Terms and conditions
Terms and conditions
General Terms and Conditions Rocka’s Diamonds BV BE0749798518
Use of the Website
These General Terms and Conditions apply to the websites www.rockasdiamonds.com , www.rockas.com , www.rockasdiamonds.be , www.rockasdiamonds.be , www.rockasdiamonds.fr , www.rockasdiamonds.net , (and to all similar jewelry websites of the Rocka’s Diamonds BV group).
Everywhere www.rockasdiamonds.com is mentioned in these General Terms and Conditions, is it also valid for all similar jewelry websites of the Rocka’s Diamonds BV group: ( www.rockasdiamonds.com , www.rockas.com , www.rockasdiamonds.be , www.rockasdiamonds.fr , www.rockasdiamonds.net etc.).
Purchase at Rocka’s Diamonds
Furthermore, these general terms and conditions apply to all contracts concluded with Rocka’s Diamonds BV and contain all mutual rights and obligations between the customer and Rocka’s Diamonds BV .
The customer declares that prior to the conclusion of any agreement with Rocka’s Diamonds BV he has read the general terms and conditions as published on the website www.rockasdiamonds.com , OR www.rockas.com of Rocka’s Diamonds BV and expressly declares that he accepts them.
This declaration of acknowledgement and acceptance is made by the “internet customer” by means of an electronic confirmation and by the “non-internet customer” from the moment of agreement with the offer and subsequent payment of the agreed amount.
This website has been created and is managed by Rocka’s Diamonds BV, Rue Gaucheretstraat number 6, box 23, 1030 Brussel, België, KBO 0749.798.518, RPR Brussel.
Article 1. DEFINITIONS, SCOPE AND OBJECT
1.1. Definitions
Rocka’s Diamonds BV: with registered office at Rue Gaucheretstraat number 6, box 23, 1030 Brussel, België, KBO 0749.798.518, RPR Brussel, acting under the trademarks Rocka’s Diamonds, Rocka’s, & www.rockasdiamonds.com & www.rockas.com
– Buyer: any natural person or person created by law who enters into a contractual relationship of any kind with Rocka’s Diamonds BV,; – Consumer Buyer: any natural person or person created by law who purchases products or services on the market;
– Customer: any person who accesses the Rocka’s Diamonds BV website, and who may or may not have a contractual relationship with Rocka’s Diamonds BV,;
– Person: any natural person, a person created by law or a de facto association;
– Products: subject of one or more contracts;
– Prices and/or indication of prices on the website: The mere indication of a product price on the Rocka’s Diamonds BV website never contains a final offer. This can never be a source of rights for the customer. (see below: Fixed Price Products, Indicative Price Products, Guaranteed Fixed Prices and art.1.4 of the General Terms and Conditions)
– Fixed price products: only means that the available product has a stable market price, so that the variability of this product between the price mentioned on the Rocka’s Diamonds BV website and the price mentioned in the final offer of Rocka’s Diamonds BV is very low or non-existent (see below: Products with indicative prices, Guaranteed Fixed Prices and art.1.4 of the General Terms and Conditions).
– Indicative price products: means only that the available product does not have a stable market price, so that the price of that product will be subject to significant fluctuations due to fluctuations in the price of the raw material (for example, rare diamond components) or the composition of the available product (for example, in the case of an artisanal design). This means that there may be a significant difference between the price mentioned on the Rocka’s Diamonds website and the price mentioned in the final offer of Rocka’s Diamonds BV, (see below: Guaranteed Fixed Prices and article 1.4 of the General Terms and Conditions).
– Guaranteed fixed price: The price mentioned in the offer that Rocka’s Diamonds BV, offers to the customer. This is a binding price for Rocka’s Diamonds BV, during the period of validity of the offer (see below art. 1.4. of the General Terms and Conditions).
– Website(s): following websites (together or separately), managed by Rocka’s Diamonds BV, www.rockasdiamonds.com & www.rockas.com
– Methods of identification: The security systems mentioned in the General Terms and Conditions that must be used by the customer to access and use the Rocka’s Diamonds BV websites, and to secure access to these sites, consisting of a login and a password. Rocka’s Diamonds BV, is entitled to change or adapt the methods of identification. The new identification systems will be considered as the modes of identification as defined above.
1.2 Scope of application
Website and showrooms Rocka’s Diamonds BV,
These general terms and conditions apply to the use of the Rocka’s Diamonds BV websites, to all offers of Rocka’s Diamonds BV, (via the website or via the showrooms), and to all agreements concluded with Rocka’s Diamonds BV, and contain the mutual rights and obligations of the customer and Rocka’s Diamonds BV.
Exceptions
Unless expressly agreed otherwise in writing, no deviation from these terms and conditions will be accepted. All clauses that have not been subject to derogation will remain fully in force.
General terms and conditions of the customer’s invoicing
The customer’s own general and/or invoicing conditions will never apply to agreements concluded with Rocka’s Diamonds BV.
Worldwide sales
The products of Rocka’s Diamonds BV, are sold worldwide.
1.3 Subject, offers and errors
Own brands – Intellectual property rights
Rocka’s Diamonds BV, offers a line of high quality jewelry under its own name and brand. This jewelry line is offered and presented on the website and in the specific showrooms mentioned on the Rocka’s Diamonds BV websites.
All products manufactured and sold under the name and trademark of Rocka’s Diamonds are protected by national and international law (i.e. intellectual property rights) and are the property of Rocka’s Diamonds BV. It is prohibited to use the trade names and trademarks ‘Rocka’s’ and/or ‘Rocka’s Diamonds BV’ and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the brand Rocka’s Diamonds BV, or transfer any rights to third parties. The customer undertakes to indemnify and hold Rocka’s Diamonds BV harmless against any claims or legal action by third parties for damages caused by the violation of these obligations.
Stocks and offers
The products presented and described on the Rocka’s Diamonds BV website, give an overview of the complete range of Rocka’s Diamonds BV, The price of the product mentioned on the Rocka’s Diamonds BV website, does not contain a definitive price offer. A purchase is only concluded when (partial) payment has been received from the customer and Rocka’s Diamonds BV is able to deliver the product to the customer. Rocka’s Diamonds BV, refers as far as necessary to article 1.4 of these general terms and conditions.
Rocka’s Diamonds BV aims to maintain a stock of the products presented and offered on its website. However, Rocka’s Diamonds BV, can never guarantee that it will be able to supply the product that the customer is ready to purchase. The customer can always contact (by phone or mail) Rocka’s Diamonds BV, to check the availability of a product. Rocka’s Diamonds BV, will do its best to manufacture and / or deliver the products ordered. In case of unavailability of the product or inability to manufacture the product, and even if the (potential) customer has transferred money to Rocka’s Diamonds BV, by bank transfer or credit card (hereby confirming his intention to purchase), this does not commit Rocka’s Diamonds BV, to deliver and Rocka’s Diamonds BV, can always decide to refund the same amount. Of course Rocka’s Diamonds BV, commits itself to communicate the reason for the refund as soon as possible. Rocka’s Diamonds BV, reserves the right to mention a true but indicative number of paved diamonds on the website or in custom-made quotes, for each piece of jewelry containing paved diamonds smaller than 0.30 ct, which may vary in size (e.g. paved rings, bracelets, custom-made jewelry, etc.). These possible slight differences are the result of considerations regarding the durability, resistance and flexibility of our jewelry. Rocka’s Diamonds BV, commits itself to communicate this number of diamonds to the Customer as accurately as possible, but nevertheless as an indication. For all jewelry whose size does not affect the number of paved diamonds (i.e. earrings, pendants, etc.) present in the jewelry, the number communicated on the website is not indicative, but very precise.
For custom jewelry, our experts always perform an approximate calculation of the number of small diamonds in the jewel according to the images or information provided to us. This number is approximate and may be slightly rounded during the manufacturing process. Since any small change in the reduction or increase in the number of small diamonds will have no real effect on the price, the price will remain the same in both cases. Concerning the sale of colored gemstones (ruby, sapphire, emerald, …), any indication of size, caratage of the gemstone(s) will always be communicated as accurately as possible. These values remain indicative. Images of colored gemstones on the website or accompanying a personal offer, strive to be a realistic representation of the given stone(s). A color deviation due to the incidence of light, current natural light conditions or the use of artificial light is possible. If the customer requires accurate information on the color and other properties of the given stone(s), it is possible to acquire a certificate (by a reputable laboratory) of the given stone(s). The certification of the color stone(s) is not offered as standard, as this is not usual. The certification of the colored stone(s) implies a production delay and an extra cost (from 70 €, – depending on the caratage of the stone(s)).
