GENERAL CONDITIONS D&J Collection
Use of the website
These General Conditions apply to the websites http://www.djcollections.net Wherever http://www.djcollections.net is mentioned in these General Conditions, is this also applicable for all similar jewellery websites of the D&J Collection (http://www.djcollections.net, Weibo, Little Red Book, etc).
Purchase at D&J
Moreover these general conditions apply to all contracts concluded with D&J and they contain all mutual rights and obligations between the client and D&J
The client declares that previously to the conclusion of any contract with D&J, he took notice of the general conditions as published on the website http://www.djcollections.net of D&J Collection and declares expressly to accept them.
This declaration of acknowledgment and acceptance is done by the” internet client” by an electronic confirmation and by the ‘non internet client” from the moment of agreement with the offer and the subsequent payment of the agreed amount.
This website has been created and is managed by D&J Collection, Suite 91
262 Lord Street, Perth Western Australia 6000. Telephone: (08) 9389 8033.
Article 1. DEFINITIONS, SCOPE OF APPLICATION AND OBJECT
1.1 Definitions
D&J Collection: D&J Collection, with company seat at Suite 91
262 Lord Street, Perth Western Australia 6000, acting under the commercial brands D&J Collection, & http://www.djcollections.net .
Purchaser: any natural person or person created by law who enters into a contractual relation of any type with D&J Collection;
Consumer buyer: any natural person or person created by law who buys products or services present on the market;
Client: any person who accedes to the D&J Collection website and who has or not a contractual relation with D&J Collection;
Person: any natural person, a person created by law, or a factual association;
Products: the object of one or more contracts;
Prices and/or price indication on the website: The mere indication of a product price on the website D&J Collection never contains a final offer. It can never be a source of rights for the client. (see hereafter: Products with a fixed price, Products with an indicative price, Guaranteed fixed prices and art.1.4. of the General conditions)
Products at fixed price: only means that the available product has a stable market price so that the variability of this product between the price mentioned on the D&J website and the price mentioned in the final offer of D&J Collection is very small or inexistent. (see hereafter: Products with indicative price, Guaranteed fix prices and art.1.4. of the General Conditions)
Products at indicative price: only means that the available product has no stable market price so that the price of this product will be subject to important fluctuations due to the fluctuations of the price of the raw material (for ex. rare diamonds components) or the composition of the available product (for example in case of hand crafted design). This means that there can be an important difference between the price mentioned on the D&J website and the price mentioned in the final offer of D&J Collection (see hereafter : Guaranteed fix prices and art.1.4. of the General Conditions)
Guaranteed fixed price: The price mentioned in the offer that D&J Collection gives to the client. This is an obligatory price for D&J Collection, during the validity time of the offer (see hereafter art. 1.4. of the General Conditions).
Website(s) : following websites (together or separate), managed by D&J Collection : http://www.djcollections.net
Identification Modes: The security systems mentioned in the General Conditions which have to be used by the client to get access to and to use the websites of D&J Collection, and to secure the access to these sites, consisting of a login and a password. D&J Collection is entitled to change or to adapt the identification modes. The new identification systems will be considered as the identification modes as defined above.
1.2 Scope of application
Website and offline Store of D&J Collection
These general conditions apply to the use of D&J Collection websites, to all D&J Collection offers (via website or via the offline stores), and to all contracts concluded with D&J Collection and contains the mutual rights and obligations of the client and D&J Collection.
Derogations
Unless expressly agreed otherwise in a written form, no derogations to the present general conditions will be accepted. All clauses which were not subject to derogation will remain fully in force.
General and Billing Conditions of the client
The client's own general and/or billing conditions will never apply to the contracts concluded with D&J Collection
Worldwide sales
D&J Collection's products are sold worldwide.
1.3 Object, offers and mistakes
Own brands – Intellectual property rights
D&J Collection offers a jewellery line of high quality and standing under her own name and brand. This jewellery line is offered and showed on the website and in the specific offline stores.
