1.1 www.gemma.design is a website operated by Gemma Technologies B.V. ("We", "us", "our"). We are registered in the Dutch KVK under company number 84297093. Our office address is Oude Waal 9-II, 1011BZ in Amsterdam. Our VAT number is NL863161893B01.
2.1 You may place orders for Products with us by following the steps on our website. You acknowledge that by placing an order, and us accepting your order, you are liable to pay for the Products in that order.
2.2 The agreement between Gemma Technologies B.V. and you, the buyer, is concluded at the moment you have accepted and complied with the conditions we have set. The absence of an ordinary signature does not detract from the binding force of the offer and its acceptance. After receipt of your order, you will receive a confirmation from us by e-mail. This order confirmation by e-mail constitutes our acceptance of the order. If no confirmation e-mail has been sent, the contract is not yet in force.
2.3 Gemma Technologies B.V. reserves the right to refuse an order or to subject it to additional conditions, such as orders placed by minors, incomplete order procedures or problems with previous orders.
2.4 We regret that we cannot hold an order once it has been dispatched by us. If you have changed your mind about your order after it has been dispatched, you may refuse delivery or return the Products to us in accordance with the returns policy set out in clause 9 below.
2.5 The seller remains the owner of all goods until full payment has been made.
2.6 You must keep your contact details as registered by us up to date so that we can contact you if necessary about your order or the delivery of the products.
2.7 When exchanging or returning, transportation costs will be charged.
3.1 All orders for products are subject to the availability of those products and the materials used to make the products. If for any reason the products you have ordered are not available or delivery may be delayed, we will notify you as soon as possible after receiving your order.
3.2 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, is transferred to the purchaser.
4.1 The images of the products on our website are for illustration purposes only. Although we have done our utmost to display the colours accurately, we cannot guarantee that your computer will display the colours of the products correctly. The products delivered to you may differ slightly from those images.
4.2 Although we have done our utmost to be as accurate as possible, the measurements such as weight, dimensions and contents shown on our website are approximate only.
5.1 The price of a product is as stated on our website, except where there is an obvious error.
5.2 The price of a product may change from time to time, but this will not affect an order that we have accepted.
5.3 The price of a product includes VAT (where applicable) but excludes any delivery costs which, if applicable, are added to the price of the products and shown as part of the total price during the ordering process. Please refer to our Help Centerfor the relevant delivery charges for a product .
5.4 It may be the case that the products we list are incorrectly priced. We usually check prices as part of the order processing procedure. If the correct price of a Product is found to be lower than the price stated by us, we will charge you the lower amount when dispatching the Product. If the correct price of the Product is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product to you, or decline your order and notify you accordingly.
5.5 If the mistake with the price is evident and unmistakable and could reasonably be recognised by you as a mistake, we are not obliged to deliver the product at the incorrect (lower) price, even if we have sent you an order acceptance.
6.1 We accept payment by the payment methods listed on our website. You must pay for the Products and pay all applicable delivery charges before the Products are delivered.
6.2 By placing an order with us via our website, you confirm that the payment details in your order are valid and correct.
7.1 We offer a delivery service in accordance with the deadlines indicated for each product on our website. Please note that delivery times are expected times.
7.2 Please note that we only deliver to addresses in the Netherlands and Belgium and that delivery to the Wadden Islands is subject to additional delivery charges.
7.3 After purchase, gemma.design or our delivery partner will contact you. Here a delivery date will be agreed via email which will also be confirmed by email. Although we make all reasonable efforts to ensure that your products are dispatched and delivered within the expected timeframe, we cannot guarantee that unforeseen problems with the product manufacturer or our delivery partners will not affect this. If we are unable to meet the expected dispatch or delivery date, we will contact you to arrange a new expected date.
7.4 Your delivery is completed when we have delivered the products to the address you provided. If no one at the address can accept delivery at the agreed delivery time, Gemma is obliged to charge additional delivery costs.
7.5 It is your own responsibility to check and establish that you are fully able to receive the products ordered before placing an order with us. This includes ensuring that the products ordered can be brought into your chosen room without difficulty, that they fit into that space, can pass through the door of your flat or room, can be transported over stairs and through doorways, and that there are no other problems which may make delivery difficult or impossible.
