ARTICLE 1: IDENTIFICATION OF THE SELLER
The commercial Nayestones website is an electronic commercial page that is accessible through the Internet for all the users of that network.
It is created by Nayestones under the cooperative Productions et Associées ASBL, having its registered office in 70 Rue Emile Féron, 1060 Brussels, with VAT registration number BE-0896 756 090.
The commercial Nayestones website sells original creations (here in after referred to as the “Products”) to the Internet users who come to the site (here in after referred to as the “Users”). The rights and obligations of the Users are necessarily also applicable to the Buyer.
ARTICLE 2: OBJECT
The object of the present general conditions of sale is to determine the rights and obligations of the Parties as a consequence of the sale of the Products that are offered on the Website.
ARTICLE 3: ESSENTIAL CHARACTERISTICS OF THE PRODUCTS ON OFFER
The essential characteristics of each product are described in the corresponding pages of the electronic catalogue of the website. The presentation pictures of the Products offered on the Website are not contractually binding and the Website accepts no liability for them. The offer as meant by these general conditions as well as the delivery of the Products applies to countries of the European Union (Austria, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Greece, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Czech Republic, United Kingdom).
ARTICLE 4: DETAILED INDICATION OF THE PRICE OF THE GOODS
The prices of the Products are indicated in Euro. Only payments in Euro shall be accepted.
Payments are immediately due upon ordering. Different payment methods are accepted:
- Payment by Visa, MasterCard/Eurocard or American Express through PayPal. In this case, your order will be processed upon receipt of the PayPal approval in accordance with the procedure described in article 8.
- Manual bank transfer into our account :
IBAN: BE11 7340 2362 3448
BIC : KREDBEBB
37 Pater Isidore Taymansstraat
In this case, the ordered Product shall only be delivered upon receipt of the Buyer’s payment. Hence it is recommended to have the Bank transfer the amount as soon as possible. To speed up the order the Buyer can always send a proof of payment to email@example.com
The website shall draw up an invoice. The Buyer must indicate a billing address.
Nayestones reserves the right to modify its prices at any time without prior notice. Products already ordered shall be billed at the rate valid at the time the order was registered.
Article 5: VAT Payment Modalities
VAT excluded – VAT included.
Except if mentioned otherwise, the prices on the site are Belgian VAT included.
Shipment in Belgium & to another member state of the European Union:
The sale is VAT included; the Belgian VAT of 21% is included.
ARTICLE 6: SHIPPING COSTS
Shipments are made within the European Union.
The shipping costs are for the Buyer and shall be added to the price of the ordered Product.
The Products are shipped by post or by independent transporter, depending on the nature of the ordered product and by exclusive initiative of the seller, to the address on the order form of the Buyer. This address may differ from the address of the person who paid.
Nayestones declines any liability in case of an excessive delivery term by the postal services or any other shipping method as well as in case of loss of the ordered Products or strike. The shipping risks are for the User who must file the necessary requests with the carrier.
The delivery cost are automatically calculated as soon as the Buyer constitutes his basket of purchases and appears in the rising final one at the time when the Buyer finishes his order.
All the custom charges incurred are the responsibility of the customer. In the event of loss or of deterioration of the product during transport, the customer will have to inform the conveyor of it as fast as possible. In the event of unusual delay, a mail will be addressed to you.
ARTICLE 7: ONLINE CONTRACT
The User can view the different Products that are offered for sale on the Website. The User can surf freely on the different pages of the Website without being bound by an order.
Nayestones shall only confirm receipt of the order after the following steps have been completed.
Step 1: Billing Information –Shipping information
The Buyer must fill out all the requested information:
- His first name and last name;
- His e-mail address;
- the correct billing address
- A valid phone number
- the correct shipping address if it is different from the billing address
- Click « Continue »
Step 2 : Shipping costs
- A Flat fixed rate for the shipping costs to the destination mentionned in the shipping address will be proposed
- click « Continue »
Step 3: Payement Information
Th Buyer must select his preferred payment method.
