Conditions d'utilisation
1. Presentation
- SINGULA , a company having its registered office at Rue des Anciens Étangs 40 - 1090 - Belgium and registered with the company number 0752.888.165 (the "Company")
- Service: the provision of jewelry, apparel and accessories (the "Service")
- Website: www.singula-store.com (the "Website")
2. Formation
- 1. These terms and conditions (the "Terms and Conditions") apply to the agreement (the "Agreement") entered into between the Company and the customer (the "Customer") and through which the Company provides the Customer with the Service. The Company and the Customer are individually referred to as a "party" and collectively as the "parties" to the Agreement.
- 2. All publicly displayed pricing and features of the Service (e.g. online or on informative brochures) are provided for information purposes only. Only the pricing and features included in the offer communicated to the Customer may be binding to the Company.
- 3. The Customer accepts the offer for the Service, as the case may be, by accepting in writing or by sending back a signed purchase order issued by the Company or by confirming in writing to the Company (including by email or through a webshop interface) that the Customer subscribes to the offer for the Service.
- 4. By accepting the offer, the Agreement enters into force, the Customer consents to the application of the Terms and Conditions and waives the application of any conflicting provisions of any purchaser terms and conditions or any other document emanating from the Customer which, in the absence of this article, would conflict with the Terms and Conditions. However, the provisions that would be applicable by virtue of mandatory legal rules to which the Customer is subject (such as, for example, public procurement rules) prevail over the provisions of the Terms and Conditions.
3. Service
- 1. The Company undertakes to use its best efforts corresponding at least to what the Customer is entitled to expect from a professional in the field to provide the Service with quality and speed.
4. Intellectual Property
- 1. The Customer acknowledges that all elements made available by the Company to the Customer (e.g. texts, images, photos, logos, databases, [the functionalities and interface of the Website], etc.) may be protected by one or more intellectual property rights (including copyright, trademark rights and rights related to the production of databases) of which the Company is the holder. The Customer must refrain from using or reproducing these elements and deleting or adapting any references to associated intellectual property rights.
5. Pricing
- 1. In exchange for the use of the Service, the Customer pays the Company the price set out in the offer accepted by the Customer. The price must, unless otherwise specified, be considered as expressed in euros (EUR) and inclusive of value added tax (VAT).
- 2. The price is set, as the case may be, on a fixed basis, on a periodic basis (annually, monthly, etc.) or on a per-use or per-delivery basis. The price may, where applicable, detail other costs related to the use of the Service (such as, for example, delivery costs, packaging costs, transportation costs, installation costs, etc.).
6. Payment and invoicing
- 1. The Company issues an invoice and communicates the invoice to the Customer. The Customer must pay the elements of the invoice, as the case may be, immediately (through credit card payment, SEPA payment or other online payment facility) or at the latest before the due date (which is set to thirty (30) days after the date of issue, unless otherwise specified on the invoice).
7. Liability
- 1. To the extent permitted by applicable law (and in particular without prejudice to the Company's liability in the event of the death of or personal injury to the Customer resulting from an act or omission of the Company):
- the Company does not incur any other warranty or liability than those expressly set forth in the Terms and Conditions;
- the Company may only be held liable to the Customer for its wilful misconduct, serious misconduct or that of its employees or, except in cases of force majeure, for any failure to fulfil the essential obligations set out the Agreement;
- if the Company were to be held liable, the Company would only be liable for direct damages and may not be held liable for indirect damages suffered by the Customer, its representatives or other persons concerned, occurring in the context of the execution of the Agreement including e.g. loss of income, loss of profits, loss or compromission of data, loss of customers, loss of turnover, loss of reputation or loss of future revenues, whether or not the Company has been informed of the possibility of the occurrence of such damages;
- if the Company were to be held liable, the total liability of the Company to the Customer under the Agreement may not exceed the price paid by the Customer for the part of the Service for which the Company is liable during the twelve (12) months preceding the occurrence of the damage.
8. Terms of guarantee and after-sales service
Any manufacture, regardless of the care, attention or quality of the materials used involves, despite rigorous control, risks of manufacturing imperfections that require appropriate treatment. Singula has published for this purpose and to meet the needs of its customers, the charter below, allowing everyone to appreciate the extent and limits of the guarantees provided.
A) GUARANTEES:
Singula benefits from a double guarantee.
A) GUARANTEES:
Singula benefits from a double guarantee.
a) Warranty against hidden defects
This warranty is exercised under the conditions expressly defined by law and within the time limit for appeal.
