General terms and conditions

TABLE OF CONTENTS

Article 1 - Identity of the seller

Article 2 - Applicability and conditions

Article 3 - Products offered

Article 4 - Order

Article 5 - Right of withdrawal

Article 6 - Prices

Article 7 - Payment

Article 8 - Conformity and guarantee

Article 9 - Delivery

Article 10 - Force majeure

Article 11 - Liability

Article 12 - Claims and disputes

Article 13 - Processing of personal data

Article 14 - Intellectual property

Article 15 - Evidence

Article 16 - Lapse and completeness

Article 17 - Online dispute resolution

Annexe - Standard withdrawal form

ARTICLE 1 - IDENTITY OF THE SELLER

LPS Bijoux by Luciano Pellegrino

Rue Potaarde 158

Phone : 0495 89 95 75

VAT BE 0657605065

E-mail: info@bicbijoux.com

(hereinafter referred to as "the Seller")

ARTICLE 2 APPLICABILITY AND CONDITIONS

These general terms and conditions (hereinafter "the General Terms and Conditions") apply to each offer made by the Seller on the website http://bicbijoux.com, (hereinafter "the Online Shop") as well as to each distance contract concluded between the Seller and the purchaser through the Online Shop.

Any use of the Online Shop or order of a product implies prior consultation and express and unreserved acceptance of these General Terms and Conditions, which the buyer may access at any time via the website.

The Seller reserves the right to modify and/or supplement the content of the General Terms and Conditions without prior notice. The most recent version of the General Terms and Conditions can always be consulted on the Website.

ARTICLE 3 PRODUCTS OFFERED

The products are described on the Online Shop and their availability is also indicated there.

The Seller undertakes to provide an accurate and complete description of the products offered. Nevertheless, if it should turn out that the Seller has made a substantial and manifest error in the description or price of one of the products offered, the Seller shall not be obliged to deliver the product as described or at the incorrect price indicated.

The Seller will use all reasonable endeavours to accurately indicate the availability of the various products, but shall not be obliged to fulfil a buyer's order if a product is no longer available.

If one or more of the products ordered is/are no longer available, the Seller will notify the customer and the customer will have the option of modifying or cancelling the order. In the event of cancellation, the customer will be refunded the amount of the order if he had already paid for it.

ARTICLE 4 ORDER

A buyer may only place an order if he/she is 18 years of age or older and provides the necessary information (including a valid telephone number, e-mail address and postal address). The Seller has the right to refuse any order placed by a minor.

The Buyer may place an order using the order form. He will then have to choose a delivery method (see article 9) and a payment method (see article 7) and then make the payment.

The order is only final once the issuer of the credit and/or debit card has confirmed the transaction to the Seller, and the buyer has received a confirmation e-mail.    

If the issuer of the credit and/or debit card does not approve the payment, the Seller cannot be held responsible for any late delivery and/or non-delivery of the order. Orders not followed by a valid payment will not be accepted or processed.

The Seller reserves the right to refuse an order if it appears (e.g. in view of an abnormally high number of products ordered) that the buyer is not acting as an end user and/or intends to resell the products.

ARTICLE 5 RIGHT OF WITHDRAWAL

The buyer has a period of 14 calendar days to cancel the purchase without having to pay a fine and without having to justify himself.

If the buyer wishes to invoke his right of withdrawal, he must contact the Seller at info@bicbijoux.com within 14 days from the day following the date of delivery, and preferably complete and attach to his message the standard form attached to these General Terms and Conditions. After this period, the Buyer may no longer invoke his right of withdrawal.

The Seller will then send the buyer, by e-mail, (i) a confirmation of the customer's withdrawal, (ii) the address to which the buyer must return the products and (iii) a confirmation of the account number that the Seller will use to reimburse the price of the products and the costs already paid.

During the reflection period of 14 days, the buyer must handle the products with care. He must only unpack and/or use the product to the extent that this is necessary to establish the nature, the characteristics and the quality of the product.

He must return the products with adequate protection, in their original packaging and condition, and with all their accessories. The buyer is responsible for the depreciation of the products resulting from handling other than that necessary to establish the nature and characteristics of these products. The Seller reserves the right to subtract this depreciation from the price and costs that he is obliged to reimburse to the buyer.

The risks associated with the return are the responsibility of the buyer. The buyer must keep proof that he has returned the products.

Products returned to the Seller without any information enabling the sender to be identified (return number, order number, surname, first name, address) will not be taken back by the Seller. Products returned to the Seller but not taken back by the Seller shall remain at the disposal of the buyer at the Seller's address. The buyer is obliged to collect these products and pay for them. In the event of abnormal returns or abuse, the Seller reserves the right to refuse any subsequent order.