Gift vouchers
If applicable, customers can purchase gift certificates at any Rocka’s Diamonds BV location. These gift vouchers can be used as a means of payment to purchase products presented and described on the site using a one-time use code. The value of the gift voucher will always be deducted from the price (including VAT) of the purchased jewel as mentioned in the order confirmation. Additional taxes (i.e. import taxes, local taxes outside the EU) are at the expense of the customer.
Errors and clerical errors
The information, photos, descriptions on the website of Rocka’s Diamonds BV, or information given by e-mail, chat – and / or telephone are as accurate as possible. However, Rocka’s Diamonds BV, cannot be held liable for errors, clerical errors, incorrect statements or lack of information.
When the customer is confronted with unclear information, he can always contact a representative of Rocka’s Diamonds BV. The contact details of Rocka’s Diamonds BV, are mentioned in these general terms and conditions and on the website or with a tailor-made quotation. In the event of unavailability of the product or the impossibility to manufacture the product, and even if the (potential) customer has transferred money to Rocka’s Diamonds BV, by bank transfer or credit card (hereby confirming his intention to purchase), this does not commit Rocka’s Diamonds BV, to deliver and Rocka’s Diamonds BV, can always decide to refund the same amount. Of course Rocka’s Diamonds BV, will communicate as soon as possible the reason for the refund, when the price of a product, mentioned in the offer or quotation, is different from the actual price, a representative of Rocka’s Diamonds BV, will contact the customer, prior to shipment of the purchased product, to give the customer the opportunity to either pay the price difference, or waive the purchase. Rocka’s Diamonds BV, apologizes for any problems that may result.
Diamond free items
Rocka’s Diamonds BV, is a diamond jewelry brand, selling only items with diamonds. However, as a service to our customers who buy/buy diamond jewelry, Rocka’s Diamonds BV, offers (only) to these customers the possibility to purchase items without diamonds (e.g. gold wedding rings without diamonds). However, this service is explicitly intended for customers who have purchased diamond jewelry items separately. In summary, Rocka’s Diamonds BV, will not allow the purchase of non-diamond items without the purchase of diamond jewelry.
This paragraph regarding non-diamond items does not apply to watches. See art. 17 in our terms of use.
Pictures
Rocka’s Diamonds BV, strives to give a realistic and detailed picture of its products on its website. It may happen that a product is enlarged or reduced in size on the picture to allow the customer to have a detailed view of the product. The customer must be aware that each screen is calibrated differently so that the image and the colors may differ slightly from reality.
Availability
The customer can check the availability of a product on the website of Rocka’s Diamonds BV, The data concerning a product (i.e. price) are subject to daily changes and are not binding for Rocka’s Diamonds BV, In case of unavailability of the product or impossibility to manufacture the product, and even if the (potential) customer has transferred money to Rocka’s Diamonds BV, by bank transfer or credit card (hereby confirming his intention to purchase), this does not commit Rocka’s Diamonds BV, to deliver and Rocka’s Diamonds BV, can always decide to refund the same amount. Of course Rocka’s Diamonds BV, commits itself to communicate the reason for the refund as soon as possible. Rocka’s Diamonds BV, reserves the right to mention a true but indicative number of paved diamonds on the website or in custom-made quotes, for each piece of jewelry containing paved diamonds smaller than 0.30 ct, which may vary in size (e.g. paved rings, bracelets, custom jewelry, etc.). These possible slight differences result from considerations regarding the durability, resistance and flexibility of our jewelry. Rocka’s Diamonds BV, commits itself to communicate this number of diamonds as accurately as possible to the Customer, which is true but nevertheless indicative. For all jewels whose size does not affect the number of paved diamonds (i.e. earrings, pendants, etc.) present in the jewel, the number communicated on the website is not indicative, but very precise.
Determination and selection of the appropriate ring size
Rocka’s Diamonds BV, provides the customer with as many tools as possible (e.g. Rocka’s Diamonds BV application, possibility to measure the ring size by appointment etc …) so that customers can correctly determine their ring size even when ordering remotely. After determining the ring size (whatever Rocka’s Diamonds BV means,), the choice and ordering of the correct size is the responsibility of the customer and not Rocka’s Diamonds BV,. This applies to all means of ring size determination, including determination in one of our showrooms with a standard metal ring gauge. Even in the latter case upon receipt of the advice of Rocka’s Diamonds BV’s consultants, the choice of size remains at the discretion and responsibility of the customer. Customers must make a decision based on their own impressions (e.g. preference for a tighter or wider size etc …). In addition, due to the number of different styles of rings and the fact that our products are handmade, Rocka’s Diamonds BV, is in no way able to guarantee that the metal thickness of the finished products will be 100% equal to that of the demonstration models (available in our showrooms), this means that depending on the different models, there may be slight differences in the size of the ring. Rocka’s Diamonds BV, will never be responsible for any claims regarding the wrong ring size and shipping and size adjustment costs will never be charged to Rocka’s Diamonds BV. These costs will be charged to the customer.
Determination of conformity of the delivered products
Since our products are handcrafted and the images and videos of the online demo models may differ slightly from reality due to the fact that each screen is calibrated differently, Rocka’s Diamonds BV, is in no way able to guarantee that the metal thickness, the height of the settings, the kitten details of the finished products will be 100% equal to those of the demo models. (available in our showrooms), nor to the visual demonstration of our website.
This means that depending on the different models, there may be slight differences in the finished product. Slight differences such as crimp height, finishing style (rounded or tiger claws), ring width and thickness are not defined as a non-conformity. Rocka’s Diamonds BV, will never be responsible for claims regarding these slight discrepancies explained above.
1.4. Conclusion of the agreement
Intent to purchase: Before the conclusion of any agreement between an Internet customer and Rocka’s Diamonds BV, the customer must select a certain product and fill in the data requested by Rocka’s Diamonds BV. In doing so, the customer only expresses his intention to purchase a certain product. The customer can choose a fixed price product (see art. 1.1 Definitions) or a product with an indicative price (see art. 1.1 Definitions).
Offer and order confirmation :
– Upon receipt of the customer’s intention to purchase, Rocka’s Diamonds BV, for a product available at a fixed price (see art. 1.1 Definitions), will immediately forward a definitive offer to the customer.
– Rocka’s Diamonds BV will send the customer an offer by e-mail within ten (10) days for products at an indicative price (see art. 1.1 Definitions). This offer will be as close as possible to the wishes of the customer as expressed in his purchase intention. This means that this offer will be presented with a guaranteed fixed price (see art.1.1 Definitions) on the website of Rocka’s Diamonds BV, for a maximum of 5 working days after the date of transmission of the e-mail to the customer. From that moment on the customer will be able – within a maximum of 5 working days – to purchase this product at this guaranteed fixed price, according to the procedure mentioned above for fixed price products.
Validity of the offer and confirmation of the offer: Each offer of Rocka’s Diamonds BV is conditional. Each offer is valid for a maximum period of five (5) working days, starting from the moment Rocka’s Diamonds BV transmits the offer to the customer.
Provided that no agreement has been concluded and/or Rocka’s Diamonds BV has not received any payment or confirmation of payment (by bank transfer), the offer will lapse, notwithstanding the right of Rocka’s Diamonds BV to extend the offer period . This means that the offer and the Guaranteed prices are only valid during the validity period or during the extended period of operation of the offer. An extension of the term can only be granted expressly and in writing by Rocka’s Diamonds BV,
Formation of the contract :
The agreement is concluded on the condition that the customer has unconditionally accepted the offer and has expressly agreed to the general terms and conditions of Rocka’s Diamonds BV, and that Rocka’s Diamonds BV has sent an unconditional order confirmation to the customer. When the offer has been made through the use of the website of Rocka’s Diamonds BV, the order confirmation will be sent to the customer by mail to the e-mail address provided by the customer. The agreement between the customer and Rocka’s Diamonds BV always contains an explicit termination clause. (see below)
Explicit termination clause:
Every agreement concluded with Rocka’s Diamonds BV is subject to the condition that the payment of the purchase price is cancelled within the period specified below. Rocka’s Diamonds BV, explicitly refers to article 1184 of the Belgian Civil Code. If Rocka’s Diamonds BV, has not received any payment, nor any confirmation of payment (by bank transfer), within five working days after Rocka’s Diamonds BV has sent the offer to the customer, Rocka’s Diamonds BV, will pay the customer the right to dissolve the agreement unilaterally and without notification of the customer.
