Legal Information

General conditions

Want to download our terms and conditions or view them as a pdf? Download them here:

These terms and conditions apply to all of Burgant’s services and products. By using our services, you agree to the terms and conditions below. Do you have any questions? Please feel free to contact us.

Burgant – Member of the Gold and Silver Federation (FGZ) – Version 2025

Please note that the conditions below apply to
Burgant. Should you place an order in the
webshop Margrietjewels.com then different general
terms and conditions. These differing terms and conditions are
listed on daisyjewels.com

GENERAL CONDITIONS
of the Dutch Jewelry and Timepieces Industry and the
Association of Gold and Silversmiths. (AV CZ/98, February 2010)

ARTICLE 1 – Definitions
In these General Conditions the following terms shall have the following meanings:
Consumer: Natural person who is not acting in the exercise of a
profession or business and who enters into an Agreement concerning a Product.
Entrepreneur: Natural or legal person who as a member of NJU/VGZ makes an offer
or enters into an Agreement concerning a Product.
Agreement: Agreement between the Entrepreneur and the Consumer concerning
an Agreement of purchase/sale, assignment and/or contracting of work.
Distance Contract: An Agreement that is concluded via a
system organized by the Entrepreneur, whereby exclusive use is made
of techniques for distance communication.
Product: Jewelry, gold and silver works, timepieces, precious stones and
related articles, as well as repair, design, manufacture and valuation of
said goods.

ARTICLE 2 – Applicability
These General Terms and Conditions apply to any offer made
and all Contracts concluded between the Entrepreneur and
the Consumer.
General

ARTICLE 3 – The offer
1. The Entrepreneur’s offer shall preferably be made in writing or electronically
and – if a term for acceptance has been set – shall be effective
during the term indicated therein.
2. The offer will in any case include:
a. the description of the Product with any accessories
b. the price of the Product with the indication of whether the price is a fixed or a
non-fixed agreed price
c. the delivery date and whether this date is a fixed or presumed
delivery date

ARTICLE 4 – The Price
1. The price to be paid by the Consumer will be agreed in advance, unless
parties expressly agree otherwise. If a non-fixed price is agreed
the Entrepreneur will indicate as accurately as possible on which
factors the amount of the price will depend.
2. If within three months after the conclusion of the Agreement, but still before
the delivery, with regard to a price agreed as fixed, a
change occurs, this change will not affect the agreed
price. The Consumer is entitled to dissolve the Agreement
if after three months after the conclusion of the Agreement, but before the
delivery, the price is increased.
3. The second paragraph does not apply to price changes resulting from the law
.

ARTICLE 5 – The Agreement
1. The Agreement is established by acceptance of the offer of the
Entrepreneur.
2. The acceptance of the offer by the Consumer is only valid if
it takes place within the stipulated period. As long as the receipt of an
electronic acceptance has not been confirmed by the Entrepreneur, the
Consumer can dissolve the Agreement.
3. The Agreement should preferably be recorded in writing or electronically
. A copy
of a written Agreement must be provided to the Consumer. However, the absence of a written
or electronically recorded Agreement does not make this Agreement
void.

ARTICLE 6 – Payment
1. Payment shall be made a cash on delivery, unless otherwise agreed.
2. If payment in instalments has been agreed, the Consumer must pay
according to the instalments and percentages as set out in the Agreement
.
3. When purchasing, the Entrepreneur has the right to require the Consumer to pay in advance
no more than 30 percent of the price.

ARTICLE 7 – Delivery and delivery time
1. Delivery takes place by placing the Product in the Consumer’s possession.
2. Delivery time means the term agreed in the Agreement.
Parties may agree on a fixed or probable delivery time.
3. If the presumed delivery time is exceeded, the Contractor
will still be given a certain period of time to deliver. This new delivery time amounts
at most 50% of the presumed delivery time, unless the Consumer in all
reasonableness cannot be held to this new delivery time or the parties
agree otherwise (preferably in writing).
4. If this new delivery time or the fixed agreed
delivery time is exceeded, the Consumer is entitled – while retaining his right to
performance – to rescind the
Agreement without notice of default or judicial intervention and/or to claim damages.

