General conditions

PLEASE PAY ATTENTION ! Timmersgems B.V. is a wholesale. At a wholesale rules are different than in a shop for consumers. So we have no trial period and no right of return so you cannot return any products. Timmersgems B.V. is not covered by the consumer protection code of 2014. Please read carefully the following terms & conditions before ordering.

Terms & conditions of Timmersgems BV Established with office in Oss.
These conditions apply to the online shop.

Article 1 - General
For the purposes of these terms and conditions shall apply:

  • General Conditions: these terms and conditions
  • The Supplier: Timmersgems B.V. Berghem
  • The Client: the party contracting with the supplier, not being a consumer or user
  • Order The contract between the supplier and the buyer regarding the sale of goods by the buyer
  • Products: Products / goods offered for sale by the supplier.

Article 2 - Applicability
These conditions form an integral part of the contract and to all offers by the supplier. It can only be waived in writing of the applicability of these terms and the terms and conditions themselves. They apply to the exclusion of all terms and conditions occurring on the documents issued by the buyer to the extent that those conditions are contrary to the first.

Article 3 - Offers and Deals
a. All offers are subject. The supplier is only bound after an order has been accepted by him in writing or has commenced by him with the delivery and / or execution. Deviations from written confirmation of an order binding on the supplier only after it has also been confirmed in writing.

b. The supplier always has the right without giving reasons to refuse an order in whole or in part, without any resulting liability for damages may arise from. The provisions of this paragraph shall also apply if a customer already has products purchased from suppliers.

c. Any later additions and / or amendments or (verbal) commitments made by us or our employees, representatives, agents or other intermediaries are only binding if confirmed in writing by an authorized person.

d. For deliveries which by their nature or size, no quotation or order confirmation is sent, the delivery note and / or invoice also considered as the order confirmation will be deemed to represent the agreement correctly and completely.

Article 4 - Price
a. The prices quoted are exclusive of VAT, transportation costs and possibly insurance.
b. The prices offered are only valid for the quantities offered.
c. Prices in the Timmersgems shop may vary from the current showroom price. This is because the website is based on a different cost structure. Differences will not compare to offset neither.
d. List prices in the catalgue are target prices in the web shop prices are binding except for price changes and and clear typing errors.

Article 5 - Payment
The prices on the website are in Euros, excluding VAT and shipping. Payment can be made by bank transfer. Timmersgems will deliver the product after payment is received. The delivery period starts when Timmersgems has received payment. Minimum spending amount is 150 euros excl. Shipping. Account numbers: Commerzbank: IBAN: DE40 5004 0000 0584 0988 00 (BIC COBADEFFXXX)

b. If the customer does not pay on time, he is without further notice an interest equal to two percent a month or calculating a portion of a month on the outstanding amount. Possible judicial and extrajudicial costs shall be borne by the buyer. The extrajudicial costs amount to at least 15%, overseas 20% of the principal amount owed by the customer, with a minimum of € 150.00 (say: eenhonderdvijftig euro) above the statutory interest on the invoice amount, calculated from thirty days invoice date.

c. If the customer does not pay on time, the supplier has the right to further implementation of the delivery and / or installation to suspend, until the customer has fulfilled its payment obligations. If the customer within a set written by Supplier term not fulfilled its payment obligations, the supplier also has the right to terminate the agreement in writing without judicial intervention.

d. Every payment of the customer serves primarily to pay the due interest and the collection costs incurred by the supplier.

Article 6 - Retention of title
The supplier delivered goods remain until full payment of its claims by the buyer to the property of the supplier, provided that the buyer bears the risk and liability for the goods delivered by the supplier from the time they are its disposal asked.

The customer is not entitled to the goods which have not been paid to sell them to (have) a lien, or (have) these goods processing.

Article 7 - Delivery
a. After receiving the order, you will receive immediate e-mail confirmation of the order. Once the amount is credited to the account of Timmersgems, Timmersgems send the ordered items within 3 business days.

b. The stated by the supplier delivery times will never be regarded as a deadline, unless otherwise expressly agreed. At late delivery, the supplier should be in default if the customer wishes to annul.

c. Exceeding the delivery, the purchaser is not entitled to compensation of any kind or right of non-fulfillment of any obligation on the buyer to the supplier.

d. If the ordered goods within this time may be concerned Timmersgems will directly contact you by email. This will be done within a reasonable time but not later than 7 days after ordering the goods.

Article 8 - Reclamation/acceptance
Any claims will be considered if within five days after delivery in writing directly by the supplier are received. For hidden defects that advertising ring true within the warranty period should take place.

If complaints are recognized founded, at the discretion of the supplier can recover either the defect, replace the item or refund the net invoice amount.

Complaints about invoices must be submitted in writing within five days after the date of the invoices.