Valid contract :
when the agreement has been concluded via the website, the customer and Rocka’s Diamonds BV, explicitly declare that the agreement has been validly concluded by means of electronic communication. The parties declare that the agreement is binding notwithstanding the absence of a physical signature. The electronic data of Rocka’s Diamonds BV is accepted as proof.
Breach of contract:
To avoid abuse, the return policy only applies after the actual delivery and receipt by the Customer of the ordered and purchased item. In the event that the Customer wishes to cancel an order before delivery, the depreciation incurred by the Customer will be charged.
Rocka’s Diamonds BV, is committed to providing high quality custom-made products at the best possible price/quality ratio. On the design side, Rocka’s Diamonds BV, has full confidence in the aesthetic sense and expertise of its craftsmen when making custom jewelry. That is why, without a clear and precise indication from the customer regarding the design of jewelry, Rocka’s Diamonds BV goldsmiths reserve the right to create the order based on their own expertise in the field (which always includes adherence to quality standards such as stability, safety and durability) and personal inspiration.
Rocka’s Diamonds BV, will never be liable for any claims regarding the design of the finished jewel once the final version of the 3D drawings has been validated after written confirmation by the customer without submitting specific remarks on the desired jewel’s appearance.
At the end of the manufacturing process, small changes can still be considered, as long as possible, as it is at the discretion of our goldsmiths (whose choices and actions are always guided by quality standards such as stability, safety and durability) to decide whether small adjustments can be made. If small changes are possible but entail costs, these costs will always be subject to customer acceptance.
For custom-made creations, Rocka’s Diamonds BV, is always entitled to make the necessary adjustments to the jewelry in the context of technicality, durability, security, wearability.
And finally, in the particular case where the customer has paid part of the total purchase amount and Rocka’s Diamonds BV, has already started the production of a custom-made jewel or the purchase of a non-standard diamond, Rocka’s Diamonds BV, is entitled to dissolve the agreement. unilaterally, if the customer does not pay the remaining part of the total purchase amount within the agreed period approved by Rocka’s Diamonds BV,. In this particular case, Rocka’s Diamonds BV, is entitled to a compensation amounting to 40% of the total purchase amount, the partially paid amount being of course considered non-refundable and part of the compensation due.
This can be done by guiding them on the website www.rockasdiamonds.com or by giving them an explanation of the products on offer. Any request from a potential customer that could lead to a different price or quality as indicated on www.rockasdiamonds.com must be transferred to the head office of Rocka’s Diamonds BV in Brussels, where the final decision regarding the price of the requested quality will be taken and the sale will be concluded. The showroom staff can also show items (which are samples) to the potential customer, but the customer can never take them with him/her, nor pick them up at a later stage . The sale will always be concluded via Rocka’s Diamonds BV ( www.rockasdiamonds.com , owned by Rocka’s Diamonds BV), which will produce, invoice and deliver / ship the purchased product to the customer.
1.5 What materials and diamonds are used by Rocka’s Diamonds BV?
Rocka’s Diamonds BV only works with 18 carat and 14 carat gold (75% gold – “Au750” alloy and 58.5% gold – “Au585” alloy) and 950 platinum (95% platinum – “Pt950” alloy).
Rocka’s Diamonds BV offers only 100% natural diamonds. This means that there are no laboratory grown, untreated diamonds, no artificial diamonds and no intensified clarity. In this regard, Rocka’s Diamonds BV uses the most advanced tools to detect and (if) reject any diamond that is not natural. If you have any questions, please contact our diamond expert at info@rockasdiamonds.com .
Rocka’s Diamonds BV uses only high quality diamonds in its jewelry. For each piece of jewelry containing a diamond equal or greater than 0.3 carat, you will receive a certificate from a recognized diamond laboratory with a description of the 4 C’s of your stone. For more information, click here .
For products with a personalized character, and more specifically for quality diamonds that deviate from our standard offer, Rocka’s Diamonds BV offers its customers the possibility to clearly and proactively communicate their complete specifications. Rocka’s Diamonds BV composes its offer on the basis of all information provided by the customer. If Rocka’s Diamonds BV is unable to deliver one of the specifications listed by the customer, this will be clearly indicated in the offer sent to the customer. Rocka’s Diamonds BV will compose its offer on the basis of the objective information on the diamond certificate, hereinafter referred to as the diamond characteristics. If the customer does not clearly express a specific preference for a specific diamond characteristic, the offer will be composed without taking into account that specific diamond characteristic.
Rocka’s Diamonds BV shows and sells only diamonds that are approved by the customer and prepaid (by bank transfer only, no cash). As soon as Rocka’s Diamonds BV has received proof of the customer’s bank transaction, is this considered as an agreement to purchase the diamond (jewelry), making this purchase irreversible.
1.6 What is Rocka’s Diamonds BV’s policy towards conflict (blood) diamonds?
Conflict diamonds are diamonds that come from conflict areas, where local militias try to use diamonds to finance their activities. The Kimberley Process Certification Scheme was put in place to prevent these diamonds from entering the world market by controlling the origin of diamonds from conflict areas.
The Kimberley Process is an international system that regulates the diamond trade to ensure that diamonds come from conflict free areas. The Kimberley Certificate guarantees that your diamond is not a “conflict” diamond. It has been determined that as of 2008, 99.9% of diamond transactions were non-conflict diamonds.
Clearly, Rocka’s Diamonds BV has a zero tolerance policy towards conflict diamonds. We only purchase diamonds through the most respected diamond manufacturers who act in accordance with the standards set by the Kimberley Process.
More information about conflict diamonds and the Kimberley Process Certification Scheme can be found at http://www.diamondfacts.org/.
Article 2. AVAILABILITY, IDENTIFICATION, SECURITY
2.1. Availability
The Rocka’s Diamonds BV website will be available every day, 24 hours a day. (see art.9 and 10 of these general terms and conditions).
2.2. Access and use
In order to receive an offer from Rocka’s Diamonds BV via the Internet, the customer must identify himself and use the identification method provided by the site. Rocka’s Diamonds BV makes every effort to secure as much as possible the communication line for “access” and “use” of the Rocka’s Diamonds BV website. To this end, Rocka’s Diamonds BV may at any time change the access procedure, the method of identification, the access to this method of identification and the security measures, which are necessary, for example, due to technical developments.
2.3. Use of a password
In some cases, the Customer will be required to use a password to access certain parts of the
Rocka’s Diamonds BV . Access to these parts without using the password is strictly prohibited. The customer must keep the received password secret. The customer undertakes to inform Rocka’s Diamonds BV immediately in case of disclosure of the password to third parties or in case the password is received by a person/company other than Rocka’s Diamonds BV. Any use of the services of Rocka’s Diamonds BV, if necessary after the valuable identification of the password, will be considered as executed by the customer. If Rocka’s Diamonds BV has reason to believe that the security of its website is in danger, it will have the right to change the customer’s password.
2.4 . Suspension of service
Maintenance, modifications, improvements
Rocka’s Diamonds BV has the right to suspend the services of its website and connected systems when maintenance, modifications and improvements need to be carried out. If possible, Rocka’s Diamonds BV will notify the customer in advance.
Technical incidents, force majeure, emergency
In the event of a technical incident, force majeure or emergency, interruptions could occur without prior warning. In case of partial or total refusal of access to the site, Rocka’s Diamonds BV will – if possible – try to explain the reasons to the customer. Rocka’s Diamonds BV refers to the provisions of art. 9 and 10 of these general terms and conditions.
2.5 . In the event of problems
The customer is requested to contact a representative of Rocka’s Diamonds BV – as identified in article 16 of these general terms and conditions and on the website – in case the customer encounters problems due to the interruption of the website, as mentioned in article 2 of these general terms and conditions.
