Terms of sale
1. Definitions and application of the Terms of Sale
The present terms of sale (hereafter the "Terms of Sale") can be found on the website https://www.krvmer.com/ (hereafter: the “Website”). The Website and the related services are offered by:
KRVMER BVBA (hereafter: “KRVMER”, “We” and “Us”)
Léon Stynenstraat 57, box 503
Company number (VAT-BE): BE0700.606.254
Phone: 0474 87 51 39
For the purpose of these Terms of Sale, the following definitions shall have the following meanings:
- “Customer(s)”: Every Consumer who enters into a contractual relationship (Sales Contract) with KRVMER. Further also referred to as “you” or “your”.
- “Consumer(s)”: Every natural person acting for purposes outside his business or professional activity
- “Product(s)”: All goods which are offered by KRVMER and which can be the subject matter of a Sales Contract
- “Standard Product(s)”: All Products from the standard range that are offered via the Website
- “Non-Standard Product(s)”: All Products which are designed and manufactured at the specific request of the Customer and therefore do not form part of the standard range.vi. “Sales Contract(s)”: Every contract in which KRVMER commits to transfer the property of the Products to the Customer and where the Customer commits to pay for these Products.
The Terms of Sale apply to all current and future sales of Products by KRVMER to the Customer. These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement between KRVMER and the Customer that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.
KRVMER reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing Product orders and consequential Sales Contracts
2. Offer and acceptance
Our online offer is presented with the utmost care. KRVMER provides information about the features of the Products, including technical descriptions based on information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent technical resources permit us.
The images displayed on our Website provide an approximate representation of the substantial features of our Products. In order to enable the Customer to view a Product up close, it may happen that certain Products are displayed larger or smaller than in reality. In addition, the Customer must always take into account the fact that each screen is set differently, as a result of which an image and color may differ slightly.
Our online offer is presented as an invitation to purchase. KRVMER is not bound by its online offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration.
The Customer can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.
To purchase a Standard Product, the Customer must complete our online ordering method. In particular, it is important that the Customer provides the correct ring size. He can determine this size on the basis of a universal table available on the Website. A purchase via the Website is binding on the Customer. KRVMER will send a confirmation of the order directed to the e-mail address specified by the Customer at the moment of ordering. The order confirmation e-mail will include a summary of the product characteristics, the order number, the date of the order, the indicative delivery term, the delivery address and the full price paid by the Customer. The Sales Contract shall be concluded as soon as the Customer has received the order confirmation email issued by KRVMER.
The Customer can also request a Non-Standard Product remotely via the online order form, via e-mail or by telephone. Before a Sales Contract can be concluded, the Customer will receive a quotation for a first design, with the corresponding conditions. When the Customer has explicitly and in writing agreed to the final design, the Sales Contract is concluded.
The Customer who physically commissions us, at our registered office, to work out a design for a Non-Standard Product will receive a quotation for a first design, with the corresponding conditions. The Customer will then be asked to sign a written Sales Contract with the final design attached. When the Customer has explicitly and in writing agreed to the written Sales Contract, the Sales Contract is concluded.
KRVMER retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement, for instance when a certain limited-edition Product has been sold out. KRVMER will inform the Customer and will (where possible) propose a similar Product if the initial order cannot be executed or can only be partially executed. There is no Sales Contract if KRVMER refuses the order or if the Customer does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Customer is not entitled to any form of compensation.
Each Customer agrees not to purchase the Products of KRVMER with the sole purpose of reselling them.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Sales Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, KRVMER can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
3 Pricing & payment
All prices towards Customers are indicated in EURO and include VAT and other taxes (except towards professional customers, if any). Any additional costs, such as costs for insured shipping, are always clearly stated prior to the order.
The Customer must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of the order, in writing. The filing of a complaint does not suspend due payments.
The way in which we communicate the prices of our Products varies depending on whether it concerns a Standard Product or a Non-Standard Product:
- Standard Products:
The price as displayed on the confirmation of order is the final price to be paid. Obvious errors in pricing on our Website or in the order confirmation e-mail, such as obvious inaccuracies, can still be corrected by KRVMER after the conclusion of the Sales Contract.
