General terms and conditions of sale
The present conditions of sale are concluded on the one hand by Caroline Michils, whose registered office is located at Avenue Jean Baptise Depaire 133, 1020 Brussels, registered with the Belgian Trade and Companies Register under number 0832.061.248, hereinafter referred to as "Caroline Michils" and managing the website www.cmjewels.be and, on the other hand, by any individual or legal entity wishing to proceed with a purchase via the CM Jewels website, www.cmjewels.be, hereinafter referred to as the "buyer".
Article 1. Subject
The present conditions of sale aim to define the contractual relationship between Caroline Michils and the buyer and the conditions applicable to any purchase made through the CM Jewels website, www.cmjewels.be. The acquisition of a product through the present site implies an acceptance without reserve by the buyer of the present conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the CM Jewels, www.cmjewels.be website is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under these terms and conditions of sale.
The company Caroline Michils keeps the possibility to modify at any time these conditions of sale, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those which appear on the CM Jewels website, www.cmjewels.be of the company Caroline Michils within the limits of available stocks. The company Caroline Michils reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description with its main technical characteristics. The photographs are as faithful as possible but do not commit the Seller. The sale of the products presented on the CM Jewels website, www.cmjewels.be is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Article 3. Rates
The prices appearing on the product sheets of the internet catalogue and are prices in Euros (€) all taxes included (VAT included) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. The company Caroline Michils reserves the right to modify its prices at any time, being however understood that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The indicated prices do not include the delivery costs, invoiced in addition to the price of the products bought according to the total amount of the order. For any order greater than or equal to 150 euros including all taxes, shipping costs are free; for any order less than 150 euros including all taxes, a flat-rate contribution to shipping costs will be invoiced to the buyer in the amount of 7 euros including all taxes in Belgium and 13 euros including all taxes for the rest of the world.
Article 4. Order and payment terms
Before placing an order, the buyer must create an account on the CM Jewels website, www.cmjewels.be. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile...), will have to identify himself using this information. Caroline Michils company proposes to the buyer to order and pay for his products in several steps, with 3 payment options to choose from:
Payment by cheque
The buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by cheque". Finally, the last step proposes to check all the information, read and accept the present general conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the button "Confirm my order". This last click forms the definitive conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize his payment and to trigger the processing of his order, the buyer must print this order form, accompanied with his check made out to "Caroline Michils" at the following address: Caroline Michils. No cash payment should be sent. Only checks issued by a French bank will be accepted. As soon as the cheque is received, the order will be processed and the buyer will be informed by email. The company Caroline Michils will ship the products at the earliest 2 working days after cashing the check corresponding to the order, subject to provisions.
Payment by bank transfer
The buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by bank transfer". Finally, the last step proposes to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button. This last click forms the definitive conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize his payment and to start the processing of his order, the buyer has to contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of Caroline Michils whose coordinates are communicated to the buyer. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. The company Caroline Michils will ship the products at the earliest 2 working days after reception of the transfer corresponding to the order, subject to provisions.
Secure payment by Paypal or credit card (via the PAYPAL system)
The buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by Paypal". The next step is to check all the information, read and accept the present terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure interface PAYPAL in order to securely enter his Paypal account or personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of the latter, the buyer may demand the cancellation of the payment by card, the sums paid will then be recredited or refunded. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. In order to obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest the debit in writing with his bank within 70 days of the transaction, or 120 days if the contract binding him to the bank so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written objection from the cardholder. The holder may not be charged for any costs incurred in returning the sums.
The confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has given it on his order form, Caroline Michils will send him by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact the company Caroline Michils, he can do so either by mail at the following address: Caroline Michils, Avenue Jean Baptise Depaire 133, 1020 Brussels; or by email at the following address: firstname.lastname@example.org, or by phone at +32 476 90 20 03.
Article 5. Retention of title
The company Caroline Michils retains full and entire ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 6. Retraction
Pursuant to Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO, delivery service with tracking, delivery without signature. Delivery times are given only as an indication; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer reimbursed. The company Caroline Michils will be able to provide by e-mail to the buyer the tracking number of his parcel. The buyer is delivered at his home by his postman. In case of absence of the buyer, he will receive a notice of passage from his postman, which allows him to withdraw the ordered products at the nearest post office, during a period indicated by the postal services. The risks related to the transport are the responsibility of the purchaser as from the moment when the articles leave the premises of the company Caroline Michils. The buyer is required to check in the presence of the employee of the Post Office or the deliverer, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All the products supplied by the company Caroline Michils benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it can be returned to Caroline Michils who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by mail to the following address: Caroline Michils, Avenue Baptiste Depaire 133, within thirty days after delivery.
Article 9. Responsibility
The company Caroline Michils, in the process of distance selling, is bound only by an obligation of means. Its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Article 10. Intellectual Property
All the elements of the CM Jewels site, www.cmjewels.be are and remain the intellectual and exclusive property of the Caroline Michils company. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
Caroline Michils has the power to modify the present Terms and Conditions with regard to the development of its range on the market. Caroline Michils can occasionally change the code, the telephone number, proceed to the suppression of the numbering, interrupt the service for operational or maintenance reasons, or in case of emergency or force majeure.
Caroline Michils is committed to preserving the confidentiality of the information provided by the buyer, which he would be led to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law of 8 December 1992 concerning the processing of personal data on the Internet, as modified by the law of 11 December 1998, transposing the directive 95/46/CE of the European Parliament of 24 October 1995. In this respect, the Internet user has the right to access, modify and delete information concerning him/her. They may request this at any time by post to the following address: Caroline Michils, Avenue Jean Baptise Depaire 133, 1020 Brussels.
Article 12. Settlement of disputes
The present terms and conditions of distance selling are subject to Belgian law. For all disputes or litigation, the competent court will be that of Brussels.