Essence Amsterdam | Terms of Service

 

This document sets out the Terms of Use ("Terms") of Essence Amsterdam's website (the "Website"). The chamber of commerce number is: 90838254.

This Website is operated by Essence Amsterdam ("the Seller," "we," "us," "our").

The Customer ("you," "your") is a natural person who is of legal age and who is not acting within the context of practicing a profession or conducting a business, with whom the Seller concludes an Agreement.

The Website is Essence-Amsterdam.com.

The Products are jewelry that the Seller offers for sale on the Website.

The Order is a purchase of one or more products placed by the Buyer on the Website in accordance with the procedure and the terms described in this document.

By accessing this Website, you agree to be bound by the Terms. Before using this Website, you must always read the Terms carefully, as well as our Privacy and Cookie Policy ("Privacy") and our Return Policy.

1. APPLICABILITY OF THE TERMS OF USE

These Terms of Use that have been made available online by Essence Amsterdam agreements and other legal relationships between the Seller and the Customer with respect to the use of the Website, including the purchase and sale of jewelry products on or via the Website.

2. ORDER PLACEMENT AND COMPLETION PROCEDURE

2.1 Order placement

The Customer can place an order on or via the Website in the following manner:

1. The Customer selects the desired jewelry product, including the model and color.
2. The Customer adds the product to the cart.
3. The Customer proceeds to check out, providing all personal and address details.
4. The Customer reviews the order information.
5. The Customer selects a payment method and completes the payment.
6. The Customer receives a confirmation e-mail of the placed Order. Please note that this initial confirmation e-mail does not indicate the completion of the order or the payment.

If the provided e-mail address is incorrect, Essence Amsterdam will be unable to send any confirmation e-mails or further order-related information.

2.2 Discount Code

Essence Amsterdam is entitled to offer Discount Codes and Store Credit in certain cases, including:

• If the Customer returns one or more product(s) requiring Store Credit with Free Shipping (Shipping costs will be included only in the first return. If the Customer returns the product(s) a second time, Shipping costs will not be included in the code provided by Essence Amsterdam).
• If Essence Amsterdam decides to offer special discounts to a specific Customer due to a particular situation.

Personal Discount Codes are usable only once, and the entire amount must be used in a single transaction.

2.3 Order completion

After the Customer has placed an order, Essence Amsterdam will:

• Verify all the order details.
• Verify the accuracy of the provided address (if incorrect, our customer support will contact the Customer as soon as possible to obtain the correct address).
• Check the availability of all the ordered items (if any item is sold out, our customer support will contact the Customer to offer a suitable solution).
• Verify if the payment has been processed and received.
• Decide whether to accept or reject the order (refer to section 2.4 for further information on rejected orders).

If Essence Amsterdam accepts the order, the Customer will receive a confirmation e-mail informing them that the order has been completed and will be processed and shipped as soon as possible.

2.4 Order Rejection

Essence Amsterdam reserves the right to reject an order placed by the Customer in the following cases, among others:

• If the information provided by the Customer is incorrect, incomplete, or false, or if the Seller reasonably doubts its accuracy.
• If the Customer's payment is not received.
• If the Customer has previously failed to fulfill payment obligations towards the Seller.
• If the Customer has previously caused serious inconvenience to the Seller.
• If the Customer has previously failed to accept and/or collect Orders placed with the Seller.
• If there is an obvious mistake or clerical error, such as incorrect prices indicated on the Website.
• If the Seller cannot deliver the Order to the address provided by the Customer.

If an Order is rejected, Essence Amsterdam will contact the Customer as soon as possible.

2.5 Conclusion of the agreement

The Agreement, including the Privacy Policy and these Terms of Use placed on the Website, constitutes the entire agreement between the Customer and the Seller regarding the use of the Website and the placement and execution of an Order.

3. SHIPPING AND DELIVERY

3.1 Shipping time and carrier

The Order is processed and from our logistics as soon as possible (within 1-5 business days) after it has been completed.

All our shipments are made using a carrier designated by us.

Changing deliver carrier under special request made by the Customer is not a possibility.

