Terms and conditions

Article 1 - Definitions.

In these terms and conditions, the following definitions shall apply:

User: PScallme
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement (at a distance) with the user.
Distance contract: an agreement whereby, within the framework of a system organized by the user for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and user being together in the same room at the same time.
Reflection period: the period within which the consumer can exercise his right of withdrawal.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period.
Day: calendar day.
Durable medium: any means that enables the consumer or user to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - User identity

PScallme
Koninginnelaan 93
7315 BP Apeldoorn

Email: [email protected]
Chamber of Commerce number: 08153902
VAT identification number: NL 817393006 B 01

Article 3 - Applicability

These general conditions apply to any offer from the user and any agreement (at a distance) concluded between the user and the consumer.

Article 4 - The order

The information on the basis of which the consumer places his order contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of those details by the consumer. If the user uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors herein do not bind the User.
The consumer's order will be processed the same day on working days. Orders placed during the weekend will be processed the next working day.
The consumer's order is equated with an offer (placing an order), which offer must still be accepted by the user.

Article 5 - The agreement

Subject to the provisions of paragraph 3, the agreement is concluded at the moment the consumer's order is accepted by the user and the conditions set by the user are met.
If the consumer has placed the order electronically, the user shall send the acceptance of the agreement electronically (or otherwise) as soon as possible. As long as the order has not yet been accepted by the user, the consumer may cancel the agreement.
The user is never obliged to accept an order.
The user can, without being obliged to pay any compensation, by registered letter with immediate effect and without judicial intervention, cancel an offer and/or dissolve the agreement with the consumer in whole or in part, if:
a. the consumer applies for suspension of payment or his bankruptcy or is declared bankrupt or offers a settlement outside bankruptcy, or any part of his assets are seized;
b. the consumer fails to fulfill one or more obligations arising from the agreement in question, or fails to fulfill it on time or properly.
The above provisions of the previous paragraph do not affect the legal powers and rights of the user in the event of shortcomings in the fulfillment of the consumer, including those to claim fulfillment and/or damages.

Article 6 - Right of withdrawal upon delivery of products

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 (fourteen) days. This period starts the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the user with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the user.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be for his account.
If the consumer has paid an amount, the user will refund this amount as soon as possible, but at the latest within 30 days after receipt of the consignment on account of the withdrawal.

Article 8 - Exclusion of the right of withdrawal

The right of withdrawal does not apply to goods

that have been created by the User in accordance with the Consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
for jewelry delivered at a discount;
for jewelry and watches, audio and video recordings, computer software, of which the consumer has broken the seal.

Article 9 - The price

All prices quoted by the user include VAT.

Article 10 - Payment

Unless expressly agreed otherwise, the User's invoices must be paid within 14 days of the invoice date.
The user shall always have the right, both before and after the conclusion of the agreement, to demand security for payment and/or advance payment, such with the suspension of the execution of the agreement by the user, until the security has been provided and/or the advance payment has been received by the user.
The consumer shall - without prejudice to his other obligations - owe the User the Dutch statutory interest pursuant to Article 6:119 of the Dutch Civil Code on the outstanding amounts from the due date of the invoice until the date of payment in full.
In the event of non-payment or late payment, all legal process and enforcement costs as well as the extrajudicial collection costs shall be borne by the consumer. The extrajudicial collection costs amount to a minimum of 15% of the invoice amount with a minimum of € 150,00.

Article 11 - Delivery, costs and execution

The User shall take the greatest possible care in the execution of orders for products.
The place of delivery is the address that the consumer has made known to the user.
The consumer is obliged to take delivery of the purchased goods at the moment they are available to him or are handed over to him.
If the consumer refuses to take delivery or fails to provide information or instructions necessary for delivery, the items destined for delivery will be stored at the consumer's risk after user has notified him. The consumer shall in that case be liable for all additional costs.
User ships all items in the Netherlands within Europe and outside Europe via Post NL parcel post. The User charges shipping costs for this. These costs shall be borne by the consumer.
For shipping in the Netherlands, the User will charge the consumer €3.95 under €75 ordering costs. The shipping costs for an article abroad are € 14,95 and are free from € 100,-. These costs are subject to the quantity of the items ordered.
After receiving the payment, the user sends the order to the consumer within 2 weeks.
This deadline is indicative and not fatal. However, the final delivery time will never exceed the specified delivery time by more than one week, unless there is force majeure. If a term is exceeded, the consumer must give User written notice of default.
User bears the risk for a return shipment. We therefore recommend that you send the package by registered mail and keep the shipping receipt, so that you can claim any loss from your carrier.

Article 12 - Obligation to examine and complaints

Immediately upon receipt, the consumer shall be obliged to examine the delivered products or have them examined, including the examination as to whether the quality and/or quantity of the delivered products corresponds with that which was agreed upon and meets the requirements agreed upon by the parties in this respect. Any defects must be reported to the User in writing within a reasonable period of time, but no later than two months, after the Consumer has discovered or reasonably should have discovered the defect. The report must contain as detailed a description of the defect as possible, so that the User is able to respond adequately. The consumer must give the user the opportunity to investigate a complaint (or have it investigated).
On products with elastic, the consumer has no right to complain.
If the consumer complains in time, this does not suspend his payment obligation. In that case, the consumer also remains obliged to take delivery and pay for the goods ordered.
If a defect is reported later, the consumer is no longer entitled to repair, replacement or compensation.
If it has been established that a good is defective and a complaint about this has been made in time, the User shall, at the User's discretion, replace the defective good within a reasonable period of time after receiving it back, or see to its repair or pay compensation to the Consumer. In the event of replacement, the Consumer shall be obliged to return the replaced item to the User and transfer ownership thereof to the User. All this without prejudice to the legal obligations of the consumer and in particular pursuant to Book 7 of the Civil Code.
If it is established that a complaint is unfounded, then the costs incurred as a result, including the research costs, on the part of the User as a result, shall be borne entirely by the Consumer.

