ARTICLE 1 – OBJECT
This document (General Terms of Sale) defines the terms and conditions applying to sales concluded between, on the one hand, any person visiting the site of www.thea-jewelry.com, hereinafter referred to as the user(s), and, on the other hand, the company Click and Mortar, au RCS of Paris sous le numéro 798 019 238, and having its registered office at 37 rue Saint Sebastien- 75011 Paris- France.
Consequently, by accessing and using the site www.thea-jewelry.com, users agree to comply with all the terms and conditions specified herein. Users should note that these terms and conditions may be updated at any time. Therefore, they should consult this page regularly in order to apprise themselves of any changes made to the said terms and conditions.
No person considered as incompetent, in particular within the meaning of articles 1123 and following of the Civil Code may under any circumstances purchase items on this site.
ARTICLE 2 – ORDERS
The products offered for sale on the site www.thea-jewelry.com are in gold 18 Carats (yellow, pink, white), silver and rose gilded silver, made to order by the designer Emilie Duchêne.
The characteristics of the jewelry are predefined as far as possible by the company Click and Mortar on the web page of each product (typefaces, illustrative photographs, etc.), which enables users to familiarize themselves, before placing a firm order, with the essential characteristics of the jewelry 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.
The ordering process is as follows:
During these various stages, users may view the details of their order and its total price and also correct any errors, if necessary, before confirming the order.
Confirmation of the order implies the user’s acceptance of these terms of sale, his or her acknowledgement that he or she has read them in full and agreement to waive the application of any other 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 is no longer entitled to correct, exchange or return the item(s) ordered (in particular in the case of an error of size or text).
The company Click and Mortar will then send an e-mail confirming the order. This e-mail only confirms receipt of the order by the company.
Once an order has been confirmed, the manufacturing lead time for the creation of each item is approximately 3 weeks. The company will inform the user by e-mail when each item of jewelry has been manufactured. None of these e-mails shall constitute acceptance of the order. No sales contract shall exist between parties until the company Click and Mortar has confirmed by e-mail that the products ordered have been dispatched to the user, and only the items listed in the e-mail confirming dispatch shale be covered by the said contact.
The company Click and Mortar reserves the right to cancel or refuse any order from a user with whom a dispute may exist regarding payment for a previous order or who, in the company Thea Jewelry’s opinion, may represent a risk.
The company Click and Mortar undertakes to meet orders placed on its site subject to stock availability. If one or more items ordered are not available, the company undertakes to inform the user promptly of their non-availability and, if applicable, to reimburse the user within not more than 45 days after payment of the amount due. The user’s order will then be automatically cancelled.
ARTICLE 3 – PRICES
All prices indicated on the site www.thea-jewelry.com are expressed in Euros, inclusive of all taxes, excluding any delivery charges.
The prices of the items proposed on the site www.thea-jewelry.com are valid for 24 hours after their publication on the site. Products are billed on the basis of the prices in force at the time the order is placed.
The price is payable in full in a single payment.
Products shall remain the property of the company Click and Mortar until payment in full has been received.
The company Click and Mortar shall do everything possible to ensure that all the details, descriptions and prices which appear on its site are accurate, but errors may occur. If an error is noted in the price of items that the user has ordered, the company shall inform the user accordingly as soon as possible by e-mail and shall offer him or her the possibility to re-confirm the order at the real price or to cancel it.
Payment is due by the user immediately after the order has been placed. Users then pay for their order using the Ingenico Payment Services system or Paypal. Orders will be processed upon receipt of Ingenico Payment Services and Paypal approval, in accordance with the procedure described in article 4.
Users can obtain an electronic bill from the site. To that end they must specify the electronic address to which the bill is to be sent.
VAT payment conditions:
Unless stipulated otherwise, the prices indicated on the site include VAT at the Belgian tax rate.
- Items dispatched to Belgium:
Consumers and businesses: the sale includes VAT at the Belgian rate of 21%.
- Items dispatched to another European Community country:
Consumers: the sale includes VAT at the Belgian rate of 21%.
Businesses: the sale is exclusive of VAT (provided that a valid intra-community VAT number is provided).
ARTICLE 4 – PAYMENT ARRANGEMENTS
The site has chosen to receive payment by credit card via Ingenico Payment Services, a secure payment system which encrypts all the information relative to the use of cards during online payment transactions via the site.
The following cards are accepted: Visa, MasterCard or American Express. The online payment page requests users to enter their card number, its expiry date as well as the card’s security code (3 digit number on the back of the card).
The site shall incur no liability for the consequences of the use of credit cards (fraudulent or other) which might be made by third parties, including via intercepted messages.
