General terms & conditions
for delivery of parlAmore®© mourning jewelry
parlAmore, based in Amsterdam (the Netherlands), registered with the Chamber of Commerce under number 34249319, hereinafter referred to as parlAmore. All other relevant address details of parlAmore are mentioned on the website under ‘contact’. By placing an order, you agree to the parlAmore terms and conditions.
Article 1. Definitions
parlAmore mourning jewelry:the range of mourning jewelry produced and supplied by Helena van Essen in Amsterdam; also the owner of parlAmore about copyright, depositary of the trademark (depositary number 1126992).
Purchaser: the client for the delivery of a parlAmore mourning jewelry.
Recipient: the addressee of the ordered parlAmore mourning jewelry.
Personalization of the jewelry: It is possible to personalize the products in the ways described on the website.
Article 2. Applicability of these conditions
These terms and conditions apply to every agreement between parlAmore and an purchaser/recipient unless the parties have expressly deviated from these terms and conditions in writing.
Article 3. Prices
All prices are in euros, including the applicable VAT rate. We reserve the right to make any price changes and printing errors.
Article 4. Shipping costs
The shipping costs are stated when placing the order.
Article 5. Pay
After placing an order, you will receive a confirmation by e-mail or post with the order number and the total cost, including any additional shipping costs outside the Netherlands. Payment is always done in full and in advance by transferring the invoice amount to Triodos bank account, BIC TRIONL2U, IBAN NL09 TRIO 0390 9678 82 in the name of PARLAMORE, Amsterdam mentioning the order number. The payment must be made within 14 days of the order date. parlAmore is not obliged to deliver as long as the purchaser/recipient has not fulfilled his payment obligations. Different payment arrangements are only valid if agreed in writing in advance.
Article 6. Delivery
The delivery time stated here applies exclusively to orders placed directly with parlAmore and except for force majeure and any periods expressly stated on the website during which no shipment will take place. An order will be processed after receipt of payment. If the goods ordered are not in stock, the purchaser will be contacted as soon as possible.
The period within which the order is offered for dispatch depends on the specific wishes of the purchaser/recipient, whether or not it is a standard product.
The deadlines for a standard product are listed on the website. If it concerns a personalised piece of memorial jewellery, the sent keepsake must be technically suitable for processing. If this is not the case, the purchaser/recipient will be informed about this within 5 (five) working days.
The actual delivery and the possible is carried out by a professional parcel service. Therefore, the receipt date of each shipment also depends on the performance of the carrier. Information on the carrier can be found on the site under Delivery time and delivery. If the purchaser wishes to use a different parcel service than the one offered, this shall be entirely at the expense of the purchaser and shall not be offset against the purchase price.
All clauses in these terms and conditions regarding delivery and delivery time apply exclusively to orders placed directly with parlAmore.
Article 7. Liability for damage before delivery
Transport of orders takes place at the risk of parlAmore. This risk will be transferred to the purchaser/recipient at the moment of the delivery or the moment that can be considered as such, barring legal provisions.
Article 8. Withdraw the order
1. The purchaser/recipient may withdraw the purchase of a piece of jewelry during a cooling-off period of 14 days without giving any reason. parlAmore may ask for the reason of the withdrawal but purchaser/recipient is not obliged to give this reason.
2. The cooling-off period as stipulated in paragraph 1 shall commence on the day following receipt of the product by the purchaser/recipient or a third party previously designated by the purchaser/recipient and other than the carrier. In the case of contracts for regular deliveries of products over a certain period of time, the cooling-off period shall begin on the day on which the first product is received by the purchaser/recipient or a third party designated by the purchaser/recipient.
Article 9. Obligations of the purchaser/recipient during the cooling-off period
1. During the cooling-off period, the purchaser/recipient shall handle the product and its packaging with care. The purchaser/recipient shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic assumption here is that the purchaser/recipient may only handle and inspect the product as would in a shop.
2. The purchaser/recipient shall only be liable for any diminution in value of the product resulting from a handling of the product beyond that permitted in paragraph 1.
3. The purchaser/recipient shall not be liable for any diminished value of the product if parlAmore has not provided the purchaser/recipient with all legally required information on the right of withdrawal before or at the time of concluding the contract.
