General Terms and Conditions

Article 1 – Identity

These are the general terms and conditions of Mama Jewels, Mama Jewels is a subsidiary of Van der Kooij BV.

Name of the entrepreneur: Van der Kooij BV
 Registered at Walstraat 197 4381GR Vlissingen*
 Email address: info@mamajewels.nl*
 Chamber of Commerce number: 81997116 VAT number: NL862298519B01

*Please direct webshop-related questions to info@mamajewels.nl

Article 2 – Definitions

In these general terms and conditions the following terms are understood to mean:

  1. Reflection period: the period within which a consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  3. Day: calendar day;
  4. Durable medium: any instrument – ​​including email – that enables a consumer or MamaJewels to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
  5. Right of withdrawal: the option for a consumer to cancel the distance contract within the cooling-off period;
  6. Distance contract: an agreement concluded between MamaJewels and a consumer within the framework of an organised system for the distance sale of products, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
  7. Remote communication technology: means that can be used to conclude an agreement, without the consumer and MamaJewels having to be in the same room at the same time.

  Article 3 – Applicability

  1. These general terms and conditions apply to every offer from MamaJewels and to every distance contract concluded between MamaJewels and a consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, MamaJewels will indicate before the distance contract is concluded how the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

  Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. Obvious mistakes or obvious errors in the offer of products do not bind MamaJewels.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

  Article 5 – The Agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, MamaJewels will immediately confirm receipt of acceptance of the offer electronically.
  3. MamaJewels will provide the following information to the consumer at the latest upon delivery of the product:
  4. The visiting address of the MamaJewels branch where consumers can go with complaints, for example;
  5. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  6. Information about warranties and existing after-sales service;
  7. The price including all taxes of the product, where applicable the costs of delivery and the method of payment, delivery or performance of the distance contract;

  Article 6 – Right of withdrawal

  1. The consumer can cancel a product purchase agreement within 14 days without giving any reason. MamaJewels may ask the consumer for the reason for cancellation, but the consumer is not obligated to state their reason(s).
  2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

  Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.

  Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he must notify MamaJewels of this unambiguously within the cooling-off period.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) MamaJewels. This is not necessary if MamaJewels has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
  3. The consumer must return the product with all accessories, in its original condition and packaging, and in accordance with the instructions provided by MamaJewels. It is the consumer's responsibility to ensure that the return package is received in good order. If this is not the case, MamaJewels may refuse the return.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct costs of returning the product.
  6. Further necessary information about returning a product is stated on the website.
  7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

  Article 9 – Obligations of MamaJewels upon revocation

  1. MamaJewels will reimburse all payments made by the consumer, excluding any delivery costs charged by MamaJewels for the returned product, without delay but within 14 days following the day on which the consumer notifies MamaJewels of the cancellation.
  2. MamaJewels will use the same payment method the consumer used for refunds, unless the consumer agrees to a different method. Refunds are free of charge for the consumer.

  Article 10 – The price

  1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
  2. The prices stated in the product offer include VAT.

  Article 11 – Compliance with the agreement and additional warranty

  1. MamaJewels guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.
  2. In any event, no claim can be made under paragraph 1 of this article (i) in the event of damage caused intentionally or by negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage caused by failure to observe or incorrect observance of the instructions for use or directions for use.
  3. An additional warranty provided by MamaJewels, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against MamaJewels under the agreement if MamaJewels has failed to fulfil its part of the agreement.
  4. An extended warranty is understood to mean any obligation of MamaJewels, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

  Article 12 – Delivery and execution

  1. MamaJewels will take the utmost care when receiving and executing orders for products.
  2. Delivery will take place while stocks last.
  3. Ownership of delivered products transfers to the consumer after the amount due has been paid. Risk of the products passes to the consumer upon delivery.
  4. The place of delivery is the address that the consumer has provided to MamaJewels.
  5. The consumer must provide MamaJewels with their correct address and email address. Any changes to these addresses must also be communicated to MamaJewels in a timely manner. If the consumer provides an incorrect delivery address, this is the consumer's risk.
  6. MamaJewels will execute accepted orders expeditiously, but no later than within 3 days, unless a different delivery period has been agreed.
  7. After dissolution in accordance with the previous paragraph, MamaJewels will immediately refund the amount paid by the consumer.
  8. The risk of damage and/or loss of products rests with MamaJewels until the moment of delivery to the consumer or a previously designated representative made known to MamaJewels, unless expressly agreed otherwise.

  Article 13 – Payment

  1. MamaJewels offers the following secure payment methods:

Credit card: During the ordering process, the buyer can enter their credit card number and the expiration date. The buyer must ensure that the name entered is the exact same as the name on the credit card. The payment authorization process then follows. The buyer will be notified whether the payment has been approved or not.

- PayPal: Using PayPal, the buyer can transfer money from their bank account, credit card account, or PayPal account.

- iDEAL: Buyers with a Dutch bank account can use iDEAL. This payment method was developed through a collaboration between Dutch banks. The iDEAL payment system connects the most common online banking systems and is a reliable payment system.

Bancontact/Mr. Cash: Buyers with a Belgian bank account can pay via Bancontact/Mr. Cash. Bancontact/Mr. Cash is a joint initiative of Belgian banks that ensures fast, trouble-free payment processes. Bancontact/Mr. Cash is available to account holders at KBC, Dexia, and ING, among others. Using a PIN code allows for quick and secure transactions.

- Immediately

  1. The buyer is bound by the terms and conditions of the payment platform they choose. MamaJewels has no control over these terms and cannot be held liable for their content.
  2. If payment was made using a gift card, the buyer can only receive a new credit for the gift card when returning products. Gift cards and their remaining balance cannot be exchanged for cash under any circumstances. Any remaining balance on the gift card can be used for subsequent orders.

  Article 14 – Force Majeure

MamaJewels and the consumer are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not their fault and for which they are not responsible under the law, a legal act or generally accepted views.

  Article 15 – Complaints procedure

  1. MamaJewels has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to MamaJewels as soon as possible after the consumer has discovered the defects, fully and clearly described.
  3. Complaints submitted to MamaJewels will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, MamaJewels will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

  Article 16 – Other

  1. Any deviations from these general terms and conditions can only be agreed upon in writing. Such deviations do not confer any rights with regard to subsequent legal relationships.
  2. Unless proven otherwise, MamaJewels' records will serve as proof of the consumer's requests and/or orders. The consumer acknowledges that electronic communication can serve as proof.
  3. MamaJewels is entitled to transfer the rights and obligations arising from the agreement with you to a third party by giving you notice.
  4. If and to the extent any provision of these terms and conditions is declared null and void or annulled, the remaining provisions of these terms and conditions will remain in full force and effect. MamaJewels will then establish a new provision to replace the void/annulled provision, taking into account the intent of the void/annulled provision as much as possible.

  Article 17 – Applicable law and jurisdiction

  1. Agreements and all resulting non-contractual obligations between MamaJewels and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.