Terms of service

General Terms and Conditions of Le.Paul Jewelgarden

Article 1. General Article

Article 2. Offers and Formation of Agreements Article

Article 3. Prices/Price Increases Article

Article 4. Delivery Article

Article 5. Delivery Time Article

Article 6. Right of Withdrawal Article

Article 7. Obligations of the Customer During the Cooling-off Period Article

Article 8. Exercise of the Right of Withdrawal by the Customer and Its Costs Article

Article 9. Obligations of Le.Paul Jewelgarden in case of Withdrawal Article

Article 10. Exclusion of the Right of Withdrawal Article

Article 11. Force Majeure Article

Article 12. Warranty Article

Article 13. Liability

Article 14. Payment

Article 15. Retention of Ownership Article

Article 16. Privacy Article

Article 17. Intellectual Property Rights Article

Article 18. Complaints Procedure

Article 19. Applicable Law and Jurisdiction

Article 20. Amendments

 

Article 1.      General

1.1      The general partnership Le.Paul Jewelgarden (hereinafter referred to as "Le.Paul Jewelgarden"), located in the Netherlands, email: info@lepaul.amsterdam.nl, https://lepaul.amsterdam, VAT number: NL865155641B01, registered in the Trade Register of the Chamber of Commerce under number 89928407.

1.2      These General Terms and Conditions of Le.Paul Jewelgarden apply to all offers, products, orders, agreements, and deliveries of Le.Paul Jewelgarden, unless explicitly deviated from in writing. Le.Paul Jewelgarden makes the General Terms and Conditions available through the website. By placing an order with Le.Paul Jewelgarden, you agree to the General Terms and Conditions. A copy of the  General Terms and Conditions will be provided upon request at any time.

1.3      These General Terms and Conditions also apply when Le.Paul Jewelgarden has to engage third parties to fulfill agreements.

1.4      Unless agreed otherwise in writing, general or specific terms and conditions and/or stipulations of third parties are not acknowledged by Le.Paul Jewelgarden and are herewith explicitly excluded.

1.5      In the event that the General Terms and Conditions and an agreement contain conflicting clauses, the agreement prevails.

1.6      If any part of the terms is void or is annulled, the remaining provisions of the terms will remain in full force, and the parties will be bound to make good faith efforts to establish a valid substitute provision that reflects the original intentions of the parties as closely as possible.

Article 2.      Offers and Formation of Agreements

2.1      All offers are non-binding unless explicitly stated otherwise by Le.Paul Jewelgarden.

2.2      Agreements for the delivery of products are only binding for Le.Paul Jewelgarden after written confirmation or placing an order through the website. Le.Paul Jewelgarden will always send the customer an order confirmation. Actual execution by Le.Paul Jewelgarden or an invoice sent by Le.Paul Jewelgarden is considered equivalent to written confirmation of the offer.

2.3      If the correctness of the content of this written confirmation is not disputed in writing within 8 days, both Le.Paul Jewelgarden and the customer are bound by it.

2.4      Offers from Le.Paul Jewelgarden do not automatically apply to subsequent orders.

2.5      Le.Paul Jewelgarden cannot be held to its offer if the customer should have understood that the offer, or a part of it, contained an obvious mistake or typographical error.

2.6      Le.Paul Jewelgarden is entitled to process an order only after the invoice has been paid. Until then, Le.Paul Jewelgarden remains the full owner of the product(s).

2.7      Additions, changes, and/or further agreements are only effective if agreed upon in writing.

 

Article 3.      Prices/Price Increases

3.1      Unless otherwise indicated, all prices are expressed in Euros, including value-added tax (VAT), and excluding shipping costs. This applies to all EU countries.

3.2      The prices of Le.Paul Jewelgarden are subject to significant changes in the prices of precious metals on the world market. Fluctuations in these market prices can periodically lead to price increases. Le.Paul Jewelgarden has the right to implement a price increase on these grounds, even if the goods have already been ordered and are marked as 'to be delivered.'

3.3      In the case of a price increase between the formation of the agreement and delivery, the customer has the right to terminate the distance agreement on the day the price increase takes effect. This right expires 10 days after Le.Paul Jewelgarden has notified the customer of the price increase.

