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Preliminary note

Use of the website

These General Conditions apply to the website antwerpdiamonds.direct served and operated by Alpilex Diamond Mfg. BVBA , registered at RPR Antwerpen  with vat nr 0 433 242 085 and a member of the antwerp diamond bourse, hereinafter referred to as the supplier.. By using this website you commit yourself (hereafter the client) to accept and to respect these general conditions.

Purchase at antwerpdiamonds.direct

Moreover these general conditions apply to all contracts concluded with the supplier in case of purchase of (loose) diamonds. They contain all mutual rights and obligations between the client and the supplier..

The client declares that previously to the conclusion of any contract (regarding loose diamonds) with the supplier., he/she took notice of the general conditions (as published on the website antwerpdiamonds.direct) of the supplier. and declares expressly to accept them. This declaration of acknowledgement and acceptance is automatically done from the moment of agreement with the offer and the subsequent payment of the agreed amount and will be formalized by an electronic confirmation or by signing on the bottom of the invoice.

This website has been created and is managed by Alpilex Diamond Mfg. BVBA Pelikaanstraat 78,Room 605, Box 140, 2018 Antwerp Belgium, Belgium and  registered at RPR Antwerpen  with vat nr 0 433 242 085 and a member of the antwerp diamond bourse.

 Article 1. DEFINITIONS, SCOPE OF APPLICATION AND OBJECT

 1.1. Definitions

    Alpilex Diamond Mfg. BVBA. :Alpilex Diamond Mfg. BVBA Pelikaanstraat 78,Room 605, Box 140, 2018 Antwerp Belgium, Belgium and  registered at RPR Antwerpen  with vat nr 0 433 242 085, acting under the commercial brands www.antwerpdiamonds.direct &        antwerpdiamonds.direct

    Purchaser: any natural person or person created by law who enters into a contractual relation of any type with Alpilex Diamond Mfg. BVBA.;

    Consumer buyer: any natural person or person created by law who buys products or services present on the market;

    Client: any person/party who accedes to the Alpilex Diamond Mfg. BVBA. website and who has or not a contractual relation with   Alpilex Diamond Mfg. BVBA

     Person: any natural person, a person or party created by law, or a factual association;

     Products: the object of one or more contracts;

     Prices: the mere indication of a product price never contains a final offer. It can never be a source of rights for the client.

1.2. Scope of application

      Derogations

      Unless expressly agreed otherwise in a written form, no derogations to the present general conditions will be accepted.

      All clauses which were no subject to derogation will remain fully in force.

      General & Billing Conditions of the client

      The client's own general and/or billing conditions will never apply to the contracts concluded with Alpilex Diamond Mfg. BVBA

      Worldwide sales

      Alpilex Diamond Mfg. BVBA  products are sold worldwide.

 1.3. Stocks, offers, availability, mistakes, clerical errors & comprehensive information provision

Stocks and Offers

The products shown and described on Alpilex Diamond Mfg. BVBA's website give an overview of the complete stock of Alpilex Diamond Mfg. BVBA The product price mentioned on the website of Alpilex Diamond Mfg. BVBA does not contain a definite price offer. Clients' expression of his intention to purchase a product is not enough to conclude a contract with Alpilex Diamond Mfg. BVBA Alpilex Diamond Mfg. BVBA refers to art. 1.4. of the present general conditions.
Alpilex Diamond Mfg. BVBA aims at maintaining a stock of products shown and offered on her website. Yet Alpilex Diamond Mfg. BVBA will never be able to guarantee that she can supply the product that the client is willing to buy. The client can always contact (by phone or mail) Alpilex Diamond Mfg. BVBA, to verify the availability of a product. Alpilex Diamond Mfg. BVBA will do its utmost best to deliver the ordered products. In case of unavailability of the product , and even if the (potential) client has transferred money to Alpilex Diamond Mfg. BVBA by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Alpilex Diamond Mfg. BVBA to deliver and Alpilex Diamond Mfg. BVBA can still decide to repay the same sum. Of course Alpilex Diamond Mfg. BVBA commits itself to communicate as soon as possible the reason of repayment. 

