Article 1: Seller Identification
The eCommerce website langerman-diamonds.com (hereinafter referred to as "Site") is an electronic commerce website located on the Internet that may be accessed by any user of this network. This Site is owned by Langerman SRL, whose offices are located Pelikaanstraat 62 in 2018 Antwerp (Belgium) and is registered in the Belgian Crossroads Bank of Companies under reference n°0698.590.139
Langerman SRL is a diamond merchant registered in Belgium under n° 11115. Langerman SRLhas for over 50 years been a member of the four Diamond Merchants Exchanges of Antwerp.
Through the Site, Langerman SRL, offers to its users (hereinafter called " Users ") the possibility to purchase diamonds, the possibility to purchase diamonds, rough and polished, jewels embellished with diamonds, books and posters (hereinafter called " Products " or “Product”). The purchase contract for jewels will be concluded between the Buyer and Langerman Jewels BV, company set at Pelikaanstraat 62 in 2018 Antwerp and registered in the Belgian Crossroads Bank of Companies under reference n° 0829.770.464.
Under the present terms it is agreed that the Users and Langerman SRL will be collectively designated by the wording " Parties " and individually by the wording " Party " and that the User who has validated an order will be known as the " Buyer ". The rights and obligations of the User are necessarily and logically applicable to the Buyer.
For any further information the contact person to be reached is Stefan Langerman :
- telephone n° : +32 (0)3 225 00 28 - From 10 am to 5 pm (GMT +1).
Article 2: Object
The present general sales terms have as object to define the rights and obligations of the Parties originating in the sale of Products presented on the Site.
Article 3: Key Characteristics of The Goods Offered
The key characteristics of each Product are described in the corresponding pages of the electronic catalogue on the Site. The pictures presented with each product are provided for purely illustrative purposes and can in no way constitute a characteristic element of the product. Under no circumstances can they incur the contractual or civil liability of Langerman SRL.
Any delivered Product can on request be accompanied by a diamond certificate established by an independent gemology laboratory (such as, but not limited to GIA, ALGT and IGI), which bears a unique reference number, and describes the following characteristics: shape and cutting style, measurements, carat weight, color grade, color origin and color distribution. The clarity grade will not be included unless the client specifically asks for this, which is common practice for certification of natural color diamonds. Such a certificate shall be requested before shipment of the Product, unless the diamond is already certified. Such requests warrant between 1-10 weeks of additional time before shipping. The issuance of this certificate is made against a lump sum of 150 USD all taxes included for a GIA certificate with for diamonds below 2.500 USD, otherwise free, and 80 USD for ALGT certificates for diamonds below 800 USD, otherwise free.
The offer referred to in these present general sales terms as well as the delivery of the Products are made to any country of the world, under reservation of the confirmation of the order by Langerman SRL.
Article 4: Detailed Mention of the Price of the Good
Subject to reservation as mentioned in article 5, the price quoted at the end of the ordering process is a total price, including all fees and taxes.
The price is shown in USD ($) or EUR (€) depending on your location.
Langerman SRL cannot be held liable for mistakes or inaccuracies of the currency converter device nor for any difference that might occur between the estimated total amount of your order and the invoiced amount.
The payment is due at the time of the order. It can be made by different ways:
with your credit card Visa, MasterCard/Eurocard and American Express viaWise, Paypal, or Shopify Payments. In this instance, your order will be dealt with after due authorization, in accordance with the process described under article 8.
By bank transfer to one of our bank accounts. In this case, the Product ordered will only be shipped after reception of the full payment. It is therefore advisable to make the payment as fast as possible.
Article 5: VAT Payment Terms
TEx = Excluding taxes; TInc = All taxes included.
Unless otherwise mentioned, all prices mentioned on the Site exclude the Belgian VAT (Value Added Tax).
Shipments in Belgium:
Individuals and companies: the sale is TInc, the Belgian VAT of 21 % will be added.
Shipment to another Member State of the European Union:
- Individuals: the sale is TInc, the applicable VAT will be added.
- Companies: the sale is TEx (provided we are given a valid intra-community VAT number).
