The present terms and conditions of sale are accepted by the Buyer whenever a purchase has been completed on this website.
- 2.1. When the Buyer has specified the order from the different collections online, by clicking on the order button, the purchase has been made.
The Buyer will receive a confirmation email from Daems Giovanni BV.
The order will be delivered at the address mentioned and specified by the Buyer as being the delivery address.
- 2.2. The payment method can be chosen while processing the order on our website, payment can be processed by credit card or by bank card.
- 2.3. An order can be refused by Daems Giovanni BV, the reason of refusal will be addressed to the Buyer within 15 calendar days from making the order.
- 2.4. Minors cannot buy our items.
3. THE ITEMS AND PRICES
- 3.1. The items offered on the website are described as detailed as possible. Colours of the items on our website can be a little different from the colours of the items in reality.
- 3.2. The prices mentioned are the ones valid on the day of the purchase.
- 3.3. The prices are mentioned in Euro and exclude VAT and administrative fees for shipping. Daems Giovanni BV is not responsible for import duties and / or taxes typically for the foreign country where shipped to.
4. DELIVERY TIME
- 4.1. The order will be processed and shipped within 5 business days.
When the item is not available at the moment of purchase or when the item has to be personalized, it has to be made especially for the Buyer, in which case the order will be processed and shipped within 8-10 business weeks.
- 4.2. Delivery terms mentioned in an offer, agreement or invoice are merely indicative and not binding upon BV Daems Giovanni, unless expressly agreed otherwise. In that case, compliance with the deadline shall only constitute a best-efforts obligation and the deadline shall be extended if circumstances arise which were reasonably unforeseeable at the time of the conclusion of the agreement and/or which are wholly or partly attributable to the contracting party itself or to third parties.
- 4.3. A delay in shipment is always at the Buyer’s risk.
- 4.4. The Buyer also accepts the risk of damage or loss during shipment. In that case, the Buyer will have to settle this issue with the shipping company.
5. RETURN POLICY
- 5.1. Items can be returned within 14 calendar days after the day of delivery, but only when the items AND the packaging are not used and still in new condition.
Certain items have (electronic) labels, those specific labels cannot be removed by the Buyer before returning. Returning will not be possible in case the (electronic) label is removed.
The Buyer will never be entitled to return items, when it’s obvious that they have been worn, if they are damaged or if there are parts missing.
- 5.2. Returning is not possible for purchase vouchers and for items that have been made to measure for the Buyer or adapted at his request. Personalised or engraved pieces cannot be returned.
- 5.3. The items must be returned to the following address: Fortstraat 9c, 2560 Kessel, Belgium.
The cost of the return / shipping of the items is for the Buyer.
After receiving the returned items, a refund will be paid, without shipping costs.
6. INTELLECTUAL PROPERTY
All items on our website as well as the items we are selling are copyright protected and Daems Giovanni BV’s exclusive property.
They cannot be displayed, reproduced or published in any form without our prior written consent.
Daems Giovanni BV collects personal data from the Buyer through the website. These data will not be disclosed, and will only be used for (1) internal use in order to arrange the order, (2) communication and personalized commercial information with the Buyer.
The Buyer has the right to delete or rectify his personal data by sending an email to ‘email@example.com’. The person at Daems Giovanni BV who is responsible for personal data can be reached through ‘firstname.lastname@example.org’.
Daems Giovanni BV is not liable for any damage linked with the use of this website to the Buyer. Any liability of BV Daems Giovanni is limited to the price of the sold goods. Daems Giovanni BV is not liable for any consequential damage, immaterial damage, economic loss or loss of profit.
9. WARRANTY AND REPAIR
- 9.1. The contracting party has to inspect the goods upon delivery. Any claim regarding an alleged non-conformity or an alleged visible defect must be made by the contracting party within ten days after the delivery, under penalty of forfeiture. Any claim regarding an alleged hidden defect must be made by the contracting party within three months after the discovery of the alleged hidden defect and in any case within one year after delivery, under penalty of forfeiture. After the aforementioned respective periods, BV Daems Giovanni is released from any liability.
- 9.2. The non-conformity cannot be caused by an accident, by not correct use or by abnormal wear. The Buyer will have to proof the hidden defect.
- 9.3. The repair will be done by Daems Giovanni BV.
After repair, there is a granted warranty for 1 year, when the item has been replaced by a new item, there is a warranty for 2 years.
- 9.4. When there is damage after normal wear or use (not under warranty), the Buyer should provide Daems Giovanni BV of clear images and a description of the necessary repair. After confirmation by Daems Giovanni BV that the item can be returned, the cost of repair will be communicated by return and revision of the item. Confirmation of that cost of repair by the Buyer is necessary before the effective repair will proceed. The cost of returning the item is for the Buyer, as well as the cost of resending after repair.
10. GOVERNING LAW
In the event of a dispute, parties will try to find an amicable solution. When an amicable solution cannot be found, the dispute will be subject to exclusive jurisdiction of the Antwerp judicial district Courts of Belgium.
The agreements concluded by BV Daems Giovanni and its customers shall be governed by and interpreted according to the laws of Belgium. The applicability of both the Vienna Convention on Contracts for the International Sale of Goods and the New York Convention on the Limitation Period in the International Sale of Goods is expressly excluded. The Belgian courts have international jurisdiction in case of disputes. Disputes shall be settled under the exclusive jurisdiction of the courts of Antwerp, division Mechelen