General Terms & Conditions
This document defines the terms and conditions applying to sales (General Terms and Conditions or GTC) concluded between, on the one hand, any person visiting the website of www.elicha-jewels.com, hereinafter referred to as the User(s), and, on the other hand, DWW company Comm V., registered with company number BE 0834.027.477 located at Kaalheide 15, 3090 Overijse in Belgium, hereinafter referred to as ELICHA Jewels. ELICHA Jewels is a DWW Company Comm V. owned brand. The e-shop www.elicha-jewels.com belongs to DWW-company Comm V. Access to sales via the E-shop is exclusively reserved for clients. A client is regarded as any consumer who is a natural person and who is acquiring the Items for his own exclusively personal use.
Consequently, by accessing and using the website www.elicha-jewels.com, Users agree to comply with all the terms and conditions specified herein. Users should note that these terms and conditions may be updated at any time. Therefore, they should consult this page regularly in order to inform themselves of any change made to the said terms and conditions. No person considered as incompetent, in particular within the meaning of articles 1123 and following of the Civil Code may under any circumstances purchase items on this website.
1. IDENTIFICATION OF THE COMPANY OFFERING THE GOODS FOR SALE
E-shop Publisher: DWW-Company Comm V. Kaalheide 15, 3090 Overijse in Belgium
Editorial Director: Marie WAUTERS
Web Host: SHOPIFY.COM
2. CONTENT OF THE OFFER & AVAILABILITY & ORDER
All products shown on www.elicha-jewels.com are subject to acceptance and availability.
Due to the nature of some of our products, they may not be available at all time.
Our website is updated regularly to ensure that our stock quantities are accurate. However irregularities of availability and shortage may occur. You will be informed about the availability of the items in the product description of the item. In case an order is placed for a product, which is no longer available, we shall contact you within 72 hours to inform you of the shortage.
ELICHA Jewels reserves the right to withdraw any product from the website at any time and remove or edit any material or content of the website without prior notice and without any liability for any damages occurring from the above actions.
Our products are 18 karat gold pieces of jewelry designed by Marie Wauters and handmade in Belgium by her goldsmiths and setters.
The characteristics of all products are predefined as far as possible by ELICHA Jewels on the web page (font, illustrative photographs, etc.), which enables Users to familiarize themselves, before placing a firm order, with the essential characteristics each piece of jewelry that they order. Users acknowledge that their acceptance is based on these descriptions. Any claims concerning the nature of items must relate to the product’s descriptive sheet.
The ordering process is as follows:
- Choice of items and their essential characteristics;
- Added to basket;
- Validation of the basket’s content;
- Logging in to www.elicha-jewels.com, if the User is not already logged in;
- Choice of delivery method;
- Choice of means of payment and acceptance of the GTC;
- Payment validation.
During these various stages, Users may view the details of their order and its total price and also correct any errors, if necessary, before confirming the order. Only orders placed by adults or persons over 18 years of age will be accepted. By placing an order you certify that you are an adult according to the laws of your country or state of residence. Confirmation of the order implies the User’s acceptance of these terms of sale, his or her acknowledgement that he or she has read them in full and agreement to waive the application of any other terms and conditions. All the data provided at the time that the order is placed and its confirmation shall constitute valid proof of the transaction.
Once an order has been validated on the website, the User acknowledges that his or her acceptance constitutes a firm and irrevocable commitment: the sale is considered to have been completed and its payment is immediately due by the User.
An e-mail confirming the order will be sent. This e-mail only confirms receipt of the order by ELICHA Jewels. Once an order has been confirmed, and if not available the manufacturing lead time for the creation of each item is approximately 6 weeks. ELICHA Jewels will inform the User by e-mail when the product has been manufactured. None of these e-mails shall constitute acceptance of the order. No sales contract shall exist between parties until the ELICHA Jewels has confirmed by e-mail that the products ordered have been dispatched to the User, and only the items listed in the e-mail confirming dispatch shale be covered by the said contact.
Every effort has been made to ensure that the descriptions, images and specifications of each product are accurate. However, as the actual colours you see will depend of your computer, we cannot guarantee that your computer’s display of any colour will accurately reflect the colour of the goods delivered. We may from time to time vary dimensions, specifications of goods displayed on the website without prior notice.
