2. Scope of application

These terms and conditions of sale, hereinafter the T&Cs, apply to any order placed on the Seller's website by a natural person acting for purposes outside their trade, business, craft or profession, hereinafter the Customer.

These T&Cs exclusively govern the contractual relationship between the Seller and the Customer.

By placing an order, the Customer acknowledges having read these T&Cs before the conclusion of the contract and accepts them without reservation.

The T&Cs applicable to the order are those in force at the time the order is placed. The Seller may amend them at any time for future orders.

3. Products

The Seller takes the greatest care in presenting the products offered for sale.

Photographs, visuals, descriptions, dimensions, colours and other characteristics are provided as accurately as possible. However, minor non-substantial differences may exist, in particular due to screen display, lighting, manufacturing tolerances or minor developments that do not affect the essential qualities of the product.

Products are offered subject to availability.

4. Photographs, colours, reflections and dimensions

The photographs and visuals displayed on the website are intended to present the jewellery as faithfully as possible. However, they are not strictly contractual.

Slight differences may appear between the photographs shown on the website and the jewellery received, in particular due to lighting, shooting angle, screen display, reflections, the facets of the crystal, the photographic environment or the natural perception of colours.

The blue crystal used in Heart of the Ocean jewellery may reveal slightly different shades, reflections or visual intensity depending on the light, viewing angle, stone size, facets and the environment in which the jewellery is worn or photographed.

Dimensions, weights, lengths and measurements indicated on the website are provided with the greatest care, but may present a slight tolerance margin due to measurement, manufacturing or rounding of technical information.

Such minor variations shall not be considered a lack of conformity where they do not affect the essential characteristics of the jewellery, its normal use, its overall quality or its main appearance as described on the product page.

5. Orders

To place an order, the Customer selects the desired products, completes the required information, checks the details of the order, accepts these T&Cs and proceeds with payment using the method offered on the website.

The order is only definitively formed once its acceptance has been confirmed by the Seller.

The Seller reserves the right to refuse, suspend or cancel any order, in particular in the event of:

• manifestly inaccurate, incomplete or inconsistent information;
• suspicion of fraud, identity theft or abusive use of a payment method;
• an abnormal order in light of the quantities usually ordered by a consumer;
• a previous payment dispute with the Customer;
• a manifest error in the displayed price or in the product description;
• long-term unavailability of the ordered product.

In such cases, if payment has already been collected, the Seller will refund the sums received for the cancelled order or the relevant part of the order, without any further compensation.

6. Prices

Prices are stated in euros, all taxes included, unless expressly indicated otherwise.

Any delivery costs or other additional charges are indicated before the final validation of the order.

The prices applicable are those displayed at the time of the order, subject to manifest error.

7. Payment

Payment is due immediately at the time of the order, unless expressly stated otherwise on the website.

The order will only be prepared and dispatched once full and effective payment has been received.

The Seller reserves the right to suspend the performance of any order in the event of payment authorisation refusal, lack of effective payment collection or suspicion of fraud.

8. Retention of title

The Seller retains full ownership of the products sold until full payment of the price, including any costs and accessories, has been received.

9. Availability

If a product becomes unavailable after the order has been confirmed, the Seller will inform the Customer as soon as possible.

Depending on the situation, the Customer may choose between:

• a refund for the unavailable product;
• a store credit;
• a reasonable extension of the delivery period;
• an equivalent product, subject to the Customer's express agreement.

10. Delivery

The Seller delivers to the address provided by the Customer when placing the order. The Customer is solely responsible for the accuracy and completeness of the delivery information supplied.

The Seller communicates delivery times as accurately as possible. Unless expressly stated otherwise, products are delivered without undue delay and no later than within the period indicated to the Customer or, failing that, within thirty days following the conclusion of the contract.

In the event of a delivery delay, the Customer benefits from the rights provided by the applicable law.

The risk of loss of or damage to the product passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the goods.

However, if the Customer appoints a carrier other than one proposed by the Seller, the risk passes to the Customer upon delivery of the goods to that carrier.

If a parcel is returned to the Seller due to an incorrect or incomplete address, failure to collect within the required time, repeated absence, unjustified refusal of delivery or any other fault attributable to the Customer, re-shipping costs and any related charges remain at the Customer's expense.

11. Customs duties, taxes and charges outside the European Union

For any order shipped outside the European Union, customs duties, import taxes, customs clearance fees, presentation fees or similar charges may be required by the competent authorities or by the carrier in the destination country.

These charges remain exclusively at the Customer's expense, and the Customer is solely responsible for their payment.

The Seller has no control over these charges and is not in a position to guarantee their amount, as they vary depending on the destination country and the applicable local regulations.

If the Customer refuses to pay these charges, any resulting consequences, including blockage, return, abandonment or destruction of the parcel, as well as any related costs, remain at the Customer's expense.

12. Receipt of the order and complaints

Upon receipt, the Customer is invited to check the apparent condition of the parcel and the conformity of the delivered products.

In the event of apparent damage, visible deterioration, missing items or an obvious error, the Customer is invited to contact the Seller as soon as possible, providing any useful evidence, including photographs of the parcel, packaging and concerned product.

This immediate check facilitates the handling of the matter but does not affect the Customer's legal rights, in particular regarding the legal guarantee.