Gift certificates

If available, clients can purchase gift cheques on the website and in all points of sale of  Alpilex Diamond Mfg. BVBA  These gift cheques can be used as a payment instrument in order to purchase products shown and described on the website and this by using a single-use code. The value of the gift cheque will always be deducted from the price (VAT included) of the purchased jewel as mentioned in the order confirmation. Additional taxes (i.e. import taxes, local taxes outside EU) are at clients' charge.

Mistakes and clerical errors

Information, pictures, descriptions on the website of Alpilex Diamond Mfg. BVBA or the information given by email, by chat communication - and/or by phone are as precise as possible. But Alpilex Diamond Mfg. BVBA can not be held liable for mistakes, clerical errors, erroneous mentions or lack of information.
When the client faces unclear information he can always contact a representative of Alpilex Diamond Mfg. BVBA Contact data of Alpilex Diamond Mfg. BVBA are mentioned in the present General Conditions and on the website or with a tailor-made quotation. In case of unavailability of the product, and even if the (potential) client has transferred money to Alpilex Diamond Mfg. BVBA by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Alpilex Diamond Mfg. BVBA to deliver and Alpilex Diamond Mfg. BVBA can still decide to repay the same sum. Of course Alpilex Diamond Mfg. BVBA commits itself to communicate as soon as possible the reason of repayment. When the price of a product, mentioned in the offer or a quotation, is different from the real price, a representative of Alpilex Diamond Mfg. BVBA will contact the client, before expedition of the purchased product, in order to leave him the possibility to either pay the price difference, or to renounce the purchase. Alpilex Diamond Mfg. BVBA apologises for the troubles which could be caused by this.

Pictures

Alpilex Diamond Mfg. BVBA exerts herself to give a realistic and detailed picture of her products on her website. It could happen that a product is enlarged or reduced on the picture in order to allow the client to have a detailed view of the product. The client must be aware that each screen is calibrated in a different way so that image and colours can be slightly different from reality.
 

Availability

The client can verify the availability of a product on the website of Alpilex Diamond Mfg. BVBA The data concerning a product (i.e. the price) are subject to daily changes and do not bind Alpilex Diamond Mfg. BVBA In case of unavailability of the product , and even if the (potential) client has transferred money to Alpilex Diamond Mfg. BVBA by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Alpilex Diamond Mfg. BVBA to deliver and Alpilex Diamond Mfg. BVBA can still decide to repay the same sum. Of course Alpilex Diamond Mfg. BVBA commits itself to communicate as soon as possible the reason of repayment.

 

1.4. Conclusion of the contract

Purchase through the website of Alpilex Diamond Mfg. BVBA by an internet client

Intention to purchase: Previous to the conclusions of any contract between an internet client and Alpilex Diamond Mfg. BVBA the client must select a certain product and fill in the data asked by Alpilex Diamond Mfg. BVBA  By doing so the client only expresses his intention to purchase a certain product. 

Offer and order confirmation:

  • Upon reception of the clients' intention to purchase, Alpilex Diamond Mfg. BVBA will, immediately forward a definite offer to the client.

Validity time of the offer and confirmation of the offer: Each offer of Alpilex Diamond Mfg. BVBA is conditional. Each offer has a validity time of maximum five (5) working days, starting from the moment that Alpilex Diamond Mfg. BVBA forwards the offer to the client.
Provided that no contract has been concluded and/or that Alpilex Diamond Mfg. BVBA did not receive any payment, nor any confirmation of payment (by bank transfer), the offer will be lapsed, notwithstanding the right of Alpilex Diamond Mfg. BVBA to extend the running time of the offer. This means that the offer and the guaranteed price are only valid during the running time or during the extended running-time of the offer. Extension of time can only be granted expressly and in written form by Alpilex Diamond Mfg. BVBA

Formation of the contract:
The contract is concluded provided that the client has unconditionally accepted the offer and has expressly accepted the general conditions of Alpilex Diamond Mfg. BVBA and that Alpilex Diamond Mfg. BVBA forwarded an unconditional order confirmation to the client. When the offer has been made by use of the website of Alpilex Diamond Mfg. BVBA the order confirmation is forwarded to the client by mail on the mail address supplied by the client. The contract between the client and Alpilex Diamond Mfg. BVBA always provides an explicit resolving clause.

