Use of the website
These General Conditions apply to the website http://www.kiajewels.com By using this website you commit yourself (hereafter the client) to accept and to respect these general conditions.
Purchase at www.kiajewels.com
Moreover these general conditions apply to all contracts concluded with and they contain all mutual rights and obligations between the client .
The client declares that previously to the conclusion of any contract with, he took notice of the general conditions as published on the website of Kia jewels 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 Rising Webvibe Solutions Pvt Ltd.
Website and point of sales kia Jewels
These general conditions apply to the use of kia jewels websites, to all kia jewels. offers (via website or via the point of sales), and to all contracts concluded with Kia jewels. and contains the mutual rights and obligations of the client and Kia jewels
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 and Billing Conditions of the client
The client's own general and/or billing conditions will never apply to the contracts concluded with kia jewels. Worldwide sales
Kia Jewewls products are sold worldwide.
Stocks and Offers
The products shown and described on Kia Jewels's website give an overview of the complete line of Kia Jewels. The product price mentioned on the website of Kia jewels. does not contain a definite price offer. Clients' expression of his intention to purchase a product is not enough to conclude a contract with Kia Jewels refers to art. 1.4. of the present general conditions.
kia jewels. aims at maintaining a stock of products shown and offered on her website. Yet Kia jewels 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) Kia Jewels, to verify the availability of a product. Kia jewels. 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 kia jewels by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Kia jewels to deliver and Kia jewels can still decide to repay the same sum. Of course Kia jewels commits itself to communicate as soon as possible the reason of repayment. Kia jewels. 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, tailormade jewellery, etc.). These possibly slight differences result from considerations regarding durability, strength & flexibility of our jewellery. Kia Jewels 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.
As to tailor-made jewels, our experts always make an approximate calculation of the number of small diamonds in the jewel based on the pictures or information we are provided with. This number is rough and may be slightly rounded during the evolution of the manufacturing process. Given that any small change to the reduction or increase in the number of small diamonds will have no real effect on price, the price will remain the same in either case. 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 € 70,- dependent on the caratage of the stone(s).
Mistakes and clerical errors
Information, pictures, descriptions on the website of kia jewels or the information given by email, by chat communication - and/or by phone are as precise as possible. But Kia Jewels can not 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 Kia Jewels Contact data of Kia Jewels 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 Kia Jewels by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Kia Jewels to deliver and Kia Jewels can still decide to repay the same sum. Of course Kia Jewels 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 Kia Jewels. 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. Kia Jewels. apologises for the troubles which could be caused by this.
Kia Jewellery 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.
The client can verify the availability of a product on the website of Kia Jewels The data concerning a product (i.e. the price) are subject to daily changes and do not bind Kia Jewels. In case of unavailability of the product or impossibility to manufacture the product, and even if the (potential) client has transferred money to Kia Jewels by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Kia Jewels to deliver and BKia jewels can still decide to repay the same sum. Of course Kia Jewels commits itself to communicate as soon as possible the reason of repayment. Kia Jewels 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, tailormade jewellery, etc.). These possibly slight differences result from considerations regarding durability, strength & flexibility of our jewellery. Kia Jewels. 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.
Determination and selection of the appropriate ring size
Kia jewels provides the customer with as many tools as possible so that customers are able to correctly determine their ring size even when ordering at distance. After determining the ring size (no matter through which Kia Jewels mean, the choice and the order of the right size is the customer's responsibility and not Kia jewel’s. This applies to all means of ring size determining, including the determination in one of our showrooms with a standard metal ring sizer. Even in the latter case when receiving the opinion of the Kia jewels advisors, the size choice remains at clients’ discretion and is their responsibility. Customers must make a decision based on their own impressions (ex. preference for a tighter or wider size etc ...). Moreover, given the number of different ring styles and the fact that our products are hand-crafted, Kia jewels is by no means able to ensure that the metal thickness of the finished products will be 100% equal to that of demonstration models (available in shop, this means that depending on the different models there might be slight discrepancies in the ring size. Kia jewels will never be responsible for any wrong ring size complaints and the shipping and size adjustment costs will never be on its behalf. These costs will be charged to the customer.
Purchase through the website of Kia Jewels. by an internet client
Intention to purchase: Previous to the conclusions of any contract between an internet client and Kia jewels the client must select a certain product and fill in the data asked by Kia Jewels 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).
Offer and order confirmation:
Validity time of the offer and confirmation of the offer:
Each offer of Kia jewels. is conditional. Each offer has a validity time of maximum ten (10) working days, starting from the moment that Kia Jewels forwards the offer to the client. Provided that no contract has been concluded and/or that Kia jewels did not receive any payment, nor any confirmation of payment (by bank transfer), the offer will be lapsed, notwithstanding the right of Kia jewels. 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 Kia jewels.