All products manufactured and sold under D&J Collection's name and brand are protected by national and international law (i.e. intellectual property rights) and are property of D&J Collection. It is forbidden to use the commercial names and brands ‘D&J' and/or ‘D&J Collection' and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewellery under the D&J brand or to transfer any rights to third parties. The client commits himself to indemnify and to guarantee D&J Collection against all claims or law suits of third parties, for damages caused by infringements of these obligations.
Stocks and Offers
The products shown and described on D&J Collection's website give an overview of the complete line of D&J Collection. The product price mentioned on the website of D&J Collection does not contain a definite price offer. A purchase is only concluded when the (partial) payment has been received from the customer and D&J Collection is able to deliver the product to the customer. D&J Collection refers for as much as necessary to its article 1.4 of these General Terms and Conditions.
D&J Collection aims at maintaining a stock of products shown and offered on her website. Yet D&J Collection 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) D&J Collection, to verify the availability of a product. D&J Collection will do its utmost best to manufacture and/or deliver the ordered products. In case of unavailability of the product or impossibility to manufacture the product, and even if the (potential) client has transferred money to D&J by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind D&J to deliver and D&J can still decide to repay the same sum. Of course D&J commits itself to communicate as soon as possible the reason of repayment. D&J Collection reserves the right to mention a truthful, yet indicative number of pave diamonds on the website or in tailor made quotations, for every jewel containing pave diamonds smaller than 0.30 ct that may vary in size (i.e. pave rings, bracelets, tailor-made jewellery, etc.). These possibly slight differences result from considerations regarding durability, strength & flexibility of our jewellery. D&J Collection undertakes to communicate this truthful, but nonetheless indicative number of diamonds as well as possible to the Client. For all jewellery for which the size does not affect the number of pave diamonds (i.e. earrings, pendants, etc.) present in the jewel, the number communicated on the website is not indicative, but very accurate.
Regarding the sale of coloured gemstones (ruby, sapphire, emerald, ...), any indication of size, caratage of the gemstone(s) will always be communicated as accurate as possible. These values remain indicative. The images of coloured gemstones on the website or accompanying a personal offer, strive to be a realistic representation of the given stone(s). A divergency in colour, due to incidence of light, current natural light conditions or the use of artificial light is possible. If the client requires exact information on the color and other properties of the given stone(s), it is possible to acquire a certificate (by a renowned laboratory) of the given stone(s). The certification of coloured stone(s) is not offered standardly, since this is not customary. The certification of coloured stone(s) implies a delay in production and an additional cost (starting from $100,- dependent on the caratage of the stone(s).
Mistakes and clerical errors
Information, pictures, descriptions on the website of D&J Collection or the information given by email, by chat communication - and/or by phone are as precise as possible. But D&J Collection 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 D&J Collection. Contact data of D&J Collection are mentioned in the present General Conditions and on the website or with a tailor-made quotation. In case of unavailability of the product or impossibility to manufacture the product, and even if the (potential) client has transferred money to D&J by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind D&J to deliver and D&J can still decide to repay the same sum. Of course D&J 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 D&J Collection 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. D&J Collection apologises for the troubles which could be caused by this.
Pictures
D&J Collection exerts herself to give a realistic and detailed picture of her products on her website. It could happen that a product is enlarged or reduced on the picture in order to allow the client to have a detailed view of the product. The client must be aware that each screen is calibrated in a different way so that image and colours can be slightly different from reality.
Availability
The client can verify the availability of a product on the website of D&J Collection. The data concerning a product (i.e. the price) are subject to daily changes and do not bind D&J Collection. In case of unavailability of the product or impossibility to manufacture the product, and even if the (potential) client has transferred money to D&J by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind D&J to deliver and D&J can still decide to repay the same sum. Of course D&J commits itself to communicate as soon as possible the reason of repayment.
