General terms and conditions AdornPay B.V. (version December 2022)

Article 1 - Definitions

In these conditions the following definitions apply:

1. Agreement: the agreement between the consumer and AdornPay regarding the sale (remote) and delivery of AdornPay products;
2. General terms and conditions: these general terms and conditions of AdornPay;
3. Consumer: the natural person who is not acting in the exercise of a business or profession;
4. Products: the “wearables” offered by AdornPay via the website, being jewelry that can be used for payment and related items;
5. Right of withdrawal: the option of the consumer to refrain from concluding an agreement within a cooling-off period;
6. AdornPay: the private company AdornPay B.V. Markerkant 10 9R, 1316 AA, Almere, Chamber of Commerce number 82110409;
7. Website: adornpay.com;

Article 2 – Contact details

Phone number: +31 (0) 20 2142002

Available by telephone Monday to Friday from 10:00 AM to 5:00 PM and via WhatsApp Monday to Sunday from 9:00 AM to 6:00 PM.

E-mail address: klantenservice@adornpay.nl

VAT identification number: NL862340433B01

Article 3 – Applicability of general terms and conditions

1. These general terms and conditions apply to every offer from AdornPay, including via the website, and to every agreement concluded between AdornPay and the consumer in whatever manner.
2. These general terms and conditions are made available to the consumer before concluding the agreement and/or are available via the website and/or will be sent free of charge as soon as possible at the consumer's request.

Article 4 – Agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer, AdornPay will immediately confirm receipt of the acceptance of the offer.
3. AdornPay will send the following information to the consumer at the latest upon delivery of the product, in writing or in such a way that it can be stored by the consumer in an accessible manner:
   1. the visiting address of the AdornPay branch where the consumer can go with complaints;
   2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   3. the information about warranties and existing after-sales service;
   4. the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or execution of the agreement;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, a model withdrawal form.

Article 5 – Delivery

1. AdornPay will exercise the utmost care when receiving and executing orders for products.
2. The place of delivery is the address in the Netherlands that the consumer has made known to AdornPay.
3. AdornPay will execute an accepted order no later than thirty (30) days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified as soon as possible.

Article 6 – Prices and payment

1. AdornPay may change the prices of its products at any time, unless a validity period of the stated price is stated in the offer.
2. The prices mentioned include VAT.
3. The purchase price owed by the consumer must be paid upon conclusion of the agreement and in any case within five (5) days thereafter.
4. The consumer is obliged to report inaccuracies in payment details provided or stated to AdornPay without delay.
5. If the consumer does not fulfill his payment obligation(s) on time, he will owe statutory interest on the amount due and AdornPay is entitled to charge extrajudicial collection costs with a minimum of € 250.

Article 7 – Right of withdrawal

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of thirty (30) days without giving reasons.
2. The reflection period starts on the day after the consumer has received the product.
3. 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 basic principle here is that the consumer may only handle and inspect the product as he would in a store. The consumer is liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted.
4. If the consumer exercises his right of withdrawal, he must report this to AdornPay within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
5. No later than fourteen (14) days after the notification, the consumer returns the product to AdornPay, with all accessories supplied, if reasonably possible in the original condition and packaging (including protective material), and in accordance with the reasonable and clear instructions provided by AdornPay.
6. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
7. The consumer bears the costs of returning the product. If a returns label is provided, it must be used by the consumer, failing which he will be liable for the full value of the returned product and responsible for insuring the product during transit.
8. AdornPay will refund the price paid by the consumer within fourteen (14) days after receipt of the return shipment of the product. AdornPay uses the same payment method for the refund as used for the original transaction.

Article 8 – Warranty

1. AdornPay guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement.
2. All products have a six (6) month warranty against manufacturing defects, unless otherwise stated. Not covered by the warranty:
   1. breakage (unless it is a demonstrable production error).
   2. damage due to improper use by the consumer.
   3. damage caused by an adjustment or repair by a third party.
   4. damage by water and/or fire.
   5. damage due to signs of wear, such as scratches or discoloration.
   6. discoloration due to high acidity of the skin.
   7. discoloration due to the use of water, perfume, soap, lotion or hairspray.
   8. discoloration due to cleaning with chemicals.

Article 9 – Account for wearables

1. To use products (wearables) with a payment function, the consumer must take out a Curve or MuchBetter account. (see curve.com orwww.muchbetter.com ). The terms and conditions of Curve and Muchbetter apply and the consumer is responsible for their proper compliance. The Curve terms and conditions can be found at https://www.curve.com/en/legal/ . The MuchBetter terms and conditions can be found at https://muchbetter.com/legal/muchbetter-terms-and-conditions/ . AdornPay is not responsible if the consumer is not or no longer eligible for an account.
2. The MuchBetter account can be used for a minimum of four (4) years. After that, the duration of the account can be extended by contacting klantenservice@adornpay.nl.
3. The use of the wearables other than prescribed, in a manner that is not in accordance with the reasonable and normal use of the wearables, is not permitted. AdornPay is not liable for any damage that may occur as a result of such modifications and unauthorized disassembly. The account may be restricted or closed upon such modifications and/or unauthorized disassembly of the wearables and/or cards associated with an account.
4. AdornPay does not guarantee the error-free and uninterrupted functioning of the payment function and is not liable for malfunctions and/or non-functioning of the payment function of third parties. Any liability for (in)direct damage resulting from a (temporary) unavailability of the payment function of third parties is expressly excluded by AdornPay.

Article 10 – Complaints procedure

1. If a consumer has a complaint about a delivered product, he must submit this fully and clearly described in writing to AdornPay within a reasonable time after discovering the defect, but no later than thirty (30) days.
2. A submitted complaint will be processed by AdornPay within a reasonable period. If a complaint requires a foreseeably longer processing time, AdornPay will send a confirmation of receipt and an indication of when the consumer can expect a response.
3. The consumer must in any case give AdornPay thirty (30) days to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
4. From February 15, 2016, consumers in the EU will also be able to register complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.

 Article 11 – Disputes

1. The agreement between AdornPay and the consumer and these general terms and conditions are exclusively governed by Dutch law.