General terms and Conditions

This document (General Terms and Conditions of Sale) defines the terms applicable to sales concluded between, on the one hand, any person browsing the website www.be-diamond.be, hereinafter referred to as ‘the user’, and on the other hand Be-diamond, registered under the number BE0867267694 with its registered office at  Hoveniersstaat 49-51 bus 83, 2018 Antwerpen
Consequently, by accessing and using the site www.be-diamond.be, the user agrees to comply with all the terms of use described below. The user is informed that these may be updated at any time. Therefore, they should regularly consult this page to be aware of any changes made to them.
Any person who is incapacitated, particularly in the sense of Article 1123 and following of the Civil Code, may in no way purchase on this site.

**ARTICLE 2 – ORDER**

The products offered for sale on the site www.be-diamond.be are 18-carat gold (yellow, pink, white) and diamond jewelry, custom-made by the designer Nathalie De Santis.
The characteristics of the jewelry are predefined as much as possible on the sitewww.be-diamond.be. on the web page of each product (typographies, illustrative photographs…), which allows the user to know, before the final order is placed, the essential characteristics of the jewelry they are ordering. The user acknowledges that their acceptance is made in consideration of these descriptions. Any dispute concerning the nature of the article must refer to the descriptive sheet of the product.

The order process is as follows:
– Choice of articles and their essential characteristics;
– Adding to the cart;
– Validation of the cart contents;
– Identification on the site wwwbe-diamond.be if the user is not already identified;
– Choice of delivery mode;
– Choice of payment method and acceptance of the GTC;
– Payment validation;
At these different stages, the user can view the details of their order and its total price as well as correct any mistakes, before confirming it.
The confirmation of the order implies acceptance of these terms of sale, recognition of having full knowledge of them, and waiver of any other terms. All data provided during the order and the confirmation of it constitute proof of the transaction.
Once the order is validated on the site, the user acknowledges that their acceptance constitutes a firm and irrevocable commitment: the sale is considered complete, and its price is immediately due by the user. The user then no longer has any right to rectification, exchange, or return (especially in case of size or text error).

Be-diamond then sends an email confirming the order. This email only confirms receipt of the order by Be-diamond.
Once the order is confirmed, the creation time for each item is about 4 weeks. Be- diamond sends an email to the user when each piece of jewelry is made. None of these emails constitute acceptance of the order. No sales contract is formed between the parties until Be-diamond sends confirmation by email that the ordered products have been sent to the user, and only the products listed in the shipment confirmation email constitute the subject of said contract.

Be-diamond reserves the right to cancel or refuse any order from a user with whom there is a dispute relating to the payment of a previous order, or who presents any form of risk in their eyes.
Be-diamond undertakes to honor orders received on its site only within the limits of available stocks. If one or more ordered item(s) are unavailable, the company undertakes to inform the user as soon as possible, and, if applicable, to refund them no later than 45 days after the payment of the sums paid. The user’s order will then be automatically canceled.

**ARTICLE 3 – PRICE**

All prices listed on the website www.be-diamond.beare indicated in euros, inclusive of all taxes, but excluding shipping costs.
The validity of the prices of the items offered on the website www.be-diamond.beis 24 hours from their publication on the said site. The items are billed based on the tariffs in force at the time of the order registration.
The price is payable in full, in a single payment.
The items remain the property of Be-diamond until the full price is collected by it. Be-diamond does its best to ensure that all details, descriptions, and prices appearing on its site are accurate, but errors may occur. If an error is found in the price of the goods ordered by the user, a member of Be-diamond will inform them as soon as possible by email and will offer them the choice to reconfirm the order at the actual price or to cancel it.
Payment is due by the user immediately after placing the order. The user then proceeds to pay for their order via the Stripe system. The order will be processed upon receipt of Stripe’s approval, in accordance with the procedure described in Article 4.
An electronic invoice can be provided by the site. In this case, the user is required to specify the email address to which the invoice should be sent.
VAT Payment Conditions:
Unless otherwise indicated, the prices displayed on the site include Belgian VAT.
– Shipping to Belgium:
For individuals and companies: the sale includes Belgian VAT at a rate of 21%.
– Shipping to another country in the European Community:
Individuals: the sale includes Belgian VAT at a rate of 21%.
Companies: the sale is exclusive of VAT (provided a valid intra-community VAT number is supplied).