Timmersgems will refund the purchase price as soon as possible after receipt of the return. Timmersgems reserves the right to refuse or to refund only a portion of the amount paid returns when it is suspected that the product has been used, if the article is a result of using damaged or if the goods are not in original packaging have been sent.

If the customer within five days of delivery, or the date of the invoice, has complained in writing to the supplier, he shall be deemed the delivery or invoices have been accepted. Complaints are the supplier no longer be considered.

Submitting complaint rings relieve the customer from its obligations under the purchase agreement with respect to the supplier.

DVDs, CDs Hygienic goods and consumer goods such as incense various types of oil can not be exchanged or returned. Books can be returned only if there is a misprint or bind error. If your order arrived damaged, you must still notify us the same day. If your order is incomplete then you must notify WITHIN 2 DAYS.

Deviations in product descriptions (such as weights and / or formats) of the ordered product will never be cause for cancellation of the order. This also applies to color, because it may also differ from the delivered product, despite the fact that we use a studio or studio photographer that works with natural light.

Returns must be made to the following address:
Timmersgems B.V.
Osseweg 48
5351 AE Berghem
The Netherlands

Article 9 - Transport and handling
a. The transport of all goods connected with the commission, expense and risk of the buyer, even if it is otherwise stated in the note. If desired, insurance at the request of the customer.

b. Returns are only accepted by the supplier, if he has given his prior consent and postage paid.

c. We are entitled for orders with a low invoice value for treatment to bring a surcharge.

We use the following shipping costs:

Country Package Pallet Pickup
Belgium € 13,- € 165,- € 0,-
Bulgaria € 65,- € 245,- € 0,-
Czech republic € 38,- € 245,- € 0,-
Croatia € 56,- € 245,- € 0.-
Denmark € 16,- € 245,-  € 0,- 
Estonia € 38,- € 245,- € 0,-
Finland € 38,- € 245,- € 0,-
France € 19,- € 285,- € 0,-
Germany € 16,- € 265,- € 0,-
Holland € 8,50 € 85,- € 0,-
Ireland € 22,- € 285,- € 0,-
Italia € 26,- € 245,- € 0,-
Lituania € 38,- € 245,- € 0,-
Austria € 19,- € 285,- € 0,-
Poland € 38,- € 245,- € 0,-
Portugal € 38,- € 245,- € 0,-
Roemenia € 48,- € 245,- € 0,-
Servia € 56,- € 245,- € 0,-
Slovenia € 48,- € 245,- € 0,-
Slowakia € 48,- € 245,- € 0,-
Spain € 32,- € 245,- € 0,-
Switzerland € 55,- € 245,- € 0,-
Sweden € 19,- € 245,- € 0,-
United Kingdom € 38,- € 380,- € 0,-

d. Timmersgems charges shipping costs from € 8.50 per 31 kilos, and in Belgium / Germany from € 13 per 31 kilos. Items that differ in terms of volume weight may sometimes not fit within the applicable shipping protocol. Shipments per pallet are never shipped free of charge.

e. Timmersgems charges shipping costs from € 38,- per 31 kilograms for shipments to the UK. Products which differ in terms of volume weight can sometimes do not fit within the existing shipping protocol.

f. Timmersgems is a wholesaler committed themselves to ship the goods with reliable and respected carriers. Most of these carriers will deliver your order during office hours from 08:00-18:00 hours and will not deliver in the evening hours. When ordering, we recommend that you provide an address where someone will be available during the day to receive the order. Do you know that you are not at home on the day of delivery, please provide a different address. Our carrier is DHL and your package will be delivered two times more at the same address when you are not at home. 

g.The cost for Norway include € 29.50 export costs.

Article 10 - Force Majeure
a. If the supplier due to force majeure is unable to perform the normal order, he has the right to contract at a later date to perform or wholly or partly to declare dissolved without judicial intervention. Force majeure shall in any case; injudicious use of the delivered at the discretion of the supplier, strike, excessive absenteeism of staff, transport difficulties, fire, government measures, by suppliers cessation of production or making changes to be delivered. In the latter case, the supplier is entitled to delivery of the modified business, if the changes in the view of the supplier only minor deviations from the mean initial offering.

b. In case of termination as specified in a. The customer is held in the framework of the order available to take possession and the purchase price to be paid pro rata.

c. If the supplier of force majeure has to make multiple charges for the execution of the order, he has the right to charge these additional costs to the customer charge.

Article 11 - Liability
a. No, untimely or inadequate supply, or failure or malfunction of the delivered goods shall not entitle to compensation and / or dissolution, to the extent there is beyond the control of the supplier.

b. The counter party shall indemnify Supplier against all liability that could rest on supplier towards third party regarding the goods delivered by the supplier. Supplier accepts no liability for recourse from the other party, particularly by distributors or other resellers of vendors' products, from whatever reason and more specifically in respect of product

c. Orders that are lost during transmission fault of Timmersgems will not be replaced or compensated financially. This measure does not apply if the loss is arguably due to negligence on Timmersgems. If we receive the shipping return and show that you have filled in the shipping information is not correct then we are not responsible for this and we will not reimburse shipping costs. If you want to receive the package yet, you must pay the shipping itself again.

