Terms and Conditions for Gem'telier Custom Handmade Jewellery

Article 1 - Scope and Definitions

These Terms and Conditions apply to the online sale of custom handmade jewellery by Gem'telier, operated by PoriZma B.V., to consumers.

For the purpose of these Terms and Conditions:

• Consumer: a natural person acting for purposes outside their trade, business or profession.
• Custom Jewellery: jewellery handmade to order, made according to the consumer's specifications, or clearly personalized for the consumer.
• Order: the consumer's request to purchase custom jewellery through the Gem'telier platform.
• Agreement: the distance contract concluded between Gem'telier and the consumer when the order is accepted.

Article 2 - Identity of the Seller

Company Name: PoriZma B.V.
Trading Name: Gem'telier
Registered Address: Prinsegracht 39E, 2512EW Den Haag, The Netherlands
Email: info@gemtelier.com
Chamber of Commerce (KvK) Number: 86250434
VAT Number: NL863910026B01
Website: https://www.gemtelier.com

Article 3 - Applicability

These Terms and Conditions apply to every offer, order, and agreement relating to custom handmade jewellery sold through the Gem'telier platform.

Before the agreement is concluded, these Terms and Conditions will be made available to the consumer in a way that allows them to be stored and consulted later.

If any mandatory consumer law grants the consumer greater protection than a clause in these Terms and Conditions, the mandatory law shall prevail.

Article 4 - Nature of the Products

All jewellery offered in this area is handmade and custom-made to order. Products may therefore vary slightly from website images, sketches, mock-ups, samples, or previous examples.

• Minor differences in color, texture, gemstone pattern, engraving placement, finish, or dimensions may occur due to the handmade nature of the product.
• Such minor differences do not in themselves constitute a defect.
• The consumer is responsible for checking all customization details, including the selected size, gem choice, thread choice, and any other submitted specifications, before placing the order.

Article 5 - Offers, Pricing, and Conclusion of the Agreement

All prices shown on the website are inclusive of VAT unless stated otherwise. Shipping costs, if applicable, will be shown before the consumer places the order.

An agreement is concluded when Gem'telier confirms the order or starts processing it after payment has been received.

Gem'telier reserves the right to refuse or cancel an order before production starts if:

• the requested customization is technically impossible, inappropriate, or unlawful;
• essential product or pricing information contained an obvious error; or
• the order cannot reasonably be fulfilled.

If an order is cancelled by Gem'telier before production starts, any payment received will be refunded.

Article 6 - Production and Delivery

Because all jewellery is handmade to order, production and delivery take time. The total production and shipping period is approximately up to 6 weeks from order confirmation, unless a different timeframe is stated for a specific product.

• Gem'telier will make reasonable efforts to complete and dispatch orders within this timeframe.
• The stated timeframe is an estimate, not a guaranteed delivery deadline.
• Delays caused by craftsmanship, material availability, supplier delays, personalization requirements, or delivery services do not automatically entitle the consumer to cancellation or compensation.
• The consumer must provide accurate delivery and customization information. Gem'telier is not responsible for delays or extra costs caused by incorrect information provided by the consumer.

The risk of loss or damage passes to the consumer when the product is delivered to the consumer or to a third party designated by the consumer.

Article 7 - No Right of Withdrawal for Custom Handmade Jewellery

The jewellery sold in this area is made to the consumer's specifications and/or clearly personalized. For that reason, the statutory 14-day right of withdrawal for distance contracts does not apply to these products, to the extent permitted by applicable Dutch and European consumer law.

This means that, once the order has been accepted and production has started, the consumer cannot cancel, return, or exchange the product merely because they changed their mind.

Gem'telier may, at its sole discretion, consider a cancellation request before production starts, but is under no obligation to do so.

Article 8 - Defects, Damage, and Incorrect Orders

The exclusion of the right of withdrawal does not affect the consumer's mandatory statutory rights if the product is defective, damaged upon delivery, or does not conform to the agreement.

If the consumer believes the delivered jewellery is faulty, damaged, or materially different from the confirmed order, the consumer should contact Gem'telier as soon as possible at info@gemtelier.com, preferably with photos and the order number.

• If a product does not conform to the agreement, Gem'telier will assess the complaint and, where legally required, offer an appropriate remedy such as repair, replacement, price reduction, or refund.
• Minor deviations inherent to handmade production do not qualify as non-conformity.
• Errors in customization details, including the selected size, gem choice, or thread choice, that are based on information submitted or approved by the consumer are the consumer's responsibility, unless Gem'telier made the production error.

Article 9 - Statutory Guarantee

The consumer is entitled to the statutory rights provided under Dutch consumer law. This means that the product must have the qualities the consumer may reasonably expect, taking into account the nature of handmade and customized jewellery.

Nothing in these Terms and Conditions limits or excludes mandatory statutory rights relating to defective or non-conforming goods.

Article 10 - Use, Care, and Materials

Jewellery should be handled with care. Product lifespan may be affected by wear, impact, moisture, chemicals, cosmetics, perfume, improper cleaning, or improper storage.

Where relevant, Gem'telier will provide information about materials and care instructions. The consumer remains responsible for checking whether the selected materials are suitable for personal use, including in case of known metal or material sensitivities.

Article 11 - Liability

To the extent permitted by law, Gem'telier is not liable for indirect or consequential damages, including loss of enjoyment, emotional loss, or third-party losses.

Nothing in these Terms and Conditions excludes liability where such exclusion is not permitted under mandatory law.

Any liability directly related to an order shall in all cases be limited to the amount paid by the consumer for the relevant product, unless mandatory law provides otherwise.

Article 12 - Complaints Procedure

Complaints about an order or product can be submitted by email to info@gemtelier.com. The consumer should include the order number and a clear description of the complaint.

Gem'telier will respond within a reasonable time and will make reasonable efforts to resolve complaints in good faith.

Article 13 - Intellectual Property and Custom Content

If the consumer provides customization instructions or selections, including size, gem choice, thread choice, names, text, images, symbols, or other custom content, the consumer confirms that they are entitled to use that content and that it does not infringe any third-party rights or violate any law.

Gem'telier may refuse requested customization that is unlawful, offensive, misleading, or technically unsuitable.

Article 14 - Governing Law and Disputes

These Terms and Conditions and all agreements between Gem'telier and the consumer are governed by Dutch law.

Any disputes will be submitted to the competent court in the Netherlands, without prejudice to any mandatory consumer rights regarding jurisdiction under applicable law.

Article 15 - Changes to These Terms and Conditions

Gem'telier may amend these Terms and Conditions from time to time. The version published at the time of the order will apply to that order, unless a later version is required by mandatory law.