Terms and Conditions

Privacy Policy

Couleurs de Geraldine (“CdG”, “we”, “us”, “our”) takes the security and privacy of your personal information very seriously. This Privacy Policy, taken together with our Terms of Use and General Conditions of Sale (and any other documents referred to in them) constitute CdG’s ‘Terms and Conditions’ and govern all interaction between CdG and users of the ‘Website’.  Capitalized terms which are not defined in this Privacy Policy shall have the meanings ascribed to them elsewhere in the Terms and Conditions.

This policy describes the personal information we collect about our customers and other visitors to the Website (“Customer”, “you”, “your”), why we collect it, how we use it, and when we share it with third parties.  This policy also explains our use of cookies, and describes the choices you can make about how we collect and use certain information.  All processing of your personal data will be in accordance with the applicable data protection legislation for the purposes for which the information was submitted. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.  If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears on this policy.

This Website may, from time to time, contain links to and from the websites of third parties.  Prior to following a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. However, we will not process your personal data, without your consent, for any purposes other than those which were originally given or which are incompatible with that purpose for which the data was originally collected.

If you have any questions about your privacy or security on our Website, please contact us at customerservice@cdgstyle.com.


Information We Collect
We sometimes ask you for certain kinds of personal information to provide the services we offer. By providing your personal information, you are authorizing us to store and use your information. This information includes:

  • Your name, billing, email and shipping addresses, contact numbers and payment card information in order to process your purchase, confirm your order and ship the items to you.
  • Your contact information to communicate with you about our products, services, surveys and promotions.
  • Information that you provide by filling in forms on the Website including registering to use the Website, creating an account with us, posting material or requesting further services.
  • If you contact us, we may keep a record of that conversation or correspondence and may ask for additional contact and payment information.
  • Details of transactions you carry out through the Website and of the fulfilment of your orders.
  • Details of your visits to this Website including traffic data, location data, weblogs and other communication data and the resources that you access.

Additionally, you have the opportunity to create a personal shopping account with CdG, which allows you to shop faster and easier. Using a user name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize us to store your name and email address.  You may include your telephone number, payment card information, and shipping and billing addresses in your “My Account”.  If you choose to include such additional information then you are also authorising us to store such information accordingly. These options are for your convenience only.  Through the “My Account” feature, you may create a Wish List of products you want and share the items on your list by copying and pasting the URL.

Where we store your personal data
The data that we collect from you may be transferred to, and stored in The Netherlands (server location) and/or other destinations within or outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to see that your data is treated securely and in accordance with this Policy.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we strive to protect your personal data, we cannot guarantee the security of your data transmitted to the Website:  Any transmission is at your own risk.

Use of the information
We use the information we collect from our customers for various purposes, including:

  • To process transactions upon their request.
  • To improve our Website, Customer’s shopping experience and our quality of service.
  • To provide you with information, products or services that you request from us.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of the Website if you so choose.
  • To notify you about changes to our service.
  • To prevent and detect fraud and abuse.
  • To enable our service providers to perform certain activities on our behalf.
  • To comply with our legal obligations, policies and procedures and for internal administrative and analytical purposes.
  • To ensure that content from the Website is presented in the most effective manner for you and for your computer.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of this website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Disclosure of your information
We may disclose your personal data to third parties:

  • Who help us administer the Website (such as Internet service providers) or to assist in providing the services or products you are requesting;
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, provided that we have contractually required that this information is kept private and secure and that when supplying this personal data we comply with the applicable local laws
  • If CdG or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our “Terms & Conditions” and other agreements; or to protect the rights, property, or safety of CdG or others. This includes exchanging information with other companies/organizations for the purposes of fraud protection and credit risk reduction.

Your rights
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent or end such processing by checking certain boxes on the forms we use to collect your data.

You have the right to receive information about which personal data concerning you is processed and in which manner the data is processed. You are also entitled to request correction or deletion of your personal data, or to withdraw at any time your consent to our use or processing.  Any such requests should be made in writing to customerservice@cdgstyle.com.

You have the right not to consent to our use of certain cookies. Please see the section below on cookies for more information on this.