The Website shall confirm receipt of the order as soon as possible by means of an e-mail with an overview of the purchases that is sent to the electronic address provided by the Buyer in his confirmation of the order.
Nayestones shall only be bound by the order from the forwarding of this receipt onwards. Nayestones reserves the right to refuse orders from a user without any liability because of justified reasons, for example when there is reason to doubt of when there is a dispute concerning the payment of a previous order.
When entering his order, the Buyer is informed about the availability of the Product. If the order cannot be executed, the Website shall inform the Buyer thereof as soon as practicable. The Buyer can ask to be informed by sending an e-mail about the availability of the unavailable Product.
Step 4: In order to place the order, the Buyer must:
- verify the information he filled out and correct if necessary;
- check the price and the shipping costs
- click “Place Order”.
ARTICLE 8: ONLINE PAYMENT
For credit card payments, the Website works with the secure PayPal payment system which will encrypt all your card information during the execution of the online payment via the website.
The Website accepts Visa, MasterCard, Eurocard and American Express. When executing the payment, the Buyer must indicate his credit card number and the expiration date. The Website is not liable for the consequences of the (fraudulent or not) use of the credit card by third parties, e.g. the interception of messages.
Upon payment the Buyer is forwarded to the secure PayPal site to complete the transaction. This mechanism guarantees the confidentiality of the payment information (including the credit card number).
The Website is never informed of the credit card number of the Buyer; it is only forwarded to the financial institution in an encrypted form.
Once the payment has been accepted and confirmed by clicking “proceed with verification and payment of your order”, PayPal verifies the payment and completes it online. Payments made by Belgian residents shall be definitely acquired by the Website after the period of 14 days described in Article 9.
ARTICLE 9: CONSIDERATION PERIOD
In accordance with the Belgian legislation, every Buyer may inform the Website that he wishes to cancel his purchase, within 14 working days as of the day after the day of the delivery. The Buyer must enclose a copy of his order or invoice. Within 30 days, the Website shall reimburse the price of the Product without prejudice to the application of the modalities of article 10.
This stipulation applies to every Buyer who benefits from a similar protection in his country of residence.
If a Buyer wishes to exercise this right, the modalities of article 10 apply.
Products that were bought as part of a special offer or made to measure shall not be reimbursed or exchanged.
ARTICLE 10: REIMBURSEMENT
Returned products as described in the above article 9 shall only be accepted and reimbursed or exchanged once our specialists have confirmed that the Product is identical to the one that was sent, without damage, modifications or interventions.
The Product must be returned in its original packaging, complete (packaging, box, notice, ...) and in mint condition, accompanied by a copy of the original purchase invoice. Products that are returned in incomplete, damaged or soiled conditions shall never be accepted.
If a Buyer wishes to exercise the right described in article 9, the shipping costs for transportation to the sender are for his account.
The address for returned products is :
Nayestones – 37 Pater Isidore Taymansstraat -3090 Overijse -Belgium.
Products are returned upon the risks and perils of the Buyer. The Product may not have been used by the Buyer.
ARTICLE 11: DELIVERY OF THE GOODS
The Website shall do anything possible, within certain reasonable limits, to deliver the Products as soon as possible. Except if the Parties were to decide otherwise, delivery takes place at least within 30 days after the day following the day on which the Buyer transmitted his order.
The Products are delivered at the shipping address indicated by the Buyer during the ordering process.
The Buyer must verify the package and the Product upon delivery. Should the Buyer find visible damage upon delivery, he must have this recorded on the delivery note before signing for receipt.
In case of visible or hidden defects, he must send his complaint via
e-mail to firstname.lastname@example.org and in a registered letter to Nayestones – 37 Pater Isidore Taymansstraat -3090 Overijse – Belgium within 15 days (holidays included) as of the date of delivery (proven by poststamp). After this term, complaints are no longer admissible.