ARTICLE 8 – Retention of title and transfer
The Contractor remains the owner of the Product as long as the Consumer has not fully
fulfilled his payment obligations, including that which he may become due in
connection with the failure to fulfill his obligations
(in accordance with article 12 paragraph 2 of these general terms and conditions).

ARTICLE 9 – Conformity
1. The Contractor guarantees that the Product delivered complies with the
Agreement (conformity). The Contractor also guarantees that
the Product possesses those properties which, taking all circumstances into account
are necessary for normal use, as well as for a special
use insofar as this has been agreed.
2. The Contractor warrants that the work it performs
complies with the Agreement and is performed with good
workmanship and using sound materials.
3. Minor deviations from the design, sample and model cannot be held against the Contractor
.

ARTICLE 10 – Guarantees
1. In the case of purchase/sale and manufacture
of jewelry, the Entrepreneur guarantees for a period of six months the absence of
defects that manifest themselves after delivery. In the case of repairs
the Entrepreneur guarantees for a period of three months the
absence of defects, unless otherwise agreed in writing,
insofar as they relate to the
parts repaired/replaced by him. The Consumer is entitled to free replacement of defective
parts within a reasonable time. In addition, the Consumer is entitled to
free repair, compensation, price reduction and dissolution of the
Agreement as granted to him by law.
2The Entrepreneur is not responsible for defects that have arisen after delivery of the
Products as a result of inexpert use or lack of
care on the part of the Consumer, or that are the result of changes
that the Consumer or third parties have made to the Product.
Nor is the Entrepreneur responsible for any damage that has arisen as
a result of these defects.
3. The Consumer fully retains his statutory warranty rights, independent of
what is provided in paragraphs 1 and 2 regarding the
commercial warranty issued by the Operator.

ARTICLE 11 – Non-performance of the Agreement
1. If one of the parties fails to perform an obligation under the Contract
the other party may suspend the performance of the corresponding obligation
. In the event of partial or improper fulfillment, suspension
is only permitted to the extent justified by the breach.
2. The Entrepreneur has the right of retention (right of retention), if the
Consumer fails to meet a due and payable obligation,
unless the failure does not justify such retention.
3. If one of the parties fails to perform the Contract, the other party
is entitled to rescind the Contract, unless the failure, in view of its
minor significance, does not justify rescission.

ARTICLE 12 – Late payment and establishment of security
1. The Consumer is in default from the expiration of the payment date. The
Entrepreneur sends a payment reminder
after that date has passed and gives the Consumer the opportunity to pay within 14 days after receiving
this payment reminder.
2. If, after the expiration of the deadline set in the payment reminder,
still has not been paid, the Entrepreneur shall be entitled to charge the legal interest in
from the expiration of the payment date, as well as
the reasonable collection costs and the costs of insurance and storage of the
relevant Product.
3. The Consumer who surrenders a Product to the Contractor in performance of
an Agreement thereby establishes a possessory pledge on this Product in favor
of the Contractor as additional security for payment of all that he
owes or will owe to the Contractor.
4. If, one year after the payment date, the Consumer does not
fully fulfilled his payment obligations regarding the repair, maintenance,
design or manufacture of a Product to the Contractor,
the Contractor has the right to terminate the Agreement and proceed to public
sale of the pledged item, unless the Consumer has filed a complaint as described in
article 17 within
the aforementioned period. The Contractor shall notify the Consumer;
a. if and insofar as the address details of the Consumer are known,
twice by registered letter (at intervals of at least three
months) or
b. if and insofar as the address details of the Consumer are not known
or if the first registered letter has not reached the Consumer for whatever
reason, by means of a publication in a national or regional
newspaper, summon the Consumer to still pay and announce to proceed with the public
sale of the Product if he remains in default, after
the term specified therein has expired.
5. The public sale may be replaced by a private sale,
if the expected cost of public sale will exceed
the estimated proceeds of the Products. If the proceeds of the sale
of the pledged Product exceed the claims of the Entrepreneur
the surplus shall, if possible, be made available to the Consumer.

