General Terms and Conditions of Product Sales

1. Definitions and Scope

These general terms and conditions of sale, hereinafter referred to as “the general conditions” or “these terms,” apply to all orders placed with S.R.L. (company name), whose registered office is located at Avenue Louise 500, 1050 BXL, registered with the Crossroads Bank for Enterprises under number 0864 694 820, hereinafter referred to as “the Seller“.

These general conditions constitute the contract that binds the Seller and the Customer. The Seller and the Customer are hereinafter commonly referred to as “the parties“, and individually as “the party“.

The “Customer” is any natural person who places an order with the Seller through its website.

The “website” or “webshop” refers to the website available at the following address: https://vandersteene.jewelry.

2. Applicability

These general conditions apply to any operation by the customer aimed at placing an order on the webshop, on their own behalf or on behalf of a third party.

These general conditions are the sole terms that apply. In any case, they exclude the general or specific conditions of the Customer that the Seller has not expressly accepted in writing.

These general terms and conditions of sale are freely accessible at any time on the Seller’s website, so that by placing an order with the Seller, the Customer declares to have read these terms and confirms acceptance of the rights and obligations related thereto.

The Seller reserves the right to modify these general conditions at any time. The new general conditions will, if necessary, be brought to the attention of the Customer in a manner that the Seller deems appropriate. These modifications will apply to all orders placed subsequently.

It may exceptionally be deviated from the provisions of these general conditions of sale insofar as these deviations have been the subject of a written agreement between the parties. Such deviations may consist of the modification, addition, or removal of clause(s). In any case, such modifications will not affect the validity of the other provisions of these general conditions.

3. Description of the Webshop: Online Store

Through its website, the Seller provides the customer with an online store presenting the products for sale.

4. Description of Products for Sale

Each product sold by the Seller has been carefully selected. The products are presented and described as accurately as possible.

However, the Seller cannot be held responsible for the photographs or product presentations posted online. Indeed, any differences (in color, etc.) between the photographs available on the website and the physical product cannot be attributed to the Seller in any way.

The Seller also cannot be held responsible for errors or omissions in the way it describes the products.

Ultimately, it is the Customer’s responsibility to ensure that the product they order meets their needs and expectations.

5. Manufacture of products on demand

The products marketed by the Seller are manufactured at the request of the Customer. The Seller therefore does not have any stock of products. Each order from the Customer requires an individual order from the Seller to its suppliers. The Seller undertakes to make every effort to supply its materials regularly in order to satisfy all its Customers. But, in the event that one (or more) materials are out of stock, the Seller cannot be held liable.

The product manufacturing time is 3 weeks from confirmation of the Customer’s order. This manufacturing time is indicated for information purposes only, but the Seller undertakes to use its best efforts to ensure that it is respected. The delivery time, mentioned in point 10, must be added to these 3 weeks of manufacturing.

Due to the annual closure of suppliers of precious materials in August, all orders placed after July 30 can only be delivered, in application of the manufacturing time provided for in the previous paragraph and the delivery time, during the last week of September. Specific information will appear at the beginning of July each year on the Seller’s website to inform Customers of this specificity.

6. Order online

To place an order, the Customer goes to the Seller’s website. He selects the product he wishes to order. Once their basket is finalized, the Customer has the option of filling out an order form online, using an electronic form. By completing this electronic form, the Customer accepts the price and description of the products. So that his order is validated, the Customer must accept these general conditions of sale by clicking on the place indicated. The Customer must provide an email address, billing details and, where applicable, a valid delivery address. Any exchange with the Seller may take place using this email address.

It is up to the Customer, when validating their order, to check the accuracy of their order and their billing/shipping details. If the Customer observes an error, it is his responsibility to immediately contact the Seller.

In addition, the Customer must choose the delivery method and validate the payment method.

The Seller reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem, until this problem is resolved. The Seller also reserves the right to suspend, cancel or refuse a Customer’s order, in particular, but not limited to, when the data communicated proves to be manifestly erroneous or incomplete or when there is a dispute relating to payment. of a previous order between the Seller and the Customer.

7. Order confirmation and payment

The Seller remains the owner of the items ordered until full payment has been received.

7.1. Payment

The Customer makes payment at the time of final validation of the order using one of the payment methods offered. This validation serves as a signature.

The Customer guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that all information given for this purpose constitutes proof of his consent to the sale.

In the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid a previous order or with whom a dispute is pending.

7.2. Order confirmation

Upon receipt of validation of the purchase accompanied by payment, the Seller sends the Customer an invoice, unless the latter is delivered with the order.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the Seller’s customer service.

In the event of unavailability of a material necessary for the creation of the product, the Seller will keep the Customer informed by email as soon as possible in order to replace or cancel the order for this product and possibly reimburse the related price, the remainder of the order remaining firm and final.

8. Price

The Seller reserves the right to modify its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time the order is placed will apply, subject to availability on that date.

Prices are indicated in euros or dollars, and do not take into account any delivery and transport costs. Delivery costs are mentioned before validation of the order and invoiced, unless otherwise stated, in addition. Prices may vary depending on changes in the price of gold and other materials used to make the products. The price indicated to the Customer when placing their order takes into account this price change for which the Seller is not responsible.

