Article 1 – Definitions

In these General Terms and Conditions, the following words shall have the following meanings unless the context indicates otherwise.

Agreement
Any agreement as concluded through the Website between Franky Amsterdam and/or any agreement between Frank Amsterdam and the Customer with respect to the purchase of the Products from Franky Amsterdam.

Customer
A natural person or company who puraches the Products.

Customer Service
The customer service of Franky Amsterdam to be reached at info@frankyamsterdam.com.

Franky Amsterdam
Franky Amsterdam Jewellery B.V. is a private company with limited liability, registered at the chamber of commerce with registration number 86509373, and NL863988325B01, having its registered office at the Keizersgracht 447 A, 1017 DK Amsterdam, The Netherlands.

Intellectual property rights
All, copyright, trademark rights, design – and model rights and/or other (intellectual property) rights, also including rights pertaining to data bases or other products of commercial knowhow.

Order
Any order of Products by a Customer.

Personal Data
All the data as provided by the Customer to Franky Amsterdam.

Products
All products as offered for sale by Franky Amsterdam through the Website, its Store or otherwise to the Consumer.

Reflection Period
The period of 14 (in words: fourteen) days as set out in article 3 in which the Customer is entitled to use its Right of Withdrawal.

Right of Withdrawal
The right of Customer to terminate the Agreement within the Reflection Period.

Store
Any store of Franky Amsterdam.

Website
The Website and/or webshop operated by Franky Amsterdam under the domain name frankyamsterdam.com.

Article 2 – General

2.1 These General Terms and Conditions apply to all legal relations between Franky Amsterdam and the Customer, including all Agreements with regard to all Products as offered through the Website, in the store or otherwise and more specific, the Products as described in the Order.

2.2 Deviations and/or additions to any provision of these General Terms and Conditions shall only be applicable when explicitly agreed in writing and shall have no general effect. All other remaining provisions shall remaining provisions shall remain unimpaired.

2.3 By accessing and using the Website and/or by placing an Order, the Customer indicates to have read, understood and agreed to be bound by these General Terms and Conditions and all other rights and obligations, for example but not excluding the privacy policy and cookies, as stated on the Website.

2.4 All stipulations in these General Terms and Conditions have also been drawn up for the benefit of all directors at Franky Amsterdam and all employees of Franky Amsterdam and / or persons that have been engaged by Franky Amsterdam.

Article 3 – Website purchases and Reflection Period

3.1 If a Customer purchases a Product by using the Website, the Customer has, subject to the rights and obligations as set out in this article 3, the right to a Reflection Period according to which Customer is entitled to terminate the Agreement without given reason. Franky Amsterdam may request the Customer for the reason of the withdrawal, but the Customer is not obliged to provide this reason(s).

3.2 The Reflection Period starts on the day after the Customer, or a third party designated by the Customer, has received the Product, or;
– If the Customer has ordered multiple Products in one order: the day on which the Customer, or a third party designated by him/her, has received the last part;
– If the delivery of a Product consists of several shipments or parts: the day on which the Customer, or a third party designated by him/her, has received the last shipment or the last part;
– In case of agreements for regular delivery of Products during a certain period: the day on which the Customer, or a third party designated by him/her, has received the first product.

3.3 The Reflection Period does not apply to Products which are manufactured according to specifications of the Customer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer, which are clearly intended for a specific person or Products that cannot be returned due to their nature, e.g. hygiene (such as earrings that have been tried on).

3.4 During the Reflection Period, the Customer is obliged to handle the Product and its packaging with The Customer will only unpack – as long as the packaging is not sealed – or use the Product to the extent necessary to determine the nature, characteristics and function of the Product. The Customer may only handle and examine the Product as he/she would be allowed to do in the Store.

3.5 The Customer is liable for any reduction in value of the Product that is the result of a manner of handling the Product that goes beyond that permitted in article 3 paragraph 4 of these General Terms and Conditions. In the event of a reduction in value of the Product Franky Amsterdam will refund the remaining value of the Product.

