1. SUBJECT AND DEFINITIONS
1.1. These general conditions of sale (hereinafter referred to as “General Conditions”) govern online purchases of “Fullcut ®” brand products (hereinafter referred to as “Products”) on www.fullcut.co e-commerce website (hereinafter referred to as “Website”).
The website is property of B.G.EL Europe Bvba (hereinafter referred to as “Owner”).
1.2. The products on sale on the Website are sold to the Consumer (as defined in Point 1.3 below) by Fullcut bvba, with registered offices at Pelikaanstraat 78, 2018 Antwerpen, Belgium, with Belgian Trade Register number [ ] (hereinafter referred to as “FULLCUT” or the “Seller”).
1.3. For the purpose of these General Conditions, “Consumer” (hereinafter “Consumer” and together with the Seller, the “Parties”) means any natural person purchasing Products on sale on the Website for purposes other than business, sales, artisan or professional activities he or she may carry out, in compliance with Book I., Title 1., article I.1., 2° of the Belgian Code of Economic Law.
1.4. Should one or more sales of Products be made to individuals who do not qualify as Consumers, these General Conditions of sale shall still apply but, notwithstanding their content:
a) the purchaser shall have no right to returns or refunds as stipulated in article 7;
b) the Product warranty and any other legal guarantee shall not apply (unless otherwise enforced by the law itself);
c) none of the Consumer protection rights shall apply to the purchaser, reflecting or in compliance with binding legislation;
d) the sales contract between the Seller and the purchaser shall be governed by Belgian Law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, Vienna, 1980;
1.5. All purchases of Products on the Website are governed by these General Conditions, in the version published on the Website as and when the purchaser transmits the order to the Seller.
The Seller reserves the right to modify these General Conditions at any time, at its own discretion, without any obligation to notify Website users. Any modifications applied will be effective from the date of their publication on the Website and will apply solely to sales effected from that date.
1.6. By transmitting a purchase order for Products via the Website, the Consumer accepts that confirmation of information relative to the order placed and these General Conditions will be sent by email to the same address provided during registration on the Website or during the purchase procedure.
2. PRODUCT CHARASTERISTICS
2.1. The Products are sold with the characteristics described on the Website and according to the General Conditions published on the Website as and when the purchaser transmits the order, excluding any other condition or term.
2.2. Notification of defects is to be made in writing by registered letter without delay, however no later than 7 days after receipt of the purchased Product. The date of the postmark will be decisive.
The purchaser must demonstrate that the defect already existed at the time of purchase.
A defect shall solely entitle the purchaser to exchange the merchandise. No refunds will be possible.
As its discretion the Seller is entitled to satisfy claims for indemnification not only by exchange but also by repair or price reduction.
2.3. Each Product shall be accompanied by an official Certificate of the International Gemological Institute.
The Seller doesn’t carry any liability regarding the correctness of the Certificate corresponding with the purchased Product.
If the Product doesn’t correspond with the Certificate, this will not be deemed as a “defect”, as described in article 2.2.
2.4. Prices, Products on sale on the Website and/or their characteristics may be subject to changes without notice. Before transmitting a purchase order as defined in Point 3 below, the Consumer is asked to check the final sale price.
3. PRODUCT PURCHASE
3.1. Presentation of the Products on the Website is not binding for the Seller and is merely an invitation to the purchaser to enter into a purchase contract with the Seller and not an offer to the public.
3.2. The purchase order sent by the purchaser to the Seller via the Website has the same value as a contract proposal and is governed by these General Conditions, which constitute an integral part of the order itself and which the purchaser, by transmitting the order to the Seller, is obliged to accept fully and unconditionally.
Before purchasing Products, by transmitting the purchase order, the purchaser will be asked to carefully read these General Conditions.
The purchaser will also be asked to check and correct any errors in the personal details entered.
3.3. The purchaser shall pay to the Seller the total price as shown on the order and order confirmation email sent by the Seller to the purchaser, as stipulated in article 3.4.
3.4. The purchaser shall pay all and any further costs, charges, taxes and/or duties applied by the destination country for whatever reason to any Products ordered on the basis of these General Conditions.
3.5. The purchaser agrees that the lack of knowledge of costs, charges, taxes and/or duties as described in article 3.4 as and when the order is transmitted to the Seller mayt not represent cause for termination of this contract and that none of the above costs may be charged to the Seller.
3.6. The purchaser’s purchase order is accepted by the Seller when the latter sends, to the email address provided by the purchaser when registering on the Website or when transmitting the order if the purchaser has not registered on the Website, an email confirming the order itself, containing a summary of the order placed and a description of the characteristics of the Product ordered. The purchaser’s order, Seller’s order confirmation and General Conditions applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy.
4.1. Payment of the purchase price is to be made by means of credit card or PayPal. The Seller may allow further payment methods, indicating these in the payment section on the Website.
4.2. Should the payment be made using a credit card, the purchaser will be redirected to a protected website and the credit card data will be communicated directly to the bank gateway administrator, the operator dealing with payments on behalf of the Seller. The data will be transmitted in protected mode, using the cryptographic SSL (Secure Sockets Layer) system. These data are not accessible even to the Seller.
