Terms & Conditions

A. Terms and conditions of use

1. General

De Parme Design B.V. (Chamber of Commerce 60590602) hereby grants you access to www.deparmedesign.com and publishes texts, images, and other materials provided by De Parme Design B.V. and third parties. De Parme Design B.V. reserves the right to modify the content or remove sections at any time without prior notice to you. The information on www.deparmedesign.com is intended as non-binding and not as a concrete offer to enter into an agreement. Agreements are only concluded by acceptance of an offer from De Parme Design B.V. expressly designated as such.

2. Limitation of Liability

The materials offered on www.deparmedesign.com are provided without any form of guarantee or claim to accuracy. These materials may change at any time without prior notice from De Parme Design B.V.

In particular, all prices on www.deparmedesign.com are subject to typographical and programming errors. No liability is accepted for the consequences of such errors. No agreement is formed based on such errors.

3. Copyright

All intellectual property rights regarding these materials are held by De Parme Design B.V. Copying, distributing, and any other use of these materials is not permitted without written consent from De Parme Design B.V., except where otherwise specified by mandatory law (such as the right to quote), unless otherwise indicated for specific materials.

4. Other

These terms of use may change from time to time.

B. Terms and conditions of sale

1. General Provisions

1.1 These Sales Terms and Conditions govern the legal relationship between the limited liability company De Parme Design B.V. (hereinafter: "De Parme Design") and you, the retailer (hereinafter: "Retailer").
1.2 The applicability of any sales terms of the Retailer is excluded.
1.3 Changes to these Sales Terms and Conditions are only valid if expressly agreed upon in writing.

2. Order Process

2.1 De Parme Design offers its jewelry designs, rugs, and other designs (hereinafter: "Motifs") either directly or through its sales agents to the Retailer.
2.2 Orders placed by the Retailer with De Parme Design, directly or through a third party, are binding.
2.3 De Parme Design confirms each order to the Retailer by means of the standard order confirmation form (hereinafter: "Order Confirmation").
2.4 De Parme Design will provide a price quote after an order is placed by the Retailer, which is valid for 1 week. During this time, De Parme Design will receive approval for the order, at which point the price quote will be converted into an order confirmation with deposit terms.

3. Delivery

3.1 In the Order Confirmation, De Parme Design confirms the ordered designs, applicable prices, and estimated delivery dates.
3.2 The delivery dates provided by De Parme Design are estimates, and De Parme Design will make all reasonable efforts to deliver by those dates.
3.3 In case of a delivery date being exceeded, De Parme Design is not liable for any damages to the Retailer. The Retailer is also not entitled to terminate the agreement unless the delay is such that it is unreasonable to expect the Retailer or their client to continue with that part of the agreement.
3.4 If the delivery of any reference materials or payment of any agreed-upon advance payments or other payments occurs later than the agreed date, De Parme Design is entitled to extend the delivery time by at least the duration of the delay.
3.5 Once the Designs are delivered to the Retailer’s premises, all risks of loss and damage are the responsibility of the Retailer.
3.6 Unless the Retailer inspects the Designs and notifies De Parme Design in writing within 48 hours of delivery that the Designs do not fully meet the relevant specifications or descriptions, the Designs are deemed to have been accepted in good order and condition.

4. Cancellation and Return of Designs

4.1 Unless agreed otherwise in writing by De Parme Design, returns are not accepted.4.2 If De Parme Design agrees to accept the return of Designs, they must be undamaged, in resellable condition, and delivered at the Retailer’s expense to De Parme Design.

5. Amounts Due and Payment Terms

5.1 Amounts are exclusive of VAT. Unless otherwise agreed, payment of the amounts due must be made within 7 days after the Retailer has received the Order Confirmation.
5.2 If the Retailer does not pay any due amount within the period mentioned in [5.1], a late payment fee of 2.5% per month will be charged on the outstanding amount, and De Parme Design may charge all extrajudicial and judicial costs with a minimum of 10% of the outstanding amount.
5.3 Except for offsets made for any advances paid by the Retailer, the Retailer is not entitled to offset, suspend, or reduce the amount due.
5.4 The Retailer will bear the transport costs of the Designs.
5.5 For a new order, a deposit of 50% is required to begin production of the jewelry. The full amount must be paid before delivery.

