Article 1 : Legal notice – Identification of the seller
1.1. The site MAKFERO is an e-commerce website accessible via the Internet, open
to any user of this network (hereafter “ the Site”) . It is published by the company
GUZANA CONCEPT SRL, having its registered office at 744, Chaussée de
Waterloo, 1180 Brussels (Belgium), registered for VAT under the number BE-
0729.611.630.
The Site is hosted by : Guzana Concept SRL
The contact phone number is : 00 32 471 52 20 43
The contact e-amil is : info@makfero.com
The site MAKFERO sells original creations (hereinafter referred as “Products”) to
web browsing users of the Site (hereinafter referred to as “Users”). For the purposes
hereof, it is agreed that the User and the Company GUZANA CONCEPT will
collectively be referred as the “Parties” and individually referred as “Party”, and that
the user that has validated one order will be referred to as the “Buyer”. All the rights
and obligations of the User apply immediately to the Buyer.
Article 2 : Object
These terms and conditions are intended to define the rights and obligations of both
Parties arising from the sale of products offered on the Site.
Article 3 : Essential characteristics of the products proposed
3.1. The key features of each product are described in the relevant pages of the
electronic catalog on the Site. Pictures of the products offered on the site are not
contractual and do not engage any liability of the Site.
Furthermore, the weights relating to the Products (gold, stones and diamonds) are
given as examples – the Products sold may therefore differ from the Products
displayed on the Site
3.2. Certificates: all diamonds that we supply come with a diamond certificate from an
independent gemological laboratory (such as the International Gemological Institute –
IGI, Hoge Raad Voor Diamant or “Diamond High Council” -HRD, and the GIA –
Gemological Institute of America), which describes their own characteristics and has
a unique reference number.
Article 4 : Price
4.1. The prices of our Products are in Euros and only the payments in Euro are
accepted.
4.2. Payment is due immediately upon ordering. It can be made in several ways:
With your Visa, MasterCard / Eurocard, via Paypal. In this case, the order will
be processed after receiving authorization Paypal under the procedure of
Article 8.
By manual transfer to our account
IBAN : BE21 3631 8909 7803
BIC : BBRUBEBB
In this case, the ordered Product will be shipped upon receipt of payment.
4.3. In the case of an order for a customized Product, the Purchaser will be asked to
pay a deposit of 35% of the price, corresponding to the original design of the Product.
If the original design is not accepted, MAKFERO shall be entitled to ask the
Customer to pay for the hours worked on the design at an hourly rate of € 75
excluding VAT.
4.4. An invoice will be issued by the Site. The Buyer shall specify the address to
which the invoice is to be sent.
4.5. MAKFERO reserves the right to modify its prices at any time without prior notice.
The already ordered Products will maintain the same price and will be charged
accordingly to the price that the product had at the time of the order.
Article 5 : Payment of VAT
Unless otherwise stated, the prices quoted on the website include already the
Belgian VAT.
Shipping in Belgium :
To individuals and companies : the prices are in TTC, the Belgian VAT of 21% is
already included in the price
Shipping in another member country of the European Community :
To individuals : the prices are in TTC, the Belgian VAT of 21% is already included in
the price.
To companies : The sale is HT (conditionally provide us with a European VAT
compliant number).
Shipping to other countries :
To individuals and companies : the sale is HT without VAT. However, it is your
responsibility to declare such importation, in order to meet the tax regulations of your
country of residence.
Article 6 : Shipping costs
6.1. Deliveries are made to the whole world. The shipping costs will be borne by the
Purchaser and are added to the price of the ordered Product.
6.2. Products are sent by regular postal service or carrier. MAKFERO disclaims any
liability for any delayed delivery due to the postal services or the means of transport,
in case of loss of the ordered products ordered or any strike. The risks of the
transport are borne by MAKFERO.
Delivery charges are calculated automatically when you set up your shopping cart
and appear in the final amount when you complete your order.
When we have processed your order and processed the transmission of parcels we
will send you the number of your package.
All customs charges incurred are the responsibility of the customer. In case of loss or
damage to the product during transport, the customer must notify the carrier as soon
as possible.
Article 7 : Conclusion of contract online
The user declares :
To be at least 18 years-old and have the legal capacity to make and honor any
order or to possess a legal capacity of a parental authorization allowing the
user to make and to honor all order, and to justify it at any moment by our
demand
To be a natural person acting in the course of his/her personal needs
(especially in the sense that any order you make must meet the normal needs
of an individual).
7.1. MAKFERO acknowledges that the purchase is done only if all the following steps
are followed :
Step 1: You must enter all the data that are requested to you, namely :
Your name and first name
Your contact information (phone and email)
Your exact billing address (For security reasons, we ask you the billing
address that is registered by the institution issuing your credit card, to protect
you from any possible fraudulent use)
Address of the delivery
Your method of payment.
Step 2 : to validate your order, you must :
Review the data you have entered and correct any errors
Check the box confirming that you have read and that you accept without
reservation the conditions of sale
Click “OK”.