**ARTICLE 4 – PAYMENT METHODS**
The site has chosen to accept credit card payments via the secure payment system Stripe, which encrypts all information related to the use of the card during the online payment operation on the site.
The following cards are accepted: Visa, MasterCard, or American Express. The online payment page asks the user to enter their card number, its expiration date, and the security code (a 3-digit number on the back of the card).
The site cannot be held responsible for the consequences of the use of the credit card (fraudulent or otherwise) that may be made by third parties, including through intercepted messages.
When their order is complete, the user is redirected to the secure Stripe site for the complete payment transaction. This mechanism ensures the confidentiality of payment data (especially credit card numbers) as the site never has knowledge of the user’s credit card number, which the financial institution receives in encrypted form. The site receives a certificate issued by Verisign, which confirms the reality of Stripe’s existence and the use of an SSL certificate for encrypting confidential data.
Once the payment is accepted and confirmed, Stripe proceeds with the verification and execution of the payment.

**Article 5 – Property-Risk Transfer**
Ownership of the product is transferred only after full payment of the product price, regardless of the delivery date. The risk transfer occurs when the product is delivered to the user if the user is an individual (consumer in the sense of the Belgian law of April 6, 2010, concerning market practices and consumer protection). In the case of a sale to a professional, the risk of loss is transferred to them as soon as the package is handed over to the carrier. The date indicated on the delivery document is valid proof of the delivery date.

**Article 6 – Shipping and Delivery**
Jewelry sold on the site www.be-diamond.be is made to order; the manufacturing time for an ordered piece of jewelry is approximately 4 weeks from the confirmation of the order. The company Be-diamond sends an email to the user when the jewelry is made. From this email, the order is prepared and shipped by Be-diamond as soon as possible, within a maximum of 45 days from the product’s completion (subject to payment validation). A new email is sent to the user when the package is dispatched by Be-diamond.

Deliveries are made worldwide and are free inside Europe.
Outside Europe , shipping costs will be calculated upon request.
Products are delivered to the address provided by the user during the ordering process. Deliveries occur only during the 5 working days of the week (no deliveries are made during the weekend). The user is informed that any order registered on the site on Friday afternoon will be processed the following Monday.

Delivery times are:
– 1 to 7 working days for Europe

– 1 to 14 working days for the rest of the world – These times are indicative only.

Be-diamond disclaims all responsibility for any delay, loss of ordered products, or strikes due to postal or transport services. In these cases, the user must undertake the appropriate steps directly with the postal services or the carrier. To ensure their perfect condition and safety during transport, all products are carefully packaged by Be-diamond according to applicable standards. The user must check the packaging and products at the time of delivery.

Any problems with delivered items (damaged items, missing items, broken items, defective items, etc.) must be reported to Be-diamond within 3 days (including holidays) of delivery (postmark serving as proof) and express all reservations or complaints about non-conformity or defects of the items by email (info@be- diamond.be) and by a registered letter to:

Be diamond
Nathalie De Santis /Berdj Anastassian Rubenslaan
1982 Elewijt
Belgium

No claims will be accepted after this period.

**ARTICLE 7 – RETURNS**
Regarding returns, you have a two-week window to return non-personalized items. Please ensure that the item is in its original packaging and has not been worn. Returns will only be accepted after inspection by our experts.