Explicit resolving clause:
Each contract concluded with Alpilex Diamond Mfg. BVBA is subject to the resolving condition of payment of the purchase price within the period as précised hereafter. Alpilex Diamond Mfg. BVBA explicitly refers to art.1184 of the Belgian Civil Code. In case Alpilex Diamond Mfg. BVBA did not receive any payment, nor any confirmation of payment (by bank transfer), within five working days after the offer has been forwarded by Alpilex Diamond Mfg. BVBA to the client , Alpilex Diamond Mfg. BVBA will be entitled to resolve the contract in a unilateral manner and without notification of the client.

Valid contract:
When the contract has been concluded through the website, both the client and Alpilex Diamond Mfg. BVBA explicitly declare that the contract has been valuably concluded by means of electronic communication. Parties declare that the contract has obligatory force notwithstanding the lack of physic signature. The electronic data of Alpilex Diamond Mfg. BVBA are accepted as evidence.

Breach of contract:
To avoid abuse, all costs, forthcoming out the payment method chosen by the Client, will be deducted from the refund of the total amount paid by the Client, in the case the Client wishes to cancel the agreement before delivery of the ordered product.

Alpilex Diamond Mfg. BVBA is committed to delivering high quality  products at the best possible price/quality ratio.

Article 2. AVAILABILITY, IDENTIFICATION, SECURITY

2.1.   Availability

The Alpilex Diamond Mfg. BVBA website will be available every day, 24 hours a day. (see art.9 and 10 of the present general conditions)

2.2.   Access and use

To receive an offer from Alpilex Diamond Mfg. BVBA via internet, the client has to identify himself and use the identification mode provided by the website. Alpilex Diamond Mfg. BVBA exerts herself to secure as much as possible the communication line for ‘access to' and ‘use of' the website of Alpilex Diamond Mfg. BVBA NV. For this purpose Alpilex Diamond Mfg. BVBA can at any moment change the access procedure, the identification mode, the access to this identification mode and the security measures, required by i.e. the technical evolution.

2.3.   Use of a password

In some cases the client will have to use a password to access certain parts of the website(s) of
Alpilex Diamond Mfg. BVBA The access to these parts without using the password is strictly forbidden. The client has to keep the received password secret. The client commits himself to inform Alpilex Diamond Mfg. BVBA immediately in case his password has been disclosed to thirds or in case he received the password through person/company other than Alpilex Diamond Mfg. BVBA NV. Any use of the services of Alpilex Diamond Mfg. BVBA, if required after the valuable identification of the password, will be considered as been executed by the client. In case Alpilex Diamond Mfg. BVBA has reasons to believe that the security of her website is in danger, she will be entitled to alter the clients' password.

2.4.   Suspension of the service

Maintenance, modifications, improvements

Alpilex Diamond Mfg. BVBA is entitled to suspend the services of her website and the connected systems when maintenance, modifications and improvements have to be done. If possible Alpilex Diamond Mfg. BVBA will warn the client beforehand.          

Technical incidents, force majeure, urgency

In case of a technical incident, in case of force majeure or in case of urgency, interruptions could occur without previous warning. In case of a partial or a total denial of access to the website, Alpilex Diamond Mfg. BVBA NV will -if possible- try to explain the reasons to the client. Alpilex Diamond Mfg. BVBA refers to the provisions of art. 9 and 10 of the present general conditions.

2.5.   In case of problems

The client is requested to contact a Alpilex Diamond Mfg. BVBA representative – as identified in art.16 of the present general conditions and on the website – in case the client faces problems as consequence of the interruption of the website, as mentioned in art.2 of the present general conditions.

 

Article 3. PRICES, METHODS OF PAYMENT AND PAYMENTS

3.1.   Prices

Prices are not negotiable. Once the agreed price has been paid (fully or via partial payment), the price is fixed and will not be changed, whatever reason (promotions, etc) brought by the client.

Prices are in €, $

Prices on the website are in €, $

Overview of prices and transparency

In general: Alpilex Diamond Mfg. BVBA guarantees that her product offer gives a correct and transparent overview of prices and of all elements of that price.
Costs connected to the method of payment: Certain payment methods (see art.3.2. infra) can result in additional costs. This will be clearly communicated to the client.
Calculation of the costs: VAT, local taxes, import and export charges and taxes, delivery costs, will be calculated in function of the place of delivery.
Promotional and/or special discount prices (in any form) are not cumulative. 
Internet client: The price mentioned by Alpilex Diamond Mfg. BVBA in her offer to the client is due by the client, according to art.1.4. of the general conditions.
Non internet client: The price indicated in the invoice of Alpilex Diamond Mfg. BVBA is due by the client.

