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GENERAL TERMS AND CONDITIONS OF SALE

 

ARTICLE 1 - PURPOSE

 

The present General Terms and Conditions set out the terms of use of our website (www.thegemsroom.com) as well as the General Terms and Conditions of Sale of our products to the Customer over our website (hereinafter referred to as “the Terms and Conditions”).

 

Before using our website, the Customer is required to actively take note of the present Terms and Conditions. By using our website or by placing an order on the website, the Customer hereby accepts, unless he is able to bring proof to the contrary, to be bound by these Terms and Conditions.

 

We are within our rights to bring changes to the present Terms and Conditions at any time. The applicable Terms and Conditions shall be those that apply at the time when this website is used or when the Contract is concluded.

 

ARTICLE 2 – TRADE NAME – CONTACT DETAILS

 

Our products are sold through our website under the trade name of THE GEMS ROOM by Mrs Laurence VANDENBORRE, Maastrichtersteenweg, 58, 3500 HASSELT (Belgium), registered with the Banque Carrefour des Entreprises (Central cross-reference database of businesses registered in Belgium) as number 0676.691.893.

 

The Customer can contact us either at the above address, or by using the purpose-provided contact form on our website, or by sending an e-mail to info@thegemsroom.com.

 

ARTICLE 3 – CONCLUSION OF THE CONTRACT

 

Our products are 18kt gold pieces of jewellery designed by the designer Laurence VANDENBORRE and handmade by her goldsmith.

 

The description of our products on our website are as precise as possible (type, color, size, quality and size of the stones, ….).

 

Size of certain stones may slightly vary depending on their availability. A size range is therefore expressly mentioned in the product description. The Customer expressly acknowledges, by placing his order, that his acceptance of the product is based on this description, including the range above mentioned.

 

On no account is the information posted on our website to be taken as an offer of sale of the products presented at the site.

 

Consequently, as long as we have not confirmed to the Customer that we accept the order, no Contract may be deemed to have been lawfully concluded.

 

Once the online order placement process on our website has been successfully completed by the Customer, we reserve the right to accept or to refuse the said order. Our acceptance of the order that was placed and the subsequent conclusion of the Contract may not be inferred from the fact that an order confirmation is sent.

 

 

ARTICLE 4  - AVAILABILITY OF THE PRODUCTS

 

All orders for products are subject to product availability or feasibility. In the event of supply problems or if the products are no longer in stock, we reserve the right to inform the Customer of the possibility for him to order alternative products of an identical or superior quality or value. If the Customer does not wish to order these alternative products, we shall refund the full amount of any sums already paid.

 

ARTICLE  5 – PRICES – PAYMENT

 

Our prices are stated in EURO, including 21% VAT.

 

Our prices are those stated on our website, except in case of obvious error.

 

If we come across any errors in the prices of the product(s) ordered, we shall inform the Customer thereof as quickly as possible, enabling him to either confirm his order at the right price, or to cancel his order. If we fail to get a response from the Customer on the alternative presented to him within eight days, we shall cancel the order and transact the refund of any sums paid.

 

On no account shall we be under obligation to perform a contract concluded at a lower price that is wrong, regardless of the fact that order confirmation was sent, if the error is obvious and the Customer could reasonably be expected to be capable of spotting the fact that the price was wrong.

 

Our prices include delivery costs.

 

In theory, our prices are unchangeable. However, we may pass on and apply price changes implemented by our suppliers at the time between the order and the delivery, as well as the changes to the VAT rate or new taxes that might be implemented by the authorities prior to the date of delivery.

 

We accept payment by Stripe. Other methods of payment could be accepted on demand if they are agreed by us. Payments shall occur on Laurence VANDENBORRE’s bank account IBAN BE 34 0018 1404 4890 (BIC GEBABEBB).

 

The production of the pieces of jewellery shall only start once the payment of the price and of all the costs have been received. The production process shall take between two or three weeks.

 

ARTICLE 6 - DELIVERY

 

We use MALCA AMIT as delivery method.

The delivery costs are included in the sale’s price.

Without prejudice to the provisions in respect of the availability of the products and of force majeure, we shall make every effort to fill the order of the product(s) specified in each Order confirmation before the delivery date specified therein or, if no delivery date was specified, within the estimated time indicated at the time when the Customer chose the delivery method, and in all cases within a maximum time span of thirty days counting from the date of order confirmation.

 

If we are unable to meet the delivery date, regardless of reason, we shall inform the Customer thereof as quickly as possible and enable him to either continue the performance of the Contract with a new delivery date, or to terminate the Contract and refund the Customer the relevant sums paid by him.

 

The “delivery” shall be deemed to have been made, or the order shall be deemed to have been “delivered” at the time when the Customer or a third party appointed by the Customer is in material possession of the products, as corroborated by their signature on the receipt note of the order delivered at the delivery address agreed.

 

 

ARTICLE  7 – RESERVATION OF TITLE OF OWNERSHIP

 

The title of ownership over the products sold shall remain the property of Laurence VANDENBORRE until payment has been received in full of the price and the delivery costs.

