Terms and Conditions of Sale and Use
Beldiamond SPRL, a company registered in Belgium and having its headquarter at Rue des Champs 64, 1040 Brussels, with VAT no BE0650638782, and it’s office address at Hoveniersstraat 30 Suite 315 2018 Antwerp,
Any user who shall purchase a product from Beldiamond.com operated by us (the “Website”) and shall use its services (together with the Website, the “Services”).
“You” and “your” mean the person who uses the Services. “We,” “us,” and “our” mean Beldiamond and its successors and assignees.
Article 1. General Provisions
By placing an order at Beldiamond.com, you warrant that you are at least 18 years old and accept these terms & conditions which shall apply to the use of the Beldiamond.com and/or any orders placed or to be placed at Beldiamond.com for the sale and supply of any products. No other terms or changes to the terms & conditions shall be binding unless agreed in writing and signed by us.
We may amend these Terms & Conditions at any time by posting the revised Terms & Conditions on the Website. We may terminate these Terms & Conditions at any time by suspending or terminating access to the Website and/or Services and/or notifying you. Your continued use of the Website or Services after we have posted revised Terms & Conditions represents your acceptance of such revised Terms & Conditions. No amendment or modiﬁcation of these Terms & Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Website by our duly authorized representative.
Article 2. Obtaining an Account
We do not require registration in order to browse on our website. You may choose to give your contact information during registration. We then may use that information to contact you about the products and services on our site for which you have expressed interest.
If we ask you to provide some information about yourself when you register at Beldiamond.com, you must ensure that this information is accurate and current. You may keep this information updated through your Account.
Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.
The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement.
You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Beldiamond.com may terminate your Account at any time without notice.
Article 3. Prices and Payment
3.1. All our prices are in euro’s and include VAT, excluding any delivery charges, if applicable and all orders shall be paid in euros.
We will send You an invoice for Your order once it is received.
We reserve the right to change Our prices at any time without prior notice. Products that have already been ordered will be invoiced according to the prices current at the time the order was received.
3.2. VAT payment conditions:
Unless stipulated otherwise, the prices indicated on the site include VAT at the Belgian tax rate of 21% both for consumers and businesses.
For the items dispatched to Belgium, VAT will be paid as stipulated above.
For items dispatched to businesses having their headquarters in another European Community country, the price is exclusive of VAT (only if a valid intra-community VAT number is provided).
Tax-free purchases and export outside the EU:
For orders placed in our showroom, Beldiamond offers its customers a tax-free purchases service. In this case, the customer needs to prefund Belgian VAT (21%) , which will be refunded once the customer has performed exportation outside the European Union.
The customer needs to present these items while passing through the customs of the European airport from where the customer will export the jewel:
- The purchased product and the invoice;
- Passport: The customer needs to prove that he is not a European resident;
- The boarding pass: The customer needs to prove that he is leaving Europe.
Beldiamond.com will transfer by bank wire to the customer the corresponding VAT refund amount exclusively upon receipt of the original product invoice stamped by the customs of the European airport from where the exportation took place.
The stamped invoice needs to arrive at our office no later than 2 months after the date the invoice was stamped.
Refund can only be done when Beldiamond.com clearly receives the account number IBAN and SWIFT-code of the customer.
Tax-refund is performed according to the legal and European procedures prescribed by the Belgian Chamber of Commerce (142. The Article 8, 4°, of Royal Decree 18 states that the seller must establish the existence of the exportation by providing the customer with a copy of the invoice or a similar document bearing the stamp of the customs of exit from the European Community) according to which the presentation of the invoice of the purchased product (as exportation document) when passing through the customs is sufficient (in addition to the presentation of the three other items listed above – the product, the passport and the boarding pass). According to the Belgian and European law, no other documents are required.
Beldiamond.com will not be responsible for any type of exceptional event that would prevent the client from exercising the right to claim a VAT refund. (Ex. the closing of customs offices and impossibility for the customer to get the stamp, loss of the invoice sent by the client by mail).