Errors in the price offers

Alpilex Diamond Mfg. BVBA is entitled to correct errors (of manipulation), like -but not exclusively- evident mistakes, even after conclusion of the contract. Alpilex Diamond Mfg. BVBA refers -when required so- to art. 1.3. ‘Errors and mistakes and erroneous mentions' and to art.1.4. of the general conditions.

Product offer

Once the client has communicated his intention to purchase, Alpilex Diamond Mfg. BVBA will make forward an offer to the client in which the VAT tariff will be mentioned. If required so, Alpilex Diamond Mfg. BVBA refers to art.1.4. of the present general conditions.
The costs of delivery are paid by Alpilex Diamond Mfg. BVBA
In case of delivery outside the EU, prepayment of export and import charges and taxes, and other local taxes and charges can be asked to the client.

What do the prices found on www.antwerpdiamonds.direct include?

Prices & taxes payable to Alpilex Diamond Mfg. BVBA depend on the country of destination (= country where the purchased items have to be delivered).

Clients within the EU

Prices (payable to Alpilex Diamond Mfg. BVBA) will be increased with the appropriate VAT rate of Belgium, which is 21% except for Germany where the local VAT of 19% is applicable and France where the local VAT of 20% is applicable.

Clients outside the EU

Prices payable to Alpilex Diamond Mfg. BVBA remain exclusive VAT. Thus no VAT is applicable, but most countries apply on delivery a border tax and/or local taxes, which our clients have pay to the delivery courier.

3.2.   Methods of payment

Internet client

The client who received, and unconditionally accepted an offer of Alpilex Diamond Mfg. BVBA, according art. 1.4. of the general conditions, can pay in the following ways:
- Bank transfer
- Visa, Mastercard,  Maestro, Bancontact, Ideal, Paypal.
- Gift cheque of Alpilex Diamond Mfg. BVBA

Extension

Alpilex Diamond Mfg. BVBA can change and/or extend the payment means. These modifications and/or extensions will be communicated through the website of Alpilex Diamond Mfg. BVBA

SSL Technology

In order to guarantee the security of on line payments and personal data of the client, the on line transactions will be encrypted by SSL technology.

Specific Conditions  

When payment is done by credit card, the conditions of use of this card are determined by the card issuer. Alpilex Diamond Mfg. BVBA is not involved in the relation between the client and the card issuer.

 Article 4. Terms of Delivery

4.1.   In general
  • With ‘delivery’ we mean – unless otherwise defined – first delivery to the client in case of a purchase.
  • Alpilex Diamond Mfg. BVBA takes cost and insurance of the first delivery due to a purchase at her charge. Reshipments, 2nd or later deliveries after adjustment or repair, fall under the client’s responsibility. 
  • Purchased products will only be delivered by Alpilex Diamond Mfg. BVBA after payment or confirmation of payment according to art. 1.3. and 1.4. of the present general conditions.    
  • Purchases on the website of Alpilex Diamond Mfg. BVBA N.V are dispatched worldwide. Alpilex Diamond Mfg. BVBA works together with transport companies specialized in the forwarding of valuable goods. Depending on the place of delivery, the purchased products will - in most cases - be forwarded by one of the following companies:INTEX,Fed-Ex, UPS,
  • If Alpilex Diamond Mfg. BVBA fails to respect the delivery period to which they have committed, you, as the customer, retain the right to refrain from purchasing the product.

4.2.   Term of delivery

Calculation of the term

The estimated time 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 the client. The term of delivery will be mentioned in the offer and – if required – confirmed in the order confirmation forwarded to the client. 

Expedition between 2 at 10 working days

Alpilex Diamond Mfg. BVBA exerts herself to deliver the purchased products as soon as possible. A term of delivery of 2 to a maximum of 14 working days should be taken into account by the client. In most cases maximum 8 working days in Europe and maximum 14 working days outside Europe. This delivery term starts from the day of reception of the payment on the account of Alpilex Diamond Mfg. BVBA.
For investment packages a maximum delivery of 30 days should be taken into account.