ARTICLE 13 – Liability
1. The Entrepreneur is liable to the Consumer for damage that is the
result of a shortcoming that is attributable to the Entrepreneur or
for his risk, to persons in his service, or to persons who
have been appointed by him for the performance of the work assigned by
the Consumer.
2. The amount for which the Entrepreneur can be held liable by the
Consumer for Products in his possession is limited to
€ 12,500 per Product or as much more as the liability insurance policies taken out by the Entrepreneur
cover, except in cases involving
intent, gross negligence or the purchase of a Product.
3. The Entrepreneur informs the Consumer of the limited liability of
the Entrepreneur in the event of repair and of the possibility of taking out additional
insurance, unless it is clear that the value of the Product
does not exceed the maximum amount for liability. The Consumer
should inform the Entrepreneur as fully as possible around the specifications
of the Product.
4. The Entrepreneur does not have to compensate any damage to the Consumer that
is the result of force majeure, such as, among other things, damage resulting from a
robbery, burglary, shoplifting or fire and/or when the Consumer’s contents or
valuables insurance policy covers the damage. Any
further payouts from damage insurance policies to the Entrepreneur that pertain to
damage to a Consumer’s Product will be paid by the Entrepreneur to
this Consumer.
5. Emotional and/or immaterial damage never qualifies for compensation in
.
6. The Consumer is liable to the Entrepreneur for damage caused
by a shortcoming attributable to him.
Remote Agreement

ARTICLE 14 – Additional Provisions for a Distance Contract

1. Before entering into the Distance Contract, the Entrepreneur
must provide the following information
to the Consumer in a clear and comprehensible manner:
a. the identity and geographical address of the Entrepreneur;
b. the main characteristics of the Products;
c. the price, including VAT, of the Products;
d. any costs of delivery;
e. the method of payment, delivery and performance;
f. whether or not the cooling-off period of 7 working days applies to
the Distance Contract;
g. the period for accepting the offer.
2. In addition to article 5 paragraph 2, the Consumer can terminate the Distance Contract
as long as the receipt of an electronic acceptance is not
confirmed by the Entrepreneur.
3. The Entrepreneur has a maximum delivery period of 30 days, counting
from the day following the day on which the Consumer placed his order.
If this period is exceeded, the Consumer has the right to terminate the
Distance Contract without further notice, unless
the delay cannot be attributed to the Entrepreneur. The Consumer and
the Entrepreneur may agree on a different period.
4. The Consumer, when the cooling-off period applies to this Distance Agreement
, has the right during 7 working days to dissolve the Distance Agreement
without giving reasons.
5. If the Products are not available, the Entrepreneur must inform the
Consumer of this as soon as possible and refund any
(purchase) payment within 30 days at the latest, without prejudice to any
rights to compensation. When the Consumer and the Trader have
agreed that a Product of equal quality and price may
be delivered, the costs of returning the Product shall be borne by the Trader.
This applies only in the event that the Consumer makes use
of the dissolution during the cooling-off period. The Entrepreneur must inform the Consumer
of this in a clear and comprehensible manner.
6. In a timely manner upon fulfillment and at the latest upon delivery, the Entrepreneur
provides the Consumer with the following information:
a. the information listed under a through g in paragraph 1 of this article;
b. in writing the requirements for exercising the right of rescission
of the Remote Agreement and any associated
financing during the 7 business day reflection period, which includes in any case
is mentioned:
I the starting time and duration of the reflection period that the Consumer
may be at your disposal;
II that in case of making use of the cooling-off period, a maximum of the costs of
return shipping and delivery costs shall be borne by the Consumer;
III the information about the rescission of the loan if the Consumer has the
finances purchase price with a loan from the Entrepreneur or from a third party
under an Agreement between the Contractor and that third party;
IV the visiting address of the Contractor’s office;
V the details of any warranty and after-sales service;
VI the requirements for terminating the Agreement if the Agreement
has a duration of more than one year or an indefinite duration.
7. If the Entrepreneur has not fulfilled his duty to provide information or has not provided
data in the correct form, the period of the
reflection period will be a maximum of 3 months and 7 working days. If the Entrepreneur
still complies with the obligation to provide information during these 3 months, the 7 working days’ period will start the day after
he has complied with this obligation.
8. Return shipping is at the expense and risk of the Consumer. The Entrepreneur
may not charge any other costs
upon dissolution of the Agreement.
Repair, maintenance, design and
manufacture