Cookies Policy
Like many websites, we use “cookies”, which are files stored on your computer’s hard drive by your browser. Cookies help us to identify account holders, to improve our Website and to deliver a better and more customized service. They enable us:

  • To estimate usage numbers and patterns
  • To store information about your preferences
  • To customize our website according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our website.

Most browsers accept cookies automatically but allow you to disable them. The help menu on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete cookies you have previously accepted, if you wish.

Some cookies that are required for the operation of our Website and for you to be able to complete services you request, such as online purchases. For example, these include cookies that enable you to log into secure areas of our website, to use a shopping cart or to make use of e-billing services. Some of our cookies are provided by third parties and are subject to their Privacy Policies  The data that they collect may be transferred to, and stored at, a destination outside the EEA.  By accepting their cookies, you agree to this transfer, storing or processing.

We recommend that you leave cookies “turned on” so that we can offer you a better experience on this website. If you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access parts of our site.

General Conditions of Sale

All purchases from CdG through the Website are made pursuant to these General Conditions of Sale, the Terms of Use and the Privacy Policy (collectively, the “Terms and Conditions”).  By accessing the Website or placing an order with us you are accepting the Terms and Conditions. If you do not accept the Terms and Conditions in full, you do not have permission to access this Website and should cease using it immediately. Capitalized terms which are not defined in these General Conditions of Sale shall have the meanings given to them elsewhere in the Terms and Conditions.

The Terms and Conditions can only be varied by changes made by CdG on the Website. In particular, nothing said by any representative of CdG will operate as a variation to the Terms and Conditions or constitutes a legal representation on behalf of CdG.

Offer and Acceptance:
Presentation of Items in the Web Boutique is not an offer or a commitment to sell.   After selecting an Item, the Customer may make an offer to purchase it through the Website’s checkout page or by contacting CdG directly. At that time the Customer will submit information to CdG for payment of the Purchase Price. The “Purchase Price” includes (i) the agreed price of the Item; (ii) any shipping, handling and insurance fees; and (iii) any taxes or levies that CdG is required to collect from the Customer, including sales taxes, value added taxes and import or luxury duties (“Taxes”).  A Customer’s order is an offer, not a binding contract of sale with CdG.

Sale Confirmation:
Your offer is not a contract until CdG has accepted your offer and received payment (or authorization for payment). At that point, a confirmation email (the “Sale Confirmation”) is sent to the Customer and CdG agrees to sell the Item for the Purchase Price.  Please note that we must receive full payment for an order before it can be confirmed.

Payment of Purchase Price:
The entire Purchase Price is due upon acceptance and confirmation of an order.  Prior to issuing a Sale Confirmation, we will request an authorization to charge the entire Purchase Price to Customer’s credit card (or other means of payment).  By providing payment information, you irrevocably authorize CdG to charge your credit card (or other means of payment) for the total Purchase Price upon issuance of the Sale Confirmation.

Website Availability and Amendment:
We reserve the right at any time in our sole discretion:  to withdraw any Item from the Website; to amend any content on the Website (including prices and the Terms and Conditions); or to cease making any portion of the Website available. Under no circumstances will CdG be liable to any person for any damages due to the foregoing acts or events.

Jewelry description, Errors:
Because CdG jewelry is unique and hand-made, the models displayed on the Website may not always be available.

Our jewelry is described with reasonable care on the Website and the description is sufficiently detailed to allow the Customer to evaluate the products. While we make every effort to ensure the colors you see on the Website correspond to the actual jewelry, the colors may not always be exactly the same.

Technical glitches, service interruptions or human error may cause mistakes or inaccuracies on the Website.  CdG has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.  We are not responsible for typographical errors and if an error has occurred in spite of our precautions, we may cancel an order.

Right of Withdrawal:
If you are a Customer in an EU member state, you may have a right to cancel an on-line or web transaction under certain circumstances.  Please see ‘Satisfaction Promise’ below.

Taxes and Import/Export Duties:
The Customer is entirely responsible for paying all Taxes.   For more information about taxes and duties, please see ‘Duties and Taxes’ below. 