Article 11A - Sustainability and position of child labor.
Natural products such as precious stones and minerals, wooden objects etc. may differ from what you see in the photo. After all, no object is the same because nature simply gives what it wants. There can always be differences in size, color and weight. It also happens that some stones and minerals are artificial and made by human hands. With some stones and minerals this can be seen very clearly but sometimes it is not even clear to us because stones have sometimes been reproduced in a very convincing way. If you can prove that a stone or mineral is artificial and this was not in the description at the time of placing an order then this is of course a reason for complaint and we will look for a suitable solution together. We take a strong stand against exploitation and child labor. We sometimes hear that in some countries children are still being exploited and have to work. At such times we will always let the best interests of the child prevail, and if what we learn is correct and proven then we will end the relationship with the relevant entrepreneur.

Article 12 - Warranty
a. Unless expressly agreed in writing, the supplier makes no warranty on the delivered goods.

b. Should the supplier warranty is provided, lapses if goods to which the guarantee applies, not for their intended purpose or improper or used, methods of use are not observed, improper repairs are carried out, changes have been made or numbers or seals have been maimed or removed.

c. Should the supplier warranty is supplied, the warranty period, unless expressly agreed otherwise, the number of months during which time any warranty provided by the manufacturer. However, the warranty period amounts to no more than six months.

d. The customer who wishes to appeal, it must notify in writing to the supplier any written guarantee agreed. The customer must do so within eight days after he has discovered or reasonably have discovered the defects. The cases should be left unaltered after the filing of complaints by the customer, until the provider has examined the complaints.

e. Under a guarantee given by the supplier regarding matters that are outside the Netherlands, the supplier can only be held liable for the cost of repair or replacement up to an amount which would have amounted these costs in construction in the Netherlands.

f. The buyer must inspect the goods delivered by the supplier upon delivery. The purchaser shall be deemed delivered as agreed and free from defects in good condition receive, unless the supplier within fourteen days after the goods have been delivered by the supplier in writing of any defects informs.

g. The buyer shall indemnify the supplier for any liability that could rest on the supplier towards third parties concerning the goods delivered by the supplier.

h. Timmersgems guarantees that the delivered items are adequate and meet the specifications listed in the offer. Exceptions are possible color differences. Defects that have arisen as the result of normal wear and tear or which are due to substantial debt of the customer are not covered by the warranty.

Article 13 - Copyright 
Who owns copyright? In principle, the copyright belongs to the creator of a work. But if the work in employment (wage) is made, then it is entitled to the employer ie Timmersgems. Is a work commissioned, the copyright in exceptional cases to the client: read are Timmersgems. In order to obtain copyright, a work need not be registered. Also, it is not necessary to the known symbol © to use. With the creation of a work is created automatically copyright protection.

Copyright on the internet, unlike what many people think, rests there is indeed copyright in works that are shown on the Internet. For this use one has to have the permission of the author

What can and can not now with the pictures of the website:

  • You may use the pictures NOT unsolicited.
  • You may use the photos ONLY after approval.
  • You may use the pictures ONLY on your own website and not in other media.
  • You may use the pictures ONLY gbebruiken to resell products
  • You must clear through a reclaimer to indicate the source of the photos, this (link to) reclaimer should be visible from the frontpage.

The texts used come partly from wiki sources and are partly self written, it goes without saying that we do not allow the use of our texts to other web sites / purposes. So this is not allowed.

Article 14 - Dissolution
The supplier is entitled, subject to the rights to compensation for costs, damages and interest, the execution of the order to suspend or to annul the agreement in writing, in case the recipient:
a. is declared bankrupt, goes into administration, a request for a (provisional) moratorium submit or seized all or part of its assets;
b. dies or is counted in receivership;
c. non or untimely any obligation under the law, the agreement or of these terms and condition requirements;
d. fails to pay an invoice amount or part thereof within the stipulated period;
e. goes on strike or transfer of its business or an important part thereof, including the transfer of its business to focus on a new or existing company, or proceeds to changes in the objectives of its business.

Article 15 - Evidence
At any dispute the information contained in the records of the supplier shall be decisive, subject to proof.

Article 16 - Applicable law
All agreements are subject to Dutch law.
This website is in its entirety, including the naming, design, layout and text copyrighted. No part of this website may without permission Timmersgems be used be used for other websites and / or for other purposes.

Article 17 - Disputes
Disputes arising out of supplies by the supplier and which can not be amicably settled, can only be brought before the competent judge of the district court in 's-Hertogenbosch, unless the cantonal judge is competent.

  • Largest gemstone wholesaler in Europe
  • More than 165,000 various articles in stock
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  • Guaranteed competitive prices

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