ARTICLE 15 – Additional Provisions for Repair,
maintenance, design and manufacture
If there is an Agreement for repair, maintenance, design and
manufacture of Products, the following shall apply:
1. The Consumer may before or at the conclusion of the Agreement require a statement
of the guide price of the work, as well as the period
within which the work will be carried out. The stated
price and term are guidelines, unless the Consumer and the Entrepreneur have agreed on a
fixed price and/or term.
2. The Entrepreneur shall take care of recording the telephone number and
the address details of the Consumer.
3. The Trader must contact the Consumer in order to discuss the
additional costs if:
a. the guide price of a Product exceeds € 100 and is exceeded or is likely to be exceeded by more than
10%, or
b. the guide price of a Product does not exceed € 100 and is exceeded or is likely to be exceeded by more
than
€ 20.
4. In such a case, if this price increase occurs within
three months after the conclusion of the Agreement, the Consumer is entitled to terminate the
Agreement by compensating the Contractor
for the work already reasonably performed by him.
5. An itemized
account of the work performed shall be issued upon request.

ARTICLE 16 – Intellectual property
The designs, drawings,
calculations, descriptions, models and other deliverables produced or provided by an Entrepreneur and eligible for
consideration remain the intellectual property of the
Entrepreneur and/or the designer. Reproduction or publication of
the aforementioned goods and/or Products, without the prior consent of the
Entrepreneur, is not permitted.
Complaints and disputes

ARTICLE 17 – Complaints and mediation scheme
1. Complaints about the performance of the Agreement must be fully and clearly
described, submitted in writing to the Entrepreneur in a timely manner after the
Consumer has discovered the defects. Failure to submit the complaint on time may
result in the Consumer losing his rights in this regard.
2. I n case the complaint handling by the Entrepreneur has not led to a
satisfactory result for the Consumer, the Consumer may, at his choice, subsequently submit his
complaint within 6 weeks after the dispute arose
to the Mediation Office Jewellery and Timepieces, P.O. Box 904, 2270 AX
Voorburg, tel. 070 386 62 48 for a mediation attempt or submit his dispute
to the Disputes Committee (see article 18). If the complaint
has been submitted to the Mediation Office and also the mediation attempt
has not led to a satisfactory result for the Consumer,
the Consumer may still submit his dispute to the Disputes Committee
within 6 weeks after it has become apparent that the mediation attempt has not led to a
solution.

ARTICLE 18 – Dispute resolution
1.
Disputes between Consumers and the Entrepreneur about the conclusion or
performance of Contracts relating to services and/or Products delivered or to be delivered by this Entrepreneur
may be brought before the
Geschillencommissie Sieraden en Uurwerken, Bordewijklaan 46, PO Box
90600, 2509 LP Den Haag (www.degeschillencommissie.nl).
2. A dispute will only be considered by the Disputes Committee,
if the consumer has first submitted his complaint to the entrepreneur
and then possibly to the mediation agency. A
dispute arises if the consumer’s complaint has not been satisfactorily resolved by
the entrepreneur and/or through the mediation attempt of the mediation agency
Jewelry and Timepieces.
3. If mediation has not been used, the dispute must be brought before the Disputes Committee no later than three
months after it has arisen.

