GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - TERMINOLOGY
The following terms, when written with initials in capital letters, singular or plural, shall have the following meaning:
1.1 "Juwelencenter - Bijouterie Howards" refers to the limited liability company (S.P.R.L.), with its registered office at Rue Ernest Allard 30, 1000 Brussels, Belgium, company number: 0416.979.343, VAT number: BE 94 9501 2108 3314
1.2. The "Customer" refers to any natural person of legal age who acts as a consumer, i.e. for purposes other than his commercial, industrial, craft or liberal activity and who makes a purchase via the site
The on-line sale of the products of Juwelencenter- Bijouterie Howards is thus not addressed to the professionals.
1.3. The Customer and Juwelencenter- Bijouterie Howards are hereafter jointly qualified as "Parties".
1.4. The " Site " designates the online sales platform hosted at the address www.howardsbrussels.com
1.5. The "Products" are the goods offered for sale by Juwelencenter- Bijouterie Howards on the aforementioned Site.
The Products consist of articles of jewelry, jewelry and watches.
1.6. Distance Selling" means the conclusion of a contract without any physical contact between the Customer and Juwelencenter- Bijouterie Howards and that the transaction takes place through an Internet Site.
1.7. the "Right of withdrawal" means the legal cooling-off period of 14 calendar days in the Head of the Customer within the framework of a remote Sale.
1.8. Force Majeure" means war, lock-out, riot, partial or total unemployment, epidemic, pandemic, flood, fire, theft and other disasters in the stores or warehouses of Juwelencenter - Bijouterie Howards or in those of its suppliers, disruptions or strikes of postal services and means of transport, and breakdown of communication services.
ARTICLE 2 - SCOPE OF APPLICATION
2.1. The present general conditions (hereinafter the "General Conditions") are intended to govern solely and exclusively all online sales made on the Site.
These terms and conditions govern, in particular, the characteristics and availability of the Products, the formation of the order, the sale price, the terms of payment, delivery and return of the Products.
2.2 By placing an order on the Site, the Customer accepts the General Conditions.
No derogation from these Terms and Conditions shall be permitted, except by written agreement signed by both Parties.
2.3. Juwelencenter- Bijouterie Howards can modify the General Conditions at any time.
The modifications made are applicable to any sales contract concluded after publication of the modified version on the Site.
2.4. If the site contains different language versions of the General Terms and Conditions and a contradiction arises between them, the French version, the original version of the General Terms and Conditions, takes precedence over all others and is exclusively authentic.
ARTICLE 3 - CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
3.1. The colors and images of the Products are described as accurately as possible given the way they are displayed on the Site.
Juwelencenter- Bijouterie Howards cannot guarantee the accuracy of the Customer's computer screen. The photographic images representing the Products are thus not contractual and do not engage Juwelencenter- Bijouterie Howards.
3.2. The main characteristics present on the Site are the identification of the product, its description, the material or materials composing it and, if it is about precious materials, the weight of these, the price and possibly, according to the products, the available sizes.
3.3. The technical descriptions of the Products communicated on the Site are based on those communicated by the suppliers of said Products.
3.4. The offers of the Products are valid within the limits of available stocks.
Juwelencenter- Bijouterie Howards thus undertakes to implement all the reasonable means to display on the Site the availability of the Products and to honor the orders received within the limit of the stocks of available products.
Juwelencenter- Bijouterie Howards makes a commitment to check the availability of the Product as soon as the order is placed. In the absence of availability of the Product(s), Juwelencenter- Bijouterie Howards informs the Customer as soon as possible.
3.5. Juwelencenter- Bijouterie Howards commits to refund the Customer the price of the ordered and unavailable Product at the latest within eight days of the placing of the order.
3.6. When the Site indicates that a Product for which Juwelencenter- Bijouterie Howards has undertaken to order it from its suppliers, is no longer available, the mention of an indicative delay of obtaining the product by Juwelencenter- Bijouterie Howards is present just below the description of the Product.
ARTICLE 4 - SELLING PRICE OF THE PRODUCTS
4.1. The prices are expressed in euros, all taxes included (Belgian VAT at the rate of 21%) and are exclusive of transport costs.