Shipment to other countries:
Individuals and Companies: the sale is made TEx and no VAT is added. Buyers will be bound to declare this import in order to conform to the laws and regulations applicable in the country where they reside. Langerman will not be held liable for any default of declaration of import from the Buyer.
Shipment to registered dealers in unmounted diamonds:
In accordance with the article 42, §4 of the Belgian VAT book, the sales of gemstones made to dealers in these goods are exempted from sales taxes insofar as they are registered as dealers in unmounted diamonds.
Article 6: Shipping Costs
Deliveries are made all over the world, under right of acceptance of the order by Langerman SRL. Langerman SRL organizes transportation through shipping companies such as, but not limited to, Malca Amit, FedEx, Ferrari and Brinks.
Langerman SRL reserves the right to cancel any orders made by a Buyer should the Shipping Company not be able to ship the Product to the country of delivery and/or destination, or if the shipping costs prove to be unreasonably expensive. The Buyer is not entitled to any indemnity in such a case. In such an event, Langerman SRL, shall reimburse the total amount paid by the Buyer.
The shipping costs are charged to the Buyer and are added to the price of the ordered Product.
Unless otherwise mentioned in the description of the product on the Site or discussed previously, shipping costs charged will be:
- Orders above $2,500: free of charge
- Orders below $2,500
- Within the EU: $90
- UK: $160
- Other locations: $180
- For orders of books and posters: $20
The packaging bears no written mention of its origins, so that its delivery remains confidential and secured.
Shipments are insured at our intervention until the moment the Buyer takes it into his custody.
In order to ensure its perfect and secured state during the shipment, all Products are carefully placed into a special box and protected by sealed packages.
Article 7: Conclusion Of The Online Contact
The User may browse through the different Products offered for sale on the Site.
The User may browse freely through the different pages of the Site without any order engagement whatsoever.
If the User wants to place an order he will have to select the different Products he is interested in and will confirm his selection by clicking on the box " Add to bag".
Any new addition in his basket will be confirmed by showing a specific screen.
At any time the User may:
- get a summary and/or edit the selection of Products by clicking on "My Basket" icon.
- edit the selection of Products and/or order these by clicking on "Checkout” in the Basket section.
The order is registered only after the information provided is confirmed as true and valid. The order is made for good after clicking on the button " Validate my order ".
The Site acknowledges receipt of the order as quickly as possible by sending an e-mail detailing the pre-contractual information as well as the order made. This notification is made by sending an e-mail to the electronic address given by the Buyer at the time he has confirmed his order.
Langerman SRL is free to accept or refuse the order in function of the availability of the Product.
The sales contract is only concluded after the written acceptance, including by e-mail, of the order by Langerman SRL.
The property of the Products stays with Langerman SRL until full payment of the purchase price by the Buyer.
Langerman SRL as a Diamond company is subjected to strict rules regarding Anti Money Laundering (AML) and checks of its clients under certain conditions. Langerman SRL reserves the right to cancel any order for which the AML assessment proves to be negative. In no event can such a decision make Langerman SRL liable for the award of any damages.
Article 8: Online Payment
The payment has to be executed within the payment terms communicated by Langerman SRL to the Buyer. For some Products, Langerman SRL may require an advance payment with the remainder of the purchase price to be paid in full prior to the shipping of the order. Langerman SRL reserves the right to cancel the sale if the payment terms are not respected, without any right to indemnification by the Buyer. Shipping will only be performed after full payment.
The payments accepted by the Site are amongst others: Visa, Mastercard, Amex, Apple Pay, Google Pay. At the time of payment, the Buyer is required to mention his card number and its expiry date. The Site cannot be held liable for any of the consequences which might result from the usage, fraudulent or not, of the credit card, including the eventual interception by a third party during the exchange of information.
Once the payment is accepted and confirmed by clicking on "Proceed to payment", Shopify will proceed with the verification of the payment and complete its processing.
