Terms and conditions
- These general terms and conditions are applicable to all orders placed and purchases made via the web shop, available on the website(s) http://www.werneraerts.be or http://www.werneraerts.com and operated by the company BVBA WERNER AERTS, with registered seat in B-8370 Blankenberge (Belgium), Bakkerstraat 32, registered in the Central Enterprise Databank under number 0818197077, hereafter to be indicated with “we” or “us”.
- The privacy protection is subject to the privacy declaration the customer can find in these conditions below.
- By using this website the customer commits himself to respect and accept these conditions. These conditions are meant for all those consulting our website(s) and also in particular for the person placing an order with us.
- Although great care is taken to make our website clear and detailed, we cannot be held responsible for possible errors in the pictures used. Despite our continuous control some information/pictures displayed may not fully correspond with reality.
- The fact that the buyer did not receive the terms and conditions in his mother tongue shall not affect the application thereof.
- Should a court judgment rule that one or several of these conditions are invalid, the remaining provisions of these general terms and conditions shall entirely remain in full force.
- Our price quotations are in compliance with the law on e-commerce and the law on market practices and consumer protection.
- With respect to“collection jewels” the customer should always apply for the price before placing an order.
After all, these “collection jewels”, fully hand-crafted and customised, shall only be made to order.
The customer can have the designs shown on the website carried out in another colour of gold, he can choose from other colours of pearls, etc. These details shall be discussed at length per e-mail before a client-oriented price offer is drawn up.
Depending on the country where the customer is domiciled and on the fact, whether he or she is importing the article, the price offer shall include 21% VAT (within the European Union) or not (outside the European Union).
This price quotation is valid for 5 working days.
- All prices are mentioned in Euro.
- We cannot be held liable for any material (printing) errors found in our offers.
- We are authorized to modify the announced prices partly – not exclusively – due to commodity price volatility. Should this modification take place after the order has been placed by the customer, the latter shall be entitled to cancel the order without any additional costs.
- The prices include insurance for transportation, yet exclude postal charges.
- The prices exclude additional costs, such as import duties, export duties, costs of customs clearance and various local taxes applicable in the country the products are imported into. These additional costs are always entirely borne by the customer, even if they occurred between the ordering time and the delivery time. Consequently, the possibility of annulment, laid down in article11 is not applicable here.
- We manufacture a high-class and high-quality collection of jewels and pieces of jewellery under our own name and label. This collection is offered and displayed via thewebsite(s) and at our specific (physical) selling points.
- All jewels and pieces of jewellery fabricated under the name and label of WERNER AERTS BVBA are protected by national and international deposits and laws and are our property.
- It is forbidden to use, reproduce, alter, publish, distribute or dispatch, sell or transfer in any other way the trade name “WERNER AERTS” as well as the jewels and pieces of jewellery fabricated under the label of WERNERAERTS BVBA or to grant any rights in this respect to third parties.
ORDERS - DELIVERY – STOCK
- The information on a certain product daily changes and is not binding. At all times we can decide to stop the fabrication and/or delivery of a certain product.
- We reserve the right to accept or refuse orders. In case orders are refused, the customer cannot demand any compensation, but possible prepayments regarding this order shall of course be paid back by us to the customer.
- Orders by minors, people that are incapable or placed under temporary protection, people under collective debt settlement, etc. cannot be accepted. Such an order always should be placed by a person, legally qualified to represent the above mentioned people.It is up to the above mentioned people to spontaneously inform us of their incapability of entering into an agreement. We have no obligation to examine such a case.
- The risk is transferred to the customer as from the moment of delivery or pick-up of the goods. From that moment onwards the customer bears the risk for loss, theft and partial or full destruction of the goods. However, the property shall only be transferred as soon as the customer has paid the price in full.
- The terms of delivery on the website are only indicative, as the fabrication period has to be taken into account due to the high degree of handcraft/precision work in our whole range of products.