The selling price does not include the cost of delivery and gift wrapping, which must be paid by the Customer, unless he/she benefits from a special offer exempting him/her from this.
Delivery and gift wrapping costs are displayed before the final validation of the order.
4.2. The applicable price of the Products is invoiced to the Customer on the basis of the rates in force at the time the order is registered.
4.3. The price does not include any promotional offers and discounts indicated on the Site after the order has been placed.
4.4 Despite the verifications made by Juwelencenter- Bijouterie Howards to ensure the accuracy of all prices, errors may occur.
If an error is discovered in the prices displayed on the Site, Juwelencenter- Bijouterie Howards informs the Customer as soon as possible.
The Customer then has the choice to either reconfirm the purchase of the item at the correct price or to cancel the order of the Product.
The pricing error is obvious in case the price displayed is derisory in relation to the value of the Product.
Juwelencenter- Bijouterie Howards reserves the right to invoke the nullity of the sale and, consequently, to cancel the order and not to deliver the Product.
ARTICLE 5 - FORMATION OF THE ORDER
5.1. General information
5.1.1. The sales contract is formed when the following three elements are met: the acceptance of the offer by the Customer, operated by the placing of the order described in article 5.1.2., and the confirmation of the order by Juwelencenter- Bijouterie Howards, received by the latter.
5.1.2. Any order carried out by the Customer implies firm and final acceptance of the offer as well as the elements which make up the offer such as the price, the description of the Product, the delivery charges and the General Conditions of Sale.
Before placing the order, the Customer checks the box "I have read and accept the General Sales Conditions". This step constitutes an irrevocable acceptance that can only be challenged in the cases restrictively provided for in Article 7 of these Conditions.
5.2. Placing the order and follow-up
5.2.1. To place an order, the Customer must follow five successive steps.
- The Customer must create an account on the Site in order to place its first order.
- The data indicated by the Customer and mandatory for the conclusion of the sales contract are deemed accurate.
- The Customer selects the Product(s) and places them in his shopping cart;
- - The Customer then validates his basket by clicking on the button "validate his basket";
- The Customer is free, at this stage, to check the details of his order and to return to the previous pages to modify his order;
- The Customer chooses the delivery method;
- The Customer chooses a payment method;
- through the Paypal platform.
- by payment card or bank card: Maestro, Visa, Mastercard.
5.2.2. In order for the order to be validated, the Customer must pay the full amount of the order, including delivery costs.
5.2.3 As soon as the order is validated, the Customer receives an e-mail confirming the order, provided that the e-mail address indicated by the Customer during the process developed in article 5.2.
The original invoice is available on the Customer's "My Account" tab and is also attached to the e-mail sent automatically after the order is placed.
5.2.4. The Customer is free to follow the status of his or her order by logging on to the Site and clicking on the "My Account" tab and then on the "My Order History and Details" tab.
5.3.1. Juwelencenter- Bijouterie Howards does not intervene in the relations between the Customer and the payment platforms.
5.3.2. The Customer's banking information is not brought to the knowledge of Juwelencenter- Bijouterie Howards.
5.3.3. In case of reimbursement of the price paid for a Product, Juwelencenter- Bijouterie Howards will carry out the action exclusively via the payment platform used by the Customer.
5.4 Legitimate reasons for refusal of validation or suspension of order
Juwelencenter- Bijouterie Howards is free to cancel the order of a Product or to suspend its execution when these actions are motivated by legitimate reasons.
The legitimate reasons are understood, without this list being exhaustive, of the disputes in progress with the Customer, in particular relating to the payment of a preceding order, of inaccurate data introduced by the Customer on the registration form, of the orders of which the quantities of products are obviously abnormal for a Customer whose definition is envisaged in article 1.2 of the present General Conditions.
ARTICLE 6 - PRODUCT DELIVERY
6.1.1. Delivery of the Product means the transfer to the Customer of physical possession or control of the Product.
6.2. Place of Delivery
6.2.1. Juwelencenter- Bijouterie Howards delivers exclusively in the following countries:
- The Netherlands/Luxembourg
- Norway/Finland/Sweden United Kingdom
- Andorra/Linchechtein Switzerland/San Marino Croatia/Hungary/Czech Republic/Slovakia USA/Canada
- Gulf States/Saudi Arabia
6.2.2. If the delivery address falls within the list of countries mentioned in the above list, Juwelencenter-Bijouterie Howards is however not liable for errors in the coordinates indicated by the Customer in the registration and delivery form.
