GENERAL TERMS AND CONDITIONS OF SALE
Version dated 1 February 2020
For the application of these General Terms and Conditions, as well as for the interpretation and execution of the Agreement, the following terms, when written with a capital letter, shall have the following meaning (unless expressly stated otherwise or if the context clearly requires otherwise):
General Terms and Conditions
These general terms and conditions of sale, as available on the Website and as accepted by You prior to the conclusion of the Agreement.
Any Order of Products placed by the Client with Purestone via the Website.
Conditions of Use
The Conditions of Use of the Website, as available on the Website.
The written confirmation of your Order, emanating from Purestone, which (i) serves as confirmation that Purestone has accepted your Order and (ii) is sent to you at the time your Order is sent.
The agreement between You and the Client consisting of the Order Confirmation, these General Terms and Conditions.
All circumstances which are unforeseeable or unavoidable at the time of the conclusion of the Agreement and which would make it impossible for a Party to perform the Agreement or would make the performance of the Agreement financially or otherwise more difficult or difficult than reasonably foreseeable, such as but not limited to war, natural circumstances and/or disasters, weather damage, fire, seizure, illness, strike, shortage of personnel, exhaustion of stock, breakdown of machinery, lock-out, epidemic, high absenteeism due to illness, electrical, computer, internet or telecommunication failures, hacking, decisions or interventions by the authorities (including refusal or cancellation of a permit or licence), fuel shortages, delays and/or bankruptcy of contractors or other third parties on whose services/goods a Party relies.
Purestone or You
Purestone and You
All products that Purestone sells through the Website, including but not limited to bracelets, jewellery and other wearables.
The private company "PURESTONE", with registered office at Richard Orlentstraat 20 bus B005, 2070 Zwijndrecht, RPR Antwerpen, department Antwerp, with VAT number BE0738438729, with Website www.purestone.be and accessible by e-mail at firstname.lastname@example.org.
The natural person who enters into an agreement for non-professional purposes regarding the purchase of the Products with Purestone.
The website www.purestone.be
2.1. These General Terms and Conditions apply to all present and future Agreements relating to the sale of Products by Purestone to You.
2.2. Each Agreement is governed by (in hierarchically descending order):
- The Order Confirmation;
- These General Terms and Conditions; and
- Belgian law.
2.3. The Agreement does not in any way affect the mandatory legal rights that you as a consumer have.
2.4. Purestone explicitly rejects the applicability of any other document, such as but not limited to the (possible) conditions that you yourself apply, to the Agreement, unless Purestone has explicitly agreed to the applicability of such documents in advance and in writing. Even if Purestone has explicitly, in advance and in writing agreed to the applicability of such documents, these General Terms and Conditions will remain additionally applicable.
2.5. Any amendments to these General Terms and Conditions will only be opposable to Purestone insofar as these amendments have been approved in writing by Purestone.
2.6. Purestone reserves the right to amend these General Terms and Conditions at any time. Where applicable, the amended terms and conditions will apply to all new Orders that you place as of the date on which the new General Terms and Conditions were made available online. If applicable, you will be asked to accept these new General Terms and Conditions prior to the conclusion of a new Agreement.
2.7. We insist that you carefully and attentively read these General Terms and Conditions prior to placing your Order. By ticking the box indicating that you have read and accepted the General Terms and Conditions, you confirm your unconditional acceptance of these General Terms and Conditions to the Agreement.
2.8. If you have any questions about these Terms and Conditions, the Products or the Order, please contact us by email at email@example.com.
- Relationship between the Parties
3.1. Under no circumstances and in no way whatsoever will you have the right to (legally) bind Purestone or to enter into contracts or obligations in the name of and for the account of Purestone, except in the event that you have received prior, express and written consent to do so from Purestone.
4.1. In view of the fact that the actual colour of the Products may differ from the colour you see on your computer screen/mobile device, as well as the fact that the Products are handmade and the display of colours on each screen is different, Purestone cannot guarantee that the Products you have ordered will fully match the colour of your choice. However, Purestone makes every reasonable effort to ensure that the display of the Products on the Website corresponds as closely as possible to reality.
4.2. Purestone reserves the right to change the information on the Products as available on the Website at any time (including information on availability, prices and description). These changes will of course only have an effect on Orders that have been placed via the Website after the aforementioned changes.
