Terms and Conditions
General terms and conditions Diamant Dromen
E-mail: contact@diamantdromen.nl
Website: www.diamantdromen.nl
Article 1 - Definitions
Diamant Dromen: located in Alkmaar, Chamber of Commerce number 84745533.
Customer: the person with whom Diamant Dromen has entered into an agreement.
Parties: Diamond Dreams and Customer together.
Consumer: a Customer who is also an individual and who acts as a private person.
Article 2 - Applicability
These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Diamant Dromen.
Diamant Dromen and the Customer can only deviate from these conditions if this has been agreed in writing.
Diamant Dromen and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
Article 3 - Prices
Diamant Dromen uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
Diamant Dromen may always change the prices of its services and products on its website and in other communications.
Increases in the cost prices of products or parts thereof, which Diamant Dromen could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Article 4 - Samples and models
When the Customer has received a sample or model of a product, he can derive no rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered with the sample or model.
Article 5 - Payments and payment term
Diamant Dromen may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The Customer must make a subsequent payment within 1 month after delivery.
The payment terms used by Diamant Dromen are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Diamant Dromen having to send the Customer a reminder or give notice of default.
Diamant Dromen may make delivery dependent on immediate payment or require security for the total amount of the services or products.
Article 6 - Right of complaint
If the Customer is in default, Diamant Dromen may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
Diamant Dromen exercises its right of recovery by sending a written or electronic message to the Customer.
As soon as the Customer has been informed of the invoked right of recovery, the Customer must purchase the relevant products immediately return to Diamant Dromen, unless otherwise agreed in writing.
The Customer pays the costs for retrieving or returning the products in paragraph 3.
Article 8 - Right of withdrawal
A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply if:
the product has been used
it is a product that can spoil quickly, such as food or flowers
it is a product that has been tailor-made or adapted especially for the consumer
it is a product that cannot be returned for hygienic reasons , such as underwear or swimwear,
the seal is not intact, when it concerns data carriers with digital content, such as DVDs or CDs,
the product or service is accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity,
the product concerns a loose magazine or individual newspaper,
the consumer has waived his right of withdrawal.
The reflection period of 14 days in paragraph 1 starts:
on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has confirmed that he wants digital content via the internet will decrease.
The consumer can use his cooling-off period by sending an email with that subject to customerservice@huisdeocratieparadijs.nl , possibly using the withdrawal form available on the Diamant Dromen website, www.diamantdromen.nl.
The consumer must return the product to Diamant Dromen within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.
Article 9 - Reimbursement of delivery costs
If the consumer has revoked his purchase on time and has returned the complete order to Diamant Dromen on time, Diamant Dromen will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time. refund the consumer.
The costs for delivery will only be borne by Diamant Dromen if the entire order is returned.
Article 10 - Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.
Article 11 - Right of retention
Diamant Dromen may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of Diamant Dromen, unless the Customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to Diamant Dromen.
Diamant Dromen is not liable for any damage that the Customer suffers due to the use of his right of retention.
Article 12 - Retention of title
Diamant Dromen remains the owner of all delivered products until the Customer has paid all outstanding invoices from Diamant Dromen relating to an underlying agreement, including claims due to failure to comply.
Until that time in paragraph 1, Diamant Dromen can exercise its retention of title and take back the goods.
Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
If Diamant Dromen makes use of its retention of title, the agreement will be canceled and Diamant Dromen may demand compensation, lost profit and interest from the Customer.
Article 13 - Delivery
Delivery takes place while stocks last.
Delivery takes place at Diamant Dromen, unless otherwise agreed.
Delivery of products ordered online takes place at the address specified by the Customer.
If the Customer does not pay the agreed amounts or does not pay them on time, Diamant Dromen may suspend its obligations until the Customer pays.
In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to Diamant Dromen for late delivery.
Article 14 - Delivery time
Diamant Dromen's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from Diamant Dromen.
The Customer will not receive any compensation and may not cancel the agreement if Diamant Dromen delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Diamant Dromen cannot deliver within 14 days, after having been notified in writing or if the Customer and Diamant Dromen have agreed otherwise.
Article 15 - Actual delivery
The Customer must ensure that the actual delivery of his ordered products can take place on time.
Article 16 - Transport costs
The Customer pays the costs for transport, unless the Customer and Diamant Dromen have agreed otherwise in writing.
Article 17 - Packaging and shipping
If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold Diamant Dromen liable for any damage.
If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Diamant Dromen prior to transport. If the Customer does not do this, he cannot hold Diamant Dromen liable for any damage.
Article 18 - Storage
If the Customer does not accept ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.
