Terms and Conditions of Sale
You are currently connected to a site administrated on behalf of Private Diamond Club BVBA, a Belgian Company, having its registerd office at Diamond Exchange Building, Hoveniersstraat 53 , B-2018 Antwerp (Antwerpen), Belgium and entered in the Antwerp commercial register under number BE - 0899 795 457 (hereinafter referred to as “Private Diamond Club”).
This document is designed to provide you with information about Private Diamond Club and its General Conditions of Sale for online business (hereinafter referred to as the “General Conditions of Sale”).
The consumer is entitled to notify Private Diamond Club that he wishes to withdraw from any purchase without penalty and without stating his grounds for this withdrawal within 7 working days of the day following the date of delivery of the product.
The consumer does not have such a right to withdraw from a sale in the case of contracts for the supply of products made in accordance with the consumer’s own specifications or which have been clearly personalised.
You should read the following general conditions of sale carefully as they constitute an electronic contract (hereinafter the “Contract”) which sets out the general conditions applicable to the sales and services of Private Diamond Club's online shop and/or defines the conditions for the placing of orders (hereinafter referred to as the “Order”) with Private Diamond Club in so far as this contract affects your rights and obligations.
"Double clicking" on your completed order form constitute your confirmation of these general conditions of sale and signifies your irrevocable acceptance of the general conditions of sale once the online order and the online payment become effective on the site.
If you do not accept all of these provisions you may not use any part of the site and/or place an order.
Accordingly, you may order products only if you accept all the conditions set out below.
ARTICLE 1 – SCOPE OF APPLICATION - PURPOSE
1.1 - These General Conditions of Sale govern the distance selling of precious stones and jewellery (hereinafter referred to as the “Articles”) by Private Diamond Club. They apply to the relationship between Private Diamond Club and any person having reached the age of majority not subject to any restrictive measure (hereinafter referred to as the “Customer”) making a purchase of Articles via the internet site accessible at: http://www.private-diamond-club.com (hereinafter referred to as the “Site”).
Together with the Order, they constitute the Contract concluded between Private Diamond Club and the Customer.
1.2 - They govern all the stages which make up the placing of an Order and allow the contracting parties to review the progress of an Order.
1.3 - These General Conditions of Sale apply to all sales of Articles presented on the Site or for which a specific request is made by the Customer, it being understood that these offers are reserved for private individuals over 18 years of age and apply to deliveries in the European Economic Area, the United States of America, Japan, China and Russia.
1.4 - Since the General Conditions of Sale are subject to modification and updating, the conditions applicable to an Order placed on the Site are those in force on the day of the Order in question.
ARTICLE 2 – INFORMATION RELATING TO THE ARTICLES
2.1 - Articles
The Articles offered for sale are described and presented on the Site with the greatest accuracy possible given the relevant technical limitations and comply with the best market standards. However, Private Diamond Club shall not be held liable for any errors, inaccuracies or omissions which might find their way into such presentations. The photographs and texts illustrating and describing the products are intended for information only and have no contractual effect.
2.2 - Diamonds
The diamonds we sell come from legitimate sources which are not involved in the financing of armed conflicts and comply with the relevant United Nations resolutions (Security Council Resolutions Nos. 1173, 1176 and 1306). Based on its knowledge and/or written guarantees provided by the supplier of these diamonds, the Company certifies that these diamonds are "conflict free".
2.3 - On specific request, stones over 0.50 carat, whether sold singly or as part of an Article, and notably the diamonds which Private Diamond Club supplies to its Customers, are supplied with a certificate of authenticity which describes their specific characteristics and bears a unique reference number issued by an independent gemmological laboratory of international repute such as the Hoge Raad voor Diamant (HRD), the Gemological Institute of America (GIA) or the International Gemological Institute (IGI)).
ARTICLE 3 – QUOTES – ORDERS – PRICES
3.1 - By clicking on the "Buy online" link, the Customer can access five types of purchase: a single stone, a mounting and a stone to be mounted, an item of jewellery, a “favourite” or an item of jewellery to be made to order on the basis of a drawing or photograph provided by the Customer.
3.2 - All orders placed on the Site are strictly subject to the procedures described on the various screens leading to the completion of the Order.
3.3 - The published prices of the jewellery pieces are indicated on the site in Euros and US Dollars currencies and are VAT excluded. The invoiced prices are those in force at the date of the invoice. The published prices of the jewellery pieces are indicated on the site in Euros and US Dollars currencies and are VAT excluded. The invoiced prices are those in force at the date of the invoice. For the customers of the European Community Countries, the VAT amount will be calculated and added during the order process. Any further customs or other taxes or duties payable by the Customer under the terms of his tax personal regime or the tax system of the country of delivery are the responsibility of the Customer. He should therefore contact the relevant authorities in his country to make arrangements for the payment of any such taxes or duties which might be due. The Private Diamond Club Company cannot be blamed for their eventual non-payment.