Article 10. Exercise of the right of withdrawal by the purchaser/recipient and costs thereof
1. If the purchaser/recipient makes use of the right of withdrawal, he will notify parlAmore within the cooling-off period by means of the model form for withdrawal or in another unambiguous way.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the purchaser/recipient will return the product or hand it over to parlAmore. This is not necessary if parlAmore has offered to collect the product themselves. The purchaser/recipient has complied with the return period if he returns the product before the period of time for reflection has expired.
3. The purchaser will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by parlAmore.
4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the purchaser/recipient.
5. The purchaser/recipient will bear the direct costs for returning the product. If parlAmore has not indicated that these costs should be borne by the purchaser/recipient or if parlAmore has indicated that it will bear the costs itself, the purchaser/recipient will not have to bear the costs for return shipment.
6. If the purchaser/recipient makes use of his right of withdrawal, all supplementary contracts will be cancelled by operation of law.
Article 11. Obligations of parlAmore in the event of withdrawal
1. If parlAmore allows the notification of revocation by the purchaser/recipient in an electronic way, parlAmore will send a confirmation of receipt without delay after receipt of this notification.
2. parlAmore will refund all payments made by the purchaser/recipient including any delivery charges made by parlAmore for the returned product without undue delay but within 14 days from the day when the purchaser/recipient notifies parlAmore of the withdrawal. Unless parlAmore offers to collect the product itself, it may delay repayment until it has received the product.
3. parlAmore will refund using the same method of payment as used by the purchaser/recipient unless the purchaser/recipient agrees to a different method. The refund will be free of charge to the purchaser/recipient.
4. If the purchaser/recipient has chosen a more expensive method of delivery than the cheapest standard delivery, parlAmore does not have to refund the additional costs for the more expensive method.
Article 12. Exclusion of the right of withdrawal
The right of withdrawal is excluded for:
○ products which are not prefabricated, which are manufactured according to the specifications of the buyer/receiver and which are manufactured on the basis of an individual choice or decision by the buyer/receiver or which are clearly intended for a specific person;
○ business clients.
The purchaser/recipient can use his right of withdrawal by using the withdrawal form. There are 2 versions, one as a word document to print out and send by post and one to indicate the revocation online. Click here to download the print version and here for the online version.
Article 13. Quality guarantee
parlAmore guarantees that the delivered products meet the specifications mentioned on the website. Exceptions are possible color differences or imperfections which can occur with handmade products and natural products like gemstones. parlAmore will refund the full purchase price if the products are found to be faulty or different from what was ordered.
The purchaser/recipient may also request parlAmore to repair, replace or deliver what is missing.
The purchaser/recipient must inform parlAmore by letter or e-mail within a reasonable time after discovering the defect, but no later than 14 days after receipt of the goods. Non-reported returns will be refused.
All returns will be made as soon as possible and in any case within 14 days after parlAmore has received the return. If a product is returned which in the opinion of parlAmore has been damaged due to maltreatment or negligence by the purchaser/recipient or which is otherwise for the risk of the purchaser/recipient, parlAmore will notify the purchaser/recipient and parlAmore may return the product at the expense of the purchaser/recipient.
Article 14. Exchange
Exchange is not possible.
Article 15. Responsibility
parlAmore shall never be liable for consequential damages.
Article 16. Disclaimer
parlAmore does its best to keep the website as up-to-date as possible, however, one of the items may be out of stock. In that case, the purchaser/recipient will be contacted as soon as possible.
parlAmore will not be held to its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will be dissolved. Force majeure about the agreement means everything that is understood by law and jurisprudence.
Article 17. Privacy
All personal data shall be used exclusively for processing the order and for managing the resulting customer relationship. Personal data will never be made available to third parties.
Article 18. Applicable law
Dutch law shall apply to all agreements and any disputes arising therefrom, and the Dutch court shall have executive jurisdiction.
Article 19. Copyright and Trademark
parlAmore®© Name, concept, design, and website are the property of Helena van Essen in Amsterdam. Nothing may be copied, stored, and/or distributed without her written permission.
2022 Modifications reserved