Import/Export Restrictions:
We cannot guarantee that the sale and delivery of an Item to a particular country is permissible, so please be aware of relevant import restrictions. We make no representation or warranty nor shall have any liability in respect of any requirement for or the issuance of export or import permits.  The Website will not constitute the basis for any contract with us in any location where our solicitation of interest or the offering for sale of a product would violate any laws. You should not seek to make any order from a place where it would be illegal for us to sell any product.  

Transfer of Title/Risk of Loss:
CdG is the sole owner of each item displayed for sale on the Website.  Title for Items purchased from the Web Boutique (along with the risk of loss and/or damage) passes to the Customer upon receipt of the Item by (or on behalf of) the Customer.

Shipping:
Your CdG jewelry will be delivered to you in a discreet box by trusted courier or postal service.  We will exercise a commercially reasonable standard of care when executing orders and shipments and will ship confirmed orders as soon as possible.  We aim to ship Items which are in stock within two working days of receiving full payment and sending the Sale Confirmation.  For special orders and pieces which are custom-made or engraved, the average time from Sale Confirmation to shipping is 30 days.  It may take several weeks before we can estimate an actual shipping date.  In any case, you will be notified by email as soon as your Item has shipped.  Where delivery times and dates are given, they are for general guidance only and we will not be liable for late delivery of your jewelry.

Orders will be shipped to the address designated by the Customer as long as that shipping address is compliant with the Terms and Conditions.  Most shipments will require a signature for delivery.  We do not deliver to Post Office boxes.

Shipping Charges:
Shipping charges vary depending on the size, weight, value, destination and shipping method or speed.  We are pleased to offer free shipping for the following orders:

To the Netherlands, Belgium and Luxembourg:  Free standard shipping on all orders over €500.

To other EU countries: Free standard shipping on all orders over € 1500.

To other destinations: Please contact us for more information

Shipping costs (including eligibility for free shipping) are calculated during checkout and are shown before you complete your purchase. Our shipping costs include shipping, insurance and CdG handling. Please note that shipping options and costs may be vary widely from country to country.

Prices:
The prices payable for Items that you order are as set out in the Website.  Our prices are in Euros.  If you purchase in another currency, foreign exchange fluctuations and credit card charges may make a difference to the amount billed on your credit card. We reserve the right to change prices and specifications at any time and without prior notification.

Payments:
CdG accepts a range of methods of payment (which may vary from country to country).  We accept the following credit and debit cards: Visa, Mastercard and Maestro.  You may also pay us by bank transfer, via PayPal or iDeal.  We do not accept personal checks.  We reserve the right to refuse or cancel any transaction which we believe may be fraudulent or an attempted fraud.

If a Customer cancels or otherwise fails to make any payment to us, the Customer shall remain liable to us for the full Purchase Price and any costs related to the purchase of the Item (including to Taxes, storage and handling fees and any costs related to collecting any amount due to CdG).  In the event of a Customer’s default, CdG reserves the right to retain any payments made by Customer prior to default and to cancel the sale of the Item without any further obligation to Customer. The Customer acknowledges and agrees that in the event of a Customer’s default, damages will be difficult to prove and that the paid amount is reasonable compensation to us for damages suffered, constitutes liquidated damages and not a penalty.

Duties and Taxes:
If the delivery address of your item is within the EU, you will pay Netherlands sales tax (BTW), currently set at 21%. BTW is included in the prices shown on the Website.  

Import taxes for Customers outside of the EU:
You may have to pay import taxes and/or customs duties to ship your jewelry to your home outside the EU. You may also be required to pay a handling fee for the shipment.  These charges are separate from your shipping charge and you will be billed directly for them by a handling agent and/or the customs authorities.  

CdG cannot be liable for any local import duties and taxes imposed.  While we will charge you for any Taxes that we are required to collect, our failure to collect any such Taxes will not relieve your obligation to pay them.  You are responsible for all Taxes payable upon import or export of Items you purchase.

Please contact your local customs office for advice on import taxes on goods from The Netherlands. Please be aware that Customs regulations differ by country and not knowing these regulations can result in high import duties, delayed delivery or returned packages.

Our Complete Satisfaction Promise

Couleurs de Geraldine is committed to making your online shopping experience a success and we hope that you will be delighted with your jewelry.  If you are not completely satisfied with your purchase from the Website, we will accept returns of eligible Items for exchange or refund as described below.