Article 4 – Right of Withdrawal

4.1 When purchasing Products through the Website, the Customer may exercise its Right of Withdrawal within the Reflection Period of fourteen (14) days. This period commences on the day after receipt of the Product by the Customer or a third party designated in advance by the Customer.

4.2 If the Customer wishes to exercise its Right of Withdrawal, the Customer can return the Product provided that the Product is in good, original condition, has not been worn and all price tags and/or labels are still attached.

4.2.1 When purchasing multiple items from a set, all items must be returned to us. If the return is incomplete, the discount obtained will be forfeited.

4.3 The Customer is responsible for the manner in which the Product is returned to Franky Amsterdam and bears all risks until the Product has been received by Franky Amsterdam.

4.4 Franky Amsterdam will refund all payments received from the Customer in relation with the returned Product(s) within 14 days of the date of receipt of the returned Product(s) by Franky Amsterdam. In the event that the Right of Withdrawal has not been exercised within 14 days after receipt of the Product, Franky Amsterdam is entitled to refuse a refund. The Customer shall be responsible to provide proof of a timely invoked Right of Withdrawal of the Order.

4.5 Refunds will be issued by the same method of payment and on the same credit or debit card as the original purchase (except for gift cards and e-gift cards, in which case the Customer will be refunded a credit onto a new gift card). Shipping charges and sales tax on shipping   are non-refundable.

4.6 If the Customer exercises its Right of Withdrawal, the Customer will be responsible for costs of returning the Product.

Article 5 – Prices and payment method

5.1 The prices of the Products will be stated on the Website and in the Store. Prices for the Products may change from time to time, but changes will not affect any placed Order.

5.2 The price of a Product is in euro’s, including VAT but excluding any delivery costs or any other additional costs. The delivery costs and/or any other additional costs are indicated before the confirmation of the Order by the Customer.

5.3 During the period of validity stated in the offer, the prices of the offered Products will not be Increased, except for price changes as a result of changes in VAT rates.

5.4 The Customer must pay the payments to Franky Amsterdam to the payment methods given in the ordering procedure on the Website. Franky Amsterdam offers the Customer several different payment methods:

a. Payment by electronic payment (iDeal);
b. Payment with a credit card (Mastercard/Visa);
c. Payment with Maestro;
d. Payment with Klarna;
e. Payment with Paypal; and
f. Payment with Bancontact.

5.5 If the Customer fails to pay any amount due in time, after the Customer has been informed by Franky Amsterdam regarding the late payment and Franky Amsterdam has given the Customer a period of 14 days to still fulfill the payment obligations, and the payment has not been made within this 14 day period, the Customer will owe statutory interest in accordance with Article 6:119 of the Dutch Civil Code, calculated from the due date until the date of payment in full.

5.6 Franky Amsterdam is entitled to charge the Customer any resulting judicial and extrajudicial collection costs. The extrajudicial collection costs are due from the moment that the Customer is in default and are set at 15% (fifteen percent) of the claim with a minimum of EUR 150 (one hundred and fifty euro).

Article 6 – Delivery 

6.1 The Products are delivered to the address provided by the Customer. Inaccuracies in the address are at the expense and risk of the Customer.

6.2 No rights can be derived from the delivery period stated on the The stated delivery time is an indication. If the delivery of the Product cannot be carried out within the stated delivery period, Franky Amsterdam will notify the Customer without delay.

6.3 In the event that a Product is no longer available, Franky Amsterdam will immediately inform the Customer and offer a replacement Product. In this case, the Customer has the right to terminate the Agreement without cost.

6.4 Franky Amsterdam is not responsible for defects that arise after the delivery of the Products as a result of improper use or lack of care, or that are the result of changes that the Customer or a third party has made to the delivered Products.

6.5 If an Order includes a Product that is out of stock (pre-order), the entire Order will be shipped once the pre-order Product is back in stock.

Article 7 - Warranty

7.1 Franky Amsterdam guarantees that the Products comply with the Agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.

7.2 Franky Amsterdam provides a warranty for material and manufacturing defects on the Products delivered by it for a period of 6 months after delivery.