3.4      The provisions of Article 3.3 do not apply if the price increase is the result of legal regulations and/or provisions.

3.5      If Le.Paul Jewelgarden has posted an incorrect price and/or information on the website, Le.Paul Jewelgarden has the right to adjust it and/or refuse the order, even if an order has already been placed.

 

Article 4.      Delivery

4.1      Le.Paul Jewelgarden ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the formation of the agreement. Le.Paul Jewelgarden will also exercise the utmost care regarding the delivery of the products.

4.2      If products are available from stock, they will be shipped immediately after ordering. The order will be shipped as soon as possible after payment is received. Le.Paul Jewelgarden may charge shipping costs for the delivery of ordered products. The delivery of ordered products takes place at the postal address known to Le.Paul Jewelgarden, which is not of a temporary nature, and is handed over to the natural person present at the delivery address or to whom permission or instructions have been given. The customer must sign for the receipt of the products, except in cases where the customer has grounds for refusal based on the law.

4.3      If the customer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the items will be stored at the customer's expense and risk.

4.4      Le.Paul Jewelgarden's delivery obligation will be considered fulfilled, with the exception of proof to the contrary, once the products delivered by Le.Paul Jewelgarden have been offered to the customer. In the case of home delivery, the report from the carrier stating the refusal of acceptance constitutes full proof of the offer for delivery, unless there is there is proof tot he contrary.

4.5      In case of the refusal of the offered products and/or the provision of an incorrect delivery address, return freight, storage costs, damages, and the risk of damage or loss of the rejected products are entirely the responsibility of the customer unless the customer has valid grounds for canceling the purchase or requesting the replacement of the item. Note: In the sale of products to the customer, the customer should never be obliged to make an advance payment of more than 50% in the general terms and conditions. If an advance payment has been agreed upon, the customer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

 

Article 5.      Delivery Time

5.1      A delivery time specified by Le.Paul Jewelgarden should never be considered a strict deadline. The delivery time begins only after Le.Paul Jewelgarden has all the necessary information and data, after which Le.Paul Jewelgarden will strive to make the delivery within 30 days.

5.2      Under the rules of distance selling, Le.Paul Jewelgarden will fulfill orders promptly, but at least within 30 days. If this is not possible (due to the ordered item or material not being in stock or no longer available, or for other reasons causing a delay, or if an order cannot be executed or can only be partially executed), the customer will receive a message within 30 days of placing the order and will have the right to cancel the order without cost or notice. This right is cancelled if the customer agrees to a longer delivery time in writing or does not object to the longer delivery time if mentioned in the order confirmation.

5.3      The mentioned delivery times are estimates, and no rights can be derived from them. Le.Paul Jewelgarden cannot be held liable for a late delivery. However, Le.Paul Jewelgarden will always make every effort, if possible, to ensure that an order arrives on time.

5.4      The risk of damage and/or loss of products is borne by Le.Paul Jewelgarden until the moment of delivery to the customer. From the moment of delivery, this risk lies with the customer.

5.5      For shipments outside the European Union, additional taxes and charges may apply. These costs are not included in the price.

 

Article 6.      Right of Withdrawal

6.1      The customer has the right to cancel an agreement for the purchase of a product within a cooling-off period of 14 days without providing a reason. Le.Paul Jewelgarden may ask the customer for the reason for the withdrawal but cannot obligate the customer to provide such reasons.

6.2      The cooling-off period mentioned in paragraph 1 begins on the day after the customer, or a third party designated by the customer, who is not the carrier, receives the product, or:

1. If the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by them, receives the last product. Le.Paul Jewelgarden may refuse an order for multiple products with different delivery times if it has clearly informed the customer of this before the ordering process.
2. If the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by them, receives the last shipment or part.
3. In the case of agreements for the regular supply of products over a specific period: the day on which the customer, or a third party designated by them, receives the first product.

 

Article 7.      Customer's Obligations During the Cooling-off Period

During the cooling-off period, the customer shall handle the product and its packaging with great care. The customer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The customer's principle should be that they may only handle and inspect the product as they would be allowed to do in a physical store.