Delay in delivery

Alpilex Diamond Mfg. BVBA exerts herself to notify delays in deliveries to the client, by mail, fax or telephone, within 24 hours.

4.3.   Delivery address

Internet client

Purchased products will be delivered at the place mentioned by the client in his intention of purchase or in the acceptation of the offer. Client can be asked to sign a delivery note when the purchased goods are delivered. To avoid fraud Alpilex Diamond Mfg. BVBA recommends the client to give his address mentioned on his credit card or known by the financial institution of the client.

4.4.   Follow up of shipping

Reference number

When the purchased product is shipped, the client will receive a shipping reference number by email, by which he can follow up the shipment online  starting from the collection at Alpilex Diamond Mfg. BVBA Alpilex Diamond Mfg. BVBA asks the client to make a precise follow up of the shipment and to assure that he will collect himself or charge a trustful person to collect the purchased product.

Control of the shipped parcels

Alpilex Diamond Mfg. BVBA recommends her clients to check shipped parcels previous to the signature of the delivery note for apparent defects, such as i.e. fissures and dents.

4.5.   Packaging of the product

All purchased products ready to be shipped by Alpilex Diamond Mfg. BVBA are packed in a fitted, high quality box to protect the purchasedproduct during the shipping. This box can be perfectly used as a gift-wrap,

4.6.   Insurance of the shipped product

Risk-free

Each shipment made by Alpilex Diamond Mfg. BVBA in case of a first delivery to a client due to a purchase is fully insured (risk-free). Alpilex Diamond Mfg. BVBA takes in this case all shipping risks at her charge. For security reasons the client can be asked to sign a delivery note when the purchased goods are delivered. Alpilex Diamond Mfg. BVBA asks the client to make a precise follow up of the shipment and to assure that he will collect himself or charge a trustful person to collect the purchased product.

Transfer of risk

Risks are transferred to the client once the parcel (which contains the purchased product) has been delivered to the clients' address, even if the delivery note has not been signed.

4.7.   Partial delivery

When different parts of the order are delivered separately (i.e. when purchased products are not available), Alpilex Diamond Mfg. BVBA can consider each delivery as a separate delivery. In this case the client will be contacted by a representative of Alpilex Diamond Mfg. BVBA in order to pay additional transport costs.

4.8.   Lack of collection of delivery

Internet Client

When the client fails to collect the parcel in due time, the parcel will be reshipped to Alpilex Diamond Mfg. BVBA Alpilex Diamond Mfg. BVBA will notify the client that the purchased product(s) remain(s) at his disposal at Alpilex Diamond Mfg. BVBA and will invite the client to collect the purchased product within 1 month after reshipment.
The client will be entitled to collect the purchased product after payment of reshipment charges or to ask for reshipment to his address after payment of the reshipment charges to Alpilex Diamond Mfg. BVBA and reshipment charges to the (new) address of the client.

 

Article 5. DIAMOND CERTIFICATES

5.1 Diamond Certificates

When the ‘Diamond grading report' has to be replaced, Alpilex Diamond Mfg. BVBA is entitled to ask the client for payment of a lump sump of 190 € to cover the administrative costs. 

5.2 Used certificates

Alpilex Diamond Mfg. BVBA only uses high quality diamond. You receive a certificate of a recognised diamond laboratory, with a description of your stone's 4 C's. These laboratories are exclusively HRD and IGI. When a client has specific preference in terms of certificates before purchase, Alpilex Diamond Mfg. BVBA will try to meet these. Unless specifically mentioned, Alpilex Diamond Mfg. BVBA will never guarantee this. Also will the client explicitly agree on the quality description of the diamonds as mentioned on the certificates delivered. Consequently, Alpilex Diamond Mfg. BVBA will not respond to any further arguments in this matter.

Article 6. APPARENT DEFECTS

6.1.    Apparent Defects

Alpilex Diamond Mfg. BVBA clients' are requested to inspect the purchased products immediately after delivery. Under penalty of preclusion, claims about apparent defects of the products have to be notified in written form to one of the points of sales of Alpilex Diamond Mfg. BVBA -as mentioned on the website- within a period of 15 days after delivery/reception.