In case of return of a parcel to Juwelencenter- Bijouterie Howards, Juwelencenter- Bijouterie Howards will inform the Customer.
In this case, the forwarding expenses are only charged to the Customer.
6.2.3. The Products are only deliverable at home.
The Customer is required to indicate either his name and personal address, or the name and address of the person he has designated, for the delivery of the order.
6.3 Delivery time
6.3.1. Juwelencenter- Bijouterie Howards commits itself to deliver the products within 30 days after receipt of the order.
This commitment does not apply to cases of force majeure, fortuitous events, and other events independent of the will of Juwelencenter- Bijouterie Howards.
6.3.2. In addition to the delivery time, there is also a period of two working days necessary for the preparation of the order.
6.3.3. The following delivery times begin to run upon receipt by Customer of a notice of shipment of the order.
6.4. Terms of delivery
The delivery terms are indicated in the table below.
- Norway/Finland/Sweden United Kingdom
- Andorra/Linchechtein Switzerland/San Marino Croatia/Hungary/Czech Republic/Slovakia USA/Canada
- Gulf States/Saudi Arabia
6.5. Obligations of the customer upon receipt of the package
6.5.1. Upon delivery and receipt of the ordered package, the Customer is required to verify the conformity of the package in the presence of the delivery person, and, if necessary, to sign a receipt.
6.5.2 In case of anomaly, the Customer is held to notify it to the deliverer at the time of the reception as well as to Juwelencenter- Bijouterie Howards within two working days of the reception of the parcel in writing, via an electronic mail addressed to Juwelencenter- Bijouterie Howards or by registered mail, at the addresses mentioned in article 11 of the present General Conditions.
The cases of anomaly are understood, without this list being exhaustive, of not complete parcel, damaged parcel, broken Products, obviously defective, or not ordered and excessive delays in the delivery period.
In the absence of such notification, any claims relating to the delivery shall be deemed unfounded and the Product accepted in the condition in which it was delivered.
6.5.3. If the delivered Product does not correspond to the Customer's order, or if the Product is broken or defective, the Customer is required to return the Product to Juwelencenter- Bijouterie Howards within 14 days of receiving the package.
In the absence of respect of these methods, Juwelencenter- Bijouterie Howards is free to refuse the return of the parcel.
At the same time, the Customer must address his complaint to Juwelencenter- Bijouterie Howards in order to have the Product delivered as ordered or to possibly ask for the resolution of the contract.
Juwelencenter- Bijouterie Howards is responsible for the forwarding expenses and refunds them to the Customer within eight days of the reception of the parcel.
The Customer will communicate for this purpose, his bank details to Juwelencenter- Bijouterie Howards.
The Customer will have in this case the choice to obtain a refund of his order, including the delivery charges if this order contained only the erroneous, broken or defective Product, or the forwarding, at the expenses of Juwelencenter- Bijouterie Howards, of the Product initially ordered, if this one is still in stock, with the exclusion of any other compensation.
If the Customer chooses the refund, this one will be carried out in the eight days at the latest of the reception of the erroneous, broken or defective Product by Juwelencenter- Bijouterie Howards.
In the absence of payment of all or part of the refunding in the head of Juwelencenter- Bijouterie Howards, the Customer can prevail himself and this, without preliminary setting in residence, of an interest of 15% per annum, any started month being taken into account in the time limit, for the remainder of the amount due.
6.5.4 If the parcel is not delivered within the time announced by the carrier, the Customer is required to inform the carrier of the reasons for the delay.
The Customer must then inform Juwelencenter- Bijouterie Howards, at the latest within thirty working days following the order's shipping notice, which will investigate the reasons for the delay.
Failing this, Juwelencenter- Bijouterie Howards reserves the right to refuse any claim.
No refunds or reshipments will be made during the time the investigation lasts.
