Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - Conclusion of the agreement

Article 6 - Execution of the agreement

Article 7 - Delivery

Article 7A - Packaging and transport

Article 7B - Returns Policy

Article 8 - Investigation, complaints

Article 9 - Prices

Article 10 - Payment and collection policy

Article 11 - Warranty

Article 12 - Suspension and dissolution

Article 13 - Limitation and Liability

Article 14 - Transfer of risk

Article 15 - Force majeure

Article 16 - Intellectual property rights

Article 17 - Privacy, data processing and security

Article 18 - Complaints

Article 19 - Applicable law

Article 1 - Definitions

  1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
  2. Custom Love  is a website of Custom Love.
  3. Consumer: Natural person who (does not) act in the exercise of his profession or business.
  4. Buyer: The Consumer who enters into a (distance) agreement with the Seller.
  5. Company: The natural or legal person acting in the exercise of a profession or business.
  6. Offer: Any written offer to the Buyer to deliver Products by Custom Love . 
  7. Products: the products offered by Custom Love  are hobby items. 
  8. Agreement: the (distance) purchase agreement that extends to the sale and delivery of products purchased by the Buyer from  Custom  Love .
  9. Website: the website that Custom Love uses is https://customlove.co

Article 2 - Identity of the entrepreneur

Custom Love , part of Custom Love 

E-mail address: support@custom-love.co

Article 3 - Applicability

  1. These general terms and conditions apply to every Offer from Custom Love  and every agreement between Custom Love  and a Buyer and to every product  offered by Custom Love . These terms and conditions also apply to all agreements with Custom Love , for the execution of which third parties must be involved.
  2. Before a (distance) agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Custom Love will  indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the Custom Love website(s)  , so that the Buyer can easily store these general terms and conditions on a durable data carrier.
  3. Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchasing) conditions of the Buyer is expressly rejected. Only Custom Love  's general terms and conditions  apply to all assignments agreed with Custom Love . In exceptional situations, the general terms and conditions may be deviated from if this has been explicitly agreed in writing with Custom Love  .
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
  5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original. provision.
  6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.

Article 4 - The Offer

  1. All offers made by Custom Love  are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be expressly stated in the offer. A quotation only exists if it is recorded in writing.
  2. The quotations made by Custom Love  are without obligation. Custom Love  is only bound to the quotation if acceptance thereof is confirmed in writing by the Buyer within 30 days, or if Custom Love  sends an invoice based on what has been purchased by the Buyer and recorded in writing on the spot. Nevertheless, Custom Love has the right  to refuse  an agreement with a potential Buyer for a reason justified by Custom Love
  3. The offer contains a complete and accurate description of the product offered. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the offer. Obvious mistakes or errors in the offer cannot bind Custom Love  . The images and specific data in the offer are only an indication and cannot be grounds for any compensation or termination of the agreement (remotely). Custom Love  cannot guarantee that the colors in the image exactly match the real colors of the product.
  4. Delivery times on the Custom Love website  are indicative and do not entitle the buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
  5. A composite quotation does not oblige Custom Love  to deliver part of the items included in the offer or quotation for a corresponding part of the stated price.
  6. In principle no offers are made. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle as indicated in the offer.

 

Article 5 - Conclusion of the agreement

  1. The agreement is concluded when the Buyer has accepted an offer from Custom Love  by paying for the product in question.
  2. An Offer can  be made by Custom Love via the webshop.
  3. If the Buyer has accepted the Offer by concluding an agreement with Custom Love , Custom Love will  confirm the agreement with the Buyer in writing by e-mail.
  4. If the acceptance deviates (on minor points) from the offer included in the quotation or invoice, Custom Love is  not bound by this. The Buyer must pay the full quotation or invoice, unless the Buyer can demonstrate that otherwise has been agreed.
  5. Custom Love is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.
  6. Agreements or agreements can only be entered into by authorized employees, employed or hired persons of Custom Love  who are authorized to represent and have a written power of attorney.
  7. Consumers can withdraw within 14 days. The right of withdrawal is excluded if the Buyer is a company.

 

Article 6 - Execution of the agreement

  1. Custom Love will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. If and insofar as proper execution of the agreement requires this, Custom Love has  the right to have certain work carried out by third parties at its own discretion.
  3. The Buyer ensures that all information that Custom Love  indicates is necessary or of which the Buyer should reasonably understand that it is necessary for the execution of the agreement,  is provided to Custom Love in a timely manner. If the information required for the execution of the agreement has not  been provided to Custom Love in a timely manner, Custom Love has  the right to suspend the execution of the agreement and/or charge the buyer for the additional costs resulting from the delay according to the usual rates. to bring.
  4. Custom Love is not liable for damage of any nature whatsoever caused by Custom Love  relying on incorrect and/or incomplete information provided by the Buyer, unless Custom Love  was aware of this incorrectness or incompleteness.
  5. The Buyer indemnifies Custom Love  against any claims from third parties who suffer damage in connection with the execution of the agreement and which is attributable to the Buyer.

