In case of purchase of diamond jewellery, we refer to the terms and conditions as mentioned on the site www.baunat.com. For more details, click here. In case of purchase of (loose) diamonds for investment purposes, the terms of www.baunat.com are not applicable because it does not regard diamond jewellery neither an online purchase. In this case it regards a sale-purchase transaction (with Baunat Nv as the selling party), with the general conditions of www.baunatdiamond.cn (as mentioned below) being applicable.
Use of the website
These General Conditions apply to the website www.baunatdiamond.cn. By using this website you commit yourself (hereafter the client) to accept and to respect these general conditions.
Purchase at BAUNAT
Moreover these general conditions apply to all contracts concluded with BAUNAT N.V. in case of purchase of (loose) diamonds for investment purposes. They contain all mutual rights and obligations between the client and BAUNAT N.V.
The client declares that previously to the conclusion of any contract (regarding loose diamonds) with BAUNAT N.V., he/she took notice of the general conditions (as published on the website www.baunatdiamond.cn) of BAUNAT N.V. and declares expressly to accept them. This declaration of acknowledgement and acceptance is automatically done from the moment of agreement with the offer and the subsequent payment (or deposit) of the agreed amount and will be formalized by an electronic confirmation or by signing on the bottom of the invoice.
This website has been created and is managed by BAUNAT N.V., Schupstraat 21, bus 5, 2018 Antwerpen, België, KBO 0899.153.574, RPR Antwerpen.
Article 1. DEFINITIONS, SCOPE OF APPLICATION AND OBJECT
BAUNAT N.V.:BAUNAT N.V., with company seat at 2018 ANTWERPEN, Schupstraat 21, Bus 5, KBO 0899.153.574, RPR Antwerpen, acting under the commercial brands BAUNAT & www.baunat.com & www.baunatdiamond.cn
any natural person or person created by law who enters into a contractual relation of any type with BAUNAT
any person/party who accedes to the BAUNAT N.V. website and who has or not a contractual relation with
any natural person, a person or party created by law, or a factual association;
the object of one or more contracts;
the mere indication of a product price never contains a final offer. It can never be a source of rights for the client.
1.2. Scope of application
Unless expressly agreed otherwise in a written form, no derogations to the present general conditions will be accepted. All clauses which were no subject to derogation will remain fully in force.
General & Billing Conditions of the client
The client's own general and/or billing conditions will never apply to the contracts concluded with BAUNAT N.V.
BAUNAT N.V.'s products are sold worldwide.
1.3. Stocks, offers, availability, mistakes, clerical errors & comprehensive information provision
The product price mentioned by BAUNAT N.V. does not imply a definite price offer. Clients' expression of his intention to purchase a product is not enough to conclude a contract with BAUNAT N.V. BAUNAT N.V. will never be able to guarantee that she can supply the product that the client is willing to buy. The client can always contact (by phone or mail) BAUNAT N.V. to verify the availability of a product.
BAUNAT N.V. will do its utmost best to manufacture and/or deliver the ordered products. In case of unavailability of the product (also taking into account the agreed delivery terms) or (sudden) extreme price fluctuations, and even if the (potential) client has transferred money to BAUNAT by cash, wire transfer or via credit card (hereby unconditionally endorsing its intention to purchase), this does not bind BAUNAT to deliver and BAUNAT can still decide to repay the same sum. Of course BAUNAT commits itself to communicate as soon as possible the reason of repayment.
When the price of a product, mentioned in the offer or a quotation, is different from the real price, a representative of BAUNAT N.V. will contact the client, before expedition of the purchased product, in order to leave him the possibility to either pay the price difference, or to renounce the purchase. BAUNAT N.V. apologizes for the troubles which could be caused by this exceptional event.
Information, pictures, descriptions on the website of BAUNAT N.V. or the information given by email, by chatcommunication - and/or by phone are as precise as possible. But BAUNAT N.V. cannot be held liable for mistakes, clerical errors, erroneous mentions or lack of information. When the client faces unclear information he can always contact a representative of BAUNAT N.V. Contact data of BAUNAT N.V. are mentioned in the present General Conditions and on the website or with a tailor-made price quotation/offer.
In principle, our offer on is meant for B2B clients, starting with packages of € 200.000,00.
