Article 1: Preamble
The present general sales conditions are applicable to all contracts (including online orders) between, on one hand, Olivia DES CRESSONNIERES registered with the Banque Carrefour des Entreprises under the number 0650.877.522, hereinafter referred to as "seller" and, on the other hand, any client, hereafter referred to as "buyer", wishing to proceed with the purchase of jewellery, hereinafter referred to as 'goods', put up for sale by the seller as well as the purchase of the goods offered for sale online via the website "olivia des cressonnières" (https://www.olivia-des-cressonnieres.com).
Article 2: Object
These terms are intended to define the contractual relationship between the seller and the buyer as well as the applicable conditions for any purchase made through the website https://www.olivia-des-cressonnieres.com.
The acquisition of goods through the above site implies unreserved acceptance by the purchaser of these terms. These will prevail over all other specific conditions not expressly approved by the seller.
The seller reserves the right to change the terms of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the buyer.
Article 3: Characteristics of the goods offered for sale
The goods sold are those displayed on the website https://www.olivia-des-cressonnieres.com.
The photographs on this website are provided strictly for information and are not contractual.
Article 4: Prices
The total amount of the order placed by the buyer is indicated on the invoice which will be provided in euros (EUR) or in dollars (US) all taxes (VAT and other taxes and fees may apply) and other charges will be included.
When purchasing on the website https://www.olivia-des-cressonnieres.com, the amount on the corresponding page (in EUR or US), before final order validation, does not include transport costs, which will be based on the delivery address, and which will be displayed and integrated into the price at the time of the final confirmation.
The seller reserves the right to change the prices at any time. However, the applicable prices of the goods ordered are those in effect at the time of the confirmation. The seller also reserves the right to apply any VAT rate changes that may take place before or at the time of delivery.
Article 5: Online orders
The sale is considered valid from the moment of the seller confirms the acceptance of the buyer’s order.
The confirmation is sent by e-mail to the e-mail address indicated by the buyer on the order. It will include, particularly, the total price of the order as well as the description of the goods purchased (including taxes and transport costs).
Any changes by the buyer to the purchase order will only be valid if the seller has formally and expressly accepted them and confirmed in writing.
After the order is validated and paid, no cancellations or refunds can be requested by the buyer, unless subject to articles 7 and 9 of these terms and conditions.
No goods will be despatched until the order has been confirmed by the seller and complete payment is made by the buyer.
Article 6: Order by professionals for resale
When goods are ordered by stores or professionals, for resale, a deposit of 30% must be paid before the production of the goods purchased.
The unilateral cancellation of an order by the other party, the seller will retain the deposit paid when ordering.
No shipment of property will be made without confirmation of the order by the seller and the fixed deposit payment.
The balance of the price must be paid no later than the day of delivery of the purchased goods.
Article 7: Right of renunciation
Under the law, the buyer has the right to notify the seller that he withdraws from his purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the purchased goods bought (art.) VI.47, § 1, of the Code of Belgian economic law).
During this time, the buyer must notify the seller of their intention to withdraw from the purchase by using the model of the withdrawal form available on the website of the Belgian Federal Public Service - economy "Withdrawal form" and send it by e-mail to the contact address of the seller "email@example.com". This statement must be devoid of ambiguity, explaining his decision to withdraw from the contract of sale. The buyer must then return, at his own expense and risk within 14 calendar days from the withdrawal communication to the seller, the goods purchased to the seller’s headquarters, namely to Villers Street 11, 1000 Brussels.
These goods must be returned in their original packaging, undamaged and accompanied by the original packing slip. Thus, the returned goods must not have been unpacked, unsealed or used in any way. Incomplete, damaged or soiled property will not be taken back.
Within 14 days of the receipt of the goods acceptance, the seller agrees to refund the buyer, the cost of the goods minus the cost of shipment.
Under article VI.53, al. 1, 3 ° and 5 °, of the Code of Belgian economic law, the buyer cannot exercise his right of withdrawal for contracts for the supply of goods manufactured to the buyer's specifications or clearly personalised, and where goods cannot be returned for health or hygienic reasons.