However, for custom-made and personalized creations, returns are not possible, in accordance with the Belgian Consumer Protection Law of April 6, 2010. These unique items are tailored specifically to your preferences and cannot be returned. If you have any questions or need further assistance, please feel free to reach out. Once the order is validated on the site, the user acknowledges that their acceptance is made in full consideration of the description of the jewelry, the subject of the sale, and that it constitutes a firm and irrevocable commitment. The sale is then considered complete, and its price is immediately due. From that moment, the user has no right to correction, exchange, or return (especially in case of size or text error).

Each piece of jewelry has 10 years warranty.
This warranty is applicable to all jewellery items that are purchased directly from Be-diamond, regardless of whether the purchase was made online through their website or in-person at their physical office
However, it’s essential to understand the terms and conditions of this warranty. The warranty does not cover certain situations or conditions. These include:

1. **General Wear and Tear:** Over time, jewellery may naturally experience wear and tear due to regular use. The warranty does not cover any damages or issues related to this expected and gradual deterioration.
2. **Accidental Loss or Damage:** If the jewellery is lost or damaged accidentally, this falls outside the scope of the warranty. Customers are responsible for taking care of their jewellery to prevent such accidents.

3. **Deliberate Damage:** Intentional damage to the jewellery is not covered. If someone intentionally harms the jewellery, it won’t be eligible for warranty repairs or replacements.
4. **Misuse or Negligence:** If the jewellery is used improperly or not cared for adequately, resulting in damage, it won’t be covered by the warranty. Customers need to handle their jewellery with care.
5. **Repairs by Others:** Attempting to repair the jewellery through a jeweler other than Be-diamond can void the warranty. It’s important to rely on Be-diamond’s expertise and authorized services for repairs and maintenance.

If anything happens to your jewelry during this period, we will be pleased to take care of the repair. Please contact us at the following address: info@be-diamond.be

Once the procedure is completed, you will receive a confirmation email with a form to fill out and attach to your package. Your jewellery must be returned at your expense and will be returned to you free of charge within a period of 2 to 4 weeks from the date of receipt.

NB: Your package remains your responsibility until received by Be-diamond. For your security, we suggest sending your packages via a carrier that allows you to track your package to avoid any inconvenience. We also advise you to send your jewelry via a postal service that insures your package for the value of your goods. Note that no additional customs fees will be paid by Be-diamond.

**ARTICLE 8 – LIABILITY**
The company be-diamond cannot be held responsible for any delay or non- execution of an order if it is due to a technical cause or any other cause beyond its control. In such cases, the site has the right to delay transportation and delivery, or to cancel the order.
The company’s liability cannot be engaged for any inconvenience or damage inherent to the use of the Internet network, including service interruption, external intrusion, or the presence of computer viruses, or any other event classified as force majeure.
The content available on the website www.be-diamond.be is displayed without any guarantee of accuracy. The company be-diamond cannot be held responsible for any damage resulting from this, including direct and indirect damages, or loss of enjoyment resulting from the use of the site.
The company Be-diamond reserves the right to make changes to its site and its content at any time, including prices, descriptions, and stocks, without notifying users, whether registered or not. The photographs and illustrations accompanying

the products on the website www.be-diamond.be are not contractually binding and cannot in any way engage the responsibility of the company Be-diamond. The company Be-diamond reserves the right to withdraw or modify certain services or elements of the site without notice. The company also reserves the right, at any time and for any reason, to modify or interrupt, temporarily or permanently, all or part of the access to the site without informing the user. The company cannot be held responsible for any direct or indirect damages related to a modification, suspension, or interruption of access to the site. Furthermore, the company be-diamond may restrict access to certain parts or the entirety of its website www.be-diamond.be

The website www.be-diamond.be may contain hyperlinks directing the user to other websites. The company’s liability cannot be engaged for the content of these websites if they contravene the legal and regulatory provisions in force, or for the consequences of their use by the user.
The company Be-diamond is not responsible for the fraud

