Terms and Conditions
Terms and Conditions of Sale of Baltycki.com Jewellery Online Store
The online store is available on the website www.baltycki.com is trading name of Baltycki registedred in Belgium.
- Application of These Terms & Conditions.All deliveries of Baltycki.com are subject to the following terms and conditions. The Terms are part of any contract entered into between Baltycki.com and any of its customers. Buyer regarding products offered by Baltycki.com. The Terms deem to be accepted with the acceptance of the Goods. They remain in force and apply to any future deliveries of Baltycki to Buyer even if not explicitly agreed upon again.
- Specifications regarding the products issued by Baltycki.com (e.g. weight, measure, lenght, width)as well as description of the Goods (e.g. photos) are approximate and are not guaranteed quality features but description andcharacterization of Goods. Deviations in the borders of commercial practice and deviations on the basis of change of legal framework are permissible to the extent that the purpose of the Contract is not infringed.
- Any kind of declarations and notifications to be made to Baltycki.com after the conclusion of the Contract (e.g. setting if a deadline etc.) require written form to be effective.
- Prices are quoted in EURO with TAX included and shipment in the Belgium. Shipment to another countries is extra charge and it will be calculated indyvivually. If the price of raw materials increases or the cost to Baltycki.com of supplying the goods otherwise increases, or if the shipment of all or any part of anorder is delayed by Buyer, Baltycki.com shall have the right to increase the price to reflect the increased price of the raw materials or the increased price of the delayed goods in effect at the time of the shipment.Buyer agrees that pricing is conditioned on Buyer’s complying with the terms of the Contract with respect to the quantities requested to be shipped over a specific time period and that. This conditions concern the setted prices on the website and when the buyer purchas order the price will be not change at this point.
- Payment shall be made in full without any with-‐holding or deduction, whether by way of set off, coun-terclaim, abatement or otherwise if not with a coun-terclaim which is undisputed or legally recognized
- Deliveries are made from Belgium, which also shall be the place of fulfillment or directly from the country of manufacturer.
- In case Buyer wishes, the Goods are shipped to another destination. Method of shipment and packaging are subject to reasonable discretion of Baltycki.com, if not agreed upon otherwise.
- The risk in the Goods pass to Buyer on delivery EXW (Incoterms 2010), at the latest in the moment of delivery to carrier, shipper or any other person being determined in connection with the shipment) (moment of beginning of loading being decisive). This is also true in case of partial delivery or in case Baltycki.com assumed other services (e.g. shipment). In case shipment is delayed because of a reason attributable to Buyer, the risk passes to Buyer from the day the Goods are ready for shipment and bałtycki.com announced this to Buyer.
- he shipment will be insured by Baltycki.com.
- Time limits and deadlines announced by Baltycki.com in connection with Goods only apply approximately, if not explicitly a fixed deadline or a fixed date has beenagreed upon between Baltycki,com and Buyer. In case shipment has been agreed upon, term and day of delivery refer to the time of handing the Goods over to the carrier, shipper or a third person assigned in connection with the shipment.
- In case Baltycki.com is not able to observe fixed terms/times of delivers/performance based on grounds not attributable to Baltycki.com (such as force majeure or other events that at the time of conclusion of the Contract were not foreseeable and which are not attributable to Baltycki.com such as blockage, strikes, barriers in supply with necessary raw materials or energy, lack of employees, regulatory measures etc.) (“Nonavailability of Goods”), Baltycki.com is going to promptly notify Buyer of such grounds and of the estimated new term/time of delivery. In case such grounds should considerably impede or even make delivery impossible und such impediment should not be temporary, Baltycki.com is entitled to withdraw from the Contract. In case of temporary impediments, term and time of delivery/performance are extended by the term of impediment plus reasonable add on. If in case of an extension based on grounds as aforesaid, acceptance of the Goods should not be reasonable for Buyer, Buyer is entitled to withdraw from Contract by written declaration to Baltycki.com.
- Under the distance selling provisions of the Belgian Act of 14 July 1991, amended 25th of May 1999, the consumer has a period of 10 working days following the receipt of the goods, in which to withdraw from the contract without penalty and without giving any reason. The consumer will be authorized to return the goods at his own risk and own expense to Baltycki.com The consumer may not exercise the right of withdrawal in respect to contracts for the supply of goods made to the consumer’s specifications or goods that deteriorate rapidly.
- Contrary to the general rule of article 1583 of the Civil Code Notwithstanding passing of risk in and possession of the Goods, title to the Goods shall not pass to Buyer before until the full payment of all current and future claims of Baltycki.com out of and in connection with the Contract and the business connection between the parties (Collateralized Claims).Law and Place of Jurisdiction Contract including these Terms and any privity of contract between Baltycki.com and Buyer shall be governed by and construed in accordance with the laws of Belgium. In no event shall the United Nations Convention on Contracts for the International Sale of Goods apply to this Contract. The legal requirements and effects of the retention of title pursuant to these Terms are governed by the rules of law at the respective loca-tion of the Goods, to the extent that pursuant to such rules of law, the choice of Belgium laws should be prohibited or not be effective.
- All disputes regarding the interpretation, validity or execution of the contract are governed by Belgian law and fall under the exclusive jurisdiction of the courts in Brussels.
- By ordering on online store of Baltycki.com, the customer agrees that Baltycki.com processes his personal data for purposes such as the administration of the client data base, processing the orders, deliveries and invoices, credit checks, marketing and advertising. Data processing for marketing and advertising purposes will only occur if the client has given his explicit approval during the order process Baltycki.com will not transfer the personal data to any third party. The client has the right to access his personal data and to arrange for modifications to be made, where errors exist. The client may oppose at any time and at no cost, the further processing of his personal data for direct marketing purposes by merely sending a written notice to the e-mail address mentioned above. More information can be obtained at the registry of the Commission for Privacy Protection in Brussels.
- If the Contract including these Terms should contain a gap, the parties agree that the respective regulation shall deem to be agreed upon which the parties would have agreed upon according to the economical purpose of these Terms, would they have known about the gap.
- The English version of these Terms shall prevail. The translation serves for information purposes only.
- All images, content, logo and symbols on the website are copyright protected and are the property of Baltycki.com. Any partial or total reproduction, without our prior written permission is strictly prohibited.