Article 9: Right of Withdrawal
In compliance with the Belgian law, specifically article VI.47 of the Codex on Economic Law, any Buyer that is a consumer may notify Langerman SRL that he cancels his purchase during the 30 days following the day after which he took physical possession of the Product(s) he ordered. The Buyer must return the package with a copy of his order or his invoice within 14 days from the notification of withdrawal. Provided Langerman SRL receives the returned package, Langerman SRL will reimburse the Buyer (using the same means of payment, unless otherwise explicitly agreed upon with the Buyer), within the next 14 days, of the receival of the package payment for the Product without prejudice to application of the terms as mentioned under article 10 hereafter.
This measure is applicable to any Buyer who is protected by a similar legal protection in his country of residence.
If a Buyer makes use of this right, the terms of article 10 hereafter are applicable.
A model form is available for any Buyer who wishes to use this right of withdrawal:
Fill out the contact form completely and in the “message” field, inform us that it is a return notification. Langerman SRL is also available at the phone number +32 (0)3 225 00 28 . Do not forget to mention our invoice reference number and the invoice date. After you register your withdrawal request, you will receive from us a confirmation by email with details on how to proceed with the return address.
Should the Buyer order jewels embellished with diamonds, the Buyer recognises that the right of withdrawal does not apply to Products:
- that have been manufactured according to your specifications;
- that are clearly personal in nature;
- whose price is linked to fluctuations in the financial market over which we have no control.
As most of the jewels embellished with diamonds are the result of discussion with our sales department and are made tailored to your specifications and prerequisites, you will not be able to make use of the right of withdrawal for those Products.
Article 10: Return Terms
Returns made in application of article 9 here above will only be accepted and reimbursed or exchanged if our specialists confirm that the gemstone conforms with the Product that has originally been shipped, without any damage, modification or intervention of any kind.
The Product must be shipped back in its original packaging, complete (original of the delivered certificate, packaging, case,...), in perfect state of order accompanied by a copy of the original invoice of purchase. Hence, any Product shipped back incomplete, damaged or soiled will, in no circumstances, be accepted.
If a Buyer makes use of his right of withdrawal as described in the article 9, the costs for shipping back are of his own responsibility, as well as the costs engendered by the depreciation of the Product resulting from manipulations other than those required to establish its nature, its characteristics and its conformity. In order to establish the nature, characteristics and conformity of a Product, the Buyer must only manipulate and inspect the Product in the same way as would be allowed in a store. During the withdrawal period, the Buyer must exercise all necessary precautions when manipulating and inspecting the Product. The address for shipping back is: Langerman SRL, 62 Pelikaanstraat, B-2018 Antwerpen, Belgium. The return shipment is made under responsibility of the Buyer, and our recommendation is to use Malca Amit as the company. (Malca Amit, Hoveniersstraat 30, 2018 Antwerp, Belgium, Tel: +32 32341934, Fax: +32 32338884, e-mail: firstname.lastname@example.org). The Product should not have been used by the Buyer.
Article 11: Delivery Of The Order
Langerman SRL will make all and any reasonable effort to deliver the diamonds as soon as possible. Unless the Parties have otherwise agreed, the delivery will occur at the latest within the 30 days following the full payment of the order. This delivery term is not binding and the Buyer is not entitled to any indemnities related to late delivery.
The products are delivered to the address indicated by the Buyer during the ordering process. The transporter will only hand the products over to the Buyer with an official document proving his identity and the signature for reception of a shipping note. Moreover, in this eventuality, the delivery will only be made if and when the delivery address is identical to the address of the Buyer.
It is imperative for the Buyer to verify the package and the Product at the time of the delivery. If at the time of the delivery the Buyer notices any visible damage he has to notify the transporter by making a written note on the shipping note before signing for reception. In any such case of damage, he has to notify by email and registered letter (Langerman SRL, 62 Pelikaanstraat, B-2018 Antwerp, Belgium), his claim within the next 15 calendar days (including holidays) as of the date of the delivery (on the evidence of the stamp of the post office). After this delay no claim will be accepted.
If by special extraordinary circumstances, the Buyer does not receive his shipment within the month following his order, he is asked to inform the Langerman SRL, 62 Pelikaanstraat, B-2018 Antwerpen, Belgique - T. +32 3 225 00 28 - F. +32 3 232 03 29 - e-mail email@example.com).