Juwelencenter- Bijouterie Howards commits itself to deliver the found parcel to the delivery address mentioned by the Customer, and this, without additional expenses.
In case of loss of the parcel, the Customer will have in this case the choice, either to obtain the refunding of his order, or, and provided that the Product is available, to be delivered the Product initially ordered, with the exclusion of any other compensation.
In case of refund, the Customer communicates to Juwelencenter- Bijouterie Howards his bank details within three working days of his refund request.
6.5.5. In case of absence of the Customer or the designated third party at the place of delivery informed, the Customer or the designated third party is held to respect the procedure set up by the carrier in this very precise case.
If the above procedure is not followed, the package will be considered abandoned and the delivery charges and the invoice for the package will not be refunded.
6.6. Transfer of risk
6.6.1. Upon receipt of the package, the risk of loss or damage to the Product is transferred to the Customer or the designated third party.
6.6.2. The Customer chooses, at the time of placing the order, the mode of transport.
Among the choices presented to the Customer on the Site, the Customer decides either, to obtain the delivery of the parcel by one of the modes of transport proposed by Juwelencenter- Bijouterie Howards, or to obtain the delivery of the parcel by a mode of transport foreign to the proposals of Juwelencenter- Bijouterie Howards.
In the case where the Customer chooses another mode of transport than those proposed by Juwelencenter- Bijouterie Howards, the risk of loss or damage of the delivered Product is transferred to the Customer as soon as the Product is given to the carrier.
In the case where the Customer chooses a mode of transport proposed by Juwelencenter- Bijouterie Howards, the risk of loss or damage of the delivered Product rests with Juwelencenter- Bijouterie Howards.
ARTICLE 7 - RETRACTION OF THE DISTANCE SELLING
7.1. From the day after the delivery of the Product, the Customer has a period of fourteen calendar days to withdraw from the contract, without giving any reason and without penalty.
This article does not apply to Products whose personalization is such that they are considered custom-made.
Products that are engraved with the customer's personal details, such as but not limited to names, first names, dates, specific words and symbols, are considered to be personalized and custom-made.
7.2. The period expires fourteen days after the day the Customer or the designated third party takes physical possession of the Product.
If the Customer has placed an order for several Products delivered separately, the period expires on the day the Customer or the designated third party takes physical possession of the last Product.
If Customer has placed an order for a Product consisting of multiple lots or pieces, the period expires on the day Customer or the designated third party takes physical possession of the last of the last lot or piece.
7.3. The Customer is obliged to inform Juwelencenter- Bijouterie Howards of his decision to withdraw before the deadline expires.
In order to exercise this right, the Customer can either fill in the withdrawal form in the appendix (last page) of these General Conditions and send it by e-mail, by post or by registered mail, or write an unambiguous statement motivating his decision to withdraw and send it by the different channels mentioned above.
7.4. The burden of proof of this right and its exercise lies with the Customer.
7.5. In the event of withdrawal in accordance with the above-mentioned articles, the Customer will be reimbursed for the full sale price of the Product, with the exception of the costs incurred by the latter to benefit from a mode of transport other than the least expensive mode proposed by the site.
7.6. Juwelencenter- Bijouterie Howards undertakes to reimburse the Customer within 14 calendar days from the day the Customer duly exercised his right of withdrawal, provided that within this period, Juwelencenter- Bijouterie Howards has recovered the Product or that the Customer has provided it with a proof of shipment of the Product.
In this case, Juwelencenter- Bijouterie Howards will refund the Customer by the means of the payment platform used by the latter at the time of the order.
In the absence of reception of the parcel by Juwelencenter- Bijouterie Howards, Juwelencenter- Bijouterie Howards reserves the right to defer the refund until the effective reception of the Product, or the reception of the proof of forwarding.
7.7. If the Customer exercises his right of withdrawal, he commits himself to return the Product, either by depositing it in the store of Juwelencenter- Bijouterie Howards, without excessive delay and in any case, within fourteen calendar days as from the day when he effectively exercised his right of withdrawal, or by deciding to send it by registered mail to the address of the store of Juwelencenter- Bijouterie Howards .