ARTICLE 4 – PAYMENT
The Customer may pay for his purchase either by payment card or by bank transfer.
4.1 - Card payments are accepted for purchases up to the value of € 5,000.
A list of the cards accepted is given on the Site. They must in all cases be international payment cards.
Payment security is provided by an SSL (Secure Sockets Layer) system administrated and managed by Ogone whose website can be accessed at http://www.ogone.com
The Customer agrees in advance and without condition to Private Diamond Club carrying out this secure transaction. The Customer therefore authorises its bank in advance to debit its account on sight of the records or statements sent by the Company even in the absence of an invoice signed by the cardholder’s own hand. Authorisation to debit the Customer’s account is always given for the amount of the Article(s) purchased as invoiced by Private Diamond Club. The Customer’s payment card shall be debited within a maximum of (6) days. Should it prove impossible to debit the sums owed by the Customer for any reason whatsoever (card stopped, refusal by issuing centre, etc.), Private Diamond Club will not record the order.
4.2 - For any Order totalling more than €5,000, payment must in all cases be made by bank transfer to the account of Private Diamond Club. Once the Order has been recorded, Private Diamond Club will contact the Customer to give him the instructions and bank details required to carry out the bank transfer.
SEPA (Single Euro Payments Area) transfers must be used for payments made from euro zone countries.
4.3 - The sale shall not become effective and therefore give rise to a contractual legal relationship between the Customer and Private Diamond Club until an amount to the value of the Article(s) purchased as invoiced by Private Diamond Club has been duly paid to Private Diamond Club in full, whether by bank transfer or payment card.
In general terms it is expressly agreed between Private Diamond Club and the Customer that emails shall be accepted as valid forms of correspondence between the parties and between the automatic payment systems used on the Site, notably in respect of the nature and the date of the Order.
For any Order placed on the Site with an amount equal to or greater than 120 (one hundred and twenty) euros (including taxes), Private Diamond Club shall archive for a period of ten (10) years with effect from delivery of the Articles contained in the Order the transaction and the contract in force at the time of the Order, the Order itself, the order confirmation and any other correspondence exchanged between Private Diamond Club and the Customer.
ARTICLE 5 – CONDITIONS OF DELIVERY
5.1 - As specified in Article 3, the prices for the Articles quoted on the Site are given in euros including all relevant taxes but excluding delivery charges.
Delivery charges are payable by the Customer and are indicated in the order summary.
The order summary screen shows the price of the Article including all relevant taxes, delivery charges and carrier’s insurance.
The prices are subject to modification by Private Diamond Club at any time. However, Articles ordered will be invoiced at the relevant price in force as published on the Site on the date on which the Order is placed.
5.2 - The Articles shall be delivered at the discretion of Private Diamond Club to the delivery address indicated by the Customer at the time of ordering, it being understood that they shall under no circumstances be delivered to either hotels or post boxes. In this respect, the Customer undertakes for the purposes of the verification of his order to provide the full address of both his usual place of residence and of the desired place of delivery if the latter differs from his home address. Articles shall be delivered to the delivery address indicated by the Customer once payment of the full amount of the Order has been definitively recorded and established by the bank.
ARTICLE 6 – RETURNS – EXCHANGES – REFUNDS
The diamond jewels sold by the private Diamond Club are manufactured on demand of each customer. Pursuant to the provisions of Article 80 , § 4 , 2 ° of the Belgian Law of July the 14th 1991 on commercial practices and information and consumer protection ( called ' LPCC ') , the Customer has no right of withdrawal for the supply made to its specifications or clearly personalized products . The Jewels are made according to very personalized choices such as quality criteria of diamonds ( shape, weight, color, clarity, proportions , symmetry, finish, degree of fluorescence) , the choice of the design, the choice of materials used for the settings and mounts ( gold, platinum, etc ... and in the case of 18 k gold the choice for the color: yellow gold, white gold, rose gold etc ... ) for rings and wedding bands the choice of personalized dimension of ring size , for pendants the choice of personalized chain length , for bracelets the choice of personalized wrist size etc ... the same goes for selling loose diamonds for which customer choice is customized based on the eight quality criteria listed above and on the choice of the authentification certificate ( HRD, GIA, IGI ).
