Terms of service

Article 1 - Definitions

1. In these general terms and conditions, the following terms are used with the following meanings, unless expressly indicated otherwise:
2. Offer: Any written offer to the Buyer by the Seller for the supply of Products, to which these conditions are irrevocably attached.
3. Consumer: The natural person who does not act in the exercise of a profession or business.
4. Buyer: The Consumer who enters into an Agreement (remotely) with the Seller.
5. Agreement: The purchase agreement (remotely) that aims to sell and deliver products purchased by the Buyer from Wild Youth.
6. Products: The Products offered by Wild Youth are jewelry in the broadest sense of the word.
7. Seller: The provider of Products to the Buyer, hereinafter: Wild Youth.

Article 2 - Applicability

1. These general terms and conditions apply to any Offer made by Wild Youth and to any Agreement between Wild Youth and a Buyer and to any Product offered by Wild Youth.
2. Before an Agreement (remotely) is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Wild Youth will indicate to the Buyer how the general terms and conditions can be viewed, which are in any case published on the Wild Youth website, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
3. In exceptional situations, deviations from these general terms and conditions can be agreed upon explicitly and in writing with Wild Youth.
4. These general terms and conditions also apply to additional, amended, and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely void or annulled, the remaining provisions of these general terms and conditions will remain in force, and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, interpretation, or situations not regulated in these general terms and conditions should be judged and explained in the spirit of these general terms and conditions.
7. If reference is made to "she/her" in these general terms and conditions, this should also be understood as a reference to "he/him/his," if and to the extent applicable.

Article 3 - The Offer

1. All offers made by Wild Youth are non-binding unless expressly indicated otherwise in writing. An Offer is only made if it is documented in writing.
2. The Offer made by Wild Youth is non-binding. Nevertheless, Wild Youth has the right to refuse an Agreement with a potential Buyer for a valid reason.
3. The Offer contains a precise description of the offered Product along with the corresponding prices. The description is sufficiently detailed to enable the Buyer to assess the Offer adequately. Obvious mistakes or errors in the Offer do not bind Wild Youth. Any images and specific data in the Offer are for reference purposes only and cannot be the basis for any compensation or termination of the Agreement (remotely). Wild Youth cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and periods mentioned in the Offer by Wild Youth are indicative and do not entitle the Buyer to termination or compensation for exceeding them, unless expressly agreed otherwise.
5. A composite price quotation does not oblige Wild Youth to deliver a part of the items included in the offer or Offer for a part of the specified price.
6. If and to the extent there is an Offer, it does not automatically apply to subsequent orders. Offers are valid only while stocks last, according to the "first-come, first-served" principle.

Article 4 - Conclusion of the Agreement

1. The Agreement is concluded when the Buyer accepts an Offer from Wild Youth by paying for the respective Product.
2. An Offer may be made by Wild Youth through the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Wild Youth, Wild Youth will confirm the Agreement with the Buyer in writing, or at least by e-mail.
4. If the acceptance (on minor points) deviates from the Offer, Wild Youth is not bound by it.
5. Wild Youth is not bound to an Offer if the Buyer could reasonably have expected or should have understood or was expected to understand that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. If the Buyer is a Consumer, they have the right to exercise their right of withdrawal within the legal period. If withdrawal applies, the Buyer will handle the Product and packaging with care. They will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The direct costs for returning the Product are borne by the Buyer.

Article 5 - Execution of the Agreement

1. Wild Youth will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as the proper execution of the Agreement requires this, Wild Youth has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all data, which Wild Youth indicates are necessary or which the Buyer should reasonably understand are necessary for the performance of the Agreement, are provided to Wild Youth in a timely manner. If the information required for the implementation of the Agreement has not been provided to Wild Youth in time, Wild Youth has the right to suspend the implementation of the Agreement.
4. In the performance of the Agreement, Wild Youth is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement.
If the instructions result in additional work for Wild Youth, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Before proceeding with the implementation of the Agreement, Wild Youth may require security from the Buyer or full advance payment.
6. Wild Youth is not liable for damage of any nature whatsoever caused by Wild Youth relying on incorrect and/or incomplete information provided by the Buyer, unless Wild Youth was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies Wild Youth against any claims from third parties who suffer damage in connection with the implementation of the Agreement and which are attributable to the Buyer.