6. Obligations of De Parme Design and Warranty

6.1 The Designs are original creations of De Parme Design and meet a series of criteria for quality, precision, and craftsmanship.
6.2 A 12-month warranty applies to all designs produced by De Parme Design, valid under normal usage conditions from the actual delivery date, provided that the Designs are maintained exclusively by the Retailer or another authorized retailer.
6.3 This warranty does not cover normal wear and tear, improper or inappropriate use of the designs (such as bumps, falls, or crushing), and any maintenance performed outside the official network, which may damage the designs, for which De Parme Design is not responsible.
6.4 The 12-month warranty on jewelry is limited to clasps and assembly.
6.5 If a defect in the Designs is visible and is the result of faulty production, De Parme Design will repair or replace the Designs. Alternatively, De Parme Design may decide to credit the Retailer for all payments made concerning such Designs.
6.6 For intensive/rough daily use that results in significant damage, repair costs will not be reimbursed. De Parme Design can mediate in the process for sending the damaged jewelry to the workshop, with shipping costs at the Retailer's expense.

7. Obligations of the Retailer

7.1 The Retailer will:
a. Make every effort to promote, market, and sell the Designs and represent De Parme Design regarding the Designs;
b. Apply prices to the designs in accordance with the retail prices recommended by De Parme Design and, if the Retailer wishes to offer a discount, will only communicate this discount to the respective customer and not use discounts in general communications;
c. Immediately inform De Parme Design of any material changes in its business operations that may affect its relationship with or amounts owed to De Parme Design;
d. Comply with all laws and regulations; and
e. Avoid unethical or misleading business practices or actions that could harm or otherwise damage the reputation or integrity of (the brand related to) the Designs, De Parme Design, the designer, and any other person working for De Parme Design.

8. Communication and Evaluation

8.1 Any plan for the promotion, marketing, or other form of PR related to the Designs must be discussed with De Parme Design in advance, and the execution of a final plan requires prior approval from De Parme Design.
8.2 The parties will keep each other informed about any event or development related to the De Parme Design brand and the Designs, which could be relevant to the other party.
8.3 Each quarter, and when necessary, the parties will evaluate relevant aspects of their collaboration, such as marketing, promotions, sales, prices, special offers, and any other topic that one of the parties wishes to discuss.

9. Intellectual Property Rights

9.1 The Designs, the DE PARME brand, the trade name De Parme Design, and the Designs are protected under national and international intellectual property rights such as trademark law and copyright.
9.2 The Retailer may only use these intellectual property rights to identify, promote, and sell the Designs as a retailer to customers and in no case against the interests of (the brand related to) the Designs and De Parme Design or its director or designer or any other person working for De Parme Design. The Retailer's right to use the intellectual property rights automatically expires upon the termination of the relationship with De Parme Design.

10. Termination of the Agreement

10.1 Both parties may terminate this agreement with a notice period of 30 days. De Parme Design is not liable for any loss or damage resulting from such termination.
10.2 In addition to the conditions set out in these Sales Terms and Conditions and statutory provisions, De Parme Design has the right to terminate the agreement with the Retailer without notice if:
a. The Retailer becomes insolvent or files for bankruptcy or suspension of payments. If the Retailer has not fulfilled all obligations to De Parme Design upon termination of the agreement, all rights granted to the Retailer automatically expire without any legal action being required; and/or
b. The Retailer commits any act that could harm or otherwise damage the reputation or integrity of (the brand related to) the Designs, De Parme Design, or its director, designer, or any other person working for De Parme Design.

11. Retention

11.1 Ownership of the Designs remains with De Parme Design and only transfers to the Retailer once the amounts owed for the Designs have been fully paid and received by De Parme Design.
11.2
a. De Parme Design has the authority to reclaim, sell, or otherwise trade and/or dispose of all or part of the Designs;
b. De Parme Design and its agents and employees have the right to enter any office or other property where the Designs or part of them are stored, or which De Parme Design reasonably believes is where they are kept;
c. The Retailer will store or mark the Designs in a manner that is reasonably satisfactory to De Parme Design, indicating that ownership of the Designs remains with De Parme Design; and
d. The Retailer will insure the Designs for their full replacement value and ensure that De Parme Design is listed as the beneficiary of the insurance policy in case of loss.

12. Liability and Indemnification

12.1 De Parme Design’s total liability for direct damage is in any case limited to the maximum compensation received by De Parme Design in the 30 days immediately prior to the event that caused the liability. Direct damage is understood to mean material damage that directly results from a breach or unlawful act by De Parme Design. This limitation of liability does not apply in cases of intent or gross negligence by De Parme Design's directors and officers.
12.2 De Parme Design’s