Terms & Conditions
ARTICLE 1 – OBJECT
This document (General Terms of Sale) defines the terms and conditions applying to sales concluded between, on the one hand, any person visiting the site of maccjewel.com, hereinafter referred to as the user(s), and, on the other hand, the company bvba D’lance, registered under the number 341 113, and having its registered office at Hagedoornlaan 15, 2610 wilrijk, the owner of this site.
Consequently, by accessing and using the site maccjewel.com, users agree to comply with all the terms and conditions specified here in. Users should note that these terms and conditions may be updated at any time. Therefore, they should consult this page regularly in order to apprise themselves of any changes 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 site.
ARTICLE 2 – ORDERS
The products offered for sale on the site maccjewel.com are gold jewels made to order or available on stock.
The characteristics of the jewels are predefined as far as possible by maccjewel.com on the web page of each product (typefaces, illustrative photographs, etc.), which enables users to help themselves, before placing a firm order, with the essential characteristics of the jewel 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.
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 site, 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. The user is therefore is no longer entitled to correct, exchange or return the item(s) ordered.
Maccjewel.com will then send an e-mail confirming the order.
Once an order has been confirmed, the manufacturing lead time for the creation of each item is approximately 4 weeks or available on stock. Maccjewel.com will inform the user by e-mail when each item of jewellery has been manufactured.
Maccjewel.com 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 maccjewel.com’s opinion, may represent a risk.
Maccjewel.com undertakes to meet orders placed on its site subject to stock availability. If one or more items ordered are not available, maccjewel.com undertakes to inform the user promptly of their non-availability and, if applicable, to reimburse the user within not more than 30 days after payment of the amount due. The user’s order will then be automatically cancelled.
ARTICLE 3 – PRICES
All prices indicated on the site maccjewel.com are expressed in Euros, inclusive of all taxes, excluding any delivery charges, if applicable.
The prices of the items proposed on maccjewel.com are valid for 24 hours after their publication on the site. Products are billed on the basis of the prices in force at the time the order is placed.
The price is payable in full in a single payment.
Products shall remain the property of maccjewel.com until payment in full has been received.
Maccjewel.com shall do everything possible to ensure that all the details, descriptions and prices which appear on its site are accurate, but errors may occur. If an error is noted in the price of items that the user has ordered, maccjewel.com shall inform the user accordingly as soon as possible by e-mail and shall offer him or her the possibility to re-confirm the order at the real price or to cancel it.
Payment is due by the user immediately after the order has been placed. Users then pay for their order using the paypal or visa.
VAT payment conditions:
Unless stipulated otherwise, the prices indicated on the site include VAT at the Belgian tax rate.
– Items dispatched to Belgium:
Consumers and businesses: the sale includes VAT at the Belgian rate of 21%.
– Items dispatched to another European Community country:
Consumers: the sale includes VAT at the Belgian rate of 21%.
Businesses: the sale is exclusive of VAT (provided that a valid intra-community VAT number is provided).
ARTICLE 4 – PAYMENT ARRANGEMENTS
The site has chosen to receive payment by credit card via paypal, a secure payment system which encrypts all the information relative to the use of cards during online payment transactions via the site.
The following cards are accepted: Visa, MasterCard/Eurocard.
ARTICLE 5 – OWNERSHIP-RISKS
Ownership of products is transferred only after receipt of payment in full of the product price, irrespective of the delivery date.
In the case of items sold to a consumer (within the meaning of the Belgian law of 6 April 2010 on market practices and consumer protection), the risk is transferred at the time the product is delivered to the user.
In the case of sales to a business, the risk of loss is transferred to such clients as soon as the parcel is handed to the carrier.
The date indicated on the delivery document constitutes valid proof of the delivery date.
ARTICLE 6 – DISPATCH AND DELIVERY
As some of the jewellery sold on maccjewel.com is custom-made, the manufacturing lead time for jewellery ordered on the site is approximately 4 weeks with effect from the confirmation of the order. Maccjewel.com will send an e-mail to inform the user when the jewel has been produced.
After this e-mail has been sent, the order is prepared and dispatched as soon as possible by maccjewel.com.
Deliveries are made to the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain , Finland, France, Greece, Hungary, Ireland, ,Italy, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia and Sweden.
Products are delivered to the address indicated by the user at the time the order is placed.
Delivery is handled by Bpost for Belgium and by Fedex for the other countries.
Delivery rates are as follows:
– Belgium: 10euro for orders under 300euro and free delivery above.