Determination of conformity of delivered products
Given the fact that our products are hand-crafted, and images and videos of the demonstration models online can be slightly different from reality due to the fact that each screen is calibrated in a different way, D&J is by no means able to ensure that the metal thickness, height of the settings, details of the chaton of the finished products will be 100% equal to that of demonstration models (available in our offline stores), nor to the visual demonstration if our website.
This means that depending on the different models there might be slight discrepancies in the finished product. Slight differences such as height of setting, style of finishing (rounded or tiger prongs), width and thickness of ring band, are not defined as inconformity. D&J will never be responsible for any complaints regarding these above explained slight discrepancies.
1.4 Conclusion of the contract
Intention to purchase:
Previous to the conclusions of any contract between an internet client and D&J Collection, the client must select a certain product and fill in the data asked by D&J Collection. By doing so the client only expresses his intention to purchase a certain product. The client can either choose a product at fixed price (see art. 1.1 Definitions) or a product at indicative price (see art. 1.1 Definitions). Upon reception of the clients' intention to purchase, D&J Collection will, for an available product at fixed price (see art. 1.1 Definitions), immediately forward a definite offer to the client.
Offer and order confirmation:
Concerning the products at indicative price (see art. 1.1 Definitions), D&J Collection will forward by email an offer to the client within ten (10) days. This offer will be as close as possible to the desires of the client expressed in his intention to purchase. This offer implies that from the moment the e-mail is sent to the client, the product in question will be displayed on the website for 2 working days. The client will therefore - for a maximum period of 2 working days - be able to purchase the production in question at this price, depending on availability.
Validity time of the offer and confirmation of the offer:
Each offer of D&J Collection is conditional. Each offer has a validity time of maximum five (5) working days, starting from the moment that D&J Collection forwards the offer to the client.
Provided that no contract has been concluded and/or that D&J Collection did not receive any payment, nor any confirmation of payment (by bank transfer), the offer will be lapsed, notwithstanding the right of D&J Collection 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. Extension of time can only be granted expressly and in written form by D&J Collection.
Formation of the contract:
The contract is concluded provided that the client has unconditionally accepted the offer and has expressly accepted the general conditions of D&J Collection and that D&J Collection forwarded an unconditional order confirmation to the client. When the offer has been made by use of the website of D&J Collection, the order confirmation is forwarded to the client by mail on the mail address supplied by the client. The contract between the client and D&J Collection always provides an explicit resolving clause. (see infra)
Explicit resolving clause:
Each contract concluded with is subject to the resolving condition of payment of the purchase price within the period as precised hereafter. In case D&J Collection did not receive any payment, nor any confirmation of payment (by bank transfer), within five working days after the offer has been forwarded by D&J Collection to the client , D&J Collection will be entitled to resolve the contract in a unilateral manner and without notification of the client.
Valid contract:
When the contract has been concluded through the website, both the client and D&J Collection explicitly declare that the contract has been valuably concluded by means of electronic communication. Parties declare that the contract has obligatory force notwithstanding the lack of physic signature. The electronic data of D&J Collection are accepted as evidence.
Breach of contract:
To avoid abuse, the return policy only applies after the effective delivery and receipt by the Customer of the ordered and purchased item has taken place. In the event that the customer wishes to cancel an order before delivery, the depreciation that it suffered will be charged.
D&J is committed to delivering high quality tailor-made products at the best possible price/quality ratio. As for the design, D&J has full confidence in the aesthetic sense and expertise of its craftsmen when manufacturing customized jewelry. This is why, without any clear and precise indication from the customer’s side regarding the design of the jewel, D&J goldsmiths reserve the right to create the order on the basis of their own expertise in this area (which always includes the respect of quality standards such as stability, security and sustainability) and personal inspiration.
D&J will never be responsible for any complaints regarding the design of the finished jewel once the final version of the 3D drawings has been validated upon written confirmation by the customer without submitting any specific remarks on the appearance of the desired jewel.