 

ARTICLE 8 – TRANSFER OF RISK 

 

The risks relating to the products shall transfer to the Customer at the time when the Customer or a third party appointed by him who is not the carrier/haulier physically takes possession of the products.

 

ARTICLE 9 – RIGHT OF WITHDRAWAL

 

  • Statutory right of withdrawal

 

The Customer shall have the right to withdraw from the Contract concluded without stating grounds within fourteen days.

 

The withdrawal term shall expire fourteen days after the date on which the Customer, or a third party other than the carrier/haulier and appointed by the Customer, physically takes possession of the sold product. If the contract relates to several products ordered as part of a single order, and if these products are delivered separately, the withdrawal term shall expire fourteen days after the date on which the Customer, or a third party other than the carrier/haulier and appointed by the Customer, physically takes possession of the last product.

 

To exercise his right of withdrawal, the Customer has to notify us his decision to withdraw from the Contract by way of a clear and unambiguous statement to that effect (for instance, by telephone, a letter sent by post, by fax or by e-mail) or use the model withdrawal form included as an appendix to the present Terms and Conditions.

 

In order for the withdrawal term to be observed, all the Customer needs to do is to send us his communication in which he exercise his right of withdrawal ahead of the expiry of the fourteen-day withdrawal term.

 

  • Effects of the withdrawal

 

In the event of withdrawal, we shall refund all payments received from the Customer, without undue delay and, in all cases, no later than fourteen days counting from the day we should have been informed of the Customer’s decision to withdraw. We shall transact the refund using the same payment method as that used by the Customer for the original transaction, unless expressly otherwise agreed. In all cases, this refund shall not involve any costs for the Customer.

 

We reserve the right to defer the refund until receipt of the product(s) or until the time when the Customer has provided us with proof that the product(s) were duly returned, whichever of the above events is the earliest.

 

The Customer is to send back or return us the product(s), without undue delay and in all cases no later than fourteen days after having advised us of his decision to withdraw. This term shall be deemed to have been observed if the product is sent back to us before the expiry of the fourteen-day withdrawal term.

 

The direct costs for returning the goods shall be born by the Customer.

 

The Customer shall not be entitled to any kind of refund if the product delivered was used, is no longer in the same condition than at the time of the original delivery or if the product was damaged. Nonetheless, he shall be entitled to a refund if the physical deterioration of the products is the result of manipulations necessary to satisfy himself of the nature, the quality and the due working order of the products.

 

To be entitled to a refund, the Customer shall be under obligation to return the products in their original packaging, along with all documents, as applicable, that came with these products, which must include the order detail sheet provided to him upon delivery.

 

  • Exception to the right of withdrawal

By way of an exception, the Customer shall not be entitled to withdraw if the Contract relates to personalised products (for instance, a piece of jewellery engraved with an inscription as requested by the Customer, a piece of jewellery specially made for the Customer and under his instructions etc.).

 

ARTICLE  10 – WARRANTY FOR CONSUMER GOODS

 

In compliance with articles 1649bis à 1649octies of the Civil Code, we shall respond to all non-conformities that were to exist at the time of the delivery of the product and which were to appear within two years counting from that date.

 

However, the defect shall be deemed to be non-existent if, at the time of the conclusion of the contract, the Customer was aware of the non-conformity or could not reasonably have been unaware thereof, or if the non-conformity is to be attributed to him.

 

It is hereby agreed that the Customer shall be required to notify us of all non-conformities in writing within no more than months counting from the date on which he established the defect. The non-observance of this obligation shall see the Customer forfeit all entitlements by reason of non-conformity.

 

However, we should specify in this respect that due consideration must go out to the specific nature of our products and that it is for the Customer to take care of the products, with special care being [...] taken to prevent the products from coming into contact with detergents or abrasive substances (such as chlorine, for instance). In addition, normal wear and tear and a certain patina as a result of the frequent and repeated wearing of our products on no account may be considered as a non-conformity within the meaning of the present clause.

 

 

ARTICLE 11 - LIABILITY

 

Unless expressly otherwise set out in the present Terms and Conditions, our liability under all and any Contracts concluded through our website shall be strictly confined to the price of the products which are the subject of the Contract.

 

In addition, we waive all and any liability for any of the following reasons: loss of opportunity, loss of revenue or contracts, loss of data and loss of time, …

 

Moreover, in spite of all due care taken by us, we do not offer any guarantees in respect of the exactitude or the security of the data transmitted or obtained through this website, unless expressly stated otherwise.

 

In derogation from the above, our liability shall not be excluded or limited in the following cases: (i) death or physical injuries caused by our negligence; (ii) wilful misrepresentation; or (iii) in all cases where a limitation of our liability would be unlawful or fraudulent.

 

We equally waive all and any liability for loss or harm resulting from a virus or any other technological prejudice caused to your IT equipment and your data as a result of the use of our website or resulting from the downloading of files we have sent you.