(a) Please note that if you are unable to receive the ordered products due to such delivery problems, you shall bear the costs of returning the products or having them collected as described in clause 9.13;
(b) Alternatively, although not guaranteed, in certain circumstances our delivery partners may be able to offer you a special delivery service such as a lift service to address certain delivery issues, or you may be able to arrange for a third party to provide such services yourself. Please note that you will bear any additional costs imposed by our delivery partners or the third party engaged by you.
Please note that delivery is not always free of charge
- We always deliver free of charge to ground level throughout the Netherlands and Belgium.
- Delivery to floors where the table fits into a passenger lift is also free of charge. Does the customer incorrectly estimate this? Then the extra costs are for you.
- For delivery of all our dining tables on floors without a lift, this is not included. For this, we ask you to provide your own moving lift to the floor or it can be facilitated by our carrier at an additional cost.
8.1 Ownership of the products passes to you when we have received in full all amounts due for the products, including shipping costs.
8.2 The products are your responsibility from the moment you (or a third party other than the courier) take physical possession of the products.
8.3 The use and maintenance of the products purchased by the customer are their own responsibility and cannot be recovered from the seller.
8.4 The use of maintenance products purchased from us is at your own risk and any unsatisfactory results cannot be recovered from the seller.
9.1 We hope you are satisfied with everything you have purchased from us, but if you are not satisfied with your products you may return them to us under the conditions set out below or otherwise in accordance with your legal rights.
9.2 You have no legal right to change your mind about custom-made products and, after delivery of your products, to cancel the contract between you and us without giving reasons (right of withdrawal). This is because the delivery of our goods is made according to specific wishes. For non-customised products you have the right of withdrawal within 14 days.
9.3 This period commences at the time of receipt by you or on your behalf. During the cooling-off period we expect you to handle the received goods and packaging with care.
9.4 If you wish to exercise the right of withdrawal, you must do so in writing or by telephone within 14 calendar days from the day following the delivery of the product. There is no penalty attached to cancelling the purchase and this can be done without giving any reasons.
9.5 You are only liable for the reduction in value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
9.6 If you withdraw from your contract with us, we will reimburse you for all amounts received from you, including the delivery costs (excluding the costs incurred for the return shipment).
9.7 We may withhold the refund until we have received the products back or you have provided us with proof of return of the products, whichever is the earlier.
9.8 We may make deductions from the refund for loss of value of delivered products if the loss is caused by unnecessary handling by you. You shall only be liable for any diminished value of the products due to unusual and/or unreasonable wear and tear other than that required to establish the nature, characteristics and functioning of the products. We may make deductions from any refund (to which you are entitled) for such loss of value of any product supplied by us.
9.9 If it appears that the goods have not been received in accordance with the conditions of the right of withdrawal, the purchase price including shipping costs will not be refunded, or not fully refunded. The product will remain your property. At your request, the product can also be reshipped to you, subject to payment of the corresponding shipping costs.
Excluded from the right of withdrawal is a consumer purchase that involves the delivery of: products made to the consumer's specifications, that are not prefabricated and are made on the basis of an individual choice or decision made by the consumer, or that are clearly intended for a specific person;
9.10 For a second exchange or return, transport costs will be charged. This applies to exchanges or returns based on taste or other reasons from the customer's wishes outside of damage not caused by the customer himself. When a second delivery is made on the basis of taste, it may be checked on arrival to see if it is to the customer's liking. If not, it may be refused immediately and taken back; if it is decided later, the return costs will be charged to the customer.
10.1 You are obliged to carefully inspect the goods or have them inspected immediately upon receipt. In doing so, you must check whether the goods supplied are in accordance with the agreement: Were the correct goods delivered? Do the goods delivered comply with the agreed quality requirements or - if these are lacking - with the requirements that may be set for normal use? If a visible defect or shortcoming is found, you must report this to gemma.design within 7 working days after delivery. The costs of returning goods that do not meet the description of the offer shall be borne by gemma.design.
10.2 You must be careful not to open the packaging in which the Products were delivered and carefully repackage the Products in the original (or similar) packaging before returning them to us.
11.1 Complaints or disputes must be reported within 14 days of delivery. If the complaint is found to be justified, our liability shall be limited to the exchange of the goods. Any liability of the seller is limited to the amount actually paid for the order.
12.1 Gemma Technologies B.V. gives a 5-year warranty on marble tables. This covers manufacturing defects and breakages. Handling of the warranty will be at the expense of Gemma Technologies B.V., except for the shipping costs incurred by the consumer to return the product to us.