Terms of Service

Service Terms

This website is operated by Wirk Retail, Oostmijzerdijk 2, Schermerhorn, the Netherlands, under the brand name Gemma Sterling. Throughout the site, the terms “we”, “us” and “our” refer to Gemma Sterling. Gemma Sterling offers this website, including all information, tools and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Service Terms”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.

Any new features or tools that are added to the current store shall also be subject to the Service Terms. You can review the most current version of the Service Terms at any time on this page. We reserve the right to update, change or replace any part of these Service Terms.

General Terms and Conditions

Article 1: Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Continuing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation extends over a certain period of time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance. For this website, the entrepreneur is Wirk Retail, Oostmijzerdijk 2, Schermerhorn, the Netherlands, trading as Gemma Sterling, reachable at support@gemmasterling.com.

Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the distance sale of products and/or services, where up to and including the conclusion of the contract, one or more means of distance communication are used exclusively.

Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being present in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2: Right of Withdrawal

The consumer has the right to withdraw from the contract within a reflection period of 30 days without giving any reason. During the reflection period, the consumer must handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, where reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3: Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the General Terms and Conditions can be reviewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the General Terms and Conditions can be reviewed electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.

If, in addition to these General Terms and Conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms will otherwise remain in force, and the relevant provision will immediately be replaced by mutual agreement with a provision that comes as close as possible to the purpose of the original provision.

Situations not regulated in these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions. Any uncertainty regarding the interpretation or content of one or more provisions of these terms must be interpreted in the spirit of these General Terms and Conditions.

Article 4: The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer.

If the entrepreneur uses images, these represent a truthful depiction of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

Any shipping costs.

The way in which the contract is concluded and which actions are required for this.

Whether or not the right of withdrawal applies.

The method of payment, delivery and execution of the contract.

The period for accepting the offer or the period during which the entrepreneur guarantees the price.

The rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used.

Whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer.

The way in which the consumer can check and, if necessary, correct the information provided by them before concluding the contract.

The possible other languages in which the contract may be concluded in addition to English.

The codes of conduct to which the entrepreneur is subject and how the consumer can access these codes of conduct electronically.

The minimum duration of the distance contract in the case of a continuing transaction.

Optional: available sizes, colors and material types.

Article 5: The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure online environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within the limits of the law, investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

The visiting address of the entrepreneur’s establishment where the consumer can submit complaints.

The conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

Information about warranties and existing after-sales service.

The information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6: Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 30 days.

This reflection period starts on the day after the product is received by the consumer or by a representative previously designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep the product.

If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, where reasonably possible, in its original condition and original packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. This notification must be made in writing or by email.

After the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not notified the entrepreneur within the periods referred to above that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is final.

Article 7: Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of the complete return shipment can be provided.

Article 8: Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

That have been made by the entrepreneur according to the consumer’s specifications.

That are clearly personal in nature.

That cannot be returned due to their nature.

That can spoil or become outdated quickly.

Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

For individual newspapers and magazines.

For media and video recordings, as well as computer software, whose seal has been broken by the consumer.

For hygiene products whose seal has been broken by the consumer.

Article 9: The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in tax rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

They are the result of statutory regulations or provisions.

The consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10: Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations existing at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

The delivered products have been exposed to abnormal conditions or otherwise handled improperly or contrary to the instructions of the entrepreneur and/or the packaging.

The defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11: Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

Taking into account the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be communicated clearly and understandably that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12: Continuing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and aimed at the regular delivery of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period and aimed at the regular delivery of products, including electricity, or services at any time at the end of the definite term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

at any time and is not limited to termination at a specific time or during a specific period;

at least in the same way as they were concluded by the consumer;

always with the same notice period that the entrepreneur has agreed for themselves.

Renewal

A contract concluded for a definite period and aimed at the regular delivery of products, including electricity, or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, a contract concluded for a definite period and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract concluded for a definite period and aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months if the contract is aimed at the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for trial or introductory purposes will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13: Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven business days after the start of the reflection period referred to in Article 6, paragraph 1.

In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has a duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of default in payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14: Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

If a complaint is considered justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15: Disputes

Contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by the applicable laws of the Netherlands, unless mandatory consumer protection laws provide otherwise.