General Conditions of sale
Article 1 : Legal notice – Identification of the seller
1.1. The site ARTIMS is an e-commerce website accessible via the Internet, open to any user of this network ( hereafter “ the Site”) . It is published by the company GUZANA CONCEPT SRL, having its registered office at 744, Chaussée de Waterloo, 1180 Brussels (Belgium), registered for VAT under the number BE-0729.611.630.
The Site is hosted by : …..
The contact phone number is : …
The contact e-amil is : [email protected]
The site ART’EMI sells original creations (hereinafter referred as “Products”) to web browsing users of the Site (hereinafter referred to as “Users”). For the purposes hereof, it is agreed that the User and the Company GUZANA CONCEPT will collectively be referred as the “Parties” and individually referred as “Party”, and that the user that has validated one order will be referred to as the “Buyer”. All the rights and obligations of the User apply immediately to the Buyer.
Article 2 : Object
These terms and conditions are intended to define the rights and obligations of both Parties arising from the sale of products offered on the Site.
Article 3 : Essential characteristics of the products proposed
3.1. The key features of each product are described in the relevant pages of the electronic catalog on the Site. Pictures of the products offered on the site are not contractual and do not engage any liability of the Site.
Furthermore, the weights relating to the Products (gold, stones and diamonds) are given as examples – the Products sold may therefore differ from the Products displayed on the Site
3.2. Certificates: all diamonds that we supply come with a diamond certificate from an independent gemological laboratory (such as the International Gemological Institute – IGI, Hoge Raad Voor Diamant or “Diamond High Council” -HRD, and the GIA -Gemological Institute of America), which describes their own characteristics and has a unique reference number.
Article 4 : Price
4.1. The prices of our Products are in Euros and only the payments in Euro are accepted.
4.2. Payment is due immediately upon ordering. It can be made in several ways:
- With your Visa, MasterCard / Eurocard, via Paypal. In this case, the order will be processed after receiving authorization Paypal under the procedure of Article 8.
- By manual transfer to our account
In this case, the ordered Product will be shipped upon receipt of payment.
4.3. In the case of an order for a customized Product, the Purchaser will be asked to pay a deposit of 35% of the price, corresponding to the original design of the Product.
If the original design is not accepted, ARTIMS shall be entitled to ask the Customer to pay for the hours worked on the design at an hourly rate of € 75 excluding VAT.
4.4. An invoice will be issued by the Site. The Buyer shall specify the address to which the invoice is to be sent.
4.5. ARTIMS reserves the right to modify its prices at any time without prior notice. The already ordered Products will maintain the same price and will be charged accordingly to the price that the product had at the time of the order.
Article 5 : Payment of VAT
Unless otherwise stated, the prices quoted on the website include already the Belgian VAT.
Shipping in Belgium :
To individuals and companies : the prices are in TTC, the Belgian VAT of 21% is already included in the price
Shipping in another member country of the European Community :
To individuals : the prices are in TTC, the Belgian VAT of 21% is already included in the price.
To companies : The sale is HT (conditionally provide us with a European VAT compliant number).
Shipping to other countries :
To individuals and companies : the sale is HT without VAT. However, it is your responsibility to declare such importation, in order to meet the tax regulations of your country of residence.
Article 6 : Shipping costs
6.1. Deliveries are made to the whole world. The shipping costs will be borne by the Purchaser and are added to the price of the ordered Product.
6.2. Products are sent by regular postal service or carrier. ARTIMS disclaims any liability for any delayed delivery due to the postal services or the means of transport, in case of loss of the ordered products ordered or any strike. The risks of the transport are borne by ARTIMS.
Delivery charges are calculated automatically when you set up your shopping cart and appear in the final amount when you complete your order.
When we have processed your order and processed the transmission of parcels we will send you the number of your package.
All customs charges incurred are the responsibility of the customer. In case of loss or damage to the product during transport, the customer must notify the carrier as soon as possible.
Article 7 : Conclusion of contract online
The user declares :
- To be at least 18 years-old and have the legal capacity to make and honor any order or to possess a legal capacity of a parental authorization allowing the user to make and to honor all order, and to justify it at any moment by our demand
- To be a natural person acting in the course of his/her personal needs (especially in the sense that any order you make must meet the normal needs of an individual).
7.1. ARTIMS acknowledges that the purchase is done only if all the following steps are followed :
Step 1: You must enter all the data that are requested to you, namely :
- Your name and first name
- Your contact information (phone and email)
- Your exact billing address (For security reasons, we ask you the billing address that is registered by the institution issuing your credit card, to protect you from any possible fraudulent use)
- Address of the delivery
- Your method of payment.
Step 2 : to validate your order, you must :
- Review the data you have entered and correct any errors
- Check the box confirming that you have read and that you accept without reservation the conditions of sale
- Click “OK”.