6.2.   Reshipment charges

The client can be requested by a representative of Alpilex Diamond Mfg. BVBA to reship the purchased product, object of the claim.  In this case reshipment charges are beared by the client.

Article 7. RIGHT TO RENOUNCE AND TO EXCHANGE

7.1. Legal right to renounce

  • According the Belgian law concerning the business practices, the information and protection of consumers of 14 July 1991 (hereafter called “LBC"), the client is entitled – without motivation and without penalty - to renounce to purchase the bought product within 14 days after delivery of the purchased product.
  • According art. 80, §4, 2° LBC the client has no right to renounce if the object of the purchase is a product specially offered or manufactured for the client according his own specifications or has an obvious personal character.This includes diamonds engraved with any other texts or symbols needed for certification purposes  as specifically expressed by the client.
  • For most purchases at Alpilex Diamond Mfg. BVBA  there is always a delay between payment and reception. Occasionally, it is possible to immediately purchase, pay and take a diamond that is available in one of the sales points. Obviously, the return policy of 14 days after delivery does not apply here, since the customer was able to evaluate the diamond before payment, purchase and reception, just as with any 'bricks & mortar'  store.
  • In order to avoid abuses, the right to renounce (return policy) is only applicable in case that the ordered and purchased article has been effectively delivered to and received by the client.

7.2.   Conditions to the right of renouncement

  • When the client wants to exercise his right to renounce, he is obliged to return the delivered product in her original state , accompagnied with the original certificate and to communicate his bank account.
  • The client is precluded from his right to renounce when the product(s) and the packaging are no longer in their original state,  are incomplete, are damaged , tampered with or warranty seal has been broken or orginal certificate is missing
  • The documentation, the diamond certificates, the guarantee notes and the packaging, which were part of the delivery, have to be returned.
  • Previously to the use of his right to renounce the client will inform a representative of Alpilex Diamond Mfg. BVBA to renounce to the purchase.
  • After the client informed the representative of Alpilex Diamond Mfg. BVBA that he wants to exercise his right to renounce, the product has to arrive in Alpilex Diamond Mfg. BVBAs' business seat at Pelikaanstraat 78,Room 605, Box 140, 2018 Antwerp Belgium within fourteen (14) days after the last day of the return policy of 14 days is reached.

7.3.   Reshipment of the purchased product by renouncement

  • The product, object of renouncement, has to be reshipped to Alpilex Diamond Mfg. BVBAs' business seat at Pelikaanstraat 78,Room 605, Box 140, 2018 Antwerp Belgium, were a representative of Alpilex Diamond Mfg. BVBA will receive it.
  • Under no circumstances Alpilex Diamond Mfg. BVBA will be responsible for the (arrangement of the) return, neither intervene in the arrangement of the insurance coverage for any returns.
  • Costs and Insurance of reshipment and  costs resulting from incorrect application of the customs procedures related to the re-importation (from outside the European Union) of the purchased diamond will always be borne by the client. Alpilex Diamond Mfg. BVBA will never be liable for damages -theft and lost included- of the reshipped product/packaging.

7.4.   Control of reshipped parcels after renouncement and/or exchange

  • As soon as the object of renouncement is received at Alpilex Diamond Mfg. BVBA it will be submitted to a quality control by one of the inspectors of Alpilex Diamond Mfg. BVBA, in order to control if the condition of the reshipped product and packaging meets the requirements to be object of the right of renouncement or to be exchanged.
  • When reshipped, Alpilex Diamond Mfg. BVBA will notify reception of the reshipment to the client by email or fax.

7.5. Reimbursement of the price

The purchase price (reduced by the costs as mentioned in 7.3 here above) paid by the client will be reimbursed by Alpilex Diamond Mfg. BVBA within ten (10) working days after a satisfactory quality control of the reshipped parcel, as provided in art.7.5. of present general conditions.

  • Reimbursement will be done by transfer on the bank account mentioned by the client for this purpose.
  • Reimbursements for payments done with credit cards will be done via refunds on the originally used creditcards.
  • When the reshipped/returned product and packaging does not meet the renouncement requirements, no reimbursement will be done. In this case the reshipped products remain the property of the client and the client is obliged to collect the product within two weeks after the day that Alpilex Diamond Mfg. BVBA notified her refusal to accept to take the product back or to exchange it. On his request the product can be reshipped to the client after payment of all reshipment costs and charges (including – if any -  costs resulting from incorrect application of the customs procedures related to the re-importation of the purchased jewel from outside the European Union).