During sales, delays are possible.

The Customer will always be notified by the Seller via e-mail about possible delays and/or changes.

3.2 Shipping address and Personal information

After the order has been processed and packed, it will be shipped to the address indicated by the Customer, provided that the mentioned address is complete and correct.

If the address provided is incorrect and/or incomplete, the Customer will be contacted as soon as possible via the e-mail address and/or the phone number the Customer indicated himself/herself, provided that the indicated personal information is correct and complete.

If the Customer provided any incorrect and/or incomplete personal and address information, as already specified, the Seller has no responsibility in eventual delivery delays and/or failures.

3.3 Solving an eventual inconvenience

The risk with respect to any damage to or loss of the Products will be transferred to the Customer as from the time at which the Products are delivered.

If any inconvenience will occur before the delivery, the Customer must contact our Customer Support providing order number, address information, and clear explanation of the inconvenience. Our Customer Support will handle the complaint as soon as possible and will find a suitable solution in agreement with the Customer.

During sales, responding time might be extended and the Customer will always be notified by the Seller via e-mail about possible delays and/or changes.

4.1 Prices

The prices indicated on the Website are denominated in euros, are exclusive of Value Added Tax (VAT), and are exclusive of shipping costs.

The return shipping costs will be borne by the Customer.

The total Purchase Price will be indicated in the Cart and in the confirmation e-mails the Customer receives after completing his/her order (read section 2 for further information about confirmation e-mails).

4.2 Price variation

The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required.

The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.

4.3 Payment

Payment may be made using the methods indicated on the Website and must be made in advance in order to fulfill the Order and complete the Agreement.

4.4 Taxes and Duties

While import duties or taxes may occur, we have no control over these charges and cannot provide an estimate for additional fees. These charges are determined by your local customs, and we do not have any influence over them. We strive to minimize any additional costs for our customers. The place of delivery is the country where the transportation begins. In this case, the delivery takes place outside the EU, so the postal or courier company will charge the customer import VAT and/or customs clearance fees. Therefore, the merchant will not charge VAT. 

5. RETURNS

If the Customer is not entirely satisfied with the purchase, he/she will be entitled to return the Product that has been delivered, on his/her own cost, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller on the return policy, provided that the Product has not been worn (trying on jewelry is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging.

If the package has already been shipped, shipping charges are not refundable.

For more info see our dedicated return page: Return Policy

6. COMPLAINTS

6.1 Contact

The Customer can contact Essence Amsterdam via email: hello@essence-amsterdam.com.

6.2 Responding time

Our Customer Support will answer all inquiries as soon as possible within a term of 14 days after receipt, provided that the message has been received and that the e-mail address indicated is correct and/or complete.

The Seller will notify the Customer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Customer can expect to receive an answer.

The Seller and its Customer Support have no responsibilities for non-receipt messages and/or for technical problems that might occur during the communication between the Customer and the Seller.

For urgent inquiries, the Customer must contact our Customer Support via phone by calling the already mentioned phone number during the Seller's business hours.

6.3 Eventual deviations

The Customer acknowledges that minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well-founded reason to submit a complaint.

Such complaints, and complaints regarding the removal of certain Products from the Website, are not well-founded.

The Seller will not be liable for any damage that the Customer sustains as a result of such deviations or the removal of such Products from the Website.

The Customer will fully cooperate in the event that the Seller recalls a Product.

7. WARRANTY AND LIABILITY

7.1 Warranty

The Seller is required by law to provide a Product that meets the contract with the Customer.

The Customer must check the Product as soon as he/she receives it, before removing the tags and/or using the Product itself, and inform the Seller about any eventual defect within a term of 14 days.

The Customer will be required to provide proof of the defect such as pictures of the Product with tags still attached and of the defect itself.

If damage occurs after the tags have been removed and/or the Product has already been used and/or washed by the Customer, the Seller will require additional proof and information such as the washing and/or drying method.

If the Customer shows the Seller that the Product has a defect caused by a production error, the Dutch Warranty Law applies to the case, and the Customer and the Seller will find an amicable and suitable solution they both agree with.

