Terms and conditions

General

  • Spoenk is a goldsmith who manufactures and repairs jewelry made of precious metals. Melting down (old) gold, setting diamonds, gemstones and pearls are also part of Spoenk’s activities.
  • All assignments given to Spoenk are accepted and carried out under the applicability of these general terms and conditions.
  • Having jewelry repaired with gemstones or antique jewelry is at your own risk. Spoenk cannot be held liable for damage or defects that occur during the repair. When accepting the repair/assignment, spoenk looks at the piece of jewelry or object in question and carefully discusses the possible risks that the adjustment may entail.
  • If the assignment has been approved, any changes to the design may incur additional costs and/or delays.
  • Making a quote costs €75,-. If a quotation is waived without further assignments or work resulting from it, the €75 will be charged. When the assignment is approved, these costs are waived.
  • If unforeseen circumstances arise during the execution, you will always be informed as soon as possible. Spoenk will inform you and discuss the alternatives and possibilities with you. Possible delays and additional costs are not excluded. Of course, Spoenk argues that if there are delays or extra costs, they should be kept as short and low as possible.

Cancellation

  • If an order is cancelled after approval, the costs already incurred for the services provided will be charged and deducted from the deposit. If there is a question of processing your own gold, the gold becomes the property of Spoenk. If you wish to get the gold back, this is possible for a fee.
  • Deposits are never returned.
  • Spoenk has the right to cancel an assignment if, on closer inspection, it turns out not to be possible or unforeseen circumstances have occurred. Spoenk also has the right to cancel an order in the event of negligence on the part of the customer. Costs already incurred may be charged depending on the situation.

Payment

  • The price that the customer must pay is agreed in advance, unless the parties expressly agree otherwise. If a non-fixed price is agreed, Spoenk will indicate as accurately as possible which factors the price will depend on.
  • The jewellery or service provided must be paid in advance or upon collection. This can be transferred in cash or on the spot in Spoenk’s studio. As long as the product has not yet been paid in full, the product remains the property of Spoenk. Spoenk cannot hand over the product to the customer until the payment has been made in full.
  • If the customer does not pay within the payment term of 7 days, Spoenk will send a reminder. There is again a period of 7 days for this. If payment has not been made again, Spoenk has the right to charge interest. This will take effect from the expiry of the first payment date. This also applies to any collection costs.
  • Giving a piece of jewelry for repair or gold that has to be melted down to another piece of jewelry serves as a pawn for Spoenk and gives Spoenk certainty of payment. If the customer does not pay, the jewelry and / or gold will become the property of Spoenk until repayment.
  • If a customer has not paid 3 months after the payment term has expired, Spoenk has the right to use the product for sale.

Rights of the customer and of Spoenk

  • When unexpected situations have occurred, Spoenk cannot compensate for the emotional damage and/or immaterial damage that this may entail. Spoenk will handle and carry out the assignment or repair with all due care, expertise and professionalism.
  • Spoenk does not compensate the customer for damage resulting from force majeure, such as damage as a result of a robbery, burglary, shoplifting or fire and/or when the customer’s contents or valuables insurance covers the damage. Any further payments from non-life insurance to Spoenk that relate to damage to a product of the customer will be paid by Spoenk to the customer.
  • The designs, drawings, calculations, descriptions, models and other delivered and eligible services made or provided by Spoenk remain the intellectual property of Spoenk and/or Jacqueline Rodenburg. Reproduction or publication of the aforementioned goods and/or Products without the prior permission of Spoenk and Jacqueline Rodenburg is not permitted.

Warranty

  • In the case of the creation of new (custom) work, Spoenk guarantees the absence of defects that reveal themselves after delivery for a period of six months. In the case of repairs, Spoenk guarantees the absence of defects for a period of three months, unless otherwise agreed or stated, insofar as they relate to the repaired/replaced parts by it. The customer is entitled to free replacement of defective parts within a reasonable time. In addition, the customer is entitled to free repair, compensation, price reduction and dissolution of the Agreement as granted to him by law.
  • Spoenk is not responsible for defects that have arisen after the delivery of the Products as a result of improper use or lack of care on the part of the customer, or that are the result of changes that the customer or third parties have made to the Product. Nor does Spoenk hold any damage that may arise as a result of these defects.
  • When a gemstone, diamond or pearl suffers any form of damage, Spoenk offers no guarantee.
  • Spoenk guarantees the authenticity of the materials used by Spoenk.
  • If there is an addition to the object or jewel made by Spoenk, all the above points only apply to the part manufactured by Spoenk.
  • The customer fully retains his legal warranty rights, apart from the above-mentioned points mentioned by Spoenk as a trade guarantee issued.
  • Spoenk has the right to change the general terms and conditions at any time.
  • All changes made to Spoenk’s general terms and conditions are immediately applicable.

Choice of law

  • Dutch law applies to the legal relationship between the customer and Spoenk.
  • Any disputes will be submitted to the competent court on the basis of the law, or to the court in Utrecht.