Article  8. RESERVE OF TITLE CLAUSE

8.1. Transfer of property

Notwithstanding the delivery, the transfer of property of the purchased product will only occur after payment of the purchase price, included all due cost, charges, taxes and interests.

8.2. Retail, transfer, delivery, encumbrances.

The client is not entitled to retail, transfer, redeliver or deliver, or burden the purchased product with any personnel or rights , before the transfer of property provided in art.8.1.

Article 9. RIGHTS AND OBLIGATIONS OF THE PARTIES – LIABILITY

9.1. Use of  systems/connection

Alpilex Diamond Mfg. BVBA waives any liability for damages caused by dysfunctions of the hardware and/or of the software systems and all devices referred to these systems, which are used to have access to the website of Alpilex Diamond Mfg. BVBA

9.2. Security and precautions

The client is obliged to notify Alpilex Diamond Mfg. BVBA immediately of all problems related to the access and use of the website of Alpilex Diamond Mfg. BVBA

9.3. Unavailability of the website(s)

Alpilex Diamond Mfg. BVBA waives any liability for damages caused by temporarily or final unavailability of her website.

9.4. Liability of Alpilex Diamond Mfg. BVBA  

Alpilex Diamond Mfg. BVBA waives any liability for damages to the client or to thirds caused by:

  • The impossibility to establish the necessary connection to be supplied by a service, the interruption of this connection, whatever could be the reason, problems by sending and receiving services, if these problems are caused by thirds
  • Delays in execution or the non-execution of services by thirds as i.e. delays in or lack of transmission by communication providers contracted by the client.
  • Delays in execution or the non-execution of services by thirds contracted by the client.
  • Errors in data supplied by thirds to Alpilex Diamond Mfg. BVBA;
  • The recurrent unavailability of the website(s) of Alpilex Diamond Mfg. BVBA as a result of errors, omissions, interventions of thirds or technical defects, whatever their nature and/or origin.

Are i.e. contained in this provision concerning the unavailability of the website:

  1. Overloading of the network of the provider chosen by the client;
  2. Absence or neglect in maintenance of the maintenance service suppliers of Alpilex Diamond Mfg. BVBA
  3. All cases of force majeure. I.e. and in a non restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes and all other events beyond Alpilex Diamond Mfg. BVBA's will and control by which Alpilex Diamond Mfg. BVBA can not partially or totally fulfil her obligations any more.
  4. Decisions and/or obligations imposed by Belgian or foreign authorities;
  5. Hypertext links on which Alpilex Diamond Mfg. BVBA has no control and which give access to the website;
  6. Incomplete or erroneous information from third sources;
  7. Faults and negligence of the client himself.

9.5. Damages and interests

Alpilex Diamond Mfg. BVBA will never be liable for damages caused by a supplied service or product – whatever the reason - for an amount which exceeds the amount of the invoice paid by the client for this service or product.

Article 10. IntellectUAL PROPERTY

  • The client expressly acknowledges that intellectual rights concerning the name, all transmitted information, all pictures, all communications or other expressions concerning the products and/or in the website are and remain exclusive property of Alpilex Diamond Mfg. BVBA, her suppliers or other holders of rights.
  • By intellectual property rights is meant patents, brand rights, copyright, design and models and other intellectual property rights as technical and/or commercial know-how, methods and concepts.
  • Alpilex Diamond Mfg. BVBA refers to the provisions of the general conditions (see art. 1.3., 1ste paragraph). Products sold under the Alpilex Diamond Mfg. BVBA brand are protected by national and international laws (i.e. the intellectual property laws) and remain property of Alpilex Diamond Mfg. BVBA
  • It is forbidden to use the commercial names and brands ‘Alpilex Diamond Mfg. BVBA

The client declares that the products are bought for personal purposes and not for commercial purposes.

