TERMS & CONDITION
General Conditions
Passion Jewels BV
Terms & Conditions
- The diamonds invoiced here have been procured from legitimate sources that are compliant with United Nations Resolutions and pertinent national laws, ensuring they are not involved in funding conflict. Upon request, Passion Jewels BV can provide a list of the source countries for these diamonds. The seller guarantees the diamonds are conflict-free and adheres to the WDC SoW Guidelines. These diamonds are exclusively of natural origin unless otherwise indicated as LAB GROWN DIAMONDS, SYNTHETIC DIAMONDS or TREATED DIAMONDS, based on personal knowledge and/or written guarantees provided by the supplier, except where specifically mentioned on the invoice.
- Delivery terms are provided for informational purposes only. Delays do not constitute grounds for compensation or dissolution.
- In case of cancellation or refusal of delivery for standard goods, the customer shall owe a fixed compensation of 25% of the total estimated value. For specially ordered goods, the compensation is equal to 50% of the order value if production has commenced.
- If the customer fails to collect the goods after being requested to do so, Passion Jewels BV may, after a period of fifteen days and without prior notice, charge storage fees or remove the goods at the customer's risk, considering the agreement cancelled by the customer.
- Goods not fully paid for remain the property of Passion Jewels BV and cannot be sold before payment is completed. Full ownership transfers only upon complete payment according to the conditions of this proforma invoice. If the purchaser takes delivery of the goods prior to full payment, they will be considered a holder on consignment for account.
- In case of resale by the customer before fulfilling obligations to Passion Jewels BV, the resale automatically transfers the customer's claim against their buyer equivalent to the outstanding amount to Passion Jewels BV. The customer must inform the buyer accordingly.
- All complaints must be filed within eight days of delivery. Filing a complaint does not exempt the customer from payment obligations. Returns can only occur with prior written consent from Passion Jewels BV.
- Passion Jewels BV's warranty claims about defects in delivered goods are limited to those provided by its suppliers. In cases of contractual or non-contractual fault, Passion Jewels BV is not liable for consequential damages, and liability for direct damage is limited to the cost price of the implicated order.
- Models, drawings, designs created for an order will be charged to the customer, even if not subject to sale.
- If a customer provides plans, models, instruments, etc., Passion Jewels BV may retain these items until full payment is received. Liability for loss or damage of these items is limited to unpaid storage contractor status.
- When working on specific drawings, models, or processes requested by the customer, the customer assumes responsibility for any third-party claims related to patents or intellectual property rights and must indemnify Passion Jewels BV.
- Unless otherwise stated, invoices must be paid within 30 days of the invoice date.
- Protests against an invoice must be submitted in writing within 30 days of the invoice date, including the invoice date and number, along with the reason for protest.
- Late payments or contract breaches by the customer incur a fixed compensation of 10% of the owed amount, with a minimum of $85.00 USD. Additional collection expenses and an annual interest rate of 8% apply to late payments or breaches.
- Passion Jewels BV reserves the right to cancel all deliveries immediately in the event of late payment or contract breach. It may consider the agreement cancelled automatically and without notice for uncompleted parts. In such cases, the customer has no recourse or right to compensation for undelivered goods.
- If Passion Jewels BV cannot execute the agreement due to force majeure, strike, lock-out, etc., it may terminate the agreement without compensation claims.
- Passion Jewels BV retains the right to dissolve the agreement in case of customer bankruptcy or insolvency, or any change in legal status.
- All agreements by Passion Jewels BV are governed solely by Belgian law, with exclusive jurisdiction held by the courts of Antwerp, Antwerp division.