Legal notice

Reflection period: the period during which the consumer can exercise the right of withdrawal.

Consumer: the natural person who is not acting on behalf of a company or profession and enters into a distance contract with the entrepreneur.

Day: calendar day

A long-term transaction: a distance contract relating to a series of products and services whose delivery obligation and purchase are spread over a certain period.

Durable medium: any instrument that enables the recipient or the entrepreneur to store information that is addressed to him personally in a way that is accessible for a future period for the purpose of the information and with which the stored information can be reproduced unchanged.

Right of withdrawal: the possibility for the consumer to terminate the distance contract within the cooling-off period.

Ondernemer: de natuurlijke persoon of onderneming die producten op afstand aan consumenten aanbiedt.

Overeenkomst op afstand: een overeenkomst op basis van een door bedrijven georganiseerd systeem voor verkoop op afstand van producten en diensten, waaronder het sluiten van een overeenkomst met behulp van een of meer technieken voor communicatie op afstand.

Techniek voor communicatie op afstand: een middel dat kan worden gebruikt om een overeenkomst te sluiten zonder dat de consument en de ondernemer gelijktijdig op dezelfde plaats zijn samengekomen.

Article 2 - Business identity / entrepreneur

Registered business name: Passero BV
Address: Hoek 128, 2850 Boom
Telephone number: +32 456 971 242
Email: margot@passerojewels.com
VAT identification number: BE1015.548.626

Article 3 - Relevance

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.Before the distance contract is concluded, the text of the general terms and conditions will be made available to the consumer. If it is not reasonably possible to indicate before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and, at the consumer's request, these general terms and conditions will be sent to the consumer as soon as possible at no extra cost.

If the distance contract is concluded electronically, notwithstanding the previous article and before the distance contract is concluded, the text of the general terms and conditions may be made available to the consumer electronically so that the text can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the consumer can find the general terms and conditions electronically and that these terms and conditions will be sent to the consumer electronically or otherwise at the consumer's request at no additional cost. In the event that, in addition to these general terms and conditions, specific product and service terms and conditions also apply, the second and third articles shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may invoke the relevant terms and conditions that are most favorable to the consumer.

Article 4 - Offer

If an offer has a limited validity or other specifications, this will be explicitly stated.
The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the products/services. The images used by the entrepreneur are a true representation of the products and services. Obvious errors and mistakes are not binding on the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the offer when it is accepted by the consumer. This concerns in particular:

• price including taxes
• possible delivery costs
• the manner in which the agreement was concluded and the necessary signatures
• whether the right of withdrawal applies
• the method of payment, delivery, and performance of the contract
• the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
• the level of the rate for remote communication if the costs for using the technology for remote communication are calculated on a basis other than the regular rate for communication
• whether the agreement has been archived after conclusion and, if so, how it can be consulted by the consumer
• the manner in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if necessary, also correct it
• any other languages, including Dutch, for the contract
• the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult the codes of conduct electronically; and
  the minimum duration of the distance contract in the case of a continuing performance contract..

Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take the necessary security measures.

The entrepreneur may, within the legal framework, report or check whether the consumer can meet the payment obligations, and also check all important facts and factors necessary to conclude a sound distance contract. If, based on research, the entrepreneur has good reasons not to conclude the contract, he has the right to justify and refuse an order/request or to attach special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, in writing or in such a way that the consumer can store the data in an accessible manner on a durable medium:
a. The address of the company for the consumer to submit complaints
b. The conditions and manner in which the consumer can exercise the right of withdrawal and a clear indication regarding the exclusion of the right of withdrawal.
c. Information about guarantees and after-sales services
d. Article 4, paragraph 3, unless the entrepreneur has already sent this information before the execution of the agreement.
e. The requirements for terminating the agreement if the agreement has a duration of one year or longer or is of indefinite duration.
In the case of a long-term transaction, the previous clause e. only applies to the first delivery.

Article 6 - Right of withdrawal

Delivery of products:
After purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. The cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer has received the product from the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they wish to exercise the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

Provision of services:
After the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement was entered into.
To exercise the right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur in the offer or ultimately in the provision of the service.