The Satisfaction Promise:
Subject to the exceptions described below, a Customer may return any unworn, undamaged merchandise purchased through the Website within 14 days of delivery to (or on behalf of) Customer (the “Evaluation Period”) for a full refund of the purchase price or an exchange (the “Satisfaction Promise”). The Satisfaction Promise complies with national and EU law regarding cancellation of online purchases.

Satisfaction Promise Conditions:
To benefit from the Satisfaction Promise:

  • The jewelry must have been purchased through the Website and shipped to the Customer.
  • During the Evaluation Period, you must handle the jewelry and packaging with care and may only unpack or use the Items to the extent necessary to judge whether to keep the jewelry.  If the value of the returned jewelry diminishes due to your handling, the Satisfaction Promise may no longer apply.
  • You must inform us in writing of your wish to return an order before the end of the Evaluation Period.
  • An Item must be returned in perfect condition, unworn and undamaged, with security tag intact and attached.  The Item must be in its original packaging, and include all accessories, certificates, security tags and anything else that came with the Item.
  • Jewelry which is made to order, customized or engraved is made especially for you. Because of this, these pieces are not eligible for return, unless the Item is damaged or defective upon delivery.  Please note that most Couleurs de Geraldine jewelry is custom made, crafted exactly as you want it to be.  Your Sale Confirmation will indicate any Items which are ineligible for return.
  • For reasons of hygiene, we are unable to offer exchanges or returns on earrings for pierced ears.

Costs on Returning an Item:
The Customer is responsible for the costs of returning an Item to CdG and must send the Items back following CdG’s instructions.  Jewelry purchased online may be returned by mail or in person to an authorized representative of CdG.   If returned by mail, you will need to pay for return shipping and insurance.  Please also see ‘Returning an Item’ below.

Exchanges:
If you wish to exchange an item, please contact us at customerservice@cdgstyle.com and we will attempt to accommodate your request.  Any exchanges must be for Items of equal or greater value.  If the value of the Item(s) that you wish to receive exceeds the value of your returned item(s), you will be charged the difference.

In the case of an exchange, we will ship the replacement Item to you as soon as possible after the original Item is delivered back to us.  Please remember that most of our jewelry is custom made, and an exchange may take several weeks.

Cancellations:
If you realize you made a mistake and want to cancel your order before it has shipped, please contact us and we will try to accommodate your request.

Delayed Delivery:
If your order hasn’t arrived after 7 working days from your receipt of an email confirming shipment, please contact customerservice@cdgstyle.com and we will investigate as rapidly as possible.   If your delivery has been delayed or cannot be filled, you will be informed within one month after Sale Confirmation.

Delivery of Defective or Damaged Items:
In the unlikely event that there is a fault with your jewelry and you receive an Item that is defective, damaged or not what you ordered, please contact us and Customer Service will work with you to resolve any issues as quickly as possible.  In any event, you agree to check your order for damage or defects immediately upon receipt and to submit any complaints to CdG in writing within 7 days after your receipt of the Item.  We will reply to any complaint within 14 days.  In the case of justified claims, we will either replace the Item, repair the defect or return the purchase price, at our sole discretion.

Please remember that specifications, models and pictures with regard to the products are indications and that minor discrepancies with the delivered Item cannot give ground to justified claims of defect.

The faulty Item will need to be returned to us according to ‘Returning an Item’ below.  Jewelry damaged due to customer abuse or negligence cannot be accepted for return.

Warranty:
Couleurs de Geraldine jewelry should be enjoyed for generations to come, so every piece is crafted with fine attention to detail.  For your peace of mind, all our jewelry is covered by a two year ‘repair or replace’ warranty.  The warranty covers defects in craftsmanship or material which exist at the time of delivery to you and which become apparent within 2 years of your receipt of the jewelry.  However, you must inform CdG within 2 months of discovering a defect.  And in the case of a warranty claim six months or more after delivery of an Item, you must prove that the defect already existed at the time you received the jewelry.  The warranty does not cover damage arising from daily wear, use or mishandling.  The warranty is generally void if unauthorized repairs have been performed.