Article 13 - Conformity and Warranty

The user guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement.
The guarantee mentioned in paragraph 1 of this article applies for a period of six months after delivery, unless the nature of the delivered goods results otherwise or the parties have agreed otherwise.
If the materials used are natural products, the consumer should take into account any size and color differences.
In any case, conformity and warranty do not include:
a. The non-observance by the consumer/owner of instructions for use and maintenance;
b. Normal wear and tear;
c. Treatment and/or processing and/or repair by third parties, including the consumer;
d. The application of any government regulation regarding the nature or quality of the materials used;
e. Materials provided by the consumer to the user for treatment and/or processing and the influences these materials have on the user's own materials or product;
f. Materials, working methods and constructions, insofar as applied on the express instruction of the client, as well as of materials supplied by or on behalf of the client.
After expiration of the warranty period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the consumer.
The guarantee mentioned in this article belongs to the consumer without prejudice to the rights or claims granted to him by law.

The jewelry of Pscallme is made of Sterling Silver with Gold Filled on top. Gold Filled means that through heat and pressure a fairly thick layer of carat gold is applied to the Sterling Silver. Our charms are Plated because it is not possible to make these Gold Filled because of the shape, stones or a colored flat that discolor by heat. With such charms there is a layer applied over them, but this is just wear and tear sensitive. This is not covered by the warranty.

Article 14 - (Extended) Retention of Title.

All goods delivered by the User under the contract remain the property of the User until the Consumer has properly fulfilled all obligations under the contract(s) concluded with the User.
In the situation, that although the consumer has paid the purchase price, there are still other outstanding claims in the business relationship with the User, the ownership of the goods is only transferred to the consumer when these claims have also been paid in full by the consumer.
Goods delivered by the User which are subject to retention of title pursuant to paragraphs 1 and 2 may not be resold and may never be used as a means of payment. The consumer is not authorized to pledge or encumber in any other way the matters falling under the retention of title.
The consumer must always do everything that can reasonably be expected of him to secure the property rights of user.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the consumer is obliged to inform the user immediately in writing.

Article 15 - Liability

Should the user be liable, then this liability is limited to what is arranged in this provision.
The user is not liable for damage, of whatever nature, caused by:
a. conflicting use by the consumer of instructions and/or advice from the user or from a third party on behalf of the user regarding the delivered goods;
b. errors, incompleteness or inaccuracies in data etc. provided to the user by or on behalf of the consumer;
c. instructions given by or on behalf of the consumer to the user;
d. because the consumer or a third party has carried out work on the delivered goods at the request of the consumer, without the prior written consent of the user.
The user is exclusively liable for direct damage.
Direct damage means exclusively:
a. The reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these terms and conditions;
b. Any reasonable costs incurred to have the user's faulty performance conform to the agreement, in so far as they can be attributed to the user;
c. Reasonable costs incurred to prevent or limit damage, insofar as the consumer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
The User shall never be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business stagnation, nor for damage suffered by third parties. This limitation does not extend further than that permitted by article 7:24 paragraph 2 of the Dutch Civil Code.
If the user should be liable for any damage, then the liability of the user is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
The liability of MSS shall in any event be limited to the amount paid by its insurer in the case in question, in so far as the damage is covered by an insurance policy taken out by MSS.

Article 16 - Limitation period

Notwithstanding the statutory limitation periods, the limitation period of all claims and defenses against the user and the third parties involved by the user in the execution of an agreement is one year.
The provisions of paragraph 1 do not apply to legal claims and defenses based on facts that would justify the assertion that the delivered item does not comply with the contract. Such claims and defenses shall lapse two years after the consumer informed the user of such non-conformity.

Article 17 - Force majeure

If in the opinion of the user a situation of force majeure gives rise thereto, she shall be entitled to terminate the agreement in whole or in part, or to temporarily suspend the execution of the agreement, without being obliged to pay any compensation. 2. Force majeure includes (but is not limited to):
a. labor disputes,
b. sick leave at the user,
c. machine damage,
d. shortcomings, especially late or non-delivery, by suppliers and/or transporters,
e. shortages in the market of required materials and/or labor,
f. theft on the part of the user,
g. external calamity (fire, lightning strike, natural disasters, (civil) war, terrorism or similar situations,
h. government measures (including foreign government),
i. transport, import, export and/or production bans,
j. and all circumstances under which full or partial fulfillment of the agreement cannot be required by the user in all reasonableness and fairness.

Article 18 - Complaints procedure

Complaints about the execution of the agreement must be submitted to the user within a reasonable time, fully and clearly described, after the consumer has become aware of the cause of the complaint. The details of the user are reported in article 2 of these terms and conditions.
Complaints submitted to the user will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the user will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 19 - Privacy

Personal data of the consumer will only be used by the user for a correct processing of the order and will not be provided to third parties without the consent of the consumer.

Article 20 - Applicable law

All rights, obligations, offers, orders and agreements to which these general terms and conditions apply are exclusively governed by Dutch law. The Vienna Sales Convention is expressly excluded.
All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.