Beldiamond.com will not be responsible for any mistakes coming from the customer’s side that would result in bank fees. The customer will eventually be charged for these bank fees.
3.3. For orders placed directly on the Website You can pay by means of:
- Bank transfer: Our Website will inform You of Beldiamond’s bank details. You must make the required payment within seven (7) days for Your order to be accepted. The order reception date is the date the payment appears in our account.
- Bank or credit card (Visa, MasterCard, American Express and Discovery): the total amount due for Your order is debited immediately. The order reception date is the date when the payment is made online.
- Paypal: the total amount due for Your order is debited immediately. The order reception date is the date when the payment is made online.
- Gift Cards: In case that You choose to pay by credit card, You need to indicate the name appearing on Your credit card, the card number, its expiry date and the control number. Some issuing banking institutions may request an additional signature, such as a Digipass. The payment validity is confirmed or not after verification with the issuing banking institution. In order to guarantee the security of on line payments and personal data of the client, the online transactions will be encrypted by SSL technology.
3.4 For the orders placed in Our showroom, the Customers who signed an invoice can pay by means of:
- Bank transfer: You must make the required payment within seven (7) days for Your order to be accepted. The order reception date is the date the payment appears in our account.
- Bank or credit card (Visa, MasterCard, American Express and Discovery): the total due for Your order is debited immediately. The order reception date is the date payment is made.
- Payments in cash for transactions taking place in Belgium are limited by the anti-money laundering legislation to a maximum of 3.000 euro as from the 1st of January 2014.
3.5. Items in your Basket will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price of the item when you first placed it in your Basket. The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to honor any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
3.6 Bank account
Beldiamond.com has it’s account open at Belfius Bank.
IBAN: BE97 0689 0502 1949; SWIFT: GKCCBEBB
Article 4. Customs and Duties
For orders with delivery to a country other than EU, You are the importer of the ordered product(s) and upon arrival in your Country the contents of your order may likely be subject to Customs fees (taxes, duties, processing fees, brokerage fees, etc.), which are the responsibility of the person(s) receiving the order. These fees are not under our control. For this reason we recommend you verify with your local Customs office before you place an order. We are unable to estimate customs fees, taxes, duties, etc. so please contact your local authorities or Customs office for detailed information.
For all products delivered outside the European Union, You will be invoiced the price exclusive of tax. Both the item prices as well as the shipping charges you pay to us do NOT include Customs fees, import taxes, brokerage fees, or duties.
Should you refuse your order at the time of arrival or should you refuse to pay the Customs fees when your order arrives, the shipment will be returned to us and we will not issue any refunds for the returned product.
Article 5. Products and Orders
5.1. The products offered for sale on the website are tailor made jewels.
We pay the greatest possible attention to the correct mentioning of our prices, models, types, measures, colors etc. Beldiamond.com makes all reasonable efforts to display the products listed for sale on its website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Beldiamond.com cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, Beldiamond.com does not warrant that product descriptions or other content are accurate, complete, reliable current or error free.
We aim to give You the information and detail You need to feel like You know Your product before it has even been delivered. The actual size of the stone may vary by 0.01 carat from the ordered stone size. As We make jewellery by hand, some measurements given on Our product pages may differ slightly from the actual product You receive.
The characteristics of the jewels are predefined as far as possible by Beldiamond.com on the web page of each product (typefaces, illustrative photographs, etc.), which enables users to help themselves, before placing a firm order, with the essential characteristics of the jewel that they order. Users acknowledge that their acceptance is based on these descriptions. Any claims concerning the nature of items must relate to the product’s descriptive sheet.