Article 3. PRICES, PAYMENT METHODS AND PAYMENTS
3.1. Prices
Prices are not negotiable. Once the agreed price has been paid (in full or by partial payment), the price is fixed and will not be modified for any reason (promotions, etc.) brought by the customer.
Prices are in €, $, £, CHF, CNY, HKD or JPY.
Prices on the site are in €, $, £, CHF, CNY, HKD or JPY.
Overview of prices and transparency
In general: Rocka’s Diamonds BV guarantees that its product offer gives a correct and transparent overview of the price and all elements of that price.
Costs related to the method of payment: Certain methods of payment (see art.3.2. Infra) may result in additional costs. This will be clearly communicated to the customer.
Calculation of costs: VAT, local taxes, import and export fees and taxes, delivery costs, will be calculated according to the location of the goods.
delivery.
Promotional and/or special prices (in any form whatsoever) are not cumulative. The use of discount coupons or discount codes is only applicable for diamond jewelry. The discount cannot be applied once payment has been made. Gift vouchers issued by Rocka’s Diamonds BV in the amount of € 200 can only be used if the purchased amount excl. VAT is higher than € 1000. Gift vouchers issued by Rocka’s Diamonds BV cannot be combined with other discounts and only one can be used for each purchase. When the gift voucher is purchased by a customer and distributed as a gift, several vouchers can be used for one purchase.
Internet customer: The price mentioned by Rocka’s Diamonds BV in its offer to the customer is due by the customer, in accordance with article 1.4. of the general terms and conditions.
Non internet customer: The price mentioned on the invoice of Rocka’s Diamonds BV is due by the customer.
Errors in price offers
Rocka’s Diamonds BV is entitled to correct (handling) errors, such as – but not limited to – obvious errors, even after the conclusion of the agreement. Rocka’s Diamonds BV refers – where applicable – to art. 1.3. “Errors and Mistakes and Erroneous Statements” and art. 1.4. of the general terms and conditions.
Product offer
Once the customer has indicated his intention to purchase, Rocka’s Diamonds BV will make an offer to the customer in which the VAT rate will be mentioned. If necessary, Rocka’s Diamonds BV will refer to article 1.4. of these general terms and conditions.
Delivery costs are at the expense of Rocka’s Diamonds BV.
In case of delivery outside the EU, prepayment of export and import fees and taxes, as well as other local taxes and charges may be requested from the customer.
What is included in the prices displayed on www.rockasdiamonds.com?
The prices and taxes to be paid to Rocka’s Diamonds BV depend on the country of destination (= country where the purchased items are to be delivered).
Customers within the EU
The prices (payable to Rocka’s Diamonds BV) will be increased by the appropriate Belgian VAT rate of 21%, except for Germany where the local VAT of 16% is applicable and France where the local VAT of 20% is applicable.
Clients outside the EU
Prices charged to Rocka’s Diamonds BV are exclusive of VAT. Thus, no VAT is applicable, but most countries apply a border tax and/or local taxes on delivery, which our customers have to pay to the carrier. Rocka’s Diamonds BV provides information on border and local taxes.
Duty free purchases and export outside the EU
Rocka’s Diamonds BV offers its customers a tax-free shopping service. In this case, the customer must pre-finance the Belgian VAT (21%) which will be refunded once the customer has carried out the export outside the European Union.
Belgian VAT refund rate (21%) at Rocka’s Diamonds
ORDER <1.000 € HT 18% refund
ORDER 1.000 € – 2.000 € excl. 19% refund
ORDER € 2.000 – € 4.000 EXCL. VAT. 20% refund
ORDER> 4.000 € HT Refund of 21%.
Rocka’s Diamonds BV informs the customer of the items that the customer has to present through customs at the European airport from where the customer will export the jewel. The customer will have to present the purchased item(s), the invoice, the passport (proving that the customer is not a European resident) and the boarding card (proving that the customer is leaving Europe).
The export must be made within 3 months from the date indicated on the product invoice.
The invoice must be stamped by the customs of the European airport from which the customer is exporting, so that the customer can claim a VAT refund from Rocka’s Diamonds BV. The stamped invoice must reach the office of Rocka’s Diamonds BV nv no later than 3 months after the date on which the invoice was stamped.
Rocka’s Diamonds BV will transfer by bank transfer to the customer the amount of the VAT refund corresponding exclusively to the receipt of the original invoice of the product stamped by the customs of the European airport from which the export took place (the stamp will be analysed first).
We will only accept invoices stamped by customs at the following airports:
o Zaventem (BE)
o Schiphol (NL)
o Charles de Gaulle – Roissy (FR)
o Heathrow (United Kingdom)
o Gatwick (United Kingdom)
o Frankfurt (DE)
o Düsseldorf (DE)
o Madrid (ES)
o Rome (IT)
For exports from any other airport, Rocka’s Diamonds BV can refuse the application of the tax refund procedure. In case Rocka’s Diamonds BV decides to apply the refund procedure for an airport not listed above, Rocka’s Diamonds BV will apply an additional administrative fee of 10% which will be deducted from the total amount of the refund allowed (please refer to the VAT refund system). For example, if a customer is entitled to a refund of 21% (amount > 4000 excl. VAT), this would mean that he will be refunded 18.9% (= 90% x 21%).
The VAT refund is made upon receipt of a (stamped) export-adapted invoice from Rocka’s Diamonds BV’s internal accounting department. The customer must clearly express his wish to export at the beginning of the order process, so that the appropriate VAT rate (21%) is applied to the price excluding taxes, in order to determine a final price including VAT. If the customer does not communicate his intention to export from the beginning, he will not be able to benefit from our VAT refund services. Consequently, the order will be subject to the (non-refundable) local VAT rate, depending on the country of delivery.
Rocka’s Diamonds BV will never be responsible for any errors made by the customer (e.g. incorrect bank details) which would result in bank charges. The customer will eventually be charged for these bank charges.
Rocka’s Diamonds BV will never take the bank charges resulting from the bank transfer on behalf of the customer. These bank charges will eventually be charged to the customer.
The reimbursement of the tax is made according to the legal procedure established in the Royal Decree nr. 18 of 29th December 1992, which deals with the added value of tax exemptions when exporting goods and services to a place outside the European Community. (Article 8, 4 °, of Royal Decree 18 states that the seller must establish the existence of the export by providing the customer with a copy of the invoice or a similar document bearing the stamp of the customs of exit from the European Community) that the presentation of the invoice of the purchased product (as an export document) at the customs clearance is sufficient (in addition to the presentation of the three other elements listed above – the product, the passport and the boarding card). According to Belgian and European legislation, no other documents are required.
Rocka’s Diamonds BV will never be liable for any kind of exceptional event that would prevent the customer from exercising the right to claim a VAT refund (e.g. refusal of airport customs to stamp the Rocka’s Diamonds BV invoice in case another export document is required according to any region / national legislation, closure of customs and impossibility for the customer to obtain the stamp, no receipt or loss of the invoice sent by the customer by post etc.).
Additional Information
If necessary, Rocka’s Diamonds BV will provide the customer with sufficient information regarding export and import fees and taxes, as well as other local taxes and charges for shipments outside the EU. Export and import costs and taxes, as well as other local taxes and charges are always for the account of the customer, unless otherwise stipulated by law.
Rocka’s Diamonds BV cannot be held liable for differences / changes in VAT rates or export and import costs and taxes.
3.2 Methods of payment
Internet Client
The customer who has received and accepted without reservation an offer from Rocka’s Diamonds BV, in accordance with art. 1.4. of the general terms and conditions, can pay in the following ways:
– Bank transfer
– Visa, Mastercard, American Express, Diners Club, Maestro, Bancontact, Ideal, Paypal, Sofort Banking, Finnish E-Banking, GiroPay
– Alipay, WeChatPay, ChinaUnionPay
– Gift Certificate from Rocka’s Diamonds BV
– Non-Internet customer
– Cash – Transfer
bank
Visa, Mastercard, American Express, Diners Club, Maestro, Bancontact, Ideal, Paypal, Sofort Banking, Finnish E-Banking, GiroPay ,Alipay, WeChatPay , ChinaUnionPay
Gift Certificate from Rocka’s Diamonds BV
Extension
Rocka’s Diamonds BV can modify and/or extend the means of payment. These modifications and/or extensions will be communicated via the website of Rocka’s Diamonds BV.