4. When the Consumer brings a dispute before the Disputes Committee,
the Entrepreneur is bound by this choice. If the Trader
wishes to bring a dispute before the Disputes Committee, he must ask the
Consumer to state within five weeks whether he agrees to this
. The Entrepreneur must thereby announce that after the
expiry of the aforementioned period he will consider himself free to bring the dispute before the court
.
5. The Disputes Committee pronounces its judgment with due observance of the provisions
of the regulations applicable to it. The decisions of the Disputes Committee
are made by way of a binding advice pursuant to those regulations
The regulations will be sent upon request. A fee is payable for the handling of a
dispute.
6. Only the court or the above mentioned Disputes Committee
is authorized to take cognizance of disputes.

ARTICLE 19A – NJU Compliance Guarantee
1. The NJU guarantees that the Entrepreneur, a member of the NJU, will comply with the binding
advice within two months of its dispatch, unless the Entrepreneur
during that time decides to submit the binding advice to the court
for review. The NJU’s guarantee shall revive if the binding
opinion has been upheld after judicial review and the judgment showing
that has become final.
2. The NJU shall pay the consumer an amount per binding opinion up to
a maximum of € 10,000. For amounts greater than € 10,000.00 per binding opinion,
the maximum amount shall be paid and the NJU shall offer the consumer to
assign his claim to the NJU for the excess. The NJU will
then seek payment thereof in its own name in law for satisfaction
to the consumer.
3. The NJU does not provide a performance bond if, before for the benefit of
the handling of the dispute by the consumer the formal intake requirements laid down for that purpose have been met
(payment of complaint fee, return of
completed and signed questionnaire and possible deposit),
one of the following situations is involved:
– the member has been granted suspension of payment;
– the member has been declared bankrupt
– the member’s business activities have effectively been terminated. Decisive for
this situation is the date on which the business termination is registered in the Trade Register
or an earlier date, of which the NJU can make plausible
that the business activities have actually ended.

ARTICLE 19B – Compliance guarantee VGZ
The members of the VGZ must provide a guarantee at the first request to the satisfaction of the Foundation
in the form of a sum of money for each dispute to be dealt with, either by providing a bank guarantee in accordance with the Foundation’s
model or by paying such an amount to the Foundation
that can serve to the satisfaction of the Foundation as security for compliance
with the Committee’s ruling(s). Failure to do so will result in the
VGZ terminating the entrepreneur’s membership of the VGZ at the Foundation’s first request with immediate
effect.
The handling of the dispute may be discontinued in the absence of the entrepreneur providing
security for compliance
with the rulings.
Final provisions

ARTICLE 20 – Deviation
Individual deviations from these General Terms and Conditions must be recorded in writing or
or electronically between the Entrepreneur and the Consumer.

ARTICLE 21 – Amendment
The NJU/VGZ industry associations will only
amend these General Terms and Conditions in consultation with the Consumers’ Association.

ARTICLE 22 – Contractual Application to Non
Consumers
1. All provisions contained in these General Terms and Conditions apply
mutatis mutandis to natural and/or legal persons who
act in the exercise of a profession or business and enter into an Agreement with the Contractor
concerning a Product, subject to articles
4 paragraph 2, 17, 18 and 19.
2. The provisions as included in these General Terms and Conditions do not
apply to business counterparties. By business counterparty must be understood
, a natural person or legal entity acting
in the exercise of a profession or business and in that function supplies the Entrepreneur
and/or delivers and/or purchases Products for resale and/or
delivery (business-to-business).
These General Terms and Conditions of the NJU/VGZ have been drawn up in
consultation with the Consumers’ Association within the framework of the Coordination Group
Self-Regulation Consultation of the Social and Economic Council and shall enter into force
on 1 January 2011.