General Sales Terms and Conditions
B - 1000 Brussels
BE 0862 428 780
T +32 50 33 22 00
F +32 50 33 41 84
Article 1: General provisions
The e-commerce website of Gilson Jewellers, a NV (Rouann NV), with its registered office at The Hotel Waterloolaan 38, 1000 Brussels, VAT BE 0862 428 780, RPR Gent, Department Bruges (hereinafter “Gilson Jewellers”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders
placed by a visitor to this e-commerce website (“Customer”). When placing an
order via the webshop of Gilson Jewellers, Customer must explicitly accept these Terms,
whereby Customer agrees to the applicability of these Terms with the exclusion
of all other conditions. Additional Customer conditions are excluded, except
when explicit accepted beforehand in writing by Gilson Juwellers.
ARTICLE 2: PRICE
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
eservation or administration fees that are charged must be specified separately.
ARTICLE 3: AVAILABILITY
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Gilson Jewellers. With respect to the accuracy and completeness of the provided information, Gilson Jewellers is solely bound to obligation of means. Gilson Jewellers is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Gilson Jewellers. Gilson Jewellers cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The customer can view and compare articles via the online catalog. Articles can be placed in a virtual shopping cart. After creating an account, the customer can order the contents of the shopping cart and pay with a payment method of his choice.
The Customer may choose between the following payment methods:
- via Visa
- via Mastercard
- via debet card (bancontact / maestro)
- via bank transfer to account number BE14 7380 1054 0383
When the payment has been completed and accepted, the customer will receive an electronic confirmation of his/her order. Here you will find an overview of the order. The jewelery and timepieces offered via this Gilson Jewellers e-commerce website constitute an offer that is subject to the condition of acceptance by Gilson Jewellers.
Gilson Jewellers is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
ARTICLE 5: DELIVERY AND EXECUTION OF THE AGREEMENT
Articles ordered via this webshop will be delivered in the EU countries.
Delivery occurs by a courier service. The costs associated with the delivery will be borne by Gilson Jewellers above a certain amount, unless otherwise the amounts for delivery are explicitly stated in the order procedure.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order. This applies to goods that are in stock at Gilson Jewellers at the time of the order. If the goods are not in stock, and therefore have to be ordered from an external supplier, Gilson Jewellers will inform the customer of the approximate delivery time.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Gilson Jewellers.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Gilson Jewellers.
ARTICLE 6: RETENTION OF TITLE
Delivered articles remain the exclusive property of Gilson Jewellers until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Gilson Jewellers, e.g. to anyone who would attempt to seize articles that are not fully paid for.
ARTICLE 7: RIGHT OF WITHDRAWAL
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Gilson Jewellers.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify Gilson Jewellers (Steenstraat 63-65, 8000 Brugge, +32 50 33 22 00, firstname.lastname@example.org) in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Gilson Jewellers of their decision to withdraw from the agreement to send back or hand over the goods to Gilson Jewellers Steenstraat 63-65, 8000 Brugge.The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way, Gilson Jewellers is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
If the articles are no longer in the original packaging and/or if accessories are missing, it will be examined on a case-by-case basis whether the right of withdrawal can be invoked.
The right of withdrawal lapses when it concerns articles that have been designed or manufactured with specific requirements of the Customer (e.g. the tailoring of rings, bracelets and necklaces), and which therefore deviate from a standard product, as well as in subsequent cases on the basis of the grounds exception from art. VI. 53 WER.
1. service contracts after full performance of the service if the performance has begun with the express prior consent of the consumer, and provided the consumer has acknowledged that he will lose his right of withdrawal once the company has fully performed the contract.
2. the provision or supply of goods or services whose price depends on fluctuations in the financial market that Gilson Jewellers has no influence upon and that may occur within the withdrawal period.
3. the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
4. the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.
5. agreements whereby the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance there; if, however, the company provides additional services during such a visit that the consumer has not expressly requested, or supplies goods other than spare parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal for those additional services or goods from application
6. the supply of digital content that is not supplied on
a tangible medium when the service has started with the explicit prior consent
of the Customer and provided the Customer has confirmed that he thereby lost
his right of withdrawal (e.g. downloading of music, software, etc.)
If the Customer withdraws from the agreement, Gilson Jewellers will refund all payments received from the Customer up to that point, with regard to the returned item, to the Customer within a maximum of 14 calendar days after Gilson Jewellers has been informed of the Customer's decision to revoke the agreement. In the case of sales agreements, Gilson Jewellers will withhold reimbursement until it has received all goods back.
Any additional costs as a result of the Customer's choice of a method of delivery other than the cheapest standard delivery offered by Gilson Jewellers will not be refunded.
Gilson Jewellers will reimburse the Customer by means of bank transfer, unless otherwise mutually agreed. Under no circumstances will you be charged for this refund.
ARTICLE 8: GUARANTEE
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Gilson Jewellers customer service and to return the product at their own expense to Gilson Jewellers.
Upon detection of a deficiency, the Customer must inform Gilson Jewellers as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
In the case of damage caused by water or moisture, it will be determined on a case-by-case basis whether the damage is due to incorrect use by the consumer or to a defect inherent in the item in question. If the water or moisture damage is due to incorrect use by the consumer, the legal guarantee cannot be invoked.