If you require repairs under warranty, please report your problem to customerservice@cdgstyle.com to arrange for us to view the jewelry.  We will check the jewelry and determine whether the issue is covered by warranty.  If so, the piece will be sent for repair.   If we do not believe the warranty applies, we will inform you in writing as soon as possible. Please note that repair or replacement may take 4 weeks or more, depending on the nature of the issue.

Refunds:  Refunds will be made as soon as possible upon receiving your returned Item. For your refund to be processed, please allow 3 – 4 weeks after shipping an Item back to us.   Shipping & handling fees are non-refundable, except for defective or wrongly shipped items.

In all cases, refunds will be made in the form of the original payment.  Depending on the original means of payment, the refunded amount may vary due to credit card charges or currency fluctuation.

Returning an Item:
If you wish to return jewelry to us, please first contact customerservice @cdgstyle.com and follow their instructions.  Except in cases where the Item is faulty, you will be required to arrange and pay for the return of the jewelry to us. Jewelry purchased online may be returned by mail or in person to an authorized representative of CdG.

When you return an Item, please ensure you enclose your name, address, contact information, your original order number and whether you require a refund, repair or an exchange. Pack the items back in the original packaging and send it to our address set out below.  We strongly recommend that you insure any order you send back to us and use registered mail or a reliable courier service.  We are not responsible for Items lost, stolen, broken, or damaged during the return process.

Any Item which you return to us (whether for refund, repair, exchange or under the Satisfaction Promise) must be returned in perfect condition, unworn and undamaged, with security tag intact and attached.  The Item must be returned in its original packaging, and include all accessories, certificates, security tags and anything else that came with the Item.

If there are any problems with your return, a member of our Customer Service team will contact you.

Terms of Use

Cdgstyle.com, cdgstyle.nl, bycdg.com and related websites, services, applications, and tools (each and collectively, the “Website”) are owned and operated by Couleurs de Geraldine and affiliated parties (“CdG”, “Couleurs de Geraldine”, “we”, “us”, “our”).

These Terms of Use (the “Terms”) along with our Privacy Policy, General Conditions of Sale and any other documents referred to therein, constitute CdG’s Terms and Conditions (the “Terms and Conditions”) and govern all interaction between CdG and users of the Website (“User”, “Customer”, “you”, “your”).

Please read the Terms and Conditions carefully before using the Website. By accessing the Website, you assent to and agree to be bound by the Terms and Conditions. If you do not accept and agree to the Terms and Conditions, you may not use the Website.

CdG may revise the Terms and Conditions without notice to you at any time by updating this posting.  You are bound by any such revisions and should periodically visit this page to review the current Terms and Conditions.

If you have any questions about the Terms and Conditions, please email customerservice @cdgstyle.com.

User Agreement
You must be 18 years of age or older to use the Website. The Website is not directed at persons under the age of 18 and does not knowingly collect information from such persons. The Website is designed for persons with experience with, and who are accustomed to, buying jewelry, art and related items (“Items”) based on photographs and you represent having such experience.

We expressly reserve the right to terminate or to refuse to permit the use of the Website by any person or entity, at our sole discretion, for any reason or no reason at all, and without prior notice.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property (“Intellectual Property”) in any manner.  We do not grant any license or other authorization to use any Intellectual Property by including such Intellectual Property on the Website.

The Website may be used only for lawful purposes and in a lawful manner.  You agree to comply with all applicable laws, rules and regulations in connection with use of the Website (including those regarding the transmission of data exported from the country in which you reside as well as the restrictions on import or export of Items from our country to your country).

We reserve the right to interrupt or discontinue any or all of the functionalities of the Website. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any functionality of the Website.

Registration may be required in order to create an account on the Website.  Registrants may be required to provide certain information and to select a password to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Customers may voluntarily provide additional information to personalize their accounts. Customers may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Website.

Customers may cancel their registration and account at any time. For your security, requests to terminate accounts must originate from the registered email account at CdG addressed to customersupport@cdgstyle.com. A cancellation request received from another source (including by phone or from another address) will not be accepted.