All the diamonds starting at 0,4 carats which we supply to You are provided with a GIA/HRD/IGI diamond certificate drawn up by an independent gemological laboratory (Hoge Raad voor Diamant or “Diamond High Council” (DHC), the GIA (Gemmological Institute of America) and IGI (International Gemmological Institute) describing their individual characteristics, and carrying a unique reference number. When a client has specific preference in terms of certificates before purchase, we will try to meet these. Unless specifically mentioned, we will never guarantee this. Also the client will explicitly agree on the quality description of the diamonds as mentioned on the certificates delivered. Consequently, we will not respond to any further arguments in this matter.
5.3. Ordering conditions
You can place an order:
- Directly on the Website
- By phoning Our Customer Service Team on +32 800 260 85 from Monday to Friday 9.00am to 7.00pm (Belgium local time).
- Directly during your appointment in our showroom.
- By Email via firstname.lastname@example.org
5.4. Order confirmation
We will only confirm Your order if the following conditions have been met:
- a) You must enter all details asked of You, like: Your full name, Your contact details (telephone and email), Your exact address for invoicing (for security reasons, We ask that the invoice address match the address held by Your bank or credit card provider in order to protect You from fraudulent use), Your exact address for delivery and Your payment method.
- b) To confirm Your order, You must review the details You have entered and correct any errors and confirm that You have read and unconditionally accept the Terms and Conditions. All the data provided at the time that the order is placed and its confirmation shall constitute valid proof of the transaction.
Once an order has been validated on the site, the user acknowledges that his or her acceptance constitutes a firm and irrevocable commitment: the sale is considered to have been completed and its payment is immediately due by the user. The user is therefore no longer entitled to correct, exchange or return the item(s) ordered (in particular in the case of an error of size or text).
Beldiamond.com will send an e-mail confirming the order. This e-mail only confirms receipt of the order by Beldiamond.com. We shall only be bound by the order once that confirmation has been sent. We reserve the right to reject on justified grounds, with no liability incurred, any order involving a User where there is a doubt or dispute over the payment of a previous order.
Once an order has been confirmed, the manufacturing lead-time for the creation of each item is approximately 3 weeks. Beldiamond.com will inform the user by e-mail when each item of jewellery has been manufactured.
5.5. Changing Your order
Changes made by Us when an ordered product is not available:
Our advertised products and prices are valid while stocks last. If some products You order are no longer available, We will replace them with products of equal or greater value without changing the amount payable for Your order. We will inform You as soon as We become aware of this issue. We will advise of the new delivery time if necessary. You have the right to cancel Your order.
We also reserve the right to cancel all or part of an order due to a failure by one of Our suppliers or if there is a force majeure event. We will inform You as soon as We become aware of this issue and will refund any amount You have already paid Us for the cancelled order or part order. In any event, We will contact You as soon as possible to discuss the various options available.
Article 6. Gift Cards
The Beldiamond.com gift card is a private card prepaid at the time of order. The gift card is valid for 12 months from the online order date as determined by the conditions listed on this Website and subject to availability. It cannot be used after that time. The gift card is activated by Us when it is ordered online.
The gift card can be used in full or in part up to its value and the remainder paid with another method of payment if accepted. Several gift cards can be used for the same purchase. The gift card is automatically debited its total value if the order amount is greater than the card value when purchasing online.
If the order total is less than the gift card amount, the remaining balance will be returned to the gift card holder as a credit for use on the Beldiamond.com only.
Gift cards ordered on Beldiamond.com are spent by purchasing products from that same Website.
If a gift card is returned, and is not covered by a consumer guarantee or withdrawal period, no refund will be issued. Gift cards will not be replaced or refunded in the event of loss, theft, falsification or expiry.
The gift card cannot be exchanged for cash. It remains a gift card. Furthermore, if a gift card is not used on an order, You cannot later ask Us to apply the gift card to the product ordered.
Article 7. Delivery
We shall deliver the products that you have ordered from us to the address given during your purchase on our website. It’s your responsibility to communicate the correct address and that there is somebody to receive and sign for the delivery of the goods from the delivery service used.
All shipments are free of charge and fully insured.