Finally, the client expressly & unconditionally declares – by means of his purchase – having been comprehensively informed by the BAUNAT experts about all possible aspects regarding diamonds and their intrinsic investment value, including the fact that diamonds - like any other investment alternative – are not immune to price decreases. These price decreases can be triggered by severe economic crises (click here for more information about the crisis resistance of diamonds), or by periods of temporary oversupply within (a) specific diamond segment(s).
1.4. Conclusion of the contract
Previous to the conclusion(s) of any contract between a client and BAUNAT N.V., the client will be asked to define his specific product requirements. Based on these requirements, BAUNAT NV will make a comprehensible price quotation, with mentioning of the price, product characteristics and additional transactional terms (delivery terms, used certificate, etcetera). This offer will also include a validity period.
Each offer of BAUNAT N.V. is conditional. Each offer has a validity time, starting from the moment that BAUNAT N.V. forwards the offer to the client. Provided that no contract has been concluded and/or that BAUNAT N.V. did not receive any payment, nor any confirmation of payment (by bank transfer), the offer will be lapsed, notwithstanding the right of BAUNAT N.V. to extend the running time of the offer. This means that the offer and the guaranteed price are only valid during the running time or during the extended running-time of the offer unless the product is unavailable or the product is under the influence of (sudden) extreme price fluctuations. Extension of time can only be granted expressly and in written form by BAUNAT N.V.
If the client unconditionally agrees with the offer (confirmed by mail), his intention to purchase will only transform into a valid contract (= contract conclusion) after reception of the payment on the account of BAUNAT. By this payment the client confirms his unconditional and irrevocable commitment to purchase the goods, of course under the condition that they are delivered by BAUNAT N.v. according to the agreed product requirements.
The acceptance of the general conditions of BAUNAT N.V. is automatically done from the moment of agreement with the offer and the subsequent payment of the agreed amount , and will be formalized by the effective signature of the invoice by the client, preceded by the words “read and accepted”. Unless otherwise expressly agreed by written form, the product will be paid at once and supplied by BAUNAT N.V.
Finally, in the specific case that the client has only paid a partial amount of the total purchase amount (= advance payment) and BNT Diamonds has already started the purchase of the offered diamond(s), then BNT Diamonds is entitled to unilaterally terminate the contract if the client does not pay the remaining amount of the total purchase amount within the deadlines agreed and accepted by BNT Diamonds (if no concrete date/period has been set, the latest date/period for full payment is determined from the moment BNT Diamonds notifies that the purchased diamond(s) are ready for shipment). In this specific case, BNT Diamonds is entitled to a compensation of 40% of the total purchase amount, whereby of course the partial amount already paid is non-refundable and considered part of the compensation due. Of course, BNT Diamonds is also authorized to demand and enforce execution of the purchase and thus full payment at all times.
BAUNAT also possesses showrooms. These showrooms (with exception of the showroom of Antwerp) are not to be considered as point of sales. The main purpose of these showrooms is to facilitate & guide potential clients in questions & understanding of the offering by BAUNAT NV. This can be done by guiding them through the website www.baunat.com or giving them explanation regarding the offered products. Every request from a potential client which might lead to a different price or quality as shown on www.baunat.com should be transferred to the headquarters of BAUNAT NV in Antwerp, where the final decision regarding the price of requested quality will be taken and the sale will be concluded. The Showroom staff can also show articles (who room pieces samples) to the potential client, but the client can never take them with him/her, neither them pickup in a later stage. The only point of sale where a client can pick-up a purchased article is the showroom of Antwerp. The sale will always be concluded via BAUNAT NV (www.baunat.com, owned by BAUNAT NV), who will produce, invoice & deliver/ship the purchased product to the client.
1.5. What materials & diamonds are used by BNT Diamonds?
BAUNAT only works with 18 carat gold (75% gold – alloy 'Au750') and platinum 950 (95% platinum – alloy 'Pt950').
BAUNAT only offers 100% natural diamonds. This means no lab grown, no treated, no artificial and no clarity intensified diamonds. In this regards, BAUNAT uses the most advanced tools to detect & (if) reject any diamond which is not a natural one.
BAUNAT only uses high quality diamonds in its jewels. For each piece of jewellery that holds a diamond equal to or over 0.3 carats, you receive a certificate of a recognised diamond laboratory, with a description of your stone's 4 C's. For more info, click here. The quality or carat weight of the diamond offered on the website or on the quote is the minimum that BNT Diamonds promises to deliver. BNT Diamonds is always entitled to offer a deviation of the diamond in favor of the customer (for example higher quality or weight) based on availability in the market. However, In case of after sales service (whether within warranty or not) BNT Diamonds can never be obliged to redeliver the upgrade just mentioned.
