Terms & Conditions

Terms and Conditions

Terms and Conditions LzDIAMOND Customs

Table of contents:

Article 1		- Definitions
Article 2		- Identity of LzDIAMOND Customs
Article 3		- Applicability
Article 4		- The offer
Article 5		- The agreement
Article 6		- Right of withdrawal
Article 7		- Exclusion of right of withdrawal
Article 8		- Data management
Article 9		- The price
Article 10		- Compliance and warranty
Article 11		- Delivery and Implementation
Article 12		- Duration transactions: duration, cancellation and extension
Article 13		- Payment
Article 14		- Retention of title
Article 15		- Complaints procedure
Article 16		- Disputes
Article 17		- Additional or different stipulations

Article 1 - Definitions

In these conditions the following terms have the following meanings:

Additional agreement: an agreement in which a client obtains products, services, digital products/services through a distance agreement. These goods or services will be produced or delivered by LzDIAMOND Customs or a third party supplier that has an agreement with LzDIAMOND Customs.
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with LzDIAMOND Customs;
Day: calendar day;
Digital content: digitally produced or delivered data;
Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and / or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or LzDIAMOND Customs to store information that is addressed to him personally in a way that allows 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;
LzDIAMOND Customs: the natural or legal person who offers products and / or services to consumers at a distance;
Distance agreement: an agreement in which, within the framework of a system for distance selling of products and / or services organized by LzDIAMOND Customs, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Model form: All the products LzDIAMOND Customs offers are custom-made and therefore non-refundable, except for the accessories.
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and LzDIAMOND Customs coming together in the same room at the same time.

Article 2 - Identity of LzDIAMOND Customs

LzDIAMOND Customs Eenmanszaak

Vathorst, Amersfoort

Email address: info@lzdiamondcustoms.com

Telephone number: +31626406728

Chamber of Commerce number: 77109554

VAT identification number: NL003147548B21

Article 3 - Applicability

These Terms & Conditions are applicable to all that LzDIAMOND Customs offers and to all agreements reached between LzDIAMOND Customs and the costumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at LzDIAMOND Customs and they will be sent free of charge at the request of the consumer.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can be easily son a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If at any time one or more provisions in these general terms and conditions are wholly or partially void or are nullified, the agreement and these terms and conditions will continue to apply and the provision in question will be immediately replaced by a provision that, in consultation, from the original as close as possible.
Situations not covered by these terms and conditions should be assessed “in the spirit” of these terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. LzDIAMOND Customs 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 allow a proper assessment of the offer by the consumer. If LzDIAMOND Customs uses images, these are a truthful representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind LzDIAMOND Customs.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Pictures with products are a true representation of the products offered. LzDIAMOND Customs cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

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 corresponding conditions.
If the consumer has accepted the offer electronically, LzDIAMOND Customs will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by LzDIAMOND Customs, the consumer can dissolve the agreement.
If the agreement is concluded electronically, LzDIAMOND Customs will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, LzDIAMOND Customs will observe appropriate security measures.
LzDIAMOND Customs can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, LzDIAMOND Customs has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
LzDIAMOND Customs will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the email adress of LzDIAMOND Customs (info@lzdiamondcustoms.com) where the consumer can go with 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 guarantees and existing after-sales service;
the price of the product/service/digital product including all taxes shipping costs if applicable and the payment methods, delivery or distance agreement;

Article 6 - Right of withdrawal:

This only applies to non-customized products (accessories):

The consumer can cancel the purchase of a product without stating a reason within 14 days of purchasing the product. LzDIAMOND Customs is allowed to ask the consumer for the reason of the withdrawal, but the consumer is by no means obligated to give a reason.
the right of withdrawal period stated in section 1 starts as soon as the consumer received the product, or:
if the consumer ordered multiple products in one order: the day on which the consumer received the last product they ordered. LzDIAMOND Customs is allowed to, if the consumer was clearly informed about this refuse orders containing multiple items with different shipping dates;
if the delivery of a product consists of various shipments or parts: the day on which the consumer received the last shipment or item.
During the time frame specified in section 1 the consumer will carefully handle both the product and the packaging. The product will only be unpacked in a way necessary to test the product itself. Consumers handle the product like they would when doing a physical in-store check. The product should be returned as received in the original condition and packaging.
The consumer cannot be held liable for a depreciation of the product if LzDIAMOND Customs has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
If a consumer uses his right of withdrawal, LzDIAMOND Customs should be notified within the set term from section 1.
As soon as possible, but specifically within 14 days as specified in section 1 the consumer returns the product to LzDIAMOND Customs. If LzDIAMOND Customs offered to pick up the product, there is no need to send it. The consumer has taken the withdrawal-term in consideration when sending back any product before the return period has expired.
The consumer returns the product including everything they received, unused, in original condition and state and packaging, as instructed by LzDIAMOND Customs.
Both the risk and the burden of proof considering withdrawals are on the consumer considering withdrawals.
If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account. LzDIAMOND Customs only bears the costs of withdrawals if this was specifically stated by LzDIAMOND Customs.
LzDIAMOND Customs uses the same payment method for withdrawals that was used by the consumer, unless the consumer agrees to another method.
If the consumer has paid an amount, LzDIAMOND Customs will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.

Article 7 - Exclusion of right of withdrawal

All products besides the accessories offered by LzDIAMOND Customs qualify as ‘special’, which means withdrawals and refunds are not applicable.

