Under mentioned general sales conditions are valid since May 5th of 2008 and are applicable on every order of products executed through the service offered on the website of JU*MA Jewel-Smile. Possible general conditions of the purchaser do not apply.
Provisions which are contradictory with present conditions become with explicit and written approval of JU*MA Jewel-Smile.
JU*MA Jewel-Smile bvba
Matheuwezen Juliaan; Manager
Nederen heirweg 32/ box 203
8470 Gistel
VAT: BE 0 891 421 288
RPR Oostende
Registration number: 891 421 288
The products offered have been intended for natural persons who act as a consumer (i.e. who buy and use the bought goods through the website for other than professional use), but also for legal persons (afterwards called buyer).
The products offered for sale through the service are under no circumstances a contractual proposal in that means that only the intention of the buyer, besides the order procedure described underneath, is not sufficient to establish a contractual relationship.
Though the buyer links himself contractual from the moment that he finishes the order procedure as described underneath. JU*MA Jewel-Smile links itself legally towards the buyer from the moment it sends the acceptance of order, like explained underneath and subject to approval of the effective payment by the supplier of the electronic pay-service.
Without affecting previous, JU*MA Jewel-Smile can suspend the sale of a product, change the product assortment or prices at any time and without notification in advance, meaning that changes have no impact whatsoever on orders that JU*MA Jewel-Smile already accepted before the changes occurred.
By filling in and validate the order form the buyer accepts without restriction under mentioned general conditions as well as the charter for the protection of the personal life environment and the disclaimer on the website of JU*MA Jewel-Smile.
JU*MA Jewel-Smile preserves the right to modify under mentioned general conditions without notification. The new, modified general conditions are immediately applicable except for orders that were already accepted by JU*MA Jewel-Smile who remain under the general conditions valid on the date of the affirmative.
The buyer overflows the service and composes the products which he wishes. After selecting the wanted products the buyer clicks the icon ‘Shopping Cart’ and then he will be informed about the already ordered products.
As a confirmation of the order a website is shown to the buyer with the details of the order he made (an overview of the order).
The details of the order contain:
Taken the first step the buyer is asked to introduce his data (customer data and delivery address).
If data entry has been completed the buyer continues his order by clicking the icon ‘Order my Jewel-Smile’. Then he gets access to the third step.
The buyer will be asked which way of payment he chooses.
The number of the buyer bankcard as well as the expiry date will be asked to fill in the foreseen boxes.
As last step the buyer will be asked to enter and validate his bank data. In this phase it is still possible to cancel the order.
The buyer will receive on screen the confirmation of his order and an e-mail will be sent as well.
This confirmation will contain:
JU*MA Jewel-Smile preserves itself the right to suspend or refuse the affirmative of the order in the next limitative list of cases:
Despite all proofs, written or on another durable carrier the buyer can access, there is agreed that data processed registrations kept in the data processing system of JU*MA Jewel-Smile, his host or his payment partner, are the proof of communications, the contents of order and all transactions between the parties.
The offer and prices are only valid on the day JU*MA Jewel-Smile is visited. They can be modified without prior information, in this means that these modifications have no influence at all on the obligations of the parties if this involves orders which have been approved by JU*MA Jewel-Smile. Where appropriate only change to the Belgian VAT-tariffs can be calculated in the indicated prices.
all other current and future indirect taxes, levies, rights and deductions at source (excluding taxes on the income and profit) that might be levied by an agency or in application of sale that is subject to present general sale condition are always at the expense of the buyer and where appropriate this is to require above the price.
The prices proposed after the order procedure are global prices and include, or if mentioned except differently, Belgian VAT and administration fee.
Prices are indicated in euro.
The product offer and price of JU*MA Jewel-Smile are valid as long as they presented on the website of JU*MA Jewel-Smile till exhaustion of stock of JU*MA Jewel-Smile or its suppliers.
If an article is temporarily not available, the buyer is informed of it. The buyer informed about availability of a product can cancel his order by addressing himself to JU*MA Jewel-Smile (see data from JU*MA Jewel-Smile article).
In no case JU*MA Jewel-Smile can be held responsible for any damage resulting out of the non-availability of an article.
The order is provided on the address which was indicated from the buyer during the establishment procedure and according to the mentioned modalities.
Delivery costs from 350 € on are totally for the supplier.
Ordered goods can be provided on an existing address everywhere.
The delivery is executed by post.
The delivery (jewel) will be insured by the salesman from production till the consumer for the worth for it.
JU*MA Jewel-Smile will only provide an invoice according to the law of VAT for the professional buyer if to this end the provided box has been ticked. As far as the last mentioned fills in his VAT number or if not his registration number or national number in the field foreseen for that or if the buyer is not under VAT-scheme he has to fill in ‘EXEMPTED’.