ELICHA Jewels reserves the right to cancel or refuse any order from a User with whom a dispute may exist regarding payment for a previous order or who, in ELICHA Jewels’ opinion, may represent a risk.
ELICHA Jewels undertakes to meet orders placed on its website subject to stock availability. If one or more items ordered are not available, ELICHA Jewels will inform the User promptly of their non-availability and, if applicable, to reimburse the User within not more than 45 days after payment of the amount due. The User’s order will then be automatically cancelled.
3. PRICE & PAYMENT
The price of the Items is shown on the website in euros (€) and is deemed to include VAT (but no delivery charges). The final cost of your order will include the delivery charges. ELICHA Jewels reserves the right to change the price of products offered on the e-shop at any time and without prior notice. Items are invoiced at the tarifs shown on the E-shop on the date your order is confirmed, subject to the availability of the Items ordered at that precise time. ELICHA Jewels checks to ensure that all prices shown on the E-shop are accurate. If cannot, however, give any guarantee that no errors have occurred. Should an error in the price of an article occur, ELICHA Jewels will give the client the option of reconfirming the purchase of the Item at the correct price or of cancelling the order. If ELICHA Jewels is unable to contact the client, the order will be considered cancelled.
4. METHODS OF PAYMENT
By purchasing on this site you confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. Payment can be made by Paypal, Bancontact, Visa, Master Card and any other methods that may be advertised on the site. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment we will not be liable for any delay or non-delivery.
All orders will be dealt with as soon as they have been validated. All the payments made on our E-shop are secured thanks to the process of encoding SSL. The transaction will only be debited against the client’s credit card when the card details have been verified, the company that issued the credit card used by the client has authorized the debit. ELICHA Jewels has confirmed that the item is available, and the order is ready for shipment. When the total amount of the order is above 10.000€, the client will be invited to pay the cost of his order by banking transfer. Transfer of ownership transfer of the good purchased online is confirmed once full payment is validated. Transfer of risk and loss or damage of the purchased good is carried out from the delivery of the item.
5. DELIVERY & SHIPPING
Free worldwide delivery on orders over 2,500.00€. Free shipping announced, it does not mean there are no costs on our side. Therefore in case of return of the piece the transport for delivery of the piece will be deducted from reimbursement at the standard shipping rate depending on destination (€15 for Belgium, €25 for Europe – €50 for rest of the world).
As the products sold on www.elicha-jewels.com are custom-made, the manufacturing lead-time for products ordered but not in stock on the website is approximately 6 weeks with effect from the confirmation of the order. ELICHA Jewels will send an e-mail to inform the User when the order has been produced. Following this e-mail the order is prepared and dispatched as soon as possible by ELICHA Jewels.
Deliveries are made everywhere around the world. Products are delivered to the address indicated by the User at the time the order is placed.
Delivery costs are the following ones :
- Belgium : €15
- Europe (excl. Belgium) : €25
- Other countries : €50
If available the delivery will take place within 5-7 working days if the piece has to be produced the delivery will be proceeded within 8 weeks. This delivery time is provided for information purposes only. ELICHA Jewels shall incur no liability in the event of delays, loss of products ordered or strikes which are due to the postal services or carrier. In such cases, the User must take the appropriate action directly with the postal services or carrier. In order to ensure that products arrive in perfect condition and are protected during transport, all products are carefully packed by ELICHA Jewels in accordance with applicable standards.
Shipping to USA : For international orders shipped to customers in the US, please be aware that US Customs may ask for your IRS, EIN or SSN number before enabling delivery to your address.
All orders are delivered using the shipping methods provided by Bpost. While transport the items are insured to ELICHA Jewels. Please note that we cannot make deliveries to P.O. boxes and Cedex number. You will receive a confirmation email from our website as soon as you have placed your order. You will be notified via email when your order will be dispatched with tracking information for your package. For reasons of security, Items purchased on the E-shop will be delivered in plain packaging to the address linked to the credit card, and the signature of an adult aged 18 years above will be required upon delivery. Please note all items must be signed for. Please ensure that you are able to sign for the package at the delivery address provided when placing your order.
