Terms and Conditions

Terms and Conditions RROJA Jewels

Introduction

General Terms and Conditions of the e-commerce store www.rroja.com

1. Introduction

(a) The seller specializes in jewelry and related items, sold through the online store rroja.com. These General Terms and Conditions apply to all purchases and services between the Seller and Buyer unless otherwise stated.

(b) The ‘customer,’ according to these General Terms and Conditions, is a natural person entering into a purchase agreement with the seller on an individual, private basis for personal use and not for any other commercial or freelance activity in which the customer participates. The ‘contractor,’ according to these General Terms and Conditions, is a natural person or another legal entity entering into an agreement with the seller for commercial or freelance purposes.

(c) Any agreement deviating from, conflicting with, or adding to these General Terms and Conditions is void unless agreed upon in advance between the buyer and seller.

(d) The seller reserves the right to change, revise, or modify these General Terms and Conditions as stated here at any time. The amended terms will replace these General Terms and Conditions.

(e) The use of this website (including access, browsing, and registration on the website) confirms agreement and binding to these General Terms and Conditions and will be subject to these terms from then on.

2. Entering into the Agreement

(a) The seller’s offer may be subject to change at any time, without the obligation to inform the customer in advance, at the sole discretion of the Seller. While we make every effort to make the color, design, and style of RROJA Jewels products, as depicted in the photos and images on the website, match the original product, technical limitations, especially in displaying color on your computer and screen, may cause the delivered goods to differ slightly from the displayed goods. RROJA Jewels is not liable under any circumstances for incorrect or deviating photos or images of products on the website. If you have questions about the products, you can always contact the Customer Service Department via info@rroja.com.

(b) By confirming the order, the customer agrees to these General Terms and Conditions. All orders are placed on the website rroja.com. At the time the order is placed, the customer has entered into a binding (purchase) agreement with the seller. This is explicitly indicated by clicking the ‘Add to cart’ button as specified in these General Terms and Conditions.

(c) The customer will be notified by email once the placed order is received. Note that the receipt of the aforementioned email does not mean that the delivery agreement has already been concluded. The agreement is only concluded when the order confirmation is sent and/or the goods are released for shipment.

(d) Releasing the ordered goods by the Seller for shipment constitutes accepting the order. The seller has the right to refuse an order without further explanation if the conditions for cancellation are met.

(e) By accepting the order, the seller is obliged to deliver the goods of this order to the customer unless the seller, due to defective delivery from the supplier, cannot obtain the ordered goods or part of the ordered goods. This is only the case if the seller has ordered and (pre)paid for the goods, but the supplier cannot deliver these goods for reasons beyond the seller’s control. The seller will make reasonable efforts to obtain the ordered goods. If this is not possible, rroja.com will immediately refund the already received purchase amount. The customer will be informed of this immediately.

(f) Once the agreement is concluded and the order is placed electronically, a copy of the agreement, accompanied by a copy of the General Terms and Conditions, will be provided to the customer via email. The stored data on the website serves as evidence of the existence of transactions between RROJA Jewels and its customers. In the event of a dispute between RROJA Jewels and one of its customers, this data will serve as evidence of the content of the transaction.

3. Reservation of Ownership and Termination

(a) Regarding the customer: The seller retains ownership of the goods from the purchase agreement until the full purchase price has been paid by the customer. Regarding the contractor: The seller retains ownership of the goods until all obligations of the agreement between the parties are fulfilled.

(b) If the customer fails to meet the obligations of the agreement (specifically, non-payment of the purchase price, providing incorrect information about creditworthiness, ongoing legal proceedings against them, or claims on their estate arising from bankruptcy proceedings), the seller has the right to terminate the agreement at any time and reclaim the goods for which the purchase price has not been fully or partially paid.

(c) The contractor is authorized to resell goods with a reservation of ownership during the regular course of business but is obligated to settle the debt with the seller. The amount of this debt is the invoice amount and all additional costs upon selling to a third party. The seller must approve this transfer. After completing the assignment, the contractor has the right to collect the claim. The seller has the right to reclaim the goods if the contractor does not comply with the terms or pays late.

(d) Upon the customer’s request, the seller is obliged to release the security deposit if its amount exceeds 10% of the outstanding amount. However, the seller retains the right to release the security deposit.

