Vintage jewelry

Terms and Conditions Kneaup

Disclaimer: Kneaup only uses parts from a (vintage) designer item and otherwise has nothing to do with any brand whose buttons are. One buys a piece of jewelry from Kneaup and there is no further association with any designer brand.

Article 1 Applicability

1.1 These General Terms and Conditions apply to all Kneaup products/offers and to all agreements entered into with Kneaup insofar as these General Terms and Conditions have not been expressly deviated from by the parties in writing.

1.2 If the Customer refers to his/her terms and conditions, such terms and conditions shall not apply unless expressly agreed to in writing by Kneaup.

1.3. Departures from the provisions of these General Terms and Conditions may be made only if expressly agreed in writing and in which case the remaining provisions of these General Terms and Conditions shall remain in full force.

1.4 Customer means any visitor to kneaup.nl or the other platforms on which Kneaup is active or any natural or legal person who is or will be in a contractual relationship of any kind with Kneaup.

1.5 Kneaup reserves the right to amend or supplement these Terms and Conditions from time to time.

1.6 Accepting an offer or placing an order implies that the Customer accepts the applicability of these General Terms and Conditions. The Customer accepts these terms and conditions by confirming his order. The customer is deemed to have read the general terms and conditions. Objections relating to these terms and conditions must be made known in advance in writing/through confirmed e-mail.

By using Kneaup’s Internet site and/or placing an order, the Customer accepts these Terms and Conditions as well as all other rights and obligations as stated on the Internet site.

1.7 Kneaup is authorized to use intermediaries and other third parties in the execution of an agreement with the Customer. In that case, these General Terms and Conditions shall also apply in full.

Article 2: Offers/Agreements.

2.1 All offers by Kneaup are without obligation and while supplies last.

2.2 Kneaup expressly reserves the right to change prices.

2.3 A contract is established when a confirmation is sent to the customer by Kneaup.

2.4 Information, images, communications provided orally, by telephone or by e-mail and statements et cetera relating to all offers and the main characteristics of the products are as accurately as possible (weather) given or made. In principle, deviations cannot be grounds for compensation. Necklaces may vary in terms of clasp.

2.5 Verbal offers or promises do not bind Kneaup unless confirmed by Kneaup in writing within 8 days.

2.6 Changes to orders already issued may result in any agreed delivery date being exceeded. Kneaup cannot be held liable for this.

2.8 Changes to the order already issued may result in the cancellation of a composite quotation previously strengthened to Customer. Kneaup will then provide the Customer with a new quotation for the new order.

Article 3 Prices and payments

3.1 All prices quoted by Kneaup are expressed in euros, including sales tax and excluding shipping costs, unless otherwise stated or agreed in writing.

3.2 The amount of shipping costs is listed on the platforms and in Kneaup’s terms and conditions. With respect to certain countries and payment methods, further conditions apply regarding the delivery method and associated costs.

3.3 Special offers are valid only for the validity period as stated on the Internet site or other platforms related to that special offer.

3.4 Kneaup cannot be held to its offers if the Customer should have understood, by the standards of reasonableness and fairness and generally accepted views, that the offer or any part thereof contains an obvious mistake or slip of the pen.3.5 Offers do not automatically apply to repeat orders or returns.

3.6 Payments shall be made by remittance to NL 93 RABO 0361 1831 19 . Once this is done, the order is initiated.

Article 4 Delivery

4.1 Kneaup sells only from stock. This means that advance orders cannot be placed and a limited run is available. Orders will be delivered as soon as possible:

• With payment in advance, we generally ship the ordered items within three business days of receiving payment.

The stated delivery times are indicative and never constitute a deadline. Exceeding any delivery period does not entitle the Customer to compensation or the right to cancel the order or dissolve the agreement, unless the exceeding of the delivery period is such (more than 30 days) that the Customer cannot reasonably be required to maintain the agreement. In this case, the Customer is entitled to cancel the order or dissolve the agreement to the extent necessary. Any monies already paid will be returned.

4.2 If a product that is temporarily out of stock is ordered by the Customer, it will be indicated when the product is available again. Delays will be notified to the Customer by email or telephone.

4.3 Delivery takes place at the address provided by the Customer during the formation of the agreement.

4.4 The customer has the right to rescind the contract free of charge if the delivery time exceeds 30 days.

Article 5 Retention of title

5.1 Ownership of products is not transferred until the Customer has paid all that the Customer owes Kneaup under any agreement. The risk in respect of the products already passes when the products are made available to the carrier by Kneaup. Any return shipments to Kneaup are at the Customer’s expense and must be postage paid and with a written statement of reasons.

