Terms & Conditions

Preamble

These General Terms and Conditions of Sale apply to any order placed by a consumer for products offered for sale on the website www.louh.be (hereinafter “the Site”) by the limited liability company LOUH SRL, registered with the Crossroads Bank for Enterprises under number 0749.6594.51. 

Article 1 – Subject matter

On the Site, LOUH SRL offers jewellery (hereinafter the “Products”) for sale to internet users browsing the Site (hereinafter referred to as “Customers”).

Customer shall mean a natural person of full age or having at least the legal capacity to enter into contracts and acting for purposes which are outside his trade, business, craft or profession. These General Terms and Conditions do not apply to professional buyers. OR: Professional buyers are not allowed to order on this site. Any Product order placed on the LOUH site is subject to these General Terms and Conditions of Sale. 

LOUH SRL  reserves the right to amend these General Terms and Conditions of Sale at any time by posting a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the day of the order.

Article 2 – Price

The prices of our products are indicated in euros, all taxes  included (VAT and other taxes applicable on the day of the order) excluding shipping fees.

The price is payable in full, in one single payment. The products remain the property of LOUH SRL until the price has been paid in full. 

We ensure that product prices and delivery charges are correct at the time the relevant information was entered into the system. However, despite our reasonable efforts, it is always possible that the price of some of the products offered may not be correct. If the price of any of the products you order or the delivery charges are inaccurate, we will contact you as soon as possible to inform you of the error and inform you of the correct price.

Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. 

When ordering from a country other than Belgium, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of LOUH SRL. They shall be borne by you and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to contact your local authorities to find out more about these aspects.

Unless stated otherwise, the prices displayed on the site are inclusive of VAT at the Belgian rate.

- Shipping to Belgium: the sale is inclusive of VAT at the Belgian rate of 21%.

- Shipping to another country of the European Community: the sale includes VAT at the Belgian rate of 21%.

All orders regardless of their origin are payable in euros.  

LOUH SRL reserves the right to change its prices at any time, but the product shall be invoiced on the basis of the price in force at the time the order is confirmed, subject to availability.

Article 3 – Orders

The products offered for sale on the LOUH website are vintage and new jewellery.

We make every effort to ensure that the information, including product descriptions, dimensions and colours, provided on the LOUH website is accurate and complete. However, please note that colours may differ from the images presented on the site due to the resolution or screen settings of your computer / device.

The Platform ordering process will include the following steps:

1. ADD TO BASKET: Once you have chosen your product, you can put it in your basket.You can then decide to continue shopping and add it to your basket (subject to availability  an quantity limits). Putting an item in your basket does not guarantee its availability at the time of purchase, which is only confirmed once you have received written confirmation of order and shipment.
2. VALIDATION OF PURCHASES: when you have filled your shopping basket, you pass to “validation”. Youcan also delete from the basket one or more products that you have selected during the validation process.
3. DELIVERY, VERIFICATION AND PAYMENT: During the validation process, you add ans check your order details and personal information (including electronic mail address, shipping address, invoice address and payment information). You must carefully check and confirm all details appearing on the order summary page before placing your order.
4. ORDER CONFIRMATION AND SHIPPING: We will send you an Order Confirmation and Shipping Confirmation in writing (by e-mail or otherwise) when we ship your order. This Order and Dispatch Confirmation constitutes acceptance of your order by us and indicates the existence of a binding contract of sale.

We reserve the right, for any reason, to refuse, cancel or terminate orders at any time on reasonable grounds. 

Once the order has been confirmed on the site, the user acknowledges that his agreement constitutes an unequivocal and irrevocable commitment, but also entails the acceptance of these Terms and Conditions of Sale: the sale is considered complete, and the price is due immediately by the Customer. 

MIAGI reserves the right not to register a payment and not to confirm an order for whatever reason, and more specifically in case of a supply problem or in case of a problem with regard to the order received. 

Orders will be processed subject to our available stocks or to stocks available from our suppliers. If an item is unavailable for a period of more than 30 working days, the customer shall be notified immediately of the expected delivery timeframes and the order for this item may be cancelled upon request, in which case the Customer may request a credit for the amount of the item or a refund.

Article 4 - INTERNATIONAL ORDER

"International Order” means an order in respect of which the shipping origin and the shipping destination are in two separate countries.

It is your responsibility to comply with all requirements imposed by local customs authorities in relation to your order (including requirements regarding the provision of identification information in order to receive your order). We recommend that you make yourself aware of local import duties and any other requirements before placing your order. Miagi is not responsible should local customs officers confiscate your products or charge any import duty on your products.