  • Nothing in the General Conditions nor any act of copying and/or downloading information can be considered as a partial or complete transfer of the intellectual property of Alpilex Diamond Mfg. BVBA to a third party or to the client. The client will not infringe the intellectual property rights of Alpilex Diamond Mfg. BVBA  The client is allowed to copy or to download his own data or the information which is his exclusive property, provided that he will not alter any copyright or restriction of liability clause or any other provision.
  • The client will indemnify Alpilex Diamond Mfg. BVBA, and hold her harmless against any claim or legal action of third parties for damages caused by infringements on this provision.

Article 11. PERSONAL DATA

Alpilex Diamond Mfg. BVBA will treat personal data received from clients according the legal provisions concerning respect of privacy, as mentioned in her website.

Article 12. MODIFICATIONS TO THE GENERAL CONDITIONS

12.1. Publication of the modifications

Notwithstanding art.1.4. of the general conditions, Alpilex Diamond Mfg. BVBA can modify the present general conditions, the prices on the website, the product-line and its offers at any time and will notify these changes to the client on her website. These changes are applicable as soon as they are published on the website.

12.2. Acceptance of the modifications

Use of the website after the publication of the modification of the general sales conditions means the acceptance of the modified version of the general conditions.
The client is requested to consult the general conditions at regular intervals.

Article 13. GENERAL PROVISIONS

13.1. The impossibility to fulfil, the nullity or the invalidity of one of the provisions of the present general conditions will not lead in any way to the impossibility to fulfil, the nullity or the invalidity of all other provisions of the present general conditions. In case the impossibility to fulfil, the nullity or the invalidity of one of the provisions of the present general conditions is certain, such a provision it will be held non existent...

13.2. Unless otherwise expressly agreed, not claiming a right or not applying a sanction,  will never result in the renouncement of any right whatsoever.

Article 14. SETTLEMENT OF CONFLICTS, APPLICABLE LAW AND JURISDICTION

14.1.Settlement of conflicts

Alpilex Diamond Mfg. BVBA exerts herself to please her clients. When a conflict relating to the interpretation and/or the fulfillment of the contract and the present general conditions appears, the client will be invited to take contact as soon as possible with one of Alpilex Diamond Mfg. BVBAs' representatives. Alpilex Diamond Mfg. BVBA will exert herself to resolve the problems, the claims and the observations of the client in a constructive way, but always with reference to the ‘Terms & Conditions’.  Furthermore, as we consider the business integrity of our staff as our highest asset, we inform that any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination towards one of Alpilex Diamond Mfg. BVBAs' representatives will not be tolerated and will directly result that the line of communication will be handed over to our specialized legal team. In this regard, we draw the attention on the fact that, as a matter of principle Alpilex Diamond Mfg. BVBA will take all necessary legal measures (including launching court procedure) in order to protect itself against any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination. 14.2. Jurisdiction

When parties were unable to resolve the conflict in an amicable way, only the Courts of the judicial district of Antwerpen are authorized. These Courts will have exclusive jurisdiction for all issues conflicts and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the parties.The language used for legal disputes will be Dutch. In order to facilitate communication with the other party, Alpilex Diamond Mfg. BVBA may decide - at its own discretion - to use the English language, but this is never to be considered as an obligation.

14.3. Applicable Law

All issues, questions and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the partiesshall only be governed and construed by Belgian law. No effect shall be given to any other choice of law or to any conflict-of-law rules or provisions (Belgian, foreign or international) that would result in the appliance of another law or in the appliance of the Vienna convention concerning international sales.

Article 15. MISCELLANEOUS PROVISIONS

For any questions, claims and observations concerning the services, the orders, the management, the privacy issues or the general conditions of antwerpdiamonds.direct , please contact :

           - e-mail:[email protected]

           - telephone : +32 (0)3 233.91.60 (open every day from 9h till 17h)

           - address :Pelikaanstraat 78,Room 605,  2018 Antwerp Belgium, Belgium

 

Legal information & privacy policy

1. Legal information

General information

These General Conditions apply to the website antwerpdiamonds.direct. By using this website you commit yourself (hereafter the client) to accept and to respect these general conditions & the conditions explained under ‘legal information & privacy policy as shown onantwerpdiamonds.direct

 This website has been created and is managed by Alpilex Diamond Mfg. BVBA Pelikaanstraat 78,Room 605, Box 140, 2018 Antwerp Belgium, Belgium and  registered at RPR Antwerpen  with vat nr 0 433 242 085 and a member of the antwerp diamond bourse.

 

 

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