Step 3 : After confirming your Order, you must still confirm it again by precaution. For
this purpose, you must :
Click on “confirm”.
At any time, you can :
Obtain a summary of your selected products on the top right of your screen
Continue your selection of products by clicking on other items in the site
Completing your selection of products and order these products by clicking on
the cart icon at the top right of the site.
7.2 The Site acknowledges the receipt of the order as soon as possible and an email
detailing the purchases will be sent to the email address provided by the Buyer in the
order confirmation.
7.3. MAKFERO is not bound by the order before the date of this email. MAKFERO
reserves the right to refuse any order, without liability on its part for matters of just
cause, especially if there is doubt or a dispute over payment on a previous order.
7.4. When entering the order, the Purchaser is informed of the availability of the
Product. If the order cannot be fulfilled, the Site shall inform the Buyer as soon as
possible. The Buyer may request as well to be notified by e-mail on the product
availability.
Article 8 : Online Payment
8.1. The Site has opted for payment by credit card via the secure payment system
Paypal to encrypt all of your data related to the use of the card during the payment
transaction online via the Site.
8.2. The following cards are accepted for payment by the Site : Visa, MasterCard /
Eurocard. Upon payment, the Buyer must provide his credit card number and expiry
date of the card. The site cannot be held responsible for the consequences of any
use (fraudulent or otherwise) of the credit card that would be conducted by a third
party especially in case of interception of messages.
When paying, the Buyer is directed to the secure site Paypal ipay for the entire
payment transaction. This mechanism ensures the privacy of payment (including
credit card numbers). Thus, at any time, the Site is not aware of the number of credit
card Buyer: only financial institution receives encrypted information.
Once the payment is accepted and confirmed by clicking “proceed with the
verification and payment of your order”, Paypal verifies the completion and online
payment. Regarding the payments made by Belgian residents, these payments will
be acquired by the Site at the expiration of the period of 14 days referred to in Article
9.
Article 9 : Deadline for cancellation of order/return of the product
9.1. Under Belgian law, any Buyer established in Belgium shall be entitled to notify
the Site that he renounces to its purchase within fourteen working days from the day
after the delivery. The concerned Buyer must return the package with a copy of the
order or invoice. The Site will refund the Buyer within 30 days, of the Product price
without prejudice to the application of the terms of Article 10.
This provision shall apply to any Buyer enjoying the same protection in their country
of residence.
If the Buyer exercises this right, the terms of Article 10 shall apply.
9.2. Products that have been, at your request, costumed or with specific demands
cannot be refunded or exchanged, with the exception of the size of the rings readjust.
Article 10 : Conditions for recovery
10.1. The product returns under the section 9 above will not be accepted if they are
damaged and will only result in a refund or an exchange if our specialists confirm that
the product is consistent with that which has been sent, without damage, modification
or intervention whatsoever and provided that the Product has a manufacturing defect
and/or does not correspond to the specifications as advertised on the Site.
The product must be returned in its original packaging, complete (original certificate
provided, packaging, case, manuals …), in perfect conditions and accompanied by a
copy of the original invoice. Thus, if the Product is returned incomplete, damaged or
soiled it will not be taken, refunded or exchanged.
In addition, products that have been by your demand customized or specifically
changed (including the frame which have been engraved or whose (s) diamond (s)
shall (are) made the subject of a laser inscription or other outside certificate number)
will not be refunded or exchanged.
10.2. If the Buyer exercises the right contained in Article 9, the cost of return to the
sender is of the Buyer. The return address is GUZANA CONCEPT SRL – Chaussée
de Waterloo, 744 -1180 Brussels – Belgium. The recovery is at the risk of the
Purchaser and the product must not have been used by the Buyer.
10.3. In case of an exchange, if the new order is of a greater amount than the order
to be exchanged, the user must join the exchange request payment of the difference.
By the contrary, if the amount of the exchange is less than the amount of the order,
the user will receive the same conditions as mentioned above a refund of the
overpayment.
Article 11 : Delivery of property
11.1. MAKFERO will do all that is reasonable to deliver Products in a timely manner.
Unless the Parties agree otherwise, the delivery takes place no later than 30 days
from the day after the Buyer has forwarded his order.
11.2. The Products are delivered to the delivery address specified by the Buyer
during the ordering process.
11.3. The buyer must check the package and product delivery. If upon delivery, the
Buyer finds apparent damage in the product or that the transport box is open, it must
be seen immediately and noted on the waybill before signing off for the reception. In
any event, it must, if visible or hidden damage, notify via email and mail to GUZANA
CONCEPT SRL, Chaussée de Waterloo, 774 – 1180 Brussels – Belgium, his/her
claim within 15 days (including holidays) from the date of delivery (date of postmark).
After this period, no claim will be admissible.
11.4. If the Buyer does not receive the delivery in the month following his order, he is
requested to notify the Seller.
