Terms and conditions

Blue Sapphire - Adam Van de Voorde 
Beukenstraat 7,
9255 Buggenhout 
Belgium 
Cell phone: +32 474. 44.17.37 
Company number: 0550.647.125 
VAT number: BE0550.647.125

Article 1: General provisions
The General Terms and Conditions apply to all agreements relating to online orders between Blue Sapphire and the customer (private individuals only). Unless otherwise agreed, only these General Terms and Conditions apply to other general terms and conditions. Blue Sapphire has the right to make adjustments to the General Terms and Conditions at any time and to change the content of its website without prior notice or notification. Any purchase after the change, implies an acceptance by the customer of these new conditions.
Blue Sapphire's e-commerce website (hereinafter also referred to as 'BS') offers its customers the opportunity to purchase the products from its webshop online.
The current General Terms and Conditions ("Terms and Conditions") apply to any order placed by the visitor to this e-commerce website ("Customer"). Placing an order through Blue Sapphire's webshop implies that the Customer has consulted these Terms and Conditions and has expressly accepted the applicability of these Terms and Conditions, without this acceptance being subject to a condition of a written signature. 

Article 2: Offer
Despite the fact that the online catalog and the e-commerce website are created with the greatest possible care, it is possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind BS. BS is in no case liable in case of deviations in color, shape, material errors in typesetting or printing errors.
The offer always applies as long as stocks last and can at all times be adjusted or withdrawn by BS. BS can not be held liable for the unavailability of a product.  

Article 3: Price
All mentioned prices are expressed in Euro, always including VAT and all other taxes or duties to be borne by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately. The indication of price refers exclusively to the articles as described verbatim. The accompanying photographs are intended for decorative purposes and may contain elements that are not included in the price. 
 
Article 4: Online purchases 
The customer can use the online catalog to view and compare the articles. The articles can be placed in a virtual shopping bag. After possibly creating an account, the customer can order the contents of the shopping bag and pay with a payment method of his choice.
The customer has the choice between the following payment methods:
- bank transfer, Bancontact/ MisterCash, Ideal, in exceptional cases upon delivery by us, cash is possible.
BS is entitled to refuse an order (in writing), due to a serious shortcoming of the Customer with regard to the order or any other order or agreement in which the Customer is involved. 
 
Article 5: Delivery and execution of the agreement 
Items ordered through this webshop are delivered in Europe or by mutual agreement otherwise stipulated. 
Delivery is done by Bpost, PostNL or another courier service. 

Unless otherwise agreed, the goods will be delivered to the Customer's place of residence within 5 working days after receipt of payment. This applies to goods that are in stock at BS at the time of ordering. If the goods are not in stock, and must therefore be ordered from an external supplier, BS does not commit itself to a certain delivery period. 

Any visible damage and/or qualitative failure of an item or any other failure in delivery must be reported immediately by the Customer to Blue Sapphire.
The risk of loss or damage shall pass to the Customer as soon as he - or a third party designated by him who is not the carrier - has taken physical possession of the goods. However, the risk shall already pass to the Client upon delivery to the carrier if the carrier has been instructed by the Client to transport the goods and this choice was not offered by BS. 
 
Article 6: Term of renunciation and return 
The provisions of this article only apply to Customers who, in their capacity as consumers, purchased articles online from Blue Sapphire.
The Customer has the right to revoke the contract within a period of 14 calendar days without giving reasons. The revocation period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the goods. 

In order to exercise the right of revocation, the Client must inform Blue Sapphire by e-mail. An email will be sent to you with a return form attached. This must be completed and returned to you together with the goods. The Customer will bear the costs of returning the products. 

The Customer will be on time if he returns the goods before the deadline has expired. 
Only items that are in their original and undamaged packaging (except for gift wrapping), together with all accessories, instructions for use and invoice or proof of purchase can be returned. 

Will in no case be taken back:
*Used, soiled, damaged or incomplete items.
*items whose packaging (or part thereof) has been opened.
*items made to measure for the Customer.
*items that cannot be returned due to their nature.
*earrings for hygienic reasons.

