Terms & conditions
Terms and Conditions
Article 1: General provisions
The online web shop of AnnaCréation.be, a limited partnership with registered office at 1950 Kraainem, Heilige Dominicuslaan 5 (Belgium), and with company number BE 0842969887 (hereinafter 'AnnaCréation.be'), allows its customers to purchase earrings and jewellery online. These Terms and Conditions apply to all products and to every purchase made by the customer on AnnaCréation.be’s web shop.
The customer declares to have read and approved these Terms and Conditions prior to placing an order. The customer therefore accepts these Terms and Conditions by placing the order. Parties can only depart from these Terms and Conditions in writing.
The customer agrees that these Terms and Conditions are solely applicable. The customer’s general or specific terms and conditions do not apply, even if they provide otherwise.
Article 2: Prices
All prices mentioned on the web shop include VAT. Transport, booking or administrative costs (if any) are mentioned separately.
AnnaCréation.be can modify its prices at any time. An order placed via the web shop is subject to the price applicable at the time the order is placed.
The price only refers to the products as described verbatim. The accompanying picture has a merely decorative purpose and can contain elements or products that are not included in the price.
Article 3: Offer
Each offer is only available to customers established in the European Union. The products are for private use only.
Although the website is created with the utmost care, it is possible that the available information is incomplete, contains errors or is not up-to-date.
If you have specific questions regarding for example sizes, colours, availability, delivery period and/or methods, we advise you to contact our customer service department in advance (see Article 12).
AnnaCréation.be makes every effort to ensure that the information is exact, up-to-date and complete but does not guarantee a result. AnnaCréation.be is not liable for material errors, typos or printing errors.
The offer is subject to the available stocks and can be modified or revoked by AnnaCréation.be at any time.
AnnaCréation.be is entitled to refuse orders, modify delivery periods, split deliveries and make deliveries subject to other conditions without giving any reason.
Article 4: Online purchases
The customer can purchase products from AnnaCréation.be online.
The purchase takes place at the receipt of the confirmation e-mail by the customer. The products are delivered at the customer’s premises at the delivery date as specified in the confirmation e-mail.
The customer can choose from the following payment methods:
- PayPal (- via credit card or your PayPal account)
- bank wire transfer
If the products are not delivered within 30 calendar days, AnnaCréation.be will inform the customer by e-mail. The agreement will be considered to be annulled, unless the customer prefers otherwise. In case of annulment, AnnaCréation.be will refund possible payments within 30 calendar days.
Article 5: Property statement
Delivered products remain AnnaCréation.be’s exclusive property until full payment by the customer. If necessary, the customer agrees to inform third parties thereof, e.g. persons who intend to seize partially unpaid products.
As from the delivery, the customer will bear the risk of loss, theft and partial or complete damage to the products.
Article 6: Penalties for non payment
Without prejudice to the exercise of other rights held by AnnaCréation.be, the lack of (full) payment within 10 calendar days following the end of the withdrawal period will legally and without notice result in interests at the rate of 10% per year. In addition, a fixed compensation of 10% is due legally and without notice, with a minimum of 25 euro per invoice.
Notwithstanding the above, AnnaCréation.be reserves the right to reclaim unpaid products.
Article 7: Complaints
The customer must notify every visible damage and/or qualitative flaw of a product or any other delivery failure in writing (via e-mail) within 2 calendar days after receipt of the product. In case of complaints regarding orders or deliveries, AnnaCréation.be’s liability is always limited to the value of the products concerned. Nothing in these Terms and Conditions excludes AnnaCréation.be’s liability for fraud, malicious intent, serious fault, death or corporal injury.
Article 8: Guarantee
As a consumer, the customer has legal rights in accordance with Article 1649bis and following of the Civil Code. Each product is covered by a two year legal guarantee as from the date of delivery to the first owner.
During this period AnnaCréation.be agrees to replace or repair the defective product (or part of it) free of charge. AnnaCréation.be reserves the right to change the product if the repair and/or administrative costs are disproportionate, or if the product cannot be repaired.