 

Article 8.      Exercise of the Right of Withdrawal by the Customer and Associated Costs

8.1      If the customer exercises their right of withdrawal, they shall notify Le.Paul Jewelgarden within the cooling-off period by sending an email to info@lepaul.amsterdam, in which the customer must at least specify:

1. The reason for exercising the right of withdrawal;
2. The order number of the order to which the withdrawal applies;
3. The product or products for which the right of withdrawal is being exercised.

8.2      The customer shall return the product as soon as possible but no later than 14 days after the day following the notification as mentioned in paragraph 1. The customer is deemed to have observed the return period if they return the product before the cooling-off period expires.

8.3      The customer shall return the product with all accessories delivered, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Le.Paul Jewelgarden.

8.4      The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the customer.

8.5      The customer shall bear the direct costs of returning the product.

8.6      If the customer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9.      Obligations of Le.Paul Jewelgarden in the Event of Withdrawal

9.1      If Le.Paul Jewelgarden allows the customer to notify their withdrawal electronically, it shall promptly send an acknowledgment of receipt upon receiving this notification.

9.2      Le.Paul Jewelgarden shall reimburse all payments made by the customer, including any delivery costs charged by Le.Paul Jewelgarden for the returned product, without delay, but no later than 14 days after the day the customer notifies Le.Paul Jewelgarden of the withdrawal. Unless Le.Paul Jewelgarden offers to collect the product themselves, they may delay the refund until they have received the product and have been able to confirm that the product is in perfect condition and the sealed label is intact. The refund shall be made as soon as possible but no later than seven days after receipt.

9.3      Le.Paul Jewelgarden will use the same means of payment that the customer used unless the customer agrees to a different method. The refund is free of charge for the customer.

9.4      If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, Le.Paul Jewelgarden is not obligated to refund the additional costs of the more expensive method.

 

Article 10.   Exclusion of the Right of Withdrawal

10.1    Le.Paul Jewelgarden explicitly excludes all custom-made and/or personalized products from the right of withdrawal.

10.2    The products or jewelry are made to order according to the customer's preferences, including color combinations, materials, sizes, and specific customer requests. As a result, these products or jewelry are considered personalized, and the right of withdrawal is excluded. This means that these rings, other jewelry, or products cannot be exchanged, modified, or returned. Refusal of receipt does not grant the right to terminate the agreement.

10.3    Le.Paul Jewelgarden shall clearly mention the exclusion of the right of withdrawal in the offer or, at the very least, in a timely manner before concluding the agreement so that the customer is aware of it.

 

Article 11.   Force Majeure

11.1    Force majeure is understood to mean, in addition to what is understood by law and jurisprudence, all circumstances beyond Le.Paul Jewelgarden's control that impede or make it impossible to deliver products, including but not limited to strikes at Le.Paul Jewelgarden and/or suppliers and/or courier services, disruptions and/or delays in the supply chain, disruptions in the Internet or WAP, disruptions in electricity, disruptions in email traffic, and disruptions or changes in technology provided by third parties.

11.2    A plea of force majeure can also be made if the circumstances that prevent (further) performance occur after Le.Paul Jewelgarden should have fulfilled its obligation.

11.3    If the period in which performance of the obligation by Le.Paul Jewelgarden is not possible due to force majeure lasts longer than 2 weeks and the performance of the obligations becomes impossible due to these circumstances, both parties are entitled to terminate the agreement without any obligation to pay damages.

11.4    If Le.Paul Jewelgarden has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it may invoice the already delivered or deliverable part separately, and the customer is obligated to pay this invoice as if it were a separate contract. This does not apply if the already delivered or deliverable part has no independent value.

 

Article 12.   Warranty

12.1    Le.Paul Jewelgarden offers a warranty of 12 months from the date of purchase for the product's properties.

12.2    Le.Paul Jewelgarden makes every effort to display colors as accurately as possible, but it cannot guarantee exact color matching. Deviations may occur due to the display on the screen, personal settings, other uncontrollable factors, and variations in lighting. A deviation in color experience is not a valid reason for a complaint. This does apply if a wrong color is delivered or because of a manufacturer's error.

