General conditions of sale – Sylvie Jousset
These general terms and conditions of sale are agreed, on the one side, by Sylvie Jousset, whose head office is located at 969 chaussée d’Alsemberg, 1180, Brussels (email: email@example.com, telephone number: +32 491 505 205), registered at the Banque Carrefour des Entreprises [a Belgian government economic affairs department’s database containing all the basic data concerning companies and their business units] with the number BE0839293191 and hereafter referred to as ‘SJ’ or ‘the Seller’ and, on the other side, by any consumer acting for their own personal reasons, wishing to proceed to a purchase via SJ’s website, hereafter referred to as ‘the Purchaser’.
Sylvie Jousset offers distance selling and the delivery of jewels via the website www.sylviejoussset.com. Any order on SJ’s website is subject to these general terms and conditions of sale and requires the acceptance, in advance, of all the general terms and conditions of sale. By making an order on SJ’s website, the Purchaser declares that they unreservedly accept these general terms and conditions of sale, which are the totality of enforceable contractual documents between SJ and the Purchaser.
To make an order, the Purchaser chooses, on SJ’s website, the product or products that he/she wishes to buy and then fills in an order form by filling in all the compulsory fields as well as, if he/she wishes, the fields designated as optional.
The Purchaser is the only person responsible for the choice of products ordered and their matching his/her needs.
The Purchaser must take note of, when making his/her order, specific sales conditions displayed on the screen (name, price, components, quantity, specificity of products, delivery cost) and expressly declares that he/she unreservedly accepts them.
The photographs of the products are as faithful as possible but cannot guarantee a perfect likeness with the product offered as each jewel is produced by hand.
The jewels are created on demand. If, despite efforts, SJ is unable to produce the item ordered, SJ will inform the Purchaser by email as soon as possible and will offer him/her the option to choose between waiting or cancelling his/her order of the article free of charge. The order is summarised on the website, which allows the Purchaser to check the detail of his/her order and, in particular, the price and information communicated and to correct possible mistakes before confirming the order.
Making the order and confirming it after the verification of all the elements by the Purchaser establish his/her full and complete acceptance of the general and specific terms and conditions of sale that are applicable to the order.
SJ acknowledges receipt of the order by email. This confirmation includes:
- The name of the articles bought;
- The price, in euros, of the articles bought;
- The amount, in euros, of the delivery costs;
- The means of payment.
The prices are indicated in euros and are only valid on the date that the order is made. The price of articles can be changed by SJ at any time. Only the price displayed on SJ’s website at the time when the order is confirmed is legally valid between the parties.
The prices take account of Belgian VAT applicable on the day of the order and any change in the rate applicable on the VAT will be automatically reflected in the prices indicated.
The payment of the price is carried out upon the order being made. The transfer of property of the articles ordered will only be effective after they are paid for and this payment is duly registered by SJ’s bank. The price displayed does not include delivery costs. These costs are indicated in the specific conditions of each order.
Means of payment
To settle his/her order, the Purchaser carries out the payment at the time of the final confirmation of the order by using the means of payment chosen. This confirmation serves as a signature.
The order that is confirmed by the Purchaser will only be considered as definitive when the payment has been registered and confirmed by SJ’s financial institution. SJ reserves the right to cancel or to suspend any order and/or any delivery in the event of non-payment or refusal to register the payment by the banking institution of the Purchaser or in the event of an existing commercial dispute with the Purchaser.
Availability of articles
SJ’s sales offer is only valid up to the limit of available stocks. In the event of an article not being in stock, the Purchaser will be informed of the time needed for it to be produced.
If this timeline is does not suit the Purchaser, the latter has three working days to cancel his/her order. The sums already paid will be refunded to him/her within 30 days at the latest. In the case of sizing a ring or a specific order, additional production time may be needed. The Purchaser will be informed by email of these additional time periods.
The Purchaser will be informed in the event that an article is no longer available. The Purchaser will then have the option to cancel his/her order and 1) to obtain a refund of the amounts paid out within 30 days at the latest of their being paid out or, 2) to proceed to an exchange for an article of equivalent value, or of a different value, via an additional payment (or refund) of the difference in the value.
The delivery costs are indicated when the Purchaser finalises the order. These costs vary depending on the geographic area of delivery of the articles. These costs cannot be challenged by the Purchaser once he/she has necessarily taken note of them when he/she has paid for his/her order.
