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Terms & Conditions



Identity of the Company

·       Nameofthering.com is a trademark of IT IS ART (Registered at the Dutch Chamber of Commerce), Rontgenstraat 7, 3, 1097 GD Amsterdam, The Netherlands

Definitions:

·       Company / We: IT IS ART;

·       Website: All information made available by the Company through one of the following URL: http://www.Nameofthering.com

·       Consumer / You: An individual (not a business) that enters into an agreement with the Company;

·       Destination country: The country in which the shipping address is situated;

·       Business Day: Weekdays, excluding Dutch bank holidays;

·       EU: Europese Unie 


Applicability

·       These terms and conditions apply to any agreement reached at a distance between businesses and consumers and the offer of the Company.

Agreement

·       We recognise the validity of electronic communications, such as (but not limited to) website, live chat and email. The agreement is established when the Consumer accepts the offer. Hereby, the Consumer is required to make immediate payment to the Company.

·       The Company confirms the offer via email. The website clearly states the rights and obligations of a consumer if the offer is accepted:

·       Terms and conditions (this document);

·       Address of the Company;

·       Privacy statement;

·       Prices including applicable taxes;

·       Delivery costs if applicable;

·       Information on after sales service;

·       Manner of delivery, delivery and payment;

Offer and price

·       All prices on the website are presented in Euros, including 21% European Value Added Tax (VAT)

·       The price you will end up paying may differ from the presented price, based on:

·       if VAT is applicable (if the country of destination is outside of the EU, see next chapter)

·       If our prices of increase or decrease after the conclusion of an agreement, before the goods are delivered, the increase or decrease does not apply to this agreement.

·       The website contains detailed descriptions of the goods offered. Images of the goods may be improved using digital means, but provide a true interpretation of the goods.

·       Obvious mistakes or errors in the offer, whereby it may be immediately clear to a consumer that there is a mistake or error, do not bind the Company.

Customs and Duties (Outside E.U.)

·       Prizes on the website are shown including 21% European Value Added Tax (VAT). For destination countries outside the European Union, this VAT will not be charged. The price without European VAT is only shown on the “Checkout” page, after the shipping address of the consumer is known to us.

·       Consumers outside the European Union are regarded by local tax authorities as importers and are obliged to know about the local customs formalities. The Consumer is obliged to pay possible taxes and/or import duties (customs, duties, taxes and/or other costs).

·       Any taxes or duties payable in the destination countries are not recoverable from the Company, even if the product is returned to the Company.

·       The European Union has a free trade agreement (EUR 1) with a number of countries. Consumers in these countries will pay less or no import duties or taxes for goods originating from Member States of the Europe Union. The Company states that these products are of EU origin on the invoice. The countries where no import duties have to be paid are*: Chile, Iceland, Israel, Croatia, Morocco, Mexico, Netherlands Antilles, Norway, Turkey, South Africa and Switzerland.

Payment

·       At the time of acceptance of the agreement, the Consumer agrees to immediate payment.

·       Before the agreed payment is final, the consumer cannot assert any rights regarding the implementation of the order.

·       In case of non-payment by the consumer, the contract is terminated immediately and the consumer is obliged to return any delivered goods immediately. The Company may charge the Consumer with subsequent additional costs.

·       Any inaccuracies in the payment data submitted by the Consumer, must be reported to the Company immediately.

·       Company reserves the right to refuse an order and refund the full purchasing price, including shipping, as soon as possible..


Returns & cancellation

·       In the event of a Cancellation, being the termination of the contract before rings are produced, the Company will refund the full purchasing price, including shipping, as soon as possible, but no later then 10 days after receiving the cancellation.

·       Produced personalised items are typically non-refundable, but in some cases we do offer the opportunity to return a personalised ring:
 

·       In case of a defect or error on our side upon arrival.

·       If you ordered a type ring with 'The Question' and (s)he said 'No'

·       In these above mentioned cases, returning a ring is possible up to 30 calendar days after the purchase:
 

·       During this period, use this product and packaging only to the extent necessary to assess whether or not you want to keep or return the product.

·       Defects will be repaired free of charge. In some cases, we might replace your ring. Because this is a handmade product, the replacement might vary from the original.

·       Clear and reasonable instructions should be followed. Via “My Account”, these instructions are available online.

·       Returning a ring anyway (leniency regime):

·       We understand that in some cases, you may want to return a ring, but when you return a ring with us, we are unable to re-sell your personalised ring. To cover the costs, we will have to subtract a part of the purchase price: €99 excluding VAT. 

·       Returning a ring within our lenience regime is possible up to 30 calendar days after the purchase:
 

·       During this period, use this product and packaging only to the extent necessary to assess whether or not you want to keep or return the product.

·       Clear and reasonable instructions should be followed. Via “My Account”, these instructions are available online.

·       The risk of loss and/or damage to goods returned up to the moment of delivery to the Company lies with the consumer. To reduce these risks please use a secure and certified shipping method. Any associated costs are borne by the consumer and can not be recovered.

·       If eligible, Refunds will be transferred by the Company as soon as possible, but no later then 10 days after receiving the returned goods.


Delivery and implementation

·       The Company will seek to produce complete orders within 12 business days. In case of delays or if an order cannot or can only partially be produced, the Consumer receives notice no later than 8 business days after the order was placed. In that case, a Consumer has the right to terminate the order without cost.

·       The Company delivers the goods DDU (Delivered Duty Unpaid) according to the international purchasing standard Incoterms 2000. The risk of loss and/or damage to goods until the time of delivery to the consumer, lies with the Company. If a product does not arrive, the consumer should issue a declaration stating that the product is missing. The Company will order a replacement within 12 business days after receiving this declaration.

Warranty

·       Consumers are entitled to a guarantee of one year after purchase. In the event of a defect upon arrival, the Consumer must submit a full and clear description of the damage to the Company within a reasonable time. The defect will be repaired free of charge. Consumers can contact Customer Services, by contacting Jelleakkerman@Nameofthering.com

Disclaimer

·       We cannot be held responsible for any injuries and/or property damage as a consequence of the use of our product. Please do not wear any jewellery in a potentially dangerous environment.

·       We cannot be held responsible for (the consequences of) allergic reactions to our jewellery. Consumers are supposed to be aware of possible allergic reactions to the metals and alloys used. If the Consumer is not sure about this, they should be tested by a dermatologist.

Changes

Changes in these conditions will take effect after it is properly published on the website. For changes during the term of an offer, the most favorable determination for the Consumer(s) prevail.

Governing Law

Dutch law is applicable to all agreements between the Company and the Consumer.

Last updated April 16, 2013


*This is indicative information, please bear in mind that you still may have to pay taxes, like VAT