IT IS IMPORTANT THAT CUSTOMERS READ AND UNDERSTAND THE GTCS. BY CLICKING ON “ACCEPT” WHEN PLACING AN ORDER, CUSTOMERS ACKNOWLEDGE HAVING READ THE GTCS AND ACCEPT WITHOUT ANY RESERVATION ALL THE PROVISIONS SET OUT IN THE GTCS AND ACCEPT THAT THE GTCS APPLY TO THE SALES CONTRACT. THE GTCS APPLY TO REGISTRATION AND ORDERS PLACED ON www.fabiennebelnou.com.
The general terms and conditions in force on the day of entering the sale will be applicable.
The company FABIENNE BELNOU CREATIONS S.à.r.l. (hereinafter referred to as the “jewellery shop” or “company”) is a private limited liability company (société à responsabilité limitée) governed by Luxembourg law, having its registered office at 5, rue Marché-aux-Herbes, L-1728 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 43116.
Its phone number is: +352 2218401
Its website is: www.fabiennebelnou.com
Any information can be obtained by sending an e-mail to the following email address: firstname.lastname@example.org
Its VAT number is: LU 1550 1970
All orders are subject to product availability. If the product is no longer available at the time of the order, the customer will automatically receive an email and the order will automatically be cancelled and no bank debit will be made. The customer is made aware of the possibility of reproducing the product (never identically) within a period of time to be confirmed except for collections.
Parties’ respective rights and obligations
The parties are bound by an obligation of good faith
Changes to the GTCS
The GTCS can be amended at any time.
Presentation of online products.
Products are accurately described with respect to the following data:
- Number of carats
All jewellery is delivered with a certificate of authenticity, the precious stones being IGI (International Gemological Institute) certified, GIA (Gemological Institute of America) certified, etc.
The photograph is a reproduction of the product for sale, if it is a unique piece. Every product with a unique design is described as such. The customer must refer to the product description to find out about the characteristics of the product, except for collections.
As far as collections are concerned, the product is available while stocks last.
The other products are unique pieces and may be withdrawn by the company at any time.
The prices are indicated in euros including all taxes (all taxes included except customs fees, which are not included).
Shipping costs are borne by the customer.
Prices can change as long as an order has not been made by the customer.
The jewellery shop remains the owner of the jewellery until full payment of the order – i.e. principal and ancillary costs – to its bank account. The customer personally makes the commitment to the jewellery shop, not to dispose, by any means whatsoever, neither in full ownership nor by pledging, of the product purchased before full payment of the price.
All shipments are subject to insurance (theft and breakage), which is included in the shipping price.
All jewellery is delivered sealed because of its preciousness. It is the only way to guarantee their integrity and authenticity, and to ensure that the product ordered is delivered to the customer.
Shipping costs are borne by the customer.
Costs vary according to the geographical area of the order and the delivery method. The company reserves the right to cancel or refuse any order involving a delivery according to the geographical area.
The delivery is considered to have been made on the date of the first presentation of the product to the customer.
The parcel containing the order is delivered by a carrier chosen by the company, to the address indicated by the customer in their order. In case of absence of the customer at the time of delivery, a slip is left in their mailbox. The customer must contact the carrier using the contact details indicated on the slip to agree on a new delivery date.
The delivery time is fixed at 15 days as an indication. The lead times mentioned at the time of the order are given for information purposes only and do not imply any obligation of result on the part of the company.
The jewellery shop shall not be held liable in the event of late delivery. The customer can opt for delivery at the “Click & Collect” shop located at 5, rue du Marchés-aux-Herbes L-1728 Luxembourg.
The customer is responsible for the information provided that is necessary for the correct shipping of the order. The company is not responsible for delivery delays caused by the customer entering an erroneous or incomplete address at the time of the order.
In the event of a false address/phone number (necessary for delivery), the customer agrees to pick up the product at the jewellery shop.
In the event that the delivery is refused, the product shall return to the jewellery shop.
Shipping and return costs are at the customer’s expense and a penalty of 25% of the value of the product will be applied if the customer does not take possession of the product.
Any unsealed jewellery will result in the recognition of the order’s conformity and will prevent any return of the product.
Conformity and warranty
As far as jewellery is concerned, any default, lack of conformity or otherwise, may only be noted on presentation of the sealed jewellery. No claims can be made if the jewellery is unsealed. The customer must check their package upon receipt thereof. The customer must refuse the package immediately (i) if the package is not in a perfect condition or (ii) if the customer has any doubt that the contents could be damaged.
Each piece of jewellery is sold with a certificate of authenticity describing its components and characteristics.
Right of withdrawal
The customer has the right to withdraw from the order within 14 days (right of withdrawal).
The customer undertakes not to unseal the jewellery. In the event of a problem (defect before delivery) the buyer will have to provide proof that the defect existed before the delivery package was opened. No return measure will be possible if the jewel is unsealed and/or broken by the customer who will have to obtain evidence that they did not break the jewellery when opening the delivery package.
The jewellery cannot be reimbursed before the seller has examined the product to check its authenticity and to verify that it is the same jewellery as the one that was ordered.