- For the “collection products” a period of about 30 (thirty) working days is necessary. Anyway, the production period for the production of the “collection products” shall always be mentioned to the customer in advance.
- Although we do our utmost to meet the production periods mentioned above and to even reduce them, we cannot be held responsible in case a certain product should exceed the given production period. The customer shall always be informed on time by e-mail about a possible delay. Should the planned date of delivery, even considering the above mentioned periods of production, be exceeded largely due to our fault, the customer shall be entitled to cancel the order without any court intervention and with a simple notice, provided we have not dispatched the ordered product by that time. In this case we shall pay back the prepaid sums to the customer within thirty days.
- We only deliver the goods after having received the payment or at least the confirmation of such a payment.
- The packages shall be sent from Belgium. The place of delivery is the place mentioned by the customer on his/her order. In order to safeguard the delivery of the package we always ask the customer to transmit his telephone number, name, full address and e-mail.
- The order is delivered by well-known shipping companies such as bPost, UPS andFedex. We refer to the section PRICES of these general terms and conditions with regard to shipping costs, import duties etc.
- Should an order have already been dispatched from our shop, we shall inform the customer by e-mail about the transport company delivering the package to the customer and the customer shall also receive an order number/a reference number, by means of which he shall be able to trace the delivery.
- If an order cannot be delivered to the address mentioned by the customer, we reserve the right to legally terminate the agreement, irrespective of our other obligations, resulting from this agreement and/or the law. We shall inform the customer per e-mail about the termination of the agreement.
- We ask our customers to make sure to receive the package themselves.We also advise our customers to check the delivered package for outer damage, before signing the delivery receipt. All complaints should be lodged by means of registered letter within seven working days as from delivery of the goods. If the complaint is considered justified, our liability shall be limited to the repair and exchange of the goods delivered. We cannot be held liable for indirect damage, such as, but not restricted to loss of time, emotional damage, loss of income and loss of an opportunity. Anyway, our contractual and non-contractual liability is always limited to the amount of the order. Nothing in these general terms and conditions excludes our liability for fraud, deliberate action, gross error, death of bodily harm.
- The consignments are insured by us till the moment of transfer of the risk, in compliance with article 12.
INFORMATION AND PICTURES ON THE WEBSITE
- We try to give or display the information, pictures, quotations, etc. regarding all products, offers and main characteristics of the products as accurately as possible by means of our website(s), by telephone, e-mail or chat and so forth.
- We cannot be held responsible for any possible inaccuracies, errors, typing errors and/or omissions of information on thewebsite.
- The pictures of the products on ourwebsite(s) shall be displayed as realistically and accurately as possible. The pictures shall be enlarged to show the jewel in detail. The customer must consider the fact that each window is set differently, which may cause the picture and colour to slightly vary.
- Moreover, the finally delivered finished product may show slight deviations compared to the product shown on the website due to the high degree of handcraft/customisation.
FUNCTIONING OF THE WEBSITE
- We cannot guarantee that our website will function continuously and completely flawlessly.
- The customer is responsible for the computer science and computer equipment, software,hardware, etc. he/she uses to get access to our website(s).
- We cannot be held liable for any damage resulting from the use of ourwebsite.
WAYS OF PAYMENT
- The customer purchasing a product via our website(s) can pay this product by means of a bank transfer.
RIGHT OF RENUNCIATION
- The customer cannot execute the right of renunciation for agreements regarding the delivery of products, fabricated according to the specifications of the customer or having a clear personal character. Therefore, our “collection products”, always fully made by hand and to the order of the customer, cannot be sent back.
- We pay special attention to the fabrication of our jewels, making a well-considered choice as to concept, style, quality, durability. All fabricated jewels are subject to a strict quality control. We guarantee that the jewels ordered shall be made and delivered according to the specifications mentioned on our website or according to the agreements between us and the customer.
