GENERAL TERMS AND CONDITIONS
1. General – The legal relationship between Codeville SRL
(Codeville, Desguinlei 90/5G, 2018 Antwerp,
CBE/VAT nr. BE 0789.730.052,
www.codeville.com,
tel.: +32 (0)494 141 829,
e-mail: contact@codeville.com)
and the customer is exclusively governed by these general conditions unless otherwise agreed in writing and mutually recognised. The general terms and conditions apply to every offer by Codeville and all agreements with it and remain in force until all obligations have been fulfilled. They are always available on the website: https://www.codeville.com and should be read together with our Privacy Policy, which is also available on the website. Each order is subject to the conditions and prices mentioned on the website at that time or communicated to the customer. By every order and purchase of services or products from Codeville, whether or not via our website, the customer confirms that he or she has read and accepted these general terms of use and sale. These conditions may be amended and modified by Codeville. The general terms and conditions of our co-contractor are expressly excluded. By placing an order or signing a contract with Codeville, the customer expressly waives its own general terms and conditions (if any). If one of these conditions is not valid for any reason, the remaining conditions shall continue to apply unaffected.
2. Information and offers – Codeville operates as a designer and manufacturer of jewellery. The information provided by Codeville, which is publicly available (including through the website), is general and is subject to updates and/or modification. The information itself is, in principle, not adapted to personal or specific circumstances. The colours, shapes and/or materials displayed on the website may differ from the actual colours, shapes and/or materials. No rights can be derived from apparent misprints or typographical errors in (online) catalogues or price lists. Codeville reserves the right to change the characteristics of its services and products. All offers of Codeville are made without obligation. The offers are based on the currently prevailing prices and rates that are abided by Codeville. If these change, Codeville reserves the right to adjust its prices proportionately. The offers of Codeville shall not be binding for Codeville unless they were signed by the customer or otherwise unmistakably accepted, the customer has identified himself adequately, and Codeville subsequently confirmed the offer. Codeville confirms the orders via the website and their payment via e-mail to the e-mail address provided by the customer via the website. Each accepted offer q. order entails an obligation of payment for the customer. The customer’s confirmation of the order via the website constitutes acceptance of the order at the stated price. This confirmation by the customer is valid as a signature and explicit acceptance of all transactions via the website.
3. Orders, prices and availability – The contract will be concluded as soon as the customer has accepted the offer and the general terms and conditions. The prices are VAT included and of shipping and handling costs excluded, which depend on the country to which the products must be shipped and are added to the price of the products. They are communicated to the customer during the payment process on the website.
Additional handling costs are charged for some orders. Any other services that are not directly the subject of the order will be invoiced separately. Prices may be subject to fluctuation, but the products are invoiced based on the prices in force at the time of placement of the order as indicated on the website or as otherwise determined or agreed between Codeville and the client. If a product is incorrectly priced on the website, Codeville will contact the customer in writing as soon as it becomes aware of the incorrect price. The customer can continue to purchase the products or cancel the order under the cancellation procedure set out in Article 5. In this case, the order will only be processed after Codeville has received the customer’s instructions within five days from the time Codeville has notified the customer. If Codeville does not receive a response from the customer within the period mentioned above, Codeville shall treat the order as cancelled and notify the customer accordingly.
The customer will bear any increase in the VAT rate (or other applicable taxes) between the order and its execution. The offers and prices of Codeville are valid as long as they are visible on the website. Codeville processes the orders placed as long as stocks last and within limits stated in these conditions. Codeville cannot be held liable for the unavailability of a product. Codeville reserves the right to refuse orders, including when the products are unavailable or when a severe suspicion of abuse of law or bad faith on the part of the customer.
4. Shipments, deliveries and acceptance – Codeville delivers the ordered services and/or goods at the time, place and under the circumstances specified in the confirmation of the order and only after full payment of the price unless otherwise agreed. Delivery periods are approximate and are given purely as an indication. Any delay cannot give rise to compensation or dissolution of the agreement by the customer. Orders are shipped via insured transport as indicated in the order confirmation and at the expense and risk (including storage, loading, transportation and unloading) of the customer. Deliveries are made to the delivery address specified by the client when placing the order. Codeville is not responsible for problems with the delivery that result from incorrect or incomplete address data provided by the customer.