4. Prices and Payment

(a) All selling prices are subject to change. The selling price is based on the quotation in the price list, minus any applicable discounts, valid on the day of delivery, plus VAT, as indicated by the seller.

(b) In the case of distance selling; additional shipping costs will be charged, as indicated in the shipping cost overview (see Shipping, paragraph 6 of these General Terms and Conditions). This amount will be charged in addition to the selling price of the ordered goods, including VAT and other taxes.

(c) The customer can only set off in the case of a valid claim that is not denied or contested by the seller. Offset is only possible with claims arising from the same agreement.

(d) In the case of a pricing error or incorrect product information due to typographical errors or system errors, RROJA JEWELS reserves the right to cancel orders with incorrect information, without further obligations to the customer, even after receiving an order confirmation or shipping notice.

5. Payment Methods and Shipping Costs

(a) The customer can pay using various major providers such as iDeal and PayPal. The seller reserves the right to exclude specific payment methods.

(b) Payments are charged in Euros.

(c) Regarding payments with PayPal: Customers must register at PayPal.nl. The General Terms and Conditions of PayPal apply. Unless otherwise agreed or described in the product description, goods will be delivered when the full cost amount is credited to the seller’s PayPal account.

(d) Shipping costs consist of the total amount of all expenses charged by the seller for the delivery of the goods. More details can be found in the Shipping section.”

6. Shipping

(a) Unless otherwise stated, all prices include VAT (if applicable) and shipping costs. Shipping and delivery are free. Note that for some countries, customs duties or other customs fees may be charged, affecting shipping costs.

(b) If the goods are not in stock when the order is received, the seller will ensure that these goods are ordered as soon as possible and will promptly inform the customer of this delay, specifying the expected delivery time. Goods are marked in a system indicating delivery time through traffic lights. The green light indicates that items are in stock or can be produced shortly.

(c) The seller reserves the right, if circumstances require, to deliver the goods or parts thereof separately. Of course, the interests of the customer will be taken into account, and no extra costs will be charged.

7. Transfer of Liability

(a) The customer is responsible for checking the delivered product(s) immediately upon delivery to determine compliance with the order. If there is any discrepancy, the customer should not accept the package and must describe any defects (e.g., evidence of tampering, damaged products, missing products or items, or products different from those ordered and/or indicated in the shipping document) and immediately record a written statement with the carrier. Note that the risk of accidental loss or incidental damage to the item, even during forwarded transactions, is transferred to the customer when the item is handed over.

(b) Regarding the contractor: From the moment of transfer of the goods and the contractor having possession of the goods, the contractor is liable for any loss or damage to the goods. If the goods are delivered by a third party (carrier, delivery service, etc.), the moment is when the goods are handed over to this third party. Refusal to accept the goods by the customer or contractor is equivalent to a transfer.

(c) After the process of placing your order, including the product information page and the checkout page, the price of the product will be indicated in the confirmation email you receive, not including “customs fees” (if applicable), adjusted to import and export duties in your country. By placing an order, you confirm that you unconditionally agree to this condition and that the customer is responsible for paying any additional costs.

8. Right of Withdrawal (repeal)

All our goods are considered “goods made to the consumer’s specifications,” as defined in Article 2(4) of the EU Consumer Rights Directive (2011/83/EU). Here’s why:

Non-prefabricated goods: The goods have not yet been manufactured at the time of the order and will only be produced after the customer has made their individual choices.

Individual choice or decision by the customer: The customer makes specific choices about important characteristics of the goods, such as material color, gold content, silver content, natural or laboratory-grown diamonds, diamond clarity, and size. This results in a unique product made specifically for that customer.

These specific customizations make the jewelry unique and personal to the customer. This means the product is difficult to resell to another customer in the same form. Therefore, such a product falls under the exemption of goods made to the consumer’s specifications or clearly personalized, as defined in Article 16(c) Exceptions from the right of withdrawal, and is not subject to the standard 14-day right of withdrawal.

The same applies to the purchase of loose gemstones.

This means that we do not accept returns.

