FAQ

1 Definitions

In these Terms & Conditions the following terms shall have the meanings set forth below:

Terms & Conditions: these terms and conditions of sale.

Order: the order of Products through the Website.

Order Confirmation: the e-mail sent by Proud Pearls to you with the acceptance of your Order at the moment the Products are dispatched.

Contract: the contract for the purchase of products between you and Proud Pearls.

You/Your: the customer who enters a Contract through the Website.

Website: the website www.proudpearls.com

Products: the products Proud Pearls sells through the Website.

2 General

These Terms & Conditions apply when you purchase Products through the Website and these Products are delivered. Please read these Terms & Conditions carefully before placing an Order. By confirming that you have read and accepted these Terms & Conditions when you submit an Order through the Website, you confirm your unconditional acceptance of these Terms & Conditions.

These Terms & Conditions, along with the Order and the Order Confirmation constitute the contract between you and Proud Pearls for the supply of Products. Changes in the contract are only valid if they have expressly been agreed upon in writing (this can also be by e-mail).

A copy of these Terms & Conditions is available on the Website.

If you have any questions about these Terms & Conditions, the Products or your Order, please contact us by means of the Contact Form on the Website or by e-mail to info@proudpearls.com

3 Product information

Proud Pearls makes reasonable efforts to ensure that the information about Products on the Website is completely accurate. However, Proud Pearls does not warrant or guarantee that there are no errors in the description and/or pricing of the Products. None of the material contained on the Website is to be relied upon as a statement or representation in relation to Products.

Proud Pearls makes reasonable efforts to accurately display the properties of Products, including the applicable colours. Because the actual colour you see may depend on your computer system and settings and the Products of Proud Pearls are handmade, Proud Pearls cannot guarantee that the delivered Product completely matches the Product displayed on the Website.

Proud Pearls reserves the right, at any time and without notice, to modify the information about Products (including information on prices, description and availability) displayed on the Website. However, changes to price, availability or description of Products will not affect already submitted and accepted Orders.

The foregoing will not affect your statutory rights relating to mis-described Products.

4 Placing Orders

By placing an Order on the Website, you confirm that you are legally capable of entering into binding contracts and that the information which you provide when you place an Order is true, accurate, current and complete.

To place an Order, you select the Products on the Website, place the Products in the shopping cart, select your preferred shipping method and pay for the Products. Proud Pearls cannot accept orders placed in any way other than as described above.

By placing an order you make an offer to us to purchase the products you have selected. Orders are subject to availability and acceptance by Proud Pearls. Proud Pearls may, at any time and at its sole discretion, refuse to accept your order, including but not limited to the cases where:

• You provided incorrect information
• The website contains an error relating to the products that you have ordered (for example an error relating to the price or description of the products)
• The Products that you have ordered are no longer available through the Website
• Proud Pearls suspects that you are under the age of 18

Proud Pearls will not be liable to you or any third party for withdrawing any Products from the Website, removing or editing any materials or content on the Website, refusing to process an order or suspending any transaction after it is being handled.

If Proud Pearls cannot accept or process your order, Proud Pearls will contact you by e-mail as soon as possible. If Proud Pearls cannot accept or process your order because the products are no longer available, or because of an error in the price and/or other information about the products for which the order has been placed, Proud Pearls will notify you by e-mail. In such case Proud Pearls will cancel the order of those products and the amount you have paid for those products is refunded.

After placing an order you receive an automated e-mail confirming receipt of your order. This e-mail contains the relevant details of your order. This e-mail does not yet constitute an acceptance of the order. The order will be accepted and the contract will be concluded only when Proud Pearls dispatches the products. At such time you will receive an order confirmation informing you that the ordered products have been dispatched.

Orders can be cancelled by you at any time before being accepted by Proud Pearls. If you wish to cancel your order please contact us by means of the contact form on the website or by e-mail to info@proudpearls.com quoting the order number. In case of cancellation, Proud Pearls will refund the cost of the products included in the cancelled order.

Proud Pearls will not accept cancellations made in any way other than those listed above. Once your order has been accepted you may only exercise your right of withdrawal according to the procedure under clause 9 in this Terms & Conditions.

5 Unavailable Products

Proud Pearls makes reasonable efforts to ensure that the information about products displayed on the website are always accurate. However, when you place an order certain Products may unfortunately be out of stock.

If Proud Pearls is unable to supply you the ordered products within 14 days from the date of your order, Proud Pearls will cancel the order either partially or entirely and refund you the payment for the products in the cancelled order.

Your statutory rights relating to the delivery of faulty Products will remain unaffected.

6 Prices

The prices of the products are indicated on the Website and are confirmed in the automated e-mail you will receive once you have placed your order. All prices are in Euro and inclusive of VAT.

Delivery costs may apply to the order as indicated on the website at the time you submit your order. Delivery costs will depend on the order, the place of delivery and your required shipping method.

7 Payment

Proud Pearls accepts payments by PayPal, Bank Transfer, Visa card / Master card / Maestro card and iDeal.

If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is placed by you. Proud Pearls will not accept your Order or supply the Products to you until your credit or debit card issuer has authorised the payment of the Products ordered. In case the issuer refuses to authorise the payment, Proud Pearls is not liable for any delay or non-delivery of the Products.

8 Delivery

Order of Products through the Website can be delivered worldwide.