13. Right of withdrawal

In accordance with the law applicable to distance contracts, the Customer has a period of fourteen calendar days to withdraw from the contract without having to provide any reason.

This period expires fourteen calendar days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods.

To exercise the right of withdrawal, the Customer must notify the Seller of their decision by means of an unequivocal statement, by e-mail, by post or by using the model withdrawal form reproduced in the appendix.

The Customer may exercise the right of withdrawal even before having received the order.

The Customer must send back the goods to the Seller without undue delay and, in any event, no later than fourteen calendar days from the date on which the decision to withdraw was communicated.

The direct cost of returning the goods remains at the Customer's expense, unless expressly stated otherwise by the Seller.

The product must be returned complete, together with any accessories and, where reasonably possible, in its original packaging or in packaging offering equivalent protection.

The Customer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods. The Seller reserves the right to deduct any justified depreciation from the refund, within the limits authorised by law.

The Seller reimburses all payments received from the Customer, including, where applicable, standard delivery costs, without undue delay and no later than fourteen calendar days from the day on which the Seller is informed of the decision to withdraw.

However, for sales contracts, the Seller may withhold reimbursement until the goods have been recovered or until the Customer has supplied proof of having sent back the goods, whichever occurs first.

The reimbursement will be made using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees otherwise.

14. Exceptions to the right of withdrawal

In accordance with the law, the Customer does not benefit from the right of withdrawal, in particular, in the following cases:

• goods made to the Customer's specifications or clearly personalised;
• sealed goods which were unsealed after delivery and which cannot be returned for reasons of health protection or hygiene;
• digital content not supplied on a tangible medium, where performance has begun with the Customer's prior express consent and acknowledgement of the loss of the right of withdrawal;
• any other case of exclusion provided for by law.

15. Legal guarantee

The Customer benefits from the legal guarantee of conformity for a period of two years from delivery of the goods, in accordance with Belgian law applicable to consumer sales.

The Customer must inform the Seller of the existence of a lack of conformity as soon as possible and no later than two months from the day on which the defect was discovered.

In the event of a lack of conformity, the Customer benefits from the rights provided by law.

16. Exclusions related to use and care

The legal guarantee does not cover damage or defects resulting in particular from:

• normal wear and tear;
• abnormal or improper use;
• lack of proper care;
• impact, excessive pulling, dropping, crushing or improper handling;
• contact with water, perfume, cosmetics, household products, chlorine, salt water or any other substance likely to alter the product when it is not intended to withstand such contact;
• modification, repair or intervention by an unauthorised third party;
• inadequate storage.

The care recommendations communicated on the website, in the packaging or by the Seller must be followed by the Customer.

17. Return for inspection

The Seller may request, before any intervention under the legal guarantee or any commercial gesture, that the concerned product be returned for inspection.

No solution may be implemented before the alleged defect has been verified, unless mandatory legal provisions provide otherwise.

The Customer must ensure that the returned product is properly protected. The Seller cannot be held liable for damage caused to the product by insufficient packaging during return transport arranged by the Customer.

18. Force majeure

The Seller cannot be held liable for any delay in or non-performance of its obligations where such delay or non-performance results from force majeure or any event beyond its reasonable control, making performance impossible, dangerous or excessively difficult.

Such events may include, without limitation, natural disaster, fire, flood, pandemic, strike, war, terrorist act, transport interruption, logistical blockage, general outage, cyberattack, unavailability of an essential supplier, interruption of telecommunications networks or a decision by a public authority.

In such circumstances, the Seller's obligations are suspended for the duration of the relevant event. If the situation continues beyond a reasonable period, the Seller may cancel the unperformed part of the order without any further compensation other than reimbursement of any sums received for that unperformed part.

19. Intellectual property

All elements present on the website, including texts, photographs, visuals, logos, trademarks, trade names, videos, graphic charters, website structure and contents, are protected by intellectual property rights belonging to the Seller or its partners.

Any reproduction, representation, adaptation, use or exploitation, in whole or in part, without the Seller's prior written authorisation, is strictly prohibited.

20. Evidence and electronic communications

Unless proven otherwise, computer records, electronic confirmations, e-mails, backups, payment data and exchanges via the website constitute valid evidence of orders, payments and communications between the parties.

The Seller may archive contracts, orders and invoices in electronic format.

21. Personal data

The processing of the Customer's personal data is governed by the Seller's privacy policy, available on the website.

22. Complaints and mediation

In the event of a complaint, the Customer is invited to contact the Seller's customer service first via our contact form.

If the Customer is not satisfied with the outcome, they may contact the Consumer Mediation Service:

Consumer Mediation Service
North Gate II
Boulevard du Roi Albert II 8 Bte 1
1000 Brussels
E-mail: contact@mediationconsommateur.be
Website: https://www.mediationconsommateur.be

23. Partial invalidity and no waiver

If any provision of these T&Cs is found to be null, invalid or unenforceable, this shall not affect the validity of the remaining provisions.

The fact that the Seller does not rely, at a given time, on a provision of these T&Cs shall not be interpreted as a waiver of the right to rely on it at a later stage.

24. Applicable law and competent courts

These T&Cs are governed by Belgian law.

In the event of a dispute, the competent courts shall be determined in accordance with the applicable legal rules, unless the parties first reach an amicable settlement.

25. Model withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

- Ordered on (*) / received on (*):
- Order number:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:

(*) Delete as appropriate.