Concerning goods with a personalized character, and specifically diamonds with a quality deviating from our standard offering, BAUNAT offers its client the possibility to communicate clearly and proactively their complete list of specifications. BAUNAT composes its offer based on all information provided by the client. If BAUNAT is not able to deliver any of the specifications listed by the client it will be communicated clearly in the offer sent to the client. BAUNAT will compose its offer on the basis of the objective information listed on the diamonds certificate, hereafter named the diamond’s (?) characteristics. If the client does not clearly express a precise preference for a given diamond characteristic, the offer will be composed without taking that specific diamond characteristic into account.
BAUNAT shows and sells only diamonds that are approved by the client and prepaid (by bank wire only, no cash). As soon as BAUNAT has received a proof of the customer’s bank wire transaction, is this considered as an agreement to purchase the diamond (jewel), making this purchase irreversible.
1.6. What is BNT Diamonds’ policy towards conflict (blood) diamonds?
Conflict diamonds are diamonds that come from conflict areas, where local militia try to use diamonds to finance their activities. The Kimberley Process Certification System was set up to stop these diamonds to enter the world market by controlling the origin of diamonds from conflict areas.
The Kimberley Process is an international system that regulates diamond business in order to guarantee that they come from conflict-free areas. The Kimberley Certificate guarantees your diamond is not a 'conflict' diamond. It was determined that as from 2008, 99.9% of diamond transactions concerned non-conflict diamonds.
Obviously BAUNAT NV has a zero-tolerance policy towards conflict diamonds. We only buy diamonds through the most respected diamond manufacturers who act in line with the standards set up by the Kimberley Process.
Via this link, you find more information concerning conflict diamonds and the Kimberley Process Certification System.
Article 2. PRICES, METHODS OF PAYMENT AND PAYMENTS
BAUNAT NV guarantees best possible price quality. Therefore prices are not negotiable. Prices are in €, $, £ or CHF (and VAT, import, export charges, and other taxes excluded)
Overview of prices and transparency
BAUNAT N.V. guarantees that her product offer gives a correct and transparent overview of prices and of all elements of that price. VAT, local taxes, import and export charges and taxes, delivery costs, will be applicable in function of the place of delivery. The price indicated in the invoice of BAUNAT N.V. is due by the client.
Errors in the price offers
BAUNAT N.V. is entitled to correct errors (of manipulation), like -but not exclusively- evident mistakes, even after conclusion of the contract. BAUNAT N.V. refers -when required so- to art. 1.3. ‘Errors and mistakes and erroneous mentions'.
What do the prices include?
Prices & taxes payable to BAUNAT depend on the country of destination (= country where the purchased items have to be delivered).
Clients within the EU
Prices (payable to BAUNAT) will be increased with the appropriate VAT rate for each EU country. You can consult an overview of all VAT rates within the EU here.Clients outside the EU
Prices payable to BAUNAT remain exclusive VAT. Thus no VAT is applicable, but most countries apply on delivery a border tax and/or local taxes, which our clients have pay to the delivery courier. Baunat offers you information on border and local taxes. Click here to see our indicative tax calculator for most common non EU countries.Tax-free purchases and export outside the EU
BAUNAT offers its customers a tax-free purchases service. In this case, the customer needs to prefund Belgian VAT (21%) which will be refunded once the customer has performed exportation outside the European Union.
Refund rates for Belgian VAT (21%) at BAUNAT:
ORDER < € 2.000 VAT EXCL.
ORDER € 2.000 - € 3.000 VAT EXCL.
ORDER € 3.000 - € 5.000 VAT EXCL.
ORDER > € 5.000 VAT EXCL.
BAUNAT informs the customer about the items that the customer needs to present while passing through the customs of the European airport from where the customer will export the jewel. The customer will need to present the purchased product(s), the invoice, the passport (proving that the customer is no European resident) and the boarding pass (proving that the customer is leaving Europe).
The exportation must be performed within 3 months from the date shown on the product invoice.