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 Kia jewels forwarded an unconditional order confirmation to the client. When the offer has been made by use of the website of Kia jewels. the order confirmation is forwarded to the client by mail on the mail address supplied by the client. The contract between the client and Kia jewels always provides an explicit resolving clause. (see infra)
Explicit resolving clause:
Each contract concluded with Kia jewels. is subject to the resolving condition of payment of the purchase price within the period as précised hereafter. Kia jewels. explicitly refers to art.1184 of the Belgian Civil Code. In case Kia jewels did not receive any payment, nor any confirmation of payment (by bank transfer), within five working days after the offer has been forwarded by Kia jewels to the client , Kia jewels will be entitled to resolve the contract in a unilateral manner and without notification of the client.
When the contract has been concluded through the website, both the client and Kia jewels. 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 Kia jewels are accepted as evidence.
Breach of contract:
To avoid abuse, all costs, forthcoming out the payment method chosen by the Client, will be deducted from the refund of the total amount paid by the Client, in the case the Client wishes to cancel the agreement before delivery of the ordered product.
Kia jewels is committed to delivering high quality tailor-made products at the best possible price/quality ratio. As for the design, Kia jewels 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, Kia jewels 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.
Kia jewels 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.
Purchase at the points of sale of Kia jewels by a non internet client
The contract is concluded provided that the client has unconditionally accepted the offer and has expressly accepted the general conditions of kia jewels forwarded an unconditional order confirmation to the client. The acceptance of the general conditions of Kia jewels is done 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 Kia jewels. (see: art.4 of the present general conditions)
1.5 What materials & diamonds are used by Kia Jewels?
Kia jewels works with 18 carat gold (75% gold – alloy 'Au750') and 14K , 9kt gold, silver sterling and stainless steel and non allergic metals.Client must to the info given on the website of kia jewels
Kia jewels offers 100% natural diamonds in diamond jewellery. This means no treated, artificial or clarity intensified diamonds,
Kia jewels also offers 100% synthetic lab grown diamonds specified jewellery.
Kia jewels 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.
Concerning goods with a personalized character, and specifically diamonds with a quality deviating from our standard offering, Kia jewels offers its client the possibility to communicate clearly and proactively their complete list of specifications. Kia jewels composes its offer based on all information provided by the client. If Kia jewels 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. Kia jewels 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.
Kia jewels shows and sells only diamonds that are approved by the client and prepaid (by bank wire only, no cash). As soon as Kia jewels 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 Kia jewels 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 kia Jewels 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
The Kia Jewels website will be available every day, 24 hours a day. (see art.9 and 10 of the present general conditions)
2.2. Access and use
To receive an offer from Kia jewels via internet, the client has to identify himself and use the identification mode provided by the website. Kia jewels. exerts herself to secure as much as possible the communication line for ‘access to' and ‘use of' the website of Kia jewels. For this purpose Kia jewels. 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
Kia jewels. 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 Kia jewels. immediately in case his password has been disclosed to thirds or in case he received the password through person/company other than Kia jewels. Any use of the services of BKia jewels., if required after the valuable identification of the password, will be considered as been executed by the client. In case Kia jewels. 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
Kia jewels. is entitled to suspend the services of her website and the connected systems when maintenance, modifications and improvements have to be done. If possible Kia jewels 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, Kia jewels will -if possible- try to explain the reasons to the client. Kia jewels refers to the provisions of art. 9 and 10 of the present general conditions.
2.5. In case of problems
The client is requested to contact a Kia jewels representative – as identified in art.16 of the present general conditions and 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
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 €.
Prices on the website are in €.
Overview of prices and transparency
In general: Kia jewels 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.
Promotional and/or special discount prices (in any form) are not cumulative. The use of discount vouchers or discount codes is only applicable for jewels.
Internet client: The price mentioned by Kiajewels. 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 ofKia jewels due by the client.
Errors in the price offers
Kia jewels. is entitled to correct errors (of manipulation), like -but not exclusively- evident mistakes, even after conclusion of the contract. Kia jewels refers -when required so- to art. 1.3. ‘Errors and mistakes and erroneous mentions' and to art.1.4. of the general conditions.
Once the client has communicated his intention to purchase, Kia jewels. will make forward an offer to the client in which the VAT tariff will be mentioned. If required so, kia jewels refers to art.1.4. of the present general conditions.
The costs of delivery within Belgium will be beared by Kia jewels.
In case of delivery outside the EU, prepayment of export and import charges and taxes, and other local taxes and charges can be asked to the client.
What do the prices found on www.kiajewels .com include?
Prices & taxes payable to Kia Jewels depend on the country of destination (= country where the purchased items have to be delivered).
Clients within the EU
Prices (payable to Kia jewels) will be increased with the appropriate VAT rate of Belgium, which is 21%, except for Germany where the local VAT of 19% is applicable and France where the local VAT of 20% is applicable.