At the end of the manufacturing process, small changes can still be considered, as long as possible. Indeed, it is at the discretion of our goldsmiths (whose choices and actions are always conducted by the compliance with quality standards such as stability, security, and sustainability) to decide whether it’s possible to make small adjustments. If small changes are possible but would entail costs, these costs will still be subject to customer’s acceptance.
In the context of Tailor made designs, D&J is always entitled to make necessary adjustments to the jewel in the context of technicality, durability, safety, portability.
And finally, in the particular case that the client has paid a partial amount of the total purchase amount, and D&J has already started the production of a tailor made jewel or the purchase of a non-standard diamond, then D&J is entitled to resolve the contract in a unilateral way, if the client does not pay the remainder part of the total purchase amount within the timings agreed with D&J & approved by D&J. In this particular case D&J is entitled to an indemnity which amounts at 40% of the total purchase amount, whereby obviously the partially paid amount will be considered as non refundable and as part of this due indemnity.
D&J also possesses offline stores in China. One purpose of these offline stores is to facilitate & guide potential clients in questions & understanding of the offering by D&J Collection. This can be done by guiding them through the websitehttp://www.djcollections.net 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 http://www.djcollections.net should be transferred to the headquarters of D&J Collection in Australia, where the final decision regarding the price of requested quality will be taken and the sale will be concluded.
1.5 What materials & diamonds are used by D&J?
D&J only offers 100% natural diamonds. This means no lab grown, no treated, no artificial and no clarity intensified diamonds. In this regards, D&J uses the most advanced tools to detect & (if) reject any diamond which is not a natural one.
D&J only uses high quality diamonds in its jewels. For each piece of jewellery, you’ll receive a certificate of a recognised diamond laboratory, with a description of your stone's 4 C's.
D&J Collection deliberately chooses never to offer inferior qualities. And this in a highly transparent and objective manner. That’s the reason why D&J Collection only works together with the most renowned certificates of the diamond industry worldwide: GIA, HRD, IGI and NGTC.
D&J Collection therefore dissociates itself explicitly from practices such as self-written diamond certificates (a practice that apparently still exists a lot) and inferior quality certificates by less reputable labs. This way we protect our clients against the risk that at future resale (and at any possible recertification by GIA, HRD, IGI or NGTC) the diamond (jewel) is of inferior quality (and value).
Concerning goods with a personalized character, and specifically diamonds with a quality deviating from our standard offering, D&J offers its client the possibility to communicate clearly and proactively their complete list of specifications. D&J composes its offer based on all information provided by the client. If D&J 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. D&J 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.
D&J shows and sells only diamonds that are approved by the client and prepaid (by bank wire only, no cash). As soon as D&J 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 D&J Collection’s 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.
Obviously D&J Collection 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.
Article 2. AVAILABILITY, IDENTIFICATION, SECURITY
2.1 Availability
The D&J Collection website will be available every day, 24 hours a day.
2.2 Access and use
To receive an offer from D&J Collection via internet, the client has to identify himself and use the identification mode provided by the website. D&J Collection exerts herself to secure as much as possible the communication line for ‘access to' and ‘use of' the website of D&J Collection. For this purpose D&J Collection can at any moment change the access procedure, the identification mode, the access to this identification mode and the security measures, required by i.e. the technical evolution.
2.3 Use of a password
In some cases the client will have to use a password to access certain parts of the website(s) of
D&J Collection The access to these parts without using the password is strictly forbidden. The client has to keep the received password secret. The client commits himself to inform D&J Collection immediately in case his password has been disclosed to third parties or in case he received the password through person/company other than D&J Collection. Any use of the services of D&J Collection, if required after the valuable identification of the password, will be considered as been executed by the client. In case D&J Collection has reasons to believe that the security of her website is in danger, she will be entitled to alter the clients' password.
2.4 Suspension of the service
Maintenance, modifications, improvements
D&J Collection is entitled to suspend the services of her website and the connected systems when maintenance, modifications and improvements have to be done. If possible D&J Collection will warn the client beforehand.