**ARTICLE 9 – INTELLECTUAL PROPERTY**
All jewelry creations, texts, comments, works, illustrations, and images reproduced on the website www.be-diamond.be are the exclusive property of the site and are protected by intellectual and/or industrial property rights worldwide. Users may only store, print, and display the content provided for their personal use. Users are not permitted to publish, manipulate, distribute, or reproduce, in any format, any part or all of the content of this site. They may under no circumstances modify, translate, disassemble, decompile, disassemble, or create derivative works based on the software or accompanying documentation provided by Be-diamond. The “be-diamond” trademark is a registered trademark and is the exclusive property of Be-diamond. No permission is granted to the user to use this trademark in any way. The user agrees not to use these trademarks or similar trademarks without the prior written permission of the company. Any hyperlink from this website, or using the techniques of framing or in-line linking, is strictly prohibited without the prior written permission of Be-diamond.

**ARTICLE 10 – PRIVACY POLICY**
In accordance with Belgian law of December 8, 1992, regarding the protection of privacy in relation to the processing of personal data, Be-diamond company commits to protecting the privacy of its users.
Collection and Use of Information
The website www.be-diamond.be reserves the right to collect data on the user, particularly when they place an order on the site. All personal data collected is intended exclusively for the internal use of Be-diamond company.
The information and data about the user, requested by the website www.be- diamond.be, are necessary for the registration and tracking of their order, and for the proper commercial management of Be-diamond. They also allow the provision of personalized services to its users and to improve the relevance of the information offered to them. By using this site, the user consents to the processing of personal data described here and guarantees that all data provided by them are correct. The collected data on the site includes: name, first name, date of birth, email address, address, country, phone number, credit card number, and

expiration date. The user is informed that this information is processed automatically.
Newsletters:
When the user visits www.be-diamond.be or sends emails, they consent to receive electronic communications from Be-diamond such as newsletters and are thus regularly informed about offers proposed by the site.

They can unsubscribe from this newsletter by clicking on the link at the bottom of each newsletter or on the website www.be-diamond.be
Cookies:Be-diamond reserves the right to collect data on the user, particularly through the use of cookies (a small file sent by an Internet server, which is recorded on the computer’s hard drive).

These cookies are used to anonymously collect information about the pages and elements of the site consulted. This information is not coupled with information that personally identifies the user, but is grouped to inform the company about how the public uses the site. Information about items the user adds to their basket is stored so that their selections are not lost from one visit to the next, but the user’s identity remains unknown to Be-diamond, unless they place an order.

The user can deactivate the use of cookies at any time by selecting the appropriate settings in their browser. However, they are informed that this may prevent them from accessing certain features of the website.
When the user browses the website, cookies from partner companies may be placed on the user’s computer. These cookies are intended to identify the elements consulted or purchased on the site www.be-diamond.be and to collect navigation data to personalize the advertising offer addressed to the user outside the site.
In the context of this partnership advertising, Be-diamond may transmit data to its partners about the items viewed by the user and the nature of their purchases. Right of Access and Rectification:
In accordance with the law of December 8, 1992, regarding the protection of privacy in relation to the processing of personal data, the user has the right to access, rectify, modify, and delete data at any time by sending an email to info@be-diamond.be
Be-diamond reserves the right to make changes to its privacy policy at any time, and for any reason.

**ARTICLE 11 – INVALIDITY**
If any part of these General Terms and Conditions of Sale is deemed invalid, it will not affect the validity of all other clauses, which will remain in effect.
If a condition is lacking, it will be governed by the procedures of mail order companies based in Belgium.

**ARTICLE 12 – DURATION**
These conditions apply for the duration that the services offered by Be-diamond are available online.

**ARTICLE 13 – PROOF**
Computerized records, maintained in the computer systems of Be-diamond and its partners under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties.

**ARTICLE 14 – APPLICABLE LAW AND JURISDICTION**
These conditions are subject to Belgian law. In case of dispute, Belgian law is applicable, and the courts of the judicial district of Brussels have exclusive jurisdiction.

Contact
Be-diamond

Hoveniersstaat 49-51 bus 83,

2018 Antwerpen

Email: info@be-diamond.be