The invoice must be stamped by the customs of the European airport from where the customer is performing exportation, so that the customer can claim a VAT refund from BAUNAT. The stamped invoice needs to arrive at the BAUNAT nv office no later than 2 months after the date the invoice was stamped.
BAUNAT will transfer by bankwire to the customer the corresponding VAT refund amount exclusively upon receipt of the original product invoice stamped by the customs of the European airport from where the exportation took place (the stamp will be analyzed first).
We will only accept invoices which have been stamped by the customs of the following airports:
- Zaventem (BE)
- Schiphol (NL)
- Charles de Gaulle - Roissy (FR)
- Frankfurt (DE)
- Düsseldorf (DE)
- Madrid (ES)
- Rome (IT)
For exports made from any other airport, BAUNAT can decline application of the tax refund procedure. In case BAUNAT decides to apply the refund procedure for an airport not on the list above, BAUNAT will apply an additional administrative fee of 10 % which will be deducted from the total authorized refund amount (please consult the VAT refund scheme). For example if a client is entitled a 21% refund (amount > 5000 VAT excl.), it would mean that he/she will be refunded 18,9% (= 90% x 21%).
The VAT refund is made upon receipt of a (stamped) suitable invoice for export provided by the internal accounting department of BAUNAT. The customer must clearly express his/her wish to export from the start of the order process, so that the appropriate VAT rate (21%) is applied to the tax free price, in order to determine a final VAT inclusive price. In case the customer does not communicate his/her export intention from the beginning, he/she will not be able to benefit from our VAT refund services. Therefore, the order will be subjected to the (non refundable) rate of local VAT, depending on the country of delivery.
BAUNAT will never be responsible for any mistakes coming from the customer’s side (ex. erroneous bank details) that would result in bank fees. The customer will eventually be charged for these bank fees.
BAUNAT will never take on its behalf any bank fees that may be charged by the customer’s bank. These bank fees will eventually be on behalf of the customer.
Tax-refund is performed according to the legal and European procedures prescribed by the Belgian Chamber of Commerce (142. The Article 8, 4°, of Royal Decree 18 states that the seller must establish the existence of the exportation by providing the customer with a copy of the invoice or a similar document bearing the stamp of the customs of exit from the European Community) according to which the presentation of the invoice of the purchased product (as exportation document) when passing through the customs is sufficient (in addition to the presentation of the three other items listed above - the product, the passport and the boarding pass). According to the Belgian and European law, no other documents are required.
BAUNAT will never be responsible for any type of exceptional event that would prevent the client from excercising the right to claim a VAT refund (ex. refusal of airport customs to stamp the BAUNAT invoice in case another document for exportation would be required according to any regional/national legislation, the closing of customs and impossibility for the customer to get the stamp, no reception or loss of the invoice sent by the client by the mail etc ...).
2.2. Methods of payment
The client who received, and unconditionally accepted an offer of BAUNAT N.V., according art. 1.4. of the general conditions, can pay in the following ways:
- Bank transfer (Please note that all extra bank charges need to be borne by the client. We need to receive the agreed amount NET on our account. No exceptions will be accepted.)
- Cryptocurrencies: Bitcoin (BTC), Ethereum (ETH), Bitcoin Cash (BCH), Dogecoin (DOGE) and 4 USD-pegged currencies (GUSD, USDC, PAX, BUSD)
- Visa, Mastercard, American Express, Diners Club, Maestro, Bancontact, Ideal, Paypal, Sofort Banking, Finnish E-Banking, GiroPay
- Alipay, WeChatPay, ChinaUnionPay
- Gift cheque of BAUNAT N.V.
BAUNAT N.V. can change and/or extend the payment means. These modifications and/or extensions will be communicated through the website of BAUNAT N.V.
In order to guarantee the security of on line payments and personal data of the client, the on line transactions will be encrypted by SSL technology.
When payment is done by credit card, the conditions of use of this card are determined by the card issuer. BAUNAT N.V. is not involved in the relation between the client and the card issuer. BAUNAT will never take on its behalf any bank fees that may be charged by the customer’s bank. These bank fees will eventually be on behalf of the customer.
Article 3. TERMS OF DELIVERY
3.1. In general
With ‘delivery’ we mean – unless otherwise defined – first delivery to the client in case of a purchase.
BAUNAT N.V. takes cost and insurance of the first delivery due to a purchase at her charge.