Delivery will be made by PostNL. The place of delivery will be the delivery address you provided in the Order.

Proud Pearls makes reasonable efforts to deliver the Products within the delivery time specified on the Website, but Proud Pearls is not able to guarantee this delivery time. Proud Pearls is not liable for any loss or damage suffered by you through any delays in delivery.

Title to and risk of loss of the Products will pass to you on delivery.

Proud Pearls will send the Products to you at the delivery address indicated on your Order Confirmation. However, documents will only be sent by e-mail to the e-mail address which you provided at the time of making the Order.

9 Withdrawal

If you have received the ordered Products and are not satisfied with any of them or have changed your mind about purchasing them after receiving the Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 14 (fourteen) calendar days of delivery of the Products, provided that you return the Products to Proud Pearls according to the procedure indicated in paragraph 11. Please note that while the Products remain in your possession you are under a duty to ensure that the Products are kept safe, secure and in good condition.

Your payment will be refunded as soon as possible and no later than thirty days after receipt by Proud Pearls of the returned Products.

10 Warranty

Proud Pearls provides a two-year warranty on the Products. In case a Product is faulty, you may exercise your right of warranty by notifying us by e-mail and returning the faulty Product to Proud Pearls according to the procedure indicated in paragraph 11. If Proud Pearls establishes that the Product is indeed faulty, the faulty Product will be repaired or replaced.

11 Return/Exchange

Only unworn products can be returned or exchanged with the exception of defective warranty Products in article 10. The shipping cost sent to Proud Pearls are paid by the customer. The shipping cost from Proud Pearls to the customer are paid by Proud Pearls.

In order to return Products, please send an e-mail to info@proudpearls.com quoting the Order number and return the ordered Products to our return address. Please state your details in a short letter attached to the return and also send back the wooden packaging box. Within 10 days of receipt, the amount of the payed Products will be refunded.

In order to exchange Products, please send an e-mail to info@proudpearls.com quoting the Order number and return the ordered Products to our address. Please state your details in a short letter attached to the exchanged product.

Proud Pearls return address is:
Proud Pearls Head office
Het Hooge Land 75
4213DB Gorinchem
The Netherlands
+31 (0) 6 36357063

Products purchased through the official Proud Pearls Retailers can only be returned and exchanged in the store where the Products are purchased.

12 Liability

The Products are solely made to wear as jewellery and for fashion purposes only. The Products are not made for any other use or purpose whatsoever. The Products contain small bits and pieces which could cause choking hazard and are therefore not suitable for children under the age of four (4). Proud Pearls is not liable for damages resulting from the (improper) use of the Products, which includes but is not limited to damages by physical injury.

Proud Pearls is, except for the case of intent or gross negligence, in no way liable for any damages resulting from inaccuracy and/or incompleteness and/or wrongfulness of the content of the Website, the (incorrect) use of the Website and the providing of inaccurate data.

Damages which are in your opinion due to intent or gross negligence of Proud Pearls, shall be reported to Proud Pearls in writing as soon after the occurrence of the damage as possible. Damages which are not reported to Proud Pearls as soon as possible can not be compensated, unless you can argue convincingly that you were reasonably unable to report the damages sooner.

In case, despite the provisions in this paragraph, at any moment a liability of Proud Pearls arises, this liability is limited to the maximum of the amount of the invoice charged by Proud Pearls.

Every claim to compensation for damages expires one year after the event that has caused the damages.

Nothing in these Terms & Conditions shall affect your statutory rights as a consumer and your rights of warranty.

13 Complaints

In the case you have a complaint or other comment to make please contact Proud Pearls by e-mail to info@proudpearls.com at the earliest possibility. Proud Pearls will reply to any customer complaints as soon as possible and within a maximum of 3 working days.

14 Processing of personal data

By placing your Order, you agree and understand that Proud Pearls stores, processes and uses the data provided by you while placing the Order on the Website, for the process of the Order.

15 Intellectual property rights

The Proud Pearls trademark as well as all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on its products, accessories or packaging, whether registered or not, are and remain the exclusive property of Proud Pearls and its affiliated companies. It is strictly forbidden to reproduce trademarks referred to, pictures, images and logos, whether complete, partial or modified, without the prior express written permission of Proud Pearls, in any way. Violation of this prohibition can be prosecuted.

16 Circumstances beyond the control of Proud Pearls

Proud Pearls makes reasonable efforts to perform its obligations under these Terms & Conditions. However, Proud Pearls cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond its reasonable control, including, without limitation, natural disaster, explosion, flood, fire or accident, war or civil disturbance, strike, industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of its supplier(s), failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.

Proud Pearls will inform you of any such unforeseen event as soon as possible after its occurrence and it will perform its obligations as soon as reasonably possible.

17 Resale of Products

The Products are only distributed through the Website and via the stores of Proud Pearls ’s authorised resellers. You may not misrepresent yourself as being an authorised resellers or as being qualified to resell the Products. Proud Pearls reserves the right to refuse the acceptance of your Order if it suspects that you intend to resell its Products.

18 Concluding provisions

These Terms & Conditions are governed by the laws of The Netherlands with exclusion of the UN Convention on the International Sales of Products.

In case either party fails to enforce any term of these Terms & Conditions, this does not constitute a waiver of such term or in any way affect the right to later enforce such term.