Article 6 - Delivery

1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Wild Youth or other circumstances beyond the control of Wild Youth, Wild Youth is entitled to a reasonable extension of the delivery/delivery period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Wild Youth written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
2. The Buyer is obliged to take delivery of the goods at the time when they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Wild Youth is entitled to store the goods at the expense and risk of the Buyer.



4. If the Products are delivered by Wild Youth or an external carrier, Wild Youth is entitled, unless agreed otherwise in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If Wild Youth requires information from the Buyer in the context of the implementation of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the implementation available to Wild Youth.
6. If Wild Youth has specified a term for delivery, this is indicative.
7. Wild Youth is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Wild Youth is entitled to invoice the thus delivered separately.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Wild Youth reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 7 - Packaging and transport

1. Wild Youth undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless agreed otherwise in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
3. The acceptance of goods without comments on the consignment note or the receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 - Investigation, complaints

1. The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether it retains the Product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. The Buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Wild Youth accepts no liability for the incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported in writing to Wild Youth after delivery at info@wildyouth.com The buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer will be liable for any reduction in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with
prior written permission from Wild Youth in the manner indicated by Wild Youth.

5. If the Buyer, being a Consumer, uses his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in original condition and packaging to Wild Youth, in accordance with Wild Youth's return instructions. The direct costs for return shipments are for the account and risk of the Buyer.
6. Wild Youth is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
7. Refunds to the Buyer will be processed as soon as possible, but the refund may take no more than 14 days after receipt of the Buyer's declaration of dissolution. Repayment will be made to the previously specified account number.
8. In the absence of a complete delivery, and/or if one or more Products are missing, and this can be attributed to Wild Youth, Wild Youth will, after a request from the Buyer, send the missing Product(s) or replace the remaining order. Cancel. The confirmation of receipt of the Products is leading here. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Wild Youth.


Article 9 - Prices

1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which Wild Youth has no influence, Wild Youth can offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 - Payment and collection policy

1. Payment should preferably be made in advance via Ideal, PayPal or credit card.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of Wild Youth made known to it. The parties can only agree on a different payment term after explicit and written permission from Wild Youth.
4. Wild Youth has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Wild Youth can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Wild
Youth can refuse full repayment of the principal sum, if the outstanding and accrued interest as well as the costs are not also paid.

5. The Buyer being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that term. before she falls into default.
6. From the date that the Buyer is in default, Wild Youth will, without further notice of default, be entitled to the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale. from the decision on compensation for extrajudicial collection costs of 1 July 2012.
7. If Wild Youth has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.

Article 11 - Retention of title

1. All goods delivered by Wild Youth remain the property of Wild Youth until the Buyer has fulfilled all the following obligations from all Agreements concluded with Wild Youth.
2. The buyer is not authorized to pledge or encumber the goods subject to retention of title in any other way if the ownership has not yet been fully transferred.
3. If a third party seizes the goods delivered under retention of title or wishes to establish or enforce rights thereon, the Buyer is obliged to inform Wild Youth of this as soon as may reasonably be expected.
4. In the event that Wild Youth wishes to exercise its property rights referred to in this article, the Buyer already now gives unconditional and irrevocable permission and authorization to Wild Youth or third parties to be designated by it to enter all those places where the properties of Wild Youth are located and to take those things back with them.
5. Wild Youth has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or issue Wild Youth. After the Buyer has fulfilled its obligations, Wild Youth will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed to Wild Youth by the Buyer upon first request.

Article 12 - Guarantee

Wild Youth guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Wild Youth of this use in writing at the time of entering into the Agreement.