SSL technology
In order to guarantee the security of online payments and the customer’s personal data, online transactions will be encrypted using SSL technology.
Specific conditions
When payment is made by credit card, the conditions of use of this card are determined by the card issuer. Rocka’s Diamonds BV is not involved in the relationship between the customer and the card issuer. Rocka’s Diamonds BV will never take over on its behalf any bank charges that may be invoiced by the customer’s bank, these bank charges will eventually be charged to the customer.
Article 4. TERMS OF DELIVERY
4.1 In general
– By “delivery” we mean – unless otherwise specified – the first delivery to the customer in case of purchase.
– Rocka’s Diamonds BV takes over the costs and insurance of the first delivery in case of purchase. Reshipments, 2 nd or subsequent deliveries after adjustment or repair, are the responsibility of the customer.
– The purchased products will only be delivered by Rocka’s Diamonds BV after payment or confirmation of payment according to art.1.3. and 1.4. of these general terms and conditions.
– Purchases on the Rocka’s Diamonds BV website are shipped worldwide. Rocka’s Diamonds BV cooperates with transport companies specialized in the shipment of valuable goods. Depending on the place of delivery, the purchased products will – in most cases – be shipped by one of the following companies: Fed-Ex, UPS, DHL or De Post.
4.2. Delivery time
Calculation of the term
The estimated time depends on the place of delivery and the type of product. The delivery time mentioned in the offer is purely indicative and does not create any rights for the customer. The delivery time will be mentioned in the offer and – if applicable – confirmed in the order confirmation sent to the customer.
Shipping between 2 and 15 working days.
Rocka’s Diamonds BV strives to deliver the purchased products as soon as possible. A delivery time of 2 to 20 working days maximum must be taken into account by the customer. In most cases maximum 8 working days within Europe and maximum 20 working days outside Europe. This delivery period starts from the day of receipt of payment on the account of Rocka’s Diamonds BV.
Delivery delay
Rocka’s Diamonds BV makes every effort to report late deliveries to the customer by mail, fax or telephone within 24 hours.
Rocka’s Diamonds BV strives for excellent delivery times and has delivered more than 95% of its packages on time, regardless of the destination. However, although Rocka’s Diamonds BV works with highly reputable delivery partners (FedEx, UPS, DHL, Brinks, etc.), Rocka’s Diamonds BV can only control the “on time” shipment of a package. A delay in delivery can always occur and is therefore beyond our control. No company in the world can guarantee 100% on-time delivery. This is simply impossible because we always rely on people, regulations and government decisions and therefore force majeure can always occur, that is to say and in an unrestricted way, we mean force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics , local and cross-border governmental measures and any other events beyond the control and control of Rocka’s Diamonds BV by which Rocka’s Diamonds BV can no longer partially or fully meet its obligations and therefore does not grant customer any right to financial compensation or cancellation of the order. Consequently, a delay in delivery as such does not give the customer any right to financial compensation or cancellation of the order.
In the exceptional case of non-delivery or loss of packages (for your information: since 2008, we have a loss rate of less than 0.05%),
- If Rocka’s Diamonds BV does not respect the delivery time it has guaranteed, the customer has the right to withhold from purchasing the product displayed on www.rockasdiamonds.com .
Rocka’s Diamonds BV will make every effort to limit the inconvenience. As our customers are fully insured against non-delivery, they will benefit from the option of a refund or the option of reproduction and delivery of the same jewel at no extra charge. However, keep in mind that we can only initiate these procedures after receiving an official statement from the carrier confirming the loss or non-delivery of the package to the customer. Furthermore, as our couriers are external partners, the customer acknowledges that Rocka’s Diamonds BV is not the main responsible party in case of such an exceptional event. Therefore, the customer is fully informed and aware that Rocka’s Diamonds BV will not give in to unreasonable behaviour or legal threats that require remedial action on the part of Rocka’s Diamonds BV that goes beyond its responsibility as described above.
4.3. Delivery address
The purchased products will be delivered to the address mentioned by the customer in his purchase intention or in the acceptance of the offer, after payment by the customer. The customer may be asked to sign a delivery note upon delivery of the purchased goods. To avoid fraud, Rocka’s Diamonds BV recommends the customer to give the address mentioned on the credit card or known by the customer’s financial institution.
4.4. Shipment tracking
Reference number
When the purchased product is shipped, the customer will receive a shipping reference number by e-mail, by which the customer can track the shipment on the Rocka’s Diamonds BV website from the time of collection at Rocka’s Diamonds BV.
Rocka’s Diamonds BV requires the customer to accurately track the shipment and to ensure that they will either pick up the product themselves or bill a trusted person to pick up the purchased product.
Control of shipped packages
Rocka’s Diamonds BV recommends to its customers to check the shipped packages before signing the delivery note for apparent defects such as cracks and dents.
4.5. Packaging of the product
All products purchased ready for shipment from Rocka’s Diamonds BV are packaged in a high quality fitted box to protect the product. purchased during shipping. This box can perfectly be used as gift wrap,
4.6. Insurance of the shipped product
No risk
Each shipment made by Rocka’s Diamonds BV in case of first delivery to a customer following a purchase is fully insured (risk free). Rocka’s Diamonds BV takes all shipping risks at its own expense. For security reasons, the customer may be asked to sign a delivery note upon delivery of the purchased goods. Rocka’s Diamonds BV asks the customer to make an accurate follow-up of the shipment and to make sure that the customer will take care of it or will invoice a trustworthy person to pick up the purchased product.
Transfer of Risk
The risks are transferred to the customer once the package (which contains the purchased product) has been delivered to the address indicated – by the customer, even if the delivery note has been signed for receipt by a recipient other than the customer himself.the recipient is required to sign for receipt (which is the formal proof of delivery). The delivery is finalized when the recipient signs for receipt. Any changes to this process requested by the customer are transferred at the customer’s risk (e.g. when customers specifically request or authorize delivery without a signature).
4.7. Partial delivery
When different parts of the order are delivered separately (i.e. when certain raw materials or purchased products are not available), Rocka’s Diamonds BV may consider each delivery as a separate delivery. In this case, the customer will be contacted by a representative of Rocka’s Diamonds BV to pay additional shipping costs.
4.8. Lack of delivery collection
If the customer does not pick up the package within the time limit, the package will be reshipped to Rocka’s Diamonds BV.
Rocka’s Diamonds BV will inform the customer that the purchased product(s) remain(s) at the disposal of Rocka’s Diamonds BV and will invite the customer to collect the purchased product(s) within one month after reshipment.
The customer will have the right to withdraw the purchased product after payment of the forwarding costs or to request the forwarding to his address after payment of the forwarding costs to Rocka’s Diamonds BV and the forwarding costs to the (new) address of the customer.
If the customer fails to collect on time, Rocka’s Diamonds BV is entitled to either demand payment or to dissolve the agreement unilaterally and without intervention of any judge / court. In this case, any advances already paid will be returned to the customer.
Article 5. DIAMOND CERTIFICATES
5.1 Diamond Certificates
When the “diamond grading report” needs to be replaced, Rocka’s Diamonds BV is entitled to request the customer to pay a lump sum of €190 to cover administrative costs.
5.2 Certificates used
Rocka’s Diamonds BV uses only high quality diamonds in its jewelry. For each piece of jewelry containing a diamond equal or superior to 0.3 carat, you will receive a certificate from a recognized diamond laboratory with a description of the 4 C’s of your stone. These laboratories are exclusively HRD, IGI and GIA. When a customer has specific preferences in terms of certificates before purchase, Rocka’s Diamonds BV will try to meet these preferences. Unless otherwise stated, Rocka’s Diamonds BV will never guarantee this. The customer will also explicitly agree to the description of the quality of the diamonds as stated on the certificates issued. Therefore Rocka’s Diamonds BV will not respond to any other arguments in this respect.
Article 6. APPARENT DEFECTS
6.1. Apparent defects
Customers of Rocka’s Diamonds BV are requested to inspect the purchased products immediately after delivery. Under penalty of foreclosure, complaints regarding apparent defects of the products must be notified in writing to one of the showrooms of Rocka’s Diamonds BV -as mentioned on the site- within 30 days after delivery / receipt.
