TERMS AND CONDITIONS FOR THWAINI.COM
Terms and Conditions for the e-commerce retailer Thwaini.com
(a) The vendor specializes in jewellery and accessories, which are offered via the online shop system in THWAINI.com. These general terms and conditions apply to all acquisitions of products and services by Customer from Vendor, unless otherwise specified herein.
(b) Within these terms and conditions, a customer is defined as a private individual who enters into a transaction with the vendor for private and personal purposes only, and for no other commercial or freelance activity in which the customer may otherwise be involved. The contractor, within the meaning of these terms and conditions, is any private individual, legal body or partnership with legal entity entering into a transaction as part of their commercial or freelance activity.
(c) Any deviation from, contradiction of, or supplementation to any of the following terms and conditions will render a contract invalid, unless arranged by prior agreement between the buyer and the vendor.
(d) The right is reserved to revise these Terms at any time by amending this page. Updated terms will supersede all previous versions of the Terms.
(e) The use of the Site (including accessing, browsing or registering to use the Site) confirms an unconditional agreement to be bound by these Terms and is subject to a continued compliance with these Terms.
2. Conclusion of Contract
(a) The vendor’s offer may be subject to change at any time without the obligation of a previous notice, at the sole discretion of the Vendor. While every effort is taken to try to ensure that the colouring, design and style of the Thwaini products in the photographs displayed on the website are representative of the original products, variations may happen due to technical restrictions of colour reproduction on your computer equipment. Accordingly, Thwaini shall be under no circumstances liable for any error or inaccuracy in the photographs or graphical representations of the products displayed on the website. If you have any questions about the products, you may of course contact our Customer Service Department by email at email@example.com
(b) The confirmation of the order means the buyer’s acceptance of the wholeness of the Terms and Conditions. All orders may be made online on Thwaini website. The transaction constitutes a binding agreement to conclude a contract of purchase for the products. By clicking the link “Send order”, during the online ordering process on Thwaini website, the customer is placing a binding order for all the products contained in the shopping basket.The order could not be amended or cancelled except in the express conditions provided for in the Terms and Conditions
(c) The customer will be informed by e-mail as soon as the executed order has been received. Please note: the receipt of this first e-mail does not mean that the agreement has been concluded. The agreement is concluded by sending confirmation of the order or by the products being released for delivery.
(d) Release of the ordered products for shipment by the vendor also constitutes acceptance of the order. The vendor reserves the right to reject orders without giving any reason.
(e) The conclusion of the order will be accepted with the reservation, that in the case of improper or failed delivery to vendor, to supply none of the products or only parts of the delivery.
This applies only providing that vendor have concluded a concrete hedging transaction and are not supplied by their sub-supplier without own fault.The vendor will make every reasonable effort to procure the products. If the products cannot be procured, Thwaini will promptly refund any payment that may have already been received. If the products are unavailable or only available in part, the customer will be informed immediately.
(f) After the contract has been concluded – and if the products have been ordered electronically – the text of the contract, together with the legally binding terms and conditions, will be sent to the customer via e-mail. The data registered by the website establish the proof of the whole transactions operated between Thwaini and its customers. In case of dispute between Thwaini and one of its customers about a transaction made on the website, the data registered by Thwaini are considered as an irrefutable proof of the content transaction.
3. Retention of title and withdrawal
(a) With regard to customers: The ordered products remain the property of the vendor until full payment of the price is done
With regard to contractors: The vendor shall retain the title to the goods until the full settlement of all claims arising from an ongoing business relationship.
(b) In cases of breach of contract on the part of the customer (due, in particular, to defaulting in payment, falsification of information regarding creditworthiness, or legal settlement proceedings, or the initiation of insolvency proceedings against the customer’s property) the vendor shall be entitled to withdraw from the contract and demand the return of the goods at any time if the customer has failed to provide – or has provided only in part – payment for the products ordered.
(c) The contractor is entitled to resell the retained products in the proper course of business; but he assigns already now all debts to the vendor; the amount will be the final amount of the invoice including all costs which arose when reselling the items to the customer or to a third party. The vendor accepts the transfer. After completion of the assignment, the contractor shall be entitled to collect the claim. The vendor reserves the right to call in the demand if the contractor handles his liabilities incorrectly or delays with payment.
(d) Upon request by the customer, the vendor is obligated to release securities in so far as their realisable value exceeds the accounts receivable by us from the buyer by more than 10%. However, the vendor reserve the right to choose which securities we will release.
4. Prices and Payment
(a) Prices are subject to change. Calculation of prices is based on the price list and discounts valid on the day of delivery or service plus value added tax as stipulated by the vendor.
(b) In respect of long-distance contracts: Additional shipping charges will be applied, as indicated in the overview of shipping costs (see Shipping; Section 6 of these terms and conditions). This amount will be payable by the customer in addition to the price, including taxes, of the products ordered.
(c) The customer shall only have a right of set-off where the counterclaims have been validly established, and of the acknowledgement which the vendor does not deny. The customer may only exercise his right to refuse performance where the counterclaim arises from the same contractual relationship.