Technical incidents, force majeure, urgency
In case of a technical incident, in case of force majeure or in case of urgency, interruptions could occur without previous warning. In case of a partial or a total denial of access to the website, D&J Collection will -if possible- try to explain the reasons to the client. D&J Collection refers to the provisions of art. 8 and 9 of the present general conditions.
2.5 In case of problems
The client is requested to contact a D&J Collection representative – as identified on the website – in case the client faces problems as consequence of the interruption of the website, as mentioned in art.2 of the present general conditions.
Article 3. PRICES, METHODS OF PAYMENT AND PAYMENTS
3.1 Prices
Prices are not negotiable. Once the agreed price has been paid (fully or via partial payment), the price is fixed and will not be changed, whatever reason (promotions, etc) brought by the client.
Prices are in €, $, £, CHF, CNY, HKD or JPY.
Prices on the website are in €, $, £, CHF, CNY, HKD or JPY.
Overview of prices and transparency
In general: D&J Collection guarantees that her product offer gives a correct and transparent overview of prices and of all elements of that price.
Costs connected to the method of payment: Certain payment methods (see art.3.2. infra) can result in additional costs. This will be clearly communicated to the client.
Calculation of the costs: VAT, local taxes, import and export charges and taxes, delivery costs, will be calculated in function of the place of delivery.
Internet client: The price mentioned by D&J Collection in her offer to the client is due by the client, according to art.1.4. of the general conditions.
Non internet client: The price indicated in the invoice of D&J Collection is due by the client.
Errors in the price offers
D&J Collection is entitled to correct errors (of manipulation), like -but not exclusively- evident mistakes, even after conclusion of the contract. D&J Collection refers -when required so- to art. 1.3. ‘Errors and mistakes and erroneous mentions' and to art.1.4. of the general conditions.
D&J Collection is not responsible for the bank charges incurred on the client side (such as providing wrong bank information, etc.). These bank fees will eventually be charged to clients. Similarly, D&J Collection is not responsible for any bank charges incurred by using remittance methods. This part of the bank charges must be borne by the clients.
3.2 Methods of payment
The client who received, and unconditionally accepted an offer of D&J Collection, according art. 1.4. of the general conditions, can pay in the following ways:
- Bank transfer
- Visa, Mastercard, American Express, Diners Club, Maestro, Bancontact, Ideal, Paypal, Sofort Banking, Finnish E-Banking, GiroPay
- Alipay, WeChatPay, ChinaUnionPay
- Gift Coupon of D&J Collection
Extension
D&J Collection can change and/or extend the payment means. These modifications and/or extensions will be communicated through the website of D&J Collection
SSL Technology
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.
Specific Conditions
When payment is done by credit card, the conditions of use of this card are determined by the card issuer. D&J Collection is not involved in the relation between the client and the card issuer. D&J 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 4. TERMS OF DELIVERY
4.1 In general
With ‘delivery’ we mean – unless otherwise defined – first delivery to the client in case of a purchase.
D&J Collection takes cost and insurance of the first delivery due to a purchase at her charge. Reshipments, 2nd or later deliveries after adjustment or repair, fall under the client’s responsibility.
Purchased products will only be delivered by D&J Collection after payment or confirmation of payment according to art. 1.3. and 1.4. of the present general conditions.
Purchases on the website of D&J Collection are dispatched worldwide. D&J Collection 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 companies: Fed-Ex, UPS, DHL or EMS.
If D&J fails to respect the delivery period which they have guaranteed, the customer has the right to retain from purchasing the product displayed on http://www.djcollections.net.
4.2 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 3 to 15 working days
D&J Collection exerts herself to deliver the purchased products as soon as possible. A term of delivery of 3 to a maximum of 15 working days should be taken into account by the client. In most cases maximum 8 working days in Asia and maximum 10 working days outside Asia. This delivery term starts from the day of reception of the payment on the account of D&J.