In the exceptional case that the Buyer does not receive his order within a month following his order, he must inform the Seller thereof at the following address: Nayestones – 37 Pater Isidore Taymansstraat -3090 Overijse – Belgium
ARTICLE 12: PROPERTY – RISKS
The transfer of property of the Product to the Buyer shall only be completed upon the payment in full of the price by the latter, regardless of the date of delivery of this Product.
The transfer of the risks of loss and damage takes place after delivery and receipt of the Product by the Buyer. The date on the delivery note is valid as proof of the date of delivery.
ARTICLE 13: GUARANTEE
Each delivered product shall be inspected thoroughly before transportation. The Buyer must execute a similar inspection upon receipt. Complaints must be addressed in accordance with the stipulations of Article 11.
The description and presentation of the Products on the Website are as exact as possible. It is impossible though to obtain a faithful rendering of the real colour of the Products on-screen.
In addition, the rendering of colour also depends on the customer’s computer equipment. The Website cannot be held responsible for the reliability of the colours. The documents for the products are only delivered as information, they are not contractually binding. The Website does not accept any complaints or guarantee claims due to dissatisfaction with the colours and descriptions.
In no case shall the Website be held responsible for a delay in the execution of the Order or the non- execution of an order if the delay or the non-execution is due to a technical cause or any other reason outside his will. In that case, the Website may postpone transport and delivery as long as reasonably necessary or cancel the order.
No complaints are accepted and no guarantee is valid after the term mentioned in Article 11. The above-mentioned guarantees are limitative and replace any other express or implied guarantees.
ARTICLE 14: REPAIRS AND MAINTENANCE
If a product is damaged after the end of the guarantee term, you may return it to us. The shipping costs are for your account. Before returning a Product, please inform us of that fact by e-mail (email@example.com) so we can calculate the cost of the repair.
Please remember that Nayestones uses precious metals, high-quality platings and stones. These materials are processed according to the most stringent jewelery traditions. It is recommended to take good care of them and not to bring them into contact with water or soap. Massive or plated silver or gold must be cleaned using a soft, special cloth.
ARTICLE 15: PERSONAL INFORMATION
The Website complies with the Belgian act of December 8th 1992 concerning the processing of personal information for the processing and collecting of data in Belgium via the Website and the registration thereof in the files of the Website.
This Act stipulates that every User is entitled to consult, remove, modify or correct his information. The User can consult, delete or correct his information by means of an e-mail (firstname.lastname@example.org) or by writing to the Website at the above-indicated address.
The information that is requested during the ordering process, is merely used for the service to the Buyer.
The order and the receipt for the Buyer shall be archived during five years after the delivery of the products but shall not be made available to third parties. The Website shall -treat the information confidentially and shall not disclose to third parties or after the execution thereof.
ARTICLE 16: INTELLECTUAL PROPERTY
The Website and all its elements are protected by the applicable intellectual property rights. They are the exclusive property of Nayestones. The use of this Website is reserved for strict personal purposes.
The reproduction or public disclosure of the texts, pictures or other materials on the website is strictly forbidden without the prior, explicit and written approval from Nayestones. Each link referring directly to this Website must have obtained the prior explicit approval.
ARTICLE 17: ACCEPTANCE OF THE GENERAL CONDITIONS
The present general conditions apply to all offers, sales, purchases and other transactions between the Parties.
Placing an order implies the irrevocable adherence to the terms and conditions of sale.
These general conditions of sale can be consulted on http://www.nayestones/webshop/terms-and-conditions-of-sale.
These general conditions will evolve in the future. The User tacitly accepts every modification by continuing to use and visit the Nayestones site. He must regularly consult the new terms and conditions of sale.
The User who intends to make a purchase on the Website declares to be in possession of his full legal capacity.
ARTICLE 18: APPLICABLE LEGISLATION AND COMPETENT COURTS
The present general conditions of sale as well as all modifications thereof are governed by Belgian legislation. The Parties (buyer and seller) agree that all disputes arising from the present general conditions of sale must be submitted to the exclusive competence of the Courts of Brussels.