Orders are shipped Monday to Friday, except on public and national holidays. The merchandise must be delivered in the presence of a person who is legally of age, the delivery person handing the recipient the parcel receipt and asking him to sign it. Two (2) attempts will be made to deliver the goods per shipment. Should the parcel be refused, or after (2) attempts to deliver it, the parcel will be returned ELICHA Jewels. If there is no-one available to take receipt of the parcel, an advice note saying that an attempt had been made to deliver it will be left in the recipient’s letter box. The Client can then contact Bpost to reschedule delivery. When delivered users must check the packaging and the products at the time of delivery, you should check that the articles are in order and indicate any reserves you may have in writing, on the delivery note if possible. Please then sign it and note any anomalies observed (parcel opened, damaged, Item damaged, missing etc). Any problems concerning the items delivered (damaged, missing articles, broken or faulty items, etc.) must be communicated to ELICHA Jewels within 2 days (including public holidays) after delivery (as per postmark). This notification stating all the User’s reservations and claims relative to the non-conformity of the products delivered or defects, is to be sent by e-mail to email@example.com and by registered letter with acknowledgement of receipt to ELICHA Jewels Kaalheide 15, 3090 Overijse, Belgium.
If the articles do not comply with your order or if they are not to your satisfaction, you may return them and ask for an exchange or for a refund within the conditions described here below.
If ELICHA Jewels is unable to deliver Items that have been ordered because these have become suddenly unavailable, even temporarily, it will immediately advise the client of this and in any case within 30 (thirty) days at the latest by electronic mail. Any monies already paid by the client will be reimbursed as soon as possible and in any case within 45 days of payment of monies paid.
6. INTERNATIONAL SHIPPING
For all international orders, please note that the consumer is responsible for any tax and duty fees on orders required to go through customs. ELICHA Jewels is unable to pre-calculate this fee for you as the cost is determined by each country’s customs. ELICHA Jewels is not responsible for any delays caused by any customs clearance procedures in the country of destination. If you are having trouble placing your order or want to know time frame for delivery please email firstname.lastname@example.org. We will do everything we can to help you.
7. CANCELLING AN ORDER
If you wish to cancel your order please contact us by email at email@example.com stating your order number.
Cancellation must be received within 24 hours of ordering. If you notify us for a cancellation later than 24 hours after placing the order, we will do our best to accept your request provided we haven’t processed or dispatched your order yet. If we accept your cancellation request, we will notify you by email to the email you have registered with us. As soon as we accept your cancellation request, the customer will be refunded to the payment method he/she provided our website. Refunds may take a few days to complete, according to the policies set out by our payment-processing partner.
8. RETURNS & EXCHANGE
We want our client to be entirely happy with the jewelry and hope you are satisfied with your purchase. If for some reason you are not, all goods from online order may be returned for an exchange or refund within the 14 days from the date you received your order. Concerning custom-made jewelry (on demand or according to the client’s personalized specifications) and in accordance with the Belgian law on market practices and consumer protection of 6 April 2010, the client does not have any right to cancel the purchase (right of withdrawal) or right to return or exchange products.
Please make sure your items are returned new, unused including their original ELICHA Jewel packaging and the ELICHA Jewels certificate of authenticity.
Upon return of an item our expert will screen all returns before granting a refund or an exchange. Items that do not meet our policy will not be accepted and will be sent back to the customer without any refund given.
Please note that refunds can take up to 30 working days to show on your account due to varying processing times between payment providers. Please contact firstname.lastname@example.org for further questions.
We will refund the cost of the item(s) less our delivery charge once the goods are returned. Please note : you will be responsible for the item(s) until they reach us and we suggest you use a secure delivery service which requires a signature for proof of receipt. You will have to provide your proof of purchase from DWW Company Comm V.in order to receive a refund.
In case of defective or wrongly delivered items at the fault of ELICHA Jewels, exchange or refund of payment shall be issued, upon request, unless the defect or the wrong delivery has taken place or is attributed to the postal carrier’s negligence. If an order is received damaged please do not accept the delivery. If you realize that an order is damaged after opening the parcel, please photograph the damaged item immediately and notify us as soon as possible. Please note that we insure all orders against damage during transit. No reclamation will be accepted after 2 working days.
Please note, that international custom charges, duties and sales tax are non-refundable for shipments outside the European community (eu).
9. GUARANTEE & SERVICES
We offer a one-year limited guarantee (production defaults) for each piece of jewelry bought at ELICHA Jewels e-shop. Each guarantee is dated from the date of your purchase, and noted on your «Certificate of Authenticity», given at the time of the purchase. This certificate is to keep preciously with your piece of jewelry as it constitutes the proof of the jewel guarantee. The client is responsible of its certificate and it is to the client to require the certificate if this one was not given at the time of the purchase.