In the event that the returned product has in any way diminished in value, BS reserves the right to hold the Customer liable and to claim damages for any diminished value of the goods resulting from the use of the goods by the Customer beyond what is necessary to determine the nature, characteristics and operation of the goods.
In the event that the Customer withdraws from the contract, BS shall only reimburse the Customer - within a maximum of 14 calendar days - once the goods have been received and approved. If not all goods have been received, BS will wait with the refund until all goods have been received. 

Blue Sapphire will reimburse the Customer by bank transfer to account unless otherwise agreed between them. Under no circumstances will any costs be charged for this refund.
 
Article 7: Impairment of validity and non renunciation
The invalidity, illegality or nullity of any provision of these Terms and Conditions shall in no way affect the validity, legality and enforceability of the other provisions. 
 
Article 8: Retention of title and non-payment
The delivered items remain the exclusive property of Blue Sapphire until the moment of full payment by the Customer. The Customer undertakes to inform third parties of BS's retention of title if necessary.
Without prejudice to the exercise of any other rights available to BS, the Client will, in the event of non-payment or late payment from the date of the default, automatically and without notice of default, owe interest of 15% per annum on the unpaid amount. In addition, the Customer shall automatically and without formal notice owe a fixed indemnity of 15% on the amount in question, with a minimum of EUR 30 per invoice. Without prejudice to the foregoing, BS reserves the right to take back items that have not (fully) been paid for. 
 
Article 9: Warranty
Under the Act of September 21, 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to benefit from the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact Blue Sapphire Customer Service and return the item to BS at his expense.
If a defect is found, the Customer must inform BS as soon as possible. In any event, any defect must be reported by the Customer within a period of 1 month of its discovery. After that period, any right to repair or replacement expires.
The (commercial and/or legal) warranty shall never apply to defects arising as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance or any other abnormal or incorrect use.
Nor does it apply to articles with a shorter lifespan or wear and tear.
The warranty is non-transferable. 
 
Article 10: Privacy
The data controller, Blue Sapphire, respects the Belgian law of 8 December 1992 relating to the protection of privacy in the processing of personal data.
The personal data you provide will only be used for the following purposes:
the execution of the concluded contract, the processing of the order, the sending of newsletters, advertising and/or marketing purposes.
You have a legal right of access and possible correction of your personal data. Subject to proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge by means of a written, dated and signed request to BS - this can be done by e-mail or by post. If necessary, you can also ask to correct data that are incorrect, incomplete or irrelevant.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
The Customer is responsible for keeping his login data confidential and the use of his password. Your password is stored encrypted, so BS has no access to your password.
BS keeps online (anonymous) visitor statistics to be able to see which pages of the website are visited and to what extent.
For a more detailed privacy statement, please see our privacy statement. 

Article 11: Customer service and complaints
Blue Sapphire can be reached on +32 (0)474.44.17.37, via the contact page or by post at the following address: Beukenstraat 7, 9255 Buggenhout.
Any visible damage and/or qualitative shortcoming of an article or any other shortcoming in the delivery must be reported immediately, under penalty of forfeiture of any right, to the customer service department via: bluesapphire@outlook.be
Possible complaints can be directed to this. BS commits itself to handle all complaints as soon as possible. 

Article 12: Use of cookies
During a visit to the website, 'cookies' may be placed on your computer's hard drive. A cookie is a text file that is placed by a website's server in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
First party cookies are technical cookies that are used by the site visited and that are intended to allow the website to function optimally. For example: settings made by the user during previous visits to the site or a pre-filled form with data that the user has made during previous visits.
Third party cookies' are cookies that do not originate from the website itself, but from third parties, for example: an existing marketing or advertising plug-in. For example: cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission - this can be done via a bar at the bottom or at the top of the website, with reference to this policy, which does not, however, prevent further surfing on the website.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly or that you will not be able to use certain applications.
By using our website, you agree to our use of cookies. 
  
Article 13: Proof
The Customer accepts that electronic communications and backups may serve as evidence.  

Article 14: Applicable law - Competent judge  
Belgian law applies, with the exception of the provisions of private international law on applicable law and of the Rome I Regulation on international sales contracts relating to movable property. In case of any disputes, the courts of Dendermonde have exclusive jurisdiction. 





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