Purchased products will only be delivered by BAUNAT N.V. after payment or confirmation of payment according to art. 1.3. and 1.4. of the present general conditions.
Purchases of products of BAUNAT N.V are dispatched worldwide. BAUNAT N.V. works together with transport
companies specialized in the forwarding of valuable goods. Depending on the place of delivery, the purchased products will - in most cases - be forwarded by one of the following specialized companies: Brinks, Fed-Ex, UPS or DHL.
3.2. Term of delivery
Calculation of the term
The estimated time depends on the place of delivery and the type of product. The term of delivery mentioned in the offer is merely indicative and does not create any rights for the client. The term of delivery will be mentioned in the offer and – if required – confirmed in the order confirmation forwarded to the client.
Expedition between 10 and 20 working days
BAUNAT N.V. exerts herself to deliver the purchased products as soon as possible. A term of delivery of 10 to a
maximum of 20 working days should be taken into account by the client. This delivery term starts from the day of
reception of the payment on the account of BAUNAT.
Delay in delivery
BAUNAT N.V. exerts herself to notify delays in deliveries to the client, by mail, fax or telephone, within 24 hours.
BAUNAT strives for excellence in delivery times. Since 2008 BAUNAT has delivered > 95% of its packages in time, regardless the destination. Having said this, and although BAUNAT works with very reputed delivery partners (FedEx, UPS, DHL, Brinks, etcetera), BAUNAT can only control the ‘in-time’ shipment of a package. A delay in delivery can always happen and is therefore beyond our control. No company in the world can guarantee a 100% in time delivery. This is simply impossible as we always rely on people, regulations and governmental decisions and therefore force majeure can always happen, i.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond BAUNAT N.V.'s will and control by which BAUNAT cannot partially or totally fulfil her obligations anymore and consequently does not grant the client any right for financial compensation or cancellation of the order. Consequently, a late delivery as such does not grant the client any right for financial compensation or cancellation of the order.
In the exceptional situation of a non-delivery or loss of package, the client will receive the option to be refunded or the option of reproduction and delivery of the same diamond.
3.3. Delivery address
Purchased products will be delivered at the place mentioned by the client in his intention of purchase or in the
acceptation of the offer. Client can be asked to sign a delivery note when the purchased goods are delivered.
3.4. Follow up of shipping
When the purchased product is shipped, the client will receive a shipping reference number by email, by which he can follow up the shipment on the website of BAUNAT N.V. starting from the collection at BAUNAT N.V. BAUNAT N.V. asks the client to make a precise follow up of the shipment and to assure that he will collect himself or charge a trustful person to collect the purchased product.
Control of the shipped parcels
BAUNAT N.V. recommends her clients to check shipped parcels previous to the signature of the delivery note.
3.5. Packaging of the product
All purchased products ready to be shipped by BAUNAT N.V. are packed in a very secure and discrete way.
3.6. Insurance of the shipped product
Each shipment made by BAUNAT N.V. in case of a first delivery to a client due to a purchase is fully insured (risk-free). BAUNAT N.V. takes in this case all shipping risks at her charge. For security reasons the client can be asked to sign a delivery note when the purchased goods are delivered. BAUNAT N.V. asks the client to make a precise follow up of the shipment and to assure that he will collect himself or charge a trustful person to collect the purchased product.
Transfer of risk & property
Risks are transferred to the client once the parcel (which contains the purchased product) has been delivered at the – by the client - indicated address, even if the delivery note has been signed for reception by another recipient than the client himself/herself. The recipient is obligated to sign for reception (which is the formal prove of delivery). Delivery is finalized when the recipient signs for reception. Any alteration to this process requested by the client transfers to risk the client (e.g. when the clients specifically request or authorizes a delivery without signature).
3.7. Lack of collection of delivery
When the client fails to collect the parcel in due time, the parcel will be reshipped to BAUNAT N.V. BAUNAT N.V. will notify the client that the purchased product(s) remain(s) at his disposal at BAUNAT N.V. and will invite the client to collect the purchased product within 1 month after reshipment. The client will be entitled to collect the purchased product after payment of reshipment charges or to ask for reshipment to his address after payment of the reshipment charges to BAUNAT N.V. and reshipment charges to the (new) address of the client.
