Introduction

The Belgian limited company Spitaels Consulting b.v., whose registered offices are established at Mullemstraat 23, 9700 Oudenaarde (Belgium) and which is registered as a company under the number 0441.574.880 (hereinafter referred to as: “Spitaels Consulting”), sells items of the Bigli brand throughout different countries in the world.

Anxious to always exceed its customers’ expectations, Spitaels Consulting wanted to set up, along with its network of retail stores, a remote sales system (online) for some of its products. In order to guarantee optimum service on this new offer to customers, Spitaels Consulting carefully made a selection of items, thereby excluding certain product types from its online offer. The list of products available for purchase online are listed on the website: www.bigli.net.

The online system, which requires an active approach on the part of the customer, is in line with standard requirements for distance selling.

The use of the distance selling process described in these Terms & Conditions are reserved to consumers only, under the law and jurisprudence, acting exclusively for their own account and residing in the countries mentioned in article 2. Sales to residents from other countries are currently not possible.

Article 1: Scope

1.1. These terms & conditions are applicable to all sales of Spitaels Consulting items concluded via the Spitaels Consulting website, available on www.bigli.net.

1.2. The customer agrees that he has read the present Terms & Conditions before placing its order. The confirmation of the order will be regarded as acceptance without restriction or reservation of these Terms & Conditions. Only the present Terms & Conditions will apply to any and all price quotations, orders, agreements, sales and deliveries executed by Spitaels Consulting, with the exclusion of any and all other general or specific conditions it uses.

1.3. Derogatory conditions will only apply if they have been accepted expressly and in writing by parties beforehand.

Article 2: List of countries

2.1. Spitaels Consulting currently only delivers in Bulgaria, Canada, Croatia, Czech Republic, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Monaco, San Marino, Switzerland, Japan, UAE, USA.

2.2. Said list of countries is however updated often.

Article 3: Product details

3.1. For further information about Spitaels Consulting’s products, please check www.bigli.net for a list with references, or visit any of the Spitaels Consulting retailers.

3.2. Spitaels Consulting takes great care in listing the characteristics of its products. Spitaels Consulting cannot however exclude (material) errors or omissions. Spitaels Consulting cannot be held liable for any (obvious) errors and/or omissions and reserves the right to change, in any way whatsoever, any characteristics of any and all products at any given time. Any changes are applicable with immediate effect.

3.3. Photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding to Spitaels Consulting.

3.4. The jewelry sold by Spitaels Consulting is processed by artisanal gem cutters. Only natural high-quality gems are used. Because every stone is unique and has its own properties it is impossible to produce the same identical stone twice.

Article 4. Placing orders

4.1. Online purchases

4.1.1. Orders can be placed through the online store on the website. The customer will bear the cost of telecommunications for internet access and the use of www.bigli.net.

4.1.2. In order to buy a product on its first order, the customer will be required to open an account and fill out an order form with mandatory fields. This allows Spitaels Consulting to process the customer’s selection in the production process.

4.1.3. Should the customer’s internet browser freeze during the order process, the availability of the desired product is no longer guaranteed. The customer is likely to be asked to restart the ordering process.

4.1.4. The customer will have the opportunity, before finalizing his order, to check the order details and total price, as well as to correct any errors before confirming the purchase. Once the order is confirmed, Spitaels Consulting will acknowledge receipt thereof electronically, without delay.

4.1.5. However, the sale will be considered definitive only after the customer receives a confirmation of purchase from Spitaels Consulting, with details regarding shipment of the order. Only shipped items will be charged with transport costs.

4.2. Purchase refusal

4.2.1. Spitaels Consulting reserves the right to refuse any order deemed abnormal or made in bad faith.

4.2.2. In addition, Spitaels Consulting is entitled to refuse any order from a customer with whom it has a dispute (a/o over payment delays) from a previous order.

Article 5: Prices

5.1. Spitaels Consulting’s listed prices include all taxes. Shipping is charged separately.

5.2. For each ordered item, the price including VAT, as well as shipping costs will be listed before purchase, then requiring validation of the order by the customer.

5.3. The customer will receive written confirmation of the price details per item and shipping costs.

5.4. Please note that the VAT may vary in accordance with the country to which the order is delivered.

In the case of delivery to the United States, prices will be shown inclusive of all taxes, excluding postage charges.

Please note that certain countries, especially outside the E.U., may charge import taxes or other customs-related taxes. These are to be paid by the customer.

Article 6: Terms of Payment

6.1. Payment of the customer’s purchases is made by credit card only: CB cards, Visa, Eurocard / Mastercard  drawn from accounts bound to the countries listed in section 2.

6.2. The customer’s credit card is charged as soon as the online purchase is confirmed.

6.3. For this purpose, the customer guarantees to Spitaels Consulting that he owns the credit card.

6.4. Spitaels Consulting will require the following information to complete the order:  the name on the charged card, the number and the expiration date, appearance of the credit card, and if necessary, the CVV number appearing on the back of the credit card.

6.5. In an effort to combat Internet fraud, control will be carried out online with the institutions and banking agencies, questioned via the system of Group C.I.C. The latter will be responsible for the storage and automated processing of personal information, including credit card details in a secure environment.

Article 7: Delivery terms

7.1. The delivery of items must be made to the customer’s home address situated in one of the countries listed in article 2.

