TERMS OF SALE – WOLFERS
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 www.wolfers.be (hereafter: the “Website”).
The Website, the Products and Services are offered by:
SA WOLFERS 1812 (Hereafter: « Wolfers » and « We »)
Boulevard de Waterloo, 1
1000 BRUSSELS
BELGIUM
VAT BE0432.111.541
info@wolfers.be
(+32) 2 513 6150
For the purpose of these Terms of Sale, the following definitions shall have the following meanings:
- “Consumer”: Every natural person in the capacity of Purchaser acting for purposes outside his business or professional activity.
- “Purchaser”: Every natural person who enters into a contractual relationship with Wolfers, including, but not limited to: Consumers and Professional Customers. Each Purchaser agrees not to purchase the Products of Wolfers with the sole purpose of reselling them. Further also referred to as “you” or “your”.
- “Products”: All goods that are the subject matter of one or more Sales Contracts.
- “Services”: All Wolfers’ activities, including creation, repair, restyling, restoration, expertise, brokerage of jewelry.
- “Goods made to the Consumer’s specifications”: Non-prefabricated goods made on the basis of an individual choice of or decision by the Consumer.
- “Sales Contract”: Every contract in which Wolfers commits to transfer the property of the Products to the Purchaser and/or to provide services to the Purchaser and where the Purchaser commits to pay for these Products and/or services.
The Terms of Sale apply to all current and future sales of Products by Wolfers to the Purchaser.
By using the Website, the Purchaser accepts these Terms of Sale, as well as all other rights and obligations as stated on the Website.
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 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.
Wolfers 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 agreements. We advise you to read and consult regularly our Terms and Conditions. Any future changes will have no effect on current orders and resulting contracts, unless otherwise stipulated by law.
The Terms of Sale of Wolfers can be consulted also in Dutch and French. In case of a discrepancy between the different versions, the French version prevails.
2. Our Products and Services
2.1 Our online offer
Our online offer is presented with the utmost care. Wolfers provides information on the features of the Products and photographs illustrating certain Products. We provide this information within the limits allowed by the technical resources. The images displayed on our Website are an approximate representation of the substantial features of our Products.
We make every effort to ensure that the colors of our Products, as displayed on our Website, correspond to reality. However, we cannot guarantee that the display on your screen will perfectly match the colors of our items, as computer screens may vary.
2.2 Customized design and restyling
Wolfers owes much of its acclaimed reputation to its mastery of bespoke jewelry. The firm can take inspiration from a client’s initial desire, however complex, and create an exceptional piece. Whether an engagement ring, bracelet, or necklace, each personalized project first takes shape from detailed sketches (which makes refinements and adjustments easier), drawing upon the inspiration of around 6000 archived designs. The same personalized approach is used when transforming an existing jewel. Our workshop craftsmen can re-cut and re-polish precious stones or restyle fine jewelry for dazzling results.
2.3 Restoration
Wolfers has particular expertise with vintage and antique jewelry. The firm is amongst the very few with the time-honored skills and expertise needed to restore antique jewelry, using traditional methods. Our talented and passionate craftsmen are able to use the finest materials and traditional techniques from a by-gone era. Delicate antique pieces, through careful restoration that respects the art of fine jewelry making, are given a renewed lease of life, and can be enjoyed once more.
2.4 Repairs
The Wolfers workshop is available to offer skilled expertise for prompt jewelry repairs and alterations, such as resizing a ring, replacing the clasp of a bracelet, re-threading a necklace, or checking a gemstone setting.
2.5 Expertise
Whether you buy, own or are handing down a valuable jewel, you should know everything about it. Wolfers is a recognized authority to analyzing the properties of a jewel and estimating its value. Our services range from simple, helpful advice to clients buying new pieces, through to detailed expert valuations for inheritance purposes. Whatever your requirement, you can be assured that the firm’s knowledge of jewelry and precious stones is always imparted with complete neutrality.
2.6 Brokerage
Selling a precious stone offers the opportunity of purchasing another. Wolfers helps people who wish to change their private collection, by facilitating the best price on the professional market or between private individuals. The brokerage is always facilitated with tact and total discretion.
The Depositor remains the owner of the stone (s) until the sale thereof. In case of recovery of one or more stones, the Depositor must inform us by email at info@wolfers.be or in writing two (2) weeks beforehand. During this period, Wolfers or his potential client reserves the priority of the purchase of the jewelry.
In order to promote the sale, it is possible that one or more stones are entrusted, under our responsibility, to the outside (events, exhibitions …) or that it is necessary to make improvements (restoration, repair, replacement, certificate …).
These costs will be subject to an estimate to be given in writing or by email by the owner and will be at his expense in case of recovery by it of the stones.
This deposit agreement contains all the clauses binding the Depositor and Wolfers. Any changes or additions to these clauses must be made in writing.
3. Order
The orders are made:
- Directly on the Website
- By phoning Our Customer Service Team on +32 2 513 61 50 from Monday to Saturday 10.00am to 6.00pm (Belgium local time).
- Directly in store.
- By Email via info@wolfers.be
Once an order has been validated on the site, the user acknowledges that his or her acceptance constitutes a firm and irrevocable commitment: the sale is considered to have been completed and its payment is immediately due by the user. The user is therefore no longer entitled to correct, exchange or return the item(s) ordered (in particular in the case of an error of size or text).
4. Prices terms
The prices of the Products presented are non-negotiable, indicated in Euro and include VAT and other taxes. We reserve the right to change our prices at any time. Price changes due to VAT rate changes will be borne by the Customer.