Jewelery is considered to be wear items. In the event of scratches, color changes or other damage, it will be determined on a case-by-case basis whether this is due to a defect inherent in the article in question, to normal wear and tear or to incorrect or careless use by the consumer. In case of normal wear and tear or incorrect or careless use of the jewel, the legal guarantee cannot be invoked.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
As far as timepieces are concerned, the warranty also applies to the watch's interior or mechanism. This warranty also does not apply to defects that have arisen as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item. , heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
The exterior of a timepiece is considered a wear item. In the event of scratches, color changes or other damage, it will be determined on a case-by-case basis whether this is due to a defect inherent in the article in question, to normal wear and tear or to incorrect or careless use by the consumer. The legal guarantee cannot be invoked in the event of normal wear and tear or incorrect or careless use of the timepiece.
ARTICLE 9: CUSTOMER SERVICE
Gilson Jewellers' customer service can be reached on telephone number +32 50 33 22 00, by e-mail at email@example.com or by post at the following address Steenstraat 63-65, 8000 Brugge. Any complaints can be directed to this. Gilson Jewellers undertakes to handle all complaints as quickly as possible.
ARTICLE 10: PENALTIES FOR NON-PAYMENT
Without prejudice to the exercise of other rights available to Gilson Jewellers, in the event of non-payment or late payment from the date of default, the Customer will automatically and without notice owe compensation on the unpaid amount. This compensation will be determined on a case-by-case basis and is proportional to the damage suffered.
Notwithstanding the foregoing, Gilson Juwelier reserves the right to take back items that have not been paid (in full) for.
ARTICLE 11: PRIVACY
The data controller, Gilson Jewellers, respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
The personal data provided by you will only be used for the following purposes: the execution of the agreement concluded, processing the order, sending newsletters, advertising and/or marketing purposes.
You have a legal right to access and possibly correct your personal data. Provided proof of identity (copy of identity card) you can obtain the written information about your personal data free of charge via a written, dated and signed request to Gilson Jewellers (Steenstraat 63-65, 8000 Bruges, +32 50 33 22 00, firstname.lastname@example.org). If necessary, you can also ask to correct the data that would be incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. For this you can always contact Gilson Jewellers (email@example.com).
We may collect data of a non-personal nature, such as browser type or IP address, the operating system you use or the domain name of the website from which you came to or leave our website.
We treat your data as confidential information and will not pass it on, rent it or sell it to third parties.
The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, Gilson Jewellers has no access to your password. Gilson Jeweler keeps online (anonymous) visitor statistics in order to view which pages of the internet site are visited to what extent. If you have questions about this privacy statement, you can you can contact us at firstname.lastname@example.org.
ARTICLE 12: LIABILITY
Information on the website
The information, software, products and services ("information") offered on or through this website may contain inaccuracies of all kinds. We do not guarantee the suitability, reliability, timeliness or accuracy of the information. The information is provided and displayed without warranty of any kind. We are also not liable for possible viruses, if these should occur despite the precautions taken on the site. We expressly reserve the right to change the information on the website at any time.
Links to other websites
This website may contain hyperlinks to websites or web pages of third parties and other parties, or refer to them in some other way. We have no control over the content or other features of these websites or web pages and are in no way liable for their content or features. The posting of links in no way implies an implicit endorsement of the content of these websites or web pages.
Advice via the website
If advice is given directly or indirectly via this website for making personal or business decisions, then this advice is given without any form of guarantee and without us being liable for this. You should always consult an expert for additional information about advice tailored to your situation.
ARTICLE 13: VALIDITY - NON RENUNCIATION
If any provision of these Terms is held to be invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by Gilson Jewellers to enforce any of the rights set forth in these Terms, or to exercise any right hereof, shall never be deemed a waiver of such provision and shall never affect the validity of those rights.
ARTICLE 14: CHANGE IN TERMS
These Terms and Conditions are supplemented by other terms and conditions explicitly referred to, and the Gilson Jewellers general terms and conditions of sale. In the event of any contradiction, these Terms and Conditions shall prevail.
Gilson Jewellers may change these Terms at any time without notice. Any purchase after the change constitutes an acceptance by the Customer of these new Terms.
ARTICLE 15: PROOF
The Customer accepts that electronic communications and backups can serve as evidence.
ARTICLE 16: APPLICABLE LAW - JURISDICTION
Belgian law applies, with the exception of the provisions of private international law on applicable law and of the Rome-I Regulation on international sales contracts relating to movable property. In the event of any disputes, only the courts in Ghent, Bruges division, are competent.
ARTICLE 17: PREVENTION COUNTERFEIT ITEMS
The entrepreneur at all times only offers products that it purchases from the original manufacturers and their wholesalers. In case of doubt about the authenticity of products, consumers can find more information and tips on the website https://www.eccbelgie.be. In case of suspected counterfeiting, the consumer can always submit a complaint via the Meldpunt https://meldpunt.belgie.be/meldpunt.