4.3. The Products may only be used in accordance with the provisions of article 10 of these General Terms and Conditions and subject to the regulations and product details/documentation as provided to You together with the Order Confirmation.
5.1. If you wish to order Products, you can do so via the Website. By placing an Order you confirm that you are of legal age, that you are competent to place an Order or that you are authorised to place an Order on behalf of the person you wish to represent. If You are unable to place an Order, or if You are unable to validly represent the person You wish to represent, You must immediately stop using the Website.
5.2. You are responsible for (i) the information you provide us with your Order, expressly including but not limited to the quantities, sizes, colours etc. ordered, as well as (ii) the information you provide us with in order to be able to invoice and deliver the relevant Products to you, such as for example but not limited to your name, address, preferred method of delivery etc.
5.3. To place an Order, add the desired Products to your shopping cart, select the desired shipping method and preferred method of payment. Purestone shall under no circumstances accept Orders that (i) do not contain sufficient information regarding the desired Products, the desired delivery address or the desired payment method or (ii) have not been placed in accordance with the above procedure.
5.4. As soon as Purestone receives your Order, you will automatically receive an e-mail with the details of your Order. However, this e-mail does not constitute Purestone's acceptance of an Order at any time.
5.5. Furthermore, Purestone will be entitled to refuse any Order if:
- You have provided insufficient or incorrect information;
- The Products are no longer available at the time Purestone receives your Order. In such a case, Purestone will endeavour to inform you as soon as possible when the Products you have requested could be available again. However, such information is always an estimate and does not bind Purestone;
- The Website contained an error/ inaccuracy relating to the Products you wish to order. In such a case, Purestone will contact you with the correct details regarding the Products you wish to order in order to enable you to place an Order after all;
- The situation described under article 6.6. is applicable.
5.6. If Purestone is unable to accept your Order, Purestone will inform you of this by e-mail. If you have already paid for your Order, Purestone shall reimburse you in full for the sums already paid, no later than thirty (30) days after the day on which Purestone informs you by e-mail that your Order has been refused.
5.7. Purestone may change, modify or discontinue the Products it offers at any time, without being liable to you or any third party for any damages or compensation.
5.8. Furthermore, Purestone is free to choose for itself from whom it wishes to accept Orders, without Purestone being able to refuse an Order on any abusive or unreasonable grounds.
5.9. If Purestone accepts your Order, Purestone will send the Products, in accordance with the delivery method chosen by you, as soon as payment has been received. At the time of dispatch, you will receive an Order Confirmation by e-mail.
5.10. You are free to cancel an Order at any time before you have received the Order Confirmation from Purestone. To do so, please contact Purestone in writing via the contact form on the Website or via firstname.lastname@example.org, stating the Order number. In the event of cancellation of an Order, Purestone will refund you the amounts paid, no later than thirty (30) days after cancellation. Orders accepted by Purestone, for which Purestone has already sent you an Order Confirmation, cannot under any circumstances be cancelled by you. However, you are always free to exercise your right of withdrawal with respect to such Orders.
5.11. Purestone makes reasonable efforts to ensure that the information on Products displayed on the Website is correct. However, when you place an Order, certain Products may unfortunately be out of stock. If Purestone is unable to deliver the ordered Products within fourteen (14) days from the date of Your Order, Purestone will cancel the Order in whole or in part and You will receive payment for the Products in the cancelled Order no later than thirty (30) days after cancellation.
- PAYMENT AND DELIVERY
6.1. The prices of the Products are in principle as indicated on the Website and as confirmed in the automatic email in which Purestone confirms to have received your Order. All prices are in EURO and include VAT.
6.2. In addition to the price, delivery charges may apply, as indicated on the Website at the time You placed Your Order and as confirmed to You in the automatic confirmation of Your Order. These delivery charges depend on the Order, the desired delivery location as well as the desired shipping method and BPost’s rates.
6.3. Each Order must be paid by you in advance. As long as you have not paid in advance, Purestone reserves the right not to confirm your Order (read: not to send an Order Confirmation) and not to deliver the ordered Products.