(d) In the event of any pricing error or incorrect product information due to typographical or system errors, Thwaini reserves the right to cancel any orders placed with erroneous information, with no further obligations to the customer even after the receipt of an order confirmation or shipping notice.
5. Payment options and shipping costs
(a) The customer may make payments with all major credit cards including Visa, Mastercard and American Express. PayPal and Prepayment are also accepted. The vendor reserves the right to exclude specific methods of payment.
(b) Credit card and PayPal payments are charged in American Dollar (USD) and or Euro.
(c) With regard to payment through PayPal: Customers should register with paypal.com. By choosing PayPal as payment method, the Customer has agreed to PayPal Terms in the absence of any other agreement, or if not otherwise stated in the product description, the products will be delivered as soon as the total amount has been completely credited to the vendor’s PayPal account.
(d) Shipping costs are calculated as the sum total of the vendor’s delivery fees. Further details can be found under Shipping Costs.
(a) Unless stated otherwise, all prices exclude Tax (where applicable) and exclude shipping costs. Shipping and delivery is free of charge . Please note that international customs duties should be taken into account as they may cause shipping fees to vary. Moreover, in the case of the returned products, the vendor reserve the right to charge the customer a fee of $25 for the shipment, if the return doesn’t meet the the requirements stated exactly in Return Policy.
(b) In case of unavailability of a Thwaini product after ordering the vendor will order the selected products as quickly as possible, inform the customer without delay, and indicate the probable delivery date. To help speed up delivery, these products are marked by using a traffic light system. The products marked by delivery time in green means that they are available in stock and/or can be produced in a short time.
(c) The vendor reserves the right – if circumstances dictate – to deliver consignments of products in separate parts. In such cases, the best interests of the customer will be taken into careful consideration, and no additional costs will be incurred
7. Transfer of risk
(a) With regard to the customer: The customer is responsible to check the delivered product(s) immediately upon delivery to determine compliance with the order. If there is any discrepancy, the customer should not accept the package and should describe any defects (i.e. evidence of tampering, damaged product, missing products or items, or products different than those ordered and/or indicated in the shipment document) in writing directly on the statement taken by carrier. Keep in mind that the risk of accidental loss of, or accidental damage to, the object purchased – including during forwarded transactions – is transferred to the customer the moment the object is handed over.
(b) With regard to contractors: The risk of accidental loss of, or damage to, the products is transferred to the contractor upon handover, or, in the case of forwarded transactions, when the products are handed over to the carrier, freight, or to any other party charged with executing the shipment.
A refusal by either the customer or the contractor to accept delivery of the object will, nevertheless, be regarded as a handover.
(c) After the process of placing your order including the product detail page and checkout page, the product price indicated in the confirmation e-mail you will receive does not include the “custom fees” (if any) applied on exports and imports in your country. Placing an order confirms an unconditional agreement to the term that the customer is responsible for paying any additional fees.
8. Consumer’s right of withdrawal
(a) Cancellation Policy
(i)If the vendor cannot meet the preliminary delivery date, he shall inform the customer in due time. In case of disruptions to the business operations of the vendor, which he is not responsible for, or disruptions to subcontractors, the delivery time shall be extended in accordance with the length of the disruption. The customer has the right to withdraw from the contract without giving reasons, by returning the products and submitting Return Order Form to the vendor within a period of 60 days after receiving the products if the conditions in Return Policy are met. However, exceptions apply to the products which have been produced according to customer specifications or which have been tailored to a customer’s specific requirements.
(ii)The period begins upon receipt by the vendor of the customer’s written instructions to cancel the order (in the case of a single order being delivered in a number of separate parts, the period does not begin until receipt of the first part of the delivery) and not before vendor have met their information responsibilities and other legal obligations a. For the withdrawal to be carried out without delay, it is sufficient to send your request, and the products within the given time
The withdrawal should be addressed to:
Simonsstraat 4, 2018 – Antwerpen
(b) Consequences of withdrawal:
(i) To conclude a successful withdrawal, any products or funds which have changed hands between the two parties in the course of the transaction must be returned, and any benefits gained (e.g. interest) are to be handed over. Should the customer be unable to return the products, or be able to return only part of them, or return them in a damaged condition, the customer will be obliged to compensate the vendor for the full replacement value of the products, if the customer used the purchased item contrary to the good faith, or personal profit in an incompatible way and will not affect the validity and effectiveness of the right to revoke compromised. No compensation will be demanded for products which have been used for the purpose for which they are intended.
(ii) The cost of return shipment must be charged by the customer. The vendor cannot accept the return shipment in case the package is unstamped or insufficiently stamped.
The vendor must start processing the customer’s return within 2 – 4 business days after receiving the product. The vendor will arrange for items which cannot be sent by post to have them collected.
The vendor must meet obligations to refund payments within 30 days of the declaration of withdrawal being sent, or within 30 days after the products being returned. The vendor has sole discretion in determining whether the products are in original condition when returned to Thwaini. The vendor shall not be responsible or liable if any products the customer wishes to return is lost, misdirected or delivered late; therefore the customer has to bear the risks of the shipping chosen.