We will inform You in writing of the progress of Your purchase’s manufacture and dispatch.
7.2. Delivery time
The estimated time of delivery depends on the place of delivery and the type of product. The term of delivery mentioned in the offer is merely indicative and does not create any rights for You. The term of delivery will be mentioned in the offer and – if required – confirmed in the order confirmation forwarded to You. If You order several products at the same time and some of them are delayed, We may split the shipments. In that situation, We will let You know before shipment. The delivery date is deemed to be the date when the products were first presented at the delivery address given.
When the purchased product is shipped, You will receive a shipping reference number by email, by which You can follow up the shipment. Starting from the collection at our headquarter we ask You to make a precise follow up of the shipment and to assure that You will collect yourself or charge a trustful person to collect the purchased product.
7.3. Ownership and risk
Risks are transferred to You once the parcel (which contains the purchased product) has been delivered to Your address, even if the delivery note has not been signed. The date indicated on the delivery document constitutes valid proof of the delivery date. You will be the owner of the goods that you have ordered when these are delivered to you. Once the goods are at Your possession you have to keep them at your own risk and we are not responsible for any eventual damage, loss, theft or destruction.
When You fail to collect the parcel in due time, the parcel will be reshipped to us. We will notify You that the purchased product(s) remain(s) at Your disposal at our offices and we will invite You to collect the purchased product within 2 months. In case you would like us to ship the parcel a second time, additional shipping expenses will be charged.
(i) Your package is returned by the delivery company because of an incorrect address or You have not claimed it within the given time frame.
(ii) You have not answered the phone or replied to Our voice messages or emails notifying You of the situation (particularly if the email address/phone numbers You gave Us are incorrect) and We are unable to contact You within two (2) months of shipping the package.
Beldiamond.com will retain ownership of the products and can dispose of them as it sees fit. We will also retain the payments made to launch the product’s manufacture and You agree that You cannot claim back those paid sums or unclaimed products.
Article 8. Returns & Resizing
8.1 Right of withdrawal
Custom made products such as rings, bracelets, necklaces or earrings which are designed and manufactured to your specifications / or on the sizes you specify, are not subject to refunding and returning under application of the Belgian’s Law provisions – article 47 of the Market Practices and Consumer Protection Act of April 6, 2010. Once an order has been validated on the site, users acknowledge that the transaction has been accepted in full consideration of the description of the jewellery sold, and that it constitutes a firm and irrevocable commitment. The sale is then considered to have been completed and the purchase price is immediately due. From this time on, the user does not have any right of withdrawal, or right of exchange or return (in particular in the event of an error of size or text).
If Custom made products (designed to your specifications and / or custom-made jewellery) do not meet expectations, they can be returned for repair or adjustment under certain conditions:
- If the measurements do not correspond to your designated sizes.
- If there is a manufacturing fault (the product does not meet the specifications set by You as set out in the order confirmation).
In these cases you have 30 days from the date of reception to return the products. We will replace the products as soon as possible, free of charge.
8.2. Return acceptance conditions
The returns provided for in articles above will only be accepted by Beldiamond.com and result in a refund or exchange if:
The return process explained by Our customer service team and stated on the Website has been followed;
- The products are returned in their original packaging, with nothing missing (original certificate if provided, accessories, packaging including gift box, case, instructions, etc.), are in perfect condition and have not been worn. Any incomplete, damaged or dirty items will not be accepted. Please note that some special products cannot be returned. They are clearly marked as such at the time of ordering;
- Our specialists confirm that the setting and stone, and any other element of the product, match the product sent to You and have not been damaged, altered or worked on in any way;
- You have not requested a customized or specific modification of the ordered items (including changing the stone size or using stones with colors not shown in the online catalogue).
8.3. Terms of refund and exchange
We will decide the refund method. This will be in the form of a credit on Your credit card or through direct transfer to Your bank account.