In the event of a hidden defect affecting a piece of Singula, the Company undertakes to replace the item within 4 weeks of the return by the individual, provided, however, that it is a piece of jewelry still listed in the catalogue of the Brand.
Otherwise, a replacement item equivalent in value will be offered.
b) Contractual guarantees.
Singula jewels are also guaranteed by the company under the conditions specified below, for a period of six months from the date of sale, transaction made on the site.
The warranty covers any modifications, alterations, damage to the jewelry inherent to the manufacture or nature of the material used.
Are excluded from the warranty:
- Articles damaged by abuse or by a use not consistent with nature, coating, material used by the manufacturer. Contact with detergents, sea or swimming pool water, lacquer, perfumes of acidic products or any other liquids that may alter the coatings, materials or simply modify their appearance is prohibited.
- The Company reserves the right to assess, at its own discretion, whether the conditions of the contractual guarantee are met, upon receipt of the defective article.
c) Exercise of the guarantee:
Prior to and before any shipment, the individual must:
- provide proof of purchase, with date and reference. (invoice or copy of the transaction made on the site.....)
- send the article in a specially adapted envelope to avoid any damage, to the Company's head office.
d) Intervention procedures within the framework of the above guarantees:
- hidden defect: The Company will proceed with the outright replacement of the defective article within a period of fifteen days, subject to availability in stock.
Otherwise, a period of three to four weeks will be necessary
- contractual guarantee: when the Company, upon receipt of the jewel and the dated and referenced proof of purchase, has estimated that the guarantee applies, it will proceed as follows:
Repair of the item, if technically possible within a period of 3/4 weeks
Replacement of the same item, subject to availability in stock, within 3/4 weeks.
Items shipped by the private individual are at the expense of the latter who also assumes the risk of loss or damage.
The return of jewellery for which the Company will have accepted the implementation of one of the two guarantees above, will be insured by the supplier and at its expense.
B) AFTER-SALES SERVICE
The Company provides after-sales service under the restrictive conditions specified below.
This intervention is part of a long-lasting commercial relationship between the customer and the supplier intended, in the mutual interest, to facilitate the maintenance of commercial links.
Repairs are invoiced according to the extent of the damage suffered by the jewel.
A minimum charge of 25 € will be applied, including postal charges for reshipment. The sending of the item for repair supposes the acceptance, without any other formality, and the commitment of payment of the above mentioned fixed price.
If the cost exceeds the fixed price, the Company will inform, by Mail, the amount to be paid and after confirmed agreement, the jewel will be repaired.
The latter will be carried out within 3/4 weeks.
When the jewel is technically or economically irreparable, it will be scrapped or returned to the professional against payment of postal charges.
In the event of a hidden defect affecting a piece of Singula, the Company undertakes to replace the item within 4 weeks of the return by the individual, provided, however, that it is a piece of jewelry still listed in the catalogue of the Brand.
Otherwise, a replacement item equivalent in value will be offered.
b) Contractual guarantees.
Singula jewels are also guaranteed by the company under the conditions specified below, for a period of six months from the date of sale, transaction made on the site.
The warranty covers any modifications, alterations, damage to the jewelry inherent to the manufacture or nature of the material used.
Are excluded from the warranty:
- Articles damaged by abuse or by a use not consistent with nature, coating, material used by the manufacturer. Contact with detergents, sea or swimming pool water, lacquer, perfumes of acidic products or any other liquids that may alter the coatings, materials or simply modify their appearance is prohibited.
- The Company reserves the right to assess, at its own discretion, whether the conditions of the contractual guarantee are met, upon receipt of the defective article.
c) Exercise of the guarantee:
Prior to and before any shipment, the individual must:
- provide proof of purchase, with date and reference. (invoice or copy of the transaction made on the site.....)
- send the article in a specially adapted envelope to avoid any damage, to the Company's head office.
d) Intervention procedures within the framework of the above guarantees:
- hidden defect: The Company will proceed with the outright replacement of the defective article within a period of fifteen days, subject to availability in stock.
Otherwise, a period of three to four weeks will be necessary
- contractual guarantee: when the Company, upon receipt of the jewel and the dated and referenced proof of purchase, has estimated that the guarantee applies, it will proceed as follows:
Repair of the item, if technically possible within a period of 3/4 weeks
Replacement of the same item, subject to availability in stock, within 3/4 weeks.