Delay in delivery
D&J Collection exerts herself to notify delays in deliveries to the client, by mail, fax or telephone, within 24 hours.
D&J Collection strives for excellence in delivery times. Since D&J Collection has been established, D&J Collection has delivered > 95% of its packages in time, regardless the destination. Having said this, and although D&J works with very reputed delivery partners (FedEx, UPS, DHL, Brinks, SF Express etcetera), D&J 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 D&J Collection's will and control by which D&J 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 (for your info: since we has been established, we observed a loss rate of below 0.05%), D&J will do its utmost best to limit any inconvenience caused. As our clients are fully insured against non-delivery, he/she will receive the option to be refunded or the option of reproduction and delivery of the exact same jewel, without additional costs. However, bear in mind that we can only start these proceedings once we have received an official statement of the courier that confirms the loss or non-delivery of the package to the client. Moreover, as our couriers are external partners, the client acknowledges that D&J is not the principle party at fault in case of such an exceptional event. Therefore, the client is fully informed and aware that D&J will not concede to unreasonable behavior or legal threats which demand remedying actions from D&J which go beyond its responsibility as described above.
4.3 Delivery address
Purchased products will be delivered at the address mentioned by the client in his intention of purchase or in the acceptation of the offer, after payment by the client. Client can be asked to sign a delivery note when the purchased goods are delivered. To avoid fraud D&J Collection recommends the client to give his address mentioned on his credit card or known by the financial institution of the client.
4.4 Follow up of shipping
Reference number
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 D&J Collection starting from the collection at D&J Collection, D&J Collection 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
D&J Collection recommends her clients to check shipped parcels previous to the signature of the delivery note for apparent defects, such as i.e. fissures and dents.
4.5 Packaging of the product
All purchased products ready to be shipped by D&J Collection are packed in a fitted, high quality box to protect the purchased product during the shipping. This box can be perfectly used as a gift-wrap.
4.6 Insurance of the shipped product
Risk-free
Each shipment made by D&J Collection in case of a first delivery to a client due to a purchase is fully insured (risk-free). D&J Collection 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. D&J Collection 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
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).
4.7 Partial delivery
When different parts of the order are delivered separately (i.e. when certain raw material or purchased products are not available), D&J Collection can consider each delivery as a separate delivery. In this case, the client will be contacted by a representative of D&J Collection in order to pay additional transport costs.
4.8 Lack of collection of delivery
Internet Clients
When the client fails to collect the parcel in due time, the parcel will be reshipped to D&J Collection, D&J Collection will notify the client that the purchased product(s) remain(s) at his disposal at D&J Collection 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 D&J Collection and reshipment charges to the (new) address of the client.
When the client fails to collect in due time, D&J Collection is entitled either to ask for payment, or to resolve the contract in a unilateral manner and without intervention of any judge/court. In this case the already paid advances will be returned to the client.
Article 5. DIAMOND CERTIFICATES
5.1 Certificates
You will receive a certificate issued by an internationally renowned authoritative laboratory for every piece of Jewellery. This is a laminate-protected document that summarizes the jewellery's vital information, and describes precisely its characteristics that help determine its value. A certificate does not give any indication of a diamond's monetary value.
When a client has specific preference in terms of certificates before purchase, D&J will try to meet their needs. Unless specifically mentioned, D&J will never guarantee that the certificate provided to the client must be the certificate requested by him/her. Furthermore, if a client purchases a diamond jewellery, he/she explicitly accepts the characteristics of the products described on the certificate sent with the diamond jewellery. Therefore,.. D&J will not respond to any further arguments in certificated-related matter.
Article 6. APPARENT DEFECTS
6.1 Apparent Defects
D&J Collection clients' are requested to inspect the purchased products immediately after delivery. Under penalty of preclusion, claims about apparent defects of the products have to be notified in written form to one of the offline stores of D&J Collection -as mentioned on the website- within a period of 15days after delivery/reception.