Article 5 – Payment terms

Confirming your order implies that you shall pay the indicated price.  

The price owed by the Customer is the amount indicated on the detailed order form which the Customer has read before confirming the final order. 

The Customer can choose to pay for his purchases: 

• online at the time of ordering, using debit or credit card (Bancontact, Visa, MasterCard or American Express);
• online at the time of ordering, using PayPal. 

To pay for his order by debit or credit card, the Customer shall provide his debit or credit card number on the Site, along with its expiry date and the cryptogram number (3-digit number on the back of his debit or credit card). These data will be encoded on the servers hosting the Site, by using the SSL security standard.

The card will be charged at the time of the order. In any event, the amount debited corresponds to the Product(s) actually delivered.

Please note that in order to pay by debit or credit card, the Customer will be automatically redirected to the electronic payment server MOLLIE.

By providing his bank details during the sale, the Customer authorizes LOUH SRL to charge his card for the amount of the indicated price. The Customer confirms that he is the rightful owner of the card to be charged and that he is legally entitled to use it. In case of a technical error, or if the card cannot be charged, the Sale is automatically rescinded and the order cancelled.

In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment or refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified in writing. 

The website shall not be held liable for the consequences of the (fraudulent or other) use of the credit card which might be made by third parties, including through intercepted messages.

Article 6 – Deliveries

The Customer can choose to either have the Product delivered to his home address or to the designated location.

Once your order has been processed and confirmed,  LOUH SRL will email you with the relevant courier name and courier tracking number (in the 3 working days).

For security, all our products are sent by secure courier delivery, where original photographic proof of identity (such as a passport or identity card) and signature are required on delivery to show that the person taking receipt of the order is the same person named in the order details. 

We will use reasonable efforts to ensure that delivery is made by the carrier within the estimated delivery time from the day following payment of the order. 

In Belgium, the order will be delivered within 2 to 3 days from the day following the order and in any case within a maximum of 30 days. 

Abroad, the order will be delivered within 3 to 7 days from the day following the order and in any case within a maximum of 30 days. 

All deliveries are carried out by FEDEX, DHL, UPS, for Belgium and for all other countries.

Delivery costs are not indicated on the "products" pages but will be added to the product price after you have chosen your delivery options. When you are asked to confirm the order, a summary of the charges will be provided. 

Delivery charges are as follows:

• Free delivery to Belgium 
• 30 Euros for all other European countries

Products are delivered on working days only (no deliveries will be made on weekends). The Customer is informed that any order placed on the site on Friday afternoon will not be processed until the following Monday.

In the event of a shipping delay, you will receive an e-mail to inform you of the possible impact on the delivery timeframe indicated to you.  

Upon receipt of the product, a 3-day period (from the day of delivery) will be granted to the customer in case of an issue with the delivered product. Any complaints are sent by e-mail to contact.louh@gmail.comor by call at 0032 485 47 47 44.  

LOUH SRL would like to point out that as soon as the Customer takes possession of the products, the risks of loss or damage to the products are passed on to him. It is up to the Customer to notify the carrier of any reservations as to the delivered product. The transfer of risk takes place when the product is delivered to the user, if it concerns an individual customer (consumer within the meaning of the Belgian Act of 6 April 2010 on Market Practices and Consumer Protection). 

In respect of International Orders, you own the goods once you pay for them.

Article 7 – Right to withdraw

In accordance with the law, the consumer has the right to notify LOUH SRL that he renounces his purchase, without penalty and without giving any reason, within 14 days from the day after the day of delivery of the product. This right of renunciation does not apply to professional buyers. 

Within this timeframe, the consumer shall notify his intention to renounce by sending an e-mail to contact.louh@gmail.com. We will let you know the address to which to send the parcel. 

For returns from Belgium, delivery costs will be paid by LOUH SRL. For international returns, you will be responsible for the return shipping costs. LOUH SRL will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. 

You will need to provide us with the parcel tracking number, by email or WhatsApp. Alternatively, you can return items in our office by filling the online contact form in. 

The products must be returned in their original packaging, undamaged, along with all their accessories, as well as the invoice/delivery note/original certificate of authenticity. The Products must not have been worn, damaged, impaired or soiled by the customer, or they will not be taken back. If the returned ring is a ring that has been made to size free of charge, we will deduct from the refunded price the making to size for a fixed amount of 40 Euros. 