Article 13 - Instructions for use Products

1. Buyer of Products must follow Wild Youth's regulations and instructions.
2. The buyer must store the jewelry carefully. If applicable, the jewelry should be stored in the packaging provided.
3. The Buyer must also take into account (harmful) substances of make-up, perfume, care and cleaning products that can affect, damage and/or discolour the jewellery. If the Buyer wears the jewelry in these situations, the jewelry may lose color, be damaged or be affected in another way. In none of these cases is the Buyer entitled to free repair or repair and the warranty expires.
4. The Buyer and third parties must refrain from adjusting and/or repairing Products themselves.
5. A Buyer can cause discoloration of Products sooner as a result of a higher acidity (naturally or due to the use of alcohol or medication) of its skin. Wild Youth is in no way liable for this.

Article 14 - Suspension and dissolution

1. Wild Youth is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, Wild Youth is authorized to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising from any agreement with Wild Youth. concluded Agreement.
3. Furthermore, Wild Youth is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that compliance with the
Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, Wild Youth's claims against the Buyer are immediately due and payable. When Wild Youth suspends compliance with its obligations, it retains its claims under the law and the Agreement.
5. Wild Youth always reserves the right to claim compensation.

Article 15 - Limitation of Liability

1. If the execution of the Agreement by Wild Youth leads to liability of Wild Youth towards the Buyer or third parties, that liability is limited to the costs charged by Wild Youth in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. . The liability of Wild Youth is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.

2. Wild Youth is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. Consumers are subject to a restriction in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Wild Youth is not liable for and/or obliged to repair damage caused by the use of the Product. Wild Youth provides strict maintenance and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using them is expressly excluded from liability (including traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. Wild Youth is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Wild Youth is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
6. Wild Youth does not guarantee a correct and complete transmission of the content of and by/on behalf of Wild Youth e-mail, nor for the timely receipt thereof.
7. All claims of the Buyer due to shortcomings on the part of Wild Youth lapse if they have not been reported in writing and with reasons to Wild Youth within one year after the Buyer became aware or could reasonably have been aware of the facts on which it bases its claims. All claims of
Buyer will in any case expire one year after the termination of the Agreement.

Article 16 - Force majeure

1. Wild Youth is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account under the law, legal act or generally accepted views.
2. Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i) force majeure of suppliers of Wild Youth, (ii) failure to properly comply with obligations of suppliers that have been to be Wild Youth
prescribed or recommended, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), ( vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Wild Youth and (xi) other situations that, in the opinion of Wild Youth, fall outside its sphere of influence that impair the fulfillment of its temporarily or permanently prevent obligations.
3. Wild Youth has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Wild Youth should have fulfilled its obligation.
4. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay damages to the other party.

5. Insofar as Wild Youth has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the force majeure, and the part fulfilled or to be fulfilled has independent value, Wild Youth is entitled to to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 - Risk transfer

For Consumers, the risk passes to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.

Article 18 - Intellectual Property Rights

1. All intellectual property rights and copyrights of Wild Youth are vested exclusively in Wild Youth and are not transferred to the Buyer.
2. The Buyer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents subject to the intellectual property rights and copyrights of Wild Youth without the explicit prior written permission of Wild Youth. If the Buyer wishes to make changes to goods delivered by Wild Youth, Wild Youth must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products on which Wild Youth's intellectual property rights rest other than as agreed in the Agreement.

Article 19 - Privacy, data processing and security

1. Wild Youth handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Wild Youth will inform the person concerned about this.
2. If Wild Youth is required to provide information security under the Agreement, this security will comply with the specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 20 - Complaints

1. If the Buyer is not satisfied with the Products of Wild Youth and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 3 calendar days after the relevant cause that gave rise to the complaint. led to report. Complaints can be reported via info@bywildyouth.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer if Wild Youth is to be able to handle the complaint.
3. Wild Youth will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. Parties will try to reach a solution together.




Article 21 - Applicable law

1. Dutch law applies to every Agreement between Wild Youth and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Wild Youth has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Wild Youth and the Buyer will be settled by the competent court of the Amsterdam District Court, Amsterdam location, unless provisions of mandatory law designate another competent court