6.2 Reshipment charges
The client can be requested by a representative of D&J Collection to reship the purchased product, object of the claim. In this case reshipment charges are borne by the client.
Article 7. RESERVE OF TITLE CLAUSE
7.1 Transfer of property
Notwithstanding the delivery, the transfer of property of the purchased product will only occur after payment of the purchase price, included all due cost, charges, taxes and interests.
7.2 Retail, transfer, delivery, encumbrances.
The client is not entitled to retail, transfer, redeliver or deliver, or burden the purchased product with any personnel or rights in rem, before the transfer of property provided in art.7.1.
Article 8. PRODUCT WARRANTIES AND RESPONSABILITIES
D&J's range of jewellery is the result of highly deliberate and carefully considered choices in respect of concept, style, quality, workmanship and safety, with the strictest guidelines applying to all these factors. All our jewels are made by hand and checked by skilled craftsmen with years of experience at every stage of the process. Furthermore, every completed item of jewellery is subjected to our strict general quality control just before it is dispatched to the customer.
8.1 Hidden defects
D&J Collection guarantees the client against hidden defects of the product(s) till ten (10) years after delivery of the product.
Hidden defects have to be notified to D&J Collection in written form within a delay of one month after discovery.
8.2 Exclusion of warranty
Notwithstanding the provisions of art.8 of the present General Conditions, D&J will not be held to warranty in following cases:
- Normal wear and tear;
- Inappropriate or unjustified use of the product;
- Modification and reparation of the product without consent of D&J Collection;
- If the original invoice and certificates cannot be supplied, have been altered or became unreadable;
- If the -even partial- defects have been caused intentionally, or by serious negligence or lack of maintenance.
- In the event of the loss of one diamond or more diamonds, unless expert in-house analysis demonstrates that the loss was as a result of a manufacturing error.
8.3 Warranties of the client
The Client is held to guarantee D&J Collection against all claims of third parties against D&J Collection and which find their origin in the implementation of the contract between the client and D&J Collection (i.e. indirect damages), provided that the law does not oppose these damages and costs being charged to the client.
8.4 Costs concerning products excluded from warranty
Research costs
Research costs to analyse the foundation of claims for hidden defects of a purchased product made by D&J Collection are at clients' charges if the claims appear to be not founded.
Costs of repair
For products which are excluded from warranty but have to be repaired, D&J Collection will forward a tender to the client, previous to any repair. The client can always refuse the tender. In this case the product will be reshipped to the client provided prepayment of reshipment and research costs by the client.
8.5 Preclusion of property
By lack of prepayment of reshipment and research costs by the client within six (6) months after the forwarding date of tender,
D&J Collection will have the right to invoice these costs to the client;
D&J Collection will have the right to invoice the costs of storage (i.e. rent, assurances etc…) to the client;
D&J Collection will have the right to appoint a sequestrator, authorised to sell the product of the client, on account to whom it belongs.
8.6 Restriction of damage
D&J Collection will never be liable for damages caused by a supplied service or product -whatever the reasons could be- for an amount which exceeds the amount of the invoice paid by the client concerning the said service of product.
8.7 Reshipment of the purchased product by use of product warranty
The product, object of use of product warranty, has to be reshipped to the address of the company or any authorized repair outlet provided on the sales receipt.
Costs and Insurance of reshipment and costs resulting from incorrect application of the customs procedures related to the re-importation of the purchased jewel will always be borne by the client.
D&J Collection will never be liable for damages -theft and lost included- of the reshipped product/packaging.
Under no circumstances D&J will be responsible for the (arrangement of the) return, neither intervene in the arrangement of the insurance coverage for any returns.
Article 9. RIGHTS AND OBLIGATIONS OF THE PARTIES – LIABILITY
9.1 Use of systems/connection
D&J Collection waives any liability for damages caused by dysfunctions of the hardware and/or of the software systems and all devices referred to these systems, which are used to have access to the website of D&J Collection
9.2 Security and precautions
The client is obliged to notify D&J Collection immediately of all problems related to the access and use of the website of D&J Collection.
