Imprint

BENEDIKT DIAMONDS

Boulevard Leopold 3, 19/38

1030 Brussels, Belgium

Tel.: Austria: +43 676 976 31 91, Belgium: +32 471 62 69 81

Email: benedikt@benediktdiamonds.com

VAT: BE0676537584

General Terms and Conditions

We would like to invite you to review our General Terms & Conditions, which regulate the purchase of Benedikt Diamonds products via our Website as well as offline purchases.

About Benedikt Diamonds

In these General Terms & Conditions, Benedikt Diamonds shall be understood as Benedikt Diamonds, Benedikt Lufua, VAT: BE0676537584., a company governed by the laws of Belgium.

Address:

Benedikt Diamonds

Benedikt Lufua

Boulevard Leopold 3, 19 /38

1030 Brussels, Belgium 

Benedikt Diamonds Support Team: 

E-mail: office@benediktdiamonds.com  
Phone number: +32 471 62 69 81

 

1. Definitions

Website: www.benediktdiamonds.com 
Buyer: a natural or legal person
Order: an agreement between Benedikt Diamonds and the buyer made for the delivery of one or more products which Benedikt Diamonds accepted as such.
Product: a Benedikt Diamonds product that is offered on the website or offline for sale.

2. Applicability

• On all offers, orders, purchases and deliveries of Benedikt Diamonds products through the Website and offline via invoice these Terms & Conditions apply.
• These Terms & Conditions are accessible via the Website for all buyers worldwide.
• Upon request, Benedikt Diamonds will send a copy of these Terms & Conditions to the buyer.
• By ordering Benedikt Diamonds products via the Website or offline (guiding document for offline purchases is an invoice), the buyer agrees to these Terms & Conditions.
• Benedikt Diamonds reserves the right to update these Terms & Conditions from time to time.
• In the case of any discrepancy between language versions, the English version prevails.

3. Orders on the website

3.1. Availability of Service

Benedikt Diamonds ships worldwide. However customers have to pay themselves for any customs charges, import duties or import tax, if they apply in your country.

Before placing an order on our Website, please make sure that you are:

• over 16 years old,

3.2. Purchase Order Procedure

If an offer is subject to a limited period of validity, or is made subject to certain conditions, this will be explicitly mentioned in the offer.

To place an order, buyer’s personal details will be required. The personal details will be further included in Benedikt Diamonds’s database for the purpose of processing the order. The personal details provided by buyers will be processed in accordance with Benedikt Diamonds’ Privacy Policy.

After the buyer submits an order, Benedikt Diamonds will send a confirmation that the order has been received ("Order Confirmation") to the e-mail address indicated by the buyer. At this point, Benedikt Diamonds Terms & Conditions comes into existence and is binding between Benedikt Diamonds and the buyer. However, Benedikt Diamonds reserves the right to cancel the purchase within 72 hours should the product no longer be available.

3.3. Cancellation of Order 

Benedikt Diamonds reserves the right to cancel the order, without obligation to compensate the buyer for any losses other than a refund of the amount received from the buyer, in the following situations:

• the order is flagged up by Benedikt Diamonds’s security systems as an unusual order or an order susceptible to fraud;
• there is reason to believe the buyer is under 16 years old;
• in the event of misspelling or other errors or mistakes in the offer (wrong indication of carats, quality grade, size, gold color etc.)
• in exceptional circumstances, that the product appears not to be available or not in stock after an Order Confirmation has been sent;
• Benedikt Diamonds could not deliver the product to the address provided by the buyer, due to an event beyond Benedikt Diamonds’s control (see art. 9: ‘Force Majeure’).

4. Price and Payment

4.1. Payment and Currency

Benedikt Diamonds allows users of the Website to modify the country page by changing the country flag. If the buyer changes the country flag, the currency in which the prices are displayed may vary.

4.2. Value Added Tax (VAT) 

All prices on the Website are inclusive of 21% VAT, in accordance with the legislation applicable in Belgium, except for tax exempt deliveries such as intra-community supply or exports to non EU member states.

For non-EU buyers, VAT will be removed at the checkout. Non-EU buyers may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. In such case, those costs are borne by the buyer.

4.3. Errors and Mistakes

Benedikt Diamonds is not bound by obvious errors or mistakes in the offer.

Consequently, Benedikt Diamonds is not obliged to proceed with and/or deliver an order in case of an error in the presentation of the product, mistake in the price or an error in the wording of the specifications of the product if:

1. i) it should have been clear to the buyer that the error was a typographical error, or
2. ii) it should have been clear to the buyer that, in the circumstances at hand, it would not be reasonable to expect that the product could be available at the presented price level or with the presented specifications.

4.4. Payment Methods 

Benedikt Diamonds offers a variety of safe payment methods.

The availability of specific payment methods may vary, this is determined by the country page selected on the Website.

For all payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the buyer is correct.

 

4.5. Payment Security 

In order to offer maximum security of payment processes, Benedikt Diamonds uses the secure payment systems of leading financial entities in e-commerce. The website is powered by Shopify, one of the leading e-commerce website providers.