We have the right to change the prices on our Website at any time. Price changes only apply to future orders. We commit to always apply the prices that were indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Customer.
Each payment for Standard Products is handled promptly and completely, i.e. when the Customer places his order.
We accept the following payment methods:
- Bank/SEPA transfer
- KBC/CBC-payment button
- Belfius payment button
- ING Home’Pay
In the future, KRVMER can always expand the payment methods. These expansions will always be announced on our Website. KRVMER takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners provide the necessary guarantees.
We make use of the secured payment system of Mollie for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
KRVMER shall only deliver the ordered Product(s) as soon as it has received the full payment of all amounts owed by the Customer. KRVMER always retains ownership of all Products ordered until full payment of all amounts due under these Terms of Sale has been made, regardless whether the delivery or collection has already occurred.
- Non-Standard Products:
If the Customer requests a Non-Standard Product, KRVMER will send a quotation for the creation of a first design, with the corresponding conditions. Obvious errors in the price indicated in the quotation can be corrected at any time. KRVMER will only start creating the design when it has received payment of the amount specified in the quotation. The Customer can always provide additional feedback and suggestions after receipt of the first draft. The scope of the quotation will always include two (2) revisions. The Customer accepts that any additional revisions must always be paid in proportion to the working hours performed by KRVMER (time & material basis). If the Customer accepts the proposed design, the price of the design (i.e. the performed working hours) will be set off against the price the Customer pays for the final Product.
We process every order in a rapid manner. However, the Customer acknowledges that the delivery time is directly related to the product development phase. Given that producing the perfect Product takes time, the Customer agrees that the ordered Product will be delivered within three (3) to six (6) working weeks upon payment by the Customer. Depending on the complexity of the Customer's request, it may take longer to manufacture a particular Product. If this is the case, KRVMER shall inform the Customer of this in good time.
If KRVMER fails to deliver the Products within the foreseen timeframe, the Customer is recommended to request delivery within an additional, appropriate timeframe. The Customer may only terminate the Sales Contract if KRVMER fails to deliver the Products within the additional timeframe. In the event of such termination, KRVMER will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the Sales Contract. The exceeding of the delivery time does not give rise to an additional right to compensation.
When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.
KRVMER relies on an external party for the execution of the delivery, such as bpost. The Customer accepts that the involvement of a third party may have an impact on the deliveries. If an order that has been shipped remains undelivered, KRVMER will conduct an investigation at the carrier’s end. This can take several days. During this period, KRVMER cannot provide any reimbursement or proceed to a re-delivery of the Products.
The Customer is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Customer or by the third party designated by the Customer, the cost of this delivery attempt is fully borne by the Customer.
The Customer may also collect the Product ordered at any time at our registered office. The Customer accepts that in this case he/she may be asked to present his/her identity card or passport. KVRMER reserves the right to hand over the ordered Products only on presentation of a valid identity card or passport, accompanied, if necessary, by a signed and original power of attorney of the person in whose name the Sales Contract was concluded.
KRVMER bears the risk for damage and/or loss of the Products until the moment of delivery or collection. The risk associated with the Products shall pass from KRVMER to the Customer on delivery or collection. Each delivery or collection requires a signature to confirm the delivery or collection, but a lack of signature does not affect the transfer of risk.
5. Servicing and cleaning
KRVMER will clean and inspect your Product(s) free of charge once every two (2) years. However, we recommend our professional inspection two (2) times per year to prolong the life of your KRVMER jewelry (at own charge).
At KRVMER's request, the Customer must present the corresponding invoice.
6. Statutory warranty
With the exception of professional customers, every Customer has a legal warranty period of two (2) years. The Customer may rely on this legal warranty if the Products delivered do not match the requested or ordered Product (non-conformity), in so far as the Customer could not establish this non-conformity upon receipt of the Product.
- If the Product is defective within the first six (6) months after delivery, there will be a presumption that the defect has existed since delivery. KRVMER can prove the opposite.
