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EMPOWERING CREATIONS
One of a kind & custom made jewelry - Upcycling old gold - Sensual healing dance
Terms and Conditions
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The following conditions are deemed to have been agreed between the seller
and the buyer, both when signing the intake form and when signing
of the offer. The general terms and conditions of sale are stated on every official
document from DELPHINE and are available at all times on the website www.delphineb.be
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Article 1: Concept of goods
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The terms goods are hereinafter understood to mean: all products that belong to the normal
or temporary assortment belonging to the seller. Any good sold by the seller
delivered is unique.
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Article 2: Intake scan - quotation - agreement - cancellation
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2.1. The potential customer must make an appointment where an intake form is drawn up.
The intake form is a document that is completed together with a potential buyer.
An appointment takes about half an hour. The potential buyer must cancel the
appointment at least 24 hours in advance. Except for force majeure (such as
illness,…) in the event of multiple late notifications, EUR 25.00 will be charged.
In case of non-notification of cancellation, EUR 50.00 will be charged.
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2.2. At the appointment, the intake form will be reviewed and what will be discussed
DELPHINE for the buyer. Is there an agreement to transfer?
go to a design (drawing, sketch, visualization,…) of the jewel, then
signed a document. By completing and signing the intake form, the potential buyer accepts DELPHINE's general terms and conditions of sale.
Old gold can be tested for an amount of 199.00 EUR (incl. VAT). If a piece of jewelery is ordered after the test, the aforementioned sum will be deducted from the amount of the quotation.
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2.3. The sketch is delivered to the potential buyer together with a quote for the
cost of the jewel to be manufactured. The quotation will be delivered within the month to
the potential buyer; this term is a guideline and in no way binding.
The offer is valid for 7 days.
- When the offer is accepted, an advance of 50% of the sales price (incl. VAT) will be charged.
- If the design is not accepted, the potential buyer is entitled to a free variant of the design. If a completely new design is requested by the potential buyer, an additional EUR 50.00 (incl. VAT) will be charged.
Only an order confirmation signed by the buyer is binding on the seller.
The execution of the agreement will continue in accordance with the general terms and conditions of sale. This is to the exclusion of the customer's (buyer's) own terms and conditions, even if these are communicated afterwards.
During production, online (www.delphineb.be), and on social media (such as Facebook
and Instagram) shared photos of the making process. The buyer proceeds with this
signing the offer, unless he indicates by email he does not agree
to go.
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2.4. The person or company placing the order is considered the
client – customer and guarantees payment of the invoice, even if it is
the latter must be drawn up and sent to a third party.
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2.5. Any cancellation of the order must be made in writing and well before delivery
takes place. The order can be canceled free of charge during 3 working days after acceptance of the quotation.
A later cancellation is only valid after written acceptance by the seller, and is
only possible if the production of the jewel has not yet started.
Without written acceptance, the sales agreement must be performed, and the full amount is due. In the event of an accepted cancellation (whereby the jewel has not yet gone into production), the customer owes a flat-rate compensation of 30 percent, calculated on the price of the total order (incl. VAT). This fee covers the fixed and variable costs associated with a cancellation, such as ordering the gold/silver and other preparatory works.
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2.6. Changes and/or adjustments to previously placed and confirmed orders, either before delivery or after delivery, must undergo the same procedure, only with the agreement of the seller. It is only bound after the seller's confirmation. This also applies to repeat orders.
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Article 3: Description of the goods to be delivered.
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The goods are delivered as stipulated in the order form or on the front of the
invoice. Every good is unique and slight deviations from the design are always possible. The buyer agrees to this and waives any claim for non-conformity of delivery insofar as the deviations are minimal and reasonable. (See also article 6)
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Article 4: The price
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4.1. The price is that as stated on the offer and/or invoice, unless the seller is forced to adjust it to the evolution of the fixed and/or variable costs as a result of changes in the structure of (raw materials, wages, energy. ..).
The amount of materials to be used (good, silver,…) is estimated in advance at
the preparation of the offer. Exceptionally, it turns out in the effective execution of the jewel
necessary that more (or less) precious metal is required to manufacture the jewel.
This can only be determined once the jewel is already in production, whereby the
order can no longer be cancelled. Deviations in more or less less than 5%
are for the account of the seller. Larger deviations are at the expense of the buyer,
and will be charged on the final invoice. Under no circumstances can this additional cost lead to
to a protest of the final invoice. The buyer accepts that the risk for any
additional cost to him/her.
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4.2. The price is incl. VAT (unless stated otherwise)
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4.3. The price is exclusive of delivery, transport and insurance costs. (unless otherwise stated)
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Article 5: Delivery times
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5.1 The goods are delivered within the period stated on the order form,
take into account the usual tolerances specific to the nature of the industry or
the trade.
