Introduction

The following general terms and conditions regulate on the one hand the use of the sales website with url www.flawlessdiamonds.be (“Website”) of Flawless Diamonds BVBA, with registered office at Hoveniersstraat 50 – 2018 Antwerpen – Belgium with VAT number BE0845.331.838 and on the other hand the online sales of specific goods (“Products”) through the Website by Flawless Diamonds. The Website was created and is governed by Flawless Diamonds. The users of the Website (”Users”) may view the information on the Website’s screen and print out this information for personal use.

Each and every User who wants to make a purchase affirms to be a natural person and to have authority to act. Any and all people who do not have any authority to act, may under no circumstances make purchases on the Website. Consulting the Website and the services offered on the Website fall under the competence of the legal representative, who must comply with the present terms and conditions. With regard to providing personal data, the legal representative must anyhow personally fill out the registration form or must explicitly authorize the person declared incompetent to fill out the said form, provided that the provisions regarding personal data elaborated in article 11 remain in full force.

Parties agree that the mutual legal relationship is exclusively governed by the present agreement, with the exception of all prior terms and conditions specified on the Website.

Object

The object of the present terms and conditions is to regulate the sales modalities between Flawless Diamonds and the User regarding orders, service, payment and delivery and therefore regulate the actions required for placing the order and guarantee the follow-up of that order between the contracting parties.

Order

The User has the possibility to click on the desired Product. The online order will be processed only after the User has clearly identified himself. Each time an order is placed, the present general terms and conditions, price and description of the Product offered for sale are deemed to have been accepted. Each and every order will be final only after payment by the User, pursuant to article 5 of the present terms and conditions.

Flawless Diamonds undertakes to process the orders placed on the Website while stocks last. Within 24 hours after receiving the order from the User, Flawless Diamonds will send the User an e-mail by way of confirmation to the e-mail address given and mentioning the order number. When placing the online order, the User has to click on the desired mode of payment (payment by credit card or through home banking) and the desired location of delivery if applicable.

Supply

The Products supply takes place at Flawless Diamonds’s warehouses. Irrespective of the provisions in the previous paragraph, User and Flawless Diamonds may agree that Flawless Diamonds will take care of the transport from the warehouses to the User’s delivery address. The risk of storage, loading, transport and unloading then remains with the User, unless otherwise agreed or unless the User has taken out an additional insurance to cover this risk. The shipping costs will be borne by the User, unless otherwise agreed, and will be explicitly mentioned when placing the order. Partial deliveries may not be refused. Transportation costs will always be borne by the User, even in the event of a full or partial return of the Products.

Flawless Diamonds undertakes to deliver the Products as soon as possible, agreeing a 30 days delivery period as target period. However, Parties accept that the delivery period may be longer than the target period mentioned above, due to exceptional circumstances beyond the control of Flawless Diamonds.

On delivery of the purchased Products, a valid document of identity must be submitted. Only the person having placed the order may receive the Products. Flawless Diamonds reserves the right to not deliver the Products if no valid document of identity is shown.

Payment

Unless otherwise agreed between the Parties, all amounts due are payable in cash at the registered office of Flawless Diamonds and this at the time of delivery at the very latest. When placing the order, the User may choose from the following payment modes:

By means of a bank card (credit card)

The User may pay the Products by credit card when placing the order. The User must give the number of his/her Visa or Mastercard, together with the control number (CVC number) and the expiry date, after which the owed amounts are immediately credited.

By means of Paypal / Ogone

The User may pay the Products by Paypal/Ogone when placing the order. When this type of payment is used, the sale between the Parties will only be final after actual reception of the money by Flawless Diamonds.

Returning the Products

The User is entitled to revoke his online order within 14 calendar days following the day of delivering the Products. The purchased Product must be returned in undamaged state and in the original and sufficiently stamped box to Flawless Diamonds ’s return address mentioned below. The User must give his account number so that Flawless Diamonds can make the return payment of the purchase price. Only the amount actually paid will be returned, within 30 days after the Products have been received at the return address. The return address is: Flawless Diamonds office located at Rijfstraat 3 – 2018 Antwerpen – Belgium.