The Customer will fully cooperate with the Seller's requests and/or requirements.

7.2 Liability

The Seller is not liable for any indirect, additional, or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price.

The Seller refers to the Website Terms of Use regarding its liability in respect to the Website and the use of the Website.

8. FORCE MAJEURE

The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller's account in accordance with the law, a legal act, or in accordance with generally accepted standards, such as – but not restricted to – the consequences of a pandemic, war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake, or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller's suppliers to supply goods, or a failure on the part of the Seller's suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.

If, as a result of a situation involving force majeure, the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Customer any compensation in that respect.

9. ACCURACY AND AVAILABILITY OF INFORMATION

While We use reasonable efforts to include accurate and up-to-date information on the Website, We make no warranties or representations as to its accuracy.

We assume no liability or responsibility for any errors or omissions in the content of the Website.

Fill in our form if you believe any information is incorrectly reported.

We reserve the right, at our absolute discretion, to add, revise, or remove any content or information without notice.

10. YOUR USE OF THIS WEBSITE

10.1 Browsing on the Website

Your use of and browsing on the Website are at your risk.

Neither We nor any other party involved in creating, producing, or delivering the Website are liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website.

Other than for your own personal use or internal business purposes, you may not without our prior written consent:

• Copy, reproduce, use or otherwise deal with any content on the Website
• Modify, distribute or re-post any content on the Website for any purpose
• Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website
• Use the content of the Website for any commercial exploitation whatsoever

Without limiting the foregoing, everything on the Website is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

10.2 Usage and Treatment of the Material

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products/services using such information. We have not reviewed all of the websites linked to the Website and are not responsible for the content of any off-site pages or any other websites linked to the Website. Your linking to any other off-site pages or other websites is at your own risk.

You agree that no submissions provided by you to the Website will violate any right of any third party, including, without limitation, copyright, trademark, privacy, or other personal or proprietary right(s). You are and shall remain solely responsible for any submissions you make.

While We take every care to ensure that no defamatory, offensive, indecent, or other sensitive material appears on this Website, we must emphasize that you enter the Website at your own risk.

You agree, through your use of both the public and private parts of this Website, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. Legal actions can be taken against you. You also agree not to post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate for this forum.

It is impossible for Us to confirm the validity of content from users. Comments and forums are un-moderated, and although We do actively monitor contributions from users, We are not responsible for any content posted. We do not warrant the accuracy, completeness, or usefulness of any information presented. The messages express the views of the author, not necessarily the views of this Website. Anyone who feels that a posted message is objectionable is encouraged to notify Us immediately. We have the rights to remove objectionable content within a reasonable time frame if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. This policy goes for member profile information as well.

You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Website. We also reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.

It is your responsibility to present clean and accurate information regarding your user details. Any information we deem inaccurate or vulgar will be removed.

Please note that with each contribution you post, your IP address is recorded in the event that you need to be banned from this forum or your ISP contacted. We reserve the right to ban any user from the Website.

11. PASSWORD/ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Us of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

12. SEVERABILITY

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable, then such provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

13. COPYRIGHT

Content on the Essence Amsterdam website is often copyrighted unless otherwise noted. You may not use any materials from the website without the written permission of Essence Amsterdam. We do not guarantee that your use of the materials will not infringe the rights of third parties.

 

14. REVIEW OF TERMS OF USE

We reserve the right to revise these Terms of Use at any time. Please check this page regularly to review the current Terms of Use. By continuing to use the website, you are bound by the revised Terms of Use. If you are unable to access the Terms of Use online, please contact us and we will provide you with a copy of the most recent version.

15. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and Us regarding the use of the Website and supersede all prior negotiations, agreements, and understandings between us relating to the subject matter of these Terms of Service.

16. GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

Last Updated: October 2023

By accessing and using the Essence Amsterdam website (Essence-amsterdam.com), you agree to comply with the following terms and conditions:

 

Contact

Essence Amsterdam
Chamber of Commerce/Company NO.: 90838254
hello@essence-amsterdam.com