Terms of service
GENERAL TERMS AND CONDITIONS B&M ONLINE RETAIL B.V.
This website is operated by B&M Online Retail B.V. By visiting our website and/or purchasing anything from us, you participate in our "Service" and agree to the following terms and conditions ("Terms and Conditions" and "Terms"), including the additional terms and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to users who browse, sellers, customers, merchants, and/or content contributors.
SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE STORE
1.1 By agreeing to these Terms and Conditions, you declare that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have given us permission to allow your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You are not allowed to send or transmit computer viruses, worms, or any other destructive code.
1.4 A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - IDENTITY OF THE ENTREPRENEUR
Company name: B&M Online Retail B.V.
Chamber of Commerce number: 99207877
Trade name: ElleGems Amsterdam
VAT number: NL868866696B01
Customer service email: info@ellegems.nl
Business address: Nevelgaarde 8, 3436ZZ Nieuwegein
SECTION 3 - GENERAL TERMS AND CONDITIONS
3.1 We reserve the right to refuse service to anyone, for any reason, at any time.
3.2 You understand that your content (excluding credit card information) may be transmitted unencrypted and may include: (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or current information sources. Any reliance on the material on this site is at your own risk.
4.2 This site may contain certain historical information. Historical information is necessarily not current and is provided solely for reference.
4.3 We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 5 - CHANGES TO THE SERVICE AND PRICES
5.1 Prices for our products may be changed without prior notice.
5.2 We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
5.3 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 6 - PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are only subject to return or exchange according to our Return Policy.
6.2 We have made every effort to display the colors and images of our products appearing in the store as accurately as possible. We cannot guarantee that the display of any color on your computer screen will be accurate.
6.3 We reserve the right, but are not obligated, to restrict the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.4 We do not guarantee that the quality of any products, services, information, or other material you have purchased or obtained will meet your expectations, or that errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
7.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you via the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.
7.3 You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, in a timely manner so that we can complete your transactions and contact you if necessary.
SECTION 8 - PRICE
8.1 All prices for products displayed on the website are exclusive of VAT, import duties, customs clearance fees, and other local taxes or charges applicable in the destination country. Since the entrepreneur does not charge VAT on these sales (see Section 12), the customer is fully responsible for all these import costs.
8.2 Notwithstanding the foregoing, the entrepreneur may offer products or services with variable prices that depend on fluctuations in the financial market, over which the entrepreneur has no influence. This dependence on market fluctuations and the fact that the mentioned prices may be indicative will be clearly stated in the offer.
8.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
8.4 Price increases occurring after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has agreed to them, and
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the date the price increase takes effect.
SECTION 9 - OPTIONAL TOOLS
9.1 We may provide you access to third-party tools over which we have no supervision, control, or input.
9.2 You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We are in no way liable for or in connection with your use of optional third-party tools.
9.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party provider(s).
9.4 We may also offer new services and/or features through the website in the future (including the introduction of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.
SECTION 10 - THIRD-PARTY LINKS
10.1 Certain content, products, and services available through our Service may contain third-party material.
10.2 Third-party links on this site may lead you to third-party websites that are not owned by us. We are not responsible for investigating or evaluating the content or accuracy, and we make no guarantees and are not liable for third-party materials or websites, or for other third-party materials, products, or services.
10.3 We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or other transactions associated with third-party websites. Please carefully review the policies and practices of the third party and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 11 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
11.1 If you submit certain specific entries at our request (for example, contest entries), or send creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by mail, or otherwise (collectively ‘comments’), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use any comments you send to us in any medium. We are not obligated: a. to keep comments confidential; b. to pay compensation for comments; or c. to respond to any comments.
11.2 We may, but are not obligated to, monitor, edit, or remove content that we consider unlawful, offensive, threatening, defamatory, disparaging, pornographic, obscene, or otherwise objectionable at our sole discretion, or that violates the intellectual property rights of any party or these Terms and Conditions.
11.3 You agree that your comments will not infringe any third party rights, including copyrights, trademarks, privacy, personality rights, or other personal or property rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties about the origin of any comment. You are solely responsible for all comments you make and their accuracy.
11.4 We accept no responsibility and assume no liability for comments posted by you or any third party.
SECTION 12 – IMPORT AND VAT
12.1 Shipping environment: The Customer acknowledges that all goods ordered through this website are shipped directly by a third-party supplier outside the European Union (EU) and the United Kingdom (UK). The goods do not enter the trade flow of the UK or EU via the entrepreneur.
12.2 Place of delivery and exclusion of VAT: In accordance with applicable VAT regulations (including Articles 32-33 of EU Directive 2006/112/EC and similar national provisions such as Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968), the place of delivery for VAT purposes is deemed to be the country where the transport begins (i.e., outside the EU/UK). Consequently, the entrepreneur does not charge VAT on the sale of these goods. The prices shown are therefore exclusive of VAT or import duties.
12.3 Customer as importer of the goods: The customer acts as the importer of the goods in the country of delivery and is fully responsible for complying with all import formalities.
