Policies

General Terms and Conditions

E-mail: hello@lierie.com
Website: lierie.com
 
Definitions

1. LIERIE: K JACOBS MARKETING, established in Nijkerk, Chamber of Commerce no. 83606424.
2. Customer: the party which LIERIE has entered into an agreement with.
3. Parties: LIERIE and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of LIERIE. 
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by LIERIE are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. LIERIE is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
3. Increases in the cost prices of products or parts thereof, which LIERIE could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models 

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Payments and payment term

1. LIERIE may, at the conclusion of the agreement, require a down payment of up to 100% of the agreed amount. 
2. The customer must have paid the full amount at time of purchase.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without LIERIE having to send the customer a reminder or to put him in default. 
4. LIERIE reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Right of recovery of goods 

1. As soon as the customer is in default, LIERIE is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. LIERIE invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to LIERIE, unless the parties agree to make other arrangements about this. 
4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal 

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been usedit is not a product that can spoil quickly, like food or flowersthe product is not specially tailored for the consumer or adapted to its special needsit is not a product that may not be returned for hygienic reasons (earrings, etc.)the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 orderas soon as the consumer has received the first the product of a subscriptionas soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of withdrawal via hello@lierie.com.

4. The consumer is obliged to return the product to LIERIE within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, LIERIE will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to LIERIE in time. 
2. The costs for return are only reimbursed by LIERIE if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer. 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

1. LIERIE can appeal to his right of retention of title and in that case retain the products sold by LIERIE to the customer until the customer has paid all outstanding invoices with regard to LIERIE, unless the customer has provided sufficient security for these payments. 
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to LIERIE.
3. LIERIE is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

The customer waives his right to settle any debt to LIERIE with any claim on LIERIE. 

Retention of title 

1. LIERIE remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to LIERIE under whatever agreement with LIERIE including of claims regarding the shortcomings in the performance.
2. Until then, LIERIE can invoke its retention of title and take back the goods. 
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If LIERIE invokes its retention of title, the agreement will be dissolved and LIERIE has the right to claim compensation, lost profits and interest.

Delivery 

1. Delivery takes place while stocks last.
2. Delivery takes place at LIERIE unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer. 

Delivery period

1. Any delivery period specified by LIERIE is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from LIERIE. 
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless LIERIE cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs 

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which LIERIE may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to LIERIE, failing which LIERIE cannot be held liable for any damage.

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

1. Exchange is only possible if the following conditions are met:

exchange takes place within 14 days after purchase upon presentation of the original invoicethe product is returned in the original packaging or with the original (price) tags still attached to it the product has not been used

2. Discounted items, earrings, etc. cannot be exchanged.

Indemnity

The customer indemnifies LIERIE against all third-party claims that are related to the products and/or services supplied by LIERIE. 

Complaints

1. The customer must examine a product or service provided by LIERIE as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform LIERIE of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
3. Consumers must inform LIERIE of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that LIERIE is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to LIERIE being forced to perform other work than has been agreed. 

Giving notice

1. The customer must provide any notice of default to LIERIE in writing.
2. It is the responsibility of the customer that a notice of default actually reaches LIERIE (in time). 

Joint and several Client liabilities

If LIERIE enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to LIERIE under that agreement. 

Liability of LIERIE

1. LIERIE is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
2. If LIERIE is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. LIERIE is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If LIERIE is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from LIERIE shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if LIERIE imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
2. If the fulfillment of the obligations by LIERIE is not permanent or temporarily impossible, dissolution can only take place after LIERIE is in default. 
3. LIERIE has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give LIERIE good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of LIERIE in the fulfillment of any obligation to the customer cannot be attributed to LIERIE in any situation independent of the will of LIERIE, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from LIERIE . 
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
3. If a situation of force majeure arises as a result of which LIERIE cannot fulfill one or more obligations towards the customer, these obligations will be suspended until LIERIE can comply with it. 
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. LIERIE does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

1. LIERIE is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance can be made at any time. 
3. Major changes in content will be discussed by LIERIE with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with LIERIE to third parties without the prior written consent of LIERIE. 
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what LIERIE had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court in the district where LIERIE is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Attribution

Drawn up on 18 February 2022.

Returns

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.

Due to hygiene reasons, we do not accept returns on earrings.

All of our product descriptions include dimensions and scale information to indicate an accurate representation of the products.

As our products are made of Sterling Silver and Amber, some wear and tear might become apparent after long-term use, especially if exposed to light, moisture or physical damage. This does not mean an item is faulty.

If your item does arrive faulty or damaged during shipping, you may be eligible for a refund. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

In this case, we are happy to refund you fully, and will cover the return postage of the damaged item for you.

Several types of goods are exempt from being returned. These include earrings.

Additional non-returnable items:

- Gift cards
- Downloadable products
- Personal care items
- Workshops and classes

To complete your return, we require a receipt or proof of purchase. Please contact us within 14 days of purchase to settle a return in case the item arrives damaged, attaching images of the damage in your email.

Please do not send your purchase back to Lierie without prior communication.

There are certain situations where only partial refunds are granted (if applicable):

Any item not in its original condition, is damaged or missing parts for reasons not due to our error.

Any item that is returned more than 14 days after delivery.