Clients outside the EU
Prices payable to Kia jewels 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. Kia jewels offers you information on border and local taxes.
Tax-free purchases and export outside the EU will be applicable in near future.
Kia jewels 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 Kia jewels:
If required will provide to the client enough information concerning the export and import charges and taxes, and other local taxes and charges concerning expeditions outside the EU. Export and import charges and taxes, and other local taxes and charges are always at clients charge, unless otherwise provided in legal provisions.
kia jewels can never be held liable for differences/changes in VAT tariff or export and import charges and taxes.
3.2. Methods of payment
The client who received, and unconditionally accepted an offer of kia jewels according art. 1.4. of the general conditions, can pay in the following ways:
- Bank transfer
- Visa, Mastercard, American Express, Maestro, Bancontact, Ideal, Paypal, Sofort Banking
Non internet client
The client who signed an invoice “read and accepted” in one of the sales points as mentioned on the website of Kia jewels, according to art. 1.4. of the present general conditions, can pay in the following ways:
- Bank transfer
- Visa, Mastercard, American Express, Maestro, Bancontact,payconiq
Article 4. TERMS OF DELIVERY
4.1. In general
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 8 to 14 working days
Kia jewels exerts herself to deliver the purchased products as soon as possible. A term of delivery of 8 to a maximum of 14 working days should be taken into account by the client. In most cases maximum 8 working days in Europe and maximum 14 working days outside Europe. This delivery term starts from the day of reception of the payment on the account of kia jewels.
Delay in delivery
Kia jewels. exerts herself to notify delays in deliveries to the client, by mail, fax or telephone, within 24 hours.
Kia jewels strives for excellence in delivery times. Since long time Kia jewels has delivered > 95% of its packages in time, regardless the destination. Having said this, and although Kia jewels works with very reputed delivery partners (FedEx, UPS, DHL, Brinks, etcetera), kia jewels 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. Therefore, a late delivery as such does not grant the client any right for financial compensation.
In the exceptional situation of a non-delivery or loss of package (for your info: since 2008, we observed a loss rate of below 0.05%), kia jewels 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 kia jewels is not the principle party at fault in case of such an exceptional event. Therefore, the client is fully informed and aware that kia jewels will not concede to unreasonable behavior or legal threats which demand remedying actions from Bkia jewels which go beyond its responsibility as described above.
4.3. 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. To avoid fraud kia jewels. recommends the client to give his address mentioned on his credit card or known by the financial institution of the client.
Purchased products will be delivered at the points of sales as mentioned on kia jewels website, after payment by the client or at the address mentioned on the invoice signed by the client. When the client can not immediately collect the purchased product and when parties agree to ship the product, the client can be asked to sign a delivery note when the purchased goods are delivered.
4.4. 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 kia jewels starting from the collection at kia jewels 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
Kia jewels 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 kia jewels. 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
Each shipment made by kia jewels in case of a first delivery to a client due to a purchase is fully insured (risk-free). Kia jewels 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. Kia jewels 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 to the clients' address, even if the delivery note has not been signed.
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), kia jewels can consider each delivery as a separate delivery. In this case the client will be contacted by a representative of kia jewels in order to pay additional transport costs.
4.8. Lack of collection of delivery
When the client fails to collect the parcel in due time, the parcel will be reshipped kia jewels will notify the client that the purchased product(s) remain(s) at his disposal at kia jewels 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 kia jewels and reshipment charges to the (new) address of the client.
Non internet Client
The client is requested to collect the purchased product(s) in due time. When the client fails to collect in due time kia jewels 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 Diamond Certificates
When the ‘Diamond grading report' has to be replaced, kia jewels is entitled to ask the client for payment of a lump sump of 190 € to cover the administrative costs.
5.2 Used certificates
Kia jewels 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. These laboratories are exclusively HRD, IGI and GIA. When a client has specific preference in terms of certificates before purchase, kia jewels will try to meet these. Unless specifically mentioned, kia jewels will never guarantee this. Also will the client explicitly agree on the quality description of the diamonds as mentioned on the certificates delivered. Consequently, kia jewels will not respond to any further arguments in this matter.
Article 6. APPARENT DEFECTS
6.1. Apparent Defects
Kia jewels 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 points of sales of kia jewels -as mentioned on the website- within a period of 15 days after delivery/reception.
6.2. Reshipment charges
The client can be requested by a representative of kia jewels to reship the purchased product, object of the claim. In this case reshipment charges are beared by the client.
Article 7. RIGHT TO RENOUNCE AND TO EXCHANGE
7.1. Legal right to renounce
7.2. Extension to the right of renouncement
7.3. Conditions to the right of renouncement
7.4. Reshipment of the purchased product by renouncement
7.5. Control of reshipped parcels after renouncement and/or exchange
7.6. Reimbursement of the price
The purchase price (reduced by the costs as mentioned in 7.4 here above) paid by the client will be reimbursed by kia jewels within ten (10) working days after a satisfactory quality control of the reshipped parcel, as provided in art.7.6. of present general conditions.
