Table of contents:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Industry Guarantee

Article 19 - Additional or different provisions

Article 20 - Amendments to the General Terms and Conditions of Home Shopping

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Additional agreement

2. Reflection periodThe period within which the consumer can make use of his right of withdrawal;

3. Consumerthe natural person who is not acting for purposes relating to his trade, business, craft or profession;

4. Daycalendar day;

5. Digital contentdata produced and delivered in digital form;

6. Term Agreementa contract for the regular supply of goods, services and/or digital content for a specified period of time;

7. Durable mediumAny device - including e-mail - which enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;

8. Right of withdrawalthe possibility for the consumer to withdraw from the distance contract within the cooling-off period;

9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;

10. Distance contract:A contract which is concluded between the trader and the consumer as part of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the moment at which the contract is concluded, exclusive or joint use is made of one or more techniques for distance communication;

11. Model form for withdrawalthe European model withdrawal form set out in Annex I to these conditions; Annex I need not be provided if the consumer does not have a right of withdrawal regarding his order;

12. Technology for distance communicationMeans that can be used for the conclusion of a contract, without the consumer and the trader having to have met in the same room at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur's name: Steinberg Ringfabriek B.V.

Acting under the name(s):

- Steinberg, 123GOLD

Branch address:

Meent 3-A

3011 JA ROTTERDAM

Telephone number: +31-(0)10-4126144

Reachability:

From Tuesday to Friday from 11:00 am to 6:00 pm

Email address: info@123gold.nl

KvK-nummer: 56171390

Btw-nummer: NL852004096B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, in what way the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

4. Where specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply by analogy and, in the event of conflicting conditions, the consumer may always rely on the applicable provision which is the most favourable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The contract

1. The contract shall, subject to the provisions of paragraph 4, be concluded at the time of the consumer's acceptance of the offer and the fulfilment of the conditions thereby stipulated.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

5. The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:

   1. the visiting address of the trader's business establishment where the consumer can lodge complaints;

   2. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

   3. the information on guarantees and existing after-sales services;

   4. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;

   5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;

   6. if the consumer has a right of withdrawal, the model form for withdrawal;

6. In the case of a duration transaction, the provision in the preceding paragraph shall apply only to the first delivery;

Article 6 - Right of withdrawal

In the case of products:

1. The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of n/a days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to give his reason(s).

2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated by the consumer in advance and who is not the carrier, has received the product, or:

   1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.

   2. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

   3. in the case of contracts for regular delivery of products during a defined period of time: the day on which the consumer, or a third party designated by him, has received the first product;


In the case of services and digital content not supplied on a tangible medium:

3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for n/a days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).

4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.


Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period shall expire n/a days after the day on which the consumer received this information.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer shall only be liable for any diminution in value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

3. The consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct cost of returning the product. If the entrepreneur has not notified the consumer that these costs must be borne by the consumer or if the entrepreneur indicates that the costs are to be borne by the consumer himself, the consumer does not have to bear the costs of return shipment.

6. If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commence during the cooling-off period, the consumer shall owe the trader an amount which is proportionate to that part of the undertaking which has been fulfilled by the trader at the time of withdrawal, as compared with the full performance of the undertaking.

7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to the supply of district heating, if:

   1. the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or;

   2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period;

8. The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible medium if:

   1. he has not expressly agreed, prior to its delivery, to the commencement of performance of the contract before the end of the cooling-off period;

   2. he has not acknowledged losing his right of withdrawal when giving his consent; or

   3. the trader has failed to confirm this declaration by the consumer;

9. If the consumer exercises his right of withdrawal, all ancillary contracts shall be cancelled by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

1. If the trader enables the notification of withdrawal by the consumer by electronic means, he shall send an acknowledgement of receipt of such notification without delay after receipt thereof.

2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

3. The entrepreneur shall use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement shall be free of charge to the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

1. Products or services of which the price is linked to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period.

2. Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

3. Service agreements, after full performance of the service, but only if:

   1. the execution has begun with the consumer's express prior consent; and

   2. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;

4. Package holidays as referred to in article 7:500 Civil Code and contracts of passenger transport;

5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;

6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;

7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10. Products which, after delivery, are by their nature irrevocably mixed with other products;

11. Alcoholic beverages, the price of which has been agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;

12. Sealed audio, video recordings and computer software, of which the seal is broken after delivery;

13. Newspapers, journals or magazines, excluding subscriptions thereto;

14. The delivery of digital content other than on a tangible medium, but only if:

    1. the performance has begun with the express prior consent of the consumer; and

    2. the consumer has declared that he thereby loses his right of withdrawal;

Article 11 - The price

1. During the period of validity mentioned in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

   1. They are the result of statutory regulations or provisions; or

   2. the consumer has the power to terminate the contract from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Performance contract and additional guarantee

1. The trader warrants that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the existing statutory provisions and/or government regulations on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.

3. Extra guarantee means any commitment from the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims beyond what he is legally obliged to do in case he has failed to fulfil his part of the contract.