The shipment costs for returning the Products ordered online shall be borne by the User, unless the delivered Product did not meet the description of the Product as stated in the order (e.g. as a result of damage). Damaged Products must be returned to the return address within a fortnight, together with a description of the damage and sufficiently stamped at normal postal rates. Damaged articles will be refunded within 30 days after reception of the Products at the return address.

Warranty

All Products have a 2-year warranty, starting on the date of delivery of the Products. Parties accept that the nature of the Products may not justify any legal assumption that lacks of conformity are assumed to have existed at the time of delivery. Defects caused by accidents, negligence, misuse, use that is not in accordance with the manual or wear and tear (by the very User or by third parties) do not fall under the warranty and do not constitute a lack of conformity. Considering the foregoing, balls do not fall under this warranty.

The claim under the warranty must be made by returning the Products (that must be hygienic and pristine) together with the receipt to the return address stated in article 6.

The User must indicate in a very visible way where the article shows a defect. Flawless Diamonds’s warranty service will subsequently decide whether the Products show a defect and whether this defect falls within the warranty. Should this not be the case, the Products will be returned to the User without being repaired.

Prices

All prices are inclusive of VAT and are invoiced in accordance with the rate applied to the Products on the date when the User has placed the order. However, Flawless Diamonds is entitled to adapt the prices shown on the Website, should any circumstances beyond its control cause an increase of the price, such as in the event of increasing delivery costs, wages, social charges, transportation costs, etc…

Signature & Proof

Each and every User who does not yet have a User number, must follow the registration procedure stated on the Website, after which he/she will be given a User number. The final confirmation of the order by the User will count as approval of the order at the set price. This User’s confirmation counts as signature and explicit approval of all actions made through the Website.

Liability

The Website is meant to offer general information to the User on Flawless Diamonds’s activities and with regard to access to the Website, ordering process, delivery or other services, Flawless Diamonds only has a best efforts obligation, unless otherwise specified in these terms and conditions.

Flawless Diamonds will make every effort to make sure that the Website is at all times accessible to a normal number of Users. However, Flawless Diamonds is at all times entitled to fully or partially stop the access to the Website due to maintenance, updates or any other reason, even without prior warning.

Flawless Diamonds may not be held liable for any nuisance or damage as a result of internet use, in particular due to a breakdown of the system, intrusion by outsiders or by a virus nor for any information possibly put onto or processed by third parties on the website or by any other fact that is considered by legislation as force majeure. Flawless Diamonds will by no means bear liability for any possible indirect damage such as loss of income, customers etc. Flawless Diamonds’s liability is anyhow limited to the purchase price of the Products, irrespective of the legal ground on which Flawless Diamonds is deemed to be held liable.
 

Protection of privacy

Flawless Diamonds reserves the right to collect data from the User for exclusive internal use, both by directly collecting the data given by the User when ordering and indirectly (e.g. by means of cookies). These data may be passed on to organizations that are bound by contract to Flawless Diamonds (such as trading partners, associations, charitable institutions or lobbies) and that want to send personalized offers to the User or keep the User informed on promotions.

The User is at all times entitled to look into, modify and have these data removed if the User no longer wishes to receive information on the activities. To this purpose, the User may contact Flawless Diamonds in writing.

Intellectual property

All parts of Flawless Diamonds’s Website, both visual and sound elements, including the technology used for that purpose, are protected by copyrights, brands or licences or more generally by the law on intellectual property. They are exclusively owned by Flawless Diamonds.

Users who have their own website on Internet and who, even for mere personal use, wish to create an automatic link between their own website and Flawless Diamonds’s homepage, must obtain Flawless Diamonds’s exclusive authorization to do so.

However, each hypertext link coupled back to Flawless Diamonds Website by means of the framing or in-line link technique is explicitly forbidden. Each link must anyhow be removed at Flawless Diamonds’s request.
 

General

Flawless Diamonds may at all times modify the present terms and conditions without prior notice.

The nullity of any of the provisions of these terms and conditions will have no effect at all on the validity of the other provisions of these terms and conditions and will not result in the nullity of these provisions. The User acknowledges to have read the present general terms and conditions and declares to accept all provisions, conditions and prices.