Terms and Conditions applicable to Heart to Get and it’s Heart to Get Webshop:
Article 1. Applicability
1.1 These terms and conditions apply to all offers, orders and agreements of Heart to Get.
1.2 The acceptance of an offer or the placing of an order means that you accept the applicability of these terms.
1.3 The provisions in these Conditions may be waived only in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as made in these Conditions and any further agreements for Heart to Get, are also stipulated for intermediaries and other third parties enabled by Heart to Get.
1.5 Heart to Get is holder under name of and legal trademark Heart to Get B.V., Chamber of Commerce no. 56557345.
Article 2. Offers / agreements
2.1 All offers of Heart to Get are without conditions and restrictions and Heart to Get emphasizes it reserves the right to change prices, particularly when this is necessary because of (legal) requirements.
2.2 An agreement is only concluded after acceptance of your order by Heart to Get. Heart to Get is entitled to refuse orders or apply certain conditions to the delivery, unless specifically stated otherwise. If an order is not accepted, Heart to Get will make this known within 10 (ten) business days after receipt of the order and make refunds if applicable.
Article 3. Prices and payment
3.1 The prices mentioned for the products and services are in Euro, including VAT and excluding delivery and handling, taxes or other charges unless otherwise specified or agreed in writing.
3.2 Payment may be done via the following payment options: iDeal, Credit Card, and PayPal. All payments go via Payment Gateway Mollie, who supplies secure payment transactions.
3.3 If you fail to meet the agreed payments, Heart to Get is entitled to suspend, or dissolve the (implementation of the) agreement and related agreements.
3.4 If the prices of the products and services increase in the period between the order and its implementation, you are entitled to cancel the order or to dissolve the agreement within 10 (ten) days after the notice of the price increase has been given by Heart to Get.
Article 4. Delivery
4.1 The delivery times Heart to Get has mentioned are merely indicative. Exceeding the delivery times does not give you any right to compensation nor the right to cancel your order or dissolve the agreement, unless the delay in the delivery is more than 30 business days, in case you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement should that be necessary.
4.2 The delivery of the products will occur in the place and at the time when the products are ready for shipment to you.
Article 5. Reservation of ownership
5.1 The ownership of the delivered products is not transferred until you have met all the obligations to Heart to Get as associated with any agreement. The risk of the products is already transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights attached to the products Heart to Get has delivered.
Article 7. Claims and liability
7.1 You have the obligation to examine whether or not the products meet the terms of the agreement at delivery. If this is not the case, you must inform Heart to Get – with motivation and in writing or by email- as soon as possible and in any event within 7 (seven) business days after delivery, at least after the finding was reasonably possible. For consumers, a period of 14 (fourteen) days applies.
7.2 If proof has been given that the products do not meet the terms of the agreement, Heart to Get can choose to either replace the products by new products or refund the value of the invoice.
7.3 If for whatever reason you do not wish to purchase a product, you – as an individual – have the right to return the product to Heart to Get within 7 (seven) business days after delivery. For consumers, a period of 14 (fourteen) days applies. In this case return delivery can only be accepted if the packaging of the product is undamaged and the product is in its original state. In addition, the costs for the return delivery are your responsibility.
Article 8. Guarantee
8.1 If Heart to Get delivers the products to the customer, Heart to Get can never be held to a guarantee if Heart to Get cannot claim the guarantee with its suppliers. The warranty will always be limited to the maximum product value clearly indicated on the invoice.
Reclamations due to observable defects must, as specified in the conditions of the agreement but no later than 7 (seven) days after receipt of the products, be made in writing. For consumers, a period of 14 (fourteen) days applies. Reclamations Heart to Get receives after this period, do not have to be processed by Heart to Get.
Article 9. Orders / communication
9.1 For orders or announcements that are misunderstood, mutilated, delayed or otherwise not received properly because of the use of the internet or other means of communication between you and Heart to Get or between Heart to Get and third parties, insofar as it relates to the relationship between you and Heart to Get, Heart to Get is not liable, unless Heart to Get is guilty of intent or gross negligence.
Article 10. Force Majeure
10.1 Without prejudice to the other rights Heart to Get has, in case of force majeure, the right to choose to suspend or terminate the execution of your order or dissolve the agreement without judicial intervention by giving you notice in writing and without being obliged to give any form of compensation, unless this in the circumstances, to standards of reasonableness and fairness would be unacceptable.
10.2 Force majeure shall mean any shortcoming Heart to Get is not accountable for, because Heart to Get is not to blame and cannot be held responsible according to law, jurisdiction or common views.
