General Terms and Conditions By Shir B.V

General Terms and Conditions By Shir B.V., based in 's-Gravenzande, the Netherlands
Valid from 01-10-2014

Last updated:11-08-2026

1. General

1.1 These general terms and conditions apply to all offers made by By Shir B.V. They apply to every offer and agreement between By Shir B.V. and a consumer to which By Shir B.V. has declared these terms applicable, unless expressly deviated from by the parties in writing.

1.2 By placing an order, you indicate that you agree to the delivery and payment terms. By Shir B.V. reserves the right to amend its delivery and/or payment terms after the expiry of their term.

1.3 Unless otherwise agreed in writing, By Shir B.V. does not recognise any general or specific terms or conditions of third parties.

1.4 By Shir B.V. guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery takes place while stocks last.

2.2 By Shir B.V. aims to fulfil orders within 30 days. If this is not possible (for example because the ordered item is out of stock or no longer available), or if a delay occurs for other reasons, or an order cannot be fulfilled or only partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the order free of charge.

2.3 By Shir B.V.'s delivery obligation is deemed fulfilled, save proof to the contrary, as soon as the goods delivered by By Shir B.V. have been offered to the customer once. In the case of home delivery, the carrier's report stating refusal of acceptance constitutes full proof of the offer to deliver.

2.4 All delivery times stated on the website are indicative. No rights can be derived from the stated terms.

3. Prices

3.1 Prices will not be increased during the validity period of an offer, unless legal measures make this necessary or the manufacturer implements interim price increases.

3.2 All prices on the website are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.

3.3 All prices on the website are stated in euros and include 21% VAT.

4. Right of withdrawal (cooling-off period)

4.1 When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during a period of 14 calendar days. This cooling-off period starts on the day after the consumer receives the product. During this period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product.

4.2 If the consumer wishes to exercise their right of withdrawal, they must notify By Shir B.V. of this within the cooling-off period and return the product, with all accessories supplied and, if reasonably possible, in its original condition and packaging, to By Shir B.V. The costs of return shipment are borne by the consumer, unless By Shir B.V. indicates otherwise in writing.

4.3 If the consumer has paid an amount, By Shir B.V. will refund this amount, including any delivery costs, as soon as possible and in any case within 14 days of receiving the returned item, or after receiving proof of return shipment.

4.4 The right of withdrawal does not apply to:

• services of which performance has begun, with the consumer's consent, before the end of the cooling-off period;
• goods or services whose price is subject to fluctuations in the financial market over which By Shir B.V. has no influence;
• goods manufactured according to the consumer's specifications (custom-made) or that have a clearly personal character;
• goods which, by their nature, cannot be returned, for example for hygiene reasons, or which can spoil or age quickly;
• audio and video recordings and computer software of which the consumer has broken the seal.

5. Personal data

5.1 If you place an order with By Shir B.V., your data will be processed in accordance with the General Data Protection Regulation (GDPR). By Shir B.V. will not disclose your data to third parties, except insofar as necessary for the performance of the agreement or on the basis of a legal obligation. For more information, see our Privacy and Cookie Statement.

5.2 By Shir B.V. respects the privacy of website users and ensures the confidential treatment of your personal data.

5.3 By Shir B.V. may use a mailing list for newsletters. You can unsubscribe from this at any time.

6. Warranty and conformity

6.1 By Shir B.V. guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded.

6.2 A warranty scheme offered by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against By Shir B.V. under the law and/or the agreement.

6.3 The customer is required to inspect the delivered goods immediately upon receipt. If it appears that the delivered product is incorrect, defective or incomplete, the customer must report this to By Shir B.V. in writing immediately, before returning it. Any defects or incorrectly delivered goods must be reported to By Shir B.V. in writing no later than 2 months after discovery, and in any case within the statutory warranty period. Returns must be made in the original packaging, including accessories and accompanying documentation, and in new condition.

6.4 If a complaint is found to be justified by By Shir B.V., By Shir B.V. will, at its own discretion, replace the delivered product free of charge, issue a credit note, or agree on written compensation with the customer. Any compensation is limited to a maximum of the invoice amount of the product concerned.