Article 12: Property - Risks
The transfer of property of the Product for the profit of the Buyer will only be completed after full payment, whatever the delivery date of the said Product is. On the other hand, the transfer of the risks of loss or damage of the Product is made at the moment the Product is delivered and its reception by the Buyer. The date shown on the shipping note makes evidence for the date of delivery.
Article 13: Guarantee
Langerman SRL guarantees that the delivered Product conforms to the accompanying diamond experts report certificate.
Every Product is carefully inspected prior to transportation. The Buyer is requested to perform a similar inspection at the time of delivery. Claims must be made as defined under article 11 here above.
Langerman SRL endeavours to present the Products with the greatest accuracy. However, it is impossible to exactly reproduce the real color of a diamond on screen. Moreover, the color depends on the hardware used by the Customer. Therefore, the responsibility of Langerman SRL cannot, as far as the exactness of the color is concerned, be committed. Therefore, the documents linked to the Products are given indicatively and are not contractual. Langerman SRL will not accept nor give a guarantee for claims based on the color or description of the Product.
In no way can the Site be made responsible for delays in the fulfilment of an Order, nor for not executing it if the delay or non-execution is a consequence of a technical reason or any other reasons beyond our control. In these circumstances, Langerman SRL is allowed to reasonably postpone the delivery or to simply cancel any pending Order.
In conformity with article 1649ter of the Old Belgian Civil Code, Langerman SRL grants a guarantee for consumers for a duration of two years as from the date of delivery of the Products.
Article 14: Kimberley Process
All diamonds offered for sale on the Site comply with the Kimberley process.
Article 15: Personal Data
The Site and Langerman SRLwill hold your personal information in accordance with the Belgian law dated 30 July 2018 on the protection of individuals with regard to the processing of personal data and the General Data Protection Regulation of the European Union (Regulation (EU) ) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC). This applies to the collection and treatment of data collected through the Site as well as those recorded in the Site's files, and during all communication with Langerman SRL
Article 16: Intellectual Property
The Site and all of its elements are protected by the applicable laws governing intellectual property. They are the exclusive property of Langerman SRL. The use of the actual Site is reserved for personal use. Any public reproduction or communication of texts, pictures or any material belonging to the Site is strictly forbidden without prior written authorization from Langerman SRL. Any hypertext link directly connecting to this Site may only be established after a written consent from Langerman SRL.
Article 17: Piece of Evidence
The electronic files recorded in the information system belonging to the Site in reasonably secured conditions are the pieces of evidence for any communication, orders and payments occurring between the Parties.
The filing of the purchase orders and the invoices is made on a reliable and durable support that can be used as a piece of evidence.
Article 18: Complaints
You can at all times contact Langerman SRL should you wish to voice any complaints. Our Customer Service will try to find a solution to your complaint as soon as possible.
As a consumer, you can also appeal to the Consumer Ombudsman Service in this regard. The consumer has the possibility of submitting an application for mediation via the Belgian reporting platform of the Federal Public Service Economy https://meldpunt.belgie.be/meldpunt.
you can also submit a complaint online to the European Commission at any time at https://ec.europa.eu/odr/ .
Article 19: Acceptance Of The General Sales Terms
The present general terms are applicable to any offers, sales, purchases and related processes whatsoever occurring between the Parties.
Therefore, by ordering and/or concluding any kind of contract the User explicitly and irrevocably recognises having had the possibility of consulting the present terms and conditions. Moreover, the User accepts their implementation without any restriction. The general or special terms of the User will never be applicable unless a prior, specific and written agreement has been given by langerman-diamonds.com.
Langerman SPL invites the User to take notice of the general terms and to accept them by clicking on " I Agree " below the pages of the general terms and by so doing to proceed with the treatment of his purchase. If the User does not comply with this obligation he will not be allowed to process the payment of his purchases.
The general terms are available in three languages [French/Dutch/English]. Not acquainting himself of the general terms of langerman-diamonds.com in his mother language does not exempt the User of their full implementation.
The User wishing to purchase from this Site declares that he has the entire legal capacity to do so.
Article 20: Applicable Law and Qualified Courts
The present general and sales terms are written under the ruling of the Belgian law. The Parties agree that any litigation relating to the present general terms will solely be of the competence of the Courts of Brussels.