9. Returns

All our goods are considered “goods made to the consumer’s specifications,” as defined in Article 2(4) of the EU Consumer Rights Directive (2011/83/EU). Here’s why:

Non-prefabricated goods: The goods have not yet been manufactured at the time of the order and will only be produced after the customer has made their individual choices.

The same applies to the purchase of loose gemstones.

This means that we do not accept returns.

10. Warranty

(a) The customer is obliged to inspect the delivered goods immediately upon receipt. Any defects found should be reported to the seller in writing within 14 days after delivery.

(b) If the delivered goods do not comply with the agreement, the customer must inform the seller of this within a reasonable period after discovering the defect. The customer must give the seller a reasonable period to remedy the defect.

(c) Complaints about visible defects must be submitted in writing to the seller within eight days of delivery. Hidden defects must be reported within eight days after discovery and no later than six months after delivery.

(d) In order to assert the customer’s rights in the case of a defect, the customer must comply with their duty to inspect and report. The customer has to report obvious defects in the delivery of goods as quickly as possible, in any case within 14 days; notifications after this period are no longer covered by the warranty. Immediate return of the goods or promptly notifying the seller of the defects is considered a claim under the warranty, provided it is done within the 14-day period. The customer is responsible for timely communication and specifying the date on which the defect was discovered.

(e) If the buyer is a contractor, the product description provided by the manufacturer is binding when determining whether the quality of the product meets the requirements. Any other descriptions, such as advertisements, descriptions, and reviews, fall outside the scope of the binding requirements of the goods’ description.

(f) The warranty for customers is valid for a period of 2 years after the delivery of the goods. The warranty for contractors is valid for a period of 1 year after the delivery of the goods. For used goods, a period of 1 year after the delivery of the goods applies. The 1-year period does not apply if the customer has intentionally or through gross negligence damaged the goods. The same applies to bodily injury or loss of life caused by the product due to improper use, gross negligence, or intent.

(g) The seller has no warranty provisions other than these, unless expressly agreed upon with the customer. The manufacturer’s warranty remains unaffected.

11. Limitation of Liability

In the case of minor negligence, the seller’s liability is limited to direct and foreseeable damages arising from the agreement, concerning the type of product. The same applies to any damages caused by legal representatives or agents of the seller. The seller is not liable for consequential damages resulting from the non-performance by third parties. The seller is liable for the non-performance of the agreement between him and the customer. Performance arises from the contract between the seller and the counterparty and includes the fulfillment of all obligations described therein. The seller is liable for the non-performance of the obligations described in the contract, as well as the obligations on which the customer, given the nature and description of these obligations, was entitled to rely.

12. Privacy Policy

Read carefully the full text of our Privacy Policy, summarized here, before using this website. When you provide information to or through the Site, you consent to the collection, processing, and storage of your data as described in the Privacy Policy.

RROJA JEWELS processes your personal data in accordance with the requirements of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL – General Data Protection Regulation (GDPR), EU-US Privacy under current domestic data protection law.

Categories of personal data processed by RROJA JEWELS

Your contactinformation – Names, postal address, mobile or phone number, email address.
Your IP address.
Purchase details, including payment method and transaction number.
Order history.
Information exchanged with customer service – all communication and correspondence between you and our customer service.
In exceptional circumstances, you may need to provide additional data from your ID card to certify your identity.
In a limited number of cases, we may ask for your photos, videos, or similar information if you indicate your participation in our lotteries, campaigns, or other events.
RROJA JEWELS reserves the right to invite all its customers to participate in satisfaction surveys. Participation is always optional.
RROJA JEWELS does not process or store data from bank cards and/or other financial instruments.

Legitimacy of processing:

RROJA JEWELS processes your personal data necessary for the execution of your agreement.
RROJA JEWELS processes your personal data necessary to comply with tax, financial, and/or other national legislation.

Purposes of processing:

For the correct execution and delivery of your order.
For clear and accurate communication with you about the order status.
For warranty purposes within the warranty period of the products.
For customer satisfaction and loyalty programs.
For tax and accounting legislation requirements – to declare and establish our sales.
In exceptional circumstances, RROJA JEWELS may process additional identification data to prevent financial fraud or identity theft.
As an exception, RROJA JEWELS may process additional data, such as photos, videos, and other media, for various campaigns or lotteries, only in cases where customers participate in these events.
To send our newsletter and promotional material, customer consent is required. Only in cases where customers give consent, it is possible to obtain this information.

