- Fealyn’s Cottage, trades under the names Fealyn’s Jewellery and Fealyn’s Dice. These general terms and conditions apply to both Fealyn’s Jewellery, and to Fealyn’s Dice further referred to as Fealyn’s Cottage. As a goldsmith, jewellery made of precious metals is manufactured and repaired. Melting (old) gold, setting diamonds, gems and pearls are also part of Fealyn’s Cottage activities. Fealyn’s Cottage also manufactures unique dice.
- All assignments given to Fealyn’s Cottage are externally accepted and carried out under the applicability of these general terms and conditions.
- Having jewellery repaired with precious stones or antique jewellery is at your own risk. Fealyn’s Cottage cannot be held liable for damage or defects that have occurred during repair. When accepting the repair/assignment, Fealyn’s Cottage looks at the piece of jewellery or object in question and carefully discusses the possible risks that the modification may entail.
- If the assignment has been accepted, any changes to the design may entail additional costs and/or delay.
- If unforeseen circumstances arise during the execution, you will always be informed as soon as possible. Fealyn’s Cottage will inform you and discuss with you the alternatives and possibilities. Possible delays and additional costs are not excluded. It goes without saying that Fealyn’s Cottage will ensure that any delays or additional costs are kept as short and low as possible.
- If an order is cancelled after agreement has been given, the costs already incurred for the services provided will be charged and deducted from the down payment. In the case of the processing of our own precious metal, it becomes the property of Fealyn’s Cottage. If desired, the precious metal can be returned against payment.
- Fealyn’s Cottage has the right to cancel an assignment if, on closer inspection, it turns out to be impossible or unforeseen circumstances have arisen. Even in the event of negligence on the part of the customer, Fealyn’s Cottage is entitled to cancel an order. Costs already incurred may be charged depending on the situation.
- The price to be paid by the customer shall be agreed in advance, unless the parties expressly agree otherwise. If a non-fixed price is agreed, Fealyn’s Cottage will indicate as accurately as possible the factors on which the level of the price will depend.
- The jewellery, the dice or the service provided must be paid for in advance or on collection. This can be handed over in cash, online via the webshop or on the spot to Fealyn’s Cottage. As long as the product has not been paid in full, it remains the property of Fealyn’s Cottage. Fealyn’s Cottage cannot deliver the product to the customer until payment has been made in full.
- Wanneer de klant niet betaalt binnen de betalingstermijn van 14 dagen zal Fealyn’s Cottage een herinnering sturen. Hiervoor staat weer een termijn van 14 dagen. In the event of non-payment again, Fealyn’s Cottage is entitled to charge interest. This shall take effect from the expiry of the first payment date. This also applies to any collection costs.
- Issuing a piece of jewellery for repair or gold to be remelted to another piece of jewellery serves as a fistful for Fealyn’s Cottage and gives Fealyn’s Cottage security of payment. In the event of non-payment by the customer, the jewellery and/or gold shall become the property of Fealyn’s Cottage until re-payment.
- If a customer has not paid 3 months after the expiry of the payment period, Fealyn’s Cottage is entitled to use the product for sale.
Rights of the customer and Fealyn’s Cottage
- When unexpected situations have occurred Fealyn’s Cottage cannot compensate the emotional and/or immaterial damage this may entail. Fealyn’s Cottage will handle and carry out the assignment or repair with all due care, expertise and professionalism.
- Fealyn’s Cottage does not reimburse the client for damage caused by force majeure, such as for example damage caused by a robbery, burglary, theft or fire and/or when the client’s household effects or valuables insurance covers the damage. Fealyn’s Cottage will pay out any further insurance payments to Fealyn’s Cottage for damage to a customer’s product.
- The designs, drawings, calculations, descriptions, models and other deliverables made or provided by Fealyn’s Cottage remain the intellectual property of Fealyn. Reproduction or publication of the aforementioned goods and/or products without the prior consent of Fealyn’s Cottage is not permitted.
- Fealyn’s Cottage guarantees for a period of six months, in the case of new (made-to-measure) work, the absence of defects that become apparent after delivery. In the event of repairs, Fealyn’s Cottage guarantees the absence of defects for a period of three months, unless otherwise agreed or stated, insofar as these relate to the parts it has repaired/replaced. The customer is entitled to replacement of defective parts free of charge within a reasonable period of time. In addition, the customer is entitled to free repair, compensation, price reduction and dissolution of the contract as granted to him by law.
- Fealyn’s Cottage is not responsible for defects which have arisen after delivery of the products as a result of improper use or lack of care on the part of the customer, or which are the result of changes made to the product by the customer or third parties. Nor is Fealyn’s Cottage responsible for any damage resulting from these defects.
- When a gemstone, diamond or pearl is damaged in any way, Fealyn’s Cottage does not guarantee this.
- Fealyn’s Cottage guarantees the authenticity of the materials used by Fealyn’s Cottage.
- If there is an addition made by Fealyn’s Cottage to the object or jewel, all the above points only apply to the part made by Fealyn’s Cottage.
- The customer retains in full his legal warranty rights, apart from the above points mentioned by Fealyn’s Cottage as a commercial guarantee issued.
- Fealyn’s Cottage has the right to amend the general terms and conditions at any time.
- All changes made to the general terms and conditions of Fealyn’s Cottage are immediately applicable.
Choice of law
- Dutch law applies to the legal relationship between the customer and Fealyn’s Cottage.
- Any disputes will be submitted to the competent court in accordance with the law, or to the court in Utrecht.