Terms & Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following terms have the following meanings:

  • BY JACKY®: the sole proprietorship operating under the name BY JACKY® — The Art of Jewellery, with its principal place of business at Torenallee 20, 5617BC Eindhoven, the Netherlands, registered with the Dutch Chamber of Commerce under number 89755839.
  • Client: a natural person or a legal entity that enters into a Distance Contract with BY JACKY®.
  • Consumer: a Client who is a natural person acting for purposes outside their trade, business, craft or profession.
  • Contract: any Distance Contract concluded between BY JACKY® and the Client.
  • Distance Contract: a contract concluded entirely by means of one or more distance communication techniques (including the Website, e-mail and telephone), without BY JACKY® and the Client being simultaneously physically present.
  • Cooling-Off Period: the period within which a Consumer may exercise the Right of Withdrawal, as set out in Article 5.
  • General Terms and Conditions: these General Terms and Conditions of BY JACKY®.
  • Product: any item or service offered for sale by BY JACKY® via the Website, including jewellery, watches and silverware.
  • Right of Withdrawal: the Consumer's statutory right to cancel a Distance Contract within the Cooling-Off Period without giving a reason.
  • Website: the online store of BY JACKY® accessible via www.by-jacky.nl.

Article 2 – Identity and Applicability

These General Terms and Conditions apply to every offer made by BY JACKY® and to every Contract concluded between BY JACKY® and a Client.

Before a Contract is concluded, the Client will be provided with these General Terms and Conditions free of charge. If this is not reasonably possible, BY JACKY® will inform the Client how to access the General Terms and Conditions prior to conclusion of the Contract.

If one or more provisions of these General Terms and Conditions are, at any time, null and void or annulled, the remaining provisions shall continue in full force. BY JACKY® and the Client will consult to agree on replacement provisions that reflect the purpose and scope of the original provisions as closely as possible.

Any deviations from these General Terms and Conditions are only valid if agreed in writing between both parties.

Article 3 – The Offer

All offers on the Website are without obligation and subject to availability. BY JACKY® cannot be held to an offer if the Client could reasonably have understood that the offer, or part of it, contained an obvious mistake or error (such as an obviously incorrect price).

Each offer contains sufficient information for the Client to understand what rights and obligations are attached to acceptance, including the price inclusive of VAT, any delivery costs, the means by which the Contract is concluded, and whether the Right of Withdrawal applies.

Article 4 – The Contract

A Contract is concluded at the moment the Client accepts the offer and meets the conditions stated therein. BY JACKY® will confirm receipt of acceptance without delay. Until confirmation is received, the Client may cancel the Contract.

BY JACKY® is entitled to investigate whether the Client can meet their payment obligations before concluding a Contract. If BY JACKY® has reasonable grounds not to proceed, it is entitled to refuse an order or attach special conditions to its execution, with reasons stated.

All prices are inclusive of VAT and exclusive of delivery charges, unless stated otherwise. BY JACKY® may adjust prices at any time; price changes will not affect Contracts already concluded.

Article 5 – Right of Withdrawal

A Consumer has the right to withdraw from the Contract within 14 days without giving any reason. The Cooling-Off Period begins on the day the Consumer (or a third party designated by the Consumer, not being the carrier) physically receives the Product.

During the Cooling-Off Period, the Consumer shall handle the Product and its packaging with care. The Consumer may only unpack or use the Product to the extent necessary to assess its nature, characteristics and functioning — as would be permissible in a physical store.

To exercise the Right of Withdrawal, the Consumer must inform BY JACKY® (e.g. by e-mail to info@by-jacky.nl or by using the model withdrawal form on the Website) within the Cooling-Off Period. This notification must be an unambiguous statement of the decision to withdraw.

The Consumer must return the Product to BY JACKY® as soon as possible and no later than 14 days after notification. The direct costs of return are borne by the Consumer.

BY JACKY® will refund all payments received from the Consumer, including standard delivery costs, no later than 14 days after receiving the returned Product or proof of return — whichever occurs first. BY JACKY® will use the same payment method as the Consumer used for the original transaction, unless the Consumer expressly agrees otherwise.

Article 6 – Exclusions from the Right of Withdrawal

The Right of Withdrawal does not apply to:

  • Products made to the Consumer's specifications or clearly personalised (e.g. engraved, resized or custom-made jewellery);
  • Products that can deteriorate or expire rapidly;
  • Sealed Products not suitable for return for health protection or hygiene reasons, if unsealed after delivery;
  • Products inseparably mixed with other items after delivery.

BY JACKY® will clearly communicate in the offer if the Right of Withdrawal is excluded for a specific Product.

Article 7 – Payment

The Client shall pay all amounts owed to BY JACKY® in accordance with the payment method selected during the ordering process. Payment must be made in advance unless otherwise agreed in writing.

The Client must promptly report any inaccuracies in payment details to BY JACKY®.

In the event of late or non-payment, BY JACKY® is entitled, after a reminder, to charge statutory interest and reasonable extrajudicial collection costs in accordance with the Dutch Act on Extrajudicial Collection Costs (Wet normering buitengerechtelijke incassokosten).