Article 12 : Property – Risks
The transfer of ownership of the product in favor of the Purchaser shall be made only
after full payment by the latter, and regardless of the date of delivery of the product.
However, the transfer of risk of loss and damage to the product will be made upon
delivery and receipt of the Product by the Purchaser. The date on the bill of lading is
the evidence of the delivery date.
Article 13 : Guarantee
13.1. MAKFERO guarantees that the Product delivered is in accordance with the
accompanying certificate.
Each product is carefully inspected before shipment. The Buyer must make a similar
inspection at the reception. Claims must be made in accordance with Article 11.
13.2. The Site seeks to describe and to present the products with the greatest
accuracy. However, it is impossible to accurately reproduce the screen the actual
color of products, most of the color visualization depends on the hardware used by
the client, as the responsibility of MAKFERO shall not be instituted in the reliability of
the colors. Documents related to the product are therefore for illustrative purposes
only, and are not contractual. The Site does not accept claims or grant security for
reasons of dissatisfaction with the colors and descriptive.
13.3. MAKFERO will under no circumstances be liable for any delay in the execution
of an order or for any breach of an order if the delay or failure was due to a technical
or other reason beyond its control. In this case, the site is entitled to delay within the
reasonable and necessary transportation and delivery or just cancel any order.
13.4. No claim will be sent and no warranty is granted beyond the period stipulated in
Article 11.
Article 14 – Repair and Maintenance
14.1. If a Product is damaged and the warranty period is exceeded, you can return it.
The return shipping will be your responsibility. Before sending us your product,
please inform us by email (info@makfero.com) so we can tell you the compensation
amount.
14.2. We remind you that MAKFERO uses noble metals, precious stones and high-
quality leathers. They are treated in the tradition of jewelry.
Article 15 : Personal data
15.1. The Site complies with the Belgian law of the 30th of July 2018, concerning the
processing of personal data for all treatments and data collection in Belgium via the
Site and included in the files of the Site.
15.2. Under this law, each user has the right to view, delete, modify or correct their
own data. Consultation, deletion, modification or correction by the user can be done
by sending an e-mail (info@makfero.com) or by writing to MAKFERO whose address
is included above.
15.3. The information gathered at the time of the order is used for the sole purpose of
better serving the user. The order and the acknowledgment sent to the Buyer are
archived for a period of five years from the date of the delivery of the products, but it
will not be provided to third parties. MAKFERO undertakes to keep the information
which he may have as strictly confidential and do not disclose it to anyone either
during the execution of the command or after its termination.
Article 16 : Intellectual Property
The Site and all of its elements are protected by intellectual property laws. They are
the exclusive property of MAKFERO. The use of this Site is strictly reserved for
personal use. Any reproduction or public communication of text, photographs or other
material posted on the Site is strictly prohibited if it is without the express and written
permission of MAKFERO. Any hypertext link directly to this Site will be subject to an
express authorization from MAKFERO.
Article 17 : Evidence
17.1. The records stored in the Site computer systems are in accordance with
security protocol and will be considered as a proof of communications, orders and
payments between the parties.
17.2. The filing of purchase orders and invoices is made on a reliable and durable
platform and can be produced as evidence.
Article 18 : Information relating to cookies
On this platform, the Site uses cookies (which are small files containing your
navigation data) mainly to make navigation easier. Please read our cookie policy to
learn more about the cookies used, their purpose and other useful information.
Article 19 : Acceptance of Terms
19.1. These general conditions apply to all offers, sales, purchases and other any
operation between the Parties.
19.2. Consequently, by the very fact of appeal and / or use the services of
MAKFERO, placing an order and / or entering into any contract, the User
acknowledges irrevocably to have received a copy of these terms and conditions,
and that he accepts the application of them, to the exclusion of any other. The
general or special conditions of the User are never applicable, unless expressly
agreed, in writing and prior consent of MAKFERO.
19.3. These terms and conditions are available on the page of the validation
purchases. If the user wishes, he can download, print and archive a copy.
These terms and conditions are able to evolve in the future. The User agrees tacitly
to every change by continuing to use and visit the Site. The User is the only
responsible for regularly come to learn the new terms and conditions.
19.4. MAKFERO prompts the User to read the terms and conditions and accept them
by checking “I have read the terms and conditions and I adhere unreservedly” case,
when proceeding to an order and to be able to continue its purchase.
Failing to do this, the User will be unable to make the payment of his purchases. The
fact that the User does not read the terms and conditions MAKFERO in their native
language does not exempt their application. The terms and conditions are available
in two languages [French / English].
19.5. The Users who wish to buy on the Site, states hereby to have a full legal
capacity.
Article 20: Applicable law and jurisdiction
These general conditions of sale and all the conditions above are governed by
Belgian law. The Parties agree to submit any dispute relating to these Terms to the
exclusive jurisdiction of the courts of Brussels.
By checking “I have read the terms and conditions and I adhere unreservedly” during
the ordering process, you acknowledge that you have read all the provisions of the
terms and conditions and that you agree to accept them.