 

ARTICLE 12 - FORCE MAJEURE

 

We shall not be liable for the non-performance or the delay in the performance of any which of our obligations when the said non-performance is due to a situation of force majeure, to with – and without the following listing being in any way exhaustive – in the event of fire, hail, natural disaster, strike, general lack of supplies, acts, decrees, legislation, regulations or restrictions issued by any governments or public authorities, maritime or inland waterway transport incidents or accidents, the carriage of mail of any other kind of transport.

 

In the event of force majeure, our contractual obligations shall be suspended throughout the entire duration of the force majeure and our fulfilment deadlines shall be extended by a length of time equivalent to that of the duration of the force majeure, as applicable. If the instance of force majeure should make if definitively impossible for us to perform our contractual obligations, we shall be released therefrom.

 

 

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

 

The Customer hereby expressly acknowledges that all intellectual property rights in general and regardless of their nature, in respect of the content of our website shall remain the sole and exclusive property of Laurence VANDENBORRE or of the persons from whom we hold a licence.  The Customer shall therefore not be permitted to make any kind of use of the said content without the express and prior permission from the aforesaid parties. However, the Customer shall be permitted to use our website in such ways as necessary to retain a copy of the details in respect of the Contract and his personal details.

 

ARTICLE 14 - COMMUNICATIONS

 

All communications to be undertaken with the Customer shall be deemed to have been properly performed if they are sent to the Customer’s e-mail or postal address as specified by the Customer when concluding the Contract.

 

ARTICLE 15 – PROTECTION OF PERSONAL DATA

 

The personal data of the Customer shall be processed by us for the following purposes:

 

  • the performance of the present agreement;
  • customer management, direct marketing and market research studies.

 

The personal data of the Customer are recorded and held in a file.

 

Laurence VANDENBORRE, whose contact details are set out under article 2, is the owner and administrator of the said file and responsible for the treatment thereof.

 

These details shall be used solely for the purposes outlined above, without prejudice to the Customer’s right to object to his data being processed and used for direct marketing purposes.

 

The Customer’s data shall not be transmitted to any third parties.

 

The Customer may be provided free of charge with a copy of the personal data held of him, as well as seek to have any wrong, incomplete or irrelevant data held of him rectified by sending Laurence VANDENBORRE a written, duly dated and signed request to that effect, along with proof of identity. The Customer can also turn to the Commission de la Protection de la Vie Privée (Commission for the Protection of Privacy) to exercise these rights.

 

All requests in respect of the communication, rectification or deletion of personal data may be brought before the Court of First Instance if the Customer’s request to that effect has gone unheeded for 45 days, or if the Customer’s request to that effect has been denied.

 

If, at any point in time, the Customer should have any grievances with Laurence VANDENBORRE with regard to the respect shown for his personal privacy, he should advise Laurence VANDENBORRE by e-mail or by letter sent by post. Every effort shall be made to identify and correct the problem.

 

If the Customer would like more information on the matter, he may contact the Commission de la Protection de la Vie Privée:

Commission de la Protection de la Vie Privée
Rue de la Presse, 35, 1000 Bruxelles

+32 (0)2 274 48 00
+32 (0)2 274 48 35
commission@privacycommission.be

The Customer may also consult the public register of the automatic processing operations of personal data held by the Commission.

 

ARTICLE 16 – NO WAIVER

 

No waiver by us of any of our rights may be inferred, unless it is expressly and unambiguously stated to be a waiver in writing.

 

ARTICLE 17 - NULLITY

 

The nullity of any one of the clauses of the present Terms and Conditions shall be confined to the clause found to be null and void and shall not affect the remainder of these Terms and Conditions.

 

ARTICLE 18 – APPLICABLE LAW

 

The use of our website as well as all and any Contracts concluded through our website shall be governed by Belgian law.

 

However, the present clause shall not in any way be allowed to prejudice any statutory provisions that offer greater protection to the Customer under his own national law, as applicable.

 

ARTICLE 19 – COURTS OF COMPETENT JURISDICTION

 

All disputes directly or indirectly relating to the use of our website, the conclusion, performance or the interpretation of the Contracts concluded through our website shall be heard by the courts of competent jurisdiction of Liège (Belgium), Division Liège, without prejudice to the application of article 624, 1°, 2° and 4° of the Judicial Code or to the Customer’s rights under his own national law which offer greater protection, as applicable.

 

 

Appendix

 

Withdrawal form

 

(Form to be completed and returned to us only if you wish to withdraw from the contract)

 

Addressee: Laurence VANDENBORRE, trading as “The Gems Room”;

 

Please be advised that I wish to exercise my right of withdrawal from the sales contract  for the following items:

 

Ordered / received on (*)

Consumer’s name

Consumer’s address

Consumer’s signature (only for hardcopy forms)

Date

 

Help us to improve ourselves. Please mention, without any obligation, the reason of your withdrawal request

 

 

(*) Please delete as applicable