Article 8: payment
Payment of purchases made online is made via the website https://www.olivia-des-cressonnieres.com. During the validation of the order, the buyer chooses one of the proposed payment methods and makes payment by following the instructions provided on the vendor’s website.
The validity of the payment is confirmed or not after verification with the issuing bank. If the payment is confirmed, after the billing for the order the amount is transferred according to the terms agreed with the card-issuing bank. The goods remain the property of the seller until full payment of the purchase price and fees indicated when ordering.
For orders not completed online, payments are made by card or bank transfer, according to the instructions of the seller.
If payments are not made at the time of ordering, a conventional 12% interest per year applies on the sale price, by right and without prior notice, as well as a lump sum of 10% of the invoice amount, with a minimum of €50 as compensation.
Any dispute relating to an invoice must be sent to the seller in writing, within 15 days of receipt.
Article 9: Delivery
The delivery method is chosen by the seller, unless otherwise agreed in writing. Deliveries are made to the address indicated by the buyer.
If absent upon delivery to the buyer’s specified address, the goods will be stored under the terms described on the notice left by postal services.
Failure to or if the buyer omits or refuses to take delivery of the ordered goods, the seller reserves the right to insist on the application of the contract or to consider, after prior notice, the contract as being terminated due to the default of the buyer. In the latter case, the seller will retain an amount equivalent to 30% of the price of sale compensation.
Article 10: Guarantee
As per the Act of 1St September 2004 for the protection of consumers in the event of the sale of consumer goods (articles 1649bis at 1649octies of the civil Code) the seller guarantees the products.
Buyer who finds the goods sold are non-compliant within two years of delivery shall notify to the seller by registered letter to the seller’s headquarters, Rue de Villiers 11, 1000 Brussels or by e-mail at the address "firstname.lastname@example.org" within two months of the observation.
This warranty only covers defects of conformity which exist at the time of delivery of the purchased goods, but does not apply to defects or damage due to misuse or negligence of the buyer, such as, without this list being exhaustive, water damage, oxidation, fall or shock, wear...
The seller doesn’t provide any guarantee regarding any possible hidden defects affecting the goods sold.
The invoice provides proof of warranty and must be retained by the purchaser in the original form.
Article 11: responsibilities
The seller, being neither owner nor host of the website of "https://www.olivia-des-cressonnieres.com" online sales, shall not be held liable for damage resulting from the use of internet network such as loss of data, intrusion, virus, rupture of the service, other involuntary problems.
In any case the seller is not responsible for non-performance or improper performance of the contract attributable to the buyer, arising from insurmountable and unpredictable events from a third party or force majeure.
The buyer is responsible for the choice and the use of the property delivered by the seller. The seller declines any responsibility in the event of inaccuracy of the information given by the buyer.
Article 12: Personal data
All personal data necessary for the processing of an order is retained by the seller or its employees and can be passed on to partners with which the seller - or its suppliers - collaborate, when such communication is necessary for the processing of the order.
The seller keeps personal data to facilitate subsequent orders.
Without prejudice to the foregoing, the seller agrees to not disclose personal information it has to another company.
The data kept by the seller at any time can be requested and corrected on request. It must be sent by mail to the headquarters of the seller, namely Rue de Villers 11, 1000 Brussels or by e-mail to the address "email@example.com".
Article 13: Jurisdiction and applicable law
In case of a dispute, the applicable courts are within the jurisdiction of the seller’s headquarters, except for mandatory legal requirement to the contrary.
These terms and the contracts concluded between the seller and the buyer are subject to Belgian law.
Article 14: Saving Clause
If one or several provisions of these general conditions are invalid for any reason whatsoever, this circumstance would not render these terms or the agreements concluded between the seller and the buyer as void or would not prevent the execution of the other provisions or the contract.
In case the relevant provision should affect the nature of these terms, each of the parties will attempt to negotiate immediately and in good faith a valid alternative provision with an equivalent economic effect or, at the very least, as close as possible to the effect of the provision set aside.