The expenses and risks of the return by registered mail mentioned above are chargeable to the Customer.
The responsibility of the Customer is engaged if he does not return the Product in perfect state of resale, in its packing of origin and accompanied by its possible accessories.
The manipulations carried out by the Customer which do not engage his responsibility are those which a Customer could have carried out in the store of Juwelencenter- Bijouterie Howards, i.e., those allowing to establish the nature and the functioning of the Product.
7.8. If the return of the Product does not respect the aforementioned conditions, Juwelencenter- Bijouterie Howards reserves the right to send back the Product to the Customer without refund and at his expenses.
ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
8.1.1. Juwelencenter- Bijouterie Howards commits itself, in accordance with articles 1603 and following of the former Civil Code, to deliver Products in conformity with the sales contract and to guarantee the Products against hidden defects, in accordance with articles 1641 and following of the former Civil Code.
8.1.2. The guarantee of conformity which is incumbent on Juwelencenter - Bijouterie Howards involves the delivery of the Product ordered in accordance with the contract concluded online.
8.1.3. The hidden defects "make unfit for the use for which it is intended, or which decrease so much this use, that the purchaser would not have acquired it, or would have given only a lesser price of it, if he had known them" (article 1641 of the old Civil code).
8.1.4. This obligation to guarantee against latent defects does not apply if the Customer was aware of the defect at the time of the order or if the defect is "apparent" (Article 1642 of the former Civil Code) and the Customer has "been able to convince himself" of the existence of the defect (Article 1641 of the former Civil Code).
8.2. Terms and conditions of application
8.2.1. In the event of observation of any defect of conformity or hidden defect, the Customer informs Juwelencenter- Bijouterie Howards.
The Customer has a maximum of two months to do so, starting from the day he/she noticed the lack of conformity or the hidden defect.
Failing this, Juwelencenter- Bijouterie Howards reserves the right to consider as not admissible any complaint formulated beyond this deadline.
8.2.2. The actions in resolution of the sale, in reduction of the price of the sale or in replacement of the Product are prescribed by two years as from the date of effective delivery of the Product.
ARTICLE 9 - RESPONSIBILITIES
Juwelencenter- Bijouterie Howards cannot be held responsible in case of non-performance or bad execution of the contract if this one is caused either, by a fault or an error of the Customer or by the fact of a third, or by a case of absolute necessity.
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
10.1. The content of the Site, such as, but not limited to, products, models, images, trademarks, photographs, illustrations, logos, databases, general conditions, is protected by legislation relating to intellectual property rights.
10.2. Any reproduction, in whole or in part, whatever the support, without the preliminary and written agreement of Juwelencenter- Bijouterie Howards is strictly prohibited.
ARTICLE 11 - TREATMENT OF PERSONAL DATA (RGPD)
11.1 The personal data collected by the Juwelencenter- Bijouterie Howards Site are the object of a treatment of which the aspects are presented under the heading "Confidentiality policy" of the Site.
11.2. The rights of the Customer concerning this treatment, in particular a right of access and modification are also exposed there.
ARTICLE 12- CONTACT SERVICES
For any question concerning the General Terms and Conditions of Sale, the Customer is invited to contact Juwelencenter- Bijouterie Howards via the following channels
By phone at the number: +32 02 513 84 48
By e-mail at the following address : firstname.lastname@example.org
By mail at the geographical address: Rue Ernest Allard 30, 1000 Brussels.
ARTICLE 13 - APPLICABLE LAW AND DISPUTES
13.1. The General Conditions are exclusively determined by Belgian law.
The same applies to the contract concluded online between Juwelencenter- Bijouterie Howards and the Customer, its formation, its interpretation, its execution and its resolution.
13.2. Article 14 of the Regulation (EU) n° 524/2013, applicable as regards online sale, implements a European platform of online settlement of the extra-judicial disputes, known as "platform of RLL" and available on this link: http://ec.europa.eu/odr/ .
13.3. This agreement is subject to Belgian law and any dispute relating to it will be under the jurisdiction of the court designated by the applicable legal provisions under Belgian law.
13.4. In the event that one or more of the aforementioned clauses is or are invalid, the applicability of all other clauses shall not be affected.