6.4. Should Purestone, as an exception, nevertheless deliver the Products before full payment of the Order has been received, Purestone will remain the exclusive owner of the Products until full payment has been received. In such a case, you are not permitted to carry, use, resell or in any way withdraw the Products from a possible revision indication by Purestone. You will therefore store the Products with the greatest care and return them to Purestone upon first request. If you are required to return the Products to Purestone in application of this article, you will bear the costs of this return, without any possibility of recourse against Purestone in that regard.
6.5. Payment is possible via credit card or bank contact. You will therefore need to provide your card details when placing your Order. Your card will then be debited for the total amount of Your Order. If the issuer of your credit or debit card does not approve the payment of your Order, Purestone reserves the right to suspend the performance of its obligation under the Agreement, in whole or in part, or to refuse the Order, without being liable to pay you any compensation for this. Moreover, Purestone will never be liable for any delays in the possible later delivery of the Products.
6.6. If you have agreed with Purestone that you may pay afterwards, the invoice is always payable by the date indicated on the invoice. If the invoice does not state a specific date, the invoice is in any case payable within thirty (30) days of the invoice date. If you are in default to pay the invoice on the due date, interest at a rate of 1 per cent per month will accrue ipso jure, calculated from the due date until the day that full payment has been obtained. Any partial payments on your part will only be accepted by Purestone subject to all reservations and will be allocated to Purestone in the respective order: (i) accrued interest and (ii) the principal sum. Furthermore, Purestone reserves the right to refuse a new Order from You if you have not yet paid the price due for a previous Order.
6.7. Purestone only delivers Products in Belgium. Deliveries will always be made by BPost, the national postal service of Belgium and therefore a company over which Purestone has no control or say. The place of delivery will always be the address you provided when placing your Order. Purestone is therefore not liable for delays in delivery.
6.8. Purestone will make all reasonable efforts to have the Products delivered within the delivery time indicated on the Website, but - also in view of the fact that BPost is a third party - cannot provide any guarantees in this respect. Consequently, Purestone is in no way liable for any damage you may suffer as a result of late delivery.
6.9. In principle, the risk relating to the Products passes at the time of delivery. The right of ownership with regard to the Products shall in principle pass at that moment, unless the full price for the Order has not yet been received by Purestone and yet delivery has been made.
6.10. The documents (including but not limited to the product information) will be sent to you by e-mail together with the Order Confirmation and will therefore not be physically delivered together with the Products.
- Defects & Warranty
7.1. You undertake to take receipt of the Products immediately upon delivery and to examine whether their quality and quantity match your Order. In addition, you will report any visible defects to Purestone in writing immediately and no later than eight (8) days after delivery.
7.2. Purestone is liable for any lack of conformity to the Products that (i) exists upon delivery of the Products and that manifests itself within a period of two (2) years from delivery. You must report any defect to Purestone in writing without delay and at the latest within a period of two (2) months following its discovery (or the moment at which you could not remain unaware of the defect). In the absence of such timely notification of the defect to Purestone, you will lose your right to a claim for lack of conformity against Purestone. However, Purestone will under no circumstances be liable for this:
- Any direct or indirect damage caused to the Products after delivery (such as, for example, oxidation, fall damage, natural wear and tear resulting from the use of the Products,...);
- The replacement of access/accessories that need to be replaced regularly or repairs carried out by parties other than Purestone;
- Defects caused by fire, water damage, lightning, accidents;
- Defects caused by intent, negligence or injudicious treatment, poor maintenance or abnormal use, or use of the Products contrary to the instructions of the manufacturer of the Products, as delivered to You together with the Order Confirmation;
- Damage as a result of commercial, professional or collective use by You;
7.3. If you report a defect/defect to Purestone in a timely manner, you must return the Products to Purestone via BPost at the address given in article 8 of these General Terms and Conditions, accompanied by a letter or e-mail explaining the defect to us to the best of your ability, which letter or e-mail will accompany you with all the information contained herein that is useful and/or necessary to Purestone. If Purestone determines that:
- the Product is indeed defective,
- that the defect was not present at the time of delivery of the Products or if You do not prove it (if later than six (6) months after delivery of the Products),
- the defect is not the result of normal wear and tear and the age of the materials used in the Products, and
- that this defect is not the result of vandalism, improper use or use in circumstances for which the Products are not intended;
Purestone will (at its option) replace or repair the defective Product. Under no circumstances will you be entitled to a refund of the price in application of this article. Purestone will decide in a discretionary manner which remedy is most appropriate. Although Purestone may consult with you on this matter, Purestone retains the exclusive right of decision.
