General terms and conditions AdornPay B.V. (version January 2024)

Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Agreement: the agreement between the consumer and AdornPay regarding the sale (at a distance) and delivery of AdornPay products;
2. General terms and conditions: these general terms and conditions of AdornPay;
3. Consumer: the natural person who does not act in the exercise of a business or profession;
4. Products: the “wearables” offered by AdornPay via the website, being jewelry with which payments can be made and related articles;
5. Right of withdrawal: the consumer's option to cancel the conclusion of an agreement within a reflection period;
6. AdornPay: the private limited 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 phone Monday to Friday from 10:00 – 17:00 and via WhatsApp Monday to Sunday from 9:00 – 18:00.

Email address: klantenservice@adornpay.nl

VAT identification number: NL862340433B01

Article 3 – Applicability of general terms and conditions

3.1 These general terms and conditions apply to every offer from AdornPay, including via the website, and to every agreement concluded in any way between AdornPay and the consumer.

3.2 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 upon the consumer's request.

Article 4 – Agreement

4.1 The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

4.2 If the consumer has accepted the offer, AdornPay will immediately confirm receipt of the acceptance of the offer.

4.3 AdornPay will provide the following information to the consumer no later than upon delivery of the product, in writing or in such a way that it can be stored by the consumer in an accessible manner:

• the visiting address of the AdornPay location where the consumer can go with complaints;
• 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;
• the information about warranties and existing after-sales service;
• the price including all taxes of the product; where applicable the delivery costs; and the method of payment, delivery or execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
• if the consumer has a right of withdrawal, a model withdrawal form.

Article 5 – Delivery

5.1 AdornPay will exercise the greatest possible care when receiving and executing orders for products.

5.2 The place of delivery is the address in the Netherlands that the consumer has communicated to AdornPay.

5.3 AdornPay will execute an accepted order within thirty (30) days at the latest, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed as soon as possible.

Article 6 – Prices and payment

6.1 AdornPay may change the prices of its products at any time, unless a validity period for the stated price is specified in the offer.

6.2 The prices mentioned include VAT.

6.3 The purchase price owed by the consumer must be paid upon conclusion of the agreement and in any case within five (5) days thereafter.

6.4 The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to AdornPay.

6.5 If the consumer fails to meet their payment obligation(s) on time, they 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

7.1 The consumer may cancel an agreement regarding the purchase of a product within a reflection period of thirty (30) days without giving any reason.

7.2 The reflection period starts the day after the consumer receives the product.

7.3 During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would in a store. The consumer is liable for any depreciation of the product resulting from handling beyond what is permitted.

7.4 If the consumer exercises their right of withdrawal, they must notify AdornPay within the reflection period by means of the model withdrawal form or in another unambiguous manner.

7.5 Within fourteen (14) days after the notification, the consumer shall return the product to AdornPay, with all supplied accessories, reasonably in its original condition and packaging (including protective material), and according to the reasonable and clear instructions provided by AdornPay.

7.6 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

7.7 The consumer bears the cost of returning the product. If a return label is provided, the consumer must use it; otherwise, they are liable for the full value of the returned product and responsible for insuring the product during transport.

7.8 AdornPay will refund the price paid by the consumer within fourteen (14) days after receiving the returned product in good condition. AdornPay will use the same payment method for the refund as was used for the original transaction.

Article 8 – Warranty

8.1 AdornPay guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement was concluded.

8.2 All products come with a six (6) month warranty for manufacturing defects, unless otherwise stated. The following are excluded from the warranty:

• breakage (unless it is a demonstrable manufacturing defect).
• damage caused by improper use by the consumer.
• damage caused by modification or repair by a third party.
• damage caused by water and/or fire.
• damage caused by signs of use, such as scratches or discoloration.
• discoloration caused by a high acidity of the skin.
• discoloration caused by the use of water, perfume, soap, lotion, or hairspray.
• discoloration caused by cleaning with chemical agents.

Article 9 – Account for wearables

9.1 To use products (wearables) with a payment function, the consumer must open a Curve, VIMpay, or MuchBetter account. (see curve.com, www.vimpay.com or www.muchbetter.com). The terms and conditions of Curve, VIMpay, and MuchBetter apply, and the consumer is responsible for complying with them. The Curve terms can be found at https://www.curve.com/en/legal/. The VIMpay terms can be found at Unsere allgemeinen Geschäftsbedindungen » VIMpay. The MuchBetter terms can be found at https://muchbetter.com/legal/muchbetter-terms-and-conditions/. AdornPay is not responsible if the consumer does not or no longer qualifies for an account.

9.2 The MuchBetter account can be used for a minimum of three (3) years. After that, the duration of the account can be extended by contacting via klantenservice@adornpay.nl.

9.3 Using the wearables other than as prescribed, in a manner not consistent 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 if such modifications and/or unauthorized disassembly of the wearables and/or cards linked to an account occur.

9.4 AdornPay does not guarantee the error-free and uninterrupted functioning of the payment function and is not liable for malfunctions and/or the 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

10.1 If a consumer has a complaint about a delivered product, they must submit it in writing to AdornPay within a reasonable time after discovering the defect, but no later than thirty (30) days, fully and clearly described.

10.2 A submitted complaint will be handled by AdornPay within a reasonable period. If a complaint requires a foreseeably longer processing time, AdornPay will send an acknowledgment of receipt and an indication of when the consumer can expect a response.

10.3 The consumer must give AdornPay at least thirty (30) days to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

10.4 From February 15, 2016, it has also been possible for consumers in the EU to submit 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 handled elsewhere, you are free to submit your complaint via the European Union platform.

 Article 11 – Disputes

11.1 Dutch law exclusively applies to the agreement between AdornPay and the consumer and to these general terms and conditions.