Article 11. Miscellaneous
11.1 If you – in writing – provide Heart to Get with an address, Heart to Get is entitled to send all orders to that address, unless you provide Heart to Get with another address to which you orders need to be delivered. The shipping address is decisive for the value added tax regulations of the European Union.
11.2 When Heart to Get for a short or longer time – whether or not silently – allows deviations from these conditions, it does not diminish the right of Heart to Get to demand immediate and strict compliance with these Conditions. You can never derive any rights on the grounds that Heart to Get applies these Conditions smoothly.
11.3 If one or more of the provisions of these Conditions or any other agreement with Heart to Get is in conflict with any applicable legal provision, the provision concerning shall be deleted and Heart to Get will replace it with a new provision that is legally permissible.
11.4 Heart to Get is entitled to use third parties for the execution of your order(s).
Article 12. Applicable law and jurisdiction
12.1 To all rights, obligations, offers, orders and agreements to which these Conditions apply, and to these conditions, only Dutch law applies.
12.2 All disputes between parties will be submitted to therefore appointed court in the Netherlands.
ADDITIONAL TERMS ON HEARTTOGETJEWELRY.COM
All designs on this website are property of Heart to get BV and may not be copied, reproduced, adapted or distributed. As your product will be custom made, we will need +/- 25 working days to make, finish and ship it out. We will keep you notified by email. Your jewel will be delivered in an Heart to get jewel case. The designs are made using Sterling Silver (925°°° pure silver).
USAGE OF THE SERVICE
Heart to get offers the service of creating your design. You can use the services provided that you are of legal age to make a binding contract. In case you choose to work with our services using an account, it will be protected by a password. You are responsible for maintaining the confidentiality of your account password, and you are responsible for all actions that are done under your account. You will immediately inform Heart to get in case of unauthorized use of your account. Heart to get cannot and will not be liable for any loss or damage, arising from your failure to protect your account and/or your password. You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Site account details section and 2) maintaining and promptly updating account information to maintain its accuracy, currency and completeness.
The ordering process happens as follows : you select the model you would like to customize. Depending on the specific product, you choose the material, accessories, size and text style. You choose the country where the model must be delivered; you have a view of the order and the costs (production, delivery, and other taxes when applicable); you choose the payment manner and execute the payment and confirm the order. Before paying, you have the possibility to go back in the process (clicking the “back” button) if you see that a mistake has been made and you would like to modify it. You must ensure that the information you submit in your order is accurate and complete before paying it, because afterwards it is impossible to bring any modification because the production starts immediately. Should it not be the case, modifications will be allowed in so far it has been agreed by Heart to Get in writing. When you place an order, you make an offer to us to buy a product. After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us, except if there is an inability to process orders, which you shall be informed at last within three working days after filing your order. Heart to Get may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, Heart to Get will reimburse you all monies paid. The prices, charged upon placement of the orders, are calculated based on the product choice, material and accessories. Heart to Get recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.
PRICE – PAYMENT
The price calculated by Heart to get contains the cost for the use of the My heart app configurator, the manufacturing of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by Heart to get, will be paid by you. The price is calculated in EURO. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognized by Heart to Get. Heart to Get remains the sole owner of the products until their entire payment, transport and taxes included. Separate parts of a quote can be invoiced separately. Heart to Get reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid. Heart to Get retains full legal title to products until it has received in full all amounts due on those products and payment on any other products that you have ordered.
TERM OF DELIVERY – RISK OF PAYMENT
The average time required to produce the model is about 25 working days. This is a preliminary indication, but does not bind Heart to get in any way. The delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by Heart to get for the execution of the order. Should a delay rise for which Heart to get is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and Heart to Get cannot be held liable for such delay. Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you. Heart to Get uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.
INSPECTION – RETURNS – REPLACEMENTS – REFUNDS
As the products are made immediately on the basis of your specifications, there is no right to return or possibility for canceling your order within a certain period of time. Upon delivery of the product, Heart to get expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest 14 days after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss Heart to Get from any liability for the possible consequences of the usage of this product. You should not return products without having received an explicit request from Heart to Get to do so. Heart to Get reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of Heart to Get vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of Heart to get, such as that for consequential loss, other indirect loss and loss as a result of third party liability, is excluded. Internet communications are capable of data corruption and therefore Heart to Get does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it. Heart to Get does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify Heart to get in writing that e-mail is not an acceptable means of communication.