Purpose and content of Website
All information and materials on the Website are presented solely to provide general information on, and to promote products of CdG.  Such information and materials do not constitute offers for our jewelry, nor do they constitute advice or instructions on its use.

We always try to provide complete, accurate, up-to-date information on the Website. However, errors may occur and as a result, the Website may contain technical or typographical mistakes, inaccuracies, or omissions (some of which may relate to pricing and availability) and some information may not be complete or current. We reserve the right to make changes, corrections and/or improvements to the Website (including after an order has been submitted) and to change or update information at any time without prior notice.

By using the Website, you acknowledge that you assume full responsibility for all costs associated with any servicing or repairs of any equipment you use in connection with the Website. We are also not liable for any damages associated with your use of the Website.  If you are not satisfied with the Website, then please email us with your comments. However, your only legal recourse is to stop using the Website. 

Links to and from other websites
We have no control over and do not endorse any of the third party websites to which this Website may be linked (“Linked Sites”).  We do not make any representations or warranties about any Linked Site and have no control over, or responsibility for, their information or activities.  You acknowledge that we are not responsible for any of the content or materials on any off-site pages or any Linked Sites. Responsibility for access to off-site pages and Linked Sites rests solely with you.   In no event shall we be liable, directly or indirectly, for any loss or damage arising from or related to any use of Linked Sites or any information or material accessed through Linked Sites.

Our written permission is required for anyone to create any type of link to the Website. We reserve the right, at our sole discretion, to deny any request or rescind any such permission and to add, change, decline or remove, without notice, any feature or link and/or introduce different features or links to different users.

Please note that our privacy practices may differ from those of a Linked Site. If you provide personal information at a Linked Site, you are subject to the privacy policy of the operator of that website, not our Terms and Conditions. Please make sure you understand the Linked Website’s privacy policy before providing personal information.

Privacy
We care about your privacy and the protection of your personal data. For more information, please read our Privacy Policy, which is an integral part of the Terms and Conditions.

Intellectual Property Ownership & Use
Please be aware that your use of the Website is subject to applicable laws governing ownership, use and protection of Intellectual Property.  The Website, together with any information, features, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, titles, graphics, words or phrases as well as all software contained in this Website and their selection, layout and arrangement (collectively, the “Content”), are subject to legal protection, in particular copyright, trademark, trade dress and/or design rights held by CdG, Geraldine van Amerom, Evert Nooter, its or their affiliates, with all rights reserved.

The Website and the Content are intended solely for your personal, non-commercial use.  You may download or copy Content for the sole purposes of placing an order with us or use as a shopping resource.  No right, title or interest in any Content is transferred to you as a result of any such processing.  Except as noted above or with our prior written permission, you may not, in any form or by any means, reproduce, download, publish, copy, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, lease, loan, rent or exploit in any way any of the Content, whether in whole or in part.

Extraction of data from the Content or the Website is strictly prohibited, and data mining, robots or similar extraction methods are not permitted.  Other than as specifically authorized in the Terms and Conditions or otherwise approved by us in writing, any use of the Website, the Content or the Intellectual Property is strictly prohibited and may violate applicable laws.

Trademark
Couleurs de Geraldine™, CdG™, NuVory™, nut-ivory™, nut ivory™, tagua™, Primo Amore™, In Vogue™, Simply Chic™, Nut-Ivory is Not Ivory™, C’est-toi …. It’s You™, Couleur your Life™, Primo Amore™, In Vogue™, Simply Chic ™ and other trademarks, logos, characters, page headers, button icons, scripts, service names and other names or marks of our products, services and programs (collectively “Trademarks”) displayed on the Website are subject to the trademark and other rights of CdG, Geraldine van Amerom, Evert Nooter, its or their respective affiliates. Such Trademarks may be registered in the Netherlands, the United States and internationally. The Trademarks may not be used (including as part of trademarks and/or as part of domain names) in connection with any product or service in any manner that is likely to cause confusion nor may they be copied, imitated, or used, in whole or in part, without our prior written permission. Except as provided in these Terms of Use, your use/misuse of Trademarks or of any other Content is strictly prohibited.