12.3    Le.Paul Jewelgarden is not responsible and liable for an incorrect ring size. It is essential to determine the correct ring size and provide it to us. If the ring size is not known, there are several reliable tools for measuring it. We offer our Multisizer for this purpose on our website at a reasonable price, which allows for accurate measurement of the ring size. The cost of the Multisizer is deducted from the order. It is not possible to adjust the ring size after the fact.

12.4    Le.Paul Jewelgarden carefully inspects all products before they are shipped. This includes checking that the jewelry is free from scratches. After inspection, the jewelry is sealed with a logo label as proof of approval. The label should only be removed after product inspection. Once the label is removed, Le.Paul Jewelgarden cannot accept any complaints, and in some cases, the right of withdrawal is forfeited. Le.Paul Jewelgarden advises checking the product immediately upon receipt.

Note that when adjusting a ring, other rings should be removed to prevent scratches. Rings with scratches cannot be returned.

12.5    Specifically for the Mariquita ring collection by Giadan, the rings are made of Sterling silver (925/000) and are provided with an electrolytically applied layer of gold (yellow gold or rose gold) or a rhodium layer (white gold color). Meaning that the jewelry is gold-plated or rhodium-plated. Like all gold-plated or rhodium-plated products, this layer will wear off over time. The speed at which this happens varies from person to person. It depends on how the gold-plated jewelry is handled, how it is worn (are there friction surfaces), and can also be influenced by skin acidity (which varies from person to person). This wear is explicitly not covered by the warranty. To prevent unnecessary scratches and wear, we recommend that you read and follow our recommendations (available on our website at https://lepaul.amsterdam/pages/taking-care).

12.6    Damage and/or defects resulting from the customer's actions or improper treatment of the product are explicitly not covered by this warranty.

12.7    Le.Paul Jewelgarden is not responsible for the ultimate suitability of the products for each individual use by the customer, nor for any advice regarding the use or use of the products.

12.8    The customer is obligated to immediately inspect the delivered products upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must promptly report these defects in writing to Le.Paul Jewelgarden, including a photo showing the defect, before returning the item to Le.Paul Jewelgarden. The products must be returned in their original packaging (including all accessories and related documentation), in new condition and with the seal of the label intact. Using the product after identifying defects, damage occurring after identifying defects, removing the sealed label, encumbering, and/or reselling after identifying defects will nullify the right of withdrawal.

12.9    The above warranty does not apply if:

1. The customer is in default towards Le.Paul Jewelgarden.
2. The customer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
3. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of Le.Paul Jewelgarden's instructions and/or the instructions on the packaging.
4. The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

 

Article 13.   Liability

13.1    Le.Paul Jewelgarden is only liable for direct damages and not for indirect damages and/or consequential damages.

13.2    Le.Paul Jewelgarden is not liable for placing an incorrect order, differences in color, providing an incorrect ring size, and/or damage caused by improper use and/or intent or equivalent willful recklessness.

13.3    Le.Paul Jewelgarden's liability is further limited to the invoice amount and/or the maximum amount that the insurance pays to Le.Paul Jewelgarden regarding the damage.

 

Article 14.   Payment

14.1    Payment can only be made digitally and not in cash. Various payment methods are accepted, including but not limited to: Ideal, Shop pay, Google pay, Applepay, Bancontact, Mastercard, Visa, American Express, and PayPal.

14.2    All your credit card details, such as credit card number, expiration date, etc., are automatically transferred to the payment processor via an encrypted secure system without Le.Paul Jewelgarden or others having access to this information. This also applies to any refunds. If you pay with Visa, Mastercard, or American Express, extra protection is provided through special authentication methods (Verified by Visa, Mastercard Secure Code, or Amex Safekey).

14.3    Unless otherwise agreed, payment must be made immediately upon completion of the order using one of the offered payment methods. Payment must always be made before delivery, within 14 days of the order. Payment in installments is not possible.

14.4    After the expiration of 14 days from the invoice/order date, the customer is in default by operation of law, and from that moment onwards, a monthly interest of 2% on the amount due is payable, unless the statutory interest is higher, in which case the statutory interest applies, with part of a month being counted as a whole month.

14.5    In case of the customer's bankruptcy or a request for suspension of payment, Le.Paul Jewelgarden's claims and the customer's obligations towards Le.Paul Jewelgarden become immediately and fully due.

