GENERAL TERMS AND CONDITIONS OF DELIVERY AND SALE (CONSUMERS)
What Els Goldsmithing
These terms and conditions apply to agreements with consumers within the meaning of Article
6:230g of the Dutch Civil Code.
Article 1. Definitions
For the purposes of these terms and conditions, the following definitions apply:
What Els Goldsmithing
What Els Goldsmithing, acting in the course of its business as a goldsmithing and precious metals
business.
Client
The natural person who is not acting in the course of a profession or business and who enters into
an agreement with What Els Goldsmithing.
Quotation
A non-binding offer issued by What Els Goldsmithing.
Commission
The Client’s request for the design and/or manufacture of a product.
Order Confirmation
The written confirmation of the Commission by What Els Goldsmithing.
Product
The item of jewellery or other movable item designed and/or manufactured by What Els
Goldsmithing.
Design
final Product.
Drawings, sketches, models and other visual or material elaborations that serve as the basis for the
Article 2. Applicability
2.1 These terms and conditions apply to all quotations, agreements and work performed by What
Els Goldsmithing for consumers.
2.2 Any deviations from these terms and conditions shall only be valid if agreed in writing.
Article 3. Formation of the Agreement
3.1 Quotations are non-binding and are valid for the period stated therein.
3.2 The agreement is formed as soon as the Client accepts the Quotation or Order Confirmation in
writing, or as soon as What Els Goldsmithing begins performance of the agreement with the
Client’s consent.
Article 4. Design and Acceptance
4.1 Before manufacture begins, the Client shall receive a Design for review.
4.2 Manufacture shall only commence after the Client has expressly approved the Design.
4.3 Minor adjustments to the Design may be made by mutual consultation, provided that actual
production has not yet started. Adjustments may affect the price and delivery time.
4.4 After approval of the Design and commencement of production, changes shall only be possible
if they are reasonably feasible and subject to payment of the resulting costs.
Article 5. Right of Withdrawal and Custom-Made Products
5.1 Pursuant to Article 6:230p, subsection f, of the Dutch Civil Code, the right of withdrawal is
excluded for Products that are manufactured according to the Client’s specifications and that are
clearly personalised in nature, meaning custom-made Products.
5.2 By accepting the Order Confirmation, the Client expressly declares that they have been
informed of, and agree to, the exclusion of the right of withdrawal for custom-made Products.
Article 6. Cancellation Before Start of Production
6.1 If the Client cancels the agreement before production has commenced, What Els Goldsmithing
shall be entitled to charge the actual costs incurred for design and preparation, subject to a
minimum amount of €175.
6.2 Cancellation after production has commenced is not possible, unless What Els Goldsmithing
agrees to this in writing.
Article 7. Use of the Client’s Own Precious Metal
7.1 If the Client supplies their own gold or other precious metal, this shall be at the Client’s own
risk.
7.2 What Els Goldsmithing cannot guarantee the exact yield, composition, quality or suitability of
the supplied material.7.3 Loss, wear or reduction of material during the processing stage is inherent to precious
metalworking and shall not constitute a failure to perform.
Article 8. Emotional Value
8.1 The Client acknowledges that the Product may have personal or emotional significance.
8.2 Such emotional value does not form part of the agreement and cannot give rise to any additional
liability or compensation.
Article 9. Delivery
9.1 Stated delivery times are indicative. Delivery shall in any event take place within 30 days,
unless otherwise agreed.
9.2 Any delay caused by circumstances attributable to the Client or by force majeure shall extend
the delivery period.
Article 10. Prices and Payment
10.1 All prices include VAT.
10.2 Payment must be made within 14 days of the invoice date, unless otherwise agreed.
10.3 In the event of late payment, the Client shall owe statutory interest.
10.4 Collection costs shall be calculated in accordance with the Dutch Decree on Compensation for
Extrajudicial Collection Costs.
Article 11. Warranty and Conformity
11.1 What Els Goldsmithing warrants that the Product conforms to the agreement and to the
reasonable expectations that the Client may have of it.
11.2 Wear, discolouration and signs of use that are inherent to the normal use of jewellery shall not
constitute a defect.
Article 12. Complaints
12.1 The Client must report defects in writing within a reasonable period after discovery, and in any
event no later than within two months.
Article 13. Liability
13.1 The liability of What Els Goldsmithing is limited to direct loss or damage and shall not exceed
the invoice amount of the agreement.
13.2 This limitation shall not apply in the event of intent or gross negligence.
Article 14. Force Majeure
14.1 In the event of force majeure, obligations shall be suspended.
14.2 If the force majeure situation continues for more than two months, either party may terminate
the agreement.
Article 15. Intellectual Property
15.1 All Designs and models remain the property of What Els Goldsmithing.
Article 16. Governing Law
16.1 These terms and conditions and all agreements shall be governed by Dutch law.
Article 17. Final Provision
17.1 If any provision is void or invalid, the remaining provisions shall remain in full force and
effect.