6.2. Return shipping costs
The customer may be asked by a representative of Rocka’s Diamonds BV to reship the purchased product, which is the subject of the complaint, in which case the costs of reshipment shall be borne by the customer.
Article 7. RIGHT TO RENOUNCE AND EXCHANGE
7.1. Legal right to waive
– According to Book VI. Market Practices and Consumer Protection by the Belgian Code of Economic Law (hereinafter referred to as “AML”), the customer has the right – without motivation – to renounce the purchase of the purchased product within 14 days after delivery of the purchased product.
– According to Book VI. Market Practices and Consumer Protection of the Belgian Code of Economic Law, the customer is not entitled to renounce if the object of the purchase is a product specially offered or manufactured for the customer according to his own specifications (therefore not offered as standard on www.rockasdiamonds.com) or has an obvious personalized character. All items that are not offered as standard on www.rockasdiamonds.com are considered to be products with a personalized character. The following list is a non-exhaustive summary: custom-made jewelry, products with prices on request, loose diamonds, diamond jewelry with diamonds with specifications modified on specific request of the customer, precious stones, products listed on www.rockasdiamonds.com that have been modified in any way at the customer’s request, etc. These items are explicitly manufactured or purchased at the customer’s request and therefore have a personal character. The return policy is therefore not valid on these articles.
– For most purchases at Rocka’s Diamonds BV there is a delay between payment and receipt. Occasionally, it is possible to purchase, pay for and immediately receive a piece of jewelry available in one of the Rocka’s Diamonds BV showrooms.
– Therefore, the return policy does not apply here, since the customer has been able to evaluate the diamond jewel before payment, purchase and reception, as in any “brick and mortar” jewelry store.
– To avoid abuse, the right of renunciation (return policy) is only applicable in the case where the item ordered and purchased was actually delivered and received by the customer. In case the customer wishes to cancel an order before delivery, the return policy cannot be respected and therefore this request is considered as a breach of contract. Rocka’s Diamonds BV has the right to reject or accept the request. If Rocka’s Diamonds BV accepts the request, only possible if the product can be restocked at no extra charge, 5% of the product price excluding VAT. VAT will be charged to the customer to cover additional administrative costs resulting from the breach of the agreement.
7.2. Extension to the right of renunciation
– Notwithstanding the legal requirements mentioned in art. 7.1. of these general terms and conditions, Rocka’s Diamonds BV grants the customer (but only to private customers) the possibility – without motivation – to renounce the purchase within thirty (30) days after delivery of the product. purchased. The exception concerning the right to renounce according to art. 80, §4, 2 ° AMLA are applicable.
7.3. Conditions for the right of renunciation
– When the customer wishes to exercise his right of retraction, he is required to return the product delivered within 30 days of receipt of the jewelry.
– Before exercising his right of renunciation, the customer will inform a representative of Rocka’s Diamonds BV to renounce the purchase. If you wish to return your purchased jewelry, please fill out the following form .
– After the customer has informed the representative of Rocka’s Diamonds BV that he wishes to exercise his right of renunciation, the product must arrive at the commercial headquarters of Rocka’s Diamonds BV at 1030 Brussel, België, Gaucheretstraat 6, box 23 within fourteen (14) days. after the last day of the 30 day return policy is reached.
7.4. Reshipment of the purchased product by waiver
– The waived product must be returned to the commercial headquarters of Rocka’s Diamonds BV at 1030 Brussel, België, Gaucheretstraat 6, box 23, where a representative of Rocka’s Diamonds BV will receive it.
– Under no circumstances will Rocka’s Diamonds BV be responsible for (the organization of) the return, nor will it intervene in the organization of insurance coverage for returns.
– The costs and insurance for the return and the costs resulting from the incorrect application of the customs procedures related to the re-importation (outside the European Union) of the purchased jewelry will always be at the expense of the customer. Rocka’s Diamonds BV will never be liable for damage, theft and/or loss of the returned product/packaging.
– We advise the customer to treat the jewelry with care and to return the jewelry(s) in the original packaging with all documents and certificates . After receiving the jewelry at our headquarters in Antwerp, the jewelry will be subjected to a quality control by our product manager. If an item is returned to us in an unsuitable condition, compensation may be demanded. Rocka’s Diamonds BV can refuse the return if it takes place outside the 30 days following receipt.
– In the event that the absence of original packaging, documents, certificates or deterioration of the jewelry would result in a depreciation of the jewelry, Rocka’s Diamonds BV can claim compensation for damages equivalent to this depreciation. (article VI.51, §2WER)
7.5. Control of packages returned after waiver and / or exchange – Upon receipt of the object of renunciation by Rocka’s Diamonds BV in Brussels, it will be subjected to a quality control under the authority of the Product Manager of Rocka’s Diamonds BV, to check whether the condition of the returned product and the packaging does not devalue the purchase. product, object of the right of renunciation or to exchange, in any way whatsoever.
– Upon reshipment, Rocka’s Diamonds BV will notify the customer of the receipt of the reshipment by e-mail or telephone.
7.6. Refund of the price
The purchase price paid by the customer will be refunded by Rocka’s Diamonds BV within ten (10) working days following a satisfactory quality control of the purchased jewelry(s), as provided for in article 7.6. of these general terms and conditions. If the purchased jewelry(s) is (are) depreciated, as described in 7.4 above, the purchase price minus the estimated depreciation will be refunded.
– The reimbursement will be made by transfer to the bank account mentioned by the customer for this purpose.
– In order to avoid abuse: in case the customer, who has been refunded after returning a previous purchase, wishes to return a second purchase, an administration fee (5% of the purchase value) will be charged.
Article 8. RETENTION OF TITLE CLAUSE
8.1. Transfer of ownership
Notwithstanding delivery, the transfer of ownership of the purchased product will only take place after payment of the purchase price, including all fees, charges, taxes and interest due.
8.2. Retail sale, transfer, delivery, charges.
The customer has no right to retail, transfer, return or deliver, or to load the purchased product with personnel or real rights, before the transfer of ownership provided for in Article 8.1.
Article 9. GUARANTEES AND RESPONSIBILITIES OF THE PRODUCT
Rocka’s Diamonds jewelry line is the result of very deliberate and carefully thought-out choices in design, style, quality, manufacturing and safety, with the strictest guidelines applying to all of these factors. All of our jewelry is handcrafted and checked by skilled craftsmen with years of experience at every step of the process. In addition, each finished piece of jewelry is subjected to our strict overall quality control just prior to being shipped to the customer.
9.1. Hidden defects
– Rocka’s Diamonds BV guarantees the customer against hidden defects in the product(s) for up to twenty (20) years after delivery of the product.
– Hidden defects must be notified to Rocka’s Diamonds BV in writing within two months after their discovery.
– The customer is entitled to the rights provided for in articles 1649bis to 1649octies of the Belgian Civil Code.
– Paragraph 9.1 concerning the 20-year product warranty does not apply to watches. See art. 17 in our conditions of use.
9.2 Exclusion of warranty
Notwithstanding the provisions of article 9 of these General Terms and Conditions, Rocka’s Diamonds BV will not be bound by the guarantee in the following cases:
– Normal wear and tear;
– Inappropriate or unjustified use of the product;
– Modification and repair of the product without the consent of Rocka’s Diamonds BV;
– If the original invoice and certificates cannot be provided, have been altered or have become illegible;
– If the defects – even partial – have been caused intentionally, by gross negligence or lack of maintenance.
– In case of loss of one or more diamonds, unless an internal expert analysis shows that the loss is the result of a manufacturing error.
9.3. Customer warranties
The Customer is obliged to indemnify Rocka’s Diamonds BV against all claims of third parties against Rocka’s Diamonds BV which originate from the implementation of the agreement between the Customer and Rocka’s Diamonds BV (i.e. consequential damages), provided that the law does not preclude such damages and costs being charged to the Customer.
9.4. Costs relating to products excluded from the guarantee
Research expenses
The costs of research to analyse the basis of claims for hidden defects of a product purchased by Rocka’s Diamonds BV shall be borne by the customer if the claims appear to be unfounded.
Repair costs
For products that are excluded from the warranty but need to be repaired, Rocka’s Diamonds BV will send an offer to the customer prior to any repair. The customer can always refuse the offer. In that case, the product will be returned to the customer against prepayment of the costs for the return shipment and search by the customer.