- If the Product defect is detected more than six (6) months after delivery, then the Customer must prove the non-conformity of the Product at the time of delivery
The statutory warranty does not apply to damage to the Products resulting from:
- normal wear and tear (e.g. discoloration);
- accidental or deliberate modifications to the Products by the Customer
- injudicious and incorrect use by the Customer in a manner that does not correspond to the use by a normal and careful person (e.g. physical work)
- exposure to moisture, fire, earthquake and other external causes
Additional commercial warranties can always be offered in accordance with the Terms of Sale and are always expressly communicated.
6.2 Complaint mechanism
The Customer or the third party designated by the Customer is required to examine the Products accurately on their conformity as soon as he receives the Products. If the Product is affected by a defect, and the receiver perceives this defect, he must submit a complaint.
Customer shall communicate these complaints towards KRVMER in a written statement and in an explicit, unambiguous and motivated manner. This must be done:
- For visible defects: within three (3) calendar days upon delivery to the KRVMER or third party designated by the Customer.
- For invisible defects discovered within the legal warranty period: within two (2) months upon discovery of the presumed defect.
It is the duty of the Customer to motivate this communication sufficiently. In the absence of a (sufficiently) motivated complaint, the Customer is not entitled to send back the Products.
6.3 How to return a Product when exercising your statutory warranty right
Every Customer is obliged to send back the non-compliant Product to KRVMER within thirty (30) calendar days after filing the complaint with a view to a repair, replacement or refund. In the other case, the suspension of the statutory warranty period will be considered invalid.
The term of thirty (30) calendar days does not apply when it is clearly shown that the Product is damaged as a result of transportation. In such event, the Customer shall return the Product without delay and at the latest within three (3) calendar days.
Products must be returned to KRVMER in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation will result in a proportional reduction in the repayment.
Sending back a Product is always at risk of the Customer. All costs for return shipment shall be borne by KRVMER, if the Customer complies with the warranty terms. KRVMER will provide the Customer with a return slip. In any case, we recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.
6.4 Repair or replacement
If the abovementioned conditions are met, the Customer is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders it possible. If the Product cannot be repaired or replaced, the Customer will receive a voucher with a value equal to the amount of the initial order. The Customer always has the right to refuse the voucher and demand a full refund instead.
KRVMER is only held to a refund if the reparation or replacement no longer produces the same benefit for the Customer. The Customer will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Customer.
If the Products have been sent back even though the conditions were not met, KRVMER will send the Products back to the Customer. The cost of this shipment will be borne by the Customer. KRVMER may stock the returned Products on behalf and at risk of the Customer, as long as the costs of return have not been paid.
7. Right of Withdrawal
The Costumer does not have a right of withdrawal since all Products offered by KRVMER are non-prefabricated goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3° Belgian Code of Economic Law).
8. Force Majeure
Force majeure exists if KRVMER is, wholly or partially, prevented to accomplish its obligations towards the Customer by circumstances beyond its control. In this case KRVMER is not obliged to fulfil its obligations. KRVMER may suspend its obligations for the duration of the force majeure.
9. Intellectual property
KRVMER retains all intellectual property and other related rights with regard to the Products and the designs. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Customer is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, without the explicit and written permission of KRVMER.
10. Processing of personal data
The personal information provided by you is necessary for the processing and completion of orders, and the preparation of invoices and warranty contracts. If this information is missing, the order will inevitably be cancelled. The submission of incorrect or false personal data is considered a violation of the current Terms of Sale. The personal data of the Customer will only be processed in accordance with the Privacy Statement which can be consulted via our Website.
11. Applicable law and court of competent jurisdiction
These Terms of Sale and all Sales Contracts shall be governed and interpreted exclusively in accordance with Belgian law.
The applicability of the Vienna Sales Convention is expressly excluded.
In the event of any dispute regarding the execution or interpretation of these Terms of Sale, KRVMER will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center (such as CEPANI).
All disputes relating to or arising from offers made by KRVMER, or Sales Contracts concluded with it, will be submitted to the courts of the judicial district Antwerp, Belgium.
As a Consumer, you can also submit a dispute regarding the Terms of Sale to an independent dispute resolution body.
For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.