Storage period for your personal data:

RROJA JEWELS keeps your personal data submitted during your account registration on our website as long as your account remains active.
RROJA JEWELS retains your personal data during the production and delivery of the products, as well as the period specified in the Return Policy for possible RETURNS and product warranty, but no longer than 2 years or longer than the time of the Lifetime Warranty.
If we need additional data to verify your identity, we store this data until the legal obligation to retain this data is no longer present.
In the case of collecting personal data for certain campaigns, lotteries, and other promotions, the processing period is specified in each case, and participants are informed.

Potential recipients of your personal data:

RROJA JEWELS does not provide your personal data to third parties unless legally obliged to do so or except for the operational requirements mentioned below:

RROJA JEWELS provides your name, address, and phone number to the courier company for the delivery of your product.
In exceptional circumstances, RROJA JEWELS may confirm your personal data with Payment Service Providers to prevent financial fraud or identity theft.
RROJA JEWELS transfers the necessary personal data to financial service providers and to tax and other government authorities when specific legislation requires it.

Your rights as the data subject – at any time where you have the right to:

Access your personal data processed by RROJA JEWELS, as well as receive a copy of it.
Request the erasure of personal data about you (the right to be forgotten) if you believe it is no longer necessary for the purposes for which it was collected or processed. Please note that this right cannot be exercised in the event that a specific law expressly provides for the retention of a fixed term.
Request rectification of inaccurate personal data in cases where they do not correspond to the truth.

To exercise any of the above rights, you can simply send us an email with your request via our contact page or an email to info@rroja.com. We will respond as soon as possible.

If you ever have concerns that your rights are being violated, you have the right to lodge a complaint with a supervisory authority, as mentioned below.

Our recommendations to you regarding the protection of your personal data:

Keep your password safe and do not share it with third parties.
If you use a public computer (in a library or internet cafe), always make sure to log out of your account before shutting down the computer.
RROJA JEWELS guarantees not to contact third parties other than as specified in this privacy policy.
RROJA JEWELS guarantees not to require its customers to disclose their website password. RROJA JEWELS does not require its customers to disclose data from their bank accounts or other financial instruments. Any such request by phone, chat, or email should be ignored.

If someone has made such a request to you, contact RROJA Jewels immediately.

How do we protect your personal data?

RROJA JEWELS guarantees that all administrative, technical, and physical measures have been taken to protect your personal data from accidental, unlawful, or unauthorized destruction, loss, access, disclosure, and/or use.
RROJA JEWELS has established its own internal ethical rules for the processing of personal data, and our employees have received special training on the principles of the right to the protection of personal data and the basic obligations of companies with regard to GDPR.
We secure our website and other systems by using technical and organizational measures against loss, destruction, access, modification, or distribution of your data by unauthorized persons. Despite regular checks, complete protection against all threats is not possible.

Who is responsible for processing your personal data?

RROJA Jewels operates as the data controller within the meaning of GDPR – (EU) 2016/679 – Art. 26.

RROJA Jewels processes personal data of our customers. We process them only for the purposes mentioned in this Privacy Policy.

13. Changes to these General Terms and Conditions

(a) The seller reserves the right to modify or adapt these General Terms and Conditions. The customer will be notified at least 2 weeks before the changes take effect through a notification. This notification will be made in the form of a publication of the modified General Terms and Conditions, including the date on which these changes will come into effect.

(b) If the customer does not object to the changes to the General Terms and Conditions within 2 weeks, it means that the customer has agreed to these changes. Note: The 2-week period is binding.

14. Final Provisions

(1) The legal provisions of the Netherlands apply to these General Terms and Conditions, with the exception of the UN provisions on the sale of goods. For customers who have not entered into an agreement on a professional and/or commercial basis, these legal rules apply, provided they do not conflict with the legal rules of the country of residence. (2) If the customer is a natural person acting in the course of his profession or business, or a legal entity, any disputes will be submitted exclusively to a court in the district in which the seller is located unless expressly agreed otherwise. However, the seller has the right, in the event of a dispute, to summon the counterparty to a court in their place of residence or the place where the legal entity is established.