8. Exclusion of warranty
Notwithstanding the provisions of art.9 of the present General Conditions, kia jewels 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 kia jewels;
- If the original invoice and certificates can not 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.
The Client is held to guarantee kia jewels against all claims of thirds against kia jewels and which find their origin in the implementation of the contract between the client and kia jewels (i.e. indirect damages), provided that the law does not oppose these damages and costs being charged to the client.
9.1 Costs concerning products excluded from warranty
Research costs to analyse the foundation of claims for hidden defects of a purchased product made by kia jewels 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, kia jewels 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.
9.2 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,
Restriction of damage
Kia jewels 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.
9.3 Reshipment of the purchased product by use of product warranty
9.4 Legal minimum guarantee
Kia jewels uses with regard to the delivery of goods, the legal minimum warranty period of six months only on diamond jewels. This means that faults or defects (if it appears that this was a hidden defect or if the defect was already present before the delivery) to the product until six months after the delivery will be repaired free of charge, or replaced. If the defect or deficiency manifests itself within 6 months after delivery, then this is considered to have already existed before the delivery, unless we can prove otherwise. After six months, you will have to prove yourself that the defect was already present at the delivery.
Article 10. RIGHTS AND OBLIGATIONS OF THE PARTIES – LIABILITY
10.1. Use of systems/connection
Kia jewels 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 kia jewels
Are i.e. contained in this provision concerning the unavailability of the website:
10.5. Damages and interests
Kia jewels 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 12. PERSONAL DATA
Kia jewels will treat personal data received from clients according the legal provisions concerning respect of privacy, as mentioned in her website.
Article 13. MODIFICATIONS TO THE GENERAL CONDITIONS
13.1. Publication of the modifications
Notwithstanding art.1.4. of the general conditions, kia jewels 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.
13.2. 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 14. MISCELLANEOUS PROVISIONS
For any questions, claims and observations concerning the services, the orders, the management, the privacy issues or the general conditions of kia jewels, please contact :
- e-mai email@example.com
- telephone : +32 (0)484 462 124 (open every day from 9h till 12h and from 14h till 18 h)
- address : rucaplein 22, 2610 wilrijk
1. Legal information
This website has been created and is managed by kia jewels
Intellectual property rights
Kia jewels 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 points of sales mentioned on kia jewels websites.
All products manufactured and sold under kia jewels name and brand are protected by national and international law (i.e. intellectual property rights) and are property of kia jewels It is forbidden to use the commercial names and brands kia jewels and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewellery under the kia jewels brand or to transfer any rights to thirds.
The client commits himself to indemnify and to guarantee kia jewels. against all claims or law suits of third parties, for damages caused by infringements of these obligations.
Responsibility & liability of kia jewels
KIA JEWELS refers as much as possible & whenever appropriate to the general conditions as publicized on www.kiajewels.com.
kia jewels. puts a lot of efforts into the accuracy & completeness of the information which is provided to the visitors of its website. Information, pictures, descriptions on the website of kia jewels. or the information given by email and by phone are as precise as possible. Kia jewels pays the greatest attention to the information we share on our website. We cannot, however, guarantee that the given information is always completely without flaw or fault. If the given information contains an error which should be evident to the average consumer, we will not accept any liability for this error. When the client faces unclear information he can always contact a representative of kia jewels are mentioned in the present General Conditions and on the website.
When the price of a product, mentioned in the offer, is different from the real price, a representative of kia jewels 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. Kia jewels apologises for the troubles which could be caused by this.
As said, the information, software, products & services (“information”) which are proposed via this website can show deficiencies of all kind. Therefore, notwithstanding its objective to provide as accurate as possible information, kia jewels waives any liability for damages to the client or to thirds caused by circumstances as explained in article 10 of the General Conditions.
The products described & visualized on www.kiajewels.com van kia jewels give an overview of the product ranges of kia jewels
The mentioning of a product on this website does not imply a firm offer. And the shown intention of visitor to acquire a product is insufficient to establish an agreement. Only after the visitor having endorsed its intention to buy by acceptance of the general conditions, kia jewels can formulate an offer with a guaranteed and fixed price.
kia jewels has the explicit right to change any information (of any kind) on the site at any given point in time.
In some cases the client will have to use a password to access certain parts of the website(s) of
kia jewels 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 kia jewels immediately in case his password has been disclosed to thirds or in case he received the password through person/company other than kia jewels Any use of the services of kia jewels if required after the valuable identification of the password, will be considered as been executed by the client.
In case kia jewels has reasons to believe that the security of her website is in danger, she will be entitled to alter the clients' password.