Items shipped by the private individual are at the expense of the latter who also assumes the risk of loss or damage.
The return of jewellery for which the Company will have accepted the implementation of one of the two guarantees above, will be insured by the supplier and at its expense.
B) AFTER-SALES SERVICE
The Company provides after-sales service under the restrictive conditions specified below.
This intervention is part of a long-lasting commercial relationship between the customer and the supplier intended, in the mutual interest, to facilitate the maintenance of commercial links.
Repairs are invoiced according to the extent of the damage suffered by the jewel.
A minimum charge of 25 € will be applied, including postal charges for reshipment. The sending of the item for repair supposes the acceptance, without any other formality, and the commitment of payment of the above mentioned fixed price.
If the cost exceeds the fixed price, the Company will inform, by Mail, the amount to be paid and after confirmed agreement, the jewel will be repaired.
The latter will be carried out within 3/4 weeks.
When the jewel is technically or economically irreparable, it will be scrapped or returned to the professional against payment of postal charges.
9. Right of withdrawal
- 1. If the Company has delivered consumer goods to the Customer, the Customer will have the right to inform the Company of its intention to withdraw from the contract within 14 calendar days without giving any reason and without any additional costs other than those set forth in the Code of Economic Law (the "right of withdrawal").
- 2. If applicable, the Company shall inform the Customer that the Company has a legal exception to the right of withdrawal.
- 3. In particular, the Company may benefit from this exception if sealed goods have been unsealed after delivery and cannot be returned for reasons of hygiene or health.
- 4. The Customer will inform the Company of their wish to exercise their right of withdrawal in writing, either by means of an unambiguous statement clearly indicating the decision to withdraw, or by duly completing a legal withdrawal form.
10. Complaints
- 1. The Customer may at any time address a complaint to the Company in writing to the following address: {{email-address}}.
- 2. If the Company and the Customer are unable to reach an amicable settlement, the Customer may at any time refer the matter to the Consumer Mediation Service, at the following contact details
- Consumer Mediation service
- Boulevard du Roi Albert II 8 box 1 / Koning Albert II-laan 8 bus 1
- 1000 Brussels
- Phone: +32 2 702 52 20
- Fax: +32 2 808 71 29
- E-mail: contact@mediationconsommateur.be / contact@consumentenombudsdienst.be
- Website: https://consumerombudsman.be/en
11.Duration and end
- The Agreement is entered into at the time of acceptance of the offer by the Customer.
- Either party may terminate the Agreement by giving unambiguous notice to the other party of its intention to terminate the Agreement. The Agreement will automatically terminate at the end of a period of three (3) months from the date of the sending of the notice.
- To the extent permitted by applicable law, the Company will not refund to the Customer any amount paid by the Customer at the end of the Agreement (regardless of the cause of the end of the Agreement).
12. Modifications
- The Company reserves the right to modify at any time all or part of the provisions of the Terms and Conditions. The Company must inform the Customer by making available to the Customer the new version of the text of the Terms and Conditions. Unless otherwise indicated in the information provided to the Customer, the provisions of the new version of the Terms and Conditions will apply to the contractual relationship between the Company and the Customer on the first day of the second month following the date of the sending of the information. If the Customer objects to the application of the provisions of the new version of the Terms and Conditions, the Agreement will automatically terminate on the first day of the second month following the date of the sending of the information (it being understood that the penultimate version of the Terms and Conditions will continue to apply to the contractual relationship between the Customer and the Company until the end date of the Agreement).
13. Communications
- The parties are validly informed or notified in writing of the actions set out in the Agreement (e.g. receipt of an invoice, receipt of notice of termination of the Agreement, etc.) by email to the email address of the contact person set out in the last invoice issued by the Company, or in the absence of that, to the email address of the contact person set out in the offer, or in the absence of that, to an email address through which a party (or one of its representatives) has interacted in the context of the execution of the Agreement.
- To the extent necessary, the Customer acknowledges that the Company's invoice must be considered to have been sent to the Customer when it is communicated by email to the Customer.
14. Miscellaneous
- Any annex attached to the offer applies to the Agreement.
- Any dispute arising out of, or in connection with, the formation, interpretation, execution or termination of the Agreement will be settled in accordance with Belgian law and will be submitted to the exclusive jurisdiction of the competent court competent for the district where the Company's registered office is located, or, as the case may be, and at the option of the Customer, at the competent court of the Customer's place of residence.