For exchanges, if the new order total exceeds the total of the original order, You must pay the difference by bank transfer or credit card when You request the exchange. Conversely, if the new order total is less than the total of the original order, You will receive a refund of the difference under the same conditions.
Within 24 month from the delivery date, You have the option of returning the ordered products for resizing.
For this, You must inform our customer service team in writing or over the phone of Your decision before returning the products. You will need to tell Us the new size wanted and follow the return process We give You. Your resizing request is only effective once we have confirmed receipt of Your request in writing.
If You return products for resizing to Us, the return postage costs, reshipping and resizing costs are at Your expense. When You receive the resized product, You are no longer covered by the provisions in articles 8.1 and/or 8.2 above. This means that You cannot return resized jewellery. It can take up to 3 (three) weeks to resize Your ring. Resizing is not offered for orders delivered outside the European Union (excluding Switzerland). This is in order to avoid You having to pay unknown customs duties twice.
Article 9. Warranty
9.1. Product Warranties
Our range of jewellery is the result of highly deliberate and carefully considered choices in respect of concept, style, quality, workmanship and safety, with the strictest guidelines applying to all these factors. All our jewels are made by hand and checked by skilled craftsmen with years of experience at every stage of the process. Furthermore, every completed item of jewellery is subjected to our strict general quality control just before it is dispatched to the customer.
The Client benefits from the legal warranty (articles 1649 bis and further, Belgian Civil Code) for any technical defect existing at the time of the Product delivery, if the Client was not or could not be expected to be aware of the defect at the time of the conclusion of the contract, and if it appears within two years from delivery. In this case, the Client may request either the replacement or repair of the Product at no cost, within a reasonable delay and depending on the availability of similar articles, or an adequate discount on the Purchase Price, or the termination of the contract, according to the conditions set up by law. If you do not include both the diamond certificate and appraisal with your return, you will be charged a replacement fee.
The Client shall, however, not be allowed to request the termination of the contract in the case of a minor compliance defect nor if the defect results from normal tear and wear or from abnormal use by the Client or a third party (as set out below).
The Client must inform us by writing of his intention to appeal to the legal warranty at the latest within two weeks from the day he discovered the defect. The Client shall bear the return costs and shall be liable for any loss.
The warranty does not apply to:
- The normal wear and tear of certain articles;
- Defects caused by use which does not correspond to what is set out in the product description and on the certificate;
- Loss of one diamond or more diamonds, unless expert in-house analysis demonstrates that the loss was as a result of a manufacturing error. This does not apply when the lost diamond is the central stone, in which case the Customer will have to refer to their insurance.
- The original invoice and certificates cannot be supplied, have been altered or became unreadable;
- Modification and reparation of the product without our consent;
- The defects and damages caused by the Client ‘s fault.
Research costs to analyze the foundation of claims for hidden defects of a purchased product made by us are at clients’ charges if the claims appear to be not founded.
For products, which are excluded from warranty but have to be repaired, we will forward a tender to the client, previous to any repair. The client can always refuse the tender. In this case the product will be reshipped to the client provided prepayment of reshipment and research costs by the client.
9.2. Website guarantee
Without prejudice to the warranties mentioned above, Beldiamond.com gives no guarantee for the Website and/or its Contents. In particular, we give no guarantee of the conformity of any Website elements for any specific use. We give no guarantee that the Website, Content or any element shown there will always be available, with no interruptions or errors, nor that those errors will be immediately rectified, nor that at any time the Website and its server are free of any virus or other element that may cause damage.
Article 10. Liability
10.1 Beldiamond.com cannot be held liable for products that do not comply with legislation in the country where the jewellery is delivered. You are responsible for contacting local authorities to check the possibility and conditions of importing the jewellery You want to order and complying with them. Furthermore, if You choose to access the Website from a country other than Belgium, this is at Your own initiative and risk. You must comply with local legislation when applicable.