– Other countries: 30 EUR
Products are delivered only during the 5 working days in the week (no deliveries will be made during the weekend). Users should note that orders registered on the site on Friday afternoon will not be processed until the following Monday.
Delivery times are as follows:
– 2 to 3 working days for Belgium,
– 3to 4 working days for the rest of Europe.
These delivery times are provided for information purposes only.
Maccjewel.com 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. Users must check the packaging and the products at the time of delivery.
Any transport related anomaly must be communicated to the carrier or its representative immediately, on the transport document, or within not more than 3 days (including public holidays) after delivery (as per postmark). A copy of this notification is to be sent to maccjewel.com by registered letter with acknowledgement of receipt, and by email to firstname.lastname@example.org, in accordance with the same deadlines.
Any problems concerning the items delivered (damaged, missing articles, broken or faulty items, etc.) must be communicated to maccjewel.com within 3 days (including public holidays) after delivery (as per postmark). This notification, stating all the user’s reservations and claims relative to the nonconformity of the products delivered or defects, is to be sent by e-mail to email@example.com.
No claims will be accepted after this period.
ARTICLE 7 – RETURNS
In accordance with the Belgian law on market practices and consumer protection of 6 April 2010, for the items sold on maccjewel.com which are custom-made according to the client’s specifications, the client does not have any right to cancel the purchase (right of withdrawal) or right to return or exchange products.
Once an order has been validated on the site, users acknowledge that the transaction has been accepted in full consideration of the description of the jewellery sold, and that it constitutes a firm and irrevocable commitment. The sale is then considered to have been completed and the purchase price is immediately due. From this time on, the user does not have any right of withdrawal, or right of exchange or return.
ARTICLE 8 – LIABILITY
Maccjewel.com shall incur no liability for any delay or failure to fulfill the order due to a technical problem or any other cause outside its control. In such cases, the site shall be entitled to delay dispatch and delivery or cancel the order.
Maccjewel.com 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.
Maccjewel.com does not guarantee the accuracy of the information posted on this site and 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 site.
Maccjewel.com reserves the right to make changes to its site and its content at any time, including to its rates, descriptions and stock, without notifying users, whether or not they are registered with the site. The photographs and illustration of products on the Internet site maccjewel.com shall have no contractual value and maccjewel.com shall in no event incur any liability in this regard.
Maccjewel.com reserves the right to withdraw or change certain services or features of the site without notice. Maccjewel.com reserves the right, at any time and for any reason, to change or interrupt, temporarily or definitively, in full or partially, access to the site, without informing users. Maccjewel.com shall incur no liability for any direct or consequential damages in connection with any change, suspension or interruption of access to the site. In addition, maccjewel.com may restrict access to certain parts or to its entire site.
ARTICLE 9 – INTELLECTUAL PROPERTY
All the jewel creations are the latter’s exclusive property and are protected by intellectual and/or industrial property rights throughout the world.
Macc is a registered trademark which is owned exclusively by the company Bvba D’lance. Users are not authorised to use this trademark in any way and they agree not to use this trademark or similar trademarks without the prior, written consent.
ARTICLE 10 – CONFIDENTIALITY POLICY
In accordance with the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, maccjewel.com undertakes to protect the privacy of its users.
Collection and use of data
Maccjewel.com reserves the right to collect user date, in particular when a user places an order on the site. All the personal data collected are intended exclusively for internal use.
The user information and data requested by maccjewel.com are necessary for registering and following-up orders. They also enable maccjewel.com to provide its users with customised services and improve the relevance of the information provided to clients. In using this site, users agree that their personal data may be processed on the basis described below and warrant that all the data provided by them are correct.
When users visit the site maccjewel.com or send e-mails to it, they agree to receive electronic communications from maccjewel.com, such as newsletters, so as to be kept informed on a regular basis of offers available on the site.
Users can unsubscribe from this newsletter, by clicking the link at the bottom of each newsletter or on the site maccjewel.com.
ARTICLE 11 – INVALIDITY
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.
ARTICLE 12 – DURATION
These terms and conditions shall apply throughout the period during which maccjewel.com offers its services online.
ARTICLE 13 – PROOF
The computerized records stored in the computer systems of maccjewel.com and its partners under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties.
ARTICLE 14 – GOVERNING LAW AND JURISDICTION
These General Terms of Sale shall be governed by Belgian law. In the event of any disputes, the applicable law shall be Belgian law and the courts of the judicial district of Antwerp shall have exclusive jurisdiction.