The price of the individual Product does not include delivery costs and other additional costs. Wolfers will communicate these additional costs when ordering in store.
Any obvious error in the price, such as obvious inaccuracy, may still be corrected by Wolfers after the conclusion of the sales contract.
Items in your Basket will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price of the item when you first placed it in your Basket. The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to honor any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
The Customer must communicate in writing any claim regarding the price or payment within seven (7) calendar days after receiving confirmation of the order. The filing of a complaint does not suspend the payments due.
If your credit / debit card is not denominated in euros, the final price will be calculated according to the exchange rate applicable on the day your credit / debit card company processed the transaction.
5. Payment terms
We accept cash payments as well as Visa, MasterCard, Maestro debit cards. Wolfers can extend payment methods at any time.
By using a credit or debit card, you confirm that you are the cardholder or that you have been authorized to use this credit or debit card by its cardholder. All credit and debit card holders are subject to validation and authorization procedures by the card issuer. If the issuer of your credit card refuses to authorize the payment to Wolfers, we cannot be held responsible for the delay or non-delivery of the items.
In addition, we take all reasonable precautions, to the extent that it is our responsibility, to keep the details of your order and your payment in a secure manner. However, in the absence of negligence on our part, we will not be liable for any loss that you may suffer if an unauthorized third party accesses the data you provide.
In the case of custom creation, we ask you a deposit of 30 percent when ordering. This deposit is payable locally in store or by transfer. If you choose to pay by transfer, the manufacture of your jewel will begin only upon receipt of the deposit.
An invoice will be provided during the purchase or delivery of the jewel.
6. Delivery
The Customer must come directly to the store to withdraw his order.
In some cases, Wolfers agrees to deliver the jewel to the Customer.
Wolfers bears the risk of transferring the Products until delivery to the address indicated. We require a signature when the Products are delivered. The delivery of the products constitutes the moment when the risk of damage and / or loss is transferred to the Customer. If you have indicated a different recipient than you for the purpose of delivery (for example in the case of a gift), you agree that its signature (or delivery address) constitutes proof of delivery and compliance with Wolfers commitments, as well as the transfer of responsibility.
Please note that we do our utmost to ship all orders as soon as possible. Estimated delivery times are indicative only and begin to run from the date of shipment. Wolfers cannot be held responsible for delivery delays caused by procedures imposed by the customs service of the country of destination.
For delivery, Wolfers uses external parties and reliable carriers. The use of external parties may have an impact on delivery. Following an undelivered order, an inquiry is immediately opened with the carrier. It usually lasts several days, during which there will be no refund or other shipment to the Customer.
Wolfers declines all responsibility if the Product is damaged during transport or if the Product is delivered with a delay caused by the carriers.
It is the Customer’s responsibility to allow delivery to the indicated address, in the presence of the Customer or a third party designated by the Customer. It is appropriate to speak of delivery as soon as the Customer or a third party designated by the Customer physically takes possession of the Products ordered. If the delivery fails due to a Customer or Customer designated third party failure, the cost of the new delivery attempt will be entirely at the Customer’s expense.
7. Statutory warranty
7.1 General
Every Consumer has a legal warranty period of two (2) years. The Consumer 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 Consumer could not establish this non-conformity upon receipt of the Product.
- If the Product is defective within the first six months after delivery, there will be a presumption that the defect has existed since delivery. Wolfers can prove the opposite.
- If the Product defect is detected more than six months after delivery, then the Consumer must prove the non-conformity of the Product at the time of delivery.
The legal warranty is not applicable in case of damage caused by normal wear and tear, accidental or intentional changes to the Product by the Customer, including improper and incorrect use, exposure to moisture, fire, earthquakes or other external causes.
Additional commercial warranties are always possible in accordance with the Terms of Sale and are always expressly communicated.
- 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 Wolfers 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 Wolfers or third party designated by the Customer.
- For invisible defects: 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.
- How to return a Product when exercising your statutory warranty right
Every Customer is obliged to send back the non-compliant Product to Wolfers 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 the three (3) calendar days.
Products must be returned to Wolfers 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 Wolfers, if the Customer complies with the warranty terms. Wolfers 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.
- 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. Please note that we will only replace the Product with the same item of the same size, depending on available inventory. If the Product cannot be repaired or the same Product is not available, 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.
Wolfers 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, Wolfers will send the Products back to the Customer. The cost of this shipment will be borne by the Customer. Wolfers may stock the returned Products on behalf and at risk of the Customer, as long as the costs of return have not been paid.
8. Intellectual property
Wolfers retains all intellectual property and other related rights with regard to the Website, Products and Services. 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 Purchaser 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, unless this is necessary for private use of the product.
9. Force Majeure
Force majeure exists if Wolfers is, wholly or partially, prevented to accomplish its obligations towards the Purchaser by circumstances beyond its control. In this case Wolfers is not obliged to fulfil its obligations. Wolfers may suspend its obligations for the duration of the force majeure.
10. Processing your personal data
The personal data provided by the Customer is necessary for the processing and execution of orders, as well as invoicing and guarantee contracts. If this information is missing, the order will inevitably be canceled. The communication of false or erroneous personal data is considered as a violation of these Terms and Conditions. We always treat your personal data in accordance with our Privacy Policy, available on our Website.
11. Applicable law and court of competent jurisdiction
These Terms of Sale shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Sales Contracts are governed exclusively by 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, Wolfers 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 Wolfers, or Sales Contracts concluded with it, will be submitted to the courts of the judicial district of Brussels.
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.
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