10.2 Photos of the jewellery are provided for illustrative purposes only. Please read the product description for precise details. If anything is unclear or You want other information, please contact Us.
Beldiamond.com has no liability towards You for damages caused by Your own action, omission or fault, any force majeure event as defined by Belgian case law, any third party not tied to Beldiamond.com in the performance of the Contract (for example, problems resulting from telecommunication service and equipment performance, congestion and connection, or Your computer equipment’s performance), or any other event that neither Beldiamond.com nor its suppliers could have foreseen or avoided, even if Beldiamond.com and its suppliers had taken reasonable precautions.
In particular, Your own action, omission or fault is considered to be: any damage or loss that You suffer resulting from Your computer equipment (hardware and/or software) being unsuitable or incompatible with all or part of the Website, and/or the lack of reasonable and necessary protection installed to counter all harmful programs, devices and communications. You alone are responsible for (I) verifying or having someone verify that Your computer and/or telecommunications equipment is suitable and compatible with the Website before using it, and (II) putting in place all reasonable, necessary protection against harmful programs, devices and communications, specifically with anti-virus software.
Beldiamond.com reserves the right to withdraw or change certain services or features of the site without notice. Beldiamond.com reserves the right, at any time and for any reason, to change or interrupt, temporarily or definitively, in full or partially, access to the site, without informing users. Beldiamond.com shall incur no liability for any direct or consequential damages in connection with any change, suspension or interruption of access to the site. In addition, Beldiamond.com may restrict access to certain parts or to its entire site.
Beldiamond.com shall incur no liability for fraud or negligence committed by its employees, subcontractors and implementing agencies.
Beldiamond.com may provide links to third party World Wide Web sites or resources. Beldiamond.com does not control any of these exterior links or sites. You agree that Beldiamond.com is not responsible for the third party site availability, content, advertising, information, products or other materials posted on any third party sites. You further agree that Beldiamond.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by reliance on any third-party sites, their availability, or their content. We strongly recommend that You carry out any checks You deem necessary or appropriate before making any electronic transactions with one of those third parties.
Article 11. Intellectual Property
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users’ content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Website Content”), is the exclusive property of Beldiamond.com and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. Beldiamond.com. Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Beldiamond.com or its licensors. You agree to not use or exploit the Beldiamond.com Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Beldiamond.com Content. All rights not expressly granted in the Terms are reserved to Beldiamond.com and its licensors.
Article 12. Applicable Law & Jurisdiction
All agreements concluded with the Seller are governed by Belgian laws. The Belgian courts have exclusive jurisdiction. These terms and conditions are not applicable on purchases of our products through other channels than provided by Beldiamond.com
Article 13. Other
13.1 If any clause in the Terms and Conditions is declared illegal, null and void or non-applicable for any reason and cannot be automatically substituted with a reasonable clause of similar effect (the parties already agree that this can be done by the competent authority ruling on the dispute, subject to applicable law allowing it), this clause will be considered as separate from the Contract and will not affect the validity and applicability of other clauses to the extent possible under applicable law.
13.2 If Beldiamond.com chooses not to exercise a right granted to it under the Terms and Conditions, this cannot subsequently be interpreted as Our waiver of the right in question nor an obstacle to exercising any other right.
13.3 We can transfer (by whatever means and in whatever form We wish, including merger) Our rights and obligations under the terms of the Contract, without notifying You, to: (i) any entity We are or will be affiliated with, or (ii) any person or entity taking direct or indirect control of all or a significant part of Our goods, capital or voting rights, or those of one of Our affiliated entities. You may not transfer (by any means) the rights or obligations under this Terms and Conditions without having obtained Our prior written consent.
13.4 We may send You notifications provided for in the Contract by: publication on the Website, email, or standard, express or registered post to the address We hold for You on our systems. You agree and acknowledge that any one of these methods of notification (chosen by Us) is sufficient to inform You.
13.5 All issues, questions and disputes concerning these terms shall only be governed and construed by Belgian law.