12.4 Customer's Responsibility for Import Costs: The Customer expressly acknowledges and accepts that they alone are responsible for declaring and paying all applicable import costs upon the arrival of the goods in the destination country. This includes, but is not limited to:
a) Import VAT at the rate applicable in the destination country;
b) Customs duties, levies, or taxes;
c) Customs clearance fees, brokerage fees, or administrative surcharges imposed by customs authorities or the postal/courier service.
These costs are usually collected from the Customer by the delivering postal or courier service prior to or at the time of delivery. The Entrepreneur is not involved in determining or collecting these import costs.
12.5 No liability for import costs or delays: The entrepreneur is in no way liable for import VAT, duties, taxes, or delays, seizures, or non-deliveries resulting from non-compliance by the customer. By placing an order, the customer accepts these terms and indemnifies the entrepreneur from all related claims or costs.
SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
13.1 From time to time, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, and availability.
13.2 We reserve the right to correct errors, inaccuracies, or omissions and to change information or cancel orders if information in the Service or on any related website is inaccurate, at any time and without prior notice (even after you have placed your order).
13.3 We assume no obligation to update, modify, or clarify information in the Service or on any related website, including but not limited to price information, except as required by law. No update or renewal date applied in the Service or on any related website shall be construed as an indication that all information in the Service or on any related website has been changed or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions set forth in these Terms, it is prohibited to use the site or its content:
a. for any unlawful purpose;
b. to incite others to commit unlawful acts;
c. to violate international, federal, provincial or state regulations or local laws;
d. to infringe on our or others' intellectual property rights;
e. to intimidate, abuse, insult, harm, defame, slander, belittle, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to provide false or misleading information;
g. to upload or transmit viruses or other types of malicious code that may be used in any way and that may affect the functionality or operation of the Service or any related website, other websites, or the internet;
h. to collect personal data of others;
i. to spam, phish, pharm, impersonate others, spider, crawl, or scrape;
j. for obscene or immoral purposes; or
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.
14.2 We reserve the right to terminate your use of the Service upon violation of these prohibitions.
SECTION 15 - WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
15.1 We do not guarantee, represent, or warrant that the use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable.
15.2 We reserve the right to remove the service indefinitely or to cancel the service at any time without notice to you.
15.3 You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services delivered to you through the service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, ownership, and non-infringement.
15.4 Under no circumstances shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or products obtained through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to errors or omissions in any content, or any loss or damage of any kind suffered as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if you were aware of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.
SECTION 16 – RETURN POLICY
16.1 The customer has the right to return the product within 14 days of receipt. The customer bears all costs associated with the return shipment of the product. The product must be returned directly to the supplier.
16.2 B&M Online Retail B.V. is not responsible or liable for any costs related to the return shipment of the product. The customer agrees to indemnify B&M Online Retail B.V. for any expenses or liabilities related to the return process.
SECTION 17 – INDEMNIFICATION
You agree to indemnify B&M Online Retail B.V. and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third party due to your violation of these General Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.
SECTION 18 – SEVERABILITY
If any part of these General Terms and Conditions is found to be illegal, void, or unenforceable, that part shall nevertheless remain enforceable to the extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms. This provision does not affect the validity and enforceability of the remaining provisions.
SECTION 19 – TERMINATION
19.1 Obligations and liabilities of the parties incurred before the termination date shall remain in effect after termination of this agreement for all purposes.
19.2 These General Terms and Conditions remain in effect unless and until they are terminated by you or us. You may terminate these Terms at any time by informing us that you no longer wish to use our services, or when you stop using our site.
19.3 If, in our opinion, you fail to comply with any provision or condition of these General Terms and Conditions, we may terminate this agreement at any time without prior notice. You remain liable for all amounts due up to the termination date; in addition, we may deny you access to our services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
20.1 The fact that we do not exercise or enforce any right or provision of these Terms and Conditions does not mean that we waive that right or provision.
20.2 These Terms and Conditions and all policies or operational rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us, and supersede all prior or contemporaneous agreements, communications, and proposals, both oral and written, between you and us (including earlier versions of the Terms and Conditions).
20.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. This means that if there are unclear parts of the terms, they shall not be interpreted against us but in a manner that is reasonable and in favor of the company.
SECTION 21 – APPLICABLE LAW
These Terms and Conditions and any separate agreements under which we provide you with services are governed by and interpreted in accordance with Dutch law.
ARTICLE 22 – PRIORITY OF THESE TERMS OVER COUNTERPARTY TERMS
These Terms and Conditions take precedence over all terms of the counterparty, including those in orders, invoices, or other documents of the counterparty. Terms of the counterparty that conflict with or deviate from these Terms and Conditions are expressly rejected unless we expressly agree to them in writing.
ARTICLE 23 – PRIORITY OF THE AGREEMENT
If there are contradictions or inconsistencies between the provisions of these Terms and Conditions and the provisions of a specific agreement between the customer and the entrepreneur, the provisions of that specific agreement shall prevail. Conflicting provisions in the Terms and Conditions shall then be disregarded.
SECTION 24 – CHANGES TO THE TERMS
24.1 You can view the most current version of the Terms and Conditions at any time on this page.
24.2 We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions at any time by posting updates and changes on our website. It is your responsibility to review our website regularly for changes.
24.3 Your continued use of or access to our website or the Service after any changes to these Terms and Conditions have been posted constitutes your acceptance of those changes.