Article 4: RIGHT OF WITHDRAWAL AND REFUND
4.1. Right of withdrawal
The client has – subject to the conditions set forth in this article 4 – a legal right to withdraw from the contract (relating to the purchase of the ordered products) during a fourteen (14) day withdrawal period. This means that the client can decide, during said period, to return the ordered products, without having to provide or state any reasons for said withdrawal. This right of withdrawal applies to all standard products, offered to all (potential) BAUNAT N.V.’s clients and which can be compounded and purchased via the BNT Diamonds e-commerce “buying platform” launched on October 19th 2022 and available at https://shop.baunatdiamond.cn/.
This right of withdrawal does however not apply, in the event the products are not part of BAUNAT N.V.’s general offer to the public/potential clients but are, pursuant to a specific order placed by the client:
- tailored to/ordered on the basis of the specifications, wishes and/or requirements expressed by the client; and/or
- clearly personalized/intended for the client based on his/her individual choice, decision, specifications or instructions.
In principle this concerns all products which cannot be purchased directly on the “buying platform”, such as, without limitation, all products ordered via a personalised offer which can be submitted via the “ask quotation” function on the Baunat N.V. website available at https://www.baunatdiamond.cn/en....
4.2. Period of withdrawal
The withdrawal period referred to in clause 4.1 starts the day after the clienthas received all the products (ordered in a single order).
In the event the client wishes to exercise its right to withdraw the contract, the client will inform a representative of BAUNAT N.V. in accordance with article 4.4
4.3. Conditions for the execution of the right of withdrawal
During the withdrawal period, the client will handle the products (including all delivered accessories such as, without limitation, any (used diamond) certificates and diamond grading reports) and its packaging with due care. The client hereby acknowledges and agrees that the right to withdraw the contract is limited to the extent the products have not been used and are in exactly the same condition as he/she received them.
Without prejudice to the foregoing, the client shall only be liable for depreciation of the ordered products and any diminished value of the products resulting from handling the products in a manner which goes beyond what is necessary to inspect the products as he/she would be allowed to do in a store (i.e. in order to verify their nature and characteristics).
4.4. Modalities to exercise the right of withdrawal
To exercise his/her right of withdrawal, the customer buyer must explicitly notify BAUNAT N.V. of his/her decision to withdraw from the contract before the end of the fourteen (14) day withdrawal period (the “Notification Deadline”) by stating in a clear and unequivocal manner that he/she wishes to withdraw the contract for instance by sending an email to firstname.lastname@example.org or a letter to BAUNAT N.V.s' business seat at 2018 Antwerpen, Belgium, Schupstraat 21, box 5. The client may use the model withdrawal form (attached to these terms and conditions in Annex 1). Usage of the withdrawal form is, however, not mandatory.
In said event, the client must return the products (and all delivered accessories such as, without limitation, any (used diamond) certificates and diamond grading reports) to BAUNAT N.V. without undue delay and in any event not later than fourteen (14) days after the Notification Deadline (the “Return Deadline”). The products are returned in a timely manner if the client has returned the products before the Return Deadline has expired.
The products must be returned to BAUNAT N.V.via the same or a similar delivery service as the one via which the client initially received the products and in accordance with the instructions provided by BAUNAT N.V. to him/her upon notification of his/her decision to withdraw the contract. The client shall bear the direct costs of returning the ordered products (such as, without limitation, shipment costs, taxes and customs duties and all costs related to procedures for re-importation and re-exportation of the products, and any failure to comply with any customs procedures related to re-importation in the event the products are returned from outside the European Union). For the avoidance of doubt, BAUNAT N.V. shall never be liable for any damage – including theft or loss – incurred to the reshipped products and/or packaging due to their return. Under no circumstances BAUNAT N.V. will be responsible for the (arrangement of the) return, neither intervene in the arrangement of the insurance coverage for any returns.
We advise the client to treat the products with care, to return the products in their original packaging and to conclude sufficient insurance coverage for the duration of the shipment BAUNAT N.V. is entitled to refuse the return if this takes place outside the Notification Deadline and/or Return Deadline (as set forth in article 4.4)
If the client has executed its right of withdrawal in accordance with the above, BAUNAT N.V. shall refund all amounts paid by the client for the returned products (including any delivery costs charged, except for the supplementary costs arising from selecting a type of delivery other than the least expensive/most cost-efficient type of standard delivery offered by BAUNAT N.V.). Such refund shall be issued within a reasonable time after receipt of the products by BAUNAT N.V. or after the client has notified BAUNAT N.V. that it has returned the products (whichever arises first). The refund shall be issued – free of charge – using the same payment method used by the client for the initial transaction, unless the client has expressly agreed otherwise.