Step 3 : After confirming your Order, you must still confirm it again by precaution. For this purpose, you must :
- Click on “confirm”.
At any time, you can :
- Obtain a summary of your selected products on the top right of your screen
- Continue your selection of products by clicking on other items in the site
- Completing your selection of products and order these products by clicking on the cart icon at the top right of the site.
7.2 The Site acknowledges the receipt of the order as soon as possible and an email detailing the purchases will be sent to the email address provided by the Buyer in the order confirmation.
7.3. ARTIMS is not bound by the order before the date of this email. ARTIMS reserves the right to refuse any order, without liability on its part for matters of just cause, especially if there is doubt or a dispute over payment on a previous order.
7.4. When entering the order, the Purchaser is informed of the availability of the Product. If the order cannot be fulfilled, the Site shall inform the Buyer as soon as possible. The Buyer may request as well to be notified by e-mail on the product availability.
Article 8 : Online Payment
8.1. The Site has opted for payment by credit card via the secure payment system Paypal to encrypt all of your data related to the use of the card during the payment transaction online via the Site.
8.2. The following cards are accepted for payment by the Site : Visa, MasterCard / Eurocard. Upon payment, the Buyer must provide his credit card number and expiry date of the card. The site cannot be held responsible for the consequences of any use (fraudulent or otherwise) of the credit card that would be conducted by a third party especially in case of interception of messages.
When paying, the Buyer is directed to the secure site Paypal ipay for the entire payment transaction. This mechanism ensures the privacy of payment (including credit card numbers). Thus, at any time, the Site is not aware of the number of credit card Buyer: only financial institution receives encrypted information.
Once the payment is accepted and confirmed by clicking “proceed with the verification and payment of your order”, Paypal verifies the completion and online payment. Regarding the payments made by Belgian residents, these payments will be acquired by the Site at the expiration of the period of 14 days referred to in Article 9.
Article 9 : Deadline for cancellation of order/return of the product
9.1. Under Belgian law, any Buyer established in Belgium shall be entitled to notify the Site that he renounces to its purchase within fourteen working days from the day after the delivery. The concerned Buyer must return the package with a copy of the order or invoice. The Site will refund the Buyer within 30 days, of the Product price without prejudice to the application of the terms of Article 10.
This provision shall apply to any Buyer enjoying the same protection in their country of residence.
If the Buyer exercises this right, the terms of Article 10 shall apply.
9.2. Products that have been, at your request, costumed or with specific demands cannot be refunded or exchanged, with the exception of the size of the rings readjust.
Article 10 : Conditions for recovery
10.1. The product returns under the section 9 above will not be accepted if they are damaged and will only result in a refund or an exchange if our specialists confirm that the product is consistent with that which has been sent, without damage, modification or intervention whatsoever and provided that the Product has a manufacturing defect and/or does not correspond to the specifications as advertised on the Site.
The product must be returned in its original packaging, complete (original certificate provided, packaging, case, manuals …), in perfect conditions and accompanied by a copy of the original invoice. Thus, if the Product is returned incomplete, damaged or soiled it will not be taken, refunded or exchanged.
In addition, products that have been by your demand customized or specifically changed (including the frame which have been engraved or whose (s) diamond (s) shall (are) made the subject of a laser inscription or other outside certificate number) will not be refunded or exchanged.
10.2. If the Buyer exercises the right contained in Article 9, the cost of return to the sender is of the Buyer. The return address is GUZANA CONCEPT SRL – Chaussée de Waterloo, 744 -1180 Brussels – Belgium. The recovery is at the risk of the Purchaser and the product must not have been used by the Buyer.
10.3. In case of an exchange, if the new order is of a greater amount than the order to be exchanged, the user must join the exchange request payment of the difference. By the contrary, if the amount of the exchange is less than the amount of the order, the user will receive the same conditions as mentioned above a refund of the overpayment.
Article 11 : Delivery of property
11.1. ARTIMS will do all that is reasonable to deliver Products in a timely manner. Unless the Parties agree otherwise, the delivery takes place no later than 30 days from the day after the Buyer has forwarded his order.
11.2. The Products are delivered to the delivery address specified by the Buyer during the ordering process.
11.3. The buyer must check the package and product delivery. If upon delivery, the Buyer finds apparent damage in the product or that the transport box is open, it must be seen immediately and noted on the waybill before signing off for the reception. In any event, it must, if visible or hidden damage, notify via email and mail to GUZANA CONCEPT SRL, Chaussée de Waterloo, 774 – 1180 Brussels – Belgium, his/her claim within 15 days (including holidays) from the date of delivery (date of postmark). After this period, no claim will be admissible.