6.5 By Shir B.V. is not liable for damage caused by intent or gross negligence of assistants engaged by it.

6.6 This warranty does not apply if: a) the customer is in default towards By Shir B.V.; b) the customer has repaired or modified the delivered goods themselves, or has had them repaired or modified by third parties; c) the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to By Shir B.V.'s instructions or the instructions for use; or d) the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

7. Offers

7.1 Offers are non-binding, unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the customer, By Shir B.V. reserves the right to revoke the offer or deviate from it within 3 working days of receipt of the acceptance.

7.3 Verbal commitments only bind By Shir B.V. after these have been expressly confirmed in writing.

7.4 Offers made by By Shir B.V. do not automatically apply to repeat orders.

7.5 By Shir B.V. cannot be held to an offer if the customer should reasonably have understood that the offer, or a part of it, contained an obvious mistake or clerical error.

7.6 Additions, amendments and/or further agreements are only valid if agreed in writing.

8. Agreement

8.1 An agreement between By Shir B.V. and the customer comes into existence once an order has been assessed for feasibility by By Shir B.V.

8.2 By Shir B.V. reserves the right, without giving reasons, not to accept orders, or to accept them only on the condition that delivery takes place cash on delivery or after prepayment.

9. Images and specifications

9.1 All images (photographs, drawings, etc.) and information regarding weights, dimensions, colours and labels on the By Shir B.V. website are approximate only, are indicative, and cannot give rise to compensation or dissolution of the agreement.

10. Force majeure

10.1 By Shir B.V. is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.

10.2 Force majeure includes, among other things: delay by or default of suppliers, disruptions to internet or email traffic, disruptions or changes in technology supplied by third parties, traffic conditions, strikes, government measures, delays in supply, negligence by By Shir B.V.'s suppliers or manufacturers, illness of staff, and defects in auxiliary or transport equipment.

10.3 In the event of force majeure, By Shir B.V. reserves the right to suspend its obligations, and is also entitled to dissolve the agreement in whole or in part, or to require that the content of the agreement be amended in such a way that performance remains possible. By Shir B.V. is under no circumstances obliged to pay any penalty or compensation.

10.4 If, at the time force majeure occurs, By Shir B.V. has already partially fulfilled its obligations, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or deliverable separately. The customer is obliged to pay this invoice as if it were a separate contract, unless the part already delivered or deliverable has no independent value.

11. Liability

11.1 By Shir B.V. is not liable for damage of any kind arising because By Shir B.V. relied on incorrect and/or incomplete information provided by or on behalf of the customer.

12. Safety

12.1 By Shir B.V.'s jewellery is manufactured from good quality materials and made or assembled with care. However, it remains a fine and delicate product that should be worn with care. Jewellery can break through improper use, the application of excessive force, or when exposed to conditions for which it is not intended. Jewellery is not suitable for children, among other things due to the risk of choking. Make sure children never play with jewellery unsupervised.

13. Retention of title

13.1 Ownership of all goods sold and delivered by By Shir B.V. to the customer remains with By Shir B.V. for as long as the customer has not fully satisfied the claims arising from the agreement for the delivery of these goods, or earlier or later goods of a similar nature, as well as any claims arising from failure to fulfil these agreement(s), all as referred to in Section 3:92(2) of the Dutch Civil Code.

13.2 Goods delivered subject to retention of title may not be transferred in ownership to third parties by the customer.

13.3 The customer is not authorised to pledge the goods subject to retention of title, nor to encumber them in any other way.

13.4 The customer hereby grants unconditional and irrevocable consent to By Shir B.V., or to a third party appointed by By Shir B.V., to enter, in all cases in which By Shir B.V. wishes to exercise its ownership rights, all places where its property is then located, and to remove those goods from there.

13.5 If third parties seize the goods delivered subject to retention of title, or wish to establish or assert rights to them, the customer is obliged to notify By Shir B.V. of this as soon as reasonably possible.

13.6 The customer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage, as well as theft, and to submit the policy of this insurance for inspection to By Shir B.V. upon first request.

14. Applicable law / competent court

14.1 Dutch law applies to all agreements between By Shir B.V. and the buyer to which these general terms and conditions apply.

14.2 Disputes arising from an agreement between By Shir B.V. and the buyer, which cannot be resolved by mutual consultation, will be submitted to the competent court within the district of The Hague, unless By Shir B.V. prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of disputes falling within the jurisdiction of the sub-district court (kantonrechter).