 Article 7 - Delivery

  1. In principle, delivery takes place from the Supplier's warehouse.
  2. Shipping of the products is free.
  3. If the commencement, progress or delivery of the services is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received (on time) by Custom Love  or other  If a delay occurs due to circumstances beyond Custom Love 's control , Custom Love is  entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give notice of default to Custom Love  in writing and grant him a reasonable period in which to deliver. The buyer is not entitled to any compensation due to the delay.
  4. The buyer is obliged to purchase the goods at the time they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.
  5. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, Custom Love  is entitled to store the goods at the expense and risk of the Buyer.
  6. If Custom Love  requires information from the Buyer in the context of the execution of the agreement, the delivery time starts after the Buyer  has made it available to Custom Love .
  7. If Custom Love  has specified a delivery period, this is indicative. For deliveries outside the Netherlands, longer delivery times apply than those stated on the website. This period depends on the Supplier's delivery time.
  8. Custom Love is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. Custom Love  is entitled to invoice the goods thus delivered separately. 
  9. The Buyer is responsible for the import and payment of VAT and any import duties of the products purchased by the Buyer.

Article 7A - Packaging and transport

  1. Custom Love undertakes towards the client to properly package the goods to be delivered by the Supplier and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless otherwise agreed in writing, all deliveries are exclusive of sales tax (VAT), excluding packaging and packaging materials.
  3. Accepting goods without any comments on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.
  4. The buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to purchase the goods in the agreed manner. If the goods are not sold cleared by Custom Love  , a Buyer cannot derive the right to cancel the order. If the Buyer has to pay import duties, these costs are entirely at the expense and risk of the Buyer. The right to cancel the order cannot also be derived from a change in any quality regulations and/or objections made by third parties to the goods on the grounds of patents, trademarks and other rights.
  5. The risk of war is always borne by the Buyer.

Article 7B - Returns Policy

  1.  Custom Love jewelry is personalized and specially produced according to the specifications given by the consumer. These items are  not  eligible for returns. Refund of the purchase amount is also excluded.
    On the basis of Article 230p sub f under 1 of Book 6 of the Civil Code, custom-made products are excluded from the right of withdrawal. Customization includes the engraving of our personalized jewelry.
  2. Customlove does not offer a refund for items purchased during our Sale.
  3. All other jewelry that has not undergone any form of personalization or is not on sale are eligible under our returns policy.

Article 8 - Investigation, complaints

  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within fourteen days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether he retains the product. The Buyer must investigate whether the quality and quantity of the delivered goods correspond with the agreement and the products meet the requirements that apply in normal (trade) traffic.
  2. The buyer is obliged to investigate how the product should be used and, in case of personal use, to test the product in accordance with the instructions for use. Custom Love  accepts no liability for incorrect use of the product by the Buyer, nor for incorrect advice given by the Buyer to the Buyer's customers.
  3. Any visible defects or shortages must  be reported to Custom Love in writing after delivery support@custom-love.co The buyer has a period of 14 days after delivery to do this. Invisible defects or shortages must be reported within one month after discovery, but no later than six months after delivery. If the product is damaged due to careless handling by the Buyer, the Buyer is liable for any reduction in value of the product.
  4. If the Buyer wishes to return defective items, this will only be done with the prior written permission of Custom Love  in the manner indicated by Custom Love  . Returning items is solely at the discretion of Custom Love .
  5. If the Buyer exercises his right of withdrawal, he will, if Custom Love believes this  is necessary, return the product and all accessories, insofar as reasonably possible, in the original condition and packaging to Custom Love , in accordance with Custom Love 's return instructions .
  6. Refunds will only be made if agreed in writing with Custom Love .
  7. Refunds to the Buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Refunds will be made to the previously specified account number.
  8. If the Buyer exercises his right of complaint, he has no right to suspend his payment obligation nor to settle outstanding invoices.
  9. In the absence of a complete delivery, and/or if one or more products are missing, and this  is attributable to Custom Love , Custom Love  will , after a request from the Buyer, send the missing product(s) via the Supplier or the remaining order. cancel (with refund of the excess payment). The confirmation of receipt of the products is leading. Any damage suffered by the Buyer as a result of the different size of the delivery cannot be recovered from Custom Love .
  10. Complaints are not possible if the Buyer himself ordered the wrong products or had wrong expectations of the product in question.

