B-Day Online BVBA
Pelikaanstraat 62 – 2018 Antwerpen
Btw identificatie: BE 0679464115
Article 1: General
The e-commerce website of ,B-Day Online a BVBA with its registered office at Pelikaanstraat 62 – 2018 Antwerpen, VAT BE 0437313612, RPR Antwerp(hereinafter “[Bdaydiamond”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Bday Diamond, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Bday Diamond.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
If any shipping, reservation or administration fees are charged they will be specified separately.
The specified price refers solely to the articles as set out in writing.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Bday Diamond. With respect to the accuracy and completeness of the provided information, Bday Diamond is solely bound to obligation of means. Bday Diamond is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact email@example.com.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Bday Diamond. Bday Diamond cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
- The Customer chooses a product he or she wants to buy
- The product is placed in the shopping cart and paid for
The Customer may choose between the following payment methods
- by credit card: Visa and Mastercard
- by debit card : All Belgian banks
Bday Diamond is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
All articles in this webshop will be delivered worldwide. Outside Europe there will be an extra fee of €50,00 for items above 700 € (additional insurance and costs)
After receive of payment your personalized gift will be send within 8 days in an insured package by Post, FEDEX of DHL. Outside Europe the deliverty time will be betweed 8 and 12 days.
During the month of August delivery time will be 20 days because of holidays in the diamond sector.
Every visible damage of shortcoming needs to be reported to Bdaydiamond.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Bday Diamond.
Article 6: Retention of title
Delivered articles remain the exclusive property of Bday Diamond until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Bday Diamond, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Bday Diamond.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date of purchase.
To exercise the right of withdrawal, the Customer must notify B-Day Online BVBA - Pelikaanstraat 62 – 2018 Antwerpen - firstname.lastname@example.org in an unambiguous statement about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
If the returned product is reduced in value in any way, Bday Diamond is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the agreement, B-Day Online shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that B-Day Online was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, B-Day Online may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by B-Day Online will not be refunded.
B-Day Online shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
- the provision or supply of goods or services whose price depends on fluctuations in the financial market that Bday Diamond has no influence upon and that may occur within the withdrawal period.
- the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person. “personalized goods”
- agreements where the Customer specifically requests Bday Diamond to carry out urgent repairs or maintenance.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Bday Diamond customer service and to return the product at their own expense to Bday Diamond.
Upon detection of a deficiency, the Customer must inform Bday Diamond as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Bday Diamond customer service can be reached at email@example.com. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Bday Diamond is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Bday Diamond is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing information, B-Day Online respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: the purpose for which the data was entered, e.g. the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request B-Day Online BVBA - Pelikaanstraat 62 – 2018 Antwerpen . If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned mannerB-Day Online BVBA - Pelikaanstraat 62 – 2018 Antwerpen.
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Bday Diamond has no access to your password.
Bday Diamond saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at Bday Diamond.
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Bday Diamond to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Bday Diamond. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Bday Diamond district have jurisdiction in the case of any disputes.