GENERAL TERMS AND CONDITIONS Enzo Diamonds

E-MAIL: info@enzodiamonds.nl
WEBSITE: https://www.enzodiamonds.nl/

 

 

 

Article 1 - Definitions

1. Enzo Diamonds: Enzo Diamonds, established in Sittard, Chamber of Commerce no. 99293773.

2. Customer: the party which Enzo Diamonds has entered into an agreement with.

3. Parties: Enzo Diamonds and customer together.

4. Consumer: a customer who is an individual acting for private purposes.

Article 2 – General provisions

 

1. The Seller offers the following products for sale:

• laboratory-grown diamonds,

• jewelry made with laboratory-grown diamonds,

• precious metal jewelry (gold, silver, platinum).’

 

1. By placing an order through the webshop, the Customer declares that:

1. they have read and understood these GTC,

2. they accept their contents, and

3. they acknowledge them as binding.

 

Article 3 – Placing an order on the website

 

1. The Customer may place an order by selecting the desired products and completing the order process in the webshop.

2. Orders are placed electronically via the webshop interface.

3. An order placed by the Customer constitutes an offer.

4. The contract is concluded when the Seller confirms the order by email.

5. After placing an order, the Customer receives an automatic email confirming receipt of the order. This automatic message does not constitute acceptance of the order, only confirmation of receipt.

6. The webshop offers:

1. ready-made products, and

2. custom-made, made-to-order jewelry.

3. Jewelry for which the Customer requests engraving shall be considered custom-made products, therefore the 14-day right of withdrawal does not apply.

1. In the case of custom-made products, the Customer acknowledges that the product is manufactured specifically according to their individual requirements after the order is placed.

2. The Customer may request modification or cancellation of the order until production has started. Once production has begun, orders for custom-made products cannot be cancelled.

 

Article 4 - Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Enzo Diamonds. 

2. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Article 5 - Prices

1. All prices used by Enzo Diamonds are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2. Enzo Diamonds is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

3. Increases in the cost prices of products or parts thereof, which Enzo Diamonds could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

5. The Customer may choose from the following payment methods:

1. iDEAL

2. credit/debit card payment

3. Klarna

1. When choosing Klarna, the Customer may use the installment or deferred payment options provided by Klarna. Klarna’s own general terms and conditions apply to Klarna services.

 

Article 6 - Right of recovery of goods 

1. As soon as the customer is in default, Enzo Diamonds is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. Enzo Diamonds invokes the right of recovery by means of a written or electronic announcement.

3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Enzo Diamonds, unless the parties agree to make other arrangements about this. 

4. The costs for the collection or return of the products are at the expense of the customer.

Article 7 - Right of withdrawal 

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product has not been used

• the product is not specially tailored for the consumer or adapted to its special needs

• the consumer has not renounced his right of withdrawal

1. The cooling-off period of 14 days as referred to in paragraph 1 commences:

1. • on the day after the consumer has received the last product or part of 1 order

   • as soon as the consumer has received the first the product of a subscription

   • as soon as the consumer has confirmed the purchase of digital content via the internet

1. The consumer can notify his right of withdrawal via info@enzodiamonds.nl, if desired by using the withdrawal form that can be downloaded via the website of Enzo Diamonds, https://www.enzodiamonds.nl/.

2. The consumer is obliged to return the product to Enzo Diamonds within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

3. The withdrawal period starts from the day the product is received.

4. The Customer acknowledges that the right of withdrawal does not apply to custom-made, made-to-order jewelry, as such products are manufactured according to the Customer’s individual specifications.

5. Refunds are issued after the returned product has been received and inspected.

6. Enzo Diamonds may reduce the refund amount if the product shows diminished value resulting from use beyond what is necessary to establish its nature and characteristics.

 

Article 8 - Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Enzo Diamonds will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Enzo Diamonds in time. 

2. The costs for return are only reimbursed by Enzo Diamonds if the complete order is returned.

Article 9 - Reimbursement of return costs

 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.  
 

Article 10 - Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Article 11 - Right of retention 

1. Enzo Diamonds can appeal to his right of retention of title and in that case retain the products sold by Enzo Diamonds to the customer until the customer has paid all outstanding invoices with regard to Enzo Diamonds, unless the customer has provided sufficient security for these payments. 

2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Enzo Diamonds.

3. Enzo Diamonds is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Article 12 - Settlement 

 

The customer waives his right to settle any debt to Enzo Diamonds with any claim on Enzo Diamonds. 

 

Article 13 - Retention of title 

1. Enzo Diamonds remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Enzo Diamonds under whatever agreement with Enzo Diamonds including of claims regarding the shortcomings in the performance.

2. Until then, Enzo Diamonds can invoke its retention of title and take back the goods. 

3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 

4. If Enzo Diamonds invokes its retention of title, the agreement will be dissolved and Enzo Diamonds has the right to claim compensation, lost profits and interest.

Article 14 - Delivery 

1. Delivery takes place while stocks last.

2. Delivery takes place at Enzo Diamonds unless the parties have agreed upon otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer. 

4. If the agreed price is not paid on time, Enzo Diamonds has the right to suspend its obligations until the agreed price is fully paid. 

5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Enzo Diamonds.

6. The Seller delivers products:

• within the Netherlands, and

• to countries neighboring the Netherlands.

 

1. Delivery is carried out via courier service as a value-insured shipment, considering the high value of the products.

2. Shipping costs may vary depending on order value, delivery address, and shipping method.

3. The exact shipping cost is displayed before order confirmation.

4. Products are delivered within approximately 3–6 weeks after the contract is concluded.

5. Delivery times may differ for custom-made products.

6. The risk of loss or damage passes to the Customer upon delivery of the product to the Customer.

7. If delivery fails due to reasons attributable to the Customer (e.g. incorrect address, failed acceptance), the Seller is entitled to charge the Customer for any additional costs incurred.