Once the order has been completed, users are redirected to Ingenico Payment Services' secure site in order to finalise payment of the full amount of the order. This system guarantees the confidentiality of the payment data (in particular credit card numbers) because the site is never aware of the user’s credit card number, which is received by the financial institution in encrypted form. The site receives a certificate issued by Verisign, which confirms the reality of the existence of Ingenico Payment Services and the use of an SSL certificate for the encryption of confidential data.
Once payment has been accepted and confirmed, Ingenico Payment Services checks and executes the payment.
ARTICLE 5 – OWNERSHIP-RISKS
Ownership of products is transferred only after receipt of payment in full of the product price, irrespective of the delivery date.
In the case of items sold to a consumer (within the meaning of the Belgian law of 6 April 2010 on market practices and consumer protection), the risk is transferred at the time the product is delivered to the user.
In the case of sales to a business, the risk of loss is transferred to such clients as soon as the parcel is handed to the carrier.
The date indicated on the delivery document constitutes valid proof of the delivery date.
ARTICLE 6 – DISPATCH AND DELIVERY
As the jewelry sold on www.thea-jewelry.com is custom-made, the manufacturing lead-time for jewelry ordered on the site is approximately 6 weeks with effect from the confirmation of the order. The company Thea Jewelry will send an e-mail to inform the user when the jewelry has been produced.
After this e-mail has been sent, the order is prepared and dispatched as soon as possible by the company, and in any event not more than 45 days after the date of manufacture of the product (subject to validation of payment). A further e-mail is sent to the user when the parcel is dispatched by The company.
Deliveries are made everywhere around the world.
Products are delivered to the address indicated by the user at the time the order is placed.
Delivery is handled by Bpost for Belgium and by UPS for other countries.
Delivery rates are as free without minimum.
Products are delivered only during the 5 working days in the week (no deliveries will be made during the weekend). Users should note that orders registered on the site on Friday afternoon will not be processed until the following Monday.
Delivery times are as follows:
- 1 to 2 working days for Belgium with Bpost.
- 2 to 3 working days for worldwide deliveries with UPS,
These delivery times are provided for information purposes only.
The company Click and Mortar shall incur no liability in the event of delays, loss of products ordered or strikes which are due to the postal services or carrier. In such cases, the user must take the appropriate action directly with the postal services or carrier.
In order to ensure that products arrive in perfect condition and are protected during transport, all products are carefully packed by the company in accordance with applicable standards. Users must check the packaging and the products at the time of delivery.
Any problems concerning the items delivered (damaged, missing articles, broken or faulty items, etc.) must be communicated to Thea Jewelry within 3 days (including public holidays) after delivery (as per postmark). This notification, stating all the user’s reservations and claims relative to the nonconformity of the products delivered or defects, is to be sent by e-mail (email@example.com) and by registered letter with acknowledgement of receipt to:
Thea Jewelry sprl
Dreve de Lorraine 43
No claims will be accepted after this period.
ARTICLE 7 – RETURNS
In accordance with the Belgian law on market practices and consumer protection of 6 April 2010, as the items sold on thea-jewelry.com are custom-made according to the client’s personalized specifications, the client does not have any right to cancel the purchase (right of withdrawal) or right to return or exchange products.
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 jewelry 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).For the non personalized items (in the Ready To Wear page), you have the right to withdraw it in 14 days
Each jewel comes with a six-month guarantee. If something should happen to your jewel during this period, we will carry out the necessary repair. Please follow the steps before sending back your jewel:
As a confirmation, you will receive an email with the form that should be filled by your behalf and sent with the jewel. Your jewel must be sent to our office (regretfully at your expense) and it’ll be returned (absolutely free of charge) within 2 to 4 weeks from when we receive it.
If your jewel is no longer under guarantee, we can obviously repair it.
Repair prices are as follows:
The prices are merely indicative and we reserve the right to modify the tariff if your jewel is unusually damaged.
Please, before sending back your jewel, follow the steps below:
Your jewel must be sent at your expense to the address below and it’ll be returned to you at your expense within 2 to 4 weeks from when we receive it.
For more information or help at any time, please send an email to (firstname.lastname@example.org)
Please note: the parcel remains under your responsibility until the package is received by Thea Jewelry. For your protection, we suggest shipping via a traceable service to avoid missing and/or lost packages. We recommend using a postal service that we insure you for the value of the goods you are shipping. No additional custom fees will be paid by Thea Jewelry.
ARTICLE 8 – LIABILITY
The company Click and Mortar shall incur no liability for any delay or failure to fulfill the order due to a technical problem or any other cause outside its control. In such cases, the site shall be entitled to delay dispatch and delivery or cancel the order.
The company Click and Mortar shall in no event incur any liability for any inconvenience or damage inherent in the use of the Internet, in particular connection interruptions, outside interference or the presence of computer viruses, or any other events of force majeure.