All payments are made in cash, with no possibility of spreading, except in the exception notified on the purchase page (payment in several installments).

The total amount of the order (including tax), and where applicable, delivery costs, will be indicated before final validation of the order.

9. Proof

Communications, orders and payments between the parties can be proven using computerized records kept in the Seller’s computer systems. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

10. Delivery

Delivery is only made after confirmation of payment by the Seller’s banking organization.

The products are delivered to the address indicated by the Customer on the online form serving as an order form. Additional costs resulting from incomplete or erroneous information by the Customer will be invoiced.

Delivery is carried out by a third-party company Bricks.

Delivery times are communicated to the Customer when ordering by the Seller for information purposes only, and based on information communicated by the carrier. No compensation can be claimed from the Seller in the event of late delivery. The carrier assumes the risks linked to the products for the entire duration of delivery, and until receipt by the Customer or its recipient.

On the other hand, if delivery times exceed thirty (30) days from the order, the sales contract between the parties may be terminated and the Customer reimbursed.

10.1. Verification of the order

Upon receipt of the products, the Customer or recipient checks the good condition of the delivered product.

In the event that one or more products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller, by e-mail at the address info@vandersteene.jewelry.

The verification is considered to have been carried out when the Customer or a person authorized by him has received the order without expressing reservations.

Any reservation not made in accordance with the rules defined above and within the allotted time limits cannot be taken into account and releases the Seller from any liability towards the Customer.

10.2. Delivery error

In the event of a delivery error or non-compliance of the products with the indications provided on the order form, the Customer informs the Seller within three (3) working days following the delivery date.

Any complaint not made within the allotted time cannot be taken into account and releases the Seller from any liability towards the Customer.

10.3. Returns and exchanges

The product to be exchanged or refunded must be returned to the Seller, fully intact, in its entirety and in its original packaging, within three (3) days of receipt. No exchange will be possible in the event that the product is personalized or in the event that the product has been worn by the Customer or has been damaged in any way.

Any complaint and any return not made in accordance with the rules defined above or within the time limits set cannot be taken into account and releases the Seller from any liability towards the Customer.

11. Legal guarantees

11.1. Legal guarantees for all Customers

In accordance with articles 1641 and 1643 of the old Civil Code, the Seller is required to guarantee its products against hidden defects which make them unfit for the uses for which they are intended, or which reduce this use to such an extent that the Customer would not have acquired them. or would have given only a lower price if he had known them.

In the event of a hidden defect being disputed, the Customer must act promptly, and will have the choice between returning the product with a hidden defect for a full refund, or keeping it for a partial refund.

The Seller is not required to guarantee the products against apparent defects, which the Customer could or should have become aware of at the time of purchase. Likewise, the Seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he refrained from warning the customer.

Only the invoice and/or the purchase order are valid as guarantee certificates for the Customer vis-à-vis the Seller. These documents must be kept by the Client and presented in their original version.

11.2. Additional legal guarantees for Customers with consumer status

In the event that the Customer is considered a consumer (B2C), in the sense that he purchases a product on the seller’s webshop for private purposes, he has a legal guarantee provided for by article 1649 quater by the old Civil Code.

This legal guarantee implies that the seller must give a guarantee against any lack of conformity of the goods appearing within two years from delivery of the goods.

When he notices such a defect, the Customer undertakes to contact the seller as soon as possible, and within a maximum of 2 months following the identification of the defect. The Customer can contact the Seller by e-mail at info@vandersteene.jewelry, or by post sent to the following address: Avenue Louise 500, 1050 Brussels.

If a lack of conformity appears during the legal warranty period, the Customer may request from the Seller repair or replacement of the defective product, unless this is impossible or disproportionate for the Seller.

In the event that the repair or replacement is impossible or cannot be carried out within a reasonable time and without major inconvenience for the Customer, the latter also has the possibility of requesting a reduction in the price or the termination of the sales contract, at namely the reimbursement of the price paid.

In the event of a refund, the Seller may take into account the use made of the product by the Customer since the date of its delivery.

The termination of the sales contract will not be open to the Customer in the event of a minor defect.

Only the invoice and/or the purchase voucher are valid as guarantee certificates for the Customer vis-à-vis the Seller. These documents must be kept by the Client and presented in their verse original ion. The warranty period begins on the date mentioned on these documents.

This warranty does not apply in the event that the failure results from incorrect use, external causes, poor maintenance, normal wear and tear or any use which does not comply with the Seller’s instructions. in the product description.

In the event of damage, theft or loss of a product returned for repair, the Seller’s liability will in any case be limited to the sale price of the product.

12. Withdrawal in the event of distance selling

12.1. Principle

In the event that the Customer is a consumer, he may exercise his legal right of withdrawal within fourteen (14) working days following delivery of the goods.

After having communicated to the Seller his decision to withdraw, the Customer then has fourteen (14) days to return or return the products.

Any withdrawal not carried out according to the rules and deadlines defined by this article cannot be taken into account and releases the Seller from any liability towards the Customer.