If the buyer has to collect the goods and he is in default, a storage fee may be charged
will be charged. The buyer now bears the risk.
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5.2. The delivery time is a minimum of 2 months and a maximum of 5 months.
A faster delivery time is possible if you pay a surcharge of 10% on the amount
of the offer.
The exactly stated delivery times or dates are provided for information purposes only
provided. The term does not constitute an obligation of result for the seller and is therefore
not strictly binding, unless this would have been expressly agreed between the parties and
expressly stated on the front of the order form.
If the latest delivery time cannot be met due to unforeseen
circumstances, the buyer will be informed of this in a timely manner (ie as soon as DELPHINE becomes aware of
of the reason for delay).
Delay in implementation can never lead to a fine, compensation or
dissolution of the agreement to the detriment of the seller.
Any “fait du prince” or case of force majeure releases the seller from any
liability, including late delivery by the seller's supplier.
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5.3. The goods always travel at the buyer's risk.
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Article 6: Control and after-sales service
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6.1. The buyer must immediately take receipt of and inspect the goods. No
complaints are more considered after eight days after delivery or after
treatment thereof.
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6.2. Hidden defects can only give rise to compensation if they
competently identified and submitted within eight days and the
goods have not yet been processed.
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6.3. The legal warranty applies to the purchased goods. The purchaser acknowledges that the
goods must be handled and stored carefully. Together with every jewel
an instruction manual with additional information about the use, the
safekeeping and maintenance of the goods. For example, it is important that pearls or
gemstones do not come into contact with body lotion, soap, perfume and cleaning products.
Do not wear valuable jewelry while sleeping, exercising, cleaning or doing well.
Store jewelry in a dark, dry place in the container provided by the seller
gives.
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6.4. The seller provides an annual check-up that is included in the initial quote
and is therefore free of charge for the buyer.
An annual check-up is necessary for the application of the legal guarantee.
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Article 7: Transfer of ownership and payment methods
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7.1. The delivered goods remain the property of the seller until full payment of
principal, costs and interests.
The goods must be picked up in time after the buyer has been informed
that these are ready for collection, otherwise the buyer owes the fees,
provided for in article 7.4.
The goods will only be handed over if they have been paid in full (cash,
transfer, bancontact, Payconic,…) upon collection. After collection, a purchase receipt will be issued,
or invoice.
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7.2. Unless otherwise stated on the invoice, the price is payable in cash at
receipt of the goods, after deduction of the 50% advance already paid
acceptance and signature of the offer. The price must be paid to
GHENT at the registered office of the seller.
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7.3. In the event that an order is delivered in several times, for whatever reason,
with each delivery, at least the price of the then delivered goods must be immediately
paid. In other words, the buyer cannot decide in that case from only to transferring to payment
as soon as the order is fully delivered.
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7.4. In the event of non-payment or late payment, the price will be increased by a
compensation of 10 percent, with a minimum of EUR 250.00, which corresponds to
the hindrance suffered by the seller in this way, and with the
administration costs. In addition, a conventional interest is due which is 12
percent per year. These increases are due without any
notice is required. The default interest is calculated in the month started.
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7.5. The non-payment on the due date of a single invoice makes the balance due
of all other invoices, even those that are not due, are immediately due and payable by operation of law.
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7.6. Likewise, in the event of full or partial late payment, the compensation and interests
as stated under 7.3. owed.
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7.7. All collection, reminder and prosecution costs are borne by the customer,
without prejudice to the provisions of art. 7.3.
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7.8. Without prejudice to the provisions of Article 6.1. In case of dispute, the invoice must be
protested within eight days of receipt.
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Article 8: Guarantees
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If the seller's confidence in the buyer's creditworthiness is shaken
by acts of judicial execution against the purchaser and/or identifiable other
events that affect the confidence in the proper execution of the purchaser's
question and/or make it impossible to enter into commitments, the seller retains
reserves the right to demand suitable guarantees from the purchaser. If the buyer refuses
agreeing to this, the seller reserves the right to change the entire order or any part of the order
part of the cancellation, even if the goods have already been wholly or partly
sent. In such a case, by way of compensation, the amount
are owed as referred to in article 7.2 and any costs cf. art. 7.5. at the expense of the buyer.
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Article 9: Right of retention
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It is expressly agreed between the parties that all goods of the buyer
located in the seller's warehouses and workshops, by the seller
may be withheld in order to further guarantee the payment of the owed
tolls for goods already returned.
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Article 10: Dispute settlement
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10.1. In the event of a dispute, only the courts of the judicial
district of East Flanders, Ghent department is competent.
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10.2. All costs mentioned in art. 7.5., as well as the attorneys' fees, shall at least
be recovered from the buyer, if the latter is found to be in the wrong.
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10.3. Only Belgian law applies.
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