Without prejudice to the foregoing, BAUNAT N.V. reserves the right to reduce the refund, or alternatively recover any suffered losses or damages, to reflect any reduction in the value of the returned products in accordance with article 4.3. After BAUNAT N.V. has received the products in its Antwerp headquarters (cf. article 4.4), the products will be submitted to a quality control by the BAUNAT N.V. product manager. BAUNAT N.V. shall be entitled to the aforementioned refund or recovery, without limitation, if the wrong or only part of the products are returned, if the products are returned in the absence of the (original) documents and/or (used diamonds) certificates or in the event the returned products are damaged or returned in an unsuitable condition.
Article 5. DIAMONDS ON OFFER & DIAMOND CERTIFICATES
5.1. Diamonds on offer
BAUNAT only offers 100% natural diamonds. This means no treated, artificial or clarity intensified diamonds.
5.2. Used diamond certificates
BAUNAT only uses high quality diamonds. For each diamond you receive a certificate of a highly recognized diamond laboratory, with a description of your stone's 4 C's. These laboratories are in principle GIA, HRD or IGI. When a client
has specific preference in terms of certificates before purchase, BAUNAT will try to meet these. Unless specifically mentioned, BAUNAT will never guarantee this. Also will the client explicitly agree on the quality description of the diamonds as mentioned on the certificates delivered. Consequently, BAUNAT will not respond to any further arguments in this matter.
When the ‘Diamond grading report' (= certificate) has to be replaced, BAUNAT N.V. is entitled to ask the client for
payment of € 200 to cover the administrative costs.
Article 6. PERSONAL DATA
BAUNAT N.V. will treat personal data received from clients according the legal provisions concerning respect of privacy, as mentioned in her website.
Article 7. MODIFICATIONS TO THE GENERAL CONDITIONS
7.1. Publication of the modifications
BAUNAT N.V. can modify the present general conditions, the prices on the website, the product-line and its offers at any time and will notify these changes to the client on her website. These changes are applicable as soon as they are published on the website.
7.2. Acceptance of the modifications
Use of the website after the publication of the modification of the general sales conditions means the acceptance of the modified version of the general conditions. The client is requested to consult the general conditions at regular intervals.
Article 8. SETTLEMENT OF CONFLICTS, APPLICABLE LAW AND JURISDICTION
8.1. Settlement of conflicts
BAUNAT N.V. exerts herself to please her clients. When a conflict relating to the interpretation and/or the fulfillment of the contract and the present general conditions appears, the client will be invited to take contact as soon as possible with one of BAUNAT N.V.s' representatives. BAUNAT N.V. will exert herself to resolve the problems, the claims and the observations of the client in a constructive way, but always with reference to the ‘Terms & Conditions’. Furthermore, as we consider the business integrity of our staff as our highest asset, we inform that any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination towards one of BAUNAT N.V.s' representatives will not be tolerated and will directly result that the line of communication will be handed over to our specialized legal team. In this regard, we draw the attention on the fact that, as a matter of principle BAUNAT N.V. will take all necessary legal measures (including launching court procedure) in order to protect itself against any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination.
When parties were unable to resolve the conflict in an amicable way, only the Courts of the judicial district of Antwerpen are authorized. These Courts will have exclusive jurisdiction for all issues conflicts and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the parties. The language used for legal disputes will be Dutch. In order to facilitate communication with the other party, BAUNAT N.V. may decide - at its own discretion - to use the English language, but this is never to be considered as an obligation.
8.3. Applicable Law
All issues, questions and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the parties shall only be governed and construed by Belgian law. No effect shall be given to any other choice of law or to any conflict-of-law rules or provisions (Belgian, foreign or international) that would result in the appliance of another law or in the appliance of the Vienna convention concerning international sales.
Article 9. RIGHTS AND OBLIGATIONS OF THE PARTIES - LIABILTY
9.1. Liability of BAUNAT N.V.
BAUNAT N.V. waives any liability for damages to the client or to thirds caused by:
- All cases of force majeure. I.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond BAUNAT N.V.'s will and control by which BAUNAT cannot partially or totally fulfil her obligations anymore and consequently does not grant the client any right for financial compensation or cancellation of the order.
