1. General Information
In these General Terms & Conditions, Helios shall be understood as Helios V.O.F., a company governed by the laws of The Netherlands and registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under KvK number 81995725 and under VAT Number NL8662.97.977.B01.
Helios V.O.F. James Wattstraat 77
1097 DL Amsterdam
These General Terms & Conditions are accessible through the Website www.heliosjewellery.com and apply on all offers, orders, purchases and deliveries. By ordering Helios products on the Website, the buyer agrees to these Terms & Conditions. Helios reserves the right to update these Terms & Conditions from time to time.
3.1. Price & VAT
3.1.1. All prices showing on the Website are inclusive of 21% VAT, in accordance with the legislation applicable in the Netherlands. In case an order will be shipped to a delivery address outside the EU, VAT will be removed at the checkout. Non-EU buyers may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. In such case, those costs are borne by the buyer. Helios has no control over these charges and, since these charges are different for different countries, Helios cannot predict their amount.
3.1.2. The prices applicable to each product are those published on the website on the date the user places the order. Despite the fact that Helios tries to ensure that all prices on the website are correct, errors may occur. In that event that Helios discovers an error in the price of the products that a user has requested, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it
3.2. Payment methods
3.2.1. Helios offers a variety of safe payment methods. Our payment methods include: Credit card, Paypal, IDeal. The buyer will be bound to the terms and conditions of the payment provider of its choice in relation to the payment. Helios has no control over these terms and conditions and cannot be held responsible for the contents thereof.
3.2.2. For all payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the buyer is correct.
4.1. In order to avoid any delivery problems (incorrect address, absence of the addressee, etc.), the buyer must fill in the address form correctly. It is advisable to leave a contact telephone number in the corresponding field. In case anything goes wrong with the shipment of an order due to an error in the delivery address made by the buyer, Helios cannot be held responsible for the (partial) loss of the shipment.
Once the product has been handed over to the carrier, Helios will send the buyer a track & trace code, if this option is available for the destination country, that will allow the buyer to track the order at any moment until its final reception.
4.2. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the buyer will be informed about this as soon as reasonably possible after the order has been placed. In this case, the buyer has a right to dissolve the contract free of charge.
4.3. Delivery Terms
4.3.1. Helios will make its best effort to deliver the product within the expected delivery time (see Table below) at the delivery address indicated by the buyer. Helios dispatched the order in the shortest possible time, but the recipient must consider the provisions of the country of destination for the importation of the requested items and Helios is not responsible for them. Helios is not responsible for the effect produced by strikes, holidays or other circumstances beyond its control. Helios is also not responsible for delays in customs clearance or if local authorities decide to confiscate or contain any items of a shipment.
The delivery terms should be understood as estimated delivery terms and cannot be treated as final delivery terms or guaranteed delivery terms.
(Table with our info)
4.3.2. In case the order that has been shipped or is being shipped by Helios to the buyer, is missing, went missing, or in case the buyer claims that he/she did not receive the order (despite information such as the track & trace data / carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The buyer will fully cooperate with the complaint procedure of the carrier. In case of a shipment that went missing as the result of an error by the carrier (and after the complaint procedure of the carrier has been completed), Helios will either refund the customer or Helios will try to re-ship the ordered product.
4.3.3. In case a shipment still has not been delivered at the delivery address of the buyer (or the pick up point) 14 days after the shipment date the buyer has the obligation to inform the Helios customer care team by email within 14 days (so: ultimately 28 days after the shipment date).
4.4. Damaged or Wrong Products
4.4.1. The risk of damage and/or loss of products rests upon Helios up to the moment of delivery to the delivery address.
4.4.2. In case the product has been delivered to the buyer in a damaged or incomplete state, the buyer must inform Helios Support Team thereof using the Contact Us page as soon as possible but not later than 24 hours after receiving the product. Subsequently, Helios will decide how to deal with the matter at hand; the customer must always inform Helios in the aforementioned situation(s) and wait for the instructions of the Helios customer care team. A customer who returns a product in this situation at his own costs, without first contacting and awaiting the instructions of the customer care team, cannot claim the costs he/she made at Helios (nor hold Helios responsible for the return shipment that took place without prior consent of Helios).
4.4.3. In case the buyer receives a product that the buyer did not order, the buyer must inform Helios thereof using the Contact Us form as soon as possible but not later than 24 hours after receiving the product. The buyer must arrange the return shipment of such product following the instructions of Helios. Helios will bear the costs of this shipment and must subsequently arrange the shipment of the ordered product to the buyer.
In case the buyer returns the product at his or her own cost without contacting and awaiting the instructions of Helios, the buyer cannot claim from Helios any reimbursement of the shipment costs nor hold Rosefield responsible for the return shipment that took place without prior consent of Helios.
4.5.1. The buyer has the statutory right to withdraw from the agreement and to return the ordered product during a trial period of 14 days after having received the product, without having to state a reason for the withdrawal (the statutory right of withdrawal).
The statutory right of withdrawal only applies in the case that the product and its original packaging can be returned in the same state as when received, intact and undamaged. The buyer is only allowed to unpack and/or to use the ordered product as far as is needed to be able to determine whether he/she wants to keep the product. The right of withdrawal does not apply to earrings as they are not suitable for return due to hygiene reasons.
The buyer is responsible for the return shipment of the product and bears all the risks related to the return shipment. Helios advises the buyer to return a product by insured shipment and in a sealed packaging. In case an insured return shipment goes missing, gets damaged or in case the reception of a returned shipment is denied (for example, in case no valid signature can be shown by the carrier), the buyer then has the option to hold the carrier liable. The buyer, as the sender of the return shipment, must start the complaint procedure for any issue that may occur with the return shipment. The buyer must keep the (official, digital) receipt of his/her return shipment that contains the tracking information.
The shipment costs of a return shipment within the trial period are born by the buyer.
In case all the conditions applicable to the statutory right of withdrawal are met, Helios will credit the buyer within 14 days after receiving the return shipment (no credit applies for costs of the return shipment). Any credit due as a result of a returned product, will be credited to the account that the buyer used to pay the original order.
4.6. Personal Data and Privacy
4.6.1. Helios complies with the privacy regulations, as recorded in the “Wet Bescherming Persoonsgegevens” (the “Dutch Personal Data Protection Act”). The buyer always has the possibility to see, to amend or to delete his/her personal data, by logging into his/her account on heliosjewellery.com.
Helios will store the data entered by the buyer in a file. The data will be used for the purpose of fulfilling the buyer’s order and will be stored as long as is necessary in order to deal with possible issues regarding the fulfilment of the order. Helios guarantees that all personal data will be handled with care. The buyer’s personal data will not be shared with any third party, except for purposes of fulfilling the order or for repair purposes. Helios is allowed to use the buyer’s data to advertise products to the buyer.
Helios may use the buyer’s e-mail address to send information about products or services that are the same as, or similar to those that have been ordered by the buyer from Rosefield, which Helios believes might be found useful by the buyer. The information will be sent only if the buyer has not indicated that (s)he does not object to being contacted for these purposes. At any stage, the buyer has the right to request Helios to stop using their personal data for direct marketing purposes by clicking on the link in the footer of the marketing e-mails.
4.7. Applicable laws
4.7.1. These terms and conditions are governed by the Dutch law, provided that buyers may also be able to invoke mandatory legislation applicable in their own country of residence.
All disputes between the parties will exclusively be submitted for judgement to the competent court in Amsterdam, the Netherlands, unless Helios chooses to bring a dispute before the competent court of the country of the buyer’s delivery address.