9.5. Exclusion of ownership
Failing prepayment of the forwarding and search fees by the customer within six (6) months from the date of transmission of the offer,
– Rocka’s Diamonds BV shall have the right to charge these costs to the customer;
– Rocka’s Diamonds BV shall have the right to charge the storage costs (i.e. rent, insurance, etc.) to the customer;
– Rocka’s Diamonds BV shall have the right to appoint a receiver, authorized to sell the customer’s product, on behalf of the customer.
9.6. Damage limitation
Rocka’s Diamonds BV will never be liable for damage caused by a service or product provided – for whatever reason – for an amount that exceeds the amount of the invoice paid by the customer for said product service.
9.7 Reshipment of the product purchased using the product warranty
– The product, which is the subject of the use of the product warranty, must be returned to the commercial headquarters of Rocka’s Diamonds BV at 1030 Brussel, Belgium, Gaucheretstraat 6, box 23, where it will be received by a representative of Rocka’s Diamonds BV.
– The costs and insurances of reshipment and the costs resulting from the incorrect application of the customs procedures related to the reimportation (outside the European Union) of the purchased jewelry will always be at the expense of the customer.
– Rocka’s Diamonds BV will never be liable for damage – including theft and loss – of the product / packaging that is returned.
– Under no circumstances will B Rocka’s Diamonds BV be responsible for (the organization of) the return, nor will it intervene in the organization of the insurance cover for returns.
9.8 Minimum legal guarantee
Rocka’s Diamonds BV uses for the delivery of the goods the minimum legal warranty period of two years in case of non-confirmation of the goods with the order placed. This means that defects or faults (if it appears that it was a hidden defect or if the defect was already present before delivery) of the product up to two years after delivery will be repaired free of charge, or replaced. Rocka’s Diamonds BV’s 20-year commercial warranty does not affect these rights. If the defect or deficiency appears within 6 months after delivery, this will shall be deemed to have already existed prior to delivery, unless we can prove otherwise. After six months, you will have to prove yourself that the defect was already present at the time of delivery. The customer must inform Rocka’s Diamonds BV in writing within 2 months of the discovery of the defect or deficiency.
Article 10. RIGHTS AND OBLIGATIONS OF THE PARTIES – LIABILITY
10.1. Use of systems / connection
Rocka’s Diamonds BV disclaims any liability for damage caused by malfunctions of the hardware and/or software systems and all devices referenced to these systems, which are used to access the Rocka’s Diamonds BV website.
10.2. Safety and Precautions
The customer is obliged to inform Rocka’s Diamonds BV immediately of any problems related to access and use of the Rocka’s Diamonds BV website.
10.3 Unavailability of the site(s)
Rocka’ declines all responsibility for damages caused by temporary or permanent unavailability of its website.
10.4. Liability of Rocka’s Diamonds BV
Rocka’s Diamonds BV accepts no liability for damage to the customer or third parties caused by:
– All cases of force majeure. That is to say and not limited to force majeure, war, revolution, attempts, catastrophes, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond the will and control of Rocka’s Diamonds BV by which Rocka’s Diamonds BV cannot partially or fully meet its obligations and therefore does not grant the customer any right to financial compensation or cancellation of the order.
– The impossibility to establish the necessary connection to be provided by a service, the interruption of this connection for any reason whatsoever, problems in sending and receiving services, if these problems are caused by third parties
– Delays in the performance or non-performance of the services by third parties, such as delays or lack of transmission by communication providers contracted by the customer.
– Delays in execution or non-execution of the services by third parties contracted by the customer.
– Errors in the data provided by third parties to Rocka’s Diamonds BV;
– Recurrent unavailability of the Rocka’s Diamonds BV website(s) due to errors, omissions, interventions by third parties or technical defects, regardless of their nature and/or origin.
Are therefore contained in this provision concerning the unavailability of the site:
- Overloading of the network of the supplier chosen by the customer;
- Absence or negligence in the maintenance of the maintenance service providers of Rocka’s Diamonds BV
- All cases of force majeure. I.e. and in an unrestricted manner, force majeure, war, revolution, attempts, catastrophes, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond the will and control of Rocka’s Diamonds BV by which Rocka’s Diamonds BV cannot partially or fully meet its obligations.
- Decisions and / or obligations imposed by Belgian or foreign authorities;
- Hypertext links over which Rocka’s Diamonds BV has no control and which give access to the website;
- Incomplete or incorrect information from third party sources;
- Faults and negligence on the part of the customer himself.
10.5. 10.5. Damages and interest
Rocka’s Diamonds BV will never be liable for damage caused by a service or product provided – for whatever reason – for an amount exceeding the invoice amount paid by the customer for that service or product.
Article 11. INTELLECTUAL PROPERTY
– Customer expressly acknowledges that the intellectual rights concerning the name, all information transmitted, all images, all communications or other expressions concerning the products and/or the website are and remain the exclusive property of Rocka’s Diamonds BV, its suppliers or other right holders.
– Intellectual property rights are understood to mean patents, trademark rights, copyrights, designs and models and other intellectual property rights as technical and/or commercial know-how, methods and concepts.
– Rocka’s Diamonds BV refers to the provisions of the general terms and conditions (see art. 1.3., 1st paragraph). The products sold under the brand name Rocka’s Diamonds BV are protected by national and international laws (i.e. intellectual property laws) and remain the property of Rocka’s Diamonds BV. It is prohibited to use the trade names and brands ”Rocka’s Diamonds BV” and/or ”Rocka’s Diamonds BV” and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the brand name Rocka’s Diamonds BV or assign any rights to third parties.
The customer declares that the products are purchased for personal use and not for commercial purposes.
– Nothing in the General Terms and Conditions nor any act of copying and/or downloading information can be considered as a partial or complete transfer of the intellectual property of Rocka’s Diamonds BV to a third party or to the customer. The customer will not infringe the intellectual property rights of Rocka’s Diamonds BV .
– The customer is allowed to copy or download his own data or information that is his exclusive property, provided that he does not change any copyright or disclaimer or any other provisions.
– The customer shall indemnify Rocka’s Diamonds BV, and hold it harmless from any claims or legal action by third parties for damages caused by violations of this provision.
Article 12. PERSONAL DATA
Rocka’s Diamonds BV will process the personal data received from customers in accordance with the legal provisions regarding privacy, as mentioned on its website.
Article 13. CHANGES TO THE GENERAL TERMS AND CONDITIONS
13.1. Publication of changes
Notwithstanding article 1.4. of the general terms and conditions, Rocka’s Diamonds BV may at any time change these general terms and conditions, the prices on the website, the product range and its offers and will notify the customer of these changes on its website. These changes are applicable as soon as they are published on the website.
13.2. Acceptance of changes
The use of the website after the publication of the modification of the general terms and conditions of sale signifies the acceptance of the modified version of the general terms and conditions.
The customer is requested to consult the general terms and conditions at regular intervals.
Article 14. GENERAL PROVISIONS
14.1. The impossibility of fulfilling, nullity or invalidity of one of the provisions of these general terms and conditions shall in no way entail the impossibility of fulfilling, nullity or invalidity of all the other provisions of these general terms and conditions. In the event that the impossibility of fulfilling, nullity or invalidity of one of the provisions of these general conditions is certain, such provision shall be deemed to be non-existent …
14.2 . Unless expressly agreed otherwise, failure to assert a right or to apply a sanction will never result in the waiver of any right whatsoever.
Article 15. CONFLICT RESOLUTION, APPLICABLE LAW AND JURISDICTION
15.1 Dispute Resolution
Rocka’s Diamonds BV strives to please its customers. If a conflict arises with regard to the interpretation and/or execution of the agreement and these general terms and conditions, the customer will be invited to contact one of the representatives of Rocka’s Diamonds BV as soon as possible. Rocka’s Diamonds BV will endeavour to resolve problems, complaints and observations of the customer in a constructive manner, but always with reference to the “General Terms and Conditions”. Rocka’s Diamonds BV is a member of Safeshops.be and recognizes as such the complaints procedure on Safeshops.be. This means that you, the consumer, have the right to file a complaint on Safeshops.be.