7.4. Purestone does not guarantee under any circumstances that the Products will meet the specific purpose that you had in mind. The Products merely serve as a fashion accessory. Unsuitability for the purpose you had in mind can therefore under no circumstances be accepted as a ground to terminate the Agreement.
7.5. In any case, Purestone's obligations under the Agreement are obligations of means, unless explicitly agreed otherwise or if the circumstances clearly require otherwise. Purestone is under no circumstances bound to achieve a specific result, unless explicitly agreed otherwise or if the circumstances clearly require otherwise.
- RIGHT OF WITHDRAWAL
8.1. You have the right, insofar as you are a consumer, to withdraw from Your Order free of charge, without being obliged to give any reason, within fourteen (14) calendar days from the day on which the Products were delivered. For the purposes of this Clause, delivery, in accordance with the relevant provisions of the Economic Law Code, will take place when you or a third party nominated by you take physical possession of the Products from BPost's delivery service provider. For example, the Products may not suit you in terms of colour, size and quality.
8.2. Note: You are legally responsible for the Products from the moment they are delivered and bear the risk of them. You are therefore obliged to keep the Products carefully, safely and with the greatest caution in order to be able to exercise this right of withdrawal. When exercising the right of withdrawal, it is important that you return the Products to us by post, unworn, in perfect condition, together with the packaging and all documentation delivered by e-mail, at the latest on the fourteenth (14th) day after delivery, accompanied by the notice that you wish to exercise your right of withdrawal.
8.3. The Products must be returned to the following address: Purestone Retours, Richard Orlentstraat 20, bus B005 2070 Zwijndrecht, Belgium, Europe. The shipping costs are at your expense.
8.4. Products returned on time will be reimbursed by Purestone within thirty (30) days of receipt of the Products in question, unless the Products are returned in Purestone's reasonable opinion:
- Clearly show signs of having been worn;
- Defects will be returned, unless you have informed Purestone by e-mail upon delivery of the Products of the presence of defects/faults in the Products.
8.5. Late use of the right of withdrawal as described in article 7.1. above, can under no circumstances give rise to any repayment obligation on the part of Purestone, nor to any other obligation of compensation.
9.1. Unworn Products may be exchanged within fourteen (14) days of delivery, provided they are unworn, in perfect condition and with the exception of defective Products (for which the warranty provisions in these Terms and Conditions may apply). Shipping costs are at your expense, if applicable.
9.2. To exchange Products, please send an email to email@example.com with the order number and return the Products to our return address via BPost. Provide your details in a short letter/e-mail, as well as the Product for which you wish to exchange. Shipment of the new Product will be at Purestone's expense.
- Instructions for use & Liability
10.1. The Products are only intended to be worn as a bracelet around the wrist and for fashion purposes only. Consequently, the Products have not been manufactured and/or tested for any other use or for any other purpose whatsoever. In addition, the Products contain small pieces and particles that could potentially constitute a choking hazard and are therefore not suitable for children under the age of seven (7) years. Purestone will therefore under no circumstances be liable for any damage resulting from the use of the Products in contravention of the prescriptions included in this article 10, as well as the prescriptions included in the product details and documentation sent with the Order Confirmation.
10.2. In view of the fact that the Products are natural stones, they must not come into contact with water, they must under no circumstances fall. In addition, each stone in a Product may differ, without any possible differences in this sense giving rise to non-conformity of the Product.
10.3. Except in case of intent, fraud or gross negligence, Purestone is not liable for any damage you may suffer as a result of inaccuracies, incompleteness and/or unlawfulness in the content of the website, as well as for any other damage you may suffer as a result of the defective execution of Purestone's obligations under the Agreement.
10.4. Damages that in your opinion can be attributed to intent, fraud or gross negligence must be reported to Purestone in writing as soon as possible (and no later than three (23) days after the damage manifests itself or after you could no longer remain unaware of the damage), with the addition of all relevant data that are reasonably useful and/or necessary for Purestone in order to take appropriate measures. Damage that you report to Purestone late will under no circumstances give rise to liability on the part of Purestone, unless you prove that the late reporting of the damage is the result of a situation of Force Majeure.