If the buyer invokes his right of withdrawal in accordance with the agreed terms, the Seller will send him an e-mail to confirm the withdrawal and, unless the buyer has expressly approved another method of reimbursement, the Seller undertakes to reimburse the price and costs paid by the buyer using the same method of payment as that used by the buyer to pay for his order, within 14 calendar days of the date on which the buyer has notified the Seller of his wish to exercise his right of withdrawal.

However, the Seller retains the right to make a refund only after receipt of all the products concerned or proof that the buyer has returned the products, the date chosen being that of the first of these facts.

ARTICLE 6 PRICE

The prices mentioned on the Online Shop are in Euros and include VAT and any other applicable taxes and/or fees.

The Seller has the right to add delivery charges to the prices indicated. These delivery costs are clearly indicated before the order is finalized.

The prices indicated may be modified at any time. The price applied in the context of distance selling is the price in force at the time the order is placed.

ARTICLE 7 PAYMENT

The buyer can pay for his order using different payment methods:

1. Direct payment (secure environment) :

via an online banking service Paypal or Stripe by payment card : VISA, MasterCard, Bancontact or Maestro

2. Payment by bank transfer

If the buyer opts for this method of payment, he will receive the necessary instructions for payment electronically after confirmation of his order. The Seller will only send the products ordered once the amount of the order has been transferred to his bank account.

After receipt of payment, the Seller sends an order confirmation to the e-mail address provided by the buyer. This confirmation will include a link to the General Terms and Conditions and will mention, among other things, the Seller's contact details, the date of the order, the product(s) ordered, the price plus costs, the address and delivery terms, the conditions governing the right of withdrawal (see above) and the contact details of the after-sales service and complaints handling department.

The product(s) ordered remain(s) the property of the Seller until full payment of the amount of the order as well as any costs mentioned at the time of placing the order.

ARTICLE 8 CONFORMITY AND GUARANTEE

The legal guarantee provided for in article 1649 (sections bis to octies) of the Civil Code applies to the products supplied by the Seller. The products supplied by the Seller are guaranteed for two years.

If the product does not conform to the contract, the buyer must notify the Seller in writing within two months of the discovery of the lack of conformity and present the original invoice to the Seller.

This warranty only covers defects in conformity with a contract concluded prior to delivery of the products.

The warranty does not cover wear and tear that can be considered normal, defects resulting from improper or unsuitable treatment, damage caused expressly or resulting from negligence, poor maintenance or use that does not comply with the instructions for use and/or the instructions for use.The following are therefore excluded:

- Any direct or indirect damage caused to the article by the buyer after delivery (e.g. by oxidation, shocks, falls, etc.) ;

- The replacement of elements or accessories that need to be replaced on a regular basis;

- Damage resulting from fire, water damage, lightning, accident, natural disaster;

- Damages resulting from commercial, professional or collective use.

ARTICLE 9 DELIVERY

Transport costs are clearly mentioned during the order procedure before the order is definitively confirmed.

The risks become the responsibility of the buyer at the time of delivery. Any delivery is considered to be made once the product is available at the delivery address indicated by the buyer. The tracking system used by the deliverer provides proof of this availability.

In the absence of the buyer, the courier will leave a notice in his mailbox indicating the post office where the order will be deposited.

For items in stock at the time of the order, the Seller aims to proceed with delivery within the following time limits:

- Delivery in Belgium: 1 to 3 working days

- Delivery in the US and outside the EU: 1 to 4 working days

ARTICLE 10 FORCE MAJEURE

Any case of force majeure releases each party from any commitment to the other party. A case of force majeure is any situation in which circumstances beyond the control of a party prevent that party from executing the contract, whether partially or fully, temporarily or not, even if these circumstances could have been anticipated at the time the contract was drawn up. The following situations, among others, are to be considered as cases of force majeure : depletion of stock, delay or non-delivery by one of the parties' suppliers, unavailability of products due to accidents, machine breakage, strikes, lockdown, fire, revolts, wars, epidemics, floods, high absenteeism, electrical, computer, internet or communication problems, intervention decisions by the authorities (including the refusal or cancellation of a permit), fuel shortages and errors or delays caused by third parties. The party invoking force majeure is not required to prove that the situation constituting force majeure is not attributable to it and could not have been anticipated.

In the event of force majeure, the obligations of the party concerned shall be suspended. In such situations, the parties shall make all reasonable efforts to limit the consequences of the case of force majeure.