Article 19 - Warranty
The warranty on products only applies to defects caused by improper manufacturing or construction or defective materials.
The warranty does not apply:
- in the case of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage due to negligence or improper use by the Customer
- when the cause of the defect cannot be made clear
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time when they are legally and/or actually delivered, or at least come under the control of the Customer or from a third party who receives the product on behalf of the Customer.
Article 20 - Exchange
The Customer may exchange a purchased item. The following conditions apply:
exchange takes place within 14 days after purchase, whereby the Customer can show the original invoice
the product is returned in the original packaging and with the original price tag attached
the product has not yet been used
Discounted items, perishable products, on custom-made items or items specially adapted for the Customer cannot be exchanged.
Article 21 - Indemnification
The Customer indemnifies Diamant Dromen against all claims from others related to the products and/or services supplied by Diamant Dromen.
Artikel 22 - Klachten
De Klant moet een door Diamant Dromen geleverd product of verleende dienst zo snel mogelijk onderzoeken op eventuele tekortkomingen.
Beantwoordt een geleverd product of verleende dienst niet aan dat wat de Klant redelijkerwijs mocht verwachten, dan moet de Klant Diamant Dromen daarvan op de hoogte te stellen binnen 1 maand na het vaststellen van de tekortkoming.
Een consument moet uiterlijk binnen 2 maanden na het vaststellen van de tekortkoming Diamant Dromen hiervan op de hoogte stellen.
De Klant geeft daarbij een zo gedetailleerd mogelijke omschrijving van de tekortkoming, zodat Diamant Dromen hierop gepast kan reageren.
De Klant moet aantonen dat de klacht betrekking heeft op een overeenkomst tussen de Klant en Diamant Dromen.
Wanneer een klacht gaat over lopende werkzaamheden, dan kan de Klant niet eisen dat Diamant Dromen andere werkzaamheden gaat verrichten dan is afgesproken.
Artikel 23 - Ingebrekestelling
De Klant moet een eventuele ingebrekestelling schriftelijk kenbaar maken aan Diamant Dromen.
De Klant is ervoor verantwoordelijk dat zijn ingebrekestelling Diamant Dromen ook daadwerkelijk op tijd bereikt.
Artikel 24 - Aansprakelijkheid Klant
Wanneer Diamant Dromen een overeenkomst aangaat met meerdere Klanten, is ieder van hen hoofdelijk aansprakelijk voor het nakomen van de afspraken in die overeenkomst.
Article 25 - Liability Diamant Dromen
Diamant Dromen is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
If Diamant Dromen is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
Diamant Dromen is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
If Diamant Dromen is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.
Article 26 - Expiry Period
Any right of the Customer to compensation from Diamant Dromen expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 27 - Dissolution
The Customer may cancel the agreement if Diamant Dromen imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by Diamant Dromen is still possible, dissolution can only take place after Diamant Dromen is in default.
Diamant Dromen may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or if Diamant Dromen has become aware of circumstances that give it good grounds to assume that the Customer has fulfilled its obligations. will not comply.
Article 28 - Force Majeure
In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Diamant Dromen by the Customer cannot be attributed to Diamant Dromen when there is force majeure.
The force majeure situation in paragraph 1 also includes:
- a state of emergency such as a civil war or natural disaster
- non-performance or force majeure of suppliers, delivery persons or others
- power, electricity, internet, computer or telecom disruptions
- computer viruses -
strikes -
government measures -
transport problems
- bad weather conditions
- work stoppages
If a force majeure situation occurs as a result of which Diamant Dromen cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Diamant Dromen can fulfill them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Diamant Dromen may cancel the agreement in whole or in part in writing.
Diamant Dromen does not have to pay compensation to the Customer in a force majeure situation, even if Diamant Dromen benefits from this.
Article 29 - Changes to an agreement
If it is necessary to change a concluded agreement for its implementation, the Customer and Diamant Dromen can adjust the agreement.
Article 30 - Changes to general terms and conditions
Diamant Dromen may change these general terms and conditions.
Diamant Dromen may always make changes of minor importance.
Diamant Dromen will discuss major changes with the Customer in advance as much as possible.
A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.
Article 31 - Transfer of rights
The Customer cannot transfer any rights under an agreement with Diamant Dromen to others without written permission from Diamant Dromen.
This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 32 - Consequences of nullity or voidability
If 1 or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Diamant Dromen had in mind on that point when drawing up the conditions.
Article 33 - Applicable law and competent court
Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Diamant Dromen.
The judge in the district where Diamant Dromen has its registered office has exclusive jurisdiction to hear any disputes between the Customer and Diamant Dromen, unless the law provides otherwise.