- We customize the ordered rings based on the measures given by the customer. We are not responsible for taking wrong ring measures. The costs of the return of the ring and those for changing the measure are to be borne by the customer.
- We are not responsible for cases of force majeure, in particular situations making it very hard (or resulting in high or unjustifiable costs) or a fortiori impossible for us to meet our obligations resulting from this agreement. These situations include amongst others: natural disasters, riots, war and military operations, national and/or local emergency situations, actions or negligence by the government, economic disputes of whatever nature, actions of employees, fire, telecom failures, “bugs” in software of third parties, flood, lightning, explosions, collapses, as well as every action or negligence of a person or an entity falling beyond our reasonable control.
- This privacy declaration is applicable to the website http://www.werneraerts.be or http://www.werneraerts.com, operated by BVBA WERNER AERTS. We see to your privacy and always act in agreement with the provisions of the Belgian Privacy Act.Please, readthis privacy declaration to know more about the way personal details are collected and processed on this website.
Processing of personal details
- By using this website and/or communicating your personal details you explicitly agree with the way in which we collect and process personal details, as stated in this privacy declaration.
Types of personal details collected
- Via this website your name, postal address, possible telephone number and e-mail address, mentioned when filling out a contact form, placing an order or signing in on the newsletter, shall be collected.
When visiting this website we also register your IP-address, your browser and operating system, the external website which referred you to this website, the pages visited by you on this website and the date and the time of each page visited by you. This information is only collected for statistical purposes and the further improvement of this website.
Way in which personal details are collected
- Via this website your personal details shall be collected, when filling out a contact form, signing in on a newsletter or placing orders.
Purposes of the collection of personal details
- We use the information transmitted by you via the website to deliver the information requested, to send the newsletters asked, to execute your order and to inform you on our new products, actions,...
Parties having access to personal details
- The information may be transmitted to our partners. In addition we are authorized to inform the competent authorities upon their explicit request about your personal details.
The information can also be processed by us in a country outside the European Economic Area (EEA).
You should take into account that the information posted by you on public places, such as comments on the discussion forum or the blog, shall be consulted by anyone.
Use of your e-mail address
- We only use your e-mail address for the purposes mentioned above. By no means shall your e-mail address, user name or pass word be sold or rented out to third parties. If you do not wish to receive any news letters or information about our products and services, you can sign off at any moment by sending us an e-mail(see contact information below in this privacy declaration).
- On this website so-called "cookies'" (small parts of information that are saved by the browser onto your computer) shall be used:
A first type is only temporary and shall be erased as soon as you close your browser. These cookies shall only be used to enable you to surf on the website.
A second type is used for our web shop, in order to be able to identify you with a next visit.
Rights of the person involved
- You are entitled to ask us freely about the personal details we have on you and have them corrected, if necessary, free of charge. You can exercise this right by contacting us via the contact information given below, provided you identify yourself sufficiently. In addition, you also have the right to freely oppose upon request the planned processing of your personal details, if the processing is carried out with regard to direct marketing.
- We reserve the right to change the privacy declaration at all times. This privacy declaration has been modified for the last time on 1/1/2016.
- We are responsible for the processing of these personal details and monitor its confidentiality and safety. You can contact us on the following address:
Per e-mail: firstname.lastname@example.org,
In writing: Werner Aerts bvba, Bakkersstraat 32,8370 Blankenberge, Belgium
AMICABLE SETTLEMENT – APPLICABLE LAW AND COMPETENT COURTS
Telephone: +32 50 41 12 34
Fax: + 32 50 42 83 96
Postal address: Werner Aerts bvba, Bakkerstraat 32, 8370 Blankenberge, Belgium
- This agreement is subject to Belgian law.
- Every dispute on the interpretation or application of this agreement is subject to the competence of the Belgian courts of the judicial district Bruges, unless the law imperatively stipulates another court.
- The parties confirm that the agreement was drawn up in Blankenberge and that the payments shall also be made there.