If the duration of the case of force majeure exceeds two (2) months, the other party has the right to unilaterally terminate the agreement without any compensation being due by the party having invoked the case of force majeure.

ARTICLE 11 LIABILITY

The Seller is only subject to an obligation of means for all phases of the procedure, from access to the Online Shop website to the delivery of the products (or any other subsequent service). The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet (interruption of service, intrusion from an external source, presence of computer viruses) nor for any fact that may be considered as constituting a case of force majeure.

The Seller shall not be held liable for any damage or indirect loss resulting from a delay or absence of delivery by the carrier designated for this purpose. In no event shall the Seller's liability exceed the amounts paid or due under the transaction giving rise to such liability, regardless of the cause or form of the claim concerned.

ARTICLE 12 CLAIMS AND DISPUTES

In the event of a complaint, the buyer may contact the Seller's customer service department :

- By telephone: +32 (0)495 89 95 75

- By e-mail: info@bicbijoux.com

- By post: LPS Bijoux to the attention of customer service L. Pellegrino, rue potaarde 158 1082 Brussels, Belgium

All agreements concluded through this Online Shop are governed by Belgian law. Consequently, only the Belgian courts are competent to hear any dispute. If other laws are applicable for reasons of international law, these General Terms and Conditions shall first be interpreted in accordance with the provisions of Book VI of the Belgian Code of Economic Law.

ARTICLE 13 PROCESSING OF PERSONAL DATA

As part of the contractual relationship between the Seller and the Buyer, the Seller will collect personal data about the Buyer, namely his name, address, e-mail address, language and telephone number (hereinafter "Personal Data").

The Seller shall process the Personal Data in accordance with the provisions of the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data.

The Seller (whose business address is mentioned above) is responsible for the processing of Personal Data and will process this data for the purpose of executing the agreement concluded with the buyer, for customer management and, if the buyer has given his consent, for direct marketing purposes, whether by e-mail or post (including the sending of newsletters, offers and information about the Seller's products and activities).

The Seller will only pass on your Personal Data to third parties with whom it has a contractual relationship and who provide certain services to the Seller (e.g. the transport of the products you have ordered and the processing of your payments) in the context of which these third parties have undertaken to use this data only for the purpose of providing the said services.

The Buyer has the right to object, free of charge, to the processing of his Personal Data for direct marketing purposes. To do so, he need only send a written, dated and signed document to the Seller (at the above-mentioned address or at the e-mail address info@bicbijoux.com).

The buyer also has the right to consult and correct his Personal Data. In order to exercise this right, the buyer only needs to send a dated and signed written document to the Seller (at the above-mentioned address or at the e-mail address info@bicbijoux.com).

ARTICLE 14 INTELLECTUAL PROPERTY

The whole of the Online Shop, its components, the images displayed on the Online Shop, the rendering ("look & feel") and the technology (in particular software) used in the Online Shop are protected by intellectual property rights (copyright, trademark and database rights and patent rights). These elements are and remain the property of the Seller.

ARTICLE 15 PROOF

The Seller can prove the existence of communications, orders and payments that have taken place between the buyer and the Seller by means of computer registers kept in the Seller's computer system and/or the companies it uses in the context of the provision of computer services.

ARTICLE 16 LAPSE AND COMPLETENESS

If one or more provisions or a part of one of the provisions of the General Terms and Conditions is/are considered invalid in accordance with a law or ordinance or following a final decision by a competent body, the other provision(s) or the part not considered or declared invalid of the provision concerned shall remain in force and its/their scope shall remain unchanged.

The General Terms and Conditions and the order summary sent to the purchaser constitute one and the same contractual tool and represent the entire contractual relationship between the parties. In the event of any inconsistency between these documents, the General Terms and Conditions shall prevail.

ARTICLE 17 ONLINE DISPUTE RESOLUTION

Disputes concerning purchases made on the Online Shop may also be dealt with by Online Dispute Resolution (also known as Online Dispute Resolution, or ODR), provided that the conditions of application are met. The ODR platform is available at http://ec.europa.eu/odr/.

 

Annexe

STANDARD WITHDRAWAL FORM

Book VI of the Code of Economic Law

(form to be completed and returned to us only if you wish to cancel the contract)

Recipient LPS Bijoux by L. Pellegrino

Rue potaarde 158

1082 Brussels

Belgium

E-mail: info@bicbijoux.com

I/we (*) hereby inform you of my/our (*) wish to terminate the contract for the sale of the following goods:

Ordered on (*)/Received on (*) ___/___/______ (dd/mm/yyyy)

Name of buyer(s)

Address of buyer(s)

Signature of buyer(s) (only if this form is sent in paper format)