The company Click and Mortar does not guarantee the accuracy of the information posted on this site and shall incur no liability for any damage incurred as result of any inaccuracy, including direct and consequential damages, or the loss of enjoyment resulting from the use of the site.
The company Click and Mortar reserves the right to make changes to its site and its content at any time, including to its rates, descriptions and stock, without notifying users, whether or not they are registered with the site. The photographs and illustration of products on the Internet site www.thea-jewelry.com shall have no contractual value and the company shall in no event incur any liability in this regard.
The company Click and Mortar reserves the right to withdraw or change certain services or features of the site without notice. The company 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. The company Click and Mortar 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, the company Click and Mortar may restrict access to certain parts or to its entire site.
The thea-jewelry.com site may contain hypertext links directing users to other sites. The company Click and Mortar shall in no event incur any liability for the content of such web sites should they infringe legal and regulatory provisions in force, or for the consequences of the use of these sites by users.
The company Thea Jewelry shall incur no liability for fraud or negligence committed by its employees, subcontractors and implementing agencies.
ARTICLE 9 – INTELLECTUAL PROPERTY
All the jewelry creations, text, comments, illustrations and images reproduced on www.thea-jewelry.com are the latter’s exclusive property and are protected by intellectual and/or industrial property rights throughout the world.
Users may only store, print or display the content provided for their personal use. Users are not authorized to publish, handle, distribute or reproduce, in any format, all or part of this site’s content. They may in no circumstances alter, translate, reverse engineer, decompile or disassemble or create derivative works based on the support software or documentation provided by Click and Mortar.
“Thea Jewelry” is a registered trademark, which is owned exclusively by the company Click and Mortar. Users are not authorized to use this trademark in any way and they agree not to use this trademark or similar trademarks without the prior, written consent of the company.
Any hypertext link from this web site, whether using the framing or in-line linking technique, is formally prohibited without the prior, written consent of Click and Mortar.
ARTICLE 10 – CONFIDENTIALITY POLICY
In accordance with the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, thea-jewelry.com undertakes to protect the privacy of its users.
Collection and use of data
The company Click and Mortar reserves the right to collect user date, in particular when a user places an order on the site. All the personal data collected are intended exclusively for the company’s internal use.
The user information and data requested by the site www.thea-jewelry.com are necessary for registering and following-up orders, and to ensure that the company’s business is managed efficiently. They also enable the site www.thea-jewelry.com to provide its users with customized services and improve the relevance of the information provided to clients. In using this site, users agree that their personal data may be processed on the basis described below and warrant that all the data provided by them are correct. The following data are collected on the site: surname, first name, date of birth, e-mail address, address, country, telephone number, credit card number and expiry date. Users are informed that these data are processed automatically.
When users visit the site thea-jewelry.com or send e-mails to it, they agree to receive electronic communications from Thea Jewelry, such as newsletters, so as to be kept informed on a regular basis of offers available on the site.
Users can unsubscribe from this newsletter, by clicking the link at the bottom of each newsletter or on the site www.thea-jewelry.com.
These cookies are used to collect information in an anonymous way on the site pages and aspects consulted. This information is not matched with other information making it possible to identify the user personally, but the information is aggregated in order to inform thea-jewelry.com about the way in which the public uses the site. Information on items added by users to their basket is stored so that items selected by users are not lost between visits, but the identity of the user is not known to the company, unless he or she places an order.
When users navigate within the web site, the cookies of business partners may be placed on their computer. These cookies are intended to identify the information consulted or items purchased on the site www.thea-jewelry.com and to collect browsing data in order to customize marketing offers sent to users outside the site.
Within the framework of such advertising partnerships, he company may transmit data to its partners on the items consulted by users and the nature of their purchases.
Right of access and correction:
In accordance with the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, users have the right to access their personal data and correct, change and delete data at any time, by sending an email to email@example.com.
The company Click and Mortar reserves the right to make changes to its confidentiality policy at any time, for any reason.
ARTICLE 11 – INVALIDITY
If any part of these General Terms of Sale is deemed to be invalid, this shall not affect the other terms and conditions which shall remain in full force.
Where these General Terms of Sale are silent on any matter, it shall be deemed to be governed by the practices of distance selling companies that are headquartered in Belgium.
ARTICLE 12 – DURATION
These terms and conditions shall apply throughout the period during which the company Click and Mortar offers its services online.
ARTICLE 13 – PROOF
The computerized records stored in the computer systems of the site www.thea-jewelry.com and its partners under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties.
ARTICLE 14 – GOVERNING LAW AND JURISDICTION
These General Terms of Sale shall be governed by Belgian law. In the event of any disputes, the applicable law shall be Belgian law and the courts of the judicial district of Brussels shall have exclusive jurisdiction.
Thea Jewelry sprl
Dreve de Lorraine 43
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