Any jewel presenting a production default recognized by our technical service is to be repaired or replaced, under guarantee. Any other default caused by an abnormal use, will not be covered by the guarantee. ELICHA Jewels are made to be worn and to enjoy but there are some recommendations to follow in order to preserve your jewelry.
10. ERRORS, INACCURACIES, LIABILITY
ELICHA Jewels constantly updates the information published on the website. It is impossible, however, to guarantee that the Website is at all times error-free. The Website may contain data input errors, inaccuracies or omissions, some of which relate to the price and the availability of an Item and the description of the Item itself. ELICHA Jewels reserves the right to correct errors, inaccuracies or omissions, even after an order has been shipped, and equally reserves the right to change or update information at any time without prior notice. ELICHA Jewels shall incur no liability for any damage incurred as result of any inaccuracy, including direct and consequential damages, or the loss of enjoyment resulting from the use of the website.
ELICHA Jewels shall incur no liability for any delay or failure to fulfil the order due to a technical problem or any other cause outside its control. In such cases, the website shall be entitled to delay dispatch and delivery or cancel the order. ELICHA Jewels shall in no event incur any liability for any inconvenience or damage inherent in the use of the Internet, in particular connection interruptions outside interference or the presence of computer viruses, or any other events of force majeure.
The photographs and illustration of products on the Internet website www.elicha-jewels.com shall have no contractual value and ELICHA Jewels shall in no event incur any liability in this regard. ELICHA Jewels reserves the right to withdraw or change certain services or features of the website without notice. ELICHA Jewels reserves the right, at any time and for any reason, to change or interrupt, temporarily or definitively, in full or partially, access to the website, without informing Users. ELICHA Jewels shall incur no liability for any direct or consequential damages in connection with any change, suspension or interruption of access to the website. In addition, ELICHA Jewels may restrict access to certain parts or to its entire website.
The website www.elicha-jewels.com may contain hypertext links directing Users to other websites. The company DWW shall in no event incur any liability for the content of such web websites should they infringe legal and regulatory provisions in force, or for the consequences of the use of these websites by Users. www.elicha-jewels.com shall incur no liability for fraud or negligence committed by its employees, subcontractors and implementing agencies.
11. LAW APPLICABLE & COMPETENT COURT
These Terms & Conditions are subject to Belgian law. Should any problem arise when ordering or taking delivery of ELICHA Jewels items, before taking legal action the client has the opportunity of seeking an amicable solution, particularly with the assistance of a consumer association or any other advice of his choosing. Any dispute that may arise from the interpretation or execution of these Terms & Conditions or from the consequences of same will be subject to the exclusive jurisdiction of the Leuven court of justice.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties that we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information, which we hold about you under the data protection Act 1998. A small fee may be payable. If you would like a copy of the information held on you please write or email us.
The online shop www.elicha-jewels.com is operated according to Belgian legislation and it stores your personal data with safety for as long as you are registered with www.elicha-jewels.com.
14. INTELLECTUAL PROPERTY
DWW Company Comm V. is the owner of www.elicha-jewels.com. All site content including ELICHA Jewels logo, photographs and designs (except for third party links) are the property of DWW Company Comm V. Copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited without permission. This site is for personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
15. RE-SIZING & MEASURING THE JEWELRY
All of our rings are standard Europe sizes. If you don’t know your Europe sizes, we highly suggest getting sized by a local jeweler. We cannot be responsible for determining your ring size. Choosing the correct ring size is responsibility of the customer. Your ring should fit your finger comfortably, snug enough so that it will not fall off, but loose enough to slide over your buckle. Finger size changes depending on the time of the day and the weather.
Please note, that resizing a ring or adjusting jewelry may not always be possible. We would like to point out that if it is allowed an extra delay for the delivery must be considered. Depending on the demand extra costs could also occur. We will contact you as soon as possible by mail concerning the possibility of re-sizing, re-adjusting the piece of jewelry.
If any part of these General Terms of Sale is deemed to be invalid, this shall not affect the other terms and conditions which shall remain in full force. Where these General Terms of Sale are silent on any matter, it shall be deemed to be governed by the practices of distance selling companies that are headquartered in Belgium.