- The impossibility to establish the necessary connection to be supplied by a service, the interruption of this connection, whatever could be the reason, problems by sending and receiving services, if these problems are caused by thirds
- Delays in execution or the non-execution of services by thirds as i.e. delays in or lack of transmission by communication providers contracted by the client.
- Delays in execution or the non-execution of services by thirds contracted by the client.
- Errors in data supplied by thirds to BAUNAT N.V.;
- The recurrent unavailability of the website(s) of BAUNAT N.V. as a result of errors, omissions, interventions of thirds or technical defects, whatever their nature and/or origin.
Are i.e. contained in this provision concerning the unavailability of the website:
- Overloading of the network of the provider chosen by the client;
- Absence or neglect in maintenance of the maintenance service suppliers of BAUNAT N.V.
- All cases of force majeure. I.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond BAUNAT N.V.'s will and control by which BAUNAT cannot partially or totally fulfil her obligations anymore
- Decisions and/or obligations imposed by Belgian or foreign authorities;
- Hypertext links on which BAUNAT N.V. has no control and which give access to the website;
- Incomplete or erroneous information from third sources;
- Faults and negligence of the client himself.
Article 10. MISCELLANEOUS PROVISIONS
The social seat of BAUNAT N.V. is established at 2018 Antwerpen, België, Schupstraat 21, bus 5, KBO 0899.153.574, RPR Antwerpen.
For any questions, claims and observations concerning the services, the orders, the management, the privacy issues or the general conditions of BAUNAT N.V., please contact :
- telephone : +32 (0)3 201.24.90 (open every day from 9h till 12h and from 14h till 16h)
- fax: +32/(0)3 201.24.99
- address : BAUNAT N.V., Schupstraat 21 bus 5, 2018 Antwerpen, België
11.1. Legal information
Which private data are kept
BAUNAT N.V. does not collect private information unless provided on a voluntary basis.
By filling in & sending the order form in the website, or by sending an (e-)mail each visitor gives BAUNAT Nv the right to store these personal data in a database of BAUNAT Nv. This information might be used for automatic consumer profiling, client management, market research & direct mailing (by mail or electronic)
BAUNAT N.V. commits itself to use these data only for its service after sale or with purpose to send information. Only after pre-approval, these data will be used for direct electronic marketing. However this pre-approval will not be needed, in case BAUNAT Nv decides to use electronic contact details received via delivery of specific services or products, for direct email marketing of similar products or services. These received data can be transmitted for these purposes by BAUNAT Nv to companies which are contractually linked to BAUNAT Nv. In any case, each visitor & client has the right on insight & - if needed – to correction of the personal details as referred to, and each visitor/client has the right to object – at no cost – any processing or utilization of its personal details for marketing purposes. For this (Law of 8 September 1992) one has simply to contact the service department of BAUNAT Nv (see below point 3).
The utilization of cookies:
When visiting the site of BAUNAT N.V. automatically the so-called 'cookies' might be stored on the hard disk of your computer. Cookies are small databases with a unique identification number, which are automatically stored on the hard disk. The data received by means of cookies enables BAUNAT N.V. to:- analyze its website in order to identify & remove possible flaws;
- simplify the access to & the corresponding navigation through the website of BAUNAT N.V.;
- individualize the website according to the personal wishes & preferences of each visitor.
You can accept or reject cookies. For this you have to consult the help function of your browser. The configuration of most internet browsers enables to inform you each time use is made of cookies. As said, you can always reject these cookies, though this rejection might undermine the navigation & the functionality of the services offered by the website of BAUNAT Nv.
Finally BAUNAT N.V. can collect anonymous or aggregated data of non personal character, like there are: the browser type; the IP address; the used navigation program; or the domain name of the website by which you have transited towards the BAUNAT website, or via which you exit the BAUNAT website. BAUNAT N.V. has installed all the necessary & sufficient security measures in order to avoid the loss, the improper use or the change of information which is received on www.baunatdiamond.cn.
11.3. Questions, Complaints & Observations
- telephone : +32 (0)3 201.24.90 (open every day from 9h till 12h and from 14h till 16h)
- fax: +32/(0)3 201.24.99
- address : BAUNAT N.V., Schupstraat 21 box 5, 2018 Antwerp, Belgium
Antwerp, 22 November 2018