Article 13 - Delivery and performance

1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. Subject to what is stated in Article 4 of these general conditions, the entrepreneur will accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

5. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and known to the entrepreneur representative, unless otherwise expressly agreed.

Article 14 - Duration transactions: duration, termination and renewal

Cancellation:

1. The consumer may terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of up to one month.

2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed term subject to the agreed termination rules and a period of notice that does not exceed one month.

3. The consumer may terminate the contracts referred to in the preceding paragraphs:

   1. terminate at any time and not be limited to termination at a specific time or in a specific period;

   2. at least terminate in the same manner as they were entered into by him;

   3. always terminate with the same period of notice as the entrepreneur has stipulated for himself;


Renewal:

4. A contract entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.

5. In derogation from the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of up to one month.

6. A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may give notice at any time, with a period of notice that does not exceed one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. A contract with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.


Duration:

8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 15 - Payment

1. Insofar as not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract for the provision of a service, this period shall begin on the day after the consumer has received the confirmation of the contract.

2. If you choose the iDeal or bank transfer payment method, the order will be put into production as soon as the deposit of 50% of the order value is in our account. Your order will be shipped when the balance is paid. You can also pay the balance on delivery (UPS COD option, selectable under Delivery Method). After you have made the deposit, the order will be put into production. The balance is payable upon delivery to the delivery person in cash. The additional cost associated with this payment method is 20 €.

3. The consumer has the duty to report any inaccuracies in payment data provided or stated to the entrepreneur without delay.

4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.

3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

4. A complaint about a product, service or the trader's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website.www.thuiswinkel.org. The complaint is then sent both to the merchant in question and to Thuiswinkel.org.

5. The consumer must give the trader at least 4 weeks to resolve the complaint in mutual consultation. After this period arises a dispute that is susceptible to the dispute resolution procedure.

Article 17 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.

2. Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague, by either the consumer or the trader, with due observance of that which is stipulated below.(www.sgc.nl).

3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.

4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader, in writing or in another form to be determined by the Committee.

5. When the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably, the consumer reports this to the entrepreneur first.

6. When the trader wants to submit a dispute to the Disputes Committee, the consumer will have to make a written statement within five weeks after a written request made by the trader, as to whether he wishes to do so or wishes to have the dispute heard by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court. 

7. The Disputes Committee shall make its decision subject to the conditions as laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee shall be made by way of a binding opinion.

8. The Disputes Committee shall not deal with a dispute or shall cease dealing with it if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities, before a dispute has been dealt with by the Committee at the session and a final ruling has been issued.

9. If, besides the Thuiswinkel Arbitration Board, another arbitration board is authorized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) (Foundation for Disputes Committees for Consumer Cases) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Complaints Institute for Financial Services), then, for disputes concerning mainly the method of distance selling or the provision of services, the Thuiswinkel Arbitration Board will be the competent body. For all other disputes, the other disputes committees recognized by the SGC or Kifid.

Article 18 - Industry Guarantee

1. Thuiswinkel.org guarantees that its members will comply with the binding advice issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for verification within two months of the advice being sent. This guarantee will be revived if the binding advice is upheld after review by the court and the judgement that shows this has become final. Up to a maximum amount of € 10.000,- per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts larger than € 10.000,- per binding advice, € 10.000,- will be paid. For the excess amount, Thuiswinkel.org has a best-effort obligation to ensure that the member complies with the binding advice.

2. Application of this guarantee requires that the consumer makes a written claim to this effect to Thuiswinkel.org, and that he transfers his claim on the trader to Thuiswinkel.org. If the claim on the trader exceeds €10.000,-, the consumer will be offered to transfer his claim as far as it exceeds the amount of €10.000,- to Thuiswinkel.org, after which this organization will in its own name and costs demand payment of this in court for the satisfaction of the consumer.

Article 19 - Additional or different provisions

Additional or different provisions from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 - Amendment to the General Terms and Conditions of Home Shopping

1. Thuiswinkel.org will not amend these general terms and conditions except in consultation with the Consumers' Association.

Bijlage I: Modelformulier voor herroeping

Modelformulier voor herroeping

(dit formulier alleen invullen en terugzenden wanneer u de overeenkomst wilt herroepen)

• Aan: [ naam ondernemer]
  [ geografisch adres ondernemer]
  [ faxnummer ondernemer, indien beschikbaar]
  [ e-mailadres of elektronisch adres van ondernemer]
• Ik/Wij* deel/delen* u hierbij mede, dat ik/wij* onze overeenkomst betreffende
  de verkoop van de volgende producten: [aanduiding product]*
  de levering van de volgende digitale inhoud: [aanduiding digitale inhoud]*
  de verrichting van de volgende dienst: [aanduiding dienst]*, herroep/herroepen*
• Besteld op*/ontvangen op* [datum bestelling bij diensten of ontvangst bij producten]
• [Naam consumenten(en)]
• [Adres consument(en)]
• [Handtekening consument(en)] (alleen wanneer dit formulier op papier wordt ingediend)

* Doorhalen wat niet van toepassing is of invullen wat van toepassing is.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

Postbus 7001, 6710 CB Ede