If the (professional) buyer wants an invoice that has an address different from the delivery address he can during ordering through the establishment form give up the invoice address by filling in the right data in the fields foreseen. (See article above.)
JU*MA Jewel-Smile does not give invoices to individuals.
A delivery note will always be included with the ordered goods.
The price applied for invoicing is the price mentioned that is accessible on the website of JU*MA Jewel-Smile only through the address http://www.ju.ma.com on the day of the ordering. No other commercial reductions will be applied for the sales through the service.
JU*MA Jewel-Smile watches that the order is as soon as possible processed, 5 to 10 business days for a jewel without diamonds and up to 20 business days for a jewel with diamonds.
The delivery terms mentioned in the order procedure (step 1 in the procedure for making an order) are average processing and delivery deadlines and are communicated for the information. JU*MA Jewel-Smile can not be held responsible for possible delays in processing the orders or their delivery.
Processing costs are included in the price mentioned on the order form.
All articles offered through the service are represented and described for the good marry. The descriptions on the site of JU*MA Jewel-Smile have however no contractual value.
When the received product is not conform the article that the buyer ordered or when it is damaged, he can resend the product to JU*MA Jewel-Smile within 7 days after reception. JU*MA Jewel-Smile exchanges the product or pays back the amount of the order within 30 days after reception of the returned product. Return or switch after these 7 days is not possible.
JU*MA Jewel-Smile preserves the right to refuse to pay back returned products that are damaged from the buyer.
In general an order is considered as delivered within 3 working days after handing-over the articles to the post, post stamp is considered as proof.
Although if one or more ordered product(s) do(es) not reach the buyer within 5 working days after confirmation of the order on the communicated delivery address, the buyer must take contact within a reasonable period with JU*MA Jewel-Smile, (data to be found above), to check the status of the order.
If the sending would be lost during the delivery procedure, JU*MA Jewel-Smile will make a new sending or pays back the amount of the order.
According to Belgian law from the 14th of July 1991 concerning the trade practices and the protection of the consumer the buyer has a period of 7 working days, from the day following the delivery day of the order, to eventually abandon his purchase. This right to abandon does not apply to the professional buyer.
In following cases this time of reflection is not valid: the delivery of products that are made according to the specifications of the consumer or that clearly have a personal character or that cannot be resend as a result of their character.
The pronouncement of the abandoning can be done by e-mail or a made a note of letter addressed to JU*MA Jewel-Smile (data to be found above).
The right from the buyer to abandon depends resending the product(s) within a period of 3 working days from the sending of the e-mail or a made a note of letter in which the abandoning is announced.
The resend products must be sent in new state and in the original packing, which has to be in perfect state as well, together with the supply papers.
JU*MA Jewel-Smile pays back the amount of the involved order as soon as it has received the resend product(s) if the product(s) are (is) in perfect state.
The sending costs for resending the product(s) are for the account of the buyer, except in case of a non-conform delivery (see article above)
“The consumer does not have the right to abandon the purchase.”
In general payment must be done through the service by means of credit card through a protected server.
When using a credit card the approval will be asked from your financial institution on the moment of your order.
JU*MA Jewel-Smile remains the owner of the sold goods until the price is paid totally.
The site from JU*MA Jewel-Smile and its content is protected by copyright. Moreover the site contains images that are protected by copyright of third parties. It is forbidden to copy, translate, change or spread images (partially or wholly) in which form thus without the written agreement of JU*MA Jewel-Smile. Each whole or partial copy, translation, adaptation, modification or distribution of aforementioned elements is at strictest prohibitions. Each breach on such intellectual rights can lead to civil right and criminal prosecution.
JU*MA Jewel-Smile cannot be held responsible for any direct or indirect damage that evolves out of the use of its service.
Moreover JU*MA Jewel-Smile is not responsible for the contents of sites from third parties with whom she establishes hyperlinks, in particular with regard to the protection of the personal life environment.
In no case JU*MA Jewel-Smile can be held responsible for the non-implementation of the closed contract in case of supremacy, problems in case of a total of partial strike by the mail services, means of transport or communication, floods, fire.
The contracts concluded by the service will be archived by JU*MA Jewel-Smile, but they will not be made available for third parties (including the buyers).
In accordance with the charter of the personal life environment that stands on the internet site of JU*MA Jewel-Smile and is referred to, JU*MA Jewel-Smile links itself to observe the law from 8 December 1992 for the protection of the personal life environment with respect to the processing of personal data.
Each dispute concerning the use of the service and the application or interpretation of present General Sale Conditions exclusively will be treated by Belgian law. At a dispute only the courts from the district Bruges (Belgium) are competent.
For follow-up of the orders and/or questions or eventually complaints concerning the conformity of the delivered goods by the service the buyer can address himself to “contact”.