Heart to Get grants you a limited, non-exclusive license to personalize products by using our configurator. Heart to Get retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site. The hearttogetjewelry.com website contains names, which are trademarks and/or brand names of Heart to Get. These marks and other Heart to Get brand names may not be used without the written permission of Heart to Get. The copyright in the content of the Site is owned by Heart to Get or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of Heart to Get or the identified owner of the information and content. hearttogetjewelry.com provides an automated internet-based service to users, which they use to create and order products. Heart to Get contractually prohibits its users from using the service to order and/or sell products that infringe third party intellectual property rights (including among others copyright, trademark, design and model, patent, trade dress and right of publicity, etc.). You are solely responsible for the content that you input in the My Heart app configurator. By submitting an order to Heart to Get, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting your content into the My Heart app configurator – and for production without any violation of any intellectual property rights. If the design you submit to Heart to Get risks infringing the intellectual property rights of third parties, Heart to Get reserves the right to either not produce the design or produce the design without the part that risks infringing the rights of third parties.
You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Heart to Get will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Heart to Get does not guarantee such events will not take place and that Heart to Get will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Heart to Get harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.
LIMITATION OF LIABILITY
The information and content provided on the Site and your access of the Site does not create any relationship between you and Heart to Get. ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. HEART TO GET DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. HEART TO GET SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM. UNDER NO CIRCUMSTANCE CAN HEART TO GET BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS HAVE BEEN REQUESTED/ANALYZED IN THE QUOTATION PHASE. THE LIABILITY OF HEART TO GET VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.
DATA PROTECTION AND PRIVACY
By submitting orders:
you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms of Heart to Get; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.
you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.
In certain circumstances Heart to Get may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Heart to Get it shall also be regarded as “Personal Data”. The Personal data are collected by Heart to Get in order to:
fulfill its obligations under any sale and purchase contract and any other contract with you
ask your opinions on its products and services
provide you with the latest products and services information
improve the products and services for you
do not use Personal Data other than for the purposes permitted
obtain and process Personal Data only on condition that they secure that Personal Data from unauthorized use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use
comply strictly with applicable laws
GOVERNING LAW, JURISDICTION
The sale of products and these terms shall be governed by and construed under the laws of the Netherlands. All disputes will be submitted to the exclusive jurisdiction of the Courts of Amsterdam.
OTHER – GENERAL
No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.
Circumstances beyond our reasonable control
Heart to Get will make every effort to perform its obligations under these terms. However, Heart to Get is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Heart to Get – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfillment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, Heart to Get will perform our obligations as soon as reasonably possible.
If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired. If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable. If you have any questions or comments regarding the Site, please contact us by email at firstname.lastname@example.org
This website is the property of Heart to Get B.V.
Heart to Get B.V.
2641 KM Pijnacker
Zuid – Holland
By accessing and using the website you express your explicit agreement with the following general terms and conditions. Heart to Get BV reserves the right to alter or delete material from the website at any time, and Heart to Get BV may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Heart to Get’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Heart to Get and other policies.
Use of “cookies”
Intellectual property rights
These websites www.hearttogetjewelry.com and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with Heart to Get BV’s consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without Heart to Get’s express consent. All the trademarks used on the website are the property of their respective holders. You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material.
Intellectual property policy
Heart to Get encourages intellectual property rights owners to contact Heart to Get if they believe that a user of the Heart to Get service has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the Heart to Get users, Heart to Get will verify your claim and will (in its discretion) require that the user’s content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user’s access to our services.
User Contributed Content/Comments
You are solely responsible for the content that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with or allow to be shared with other users (collectively the “User Content”). You may not post, transmit, share or allow to be shared User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Heart to Get may, but is not obligated to, review the Site and that Heart to Get may delete or remove (without notice) any Site content or User Content. Heart to Get will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person’s copyrighted work. You acknowledge that by sending to the Site and Heart to Get any information or material, in whatever form, you grant to Heart to Get and to any visitor of the Site a nonexclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others. You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Heart to Get will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Heart to Get does not guarantee such events will not take place and that Heart to Get will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Heart to Get harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.
Heart to get provides users with a set of complete e-commerce tools needed to personalize and order a wide variety of products featuring their idea. Therefore, the content of Heart to Get is partly created by users of service, offered by Heart to Get, and the hosting of the content by Heart to Get does not in any way reflect the opinions and views of Heart to Get. The information specified on this website is only intended for general information purposes. Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website. The information provided on this website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice. Although Heart to Get aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, Heart to Get cannot guarantee that this information is exact, complete and correct. Heart to Get further assumes no liability or responsibility for any errors or omissions in the content of the website. The use of the website is at your own risk. Neither Heart to Get nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Heart to Get makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free. 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.
From our website, you can visit other websites by following hyperlinks to these sites. While Heart to Get strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Heart to Get therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website. Heart to Get reserves the right to alter or delete material from the website at any time, and Heart to Get may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Heart to Get’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Heart to Get and other policies.