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Terms and conditions

Article 1 – Identity

Entrepreneur name: Biba BV
Address: Geleen, The Netherlands
Email address: info@biba.nl
Chamber of Commerce number: 14061328
VAT number: NL81.38.92.296.B01


1. Definitions

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

  1. Biba BV / Supplier: the private limited company Biba BV, registered with the Chamber of Commerce under number 14061328.
  2. Purchaser / Customer: any natural person or legal entity who enters into an agreement with Biba BV
  3. Products: jewellery, jewelry and other items offered by Biba BV.
  4. Agreement: any arrangement between Biba BV and the purchaser concerning the sale and delivery of products.


2. Applicability

  1. These General Terms and Conditions apply to all deliveries by Biba BV.
  2. Deviations are only valid if agreed in writing.
  3. The applicability of conditions used by the purchaser is expressly excluded.


3. Quotes and Prices

  1. All quotes from Biba BV are non-binding, unless explicitly stated otherwise.
  2. Prices exclude VAT and shipping costs, unless otherwise agreed.
  3. Biba BV reserves the right to change prices, for example, in the event of changes in purchasing or transportation costs.
  4. Obvious errors or mistakes in quotes or price lists are not binding on Biba BV.

 

 4. Orders

  1. Orders must be placed in the showroom, by email, or through the Biba BV webshop.
  2. Biba BV reserves the right to refuse an order without giving reasons.


5. Delivery

  1. Delivery will be made by shipment and ex-Biba BV showroom, unless otherwise agreed.
  2. Delivery times are indicative and are not final deadlines.
  3. The risk of loss or damage to the products passes to the buyer upon leaving the showroom or upon shipment.
  4. Biba BV reserves the right to make partial deliveries.


6. Shipping Costs

  1. Shipping costs will be charged separately according to the applicable shipping rates.
  2. Any customs, import, or clearance fees are the responsibility of the buyer.


7. Payment

  1. Payment must be made within 8 days of the invoice date, by advance payment or direct debit, unless otherwise agreed in writing.
  2. If the payment term is exceeded, the buyer is legally in default and owes statutory (commercial) interest.
  3. All extrajudicial and judicial collection costs are fully borne by the buyer.


8. Retention of Title

  1. All products delivered by Biba BV remain the property of Biba BV until the purchaser has fully met all obligations regarding payment for the products.
  2. The purchaser may not pledge or encumber the products in any way until ownership has been transferred.

 

 9. Complaints and Returns

  1. The buyer must inspect delivered products immediately upon receipt.
  2. Any complaints must be reported in writing within 5 business days.
  3. Returns will only be accepted with prior written permission from Biba BV.
  4. Return costs are the buyer's responsibility, unless Biba BV is responsible for an incorrect delivery.


10. Warranty

  1. Biba BV guarantees that the products meet the normal quality standards for jewelry.
  2. The warranty does not apply to normal wear and tear, discoloration due to use, contact with moisture or cosmetics, improper use, or improper storage.
  3. Biba BV's liability is limited to replacement of the product or refund of the purchase price.


11. Liability

  1. Biba BV is not liable for indirect damages, including consequential damages, lost profits, or immaterial damages.
  2. Biba BV's total liability is always limited to the amount of the relevant invoice.


12. Force Majeure

  1. Force majeure means circumstances that prevent performance of the agreement and cannot be attributed to Biba BV, such as disruptions, transport problems, government measures, pandemics, strikes, or natural disasters.
  2. During force majeure, obligations are suspended. If performance is permanently impossible, the parties may terminate the agreement without compensation.


13. Intellectual property

  1. All designs, images, catalogues and texts provided by Biba BV remain the property of Biba BV.
  2. These may not be copied, distributed or used commercially without the written permission of Biba BV.

 

 14. Privacy

  1. Biba BV processes personal data in accordance with the General Data Protection Regulation (GDPR) and its own privacy statement.

 

15. Applicable law and disputes

  1. All agreements are exclusively governed by Dutch law.
  2. Disputes will be submitted to the competent court in the district where Biba BV is established.

 

16. Final provisions

  1. Biba BV is entitled to unilaterally amend these General Terms and Conditions. The most recent version applies to all new agreements.