11.4. If the Buyer does not receive the delivery in the month following his order, he is requested to notify the Seller.
Article 12 : Property – Risks
The transfer of ownership of the product in favor of the Purchaser shall be made only after full payment by the latter, and regardless of the date of delivery of the product. However, the transfer of risk of loss and damage to the product will be made upon delivery and receipt of the Product by the Purchaser. The date on the bill of lading is the evidence of the delivery date.
Article 13 : Guarantee
13.1. ARTIMS guarantees that the Product delivered is in accordance with the accompanying certificate.
Each product is carefully inspected before shipment. The Buyer must make a similar inspection at the reception. Claims must be made in accordance with Article 11.
13.2. The Site seeks to describe and to present the products with the greatest accuracy. However, it is impossible to accurately reproduce the screen the actual color of products, most of the color visualization depends on the hardware used by the client, as the responsibility of ARTIMS shall not be instituted in the reliability of the colors. Documents related to the product are therefore for illustrative purposes only, and are not contractual. The Site does not accept claims or grant security for reasons of dissatisfaction with the colors and descriptive.
13.3. ARTIMS will under no circumstances be liable for any delay in the execution of an order or for any breach of an order if the delay or failure was due to a technical or other reason beyond its control. In this case, the site is entitled to delay within the reasonable and necessary transportation and delivery or just cancel any order.
13.4. No claim will be sent and no warranty is granted beyond the period stipulated in Article 11.
Article 14 – Repair and Maintenance
14.1. If a Product is damaged and the warranty period is exceeded, you can return it. The return shipping will be your responsibility. Before sending us your product, please inform us by email ([email protected]) so we can tell you the compensation amount.
14.2. We remind you that ARTIMS uses noble metals, precious stones and high-quality leathers. They are treated in the tradition of jewelry.
Article 15 : Personal data
15.1. The Site complies with the Belgian law of the 30th of July 2018, concerning the processing of personal data for all treatments and data collection in Belgium via the Site and included in the files of the Site.
15.2. Under this law, each user has the right to view, delete, modify or correct their own data. Consultation, deletion, modification or correction by the user can be done by sending an e-mail ([email protected]) or by writing to ARTIMS whose address is included above.
15.3. The information gathered at the time of the order is used for the sole purpose of better serving the user. The order and the acknowledgment sent to the Buyer are archived for a period of five years from the date of the delivery of the products, but it will not be provided to third parties. ARTIMS undertakes to keep the information which he may have as strictly confidential and do not disclose it to anyone either during the execution of the command or after its termination.
Article 16 : Intellectual Property
The Site and all of its elements are protected by intellectual property laws. They are the exclusive property of ARTIMS. The use of this Site is strictly reserved for personal use. Any reproduction or public communication of text, photographs or other material posted on the Site is strictly prohibited if it is without the express and written permission of ARTIMS. Any hypertext link directly to this Site will be subject to an express authorization from ARTIMS.
Article 17 : Evidence
17.1. The records stored in the Site computer systems are in accordance with security protocol and will be considered as a proof of communications, orders and payments between the parties.
17.2. The filing of purchase orders and invoices is made on a reliable and durable platform and can be produced as evidence.
Article 18 : Information relating to cookies
Article 19 : Acceptance of Terms
19.1. These general conditions apply to all offers, sales, purchases and other any operation between the Parties.
19.2. Consequently, by the very fact of appeal and / or use the services of ARTIMS, placing an order and / or entering into any contract, the User acknowledges irrevocably to have received a copy of these terms and conditions, and that he accepts the application of them, to the exclusion of any other. The general or special conditions of the User are never applicable, unless expressly agreed, in writing and prior consent of ARTIMS.
19.3. These terms and conditions are available on the page of the validation purchases. If the user wishes, he can download, print and archive a copy.
These terms and conditions are able to evolve in the future. The User agrees tacitly to every change by continuing to use and visit the Site. The User is the only responsible for regularly come to learn the new terms and conditions.
19.4. ARTIMS prompts the User to read the terms and conditions and accept them by checking “I have read the terms and conditions and I adhere unreservedly” case, when proceeding to an order and to be able to continue its purchase.
Failing to do this, the User will be unable to make the payment of his purchases. The fact that the User does not read the terms and conditions ARTIMS in their native language does not exempt their application. The terms and conditions are available in two languages [French / English].
19.5. The Users who wish to buy on the Site, states hereby to have a full legal capacity.
Article 20: Applicable law and jurisdiction
These general conditions of sale and all the conditions above are governed by Belgian law. The Parties agree to submit any dispute relating to these Terms to the exclusive jurisdiction of the courts of Brussels.
By checking “I have read the terms and conditions and I adhere unreservedly” during the ordering process, you acknowledge that you have read all the provisions of the terms and conditions and that you agree to accept them.