LIESCH is registered by the Chamber of Commerce in Amsterdam under the number: 51769247. VAT: NL850162816B01
Article 1. General
1.1 All offers, orders and agreements of LIESCH are subject to these General Conditions of Sale (hereinafter: the Conditions). Unless LIESCH has indicated otherwise in writing to the customer, the customer’s own purchase terms and conditions shall not be accepted.
1.2 The acceptance of an offer or placement of an order means that the customer automatically accepts and agrees with these Conditions.
1.3 LIESCH may modify the terms and conditions from time to time. Please read the terms and conditions and check back often. If you do not agree to any change to the terms and conditions, then you must immediately stop using the website. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
Article 2. Orders
2.1 The acceptance of an order is created only when payment has been successfully made LIESCH is entitled to refuse, or impose special conditions upon a supply, subject to giving reasons. If LIESCH is unable to clearly establish the customer’s permanent or temporary address an order cannot be accepted.
2.2 Minor variations in colour and size may occur because the jewellery is hand-made.
2.3 Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. LIESCH shall endeavour, however, to contact the customer to complete the payment instructions so that delivery can be made.
2.4 We intend to keep our website (www.liesch.nl) as current as possible. However, the possibility remains that a certain product is no longer or temporarily not available, in which case we will contact the consumer as soon as possible. The customer may terminate the order immediately without cost, unless LIESCH and the consumer have previously agreed upon a different delivery term
2.5 The consequences of mistakes and errors made by the buyer shall be borne entirely by the buyer.
Article 3. Prices and Payment
3.1 The prices of the products and services offered are stated in Euros, including VAT (21%). Customers are able to make payments electronically to LIESCH in different ways. The different payment methods are indicated on the website under the title “Payment”. The order will be shipped once LIESCH has received payment of the order. LIESCH will add the shipping costs to the invoice of the order.
3.2 All customs duties and sales taxes are for account of the customer and are non-refundable through LIESCH.
3.3 LIESCH is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
3.4 The prices and conditions of LIESCH offers do not automatically apply to follow-up orders placed after the offer period has expired.
3.5 Immediately after placing an order, you will receive confirmation by e-mail stating the goods ordered, delivery details and total cost.
3.6 Full payment shall always be made in advance and upon ordering: immediately and online through PayPal (MasterCard and Visa) or through IDEAL (internet banking for Dutch customers), after approval by the party making the mediated payment.
Article 4. Delivery and Returns
4.1 The delivery time is indicative and is therefore not guaranteed.
LIESCH cannot be held responsible if the package is not delivered to the consumer on time. There is no right to compensation if actual delivery takes longer.
4.2 Articles shall be delivered to the address given by the customer to LIESCH
4.3 If the consumer, for whatever reason, does not wish to keep the product, the consumer has the right to return the product to LIESCH within fourteen days after receiving the product. To announce a return shipment, send an e-mail message to email@example.com stating the reason for the return and the item concerned. You shall receive a reply within 24 hours by e-mail with details as how to return the package. The consumer must follow all further return conditions and instructions as set out by LIESCH. This does not apply if the product has been worn, or if the consumer has attempted to mend or alter the article in any way. Return products will only be accepted by LIESCH if they are sent in the original, undamaged wrapping and the labels are still attached to the products. Furthermore, the consumer must pay the shipping costs of the returned products. Under no circumstances will LIESCH reimburse the shipping costs of returned merchandise. If the return instructions have been followed accurately, LIESCH will reimburse the consumer for the returned article(s) within fourteen days after receiving it. If a payment is completed by credit card, refunds will automatically be applied to the credit card used by the customer at the time of purchase
4.4 LIESCH reserves the right to refuse returned items or to refund only part of the sum already paid if it suspects that the product has already been used or has been damaged through actions by the customer. If a returned item has been damaged as a result of actions or neglect on the part of the customer or is otherwise for the customer’s account and risk, LIESCH shall inform the customer in writing. LIESCH has the right to deduct the decrease in value resulting from the damage from the amount to be refunded to the customer.
Article 5. Liability
5.1 Any liability of LIESCH personnel and products for direct or indirect damage and or losses of any description, including trading losses and consequential losses, damage to movable or immovable property or persons, is specifically excluded. LIESCH will not be liable for damage and or losses resulting from the execution of the agreement by third parties. Without detriment to this point and other points in the provisions of these General Conditions, LIESCH shall never be liable for:
– Damage and or losses resulting from incorrect, careless or inexpert use or use for purposes other than the use for which the product is suitable or intended;
– Trading and or consequential damage and or losses attributable to any cause whatsoever;
– Damage and or losses caused by employees of LIESCH and or third parties it involves, resulting from any cause whatsoever;
– Damage and or losses attributable to force majeure in the sense intended by article 6.
5.2 LIESCH accepts no liability for any damage arising from the use of LIESCH products.
5.3 Any liability of LIESCH to the buyer shall, in any case, be limited to a sum not exceeding the invoice sum that the buyer owes LIESCH pursuant to the agreement concerned.
5.4 Except in cases of LIESCH s intent or gross negligence, LIESCH shall not be liable for misunderstandings, mutilation, delays or failures to properly fulfil orders and notices as a result of the use of the Internet or any other means of communication used in dealings between you and LIESCH or between LIESCH and third parties, insofar as in connection with the relationship between you andLIESCH.