Article 6 Exchanges and right of withdrawal

6.1 When purchasing products, the Customer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the Customer or a representative previously designated by the Customer and made known to Kneaup. An exception applies to products specially composed for the customer. Once these products are put into production, dissolution is no longer possible. The reason is that customized products cannot be sold to other customers.

6.2 During the reflection period, the Customer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and in the original condition and packaging to Kneaup, in accordance with the reasonable and clear instructions provided by Kneaup.

6.3 If the Customer wishes to exercise his right of withdrawal, he is obliged to notify Kneaup within 14 days, after receiving the product. Notification must be made by the Customer via an e-mail or direct message. After the Customer has expressed his wish to exercise his right of withdrawal, the Customer must return the product within those 14 days. The Customer must prove that the delivered items were returned in a timely manner, for example by means of proof of shipment.

6.4 If the customer has not made known his intention to exercise his right of withdrawal or has not returned the product to Kneaup after the expiry of the periods specified in paragraphs 2 and 3, the sale is a fact.

6.5 If the Customer exercises his right of withdrawal, the costs of return shipment shall be borne by him.

6.6 If the Customer has paid an amount, Kneaup will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by Kneaup.

Article 7 Warranty and liability

7.1 Kneaup provides a two-month warranty on purchased items. This warranty does not apply in the case of wear and tear that can be considered normal and further in the following cases: improper use, intentional or grossly negligent use, use of perfume or other substances/materials that may affect the product to, water damage, freezing and contamination.

The applicability of the warranty is at Kneaup’s discretion.

7.2 Kneaup shall never be liable to pay any compensation to the Customer or others unless there is intent or gross negligence on the part of Kneaup. Kneaup shall never be liable for consequential or trading loss, indirect damage and loss of profit or turnover.

7.3 If, for any reason, Kneaup is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value relating to the product or service which caused the damage.

7.5 The items are not suitable for use by or for children, infants or other care/helpless persons unless otherwise stated.

7.6 The customer is responsible for allergy testing of the materials used. The jewelry is made of silver (sterling 925), gold, mixed metal, brass and Stainless Steel, among others. Before wearing, this can be tested on skin to see if it reacts to it. In case of an allergy, an item may always be returned, but Kneaup is further never liable and responsible for any (allergic) reaction whatsoever.

Article 8 Force Majeure

8.1 In the event of force majeure, Kneaup is not obliged to fulfill its obligations to the Customer, respectively the obligation is suspended for the duration of the force majeure.

8.2 Force majeure means any circumstance beyond its control, which prevents the fulfillment of its obligations to the Customer in whole or in part. Such circumstances include strikes, fires, business disturbances, energy failures, non-delivery or late delivery by suppliers or other contracted third parties and the absence of any governmental permit. Also, force majeure includes failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Internet site at any time.

Article 9 Intellectual property

9.1 The Customer expressly acknowledges that all intellectual property rights of displayed information, images, communications or other expressions relating to the products and/or relating to the Internet site belong to Kneaup, its suppliers or other right holders.

9.2 Intellectual property rights means patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

9.3 The Customer is prohibited from using, including making changes, the intellectual property rights described in this article, such as reproduction, without the express prior written consent of Kneaup, its suppliers or other claimants, unless it is purely for private use in relation to the product itself.

Article 10 Personal Data

10.1 The data provided by the Customer will be kept confidential by Kneaup and will be used for the following purposes:

• Processing the order, its payment and delivery to the correct delivery address;
• Promoting the user-friendliness of the site;
• Being able to make (personalized) offers and promotions or provide information or news bulletins relevant to you.

10.2 In doing so, Kneaup shall comply with applicable privacy regulations and legislation.

10.3 In principle, Kneaup does not provide customer data to third parties. Should this be deemed necessary for an order made by the Customer, this may be waived.

Article 11 Applicable law and competent court

11.1 All rights, obligations, offers, orders and agreements to which these General Conditions apply, as well as these General Conditions, shall be governed exclusively by Dutch law.

11.2 The applicability of the Vienna Sales Convention is expressly excluded.

11.3 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.

Article 12 Miscellaneous

12.1 Kneaup is located at Cereslaan 8, 5384 VT Heesch (This is NOT a visiting or pickup address) and registered with the Chamber of Commerce under the number 80629857. The e-mail address is info@kneaup.nl.

12.2 If deviations from these General Terms and Conditions are permitted by Kneaup for a short or longer period of time, tacitly or otherwise, this shall not affect its right to still demand direct and strict compliance with these General Terms and Conditions. The Customer can never assert any rights based on the fact that Kneaup applies these General Terms and Conditions leniently.