7.3 The warranty does not apply if:
a. there are signs of use, discoloration, and/or normal wear and tear as a result of the use of the Product;
b. you have repaired and/or modified the delivered Products yourself or have had them repaired and/or modified by third parties;
c. Products are exposed to abnormal conditions or are otherwise handled carelessly;
d. external causes occur after delivery that damage or cause the Products to be lost, such as accidents, loss, or theft.

Article 8 – Complaints

8.1 In the event that Customer finds that Franky Amsterdam did not fulfil her obligations towards the Customer, the Customer will notify Franky Amsterdam. Complaints must be submitted to the Customer Service reachable at info@frankyamsterdam.com within fourteen (14) days after delivery of the Products concerned. The complaint must be described fully and clearly.

8.2 Complaints submitted to Franky Amsterdam will be answered within a period of fourteen (14) days from the date of receipt of the complaint If a complaint requires a foreseeable longer processing time, Franky Amsterdam will respond within a period of 14 days with a notice of receipt and an indication when the Customer can expect a more detailed answer.

8.3 If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 (in words: three) months after the complaint has been submitted, the Customer can turn to the competent court.

8.4 If a complaint is justified, Franky Amsterdam shall have the opportunity to properly execute the Agreement, meaning the replacement of the In the event that it is no longer possible to execute the Agreement according to objective standards, Franky Amsterdam shall refund to the Customer the value of the Product increased by any shipping costs as may apply. The refund shall, in principle, take place via the same method of payment used by the Customer when ordering the Product.

8.5 Timely filed complaints will also not be processed if it appears that third parties made changes to or repaired parts of the Product delivered by Franky Amsterdam.

Article 9 – Intellectual property and personal data

9.1 All Intellectual property rights related to these Product and the Website, belong at all times to Franky Amsterdam.

9.2 The Customer is aware that by using the Website he/she provides certain Personal Data to Franky Amsterdam, for example name, address, bank details and e-mail address.

9.3 If the Customer agrees to these General Terms and Conditions, the Customer gives permission for the processing of his/her Personal Data in connection with the use of the Website and the execution of the Agreement.

Article 10 – Force Majeure

10.1 Franky Amsterdam shall not be liable for failure to fulfil any obligation towards the Customer if the failure or delay is caused by any circumstances beyond her reasonable control, including but not limited to the loss of data due to computer hindrance, virus infection, computer hacking by third parties or other calamities preventing and/or limiting Franky Amsterdam to deliver the Products and other serious disruptions in the daily business of Franky Amsterdam. Force majeure also explicitly includes the inability of Franky Amsterdam to deliver as a result of the failure of a Franky Amsterdam supplier.

10.2 In the event that after the conclusion of the Agreement it appears that the execution is difficult or impossible for Franky Amsterdam due to force majeure, Franky Amsterdam has the right to cancel the Agreement or to suspend the execution thereof, insofar as they still require fulfillment, at the option of Franky Amsterdam, in which case the Customer, considering the circumstances of the case, will be informed as soon as possible, without Franky Amsterdam being liable for any damages in whatever form except under the provisions of Article 78 of book 6 of the Dutch Civil Code.

Article 11 – Limitation of liability

11.1 Franky Amsterdam is not liable for any losses, unless the Customer proves that such losses are the result of fault or gross negligence on the part of Franky Amsterdam. Any compensation to be paid by Franky Amsterdam for damage to or loss of the Products will never exceed the value of the Products.

11.2 Franky Amsterdam is not liable for any damage that the Customer suffers as a result of the improper and unsafe use of the Product by the Customer, except if there is intent or gross negligence on the part of Franky Amsterdam.

Article 12 – Governing law and jurisdiction

12.1 If any one of the provisions contained in these General Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these General Terms and Conditions, and these General Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it.

12.2 These General Terms and Conditions are effective as of 1 November 2021.

12.3 The General Conditions shall be construed in accordance with the Laws of The Netherland and the competent courts in Amsterdam shall have sole and exclusive jurisdiction in relation thereto.