14.6    If Le.Paul Jewelgarden has to hand over its claim for collection, the customer owes a fixed amount of 15% of the amount due in extrajudicial collection costs, with a minimum amount of 500 euros.

14.7    If Le.Paul Jewelgarden can demonstrate that it has incurred higher costs that were reasonably necessary, these costs are also eligible for compensation.

 

Article 15.   Retention of Ownership

15.1    The ownership of all products sold and delivered by Le.Paul Jewelgarden to the customer remains with Le.Paul Jewelgarden until the customer has settled Le.Paul Jewelgarden's claims arising from the agreement, previous or subsequent similar agreements, until the customer has settled the work performed or yet to be performed from these or similar agreements, and until the customer has settled Le.Paul Jewelgarden's claims due to deficiencies in the fulfillment of such obligations, including claims for penalties, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

15.2    Products falling under the retention of ownership by Le.Paul Jewelgarden may only be resold within the framework of normal business operations and may never be used as a means of payment.

15.3    The customer is not authorized to pledge the products subject to retention of ownership or to encumber them in any other way.

15.4    If third parties seize the products delivered under retention of ownership or intend to establish or enforce rights on them, the customer is obliged to notify Le.Paul Jewelgarden of this as soon as can be reasonably expected.    

 

Article 16.   Privacy

16.1    Le.Paul Jewelgarden respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated.

16.2    Information from which the identity of an online visitor to Le.Paul Jewelgarden's website can be inferred is provided voluntarily by the visitor.

16.3    Le.Paul Jewelgarden's Privacy Policy applies here.

Article 17.   Intellectual Property Rights

17.1    Intellectual property rights and copyright apply to all products, photos, and images shown by Le.Paul Jewelgarden. Without written permission from Le.Paul Jewelgarden or the designer, products, photos, and images may not be duplicated or used publicly.

17.2    Unless expressly agreed otherwise in writing, full intellectual property rights, copyright, and all other rights relating to the products delivered by Le.Paul Jewelgarden, such as trademark rights, model rights, patent rights, sui generis database rights, etc., are exclusively owned by Le.Paul Jewelgarden and/or its suppliers. Producing (strongly) resembling goods based on the models of Le.Paul Jewelgarden or its suppliers is expressly prohibited by law. Individuals or companies not adhering to this will be prosecuted.

 

Article 18.   Complaints Procedure

18.1    The customer may submit questions, ideas, suggestions, and complaints to Le.Paul Jewelgarden at any time via email at info@lepaul.amsterdam.

18.2    Each complaint must be reported promptly but within a reasonable period after the complaint or defect is discovered. Complaints must always include the customer's name, address, place of residence, contact information, order and reference numbers, a clear description of the complaint, and, if it concerns a physical complaint, a photo thereof. Without these details, complaints cannot be processed.

18.3    Complaints will be handled as soon as possible but no later than within 14 days. If, for any reason, this is not possible, the customer will be informed in a timely manner about the expected duration of the delay.

18.4    If the customer's complaints are found to be valid by Le.Paul Jewelgarden, Le.Paul Jewelgarden will, at its sole discretion and authority, either repair the product, offer a new copy or a comparable alternative, or refund the invoice amount for the respective product.

 

Article 19.   Applicable Law and Jurisdiction

19.1    Dutch law exclusively applies to all legal relationships in which Le.Paul Jewelgarden is a party, even if a commitment is fulfilled wholly or partly abroad or if the party involved in the legal relationship has its domicile there. The applicability of the Vienna Sales Convention is excluded.

19.2    Only the Dutch court is authorized to hear all disputes in which Le.Paul Jewelgarden and the customer do not come to an agreement through the complaints procedure.

Article 20.   Amendments

20.1    These General Terms and Conditions are effective from 30 October, 2023 and are filed with the Chamber of Commerce in Amsterdam under number 0012-6756. The Dutch text of these General Terms and Conditions is always decisive for its interpretation.

20.2    Le.Paul Jewelgarden can unilaterally amend these General Terms and Conditions. Amendments to these General Terms and Conditions only come into effect after they have been published on the Le.Paul Jewelgarden website and communicated to the customer.