7.2.  No delivery can be done to hotels, business addresses or PO boxes.

7.3. Delivery of the items will be made, after purchase payment has been recorded in full on the customer’s account with Spitaels Consulting.

7.4. Spitaels Consulting will ship the ordered items as soon as possible, but not later than two weeks after the order has been fully paid for. The customer will be informed by mail once his order has been shipped.

If the requested item is not in stock, delivery-time may however be up to 4 to 6 weeks.

7.5. Please note that FedEx/DHL may request to provide the Employer Identification Number (EIN) or the Social Security Number (SSN).

7.6. If, during delivery, the external appearance of the package is damaged in any way whatsoever, the customer will proceed to its opening in the presence of the carrier to check the condition of the item. In case of damage to the item, the customer will mention this in detail on the delivery note.

Article 8: Satisfaction and refunds – right of withdrawal and return of items

8.1. The customer has 14 days after receiving his online order to submit his return request. Spitaels Consulting’s in-house team will assess the request (based on return eligibility). Therefor all packaging and materials need to be included.

8.2. Spitaels Consulting’s carrier will pick up the customer’s package at a date and time that suits the customer directly at the address mentioned when the customer returns its item by mail.

8.3. Once the item is received by Spitaels Consulting, please allow five business days for processing and review. Once approved, the customer will receive an email confirmation. The refund of the customer’s online order will be validated after receipt and verification of the jewel. The refund will then take place within 2 or 3 days.

8.4. Damaged, modified, worn or otherwise altered jewels cannot be the subject of a refund. They will be sent back to the customer, at the latter’s cost.

8.5. Any personalized jewel cannot be the subject of a refund or an exchange. This includes any jewels with a personalized engraving, jewels made in a specific color, as well as any jewels between sizes # and #.

Article 9: Product Exchange

9.1. Spitaels Consulting wishes to offer its customers the opportunity to exchange the items delivered under the conditions described below.

9.2. In all cases, incomplete, damaged, modified, worn or otherwise altered items will not be exchanged. The same goes for tailor-made and/or otherwise personalized items.

9.3. Any successful exchange will be considered a final sale. Payment of the new sale will be made by compensation with the amount of the previous sale, it being understood that any overpayment will be the subject of a credit in favor of the customer, a credit on the customer’s credit card or the customer’s bank, to be confirmed with the Customer Care department.

9.4. Exchanges through the Customer Care department will be subject to the Terms & Conditions of sale.

Article 10: Quality control and Warranty

10.1. The customer must verify that the items that were delivered match his order. Should the customer receive a package that does not match his order, he must inform the Spitaels Consulting Customer Care Department email and return the articles in question under the conditions set out in article 8 of these terms & conditions.

10.2. Spitaels Consulting’s jewels are subject to the warranty conditions provided by law. Spitaels Consulting offers no warranty which extend beyond the law.

Article 11: Complaints – information

11.1. For any information, complaint or question about any sales, customers will have to contact the e-Commerce Service by e-mail: info@bigli.be with their order number as needed.

Article 12: Electronic files – personal data protection

12.1. Please check Spitaels Consulting’s privacy policy, which you can access here .

Article 13: Intellectual property rights

13.1. Spitaels Consulting is and remains the sole owner of any and all intellectual property rights on this website as well as on any and all (pictures of the) products shown thereon.

13.2. Any use thereof requires the prior, written and express authorization of Spitaels Consulting. All rights are reserved.

Article 14: Various

14.1. The invalidity or unenforceability of any provision of these terms & conditions shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect and shall in no way be affected, impaired or invalidated.  The parties shall use their best efforts to agree a new or varied provision, which achieves to the extent, permitted by law the original business purpose of any invalid provision.

14.2. Any and all cases of ‘force majeure’ and, in general, any and all circumstances which prevent, reduce or delay the execution of the order by Spitaels Consulting and/or which would disproportionally complicate the execution of its obligations, relieve Spitaels Consulting of any and all responsibility and allow it to reduce its obligations or terminate the agreement or suspend the execution thereof, without any compensation being due to the customer. This section will apply in case of a/o war, civil war, mobilisation, civil unrest, strikes and lock-out (both at Spitaels Consulting and its suppliers), machine breakdown, fire, transport interruptions, difficulties in obtaining raw materials, materials and energy, as well as any and all government limitations or interdictions.

Article 15: Legal disputes

15.1. The Terms & Conditions of sale are subject to Belgian Law.

15.2. In the event of any dispute, controversy or claim arising from or related to the terms and conditions of sale, the customer is invited to contact Spitaels Consulting’s customer service (see contact details in article 11).

15.3. Failing that, the customer can if he wishes to resort to any alternative method of dispute resolution and in particular to a mediation procedure by accessing the European platform for online dispute resolution at the following address: www.ec.europa.eu/consumers/ord which will try to reach an amicable resolution of the dispute. The customer is free to accept or refuse the recourse to mediation and, if the parties decide to have recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. The customer may not file a claim with the mediator for more than one year from the date of his written complaint to the Spitaels Consulting customer service.

15.4. In the absence of amicable solutions or recourse to mediation, all disputes to which the general conditions of sale could give rise will be submitted to the courts in accordance with the rules of common law.