Enschede, The Netherlands or to the email address on the internet site.
12.3 When Perlentrends has permitted departures for a short or longer period of time, tacitly or not, it does not affect its right to require direct and strict fulfilment of these General Terms and Conditions. The Customer does not have any claim based on the fact Perlentrends has flexibly applied these General Terms and Conditions.
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