General terms & conditions

1. General

The legal relationship between

Goldstoff Designs (Yoëla Goldstoff, Simon Stevinlaan 15, 2650 Edegem) KBO/BTW nr. BE 0689.728.101, www.goldstoffdesigns.com, Tel.: +32(0)496.69.60.94, e-mail: info@goldstoffdesigns.com and the customer is exclusively governed by these general conditions unless otherwise agreed in writing and mutually recognised.

The general terms and conditions apply to every offer by Goldstoff Designs and all agreements with it and remain in force until all obligations have been fulfilled.  They are always available on the website: https://goldstoffdesigns.com and should be read together with our Privacy Policy, Disclaimer and Cookie Policy, which are also available on the website.

Each order is subject to the conditions and prices mentioned on the website at that time or communicated to the customer. By every order and purchase of services or products from Goldstoff Designs, whether or not via our website, the customer confirms that he or she has read and accepted these general terms of use and sale.

These conditions may be amended and modified by Goldstoff Designs. Under no circumstances shall any of the customer’s general terms and conditions apply to the contract between Goldstoff Designs and the customer. If one of these conditions is not valid for any reason, the remaining conditions shall continue to apply unaffected.

2. Information and offers

Goldstoff Designs operates as a designer and manufacturer of jewellery. The information provided by Goldstoff Designs, which is publicly available (including through the website), is general and is subject to updates and/or modification. The information itself is, in principle, not adapted to personal or specific circumstances.

The colours, shapes and/or materials displayed on the website may differ from the actual colours, shapes and/or materials. No rights can be derived from apparent misprints or typographical errors in (online) catalogues or price lists.

Goldstoff Designs reserves the right to change the characteristics of its services and products. All offers of Goldstoff Designs are made without obligation. The offers are based on the currently prevailing prices and rates that are abided by Goldstoff Designs. If these change, Goldstoff Designs reserves the right to adjust its prices proportionately. The offers of Goldstoff Designs shall not be binding for Goldstoff Designs unless they were signed by the customer or otherwise unmistakably accepted, the customer has identified himself adequately, and Goldstoff Designs subsequently confirmed the offers.

Goldstoff Designs confirms the orders via the website and their payment via e-mail to the e-mail address provided by the customer via the website. Each accepted offer q. order entails an obligation of payment for the customer. The customer’s confirmation of the order via the website constitutes acceptance of the order at the stated price. This confirmation by the customer is valid as a signature and explicit acceptance of all transactions via the website. The contract between Goldstoff Designs and the customer is only mutually concluded once Goldstoff Designs confirm the order.

3. Orders, prices and availability

The contract will be concluded as soon as the customer has accepted the offer and the general terms and conditions. The prices are VAT included and of shipping and handling costs excluded, which depend on the country to which the products must be shipped and are added to the price of the products. They are communicated to the customer during the payment process on the website.

Additional handling costs are charged for some orders. Any other services that are not directly the subject of the order will be invoiced separately. Prices may be subject to fluctuation, but the products are invoiced based on the prices in force at the time of placement of the order as indicated on the website or as otherwise determined or agreed between Goldstoff Designs and the Client. If a product is incorrectly priced on the website, Goldstoff Designs will contact the customer in writing as soon as it becomes aware of the incorrect price. The customer can continue to purchase the products or cancel the order under the cancellation procedure set out in Article 5. In this case, the order will only be processed after Goldstoff Designs has received the customer’s instructions within five days from the time Goldstoff Designs has notified the customer. If Goldstoff Designs does not receive a response from the customer within the period mentioned above, Goldstoff Designs shall treat the order as cancelled and notify the customer accordingly.

The customer will bear any increase in the VAT rate (or other applicable taxes) between the order and its execution. The offers and prices of Goldstoff Designs are valid as long as they are visible on the website. Goldstoff Designs processes the orders placed as long as stocks last and within limits stated in these conditions. Goldstoff Designs reserves the right to refuse orders, including when the products are unavailable or when a severe suspicion of abuse of law or bad faith on the part of the customer.

4. Shipments, deliveries and acceptance

Goldstoff Designs delivers the ordered services and/or goods at the time, place and under the circumstances specified in the confirmation of the order and only after full payment of the price unless otherwise agreed. Delivery periods are approximate and are given purely as an indication. Any delay cannot give rise to compensation or dissolution of the agreement by the customer. Orders are shipped via insured transport as indicated in the order confirmation and at the expense and risk (including storage, loading, transportation and unloading) of the customer. Deliveries are made to the delivery address specified by the client when placing the order. Goldstoff Designs is not responsible for problems with the delivery that result from incorrect or incomplete address data provided by the customer.