Article 8 – Delivery

BY JACKY® will take the greatest possible care when receiving and fulfilling orders. The place of delivery is the address provided by the Client. If an incorrect address is provided, re-delivery costs are for the Client's account.

Delivery times stated on the Website are estimates only and do not constitute binding deadlines. Exceeding a delivery time does not entitle the Client to compensation or cancellation, except as provided below.

If BY JACKY® is unable to deliver within the agreed period, the Client will be notified without delay. If delivery cannot be made within a new agreed period, a Consumer is entitled to cancel the Contract free of charge and receive a full refund within 14 days.

The risk of damage or loss of Products passes to the Client at the moment of delivery.

Article 9 – Force Majeure

BY JACKY® is not obliged to fulfil any obligation if hindered by circumstances beyond its reasonable control (force majeure), including but not limited to: strikes, fire, flooding, government measures, pandemics, and failures of third-party suppliers.

If force majeure continues for more than 30 days, both parties are entitled to dissolve the Contract in writing without obligation to pay compensation.

Article 10 – Warranty and Conformity

BY JACKY® guarantees that all Products conform to the Contract, the specifications stated in the offer, and applicable legal requirements at the time the Contract was concluded.

Under EU consumer law (Directive (EU) 2019/771), Consumers are entitled to a statutory conformity guarantee of at least two (2) years from the date of delivery. If a defect appears within 12 months of delivery, it is presumed to have existed at the time of delivery, unless BY JACKY® can demonstrate otherwise.

The warranty does not apply where:

  • the Client or a third party has repaired, modified or processed the Product without BY JACKY®'s authorisation;
  • the Product has been exposed to abnormal conditions, used carelessly, or contrary to BY JACKY®'s instructions;
  • the defect is wholly or partly caused by government regulations on the nature or quality of the materials used;
  • the Product is second-hand; or
  • the Product has been lost or stolen (no right to replacement or refund).

Article 11 – Liability

BY JACKY®'s liability under any Contract is limited to the invoice value of that Contract (inclusive of VAT), unless the damage results from intent or gross negligence on the part of BY JACKY®.

BY JACKY® is not liable for indirect or consequential loss, including but not limited to loss of profit, lost savings, immaterial damage, or damage from business interruption.

BY JACKY® is not liable for damage caused by software malfunction or computer viruses, unless caused by intent or gross negligence by BY JACKY®.

When a Client orders setting of stones or engravings on Products, the risk of damage during that process is for the Client's account.

These limitations do not apply to the extent prohibited by applicable law, or in cases of personal injury or death caused by BY JACKY®'s negligence.

Article 12 – Intellectual Property Rights

All intellectual property rights in the Products (including designs), as well as in all texts, images, design, data files, photographs, visual materials, formats, software, brand names, domain names and other materials on the Website, vest in BY JACKY®.

The Client may not publish, reproduce or otherwise use any part of the Website without prior written consent from BY JACKY®. Consumers may place a hyperlink to the Website for information purposes only. Any other use of a hyperlink requires BY JACKY®'s prior written consent.

Article 13 – Complaints Procedure

BY JACKY® operates a complaints procedure and will handle complaints in accordance therewith. Complaints about the performance of a Contract must be submitted to BY JACKY® within a reasonable time after the Client discovers the defect, with a full and clear description.

Complaints will be acknowledged within 14 days of receipt. If a complaint requires a longer processing time, BY JACKY® will confirm receipt within 14 days and indicate when a substantive response can be expected.

If a complaint is not resolved to the Consumer's satisfaction, the Consumer may submit the dispute to the competent court (see Article 14) or contact an accredited ADR (Alternative Dispute Resolution) body. EU Consumers may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Article 14 – Applicable Law and Jurisdiction

All Contracts between BY JACKY® and the Client are exclusively governed by Dutch law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Disputes between BY JACKY® and a Consumer who is an EU/EEA/CH citizen will, where necessary, be submitted to the competent court in Amsterdam. BY JACKY® will inform the Consumer at least one (1) month before initiating proceedings, giving the Consumer the option to have the dispute heard by the court in their place of residence. An EU/EEA/CH Consumer always retains the right to bring proceedings before the court in their own jurisdiction.

Disputes between BY JACKY® and a Client who is not an EU/EEA/CH Consumer will, where necessary, be submitted to the Netherlands Arbitration Institute (NAI) in accordance with the NAI Arbitration Rules, with Amsterdam as the place of arbitration. BY JACKY® will notify the Client at least one (1) month before initiating proceedings, giving the Client the option to have the dispute resolved before the competent Dutch court instead.

Article 15 – Privacy

BY JACKY® processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Dutch privacy legislation. For further information, please refer to BY JACKY®'s Privacy Policy, available on the Website.

BY JACKY® — The Art of Jewellery | Torenallee 20, 5617BC Eindhoven | KvK 89755839 | info@by-jacky.nl | Last updated: 1 July 2026