The articles are dispatched to the address indicated by the Purchaser at the time that the order is made and sent by recorded delivery, unless there is a different explicit instruction expressed by the Purchaser and for which possible additional costs will be billed to him/her.
SJ alone bears the risks related to the transport of products ordered up until their delivery to the address specified by the Purchaser. As from that moment, the Purchaser alone bears the risks. Delivery timelines are only given for indicative purposes; if these exceed thirty days dating from the order, the sales contract can be cancelled and the Purchaser refunded.
If the Purchaser were to receive a delivered product/delivered products that is/are defective, damaged (damaged package, already open etc.) or not corresponding to his/her order, the Purchaser must refuse the package.
In the event that he/she issues reservations during the receipt or refusal of the goods, the Purchaser must declare these, within 48 hours at most, by email to the following address: firstname.lastname@example.org. On receipt of the returned products, SJ will proceed, according to the Purchaser’s choice, to exchange or refund the product(s).
SJ cannot be held liable in the event of an error on the data relating to the recipient of the order and which would lead to a delay or make delivery impossible. In this case, the products ordered as well as the delivery costs cannot be subject to a refund.
The Purchaser is advised that, in the context of a dispatch outside Belgium, he/she may be charged additional taxes and/or costs when he/she picks up his/her article.
Right of withdrawal
In accordance with the public order legal provisions in relation to distance selling, the individual Purchaser has a period of 14 working days to return the articles ordered, at his/her expense and imperatively by registered post with a signature on receipt and in their original packaging, to the following address: Sylvie Jousset, 969 Chaussée d’Alsemberg, 1180 Brussels, Belgium.
This time period starts as from the date of delivery of the articles. The Purchaser must inform SJ of his/her decision by email to the following address: email@example.com. The Purchaser may use the withdrawal form below or make another unambiguous declaration setting out his/her decision to withdraw from the contract.
MODEL WITHDRAWAL FORM
• For the attention of Sylvie Jousset, Chaussée d’Alsemberg 969, 1180 Brussels, Belgium. E-mail: firstname.lastname@example.org
• I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract relating to the sale of the following item: …………………………………………………………………………………………..
• Ordered on (*)/received on (*) : …………………………………………………………………………………………..
• Name of the consumer(s) : …………………………………………………………………………………………..
• Address of the consumer(s) : ……………………………………………………………………………………………. …………………………………………………………………………………………….. ……………………………………………………………………………………………..
• Date ……………………………………………………………………………………..
• Signature of the consumer(s) (only in the case of notification of this form on paper) ……………………………………………………………………………………………….
(*) Cross out as appropriate.
The refund will be made, by bank transfer, within 30 days following receipt of the articles by SJ.
The Purchaser’s right of withdrawal is frozen in case one of the following events arise in relation to the article returned:
- Damaged or already worn article (articles showing signs of wear and tear or scratches or which have visibly already been worn will not be refunded);
- Incomplete article;
- Original packaging absent;
- Articles for which it is difficult or even impossible to resell.
In these conditions, the article in question will neither be taken back nor exchanged and the costs of sending it back will be borne by the Purchaser.
The Purchaser does not benefit from his/her right of withdrawal for articles produced according to his/her specifications and guidelines (personalised or made to measure articles).
All the elements of SJ’s website and in particular literary, graphic, phonographic, photographic and electronic data, as well as the items displayed, are the property of SJ and are protected by intellectual property laws. Any act of reproduction or transmission, other than exceptions exhaustively acknowledged by the law, and unless there is an explicit and written agreement from SJ, is prohibited and subject to civil and criminal penalties.
Security of personal and banking information
In order to guarantee the security of personal and banking information that the Purchaser could be called on to provide on the website, SJ uses the following technologies and services:
An SSL certificate ensures a secure connection between the user’s browser and the server of the website visited. The data transmitted are thus protected.
A secure connection is easily identifiable thanks to the green lock as well as the ‘https’ protocol that appears in the browser’s address bar, to the left of the address of the website visited.
SJ uses an SSL certificate provided by the Let’s Encrypt certification authority. To know more about Let’s Encrypt, see: https://letsencrypt.org/. SJ uses the Stripe payment platform:
Stripe is an online payment platform that enables you to carry out transactions in a secure manner. SJ does not have access to the Purchaser’s banking data. These are directly transmitted to the servers of the payment platform, which has security in place adapted to this type of activity.
The bank data of the Purchaser are therefore not kept in SJ’s database.
