Article 1. DEFINITIONS, SCOPE OF APPLICATION AND OBJECT
1.1. Definitions
1.2. Scope of application
1.3. Stocks, offers, availability, mistakes, clerical errors & comprehensive information provision
1.4. Conclusion of the contract
- Upon reception of the clients' intention to purchase, Alpilex Diamond Mfg. BV will, immediately forward a definite offer to the client.
Article 2. AVAILABILITY, IDENTIFICATION, SECURITY
Article 3. PRICES, METHODS OF PAYMENT AND PAYMENTS
Article 4. Terms of Delivery
- With ‘delivery’ we mean – unless otherwise defined – first delivery to the client in case of a purchase.
- Alpilex Diamond Mfg. BV 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. BV 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. BV N.V are dispatched worldwide. Alpilex Diamond Mfg. BV 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. BV fails to respect the delivery period to which they have committed, you, as the customer, retain the right to refrain from purchasing the product.
Article 5. DIAMOND CERTIFICATES
Article 6. APPARENT DEFECTS
Article 7. RIGHT TO RENOUNCE AND TO EXCHANGE
- 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. BV 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.
- 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. BV to renounce to the purchase.
- After the client informed the representative of Alpilex Diamond Mfg. BV that he wants to exercise his right to renounce, the product has to arrive in Alpilex Diamond Mfg. BVs' 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.
- The product, object of renouncement, has to be reshipped to Alpilex Diamond Mfg. BVs' business seat at Pelikaanstraat 78,Room 2001, Box 140, 2018 Antwerp Belgium, were a representative of Alpilex Diamond Mfg. BV will receive it.
- Under no circumstances Alpilex Diamond Mfg. BV 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 an 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. BV will never be liable for damages -theft and lost included- of the reshipped product/packaging.
- As soon as the object of renouncement is received at Alpilex Diamond Mfg. BV it will be submitted to quality control by one of the inspectors of Alpilex Diamond Mfg. BV, in order to control if the condition of the reshipped product and packaging meets the requirements to be the object of the right of renouncement or to be exchanged.
- When reshipped, Alpilex Diamond Mfg. BV will notify the reception of the reshipment to the client by email or fax.
- 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. BV 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
Article 9. RIGHTS AND OBLIGATIONS OF THE PARTIES – LIABILITY
- 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. BV;
- The recurrent unavailability of the website(s) of Alpilex Diamond Mfg. BV as a result of errors, omissions, interventions of thirds or technical defects, whatever their nature and/or origin.
- Overloading of the network of the provider chosen by the client;
- Absence or neglect in maintenance of the maintenance service suppliers of Alpilex Diamond Mfg. BV
- All cases of force majeure. I.e. and in a nonrestricted way is understood by force majeure, war, revolution, attempts, disasters, strikes and all other events beyond Alpilex Diamond Mfg. BV's will and control by which Alpilex Diamond Mfg. BV can not partially or totally fulfill her obligations anymore.
- Decisions and/or obligations imposed by Belgian or foreign authorities;
- Hypertext links on which Alpilex Diamond Mfg. BV has no control and which give access to the website;
- Incomplete or erroneous information from third sources;
- Faults and negligence of the client himself.
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 on the website are and remain the exclusive property of Alpilex Diamond Mfg. BV, her suppliers or other holders of rights.
- By intellectual property rights are 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. BV refers to the provisions of the general conditions (see art. 1.3., 1ste paragraph). Products sold under the Alpilex Diamond Mfg. BV brand are protected by national and international laws (i.e. the intellectual property laws) and remain property of Alpilex Diamond Mfg. BV
- It is forbidden to use the commercial names and brands ‘Alpilex Diamond Mfg. BV
- 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. BV to a third party or to the client. The client will not infringe the intellectual property rights of Alpilex Diamond Mfg. BV 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. BV, 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
Article 12. MODIFICATIONS TO THE GENERAL CONDITIONS
Article 13. GENERAL PROVISIONS
Article 14. SETTLEMENT OF CONFLICTS, APPLICABLE LAW AND JURISDICTION
Article 15. MISCELLANEOUS PROVISIONS
Article 16 . Conformity and Warranty
- We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
- As a consumer, you dispose of a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.