Upon delivery/collection, the customer will check the packaging for any damage. If the products are damaged, the customer may not accept the delivery and notify Goldstoff Designs immediately via e-mail info@goldstoffdesigns.com. After notification, it will give the customer the necessary instructions regarding the damaged products. Deliveries are deemed accepted unless explicitly disputed by a registered letter sent to Goldstoff Designs within seven calendar days after delivery.

Goldstoff Designs reserves the right to make partial deliveries of the ordered products, for example, when a part of the order is delayed or unavailable. In case of partial delivery, Goldstoff Designs will inform the customer.

5. Withdrawal

The provisions of this article apply only to customers who place an order for a product with Goldstoff Designs via the website in their capacity as consumers. In this case, the customer has only the legal right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days from the day on which the customer or a third party designated by the customer and not being the carrier, takes physical possession of the product (if the delivery of a product consists of several parts or shipments, the withdrawal period shall start as soon as the last shipment or part has been put in the customer’s possession).

To exercise the right of withdrawal, the customer will inform Goldstoff Designs by an unequivocal statement (registered mail or e-mail or using the model form provided on the website https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf) of the decision to withdraw from the contract. To meet the withdrawal deadline, the customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period expires.

The customer will return or hand over the product to Goldstoff Designs or a third party designated by it without undue delay and in any case not later than 14 calendar days from the day on which he has communicated his decision to withdraw from the contract. The direct costs for returning the product will be charged to the customer. If the returned product has lost value in some way (e.g. due to damage), Goldstoff Designs reserves the right to hold the customer responsible and to claim compensation for any loss of value of the goods resulting from the customer’s use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product. Only the product in its original packaging, together with all accessories, certificates, manuals and invoices, or proof of purchase, maybe taken back.

If the customer withdraws from the contract, Goldstoff Designs will refund the customer all payments received from the customer up to that point in time concerning the returned product. Goldstoff Designs will wait with the refund until it has obtained all goods back in the case of sales contracts. Suppose additional costs are incurred as a result of the customer opting for a method of delivery other than that proposed by Goldstoff Designs. In that case, these will not be reimbursed by Goldstoff Designs.

This right of withdrawal will not apply to the delivery of a product manufactured according to the customer’s specifications (e.g. custom-made or on specific demand according to the design of Goldstoff Designs) or which are intended for a particular person.

6. Cancellation

If the customer or Goldstoff Designs fails to comply with one of its essential obligations, such as the timely and full payment by the customer, cancellation of the order after its confirmation or delivery by Goldstoff Designs, the other party that is not at fault will be entitled to cancel the contract without judicial authorisation and prior notice. In that case, the defaulting party shall owe the other party flat-rate damages amounting to 25% of the price of the products ordered, without prejudice to the creditor’s right to claim more significant damages upon proof of higher actual loss.

7. Warranty

Customer is entitled to a two-year statutory warranty. The statutory warranty covers any defect or lack of conformity of the products that manifests itself within two years from the delivery date. The customer must inform Goldstoff Designs about the defective products via e-mail info@goldstoffdesigns.com within a reasonable period after the defect has become known or could reasonably have become known to the customer. If a defect arises within the statutory two-year warranty period, the customer shall follow the procedure set in Article 5.

After the return of the defective product, Goldstoff Designs, at the customer’s discretion, will send the customer a new product or will repair the product, and will it bear all costs associated with the exchange/repair of the products. The product can only be replaced and delivered insofar as it is still available/in stock at the suppliers of Goldstoff Designs. Suppose the repair or replacement is not possible or cannot be carried out within a reasonable period. In that case, the consumer will be entitled to terminate the contract, and Goldstoff Designs will refund the price under Article 5.

Suppose the consumer has purchased products as a gift. In that case, the consumer will be entitled to transfer the warranty period in whole or in part to the beneficiary without the consent of Goldstoff Designs.

8. Complaints procedure

If the customer has complaints, he can contact Goldstoff Designs at the e-mail address info@goldstoffdesigns.com who will make every effort to find a satisfactory solution. If it is not possible to settle the dispute amicably, the customer who is a consumer may also contact the Belgian “Consumentenombudsdienst” (www.consumentenombudsdienst.be).

The customer may also submit his complaint to the online dispute resolution platform made available by the European Union, http://ec.europa.eu/odr (ODR).

For Belgium, the point of contact for the ODR is the European Consumer Centre, located at:

1060 Brussels,
Hollandstraat 13
odr@eccbelgium.be,
Tel. +3228923712

9. Invoicing and Payments

As a general rule and beyond, invoices or payment requests from Goldstoff Designs are payable in cash upon purchase or payable to the account number IBAN: BE18 3771 1334 7365 (BIC: BBRUBEBB) no later than the due date indicated on the invoice or payment request. The payment must mention the invoice number, if applicable. Orders via the website must be paid immediately upon ordering in one of the ways proposed with the order via the website.