LzDIAMOND Customs is allowed to exclude certain products from withdrawals and and returns, but only if this was clearly stated by LzDIAMOND Customs before the product was purchased:

Products or services of which the price is tied to fluctuations on the financial markets that are not influenced by LzDIAMOND Customs, even if they are within the withdrawal period;
Products that are specifically made for said consumer, products that are not prefabricated and are being custommade to individual wishes by the consumer;
Sealed products that have been unsealed after delivery and might pose danger for hygienic reasons.
Products that after delivery are mixed with other products therefore changing the nature of the product;

Article 8 - Data management

If you place an order at LzDIAMOND Customs, your data will be stored in the LzDIAMOND customer base. LzDIAMOND Customs complies with the Wet Persoonsregistraties (Data Registration Act) and will never provide any third part with your information.
LzDIAMOND Customs respects the privacy of all users of https://lzdiamondcustoms.com/ and the security of your personal data will always be a priority.
LzDIAMOND Customs uses mailing lists in certain situations. Every mailing will have instructions to unsubscribe from this mailing list.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, LzDIAMOND Customs can offer products or services whose prices are subject to fluctuations in the financial market and over which LzDIAMOND Customs has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are 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 LzDIAMOND Customs has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT, unless specifically stated differently.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, LzDIAMOND Customs is not obliged to deliver the product at the incorrect price.
Offers are without obligation, unless the offer states so specifically.
When a consumer accepts a non-binding offer, LzDIAMOND Customs reserves the right to cancel or change the offer within 3 business days.
Verbal promises bind LzDIAMOND Customs only after they are clearly confirmed in written form.
Offers made by LzDIAMOND Customs are not automatically transferred to backorders.
Additions, changes and other agreements are only applicable after written agreement between consumer and LzDIAMOND Customs.

Article 10 - Compliance and Warranty

LzDIAMOND Customs guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, LzDIAMOND Customs also guarantees that the product is suitable for other than normal use.
A guarantee provided by LzDIAMOND Customs, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against LzDIAMOND Customs under the agreement. Any defects or incorrectly delivered products must be reported to LzDIAMOND Customs in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
LzDIAMOND Customs’ warranty period corresponds to the factory warranty period. However, LzDIAMOND Customs is never 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.
The warranty does not apply if:

The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are in conflict with the instructions of LzDIAMOND Customs and / or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11- Duration transactions: duration, cancellation and extension

LzDIAMOND Customs will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to LzDIAMOND Customs.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, 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 contract at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
After dissolution as stated in the previous section LzDIAMOND Customs will refund the sum paid by the customer without delay.
If delivery of an ordered product proves to be impossible, LzDIAMOND Customs will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items the right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the LzDIAMOND Customs.
The risk of damage and / or loss of products rests with LzDIAMOND Customs until the moment of delivery to the consumer or a pre-designated and representative announced to LzDIAMOND Customs, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation:

The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of top one month.
In reaction to the previous sections the consumer can:

cancel at any time and not be limited to cancellation at a specific time or in a specific period;

at least cancel in the same way as they have been entered into by him;

always cancel with the same notice period as LzDIAMOND Customs has stipulated for himself.

Extension:

A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, if the consumer has this extended contract for a can terminate the extension with a notice period of up to one month.
A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

The consumer pays due amounts for purchases at https://lzdiamondcustoms.com/ through payment methods as provided by LzDIAMOND Customs, unless both consumer and LzDIAMOND Customs agree to use a different payment method.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the obligation to report inaccuracies in payment details provided or stated to LzDIAMOND Customs without delay.
In case of default by the consumer, LzDIAMOND Customs has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions. This means: the consumer owes legal interest over the due amount to LzDIAMOND Customs. LzDIAMOND Customs therefore has the right to collect extrajudicial collection costs. These collections are maxed out at 15% of the amount due up to 2500 euro’s; 10% on the following 2500 euro’s and; 5% over the following 5000 euro’s with a minimum of 40 euro’s. LzDIAMOND Customs reserves the right to change these rates, but only in favor of the consumer.

Article 14 - Retention of title

If you place an order at LzDIAMOND Customs, your data will be stored in the LzDIAMOND customer base. LzDIAMOND Customs complies with the Wet Persoonsregistraties (Data Registration Act) and will never provide any third part with your information.
Ownership of all goods supplied by LzDIAMOND Custom remains in the hands of LzDIAMOND Customs as long as the consumer has not completed all of the agreements between him/her and LzDIAMOND Customs.
Any goods supplied by LzDIAMOND under retention of title can only be resold under normal business operations. They can never be used as a payment method.
The consumer is not authorized to pawn any goods under retention of title.
The consumer unconditionally and irrevocably allows LzDIAMOND Customs to enter any location in which LzDIAMOND Customs’ possessions are located and allows LzDIAMOND Customs to take these freely.
If a third party confiscated goods supplied under retention of title, the consumer is obliged to contact LzDIAMOND Customs as soon as reasonably possible.
By retention of title the consumer obligates him/herself to insure their ordered goods against fire, explosion and water-damage besides theft and obligates him/herself to show LzDIAMOND Customs their policy schedule at first request.

Article 15 - Complaints procedure

LzDIAMOND Customs has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be
submitted fully and clearly described to LzDIAMOND Customs within 14 days, after the consumer has discovered the defects.
Complaints submitted to LzDIAMOND Customs will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, LzDIAMOND Customs will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
A consumer allows LzDIAMOND Customs at least 4 weeks to resolve an issue together.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
A complaint does not suspend LzDIAMOND Customs’ obligations, unless LzDIAMOND Customs indicates otherwise in writing.
If a complaint is found to be well-founded by LzDIAMOND Customs, LzDIAMOND Customs will replace or repair the products delivered free of charge at its choice.

Article 16 - Disputes

Only Dutch law applies to agreements between LzDIAMOND Customs and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 17 - Additional or different stipulations

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.