4.3. A payment per PayPal is performed by PayPal (Europe) S.à.r.l. et Cie, S.C.A (more details regarding PayPal at www.paypal.com)
4.4. The purchaser accepts that fulfillment of the contract by the Seller, as mentioned in articles 6.2. and further, starts when the full price of the Product(s) purchased is credit to the Seller’s account.
4.5. In the event of default of payment, the Seller shall be entitled to interest for default, especially costs for administration and bank charges as well as costs for the legal pursuit of such rights remains reserved.
5. RETENTION OF TITLE
5.1. Until full payment of the price or the last purchase price installment, the Product(s) shall remain the property of the Seller. Conditional upon the full payment of the purchase price or of the last purchase prince installment, the ownership is automatically transferred to the buyer.
6.1. The Website shows the availability of the Products and relative delivery times. This information must however be considered purely indicative and not binding for the Seller.
6.2. The Seller undertakes to do everything within its power to respect the delivery times indicated on the Website and, in any case, to deliver the goods within a maximum of 30 (thirty) days from the day after the day when the purchaser transmitted the order.
6.3. The delivery time will start from receipt of the sum by the Seller, as mentioned in article 4.3.
6.4. The purchaser shall decide the delivery method for the Products ordered, choosing from those available and indicated on the Website when placing the order.
The purchaser undertakes to promptly check, as quickly as possible, that the delivery includes all, and only, the products purchased and to notify the Seller of any fault with any product received or non-compliance with the order placed, without which the products are considered accepted.
Should the packaging or wrapping of the products ordered by the purchaser reach the destination in an evident state of damage, the purchaser is invited to refuse delivery from the courier/deliveryman or to accept delivery “with reserve”.
6.5. All Products sold on the Website are sold “Ex Works”. All transportation costs and risks are assumed by the purchaser.
7. RIGHT OF CANCELLATION FOR CONSUMERS
7.1. Consumers have the right to cancel any contract agreed on in compliance with these General Conditions, within fourteen days without giving a reason and without incurring any penalty.
The cancellation period is from the date on which the Consumer took possession of the last goods/last partial delivery.
7.2. To exercise the right to cancellation, the Consumer must inform the Seller of his/her decision to cancel this contract by means of a clear declaration sent by:
– Registered mail: to the registered office as mentioned in article 1.2
– Fax : 0032.3. 2253056
– E-mail : [ ]
To protect the cancellation period, it is sufficient to send the notification of enforcement of the right to cancellation before the end of the cancellation period.
7.3. The Consumer must return or hand over the goods without delay to the Seller and in any case, within fourteen days from the date on which the Consumer informed the Seller of the cancellation of this contract. The term is respected when the Product(s) are sent back before the fourteen day deadline.
The Product(s) must be returned to the address of the registered office, as mentioned in article 1.2.
The Consumer shall be solely responsible for the direct costs of returning the goods. The Consumer shall only be responsible for any diminished value of the goods if this loss is the actual result of unnecessary handling of the goods by the Consumer to check their characteristics, properties, features, and function.
7.4. The Seller will issue a refund after the Seller has received the goods or until the Consumer has provided proof that he/she has returned the goods, whichever is the earliest.
7.5. The Seller shall reimburse the Consumer with all payments which the Seller received from the Consumer, including the delivery costs (excluding additional costs which are incurred in the event that the Consumer chose a delivery method other than the standard delivery method offered by the Seller), without delay and no later than within fourteen days from the date on which the Seller received the returned Products.
To refund the payment, the Seller will use the same method which the Consumer used to make the original transaction, unless another method has been expressly asked for and agreed with the Consumer and under no circumstances will the Consumer be charged any fees as a result of this refund.
7.6. The Consumer is responsible for the decreased value of the Product(s) resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the Product(s).
Therefore, should the returned Product(s) prove to be damaged (e.g. with signs of use, , scratches, deformation, etc.), with parts or accessories missing (this also refers to labels, tags and Certificate which must be unaltered and attached to the Product), without relative instructions/notes/manuals, original packaging and wrapping, the Consumer shall be responsible for the decreased value of the Product(s) and shall be entitled to a refund of the residual value of the Product. To this end, therefore, the Consumer is invited to not handle the Product(s) more than is strictly necessary for establishing the nature and the characteristics of the same and to cover the original wrapping of the Product(s) with further protective packaging to preserve and protect during transport, also from writing or labels.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The purchaser declares that he or she is informed that all the brands, names and any other distinctive mark, denomination, image, photo, writing or graphics used on the Website or relative to the Products are and remain the exclusive property of the Owner, without access to the Website and/or purchase of the Products entitling the purchaser to any right to the same.
8.2. The content of this Website may not be reproduced, wholly or in part, transferred either electronically or conventionally, modified or used for any purpose without prior written consent from the Owner.
9. APPLICABLE LAW AND PLACE OF JURISDICTION
9.1. These General Conditions and any sales contract agreed between the Seller and purchasers in compliance with these General Conditions shall be governed by and construed in accordance with Belgian laws with specific reference to Book VI of the Belgian Code of Economic Law regarding Consumers rights and protection.
This will not prejudice any rights attributed to Consumers by binding legislative provisions in force in the country of the latter.
9.2. Sole jurisdiction for all disputes arising from this contractual relationship shall be held by the competent court of law for Antwerp, Belgium. The Seller is, however, entitled to file a lawsuit in the Consumer‘s general