Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

• Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

• Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

• Day: Calendar day.

• Long-term transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

• Durable data carrier: Any tool that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.

• Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.

• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.

• Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.

• Means of distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

• Terms and Conditions: These present Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated where the terms and conditions can be accessed electronically before the contract is concluded, and that they will be sent electronically or otherwise free of charge at the request of the consumer.
If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these terms and conditions are null and void or annulled at any time, the contract and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.
Situations not covered by these terms and conditions should be assessed in the spirit of these terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our conditions must be interpreted in the spirit of these terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is made under conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information in such a way that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

• Possible shipping costs.

• The manner in which the contract will be concluded and what actions are necessary for this.

• Whether or not the right of withdrawal applies.

• The method of payment, delivery, and performance of the contract.

• The period for accepting the offer or the period within which the entrepreneur guarantees the price.

• The rate for distance communication if the cost of using the technology for distance communication is calculated on a different basis than the basic rate for the used means of communication.

• Whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer.

• The way in which the consumer can, before concluding the contract, check the data they have provided in the context of the contract and correct it if desired.

• Any other languages in which, besides Dutch, the contract can be concluded.

• The codes of conduct the entrepreneur has subjected themselves to and the way the consumer can consult these codes electronically.

• The minimum duration of the distance contract in case of a long-term transaction.

• Optional: available sizes, colors, type of materials.

Article 5 – The Agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur shall provide the following information to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier with the product or service:

• The business address of the entrepreneur’s establishment where the consumer can lodge complaints: Babiche.bijoux@gmail.com.

• The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

• Information about warranties and existing after-sales services.

• The information included in Article 4(3) of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

• The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
  In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Each contract is concluded subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If they exercise their right of withdrawal, the consumer shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. Notification must be made in writing or by e-mail.
After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal and/or the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

• Produced by the entrepreneur according to specifications of the consumer.

• Clearly personal in nature.

• That cannot be returned due to their nature.

• That can spoil or age quickly.

• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

• Single newspapers and magazines.

• Audio and video recordings and computer software of which the consumer has broken the seal.

• Hygienic products of which the consumer has broken the seal.

Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• They result from legal regulations or provisions; or

• The consumer has the right to terminate the contract with effect from the day the price increase takes effect.
  All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties.

• The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and/or the packaging.

• The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The entrepreneur shall exercise the greatest possible care when receiving orders for products and when executing product deliveries.
Subject to the provisions of Article 4 of these terms and conditions, the company shall execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered.
In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate a contract entered into for an indefinite period that aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a fixed period that aims at the regular delivery of products (including electricity) or services at the end of the fixed duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

• At any time and not limited to termination at a specific time or in a specific period.

• At least in the same manner as they were entered into by the consumer.

• Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A contract entered into for a fixed period that aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
In deviation from the previous paragraph, a contract entered into for a fixed period that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period that aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the contract aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6(1).
In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these terms and conditions relate are exclusively governed by Belgian law, court of Antwerp
This also applies if the consumer resides abroad.

Company Information:

A. Vdb Invest
Babiche.bijoux@gmail.com