Article 7 - Withdrawal costs

If the consumer exercises the right of withdrawal, he will only have to pay the costs of returning the product. If the consumer has paid, the entrepreneur must refund this amount as soon as possible, but no later than 14 days after the withdrawal or after the return shipment.

Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this and at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products that are manufactured by the entrepreneur according to the consumer's specifications:
b. That are clearly personal in nature
c. That cannot be returned due to their nature
d. That can spoil or age quickly
e. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence
f. Individual newspapers and magazines
g. Audio and video recordings and computer software whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for the following services:
a. Concerning accommodation, transport, restaurants, or leisure activities on a specific date or during a specific period.
b. Whose delivery has begun with the consumer's express consent before the cooling-off period has expired.
c. Betting, gambling, and lotteries.

Article 9 - Prices
During the period of validity stated in the offer, the prices of the products and services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products and services with variable prices if these prices are subject to fluctuations in the financial market and the entrepreneur has no influence. This dependence on fluctuations and the fact that the prices quoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and they are the result of legal regulations or provisions. Alternatively, the consumer is entitled to terminate the agreement from the day on which the price increase takes effect. The prices stated in the offer include VAT.

Article 10 - Conformity and guarantees
The entrepreneur ensures that the products and services comply with the agreement, ensures the specifications stated in the offer, ensures reasonable requirements, reliability, and/or usability, and ensures compliance with existing legal provisions and/or government regulations on the date of establishment. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 - Delivery and performance
The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for services.

The address provided by the consumer to the entrepreneur will be considered the place of delivery.

Taking into account the provisions of Article 4 of the general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a longer period has been agreed.

If delivery is delayed or if a delivery cannot be made or can only be made in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without further costs and is entitled to compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement product. At least before delivery, the fact that a replacement product is being delivered will be clearly and comprehensibly stated. The right of withdrawal cannot be excluded with regard to replacement products. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise. If you receive a damaged product, you must report this by email within three days. You can send this email to the email address provided at the bottom of this page.

Article 12 - Transaction Duration: Duration, Termination, and Extension

Termination
The consumer may terminate an agreement concluded for an indefinite period and providing for the regular delivery of products (including electricity) and services at any time, subject to the applicable termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and providing for the regular delivery of products (including electricity) or services at the end of the fixed period at any time, subject to the applicable notice periods of no more than one month.

In the agreements referred to in the previous paragraph, the consumer may:
terminate at any time without restrictions on termination at a specific time or during a specific period;
at least terminate in the same manner as when they were concluded;
terminate at any time with the same notice period that the entrepreneur has obtained for itself.

Extension
A fixed-term agreement for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of newspapers, weeklies, and magazines may be automatically extended for a fixed period of three months. If the consumer can cancel this extended agreement at the end of the extension period with one month's notice.

A fixed-term agreement for the regular delivery of products and services may only be automatically extended for an indefinite period if the consumer cancels it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement provides for the regular delivery, but less than once a month, of newspapers, weeklies, and magazines. An agreement entered into for a fixed period and providing for regular delivery of newspapers, weeklies and magazines (trial and introductory subscription) is not automatically extended and ends automatically at the end of the trial or introductory period.

Duration
If an agreement has a term of more than one year, the consumer may cancel it at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed term.

Article 13 Payments

Unless otherwise agreed, the consumer must pay the amounts due within 7 days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, the cooling-off period begins after the consumer has received confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed payment has been made.

The consumer is obligated to inform the entrepreneur of any inaccuracies in the payment details. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been made known to the consumer in advance.

Article 14 - Complaints
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation and an indication of when the consumer will receive a more detailed answer.

If a complaint cannot be resolved amicably, it constitutes a dispute subject to the dispute resolution procedure.

Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

In the event of a dispute, the consumer can contact the WebwinkelKeur Foundation, which will mediate free of charge. If both parties cannot reach a resolution, the consumer has the option to have their complaint handled by the GeschilOnline Foundation (GeschilOnline.nl Foundation). The decision of this foundation is binding, and both the consumer and the entrepreneur accept this binding decision.

Article 16 - Additional and Deviating Provisions
Additional or deviating provisions from the General Terms and Conditions may not be detrimental to the consumer and must be recorded in writing in such a way that the consumer can store them in an accessible manner on a durable medium.