Terms and conditions
ART1 - 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 755 397.
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.
ART2 - 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.
ART3 - 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 any country worlwide.
ART4 - 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 firstname.lastname@example.org
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.
ART5 - VAT Payment Modalities
Except if mentioned otherwise, the prices on the site are Belgian VAT included of 21%.
ART6 - SHIPPING POLICY
Shipments are made worldwide. Shipment in Belgium, Europe and the rest of the world is free.
The Products are shipped Monday to Friday 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.
For all international orders, please note that the terms of trade will be marked as Delivered Duties Paid (DDP). Nayestones will take care of the duties and import taxes, via DHL courier, determined by the customs agency within the destination country. Nayestones is not responsible for any delays caused by customs clearance procedures in the country of destination.
ART7 - 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
- Shipping costs are free of charge
Step 3: Payment Information
The 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. Our website is updated regularly to ensure that our stock quantities are accurate. However irregularities of availability and shortage may occur. If the order cannot be executed, the Website shall inform the Buyer thereof within 72 hours. 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”.
ART8 - 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.
ART9 - CONSIDERATION PERIOD
In accordance with the Belgian legislation, every Buyer may inform the Website that he wishes to cancel his purchase, within 14 calender days as of the day after the day of the delivery. In order to use his cancellation right, the buyer must send an email within that delay to email@example.com asking for the exchange and returns form. Following receipt of the returns form Nayestones will provide the Buyer with a return authorization code and instructions on how to return the product to the Seller.
From the moment the Buyer expresses his intention to return part or all of his Order, he has seven (7) calendar days to return the Products to the Seller (at his own expense). The non-compliance with that delay shall cause the Buyer to be deprived of this Cancellation right. In consequence, he shall loose his right to reimbursement.
Please note that the Buyer will be responsible for the item(s) until they have reached us.
Products that were bought as part of a special order (Custom made) or made to measure shall not be reimbursed or exchanged.
If a Buyer wishes to exercise this right, the modalities of article 10 apply.
ART10 - REIMBURSEMENT & RETURN POLICY
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, ...), properly protected and in a perfect state allowing their resale (not damaged nor dirty) to the below mentioned address, accompanied by a copy of the original purchase invoice and return form with authorization code written on it. Products that are returned in incomplete, damaged or soiled conditions shall never be accepted and therefor not be reimbursed.
If a Buyer wishes to exercise the right described in article 9, the shipping costs for transportation to the sender are for his account.
Please also note that custom charges, duties and sales tax paid by Nayestones for shipments outside the European community will be deducted from the value of the returned jewelry.
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.
If the Buyer uses his Cancellation right, respecting all modalities provided for in article 9 and 10, the Website shall reimburse within 30 days the price of the Product less the delivery costs once the goods are returned.
ART11 - DELIVERY OF THE GOODS
The Website shall do anything possible, to send the Products within the days following the Order validation. The Products are delivered at the shipping address indicated by the Buyer during the ordering process. The delivery person shall go to this address during weekdays, and shall hand over the parcel(s) to the addressee or any other person present at the address. In case of absence, a notice shall be left in the mailbox of the designated address. It is up to the Buyer to contact the delivery person to agree on a new delivery date. If the Buyer does not organize a new delivery within 1 week from the initial delivery attempt, or if he is absent at the time of the new delivery, the Order shall automatically be returned to Nayestones, who shall contact the Buyer in order to organize the Order delivery. In this case, additional costs may be charged to the Buyer.
Delivery times depends on the items ordered and on the country in which the order is placed. Except if the Parties were to decide otherwise or for custom made orders, delivery should not exceed 15 days. Nayestones cannot be responsible for unforeseable delays in delivery.
In the event of loss or of deterioration of the product during transport, the Buyer will have to inform the conveyor upon receipt of the goods. When the goods are delivered, the Buyer should check the articles are in order and indicate any reserves they may have in writting, on the delivery note if possible. The Buyer must note any anormalities observed (parcel opened, damaged, item damaged, missing etc…) and contact Nayestones by email at firstname.lastname@example.org within 15 days. After this term, complaints are no longer possible.
If the article does not comply with your order or if they are not to your satisfaction, you may return them and ask for an exchange or for a refund within the conditions.
ART12 - 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.
ART13 - 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 Buyer’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.
ART14 - 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.
ART15 - 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.
ART16 - 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.
ART17 - 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 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.
ART18 - 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.