5.5 LIESCH shall not be liable for any occurring faults, inaccuracies, misunderstandings, delays or incorrectly communicated orders and notices, as a result of the use of the Internet or any other (electronic) means of communication in the dealings between the buyer and LIESCH or for the consequences of the use of the information concerned. LIESCH furthermore excludes all liability in respect of advice or answers to questions that it has provided, except in the case of intent or gross negligence.
5.6. The content of the website has been compiled with the greatest care. However, LIESCH cannot exclude the possibility of any error or incomplete information on the website.LIESCH cannot assume any liability whatsoever for the consequences of incorrect or incomplete information on the website. The actual colours of the products can differ from the colours shown on the website. LIESCH cannot be held responsible for variations in colours as a consequence of the quality of the consumer’s computer screen. The position and size of the actual gemstones, pearls or any other applications on the products can differ from the pictures on the website. LIESCH shall not be liable whatsoever for any differences. Certain links on the website can give access to websites and information that is being exploited and maintained by third parties. LIESCH is not responsible for any of the content of these websites.
5.7 LIESCH shall also not be liable for any damage /losses caused by a temporary or longer term lack of facilities for placing orders, lack of access or the removal of the website for maintenance or otherwise.
5.8 Ownership of the products will not be transferred until the consumer has fulfilled its obligations. When the ownership is transferred to the consumer product liability is transferred to the consumer as well.
Article 6. Force majeure
6.1 Despite any other established legal rights, LIESCH is entitled, at its own choice, in case of Force Majeure, to cancel your order, or cancel the purchase agreement without legal intervention, by informing the client in writing. Client is not entitled to any damages, unless given the circumstances this would be unacceptable according to measures of reason and fairness.
6.2 Force majeure means any shortcoming that cannot be attributed to LIESCH because it cannot be blamed and is not accountable pursuant to law, juristic acts, or common opinion.
6.3 LIESCH shall be entitled to invoke force majeure, if any circumstance prevents (further) fulfilment.
Article 7.Queries and Complaints
7.1 In the case of queries or complaints concerning any of our products, please inform us by e-mail (firstname.lastname@example.org). You will receive a reply within three working days.
Article 8. Warranty and Repair
8.1 The date on the delivery document is the date on which the guarantee commences. LIESCH guarantees the usability of items for a period of thirty days.
8.2 The guarantee does not apply in cases of normal wear and tear, or in the event that the damage or defect is evidently the result of: improper maintenance – intent or gross negligence – improper use or use for purposes other then normal household use – heating or overheating by heat sources, exposure of items to dampness/moisture /cleaning detergent /chlorine or extreme heat, cold or aridity – repairs carried out by the customer or by third parties, or in the event that the customer does not give LIESCH sufficient opportunity to resolve the complaint – damage from external causes (fire, lightning, flood, natural disasters, etc.) – failure to follow instructions for use or follow them correctly. See for instructions” Care” on the website
8.3 No guarantee is given against discolouration or deviations of minor importance that cannot be technically prevented and are generally accepted in practice.
8.4 In the case of hidden defects, or of visible defects after one month, each complaint must be submitted no later than two months after the customer has discovered the defect. The complaint must be made in writing, stating the nature of the grievance and/or defects discovered. If the customer does not submit a written request for repair or replacement, LIESCH shall decide whether the item will be repaired or replaced. Items sent to LIESCH on the customer’s own imitative are for the cost of the customer. In such cases, LIESCH cannot be held liable for damage occurring in transit.
8.5 In case of a complaint or repair, the customer must contact LIESCH in writing by sending an email to email@example.com, including the LIESCH invoice and a photo of the damaged product.
After LIESCH approves the replacement or repair LIESCH will send you a return form and if necessary the invoice for the repair and shipping costs. All the above refers to products purchased through www.liesch.nl only and LIESCH reserves the right to deny unreasonable repairs, returns, and exchanges.
8.6 LIESCH cannot be held liable for damage/losses incurred by the customer or a third party as a consequence of using an item supplied by LIESCH, unless the customer can demonstrate that the damage/losses are the result of gross negligence or an intentional act on the part of LIESCH.
8.7 Compensation shall not be paid in the event of direct or indirect costs or damage/loss at the premises of a customer or third party, unless the customer can demonstrate that the costs or damage/losses are the result of gross negligence or an intentional act on the part of LIESCH.
If compensation for damage/losses must be paid on the grounds of the previous Articles, this payment shall not exceed the purchase price of the item in question.
Article 9. Privacy
9.1 All personal data shall only be used for completing the order and providing information on LIESCH products and shall never be placed at the disposal of third parties. Records of website visits are kept for statistical purposes. Information concerning the amount of visitors and visitor frequency to our website will be used for internal research and website improvement. However, this general information is anonymous and cannot be traced back to the individual visitor.
9.2 LIESCH’s client’s details are automatically stored in our client list and will receive our newsletter.
Article 10. Applicable law and court with jurisdiction
10.1 All rights, obligations, offers, orders and agreements that are subject to these conditions, as well as the conditions themselves are subject to Dutch law, whereby disputes shall be brought before a court with jurisdiction in Amsterdam.
Article 11. Copyright
11.1 The website and all of its components belong to LIESCH and are protected by copyright. It is not permitted to copy, use or distribute any information from LIESCH’s website without first acquiring written permission. None of the text or graphics from LIESCH’S website may be partially or wholly copied or publicly used for printing, photocopying, faxing, overtyping, in an electronic database, or for any other reproduction purpose.
Acceptance of General Conditions
All website users are required to be aware of, and to agree with, all of the above General Conditions. By placing an order, the consumer automatically agrees to all of the General Conditions.