To find out more about Stripe, click here : https://stripe.com
Data of a personal nature / confidentiality policy
All the personal data needed to process an order are kept by SJ or her co-workers and can be transmitted to the companies with which SJ – or her providers – work, when such a communication is needed for processing an order.
This information can, in addition, be used to allow the dissemination, by any means of communication, of information relating to SJ’s commercial activities to her customers.
Finally, SJ keeps the personal data of the customer in order to facilitate subsequent orders. SJ also commits not to divulge information that she has to another company or to another enterprise.
In accordance with the law, the Purchaser is advised that he/she has the right of access to and right to rectify personal data about them. This right is exercised by sending an electronic mail to the following address email@example.com.
In respect of Regulation number 2016/679, the General Data Protection Regulation (GDPR), you have the right to access your data, to rectify them or to remove them. Your detailed rights may be consulted at the following address:
A cookie is a small text file that can be stored on your computer when you visit websites.
Information is saved in this text file, such as your choice of language on a website. When you visit the website later again, this cookie returns to the concerned website. In this way, the website recognizes your browser and can for example retain your choice of language.
Cookies usually also have an expiration date. For example, some cookies are automatically deleted when you close your browser (so-called session cookies), while others can be stored longer on your computer, sometimes until you delete them manually (so-called permanent cookies).
The website sylviejousset.com uses these types of cookies:
- Essential / functional cookies (always required); these cookies are necessary for purely technical reasons for a normal visit of the website. Given the technical necessity, an information obligation solely applies, and these cookies are saved from the moment you access the website.
- Cookies for analytical purposes (optional); These are statistical cookies that allow us to know how many times a specific page has been visited. We only use this information to improve the content of our website. These cookies are only placed if you accept their placement.
The Purchaser acknowledges that he/she has consulted all the information relating to the article before his/her purchase. As the articles are produced by hand, each item is unique and it is normal that each article is slightly different from the photos displayed on the website.
The characteristics of products can thus vary slightly from one article to another; these differences cannot be used as a justification for refusing a delivered product.
The Purchaser is advised that the photographs illustrating the online catalogue are not contractual and may be changed at any moment.
SJ cannot be held responsible for a photo that does not conform to the jewel and/or an erroneous photograph. SJ only guarantees that the products delivered correspond to the textual description provided on the website.
For any information or question about an article or an order, the Purchaser may contact SJ by the following means: Tel: +32 (0)491 505 205, e-mail: firstname.lastname@example.org.
Beyond the guarantee that the Purchaser benefits from under legal provisions, SJ does not offer any complementary contractual guarantee for the articles purchased online. The Purchaser bears the burden of proving the existence of non-compliances.
The invoice or the delivery voucher act as guarantees and must be kept by the Consumer and produced in their original form.
This guarantee only covers existing defects in terms of the object being compliant at the time of the delivery of the goods. Defects or damage caused by poor use, such as water damage, oxidisation, falling or shocks, negligence and wear and tear, are not covered by the guarantee. Similarly, repairs carried out by experts that have not been approved by SJ will give rise to the cancellation of the guarantee.
The Purchaser has the obligation to regularly consult the general terms and conditions of sale online, which take precedence over any other contractual conditions. Any contractual modification to the general terms and conditions of sale can be challenged by the Purchaser within 72 hours of their being put online.
Any claim on an online purchase must imperatively be formulated within 48 hours following receipt of the order or it will be legally inadmissible. Any claim must be addressed by electronic mail to the following address: email@example.com and include the references of the article concerned and the precise reasons for the disagreement.
The Purchaser is advised that the liability of SJ, whatever the nature of the prejudice, will be, in any event, limited to the amount of the order.
In case of non-execution, the liability of SJ cannot be sought if the non-execution of the sales contract or its poor execution is attributable either to the Purchaser or to the unpredictable and insurmountable fact of a third party foreign to the sale or finally to a case of force majeure.
Computer records or logs processed by SJ’s IT systems are considered as a valid means of proof between the parties (proof of orders, electronic communications, payments etc.).
If one of these provisions is invalidated by the application of a law, a regulation or following a court decision that has become definitive, the parties agree that the other provisions will remain fully applicable.
These online conditions of sale are subject to Belgian law.
In the event of a dispute, the courts of the company head office of the Seller have jurisdiction, subject to binding public order provisions.
The Buyer is advised of the existence of the European platform for setting online disputes, concerning contracts agreed online between a consumer and a company: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
This platform aims to offer the consumer procedures for settling disputes amicably, provided by entities that are qualified to deal with disputes between consumers and companies or liberal professions located in the European Union.