 Article 9 - Prices & Rates

  1. During the period of validity of the offer, the prices of the products offered will not be increased, unless there are changes in VAT rates.
  2. The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless expressly stated otherwise. For consumers, the price is shown excluding VAT.
  3. The prices stated in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantageous or disadvantageous differences at the time of arrival, embarkation or delivery will be credited or borne by the Buyer.
  4. If there are products for which there are price fluctuations on the financial market and over which Custom Love  has no influence, Custom Love can  offer these products with variable prices. The offer states that the prices are target prices and may fluctuate.
  5. Three months after the conclusion of the agreement, price increases can be applied by Custom Love  at its discretion. If price increases occur within these three months, this can only be the result of a legal regulation.
  6. Special additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.”

Article 10 - Payment and collection policy

  1. Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days of the invoice date, but do not suspend the payment obligation.
  2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
  3. The buyer must pay these costs in one lump sum using the payment methods indicated in the webshop. Except in special circumstances, the Buyer can only  agree on a further period in which the amount due must be paid after explicit written permission from Custom Love .
  4. Custom Love  has the right to have the payments made by the Buyer firstly deduct the costs, then the accrued interest and finally the principal sum and the current interest.  Custom Love  may, without being in default, refuse an offer of payment if the buyer indicates a different order for the allocation. Custom Love  may refuse full repayment of the principal amount if the accrued and current interest as well as the costs are not also paid.
  5. If the Buyer does not meet his/her payment obligation within the specified payment term of 14 days, the Buyer will first receive a written reminder before being in default, after which they will receive a reminder in which they will be informed of the consequences of the default.
  6. From the date that the Buyer is in default, Custom Love will  , without further notice of default, claim statutory interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the compensation decision. extrajudicial collection costs from July 1, 2012.
  7. If Custom Love  has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

Article 11 - Warranty

  1. We offer a 30 day warranty from the date of delivery against any manufacturing defects or issues related to workmanship.
  2. Custom Love does not guarantee that the products meet the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time of the conclusion of the agreement. Custom Love  does not guarantee the existence of defects in the delivered goods, but Custom Love  strives and will make every effort to deliver the delivered goods in accordance with the agreement. The actual shelf life of shelf-stable products cannot be guaranteed.
  3. The above-mentioned warranty applies to the scope and for a period corresponding to the manufacturer's warranty. Custom Love  is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products.
  4. All products offered by Custom Love  have a CE marking, as well as the name and address of the manufacturer.
  5. If the goods to be delivered do not meet these guarantees, Custom Love will replace or arrange for  the goods to be replaced or arranged within a reasonable period after receipt thereof or, if return is not reasonably possible, upon written notification of the defect by the Buyer, at the discretion of Custom Love .  for recovery. In the event of replacement, Buyer agrees to return the replaced item to Custom Love and provide  ownership to Custom Love if  required by Custom Love for reimbursement. 
  6. The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or if, without written permission from Custom Love , the Buyer or third parties have made or attempted to make changes to the item or have used it for purposes. for which the item is not intended or has been used under abnormal circumstances.
  7. If the warranty provided by Custom Love  concerns an item that was produced by a third party, the warranty is limited to the warranty provided by the manufacturer of the item.
  8. Custom Love points out that certain products, including cosmetic products, have a limited shelf life, which is always stated on the product in question. The buyer must take this shelf life into account, within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.
  9. If you have questions about the application of care products and the effect of certain ingredients, and their suitability for the Buyer, the Buyer can contact Custom Love with general questions , or ask specific advice from his own doctor or GP.

 

Article 12 - Suspension and dissolution

  1. Custom Love is entitled to suspend the fulfillment of the obligations or to terminate the agreement if the Buyer does not or does not fully comply with the (payment) obligations under the agreement.
  2. In addition, Custom Love is  entitled to dissolve the agreement(s) existing between it and the Buyer, insofar as these have not yet been executed, without a judicial agreement, if the buyer does not timely or properly fulfill the obligations imposed on him by any  agreement concluded with  Custom Love .
  3. Furthermore, Custom Love is  entitled to dissolve the agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected.
  4. If the agreement is dissolved, Custom Love 's claims  on the Buyer are immediately due and payable. If Custom Love  suspends the fulfillment of its obligations, it retains its claims under the law and the agreement.
  5. Custom Love always reserves the right to claim damages.