In the event of non-payment or late payment, interest on arrears will be due from day to day, ipso jure and without a reminder being required, equal to, depending on the nature of the legal relationship, (i) the ordinary legal interest rate plus 5%, which interest may not be less than 10% per annum, or (ii) the interest rate established under the Law of 2 August 2002 on payment arrears in commercial transactions, plus, in any event, a fixed compensation of 10% of the invoice amount, i.e. the price to cover the recovery costs caused by non-payment, with a minimum of EUR 75.00 (without prejudice to the creditor’s right to claim compensation for the judicial recovery costs caused by non-payment and without prejudice to the creditor’s right to claim compensation for other damaged items not caused by non-payment alone) and all other legally owed costs. Any non-payment or default in payment will also render all invoices already sent and not yet due at that time immediately due and payable by the power of law, and any permitted payment facility or discount will also lapse.

If the customer is declared bankrupt or in collective debt settlement, Goldstoff Designs reserves the right to unilaterally terminate the contract without notice of default and prejudice to Goldstoff Designs’ right to compensation.

Protests about the invoices or payment requests of Goldstoff Designs should be made by registered letter under penalty of cancellation within seven days after delivery. Goldstoff Designs reserves the right to adjust the method of invoicing in general or according to the customer’s needs. The customer agrees in principle to electronic billing and electronic communication by Goldstoff Designs.

10. Retention of title

All products delivered by Goldstoff Designs, even if incorporated, remain the property of Goldstoff Designs until full payment of the price, i.e. the principal amount increased by any interest, costs and taxes. As long as full payment has not been made, the customer will not be entitled to use, sell, pledge, or use security for third parties.

11. Liability

Goldstoff Designs shall not be liable for compensation for any damages arising directly or indirectly from the services or products supplied or sold by Goldstoff Designs. Goldstoff Designs is not responsible for errors committed by subcontractors. Suppose the liability of Goldstoff Designs should be established. In that case, the liability of Goldstoff Designs is limited to direct and material damage, excluding, among other things, loss of profit, loss of turnover, loss of income, production restrictions, administrative or staff costs and/or claims by third parties. The liability of Goldstoff Designs will, in any case, be limited to the replacement of the delivered goods, to the refund of the invoiced amount per delivery or the coverage limit of the liability insurance, less any costs incurred.

Goldstoff Designs will not be liable for force majeure, accident, or shortcomings of the customer, such as misuse or mishandling or an act of the customer or a third party. Only the customer is liable for the specific use he makes of the products sold and/or the purposes he uses them. A product sold by Goldstoff Designs with a defect accepted by it will be replaced or repaired as appropriate. If the repair costs are disproportionate, Goldstoff Designs reserves the right to replace the product with a similar item or refund the customer minus expenses.

12. Disputes and jurisdiction

In the event of any dispute between Goldstoff Designs and the customer concerning the use of the services of Goldstoff Designs, the purchase of Goldstoff Designs products and/or the application or interpretation of these general terms and conditions or the agreement between Goldstoff Designs and the customer, only the Courts of the judicial district of Antwerp, Antwerp division will have jurisdiction. The contract is exclusively governed by Belgian law. The non-claiming of a right or the non-application of a sanction by Goldstoff Designs will never constitute a waiver of right. The possible nullity of one of the provisions of these general conditions does not result in the nullity of all provisions thereof.

13. Intellectual rights

The goods, services and designs contained therein supplied by Goldstoff Designs as well as the content and all parts of the Goldstoff Designs website (including trademarks, logos, designs, drawings, data, product and/or company names, texts, images, software, etc.) are protected by intellectual rights (including copyright and trademark law) that belong to Goldstoff Designs or to third parties who have granted Goldstoff Designs permission to use them.

The client will not be entitled to any reason whatsoever to modify, copy, distribute, transmit, distribute, resell, reproduce, publish, assign under licence, transfer or sell any information or content obtained or to create derivative works from the elements above. The supply of goods or services by Goldstoff Designs does not imply any transfer or assignment of its intellectual property rights. No automatic link between the Goldstoff Designs website and any other website, or any link that automatically links back to the Goldstoff Designs website, will be permitted for any reason or in any manner whatsoever without the consent of Goldstoff Designs.

Any infringement of intellectual property rights may be prosecuted under civil and criminal law under applicable law. Goldstoff Designs is entitled to display images of products created on specific customer demand according to the design of Goldstoff Designs on the website, or the page of Goldstoff Designs on social media (Instagram, Facebook) compile a portfolio.