Terms & Conditions

GENERAL TERMS AND CONDITIONS In Gold We Trust

Definitions

  1. In Gold We Trust: Franzel BV, established in Amsterdam, Chamber of Commerce no. 58187359.

  2. Customer: the person with whom In Gold We Trust has entered into an agreement.

  3. Parties: In Gold We Trust and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of In Gold We Trust.

  1. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  2. The parties expressly exclude the applicability of supplementary and/or deviating general terms

and conditions of the customer or of third parties.

Prices

1. All prices used by In Gold We Trust are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. In Gold We Trust is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

3. Increases in the cost prices of products or parts thereof, which In Gold We Trust could not fore- see at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Sales channels

1. The customer is only permitted to sell the products through his own physical store(s) and/or his own official website.
2. Without prior permission of In Gold We Trust in writing, the customer is prohibited from selling the products through (websites of) third parties. The customer is in particular prohibited from selling products through (virtual) marketplaces or platforms, such as (but not limited to) marktplaats.nl and winkelstraat.nl.

Advertising

1. The customer is prohibited from advertising the products in a manner that impairs the image and reputation of the In Gold We Trust brand and products.
2. Such an impairment will occur in particular when the customer advertises on comparison web- sites, such as (but not limited to) beslist.nl and kleding.nl.

Consequences of late payment

1. If the customer does not pay within the agreed term, In Gold We Trust is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obli- ged to pay any compensation to In Gold We Trust.

3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, In Gold We Trust may suspend its obligations until the customer has met his payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of In Gold We Trust on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by In Gold We Trust, he is still obliged to pay the agreed price to In Gold We Trust.

Right of recovery of goods

1. As soon as the customer is in default, In Gold We Trust is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

  1. In Gold We Trust invokes the right of recovery by means of a written or electronic announcement.

  2. As soon as the customer has been informed of the claimed right of recovery, the customer must

immediately return the products concerned to In Gold We Trust, unless the parties agree to make other arrangements about this.

4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that

  • the product has not been used

  • it is not a product that can spoil quickly, like food or flowers

  • the product is not specially tailored for the consumer or adapted to its special needs

  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

  • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

  • the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activi- ty,

  • the product is not a separate magazine or a loose newspaper

  • the purchase does not concern an (assignment to) urgent repair

  • the consumer has not renounced his right of cancellation

1. The reflection period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed the purchase of digital content via the internet
2. The consumer can notify his right of cancellation via sales@franzelamsterdam.com, if desired by using the withdrawal form that can be downloaded via the website of In Gold We Trust, www.ingold- wetrust-official.com.
3. The consumer is obliged to return the product to In Gold We Trust within 14 days after the notifi- cation of his right of cancellation, after which period his right of cancellation will lapse.

  1. The costs for return are due In Gold We Trust if the complete order is returned.

  2. If the purchase costs and any other costs (such as shipping and return costs) are eligible for

reimbursement according to the law, In Gold We Trust will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to In Gold We Trust in time.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. In Gold We Trust can appeal to his right of retention of title and in that case retain the products sold by In Gold We Trust to the customer until the customer has paid all outstanding invoices with regard to In Gold We Trust, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to In Gold We Trust.
3. In Gold We Trust is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to In Gold We Trust with any claim on In Gold We Trust.

Retention of title

1. In Gold We Trust remains the owner of all delivered products until the customer has fully com- plied with all its payment obligations with regard to In Gold We Trust under whatever agreement with In Gold We Trust including of claims regarding the shortcomings in the performance.

  1. Until then, In Gold We Trust can invoke its retention of title and take back the goods.

  2. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of

or otherwise encumber the products.
4. If In Gold We Trust invokes its retention of title, the agreement will be dissolved and In Gold We Trust has the right to claim compensation, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.

  2. Delivery takes place at In Gold We Trust unless the parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed price is not paid on time, In Gold We Trust has the right to suspend its obligations

until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he can not ob- ject to late delivery by In Gold We Trust.

Delivery period

1. Any delivery period specified by In Gold We Trust is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from In Gold We Trust.

3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless In Gold We Trust cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwi- se.

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which In Gold We Trust may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible dama- ge to products or the packaging prior to the transport to In Gold We Trust, failing which In Gold We Trust cannot be held liable for any damage.

Insurance

Storage

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the custo- mer’s expense.

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construc- tion or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from ac- cidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

The customer indemnifies In Gold We Trust against all third-party claims that are related to the products and/or services supplied by In Gold We Trust.

Complaints

1. The customer must examine a product or service provided by In Gold We Trust as soon as possi- ble for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably ex- pect from the agreement, the customer must inform In Gold We Trust of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

3. Consumers must inform In Gold We Trust of this within two months after detection of the shortco- mings.
4. The customer gives a detailed description as possible of the shortcomings, so that In Gold We Trust is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the par- ties.
6. If a complaint relates to ongoing work, this can in any case not lead to In Gold We Trust being forced to perform other work than has been agreed.

Marketplaces

  1. You are only allowed so our brand in your own physical store(s) and on your own official website.

  2. Selling our brand(s) trough all other sales platform is expressly prohibited

Giving notice

  1. The customer must provide any notice of default to In Gold We Trust in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches In Gold We Trust (in

time).

Joint and several Client liabilities

If In Gold We Trust enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to In Gold We Trust under that agreement.

Liability of In Gold We Trust

1. In Gold We Trust is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If In Gold We Trust is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

3. In Gold We Trust is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If In Gold We Trust is liable, its liability is limited to the amount paid by a closed (professional) liabi- lity insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indica- tive and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from In Gold We Trust shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the pro- visions in article 6:89 of the Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if In Gold We Trust imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by In Gold We Trust is not permanent or temporarily impossible, dissolution can only take place after In Gold We Trust is in default.
3. In Gold We Trust has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give In Gold We Trust good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of In Gold We Trust in the fulfillment of any obligation to the customer cannot be attributed to In Gold We Trust in any situation independent of the will of In Gold We Trust, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from In Gold We Trust .

2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure
of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport pro- blems, bad weather conditions and work stoppages.

3. If a situation of force majeure arises as a result of which In Gold We Trust cannot fulfill one or more obligations towards the customer, these obligations will be suspended until In Gold We Trust can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both par- ties may dissolve the agreement in writing in whole or in part.
5. In Gold We Trust does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to chan- ge or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

  1. In Gold We Trust is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by In Gold We Trust with the customer in advance as

much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the ge- neral terms and conditions.

Transfer of rights

1. The customer can not transfer its rights deferring from an agreement with In Gold We Trust to third parties without the prior written consent of In Gold We Trust .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what In Gold We Trust had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where In Gold We Trust is established is exclusively competent in

case of any disputes between parties, unless the law prescribes otherwise.

 

 

 

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