Article 13 - Limitation of liability

  1. If the execution of an agreement by Custom Love  leads to liability of Custom Love  towards the Buyer or third parties, that liability is limited to the  costs charged by Custom Love in connection with the agreement. Liability is in any case limited to the maximum amount of damage paid out by the insurance company per situation.
  2. Custom Love 's liability  is furthermore limited to the free repair of a defective item or the replacement of that item - or part thereof - all at the discretion of Custom Love .
  3. Custom Love is not liable for consequential damage, indirect damage, business damage, loss of profit and/or loss suffered, missed savings, damage due to business stagnation and damage resulting from the use of  products supplied by Custom Love . For consumers, the limitation extends to what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  4. Custom Love is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
  5. Custom Love is not responsible for errors and/or irregularities in the functionality of the website and is not liable for disruptions or unavailability of the website for any reason.
  6. Custom Love is not responsible for the correct and complete transmission of the contents of e-mails sent by/on behalf of Custom Love  , nor for their timely receipt.
  7. All claims by the Buyer due to shortcomings on the part of Custom Love  lapse if they have not been reported to Custom Love in writing and with reasons  within one year after the Buyer was aware or could reasonably have been aware of the facts on which he bases his claims.
  8. Custom Love expressly rejects all liabilities and claims of Buyers and third parties who have suffered (physical) damage through the use of the products. The products should only be used in accordance with the instructions for use and never exceed the daily amount. In case of medication use, the Buyer must always consult his doctor.
  9. Any advice given by Custom Love about the use of the products  is only general and non-binding in nature. Each Buyer must assess on his own responsibility whether the product is suitable for him. If in doubt, the Buyer's doctor should be contacted for an assessment for use in the specific case.
  10. Cosmetic products and electrical appliances should be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use determined per product. Custom Love  recommends consulting an expert before using the cosmetic products in case of pregnancy, lactation, medication use and in case of doubt about hypersensitivity to one of the ingredients.

 

Article 14 - Transfer of risk

The risk of loss or damage to the products that are the subject of the agreement is transferred to the Buyer at the moment the goods leave Custom Love  's warehouse. Even if the goods are brought into the control of the Buyer and/or third parties, the risk has passed to the Buyer. 

Article 15 - Force majeure

  1. Custom Love is not liable if it cannot fulfill its obligations under the agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be due to its fault, and is not its responsibility under the law, a legal act or generally accepted views.
  2. Force majeure in any case includes, but is not limited to, what is understood in law and case law, (i) force majeure of Custom Love 's suppliers , (ii) failure to properly fulfill obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in Custom Love 's company  and (xi) other situations that, in the opinion of Custom Love,  are beyond its control and that temporarily or permanently prevent the fulfillment of its obligations.
  3. Custom Love has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Custom Love  should have fulfilled its obligation.
  4. Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without obligation to compensate the other party for damages.
  5. Insofar as Custom Love  has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, Custom Love  is entitled to part will be invoiced separately. The buyer is obliged to pay this invoice as if it were a separate agreement.

Article 16 - Intellectual property rights

  1. All IP rights and copyrights of Custom Love  belong exclusively to Custom Love  and are not transferred to the Buyer and/or User.
  2.  The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents subject to Custom Love 's IP rights and copyrights without the express prior written permission of Custom Love . If the Buyer wishes to make changes to items delivered by Custom Love , Custom Love must explicitly agree to the intended changes.  
  3.  The Buyer is prohibited from using the products to which Custom Love 's intellectual property rights rest otherwise than agreed in the agreement.
  4. If the Buyer discovers an infringement of Custom Love 's intellectual property rights  , or otherwise suspects a (possible) infringement of IP rights and copyrights, the Buyer will inform Custom Love  of this as soon as possible. 

 

Article 17 - Privacy, data processing and security

  1. Custom Love handles the (personal) data of the Buyer and Users of the website(s) with care and will only use it in accordance with the privacy statement. If requested, Custom Love  will inform the data subject about this. Questions about the processing of personal data and further information can be submitted by e-mail to
  2. If Custom Love  must provide information security under the agreement, this security will comply with the specifications agreed and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs. is. 

 

Article 18 - Complaints

  1. If the Buyer is not satisfied with the service or products of  Custom Love  or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via support@custom-love.co with the subject “complaint”.
  2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for Custom Love  to be able to process the complaint.
  3. Custom Love will respond substantively to the complaint as soon as possible, but no later than 5 working days after receipt of the complaint.
  4. The parties will try to find a solution together.

Article 19 - Applicable law

  1.  Dutch law applies to every agreement between Custom Love and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. Custom Love  is entitled to unilaterally amend these general terms and conditions.
  3. All disputes arising from or as a result of the agreement between Custom Love  and the Buyer will be settled by the competent court in Amsterdam, unless mandatory law provisions lead to jurisdiction of another court.