9.3 Unavailability of the website(s)
D&J Collection waives any liability for damages caused by temporarily or final unavailability of her website.
9.4 Liability of D&J Collection
D&J Collection waives any liability for damages to the client or to third parties 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 D&J Collection's will and control by which D&J 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 third parties Delays in execution or the non-execution of services by third parties 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 third parties contracted by the client.
Errors in data supplied by third parties to D&J Collection;
The recurrent unavailability of the website(s) of D&J Collection as a result of errors, omissions, interventions of third parties 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 D&J Collection
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 D&J Collection's will and control by which D&J cannot partially or totally fulfil her obligations anymore.
Decisions and/or obligations imposed by Australia or foreign authorities;
Hypertext links on which D&J Collection has no control and which give access to the website;
Incomplete or erroneous information from third sources;
Faults and negligence of the client himself.
9.5 Damages and interests
D&J Collection will never be liable for damages caused by a supplied service or product – whatever the reason - for an amount which exceeds the amount of the invoice paid by the client for this service or product.
Article 10. INTELLECTUAL PROPERTY
The client expressly acknowledges that intellectual rights concerning the name, all transmitted information, all pictures, all communications or other expressions concerning the products and/or in the website are and remain exclusive property of D&J Collection, her suppliers or other holders of rights.
By intellectual property rights is meant patents, brand rights, copyright, design and models and other intellectual property rights as technical and/or commercial know-how, methods and concepts.
D&J Collection refers to the provisions of the general conditions (see art. 1.3., 1ste paragraph). Products sold under the D&J Collection brand are protected by national and international laws (i.e. the intellectual property laws) and remain property of D&J Collection
It is forbidden to use the commercial names and brands ‘D&J' and/or ‘D&J Collection' and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewellery under the D&J brand or to transfer any rights to third parties.
The client declares that the products are bought for personal purposes and not for commercial purposes.
Nothing in the General Conditions nor any act of copying and/or downloading information can be considered as a partial or complete transfer of the intellectual property of D&J Collection to a third party or to the client. The client will not infringe the intellectual property rights of D&J Collection. The client is allowed to copy or to download his own data or the information which is his exclusive property, provided that he will not alter any copyright or restriction of liability clause or any other provision.
The client will indemnify D&J Collection, and hold her harmless against any claim or legal action of third parties for damages caused by infringements on this provision.
Article 11. PERSONAL DATA
D&J Collection will treat personal data received from clients according the legal provisions concerning respect of privacy, as mentioned in her website.
Article 12. MODIFICATIONS TO THE GENERAL CONDITIONS
12.1 Publication of the modifications
Notwithstanding art.1.4. of the general conditions, D&J Collection 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.
12.2 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 13. GENERAL PROVISIONS
13.1 The impossibility to fulfil, the nullity or the invalidity of one of the provisions of the present general conditions will not lead in any way to the impossibility to fulfil, the nullity or the invalidity of all other provisions of the present general conditions. In case the impossibility to fulfil, the nullity or the invalidity of one of the provisions of the present general conditions is certain, such a provision it will be held non existent...
13.2 Unless otherwise expressly agreed, not claiming a right or not applying a sanction, will never result in the renouncement of any right whatsoever.
Article 14. SETTLEMENT OF CONFLICTS, APPLICABLE LAW AND JURISDICTION
14.1 Settlement of conflicts
D&J Collection 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 D&J Collections' representatives. D&J Collection 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 D&J Collection'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 D&J Collection 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.
14.2 Jurisdiction
When parties were unable to resolve the conflict in an amicable way, only the Courts of the judicial district of Australia 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 in all legal disputes is English/Chinese.
Article 15. Product warranty
15.1 Product warranty
The commercial product(s) warranty of 10 years with respect to jewellery offered by D&J to its clients after delivery.
