Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Diamondsty

Chamber of Commerce (KvK) number: 97006238

VAT: NL867871258B01

Keizersgracht 62, 1015CS, Amsterdam, Netherlands (not a visiting address)

Email: care@diamondsty.com

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions may be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay, by mutual consultation, by a provision that approximates the purport of the original as closely as possible.

Situations not covered by these terms and conditions must be assessed in accordance with the spirit of these terms and conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs shall be for the account and risk of the customer. The postal and/or courier service will make use of the special scheme for postal and courier services with regard to the import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after conclusion and, if so, how the consumer can consult it;
the manner in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colours, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.

The entrepreneur may, within the limits of the law, inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the contact address of the entrepreneur where the consumer can submit complaints;
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;
information about warranties and existing after-sales service;
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

The consumer has the right to withdraw from the contract within 14 days without giving reasons. This period commences on the day after the consumer, or a third party designated by them, has received the product.

The consumer makes their right of withdrawal known by sending an email within 14 days of receipt to care@diamondsty.com with the digitally completed and signed return form. After this notification, the consumer has a further 14 days to actually return the product.

The costs of returning the product are entirely for the account of the consumer.

Returns must always be sent with track & trace. The consumer is responsible for a carefully packaged and demonstrably shipped return. Diamondsty accepts no liability for lost, delayed or damaged returns.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be handled and inspected to the extent permitted in a physical shop.

If the product or packaging has been used more than necessary, is damaged, is incomplete, or shows clear signs of use, Diamondsty reserves the right to apply a reduction in value. In exceptional cases, where the product is no longer saleable, this reduction in value may amount to 100%.

A return is only accepted if the product:

is returned in its original condition;
is complete and undamaged;
is provided with the original packaging (insofar as reasonably possible).

Exceptions to the right of withdrawal:

Withdrawal is excluded for products:

that cannot be returned for reasons of hygiene or health once the seal has been broken (such as underwear, personal care items, skin- and mouth-contact products, cosmetics);
that have been manufactured according to the consumer's specifications (made to measure);
that are personalised;
digital products and downloads to which access has already been granted.

Diamondsty processes returns as quickly as possible after receipt. We refund within 14 days of the return notification, but may wait to refund until the product has actually been received. Refunds are made by bank transfer. The consumer must provide a correct IBAN number for this purpose.

If the consumer does not notify their withdrawal within the periods referred to above or does not return the product in time, the right of withdrawal lapses and the purchase is final.

The right of withdrawal as described in this article applies exclusively to consumers.

For business customers (B2B), the right of withdrawal is entirely excluded.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the account of the consumer.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

that have been manufactured according to the consumer's specifications (made to measure);
that are clearly personal in nature;
that by their nature cannot be returned (e.g. opened packaging that poses medical risks);
that spoil quickly or whose shelf life expires quickly;
whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
for sealed audio and video recordings or computer software whose seal has been broken after delivery;
for individual newspapers, journals and magazines, except subscriptions;
for sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant activities or leisure activities, if the contract provides for a specific date or period of performance;
the performance of which has begun with the consumer's express prior consent and where the consumer has declared that they waive their right of withdrawal;
relating to bets and lotteries.

Article 9 – The price

The prices of products stated on the Diamondsty website are inclusive of VAT (where applicable) and exclusive of shipping costs, unless stated otherwise.
Diamondsty reserves the right to change prices at any time. The price displayed at the time of the order is the applicable price for that purchase.
Obvious errors or mistakes in pricing are not binding on Diamondsty. In the event of printing, typesetting or programming errors, Diamondsty is not obliged to deliver the product at the incorrect price.
Where applicable, Diamondsty clearly states when additional costs such as shipping, import or customs charges apply.

Article 10 – Conformity and Warranty

Diamondsty applies the manufacturer's warranty as provided by the manufacturer or supplier of the product. The scope and conditions of the warranty are equal to the warranty applied by the manufacturer or supplier.

Diamondsty assesses warranty claims and will, if necessary, forward them to the relevant manufacturer or supplier for further assessment. In doing so, Diamondsty acts as an intermediary.