Copyright
All Content appearing on the Website and in related documents and marketing materials, as well as the software used to create them, are owned or licensed by CdG and/or its affiliates and are protected by copyright laws of The Netherlands, the United States and other countries. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other uses of any Content (including linking or framing to this Website), are strictly prohibited unless you first obtain our prior written consent.

Disclaimer
While we work to include accurate and up to date information on this Website, we make no warranties or representations with respect to the Website or the Content, which are provided “as is”.   In particular we make no representation or warranty:

(a) That the Website meets the Customer’s requirements, will always be accessible, secure, uninterrupted, timely or operate without error or that defects will be corrected;

(b)  That any Item conforms to its description or the colors, texture and detail shown on the User’s computer monitor; or

(c)  Concerning the availability, accuracy, completeness or usefulness of information or Content.

No advice, results or information, or materials whether oral or written, obtained by you from CdG (whether through the Website or otherwise) shall create any warranty by CdG not expressly made in the Terms and Conditions. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

Limitation of liability
To the maximum extent permitted by law, neither CdG nor any of its officers, directors, employees, shareholders, affiliates or agents of any of them, shall be held liable or responsible for any amount or kind of loss or damage that may result to you or a third party arising out of or related to the use of this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost income, goodwill, profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

CdG assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Website or any downloading from the Website.

Miscellaneous
Modification to Website:  We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any Content, any aspect of the Website, and/or its hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Site Monitoring:  CdG reserves the right, but accepts no obligation, to monitor any activity and content on the Website. CdG may investigate any reported violations of Law applicable to Users or transactions on the Website and take action that it deems appropriate. CdG may also investigate the use of a means of payment by a User and take such action as CdG deems appropriate, including but not limited to canceling any order made by such User.  Please note that we may prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

Prohibited Conduct:  The Website may be used only for lawful purposes by individuals using authorized services of CdG.  CdG specifically prohibits, and requires Users to agree not to use the Website for any of the following:

  • Posting any information or using a payment mechanism which is incomplete, false, inaccurate or not your own;
  • Impersonating another person;
  • Constituting or encouraging conduct that would constitute a criminal offense or otherwise violating any law or regulation or which fails to comply with accepted Internet protocol;
  • Posting material that infringes on any intellectual property, privacy or publicity right of another;
  • Attempting to interfere in any way with the Website’s or CdG’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website

User Submitted Content and Information:  You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website.  You understand that once you post information or materials on or through the Website (“User Content”), your content becomes public.

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through the Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential. By posting User Content, you are giving us the absolute right to use, modify, reproduce, transmit, display, modify, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

We take no responsibility and assume no liability for any User Content.

The transmission of data over the Internet cannot be guaranteed to be 100% secure. So while we will use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties.  As a result, you transmit information to us at your own risk.

Dispute Resolution:  You agree that the Terms and Conditions and any contract between you and CdG shall be interpreted and governed in accordance with the law of the Kingdom of The Netherlands.  The United Nations Convention on Contracts for the International Sale of Goods shall have no application to the Terms and Conditions or any such contract.

To the extent permitted by law, the competent courts at the place of the registered office of Couleurs de Geraldine shall have exclusive jurisdiction in respect of any dispute arising from these Terms and Conditions or your use of this Website, subject to our right to prosecute a User at his/her place of residence.

Notices:  Official notice to us shall be given by postal mail addressed to the Legal Department at Couleurs de Geraldine, PO Box 938, 1200AX, Hilversum, The Netherlands.  Notice to a User shall be given to the e-mail address provided by User to CdG and currently on record.  Email notices are deemed to have been given 24 hours after the e-mail was sent by CdG, unless we are notified that the e-mail address is invalid, in which event we may give notice by postal mail at the address provided by the User upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing by CdG.

Severability:  If any provision of the Terms and Conditions is deemed unlawful, invalid or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and Conditions and will not affect the validity, legality and enforceability of the rest of the Terms and Conditions.

No Waiver:  Failure of CdG to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to CdG under the Terms and Conditions or at law.

Entire Agreement:  The Terms and Conditions represent the entire agreement between CdG and Users and supersede and replace any other agreement between the parties (including but not limited to any prior versions of the Terms and Conditions).