Upon delivery/collection, the customer will check the packaging for any damage. If the products are damaged, the customer may not accept the delivery and must notify Codeville immediately, no later than eight (8) calendar days after receipt via e-mail contact@codeville.com. Failing this, the delivery shall be deemed to have been accepted. After notification, Codeville will give the customer the necessary instructions regarding the damaged products.
Codeville reserves the right to make partial deliveries of the ordered products, for example, when a part of the order is delayed or unavailable. In case of partial delivery, Codeville will inform the customer.
5. Withdrawal – The provisions of this article apply only to customers who place an order for a product with Codeville via the website in their capacity as consumers. In this case, the customer has only the legal right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days from the day on which the customer or a third party designated by the customer and not being the carrier, takes physical possession of the product (if the delivery of a product consists of several parts or shipments, the withdrawal period shall start as soon as the last shipment or part has been put in the customer’s possession). To exercise the right of withdrawal, the customer will inform Codeville by an unequivocal statement (registered mail or e-mail or using the model form provided on the website https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf) of the decision to withdraw from the contract. To meet the withdrawal deadline, the customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period expires. The customer will return or hand over the product to Codeville or a third party designated by it without undue delay and in any case not later than 14 calendar days from the day on which he has communicated his decision to withdraw from the contract. The direct costs for returning the product will be charged to the customer. If the returned product has lost value in some way (e.g. due to damage), Codeville reserves the right to hold the customer responsible and to claim compensation for any loss of value of the goods resulting from the customer’s use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product. Only the product in its original packaging, together with all accessories, certificates, manuals and invoices, or proof of purchase, maybe taken back. If the customer withdraws from the contract, Codeville will refund the customer all payments received from the customer up to that point in time concerning the returned product. Codeville will wait with the refund until it has obtained all goods back in the case of sales contracts. If as a result of the customer opting for a method of delivery other than that proposed by Codeville, additional costs are incurred, these will not be reimbursed by Codeville.
This right of withdrawal will not apply to the delivery of a product manufactured according to the customer’s specifications (e.g. custom-made or on specific demand according to the design of Codeville) or which are intended for a particular person.
6. Warranty – Customer is entitled to a two-year statutory warranty. The statutory warranty covers any defect or lack of conformity of the products that manifests itself within two years from the delivery date. The customer must inform Codeville about the defective products via e-mail contact@codeville.com within a reasonable period after the defect has become known or could reasonably have become known to the customer. If a defect arises within the statutory two-year warranty period, the customer shall follow the procedure set in Article 5. After the return of the defective product, Codeville, at the customer’s discretion, will send the customer a new product or repair the product, and bear all costs associated with the exchange/repair of the products. The product can only be replaced and delivered insofar as it is still available/in stock at the suppliers of Codeville. If the repair or replacement is not possible or cannot be carried out within a reasonable time, the consumer will be entitled to terminate the contract and Codeville will refund the price in accordance with Article 5. If the consumer has purchased the product as a gift, the customer has the right to transfer the warranty period in whole or in part to the beneficiary without the consent of Codeville.
7. Complaints procedure – If the customer has complaints, he can contact Codeville at the e-mail address contact@codeville.com who will make every effort to find a satisfactory solution. If it is not possible to settle the dispute amicably, the customer who is a consumer may also contact the Belgian
“Consumentenombudsdienst” (www.consumentenombudsdienst.be). The customer may also submit his complaint to the online dispute resolution platform made available by the European Union, http://ec.europa.eu/odr (ODR). For Belgium, the point of contact for the ODR is the European Consumer Centre, located at 1060 Brussels, Hollandstraat 13 (odr@eccbelgium.be, Tel. +3228923712).