A warranty provided by the manufacturer or supplier does not affect the statutory rights the consumer has under the contract with Diamondsty.

Any defects or incorrectly delivered products must be reported to Diamondsty in writing within 14 days of delivery. The product must be returned in its original packaging and in as-new condition, unless the defect makes this impossible.

The warranty does not apply if:

the product has been repaired, modified or opened by the consumer or third parties without Diamondsty's permission;
the product has been exposed to incorrect or abnormal conditions, has been handled carelessly, or has been used contrary to the instructions for use;
damage has arisen from external causes, such as falling, knocks, water or heat damage;
the damage is the result of government regulations or statutory changes relating to the materials used.

Diamondsty is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

Article 11 – Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and carrying out orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated about this in Article 4 of these terms and conditions, the company will carry out accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out, or can only be carried out in part, the consumer will be notified of this no later than 30 days after placing the order.

Delays caused by carriers or circumstances beyond Diamondsty's control do not entitle the consumer to dissolve the contract or to any form of compensation. Delays do not entitle the consumer to compensation. Dissolution is only possible where the delay is excessive and Diamondsty has confirmed in writing that delivery is no longer possible.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.

If an ordered product proves not to be deliverable, Diamondsty will notify the consumer as soon as possible. In that case, the consumer may choose to cancel the order, after which Diamondsty will refund the amount paid within 14 days.

The risk of loss of or damage to products rests with Diamondsty until the moment the product has been delivered to the delivery address provided by the consumer, or has been handed over to a person or collection point designated by the consumer. From that moment, the risk passes entirely to the consumer.

Article 12 – Liability

Diamondsty's liability is limited to what is provided for in these Terms and Conditions.

To the extent permitted by law, any form of direct or indirect damage, consequential damage, lost profit, loss of turnover, loss of income, loss of data, material damage, immaterial damage or any other form of damage is excluded.

Diamondsty is not liable for damage that has arisen from:

incorrect, improper or deviating use of the product;
failure to follow instructions for use or warnings;
modifications or repairs by the consumer or third parties;
external causes such as fire, water, heat, power failures, incorrect installation or improper maintenance;
incorrect assembly, attachment or installation of products by the consumer.

If, notwithstanding the above, Diamondsty should nevertheless be liable, that liability is at all times limited to the amount of the order to which the liability relates.

Nothing in these terms and conditions limits or excludes statutory liability to the extent that exclusion is not permitted by law, including liability for damage caused by a defective product within the meaning of the EU Product Liability Directive.

The consumer remains responsible at all times for the safe, correct and careful use of products that carry potential risk (such as electronic products, lighting, batteries, heat-producing products or toys). Diamondsty cannot be held liable for damage resulting from incorrect, unsafe or careless use.

Article 13 – Payment

Payments for orders placed with Diamondsty must be made immediately upon placing the order, using one of the payment methods offered on the website.

The consumer is responsible for providing correct payment and billing details.

Diamondsty reserves the right to cancel an order in the event of fraud, misuse or an incorrect payment.

Article 14 – Complaints procedure

The consumer must submit complaints about the performance of the contract to Diamondsty as soon as possible, fully and clearly described, by email or via the contact form on the website.

Complaints are answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgement of receipt within 14 days and an indication of when a substantive response can be expected.

Submitting a complaint does not suspend the consumer's payment obligation or other obligations.

If a complaint is found to be justified, Diamondsty will, in consultation with the consumer, offer a suitable solution, such as repair, replacement or a refund, depending on the nature of the product and the complaint.

Article 15 – Disputes

All contracts between Diamondsty and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. This is without prejudice to any mandatory consumer protection of the country in which the consumer resides.

Article 16 – Retention of title

All products delivered remain the property of Diamondsty until the consumer has paid all outstanding amounts in full. As long as title has not passed, the consumer may not pledge, resell or otherwise encumber the products.

Article 17 – Privacy Policy

Diamondsty processes the consumer's personal data in accordance with the privacy policy available on the website. This policy describes which data is collected, for which purposes it is used and which rights the consumer has with regard to their personal data.