5. Promotional codes

Promotional codes may not be used in combination with other promotions/special offers. As an example, promotional codes are not valid on Gift Boxes where an existing discount is already applied (unless stated otherwise in the offer). Promotional codes cannot be used on previously placed orders and are not transferable, or redeemable for cash or credit. To apply a promotional code, the buyer must enter it prior to completing the order.

6. Delivery

Delivery and returns of products purchased from the Website, are carried out by postal services (Fedex, DHL, DPD, GLS, Post) and their partners around the world.

In order to avoid any delivery problems (incorrect address, absence of the addressee, etc.), the buyer must fill in the address form correctly. It is advisable to leave a contact telephone number in the corresponding field.

Once the product has been handed over to the carrier, Benedikt Diamonds can send the buyer a track & trace code upon the buyer’s request, that will allow the buyer to track the order at any moment until its final reception.

6.1. Delivery Terms

For online purchases:

Benedikt Diamonds will make its best effort to deliver the product within the expected delivery time at the delivery address indicated by the buyer.

The buyer bears the responsibility for the correct input of the delivery address; in case of unsuccessful delivery, due to an error in the delivery address that may be attributed to the buyer, Benedikt Diamonds cannot be held responsible for the (partial) loss of the products shipped.

In case Benedikt Diamonds needs any additional information regarding the delivery address, the buyer may be requested to provide such additional information. A delay in the delivery may occur in case additional information regarding the delivery address is required.

 

For offline purchases or customised products:

For offline purchased delivery lead times depend on the nature of the product. Lead time estimates will be provided by Benedikt Diamonds. However, they will not be guaranteed and can thus not be the reason for a refund or cancellation of the order. In general customised products take 6 – 8 weeks. Exceptional customised items can take over a year of production time and beyond.

Delivery cost is included in the price. Custom duties and import tax if applicable are borne by the buyer.

 

6.2. Damaged, Incomplete or Wrong Product(s)

In case the product has been delivered to the buyer in a damaged or incomplete state, the buyer must inform Benedikt Diamonds Support Team thereof using the contact form on the contact page as soon as possible but not later than 24 hours after receiving the product. Other communication channels cannot be considered as an official claim. Benedikt Diamonds will deal with the matter at hand; the buyer must always inform Benedikt Diamonds of the aforementioned situation(s) and await the instructions of Benedikt Diamonds Support Team.

In case the buyer receives a product that the buyer did not order, the buyer must inform Benedikt Diamonds Support Team thereof using the same contact form but not later than 24 hours after receiving the product. The buyer must arrange the return shipment of such product following the instructions of Benedikt Diamonds Support Team. Benedikt Diamonds will bear the costs of this shipment and must subsequently arrange the shipment of the ordered product to the buyer.

In case the buyer returns the product at his or her own cost without contacting and awaiting the instructions of Benedikt Diamonds Support Team, the buyer cannot claim from Benedikt Diamonds any reimbursement of the shipment costs nor hold Benedikt Diamonds responsible for the return shipment that took place without prior consent of Benedikt Diamonds Support Team. 

6.3. Missing Items

In case the product has not been delivered at the delivery address (or pick-up point) indicated by the buyer within ten (10) days upon the shipment date, the buyer has the obligation to inform Benedikt Diamonds Support Team thereof using the contact form within the next four (4) days, i.e. ultimately on the fourteenth (14^th) day upon the shipment date. 

In case the product that has been shipped from Benedikt Diamonds to the buyer is missing, went missing, or in case the buyer claims that he/she did not receive the product (despite any information indicated by the carrier / in the track & trace system / indicated otherwise), a complaint procedure with the carrier will be initiated. The buyer must fully cooperate with Benedikt Diamonds and the carrier during the complaint procedure.

In case the complaint procedure indicates that the shipment went missing through fault of the carrier, Benedikt Diamonds will either refund the buyer or re-ship the ordered product. A refund or re-shipment of products shall take place after Benedikt Diamonds receives official information about the outcome of the carrier’s complaint procedure.

7. Revocation and returns

Before a return is made the buyer must contact Benedikt Diamonds via the contact form.

The address for all returns is: the company address mentioned above unless indicated differently by the support team of Benedikt Diamonds.  

7.1. Statutory right of withdrawal

For online purchases:

The buyer has the statutory right to withdraw from the agreement and to return the ordered product during a trial period of 14 days after having received the product, without having to state a reason for the withdrawal (the statutory right of withdrawal).

The statutory right of withdrawal only applies if the item is returned in the same state as when received and unworn. The buyer is only allowed to unpack and/or to use the ordered product as far as is needed to be able to determine whether he/she wants to keep the product. The right of withdrawal does not apply to customized products (i.e. Personalized) and products that are not suitable for return due to hygiene reasons (i.e. earrings).

Please note that: in case the product was delivered in a damaged or incomplete state, the buyer has the obligation to inform Benedikt Diamonds Support Team thereof and await further instructions (see art. 6.2. and 6.3).