On the other side, the Private Diamond Club Company, to be pleased with their clients, is committed to changing the mount of a jewel within 30 days from the date of receipt by the customer if it presents a defect or if the model of this mount is not suitable for the customer. The return process of the mount is the same as explained just below.
The Customer must inform the Private Diamond Club Customer Service Department of its decision prior to returning the products by email or by using the “CONTACT” link on the Site and quoting both order number and delivery number.
Private Diamond Club shall then send out a detailed form bearing a processing number and giving details of the returns procedure which must be followed. The Articles should then be returned together with this form SIGNED by the Customer in their original packaging, in perfect condition and in full (including all accessories, certificate, etc.).
Articles are returned at the Customer’s own risk and he should therefore take all appropriate precautions.
In order to ensure that the Articles returned are the same as those sent out, Private Diamond Club shall have the Articles re-certified.
ARTICLE 7 – WARRANTIES
The Articles sold by Private Diamond Club are subject to the applicable statutory warranties.
The Customer shall inform Private Diamond Club of any defect of conformity within two (2) months of the date of the Customer’s discovery of said defect.
ARTICLE 8 – LIABILITY
8.1 - The Articles offered for sale are compliant with the European legislation and in particular with the Belgian legislation in force at the time of placing the order. Private Diamond Club accepts no liability in the event of a failure by the Customer to comply with the legislation of the country in which the Articles are delivered. It is for the Customer to determine with the relevant local authorities the terms under which the Articles it intends to order may be imported and to comply with said terms at its own risk.
8.2 - Except in cases of fraudulent misrepresentation or where mandatory statutory provisions prohibit the exclusion of the Vendor’s liability, Private Diamond Club’s liability for any reparable prejudice under the terms of the contractual relationship concluded between Private Diamond Club and the Customer shall be limited exclusively to the reparation of foreseeable, direct and material damage actually suffered by the Customer as a result of a failing by Private Diamond Club. Such reparation shall not under any circumstances exceed the value of the purchase.
It is specified that in relation to the Order the following at least though not exclusively shall be deemed to constitute cases of indirect damage not producing an entitlement to reparation by Private Diamond Club even though they may be foreseeable: loss of profits, loss of sales, loss of data, databases or programs, loss of savings, additional costs and all third party claims.
ARTICLE 9 – TRANSFER OF OWNERSHIP AND RISKS
Transfer of ownership shall take place on the date of delivery following and subject to the conditional payment of the total amount due in respect of the Article(s) purchased as invoiced by Private Diamond Club.
Transfer of risks shall take place either on the date of expiry of the 7-working days cooling-off period specified in Article 6.1 or on the date of delivery where the Customer has no right of retraction.
ARTICLE 10 – FORCE MAJEURE
The performance by Private Diamond Club of all or any of its obligations shall be suspended in the event of the occurrence of a case of accident or force majeure which might disturb or delay said performance.
The following shall be considered as such cases, notably though not exclusively: cases of war, riot, insurrection, social disorder, telephone or computer breakdown or serious disruption of the security and integrity of the internet, strikes of all types and supply problems affecting Private Diamond Club.
Private Diamond Club shall inform the Customer of any such case of accident or force majeure within seven days of its occurrence. Should this suspension in the performance of the obligations of Private Diamond Club continue for more than thirty (30) days, the Customer shall then be entitled to cancel the current Order and shall then be reimbursed by Private Diamond Club without delay in the form of a credit to the Customer’s bank account.
ARTICLE 11 – WAIVERS
The fact that Private Diamond Club should at any time fail to require the performance of any of the provisions of these General Conditions of Sale shall not be interpreted as a waiver to be cited at a later date in support of said partial or total lack of performance.
ARTICLE 12 – VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of these General Conditions of Sale is declared invalid, illegal or inapplicable, in whole or in part, for any reason whatsoever and it proves impossible to replace it automatically with a reasonable provision having a similar effect (which replacement the parties hereby permit any court dealing with the dispute to carry out in so far as is permissible under the applicable law), this provision shall be deemed to be able to be removed from the General Conditions of Sale and from the contract concluded between Private Diamond Club and the Customer. The remaining provisions and the other rights and obligations arising out of these General Conditions of Sale shall remain unchanged and shall continue to be applicable in so far as is possible under the terms of the applicable law.
ARTICLE 13 – DISPUTES – APPLICABLE LAW – COMPETENT JURISDICTION
These General Conditions of Sale are subject to Belgian law.
In the event of difficulties arising in relation to the ordering or delivery of the Articles by Private Diamond Club, the Customer shall be entitled prior to any legal action to seek an amicable solution, notably with the aid of a consumers’ association or any other adviser of his choice.
All disputes shall be heard before the Belgian courts.