The Customer may request a refund of the returned product, without penalty, the return costs being covered by the Seller.

The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular with complete packaging, intact and in salable condition.

The Seller must reimburse the Customer for all amounts paid, including delivery costs, within 14 days of recovery of the products or transmission of proof of shipment of these products.

A model withdrawal form can be provided to the Customer upon simple request.

12.2. Exceptions

In the event that the Customer personalizes the product, the product is considered “made to measure” and falls within the regime of exceptions to the right of withdrawal. In such a case, the Customer-consumer does not have the possibility of returning the product and being reimbursed.

13. Termination of the order

The Customer who does not meet the conditions to benefit from the right of withdrawal described above, and who wishes to cancel his order, contact and inform the Seller by e-mail at the address info@vandersteene.jewelry, who will inform him the steps to follow.

14. Intellectual Property and Data

The information, logos, designs, brands, models, slogans, etc., accessible through the webshop may be protected, where applicable, by intellectual property rights.

Unless expressly agreed otherwise in advance, the Customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the Seller’s webshop.

Unless expressly waived, the agreed price therefore does not include any transfer of intellectual and/or industrial property rights for any reason whatsoever.

15. Liability

The Customer acknowledges and accepts that all obligations for which the Seller is responsible are exclusively of means and that he is only responsible for his willfulness or gross negligence.

In the event that the Customer demonstrates the existence of gross negligence on the part of the Seller, the damage for which the Customer can seek compensation includes only material damage resulting directly from the fault attributed to the Seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the Customer in execution of his order.

The Customer also acknowledges that the Seller is not responsible for any direct or indirect damage caused by the products delivered,

The Seller is also not responsible in the event of communication of incorrect data by the Customer, or in the event of an order placed in his name by an unauthorized third party.

16. Internet and new technologies

The Customer acknowledges the restrictions and risks associated with the use of the Internet or any other means by which the webshop is currently or will in the future be made available.

The Client also acknowledges the risks of storing and transmitting information digitally and electronically.

The Customer accepts that the Seller cannot be held responsible for any damage caused by the use of the webshop or the Internet, following the aforementioned risks.

Everything is done to allow access to the webshop 24 hours a day, 7 days a week. However, taking into account the technical characteristics of the Internet, the structure of the webshop itself, IT resources and the need to carry out periodic maintenance, updating or modernization work, uninterrupted access and service cannot be guaranteed. In the event of an interruption or normally acceptable disruption of access to the webshop, everything will be done to remedy it within as soon as possible. These normally acceptable interruptions or disturbances are inherent to the internet service and cannot be considered as shortcomings on the part of the Seller, and will therefore not give rise to any compensation.

In all cases, the Seller cannot under any circumstances be held responsible for any damage, direct or indirect, that the Customer incurs when using the webshop.

The Customer will also hold the Seller harmless from any claim, in any of the following cases:

• loss of opportunity or income of any nature whatsoever due to the operation or non-operation, or use or lack of use of the webshop, or the content there or to be there find there;

• illegal or unauthorized intrusion by any third party into the web server or the webshop;

• introduction of a computer virus into the web server or into the webshop;

• temporary bandwidth congestion;

• interruption of the internet connection service for a cause beyond the Seller’s control.

17. Miscellaneous provisions

17.1. Force majeure or fortuitous event

The Seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations when this non-performance results from a force majeure or fortuitous event.

The following events will be considered in particular as cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of the Seller’s computer system or its database when one or other of these events cannot reasonably not be directly attributable to the Seller and it is not demonstrated that he failed to take reasonable measures to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a stoppage of energy supply (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the Seller depends, 15) a fact or decision of a third party when this decision affects the proper execution of this contract or 16) any other cause beyond the reasonable control of the Seller.

17.2. Lack of foresight

If, due to circumstances beyond the control of the Seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the parties undertake to negotiate in good faith and loyally an adaptation of the contractual conditions in a reasonable period of time in order to restore its balance. In the absence of agreement within a reasonable period of time, either party may invoke the termination of the contractual relationship uniting them without compensation or compensation of any nature whatsoever.

17.3. Illegality

The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) cannot in any way affect the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of this article, paragraph or provision, unless there is an obvious contrary intention in the text.

17.4. Securities

The headings used in these terms and conditions are for reference and convenience purposes only. They in no way affect the meaning or scope of the provisions they designate.

17.5. Non-waiver

Inertia, negligence or delay by any party in exercising any right or remedy under these terms and conditions shall in no way be construed as a waiver of that right or remedy.

18. Applicable law and competent jurisdictions

These general conditions are subject to Belgian law.

In the event of a dispute relating to the validity, interpretation, execution or termination of these general conditions, the parties undertake to resort to mediation prior to any other method of conflict resolution.

The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement or instruct a third party to this designation.

Once the mediator has been appointed, the parties define between themselves, with the help of the mediator, the arrangements for organizing the mediation and the duration of the process.

Either party may end the mediation at any time, without prejudice to it.

In the event of failure of mediation, only the courts of the judicial district of Brussels will have jurisdiction.