The customer must report every flaw to AnnaCréation.be by e-mail within 2 months after detection of the flaw. After this period, every right to repair or exchange expires.
These rights will not be affected by any commercial guarantee.
The customer must be able to show a proof of purchase in order to invoke the guarantee.
The guarantee never applies to flaws resulting from accidents, negligence, falls, abnormal or incorrect usage, use of the product contrary to the purpose it is intended for, non-compliance with the instructions or manual, changes or modifications to the product, hard-handed usage, bad maintenance.
The guarantee does not apply to products with a shorter lifespan or subject to wear.
Flaws that show after 6 months following the delivery will be considered not to have existed at the time of delivery, unless the customer provides proof to the contrary.
The guarantee is non-transferable.
Article 9: Withdrawal period
The consumer is entitled to inform AnnaCréation.be that he withdraws from the purchase, without penalty and without giving any reason within 14 calendar days from the day following the delivery of the product.
Customers who wish to withdraw from the purchase must contact AnnaCréation.be’s customer service within 14 calendar days from the day following the delivery. The customer must return the product or the products to AnnaCréation.be at his own expense within 7 calendar days from the notification of the withdrawal.
The customer can only return products in their original and undamaged packaging, together with all accessories and (a copy of) the invoice or proof of purchase. In case of withdrawal in accordance with these Terms and Conditions, the price of the product must not be paid. If the price has already been paid, AnnaCréation.be will refund it within 30 calendar days following the notification of the withdrawal.
Cannot be returned:
- used, dirty, damaged or incomplete products
- products of which the packaging (or a part thereof) has been opened
- products made as per the customer’s specifications
- products that by their nature cannot be returned
Article 10: Privacy
By using the webshop you provide certain personal data to AnnaCréation.be, such as your name, address and e-mail address. AnnaCréation.be only uses your data to carry out your order and to send you information regarding AnnaCréation.be. If you also wish to receive information by e-mail, please provide us with your e-mail address.
We consider your data to be confidential information and will never communicate it to third parties. You can access, correct and modify your data free of charge or have it deleted, and you can refuse AnnaCréation.be’s future use of your data to send you information. You can do so in writing (by e-mail).
The customer is responsible for maintaining the confidentiality of his login data and the use of his password.
Article 11: Validity – Waiver of rights
If any provision of these Terms and Conditions is found to be invalid, unlawful or null and void, this will not affect the validity, legality and application of the other provisions.
Any failure by AnnaCréation.be in exercising a right resulting from these Terms and Conditions shall not be construed as an abandonment thereof and will never affect the validity of these rights.
Article 12: Customer service department
AnnaCréation.be’s customer service department can be contacted by e-mail: email@example.com and by phone on +32 494 30 89 06.
Article 13: Modification
These Terms and Conditions can be supplemented by other terms. In case of conflict, these Terms and Conditions prevail, unless expressly provided otherwise.
AnnaCréation.be can modify these Terms and Conditions at any time without further notice. By purchasing a product after the modification, the customer accepts these modifications.
Article 14: Proof
De customer accepts the use of electronic communications and back-ups as evidence.
Article 15: Web Shop
The website may be used only for personal and private purposes. The content and structure of this website, including the trade marks, logo’s, drawings, data, product- or company names, texts, images etc. are protected by intellectual rights and are the property of AnnaCréation.be or third party rightholders. The website may not be (completely or partially) downloaded, printed or saved and/or reproduced in any other manner, unless with the prior and written approval of AnnaCréation.be. The customer will not use this website nor the information on this website in an illegal, unlawful manner and will not perform any act which could damage, transform, disrupt or stop this website or render it less efficient.
AnnaCréation.be does not guarantee the proper functioning of the website and cannot be held liable for any direct or indirect damage resulting from the use of (the information on) this website, or from an improper functioning or temporary unavailability thereof. Depictions and product descriptions are not binding upon AnnaCréation.be.
Article 16: Applicable law
Belgian law shall apply. The Brussels courts shall have sole jurisdiction over disputes.