Safeshops.be will act in such cases, without any further obligation, as an intermediary to try to find a solution to your complaint. The Consumer Mediation Service of the federal government is authorized to receive all requests for out-of-court settlement of consumer disputes. They will in turn process the request themselves or forward it to a qualified entity. You can access the Consumer Mediation Service via www.consumerombudsman.be . In addition, for disputes of a cross-border nature, you can call upon the European Union’s online dispute resolution platform via http://ec.europe.eu/odr. Furthermore, since we consider the commercial integrity of our staff to be our highest asset, we inform you that any form of of intimidation, defamation, threat, unreasonable behaviour, offence or unfounded incrimination against one of the representatives of Rocka’s Diamonds BV will not be tolerated and will directly result in the line of communication being handed over to our specialised legal team. In this respect, we draw attention to the fact that, in principle, Rocka’s Diamonds BV will take all necessary legal measures (including the initiation of legal proceedings) in order to protect itself against any form of intimidation, defamation, threat, unreasonable behaviour, offence or unfounded criminalisation.
15.2. Jurisdiction
When the parties have not been able to resolve the dispute amicably, only the courts of the judicial district of Brussels are authorized. These Courts will have exclusive jurisdiction for all questions of conflicts and disputes concerning the validity, interpretation, execution or termination of the contract between the parties. The language used for the disputes will be Dutch. In order to facilitate communication with the other party, Rocka’s Diamonds BV may decide – at its sole discretion – to use the English language, but this should never be considered as an obligation.
15.3. Applicable law
All questions, issues and disputes concerning the validity, interpretation, execution or termination of the contract between the parties shall be governed and interpreted only by Belgian law. No effect will be given to any other choice of law or conflict of law rules or provisions (Belgian, foreign or international) that would result in the application of any other law or the application of the Vienna Convention on International Sales.
Article 16. MISCELLANEOUS PROVISIONS
The registered office of Rocka’s Diamonds BV is located in 1030 Brussels, Belgium, Gaucheretstraat 6, box 23, KBO 0749.798.518, RPR Brussels.
For all questions, complaints and observations regarding services, orders, management, privacy issues or the general terms and conditions of Rocka’s Diamonds BV, please contact: – email : info@rockasdiamonds.com – phone: +32 (0) 487.110.441 (open every day from 9am to 6pm) – address: Rocka’s Diamonds BV, Gaucheretstraat 6, box 23, 1030 Brussel, België
Article 17. WATCHES
The terms and conditions of use as stated above also apply to Rocka’s Diamonds BV watches as offered on the site, with the exception of the points mentioned in this article. The rules relating to the watches as stipulated in this article 17 take precedence over the other rules of the terms of use.
17.1 purpose – items without diamonds
Rocka’s Diamonds BV is a brand of diamond jewelry, but we offer high quality watches with or without diamonds. These watches are made of 18 carat gold and meet our high quality standards. Diamond free watches can be purchased without any obligation to buy diamond jewelry.
17.2 Terms of delivery – delivery time
The estimated time depends on the delivery address and the type of product. The delivery time mentioned on the site is purely indicative and no rights can be derived from it.
Rocka’s Diamonds BV endeavours to deliver the purchased products or to have the purchased products delivered as soon as possible.
As a general rule, if the watch is in stock, a delivery time of 5 to 10 working days must be taken into account by the customer.
If the watch in question is not in stock, the customer must take into account a delivery time of 6 to 8 working weeks.
This delivery period starts after receipt of payment on the bank account of Rocka’s Diamonds BV.
17.3 product guarantee
The lifetime commercial product warranty(s) on jewelry offered by Rocka’s Diamonds BV to its customers after delivery does not apply to watches.
The minimum legal warranty of 2 years is fully applicable to watches. This means that defects or faults (if it is a hidden defect or if the defect was present before delivery) will be repaired or replaced free of charge, up to two years after delivery. If the defect or deficiency manifests itself within six (6) months after delivery, the defect shall be deemed to have already existed prior to delivery, unless proven otherwise. After six (6) months, the customer must prove that the defect was already present at the time of delivery. The customer must inform Rocka’s Diamonds BV in writing within 2 months after the defect or fault has been discovered.
Legal information and privacy policy
- Legal information
general information
The general terms and conditions apply to the website www.rockasdiamonds.com . By using this website, you (hereinafter the customer) agree to accept and abide by these terms and conditions and the conditions explained under “ www.rockasdiamonds.com legal and privacy policy) as stated on www.rockasdiamonds.com .
This website has been created and is managed by Rocka’s Diamonds BV, Gaucheretstraat 6, box 23, 1030 Brussel, Belgium, KBO 0749.798.518, RPR Brussel.
Intellectual property rights
Rocka’s Diamonds BV offers a line of high quality jewelry under its own name and brand. This jewelry line is offered and presented on the website and in the specific showrooms mentioned on the Rocka’s Diamonds BV websites.
All products manufactured and sold under the name and trademark of Rocka’s Diamonds BV are protected by national and international law (i.e. intellectual property rights) and are the property of Rocka’s Diamonds BV. It is prohibited to use the trade names and trademarks ‘Rocka’s Diamonds BV’ and/or ‘Rocka’s Diamonds BV’ and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the brand Rocka’s Diamonds BV or transfer any rights to third parties.
The customer undertakes to indemnify and hold Rocka’s Diamonds BV harmless against any claims or legal action by third parties for damages caused by the violation of these obligations.
Responsibility and liability of Rocka’s Diamonds BV.
Rocka’s Diamonds BV refers as far as possible and where applicable to the general terms and conditions published on www.bauant.com.
Rocka’s Diamonds BV puts a great deal of effort into the accuracy and completeness of the information provided to visitors to its website. The information, photos, descriptions on the Rocka’s Diamonds BV website or information given by e-mail and telephone are as accurate as possible. Rocka’s Diamonds BV pays the utmost attention to the information we share on our website. We cannot however guarantee that the information provided is always free of defects and faults. If the information provided contains an error that should be obvious to the average consumer, we will not accept any liability for this error. When the customer is confronted with unclear information, he can always contact a representative of Rocka’s Diamonds BV. The contact details of Rocka’s Diamonds BV are mentioned in these general terms and conditions and on the website.
When the price of a product, mentioned in the offer, is different from the actual price, a representative of Rocka’s Diamonds BV will contact the customer, before shipment of the purchased product, in order to give the customer the opportunity to either pay the price difference or to cancel the purchase. Rocka’s Diamonds BV apologizes for any problems that may result.
As indicated, the information, software, products and services (“information”) offered via this website may contain deficiencies of any kind. Therefore, notwithstanding its objective to provide information that is as accurate as possible, Rocka’s Diamonds BV accepts no liability for damage caused to the customer or third parties by circumstances as explained in article 10 of the General Terms and Conditions.
The products described and visualized on www.rockasdiamonds.com give an overview of the product ranges of Rocka’s Diamonds BV.
The mention of a product on this site does not imply a binding offer. And the stated intention of the visitor to acquire a product is insufficient to establish an agreement. Only after the visitor has approved his intention to purchase by accepting the general terms and conditions, Rocka’s Diamonds BV can make an offer with a guaranteed and fixed price.
Rocka’s Diamonds BV has the explicit right to change any information (of any kind) on the site at any time.
In some cases the customer will have to use a password to access certain parts of the site(s) of
Rocka’s Diamonds BV Access to these parts without using the password is strictly prohibited. The customer must keep the password received secret.
The customer undertakes to inform Rocka’s Diamonds BV immediately in the event of disclosure of the password to third parties or in the event of receipt of the password by a person/company other than Rocka’s Diamonds BV. Any use of the services of Rocka’s Diamonds BV, if necessary after the valuable identification of the password, will be considered as executed by the customer.
If Rocka’s Diamonds BV has reason to believe that the security of its website is in danger, it will have the right to change the customer’s password.
- Privacy Policy of www.rockasdiamonds.com (click here) .
- Questions, complaints and comments
If you have any questions, complaints or comments regarding Rocka’s Diamonds BV’s privacy policy (and related legal information), please contact:
– e-maill: info@rockasdiamonds.com
– phone: +32 (0) 487.110 .441 (open daily from 9am to 6pm) – address: Rocka’s Diamonds BV, Gaucheretstraat 6 box 23, -1030 Brussel, Belgium
Brussels, July 10, 2020