Once your return is received and inspected, we will send you an email the same day to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied original method of payment, within 7 working days. However, we will not be liable for any fee charged by your bank or financial institution in respect of any refund.

According to the Belgian Act on Market Practices and Consumer Protection of 6 April 2010, since the  customisable products sold in person (at the office) are manufactured according to the wishes of the consumer, the latter neither has the right to renounce the purchase (right to withdraw), nor to return or to exchange the products.

Article 8– Liability

The information available on the Site is for general information only.

LOUH SRL takes great care in spreading complete, accurate information but cannot guarantee the accuracy, precision or completeness of the information made available on the Site and shall in no way be held liable for any error or inaccuracy on its Site, and there can be no assurance that the use of its Site does not infringe third party rights. Any use of the Site is made at the user’s own risk.

If the customer proves the existence of gross negligence or fraud on the part of the seller, the compensation for damage caused to the customer will only include material damage resulting directly from the seller's fault. This compensation may not exceed 75% of the amount actually paid by the customer at the time of the order. 

LOUH SRL declines all responsibility:

• for any imprecision, inaccuracy or omission related to the information published on the Site.
• for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information published on the Site.
• In the event of erroneous communication of data or in the event of an order placed on its behalf by a third party. 
• with regard to the technical functioning of its Site, and in no way guarantees the total absence of viruses or other harmful elements on its Site and on the servers allowing access to it. If the use of the Site or its contents causes the user any nuisance forcing him to repair or replace equipment, materials or databases, LOUH SRL shall not be liable for the costs incurred by such operations.
• Delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of total or partial strikes notably of the postal services and means of transport and/or communications).
• In the event that the Customer is not satisfied with the associated services he has requested, in particular the texts engraved at his request.
• For additional taxes to be paid and any restrictions depending on the country to which the package is delivered. The consumer is under the obligation to inform himself about any restrictions and/or customs duties that may exist.

The customer also accepts the fact that the seller saves any communication made between these two parties in order to have proof in the event of a dispute. 

Article 9 – Intellectual Property

All elements of the LOUH site are and remain the exclusive intellectual property of LOUH SRL. Any total or partial reproduction, modification or use of these goods for any reason is strictly forbidden.

Article 10 – Warranty

The seller is obliged to guarantee the products sold if there are hidden defects that make the product unusable. If the defect would not have been present, then the customer would not have purchased the product. This only applies to hidden defects of which the seller was aware but did not inform the consumer during the selling process. 

In the event that the consumer proves the hidden defect, he will have the choice to keep the product in exchange for a partial refund or he can return the product to us in exchange for a full refund. 

The seller is not obliged to guarantee its goods against visible defects that the consumer should have been aware of at the time of purchase. 

The sales invoice is the guarantee certificate that will be used for the partial or total reimbursement of the product. Without this proof of purchase, no reimbursement can be made.

There is also the guarantee imposed by the European directive of 1999/44/CE which states that the seller guarantees the product sold for a period of 2 years if there are defects in the product at the time of delivery and that this defect has appeared within 2 years from delivery. 

This guarantee includes the replacement or repair of the defective product at the expense of the seller. If, due to non-stock or excessive replacement that would impact the consumer or the product, it is not possible to change the product, then the seller will be responsible for sending compensation to the consumer.

The consumer is obliged to notify the seller within 2 months of the consumer becoming aware of the defect. 

This guarantee does not apply if the defect has appeared as a result of incorrect use, non-existent maintenance, an external cause or any other reason that is not advised by LOUH SRL.

In order to be able to benefit from this guarantee, the customer must be in possession of his purchase invoice. 

Article 11 - Availability

The images used to show a product are not systematically updated. We make every effort to find identical stones (size, diameter, colour). However, each stone is unique and this implies that each product is then unique in turn. The product descriptions correspond to the product you will receive but the image will not be changed for each new production of the same jewel. This only applies to jewellery with standard size stones. 

All complaints must be made in writing within 14 days of receipt of the product. If the complaint has not been made within this period of time, it will not be taken into account and the consumer will have definitively accepted the order. 

Article 12 - Applicable law and dispute resolution

The seller, LOUH SRL,  has determined that these General Terms and Conditions of Sale are governed by Belgian law. In the event of a dispute, Belgian law is applicable and the Brussels courts shall have exclusive competence.

In the event of a dispute, LOUH SRL  and the Customer undertake to seek an amicable solution before taking any legal action.