10.5. Should Purestone be liable towards you, this liability will be limited to the lower of the following two amounts, to the maximum extent permitted by law:
- The amount equivalent to the value of your Order (whereby, for the sake of clarity, shipping and insurance costs, taxes, duties, levies of any kind, by any government or competent administration, must be deducted from the value of your Order); or
- The amount for which Purestone's insurance actually intervenes as a result of the present claim.
11.1. If you have any complaints or comments regarding the manner in which Purestone has fulfilled its obligations under this Agreement, please contact Purestone as soon as possible via e-mail to firstname.lastname@example.org. Purestone will make every effort to respond to any complaint in a timely and appropriate manner and will strive to provide you with an excellent service. Consequently, Purestone endeavours to respond to every complaint within three (3) working days, but does not provide any guarantees to this effect.
- PERSONAL DATA & PRIVACY
12.1. In the context of the Agreement, Purestone will receive/process certain personal data from the Client. Purestone values the privacy of its Clients and processes these personal data in accordance with applicable privacy legislation such as for example (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and (ii) the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
- Intellectual property
13.1. The Purestone trademark and all trademarks, whether figurative or not, and all other brands, illustrations, graphics and logos appearing on the products, accessories or packaging, whether registered or not, are and remain the exclusive property of Purestone. You do not in any way acquire any right or licence to these intellectual property rights.
13.2. It is strictly forbidden to reproduce trademarks referred to, illustrations, images and logos, in whole, in part or in any way whatsoever, without the prior express written consent of Purestone. Violation of this prohibition can be prosecuted and in any case gives rise to a fixed compensation that you owe to Purestone, without prejudice to the right of Purestone to claim and prove higher damages.
- NOT INSURANCE
14.1. Even a repeated non-application of one of Purestone's rights under this Agreement or the law will in no event be interpreted as a renunciation or waiver by Purestone. The Client does not derive any right from a possible non-application, nor will the non-application prevent Purestone from exercising the right(s) concerned at a later point in time.
14.2. Any waiver of a right on the part of Purestone must be made expressly and in writing. Even if in a specific situation, Purestone has waived (the application of) a right, this waiver will not give rise to any rights vis-à-vis the Client in other (even comparable) cases.
15.1. The Parties are convinced that the Agreement is binding and valid in all its aspects. Should one or more provisions of the Agreement nevertheless be null and void or invalid, such nullity or invalidity shall not affect the validity of the remaining provisions of the Agreement. Provisions that would be affected or invalid by nullity remain binding for the part of it that is legally permissible.
15.2. The Parties undertake to immediately replace provisions that would be null and/or invalid with valid provisions that come as close as possible to their common intention.
- FINAL PROVISIONS
16.1. Under no circumstances are you permitted to transfer your obligations under this Agreement, in whole or in part, to third parties without Purestone's express, written and prior consent.
16.2. Under no circumstances will you be entitled to make any publications, regardless of the manner in which they are made (paper, internet, website or through any other medium such as but not limited to social media, vlogs, blogs, etc.), except if Purestone has given its prior, written and express permission to do so.
16.3. Neither Party shall be liable for any failure to perform its obligations under the Agreement if such failure is the result of Force Majeure. Any Force Majeure situation must be notified in writing by the invoking Party no later than forty-eight (48) hours after that Party became aware of the Force Majeure situation.
16.4. In addition, Force Majeure situations shall entitle the non-Committing Party to suspend its obligations under this Agreement for as long as the period of Force Majeure continues, without being liable to pay any compensation to the Committing Party.
16.5. If a situation of Force Majeure lasts longer than forty (40) days, the noncurring Party shall be entitled to terminate the Contract, without any notice or compensation being due.
16.6. The Agreement contains the entire understanding between the Parties relating to its subject matter. As such, this Agreement supersedes all previous agreements, understandings (written and/or oral) between the Parties relating to the subject matter of this Agreement.
Applicable law/competent court
16.7. The Agreement is exclusively subject to, and should therefore be interpreted in accordance with, Belgian law, to the exclusion of the Vienna Sales Convention, as well as any other rule of private international law that would make the law of another country applicable. In the event of a dispute between the Parties regarding the execution, validity or interpretation of the Agreement, the courts of the registered office of Purestone shall have jurisdiction. You are also at all times free to claim the Online Dispute Resolution of the European Union, via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.