Refunds

Once your return enquiry is received and inspected, we will send you an email or direct message to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed. You can choose to receive a Lierie E-Gift Card credit or cash refund to the original method of payment.

If you choose the Lierie E-Gift Card credit, you will be issued an email with confirmation within 1-3 days of when we receive the parcel. Your credit will be valid to spend for 6 months of email upon any product in our online store.

If you choose the cash refund, it will automatically be released to your credit card or original method of payment within 30 days.

Late or missing refunds

Depending on the payment method and the bank you are with, refund payments may vary. If you haven’t received a refund in the expected timeframe of 7-10 business days, check your bank account in a few days in case it has taken longer to process.

Then, contact your credit card company, it may take some time before your refund is officially posted to your account.

Next, contact your bank. There is often some processing time before a refund is posted.

If you’ve fulfilled all these steps and still have not received your refund, please contact us at hello@lierie.com

Sale items

Sale items are only available in cases of item arriving damaged.

Exchanges

Exchanges are subject to the same conditions as refunds. If you would like to exchange it for the same item of different size, send us an email at hello@lierie.com. Once your inquiry is approved, send your item to: Mariottestraat 92, 2561 SN, Den Haag, The Netherlands.

Gifts

If your item arrived damaged and it was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, an E-Gift Card will be emailed to you, which is redeemable in our online store.

If the item wasn’t marked as a gift when purchased, or the person who gifted it to you had the order shipped to themselves to give to you later, we will send a refund to the person who purchased it and notify them about your return.

Shipping

After communicating with us via email, return your item to an address provided via email.

When applicable, we will cover the shipping costs for returning your item. 

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are shipping an item, you should consider using a trackable shipping service or purchasing shipping insurance. We can’t guarantee your returned item will arrive safely otherwise. If you have questions regarding shipping, please email us directly to discuss your case.

To easily find answers to your questions, please refer to frequently asked questions, or the Refund Policy.

Privacy Policy

K JACOBS MARKETING respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s), and the possibilities to exercise your legal rights in the best possible way.
 
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.
 
Until you accept the use of cookies and other tracking devices, we will not place any non-anonymised analytical cookies and / or tracking cookies on your computer, mobile phone, or tablet.

With the continued visit of this website you accept these terms of use and you accept the use of cookies and other tracking systems, unless we have provided for another method of accepting cookies on our website.  
 
The current available version of this privacy policy is the only version that applies while visiting our website until a new version replaces the current version.
 
Article 1 - Definitions

1. Website (hereinafter: "Website") lierie.com.
2. Party responsible for processing personal data (hereinafter: "the controller"): K JACOBS MARKETING, established at Woudweg, 3862 PN, Nijkerk, The Netherlands, Chamber of Commerce number: 83606424.
 
Article 2 - Access to the website

Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.  
 
Article 3 - Website content  
 
All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.

Article 4 - Management of the website

For the purpose of proper management of the site, the controller may at any time:
· suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
· delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
· make the website temporarily unavailable in order to perform updates

Article 5 - Responsibilities

1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.

2. The controller is not liable for any legal proceedings taken against you:

because of the use of the website or services accessible via the Internetfor violating the terms of this privacy policy

3. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.

4. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.

Article 6 - Collection of data

1. Your personal data will be collected by K JACOBS MARKETING. 
2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’). 
3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The personal data that are collected on the website are used mainly by the controller in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register. 

Article 7 - Your rights regarding information

1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure, and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability. 
2. You can exercise these rights by contacting us at hello@lierie.com.
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you. 
4. Within one month of the submitted request, you will receive an answer from us. 
5. Depending on the complexity and the number of requests this period may be extended to two months.

Article 8 - Legal obligations

1. In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require the personal data collected by the controller, they will be provided to them after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy policy.

2. If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.

Article 9 - Collected data and commercial offers

1. You may receive commercial offers from the controller. If you do not wish to receive them (anymore), please send us an email to the following address: hello@lierie.com.
2. Your personal data will not be used by our partners for commercial purposes.   
3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The controller is not responsible in these circumstances.

Article 10 - Data retention

The collected data are used and retained for the duration determined by law.

Article 11 - Cookies

1. A cookie is a small text file placed on the hard drive of your electronic device upon visiting our website. A cookie contains data so you can be recognized as a visitor when you are visiting our website. It enables us to adjust to your needs and it facilitates you to log in on our website. When you visit our website, we inform you about the use of cookies. By continuing to use our website you accept its use, unless we ask permission by other means. Your consent is valid for a period of thirteen months. 
2. We use the following types of cookies on our website:

- Functional cookies: like session and login cookies to collect session and login information.     
- Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors. We cannot see who visits our sites or from which personal device the visit has taken place.

3. Specifically, we use the following cookies on our website:

No other cookies

4. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment. 
5. For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link:  https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies # faq

Article 12 - Imagery and products offered

You cannot derive any rights from the imagery that accompanies any offered product on our website.

Article 13 - Applicable Law

These conditions are governed by Dutch law. The court in the district where the controller has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.

Article 14 - Contact

For questions, product information or information about the website itself, please contact: Lierie at hello@lierie.com.

Artikel 15 - Attribution

This privacy statement applies since 16 Feb 2022 until further notice.