8. Invoicing and Payments – As a general rule and beyond, invoices or payment requests from Codeville are payable to the account number IBAN: BE82 7340 6150 3968, BIC:KREDBEBB no later than the due date indicated on the invoice or payment request. The payment must mention the invoice number, if applicable. Orders via the website must be paid immediately upon ordering in one of the ways proposed with the order via the website.
If the Customer fails to pay the invoice within the agreed payment period, Codeville shall send a reminder free of charge. In case of non-payment within fourteen (14) calendar days after sending the reminder, interest on arrears will be due at the reference interest rate increased by eight percentage points as referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payments in commercial transactions. In addition, a fixed compensation will be charged of:
– 20 EUR if the balance due is less than or equal to 150 EUR;
– 30 EUR plus 10% of the balance due if this balance is higher than 150 EUR and lower than or equal to 500 EUR;
– 65 EUR plus 5% of the balance due if this balance is higher than 500 EUR, but with a maximum compensation of 2,000 EUR.
If the customer is declared bankrupt or in collective debt settlement, Codeville reserves the right to unilaterally terminate the contract without notice of default and prejudice to Codeville’s right to compensation.
Codeville reserves the right to adjust the method of invoicing in general or according to the customer’s needs. The customer agrees in principle to electronic billing and electronic communication by Codeville.
9. Retention of title – All products delivered by Codeville, even if incorporated, remain the property of Codeville until full payment of the price, i.e. the principal amount increased by any interest, costs and taxes. As long as full payment has not been made, the customer will not be entitled to use, sell, pledge, or use security for third parties.
10. Liability – Without prejudice to mandatory legislation and except in the event of intentional fault, fraud or deceit on the part of Codeville, Codeville shall not be liable for compensation for any damages arising directly or indirectly from the services or products supplied or sold by Codeville. Codeville is not responsible for errors committed by subcontractors. Should the liability of Codeville’s be established, the liability is limited to direct and material damage, excluding, among other things, loss of profit, loss of turnover, loss of income, production restrictions, administrative or staff costs and/or claims by third parties. The liability of Codeville will, in any case, be limited to the replacement of the delivered goods, to the refund of the invoiced amount per delivery or the coverage limit of the liability insurance, less any costs incurred. Codeville will not be liable for force majeure, accident, or shortcomings of the customer, such as misuse or mishandling or an act of the customer or a third party. Only the customer is liable for the specific use he makes of the products sold and/or the purposes he uses them. A product sold by Codeville with a defect accepted by it will be replaced or repaired as appropriate. If the repair costs are disproportionate, Codeville reserves the right to replace the product with a similar item or refund the customer minus expenses.
11. Disputes and jurisdiction – All agreements between the customer and Codeville are exclusively governed by Belgian law. In the event of disputes arising from the agreements between Codeville and the customer concerning the use of the services of Codeville, the purchase of Codeville products and/or the application or interpretation of these general terms and conditions or the agreement between Codeville and the customer, only the courts of the judicial district of Antwerp, division Antwerp will have jurisdiction. The non-claiming of a right or the non-application of a sanction by Codeville will never constitute a waiver of right.
12. Intellectual rights – The goods, services and designs contained therein supplied by Codeville as well as the content and all parts of the Codeville website (including trademarks, logos, designs, drawings, data, product and/or company names, texts, images, software, etc.) are protected by intellectual rights (including copyright and trademark law) that belong to Codeville or to third parties who have granted Codeville permission to use them. The client will not be entitled to any reason whatsoever to modify, copy, distribute, transmit, distribute, resell, reproduce, publish, assign under licence, transfer or sell any information or content obtained or to create derivative works from the elements above. The supply of goods or services by Codeville does not imply any transfer or assignment of its intellectual property rights. No automatic link between the Codeville website and any other website, or any link that automatically links back to the Codeville website, will be permitted for any reason or in any manner whatsoever without the consent of Codeville. Any infringement of intellectual property rights may be prosecuted under civil and criminal law under applicable law. Codeville is entitled to display images of products created on specific customer demand according to the design of Codeville on the website, or the page of Codeville on social media (Instagram, Facebook) compile a portfolio.