The buyer is responsible for the return shipment of the product. Benedikt Diamonds advises the buyer to return a product by insured shipment and in a sealed packaging. In case an insured return shipment goes missing, gets damaged or in case the reception of a returned shipment is denied (for example, in case no valid signature can be shown by the carrier), the buyer then has the option to hold the carrier liable. The buyer, as the sender of the return shipment, must start the complaint procedure for any issue that may occur with the return shipment. The buyer must keep the (official, digital) receipt of his/her return shipment that contains the tracking information.

The shipment costs of a return shipment within the trial period are borne by the buyer.

In case all the conditions applicable to the statutory right of withdrawal are met, Benedikt Diamonds will credit the buyer within 14 days after receiving the withdrawal notice if the product has not yet been shipped or within 14 days after receipt of the returned product in the same state as it has been shipped to the buyer.

For offline purchases:

The 14-day withdrawal policy does not apply for offline purchases. Returns are not possible for offline purchases unless specifically granted in writing by Benedikt Diamonds.

7.2. Cancellation form

To meet the cancellation deadline, the buyer must send a statement concerning his/her exercise of the right to cancel before the cancellation period has expired.

To exercise the statutory right to cancel the buyer must inform Benedikt Diamonds by contacting Benedikt Diamonds either via the contact form or by email to: benedikt@benediktdiamonds.com

7.3. Optional return of products up to 30 days after receipt

Without prejudice to the statutory right of withdrawal set out in art. 7.1, Benedikt Diamonds offers the buyer an option of returning products ordered from the Website within 30 days from receiving them. This return option allows the buyer to return the product, even after the 14-day trial period has expired (see "statutory right of withdrawal” above). The product will be deemed returned within 60 days if sent by the buyer within such time, counted from the date of receiving the product.

The exercise of the return option shall not apply to:

• worn (used) products;
• watches that have been activated;
• customized jewellery, customised diamonds and other customised products
• products that are not suitable for return due to hygienic reasons (i.e. earrings).
• Offline purchases

All returned products must be returned in their original condition, intact and undamaged, and in its original packaging. Until the period for exercising the statutory right of withdrawal expires, the statutory provisions governing returns shall apply exclusively.

8. Warranty and repair

Benedikt Diamonds does not offer any warranty beyond legal requirements.

The warranty does not apply to:

• defects that are a result of inappropriate use, negligence, carelessness, abuse or intentional damage (such as scratching, bouncing, falling) and changes in colour that are a result of the use of water, perfumes, soap, lotion or hair product;
• failure or damage caused by repair or modification performed by a third party without the prior written permission of Benedikt Diamonds;
• failure or damage caused by fire or water;
• aesthetic changes that occur during normal wear and tear and aging
• or battery replacement, also during the warranty period.

In the event of warranty claims under this provision, Benedikt Diamonds will be obliged to, at its discretion, repair the defect free of charge, to have the defect repaired, or to make the parts available that are necessary for the repair, or to replace the product concerned. If Benedikt Diamonds finds that repair or replacement of the goods is not (or no longer) possible or disproportionately problematic, Benedikt Diamonds will be entitled to credit the price received for the goods concerned, without being liable for any further damages.

The shipment costs of a return shipment for a warranty request are borne by the buyer.

9. Force majeure

Benedikt Diamonds is entitled to invoke force majeure, if the implementation of the agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of Benedikt Diamonds’s control, including but not limited to site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in delivery to Benedikt Diamonds of certain parts or goods ordered from third parties, sickness of its employees, accidents and interruptions of business operations, transport problems, natural disasters, earthquakes, fire and wars.

In case of force majeure on the part of Benedikt Diamonds, its obligations shall be suspended. If the force majeure lasts more than 12 months, Benedikt Diamonds and the buyer are both entitled to terminate the non-feasible parts of the agreement. 

10. Personal data and privacy

In performing its obligations arising from those terms and conditions, Benedikt Diamonds follows its Privacy Policy.

Benedikt Diamonds will store the data entered by the buyer in a file. The data will be used for the purpose of fulfilling the buyer’s order and will be stored as long as is necessary in order to deal with possible issues regarding the fulfilment of the order. Benedikt Diamonds guarantees that all personal data will be handled with care. The buyer’s personal data will not be shared with any third party, except for purposes of fulfilling the order or for repair purposes. Benedikt Diamonds is allowed to use the buyers’ data to advertise products to the buyer.

Benedikt Diamonds may use the buyer’s e-mail address to send information about products or services that are the same as, or similar to those that have been ordered by the buyer from Benedikt Diamonds, which Benedikt Diamonds believes might be found useful by the buyer. The information will be sent only if the buyer has not indicated that (s)he does not object to being contacted for these purposes. At any stage, the buyer has the right to request Benedikt Diamonds to stop using their personal data for direct marketing purposes by clicking on the link in the footer of the marketing e-mails.

11. Applicable laws and jurisdiction

These terms and conditions are governed by Belgian law.

All disputes between the parties will exclusively be submitted for judgement to the competent court in Brussels.