Terms of Service

The user acknowledges that by using the Website or placing an Order, an Agreement is formed between Franky Amsterdam and the Customer. These Terms describe the rights, obligations, and conditions that apply to all relationships between the user (as Customer) and the provider. The user is advised to carefully review these Terms, which are to be read in conjunction with the Privacy Policy and the Cookie Policy.

Article 1 – Definitions

For the purpose of these Terms, the following terms are defined as follows (unless the context indicates otherwise):

• Agreement: The legally binding contract that is concluded between Franky Amsterdam and the Customer when an Order is placed via the Website.
  - Customer: Any individual or entity purchasing Products from Franky Amsterdam.
  - Customer Service: The support system accessible by the user via the email address info@frankyamsterdam.com.
  - Franky Amsterdam: Franky Amsterdam Jewellery B.V., a company incorporated and registered in the Netherlands under registration number 86509373.
  - Intellectual Property: Rights encompassing copyrights, trademarks, patents, and other proprietary rights related to Franky Amsterdam’s Products and the Website.
  - Order: A request initiated by a Customer to purchase one or more Products.
  - Personal Data: Any data provided by the Customer that is necessary for processing Orders or ensuring customer support, including information as detailed in the Privacy Policy.
  - Products: Items or merchandise available for purchase either on the Website or at Franky Amsterdam’s physical Store.
  - Reflection Period: The period during which the Customer may opt to withdraw from the Agreement without needing to provide a reason; this period lasts 14 days from the receipt of the Product.
  - Right of Withdrawal: The Customer’s right to cancel the Agreement within the Reflection Period pursuant to the conditions set in Article 4.
  - Store: The physical retail locations operated by Franky Amsterdam.
  - Website: The online platform accessible at frankyamsterdam.com, where the Customer may browse and order Products.

Article 2 – General Provisions

2.1 These Terms govern all interactions between Franky Amsterdam and the Customer, including but not limited to Orders placed via the Website and purchases from the physical Store on a global basis.

2.2 Any deviation from these Terms must be agreed upon in writing by the provider and will not be automatically applicable to the user.

2.3 By using the Website or placing an Order, the user agrees to be bound by these Terms as well as by the Privacy Policy and Cookie Policy.

2.4 These Terms are intended to protect not only the interests of Franky Amsterdam but also the rights and expectations of the user and any of its employees or affiliates who interact with the provider.

Article 3 – Website Purchases and the Reflection Period

3.1 The user is entitled to a Reflection Period of 14 days for Purchases made via the Website. This period begins from the day the Product is received.

3.2 If the user receives multiple Products in one Order, the Reflection Period shall commence when the last Product is received.

3.3 The Reflection Period does not apply to customized Products or items that, due to hygiene reasons (e.g., earrings), cannot be returned.

3.4 It is the responsibility of the user to return the Products in their original condition and packaging. The user must ensure that the Products are handled carefully during the return process.

Article 4 – Right of Withdrawal

4.1 The user may exercise the Right of Withdrawal at any point within the 14-day Reflection Period. This period starts once the Product is delivered to the user.

4.2 To exercise this right, the user must return the Products in an original and unused condition, along with any attached tags or packaging materials.

4.3 All return shipping costs are to be borne by the user, including any risks associated with the return shipment.

4.4 Refunds will be processed by the provider within 14 days after receipt of the returned Product, subject to the Product’s condition upon return.

Article 5 – Prices and Payment Method

5.1 All prices are displayed in euros and do not include supplementary charges such as shipping fees or handling fees which may apply.

5.2 The user has the option to choose from multiple payment methods, including iDeal, credit cards (Mastercard, Visa), PayPal, Klarna, and Bancontact.

5.3 Should there be any adjustments in the tax rates or changes in other applicable fees, the user understands that such adjustments will be reflected in future Orders, but they will not affect any existing Orders.

5.4 Payment must be made promptly. The user is responsible for ensuring that payment is received on time. Failure to make payment may result in the incurrence of interest charges and collection fees.

Article 6 – Delivery

6.1 The user must provide an accurate delivery address, as errors in the address may delay or prevent delivery. The responsibility to correct any delivery issues rests with the user.

6.2 Delivery dates provided by the provider are estimates only, and no contractual or legal obligation exists for on‑time delivery. The user is advised to understand that delays may occur.

6.3 In circumstances where a Product is not available, the provider will notify the user and may propose a suitable replacement.

6.4 The provider shall not be held liable for any damage to the Product caused by misuse or negligence by the user following delivery.

Article 7 – Warranty

7.1 The user is provided with a warranty period of 6 months against manufacturing defects in the Product, excluding issues that arise from normal wear and tear.

7.2 This warranty is rendered void if the Product is misused, altered, or damaged by the user in a manner inconsistent with normal use.

Article 8 – Complaints

8.1 The user is encouraged to file any complaints regarding the Product or service within 14 days of delivery.

8.2 Upon receipt of a complaint, the provider is committed to responding within 14 days and resolving the issue through suitable remedial actions—either by replacing the Product or processing a refund.

Article 9 – Intellectual Property and Personal Data

9.1 All intellectual property rights related to the Products and the Website remain the exclusive property of Franky Amsterdam. The user is not granted any rights to use such intellectual property except as expressly permitted.

9.2 By accepting these Terms, the user confirms consent to the processing of Personal Data as detailed in the Privacy Policy. This consent ensures that the user’s data is handled in accordance with applicable laws and for the purposes described therein.

Article 10 – Force Majeure

10.1 The user acknowledges that the provider will not be held liable for any delays or failures to perform its obligations if such failures are caused by circumstances beyond its reasonable control (force majeure events).

10.2 In the event of force majeure, Franky Amsterdam reserves the right to cancel or suspend Orders without the assumption of liability.

Article 11 – Limitation of Liability

11.1 The provider is liable only for damages arising from proven negligence or wrongful conduct. In any event, the total compensation provided to the user shall not exceed the value of the Product(s) involved.

11.2 No liability shall be assumed by the provider for damages incurred as a result of the user’s improper or unauthorized use of the Product(s).

Article 12 – Governing Law and Jurisdiction

12.1 In the event that any part or provision of these Terms is deemed invalid or unenforceable, such invalidity will not affect the validity or enforceability of the remaining provisions.

12.2 These Terms are governed by Dutch law. In any disputes between the provider and the user, the courts located in Amsterdam will have exclusive jurisdiction.

This comprehensive version of the Terms of Service is designed so that the user clearly understands the contractual framework, their rights, and the responsibilities both they and the provider have in relation to Orders, payments, data processing, and dispute resolution. Should the user have any questions or require further clarification regarding any provision, they are encouraged to contact Customer Service at info@frankyamsterdam.com.