Transfer of ownership and transfer of risk
Ownership is only transferred to the customer once the full price – i.e. principal and ancillary costs –
has been paid.
Regardless of the terms of delivery and notwithstanding the retention of title clause, the transfer of risk on the product to the customer shall take place upon delivery.
The company shall not be held liable for:
- damage resulting from a cause external to its intervention;
- problems caused by frost, floods, fires and other exceptional conditions;
- damage due to abnormal use of the product or in conditions other than those for which it was intended;
- problems or deterioration resulting from negligence, lack of supervision or maintenance or from a product transformation;
- damage due to failure to comply with recommendations;
- any damage due to a modification caused by the intervention of a third party.
The company shall not be held liable under the customer’s liability.
Everything published on the website (photographs, files, details, etc.) is protected by copyright in general and by the principles of intellectual property law.
The website may not be copied, amended, published or placed under another website.
Texts may not be copied.
Agreement on personal data protection
The company undertakes to do its utmost to protect the privacy of its customers/contacts and to comply with the provisions of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter the “GDPR”).
Collection of personal data
Personal data may be collected in the context of the relationship. The personal data requested may be as follows:
Surname; First name; Nationality; Place (city + country) and date of birth; Home address; Business address; Telephone numbers; Contact language; Copy of valid ID card; Bank details (IBAN account number); Any other necessary data.
Obligation to provide these data and consequences for failure to provide the data
From an organisational and legal point of view, the company is not in a position to work for people who refuse to provide the required information, even though the company is bound by an AML obligation (identification of buyers in the context of the fight against money laundering).
Purposes of personal data processing
By providing personal data and by signing this document, the customer expressly authorises the processing of said data for the following purpose(s):
- Placing the order
- Recording data in an electronic file to recreate a piece of jewellery in the event of loss or theft
- Answering questions, requests for information and/or advice
- Meeting the legal obligation to identify our customers (KYC) within the framework of the amended law of 12 November 2004 on the fight against money laundering and the financing of terrorism
- Ensuring the billing of services and proper follow-up
- Sending the customer electronic communications (newsletters etc.) and possible invitations
The company shall ensure that the personal data collected is relevant, adequate and not excessive in relation to the intended purpose of processing.
Once the intervention has been completed and the payment made, the computer data is also archived, which includes the retention of the entire computer file for a period of thirty years from the date of payment, unless otherwise requested, in order to enable a lost piece of jewellery to be reissued or tracked down in the event of theft.
Personal data processing consent
The customer shows his free, specific, enlightened and unequivocal willingness to accept the processing of personal data by placing an order.
Rights related to personal data
Upon simple request sent by mail to the data controller of the company FABIENNE BELNOU CREATIONS Sàrl, residing professionally at 5, rue du Marché-aux-Herbes, L-1728 Luxembourg, the customer has a:
- Right to information
- Right of access i.e. to obtain, at any time and upon request, confirmation as to whether or not the data is being processed
- Right of rectification, i.e. to have the data controller rectify inaccurate personal data as soon as possible
- Right of deletion/right to oblivion, i.e. to have the data deleted by the person responsible as soon as possible, unless the retention of data is a legal obligation to which our business is subject
- Right to processing limitation
- Right to data portability
- Right to object at any time, on grounds relating to a specific situation, to processing of personal data based on Article 6(1)(e) or (f) of the GDPR, including profiling based on those provisions
- Right not to be evaluated on the basis of automated processing
- Right to withdraw consent easily and at any time without prejudice to the lawfulness of the processing operation based on their consent carried out with the withdrawal thereof
- Right to lodge a complaint with a supervisory authority and in particular with the National Commission for Data Protection (CNPD).
Computer security of your personal data
he company implements appropriate technical and organisational measures to ensure a level of security that is appropriate to the risks involved with the processing, including protection against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or unauthorised access to personal data transmitted, stored or otherwise processed.
The company regularly analyses and evaluates the effectiveness of technical and organizational measures.
In order to ensure the computer security of your personal data, the company has chosen computer service providers which:
- have adapted their terms and conditions to the provisions of the GDPR
- implement appropriate solutions to reduce the risk of computer sabotage, intrusion and theft and loss of entrusted data.
In accordance with established case law, the seller cannot be held liable in the event of force majeure and will not be held liable in the event of disorganisation, interruption of internet communications, political and economic events, even if these events are not due to force majeure.
Invalidity of a clause
If any clause of this Agreement is invalid, such invalidity shall not automatically entail the invalidity of the whole Agreement. The agreement will continue to produce its effects and its other clauses will have to continue to be applied.
Applicable law and competent court
Any contract/order placed through the website is exclusively subject to Luxembourg law. In the event of a dispute, the customer can obtain information and assistance from the Luxembourg Consumers’ Union (ULC) or the European Consumer Centre (CEC Luxembourg).
The jurisdiction of the courts of and in Luxembourg shall remain exclusive
Withdrawal request (to be completed)
I hereby inform you of my withdrawal request regarding the article below