(iii) The right of return does not apply to the following products :
Products that have been produced to customer specifications or tailored to specific requirements, are not suitable for sending back.
(a) If a customer is a physical person, that is placing a private order with without intentions allocable to a commercial or self-employed business purpose, then he/she is a consumer and therefore entitled to the general right of revocation and return as specified below.
In exercising the right of withdrawal in accordance with Section 8 of these terms and conditions, the customer is obligated to return the products in their original condition and packaging.
(b)The withdrawal can be processed only if the products are not engraved and do not include any customization and/or specifications.
(a) Products supplied may vary slightly from the products as depicted on the internet as far as is reasonable and the customer is accepted to check the information of the product accurately in advance before confirming the order (see Section 2 / a of the Terms and Conditions).
(b) The vendor can initially choose between demanding warranty through subsequent fulfilment through repair or replacement delivery. The vendor is entitled to refuse the chosen type of fulfilment if it is only achievable at an unreasonable cost and if the other type of fulfilment does not bring considerable disadvantages to the customer.
In the case of contractors, the vendor will choose initially a remedy or replacement for our warranty on deficiencies on the product.
(c) If the subsequent performance fails, the customer may generally demand either a reduction in the remuneration or cancellation of the agreement (withdrawal). In the case of minor defects, the customer shall have no right of rescission-considering their mutual interests. In all cases of claims for damages against the contract partner, instead of the performance of the delivery or service the customer shall demand compensation for wasted expenditure which are entered into by the customer in reliance on receipt and which the customer is allowed to make. If the customer claims for compensation of damages, the limitation of liability in Section 11/a of these terms and conditions applies.
(d) The Customer’s rights in the event of defects require that the customer has properly met his examination and notification obligations. Contractors, in particular, are required to report obvious defects in products supplied as soon as possible within two weeks of receiving the products; failure to do so will render the warranty invalid. Punctual dispatch of the defective products, or prompt notification that the products are defective, will be accepted as a valid claim as long as this is done prior to the deadline. The contractor is responsible for making all the necessary notifications and, in particular, for noting details of the defects and the date on which they occurred, and for reporting the damage in a timely manner.
(e) If the buyer is a contractor, the manufacturer’s trade description of the product shall be the only criteria for establishing whether the quality of the products meets with the required standards. No other public statements, testimonials or advertising by the manufacturer will be acceptable as contractually binding descriptions of the products.
(f) The warranty period for the customer is 2 years after delivery of the products. That two years warranty period does not apply if the customer is intentionally or grossly negligent in taking due care of the products. The above liability restrictions do not apply in the case of losses arising from fatality, physical injury or damage to health.
(g) The vendor does not make any legally binding guarantees with the customer unless otherwise expressly agreed. Manufacturer`s guarantees remain unaffected.
11. Limitation of Liability
(a) In the case of slightly negligent breaches of obligation the vendor’s liability and the liability of the sub-contractors shall be limited to the foreseeable, contract-typical, immediate average damage with regard to the type of product. This shall also apply in cases of minor infringements of obligations by the vendor’s legal representatives or agents. The vendor shall not be liable in cases of ordinary negligent breaches of other contractual obligations. The vendor shall be liable for the violation of the contractually legal positions of the customer. Contractually legal positions are those which the contract is obliged to grant to the signatory in order to his whole purpose. The vendor shall also be liable for any infringement of these obligations which enable the realisation of the contract according to the rules in the first place and on whose observance the user regularly trusts.
(a) Customer data is stored and processed by the vendor in accordance with the relevant regulations of the Data Protection Act and the Telemedia Act
(b) The customer agrees that his personal data may be collected, processed and used by the vendor in order to carry out normal business services. The vendor will not share personal customer information with any third parties with the exception of the vendor’s service partners who require the data in order to process contracts. In these cases, the volume of data transmitted is limited to the necessary minimum.
13. Amendment to the General Terms and Conditions
(a) The vendor reserves the right to change these General Terms and Conditions at any time by giving customers a minimum of 2 weeks notice prior to the changes coming into effect. This prior notification will take the form of the publication of the modified General Terms and Conditions on the Thwaini.com website, stating the date on which the changes will come into force.
(b) If the customer does not register his or her opposition to the changes within 2 weeks of their publication, the amended terms and conditions will be considered accepted. Please Note: The 2 weeks notification period will be strictly adhered to.
14. Final provisions
(a)The law of the Kingdom of Belgium applies, with the exception of the UN law of purchase. For customers who do not enter into the contract for professional or commercial purposes, these laws apply only if the protection granted by the mandatory provisions of the laws of the state in which the customer habitually resides is not withdrawn.
(b) If the customer is a businessperson, a legal entity under public law, or public special assets, the exclusive place of jurisdiction in the eventuality of a contractual dispute is the competent court in the territory of the vendor’s place of business, unless an alternative jurisdiction is agreed upon. The vendor also reserves the right to sue the contractor at his residence or place of business court.