 

Article 15 - Delivery period

1. Any delivery period specified by Enzo Diamonds is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Enzo Diamonds. 

3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Enzo Diamonds cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

 

Article 16 - Transport costs 

 

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 

Article 17 - Packaging and shipping 

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Enzo Diamonds may not be held liable for any damage.

2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Enzo Diamonds, failing which Enzo Diamonds cannot be held liable for any damage.

Article 18 - Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Article 19 - Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

4. The Customer is entitled to statutory warranty rights under Dutch law if the product was defective at the time of delivery.

5. The Customer may assert product liability claims under Dutch law if the product does not meet applicable quality requirements due to manufacturing defects.

6. The Seller provides a 24-month guarantee on jewelry sold via the webshop, in accordance with Dutch legal provisions.

7. The guarantee does not cover:

1. normal wear and tear (e.g. scratches, discoloration),

2. damage resulting from improper use,

3. damage caused by external impact, accidents, improper storage, or cleaning.

1. The Seller provides the following certificates:

• international certificates (IGI or GIA) for diamonds above 0.5 carats,

• an ENZO Diamonds certificate for diamonds below 0.5 carats, detailing the characteristics of the diamonds and the jewelry materials.

1. Warranty and guarantee claims may be submitted by email using the Seller’s contact details, together with proof of purchase.

 

Article 20 – Data protection and Privacy

1. The data controller is ENZO Diamonds (hereinafter: Data Controller).

2. The Data Controller may process the following personal data:

1. name,

2. billing and shipping address,

3. email address,

4. phone number,

5. payment-related data (via payment providers such as Mollie, Klarna, WIX Payments).

1. Personal data are processed for the purposes of:

1. order processing and fulfillment,

2. invoicing,

3. communication with the Customer,

4. compliance with legal obligations.

1. The legal basis for data processing is:

• performance of a contract,

• compliance with legal obligations,

• the Customer’s consent (e.g. communication).

1. Personal data are transferred to third parties only to the extent necessary for contract performance, including:

• courier services for delivery,

• payment service providers (iDEAL, card payments, Klarna).

1. Personal data are retained only for as long as necessary, including:

• accounting data retained for the legally required period,

• other data retained for the duration of contract fulfillment.

1. The Customer has the right to:

1. request information about data processing,

2. request correction or deletion of personal data,

3. request restriction of processing,

4. object to data processing,

5. lodge a complaint with the competent data protection authority.

1. The Data Controller applies appropriate technical and organizational measures to protect personal data.

Article 21 - Exchange

1. Exchange is only possible if the following conditions are met:

• exchange takes place within 14 days after purchase upon presentation of the original invoice

• the product is returned in the original packaging or with the original (price) tags still attached to it 

• the product has not been used

1. Discounted items, non-shelf article or specially adapted articles for the customer and Custom made products (for example: an engraved ring) cannot be exchanged.

Article 22 - Indemnity

 

The customer indemnifies Enzo Diamonds against all third-party claims that are related to the products and/or services supplied by Enzo Diamonds. 

 

Article 23 - Complaints

1. The customer must examine a product or service provided by Enzo Diamonds as soon as possible for possible shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Enzo Diamonds of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3. Consumers must inform Enzo Diamonds of this within two months after detection of the shortcomings.

4. The customer gives a detailed description as possible of the shortcomings, so that Enzo Diamonds is able to respond adequately. 

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this can in any case not lead to Enzo Diamonds being forced to perform other work than has been agreed. 

Article 24 - Giving notice

1. The customer must provide any notice of default to Enzo Diamonds in writing.

2. It is the responsibility of the customer that a notice of default actually reaches Enzo Diamonds (in time). 

Article 25 - Joint and several Client liabilities

 

If Enzo Diamonds enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Enzo Diamonds under that agreement. 

 

Article 26 - Liability of Enzo Diamonds

1. Enzo Diamonds is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 

2. If Enzo Diamonds is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

3. Enzo Diamonds is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

4. If Enzo Diamonds is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 27 - Expiry period

 

Every right of the customer to compensation from Enzo Diamonds shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Civil Code.

 

Article 28 - Dissolution

1. The customer has the right to dissolve the agreement if Enzo Diamonds imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 

2. If the fulfillment of the obligations by Enzo Diamonds is not permanent or temporarily impossible, dissolution can only take place after Enzo Diamonds is in default. 

3. Enzo Diamonds has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Enzo Diamonds good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Article 29 - Force majeure

1. In addition to the provisions of article 6:75 Civil Code, a shortcoming of Enzo Diamonds in the fulfillment of any obligation to the customer cannot be attributed to Enzo Diamonds in any situation independent of the will of Enzo Diamonds, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Enzo Diamonds . 

2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3. If a situation of force majeure arises as a result of which Enzo Diamonds cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Enzo Diamonds can comply with it. 

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 

5. Enzo Diamonds does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Article 30 - Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

 

Article 31 - Changes in the general terms and conditions

1. Enzo Diamonds is entitled to amend or supplement these general terms and conditions. 

2. Changes of minor importance can be made at any time. 

3. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Article 32 - Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Enzo Diamonds to third parties without the prior written consent of Enzo Diamonds. 

Article 33 - Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 

2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Enzo Diamonds had in mind when drafting the conditions on that issue.

 

 

Article 34 - Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 

2. The Dutch court in the district where Enzo Diamonds is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

 

Drawn up on 27 januari 2026.