General Terms and Conditions of Sale

Our general terms and conditions of sale

Article 1: Identification of the seller

The art’emi online store is an e-commerce site accessible via the Internet, open to any user of this network. It is published by the company Art’emi sprl, headquartered at 63 Joseph Stallaert Street, 1050 Ixelles (Belgium), registered for VAT under number BE-0872 096 514.

The art’emi online store offers original creations for sale (hereinafter referred to as the “Products”) to internet users browsing the site (hereinafter called “Users”). For the application of these terms, it is agreed that the user and the company Art’emi sprl will be collectively referred to as the “Parties” and individually as “Party,” and that the user who has validated an order will then be called the “Buyer.” The rights and obligations of the user necessarily apply to the buyer.

For any additional information, do not hesitate to contact us:

• By phone: +32 475 500 510 (9:30 AM to 5:00 PM)
• By email: info@artemi.be

Article 2: Purpose

These general terms and conditions of sale aim to define the rights and obligations of the Parties arising from the sale of products offered on the site.

Article 3: Essential characteristics of the products offered

The essential characteristics of each product are described on the corresponding pages of the electronic catalog on the site. The product presentation photos on the site are not contractual and cannot engage the site's liability.

Certificates: all diamonds we deliver to you come with a diamond certificate issued by an independent gemological laboratory (such as the International Gemological Institute (IGI), the Hoge Raad voor Diamant or “Diamond High Council” (HRD), the GIA (Gemological Institute of America)) which describes their specific characteristics and includes a unique reference number.

The offer referred to in these general terms and conditions of sale as well as the delivery of products is available to all countries worldwide.

Article 4: Detailed mention of the price of the goods

The prices of our products are indicated in euros and only payments in euros are accepted.
Payment is due immediately upon ordering. It can be made in several ways:

• You can easily pay with your Visa, MasterCard/Eurocard, American Express credit card, or via PayPal and Stripe. In this case, the order will be processed after receiving authorization from PayPal or Stripe according to the procedure described in Article 8.
• By phone to customer service: +32 475 500 510 (9:30 AM to 5:00 PM).
• By email at info@artemi.be.
• By mail: art’emi sprl – 64 Joseph Stallaert Street – 1050 Ixelles – Belgium.
• By manual transfer to our account

KBC Bank Roodebeek
128 Roodebeek Avenue
1200 Brussels

IBAN Code: BE95 7330 2582 42 58 – BIC Code: KREDBEBB

In this case, the ordered product will only be delivered after payment is received. Therefore, it is advised to make the payment as quickly as possible by bank transfer.

An invoice will be issued by the Site. The buyer must specify the invoice delivery address.

Art’emi reserves the right to change its prices at any time and without notice. Products already ordered will be invoiced based on the rates in effect at the time the order was recorded.
A flash sale is a commercial operation aimed at offering the public a price reduction on products sold only between an opening date and a closing date.

The sale is declared closed when it has expired.
The customer will no longer be able to order the product at the price indicated during the flash sale once it has ended.

Contract modification:

• Reviewed in case of changes in applicable legislation, particularly regarding consumer law, taxation, or commercial regulations.
• The contract may be modified at any time by Art’emi. Changes take effect as soon as they are posted on the Site. The buyer is deemed to have accepted the new general conditions by placing an order after their publication.

In any case, the sale is declared closed when the available quantity of products is exhausted.

Article 5: VAT Payment Terms

Excl. VAT = Excluding Taxes; Incl. VAT = All Taxes Included.
Unless otherwise stated, prices shown on the Site include Belgian VAT.

Shipping in Belgium:
Individual and company: the sale is including all taxes, Belgian VAT of 21% included.

Shipping to another member country of the European Community:
Individual: the sale is including all taxes, Belgian VAT of 21% included.
Company: the sale is excluding VAT (provided you supply us with a valid intra-community VAT number).

Shipping to other countries:
Individual and company: the sale is excluding VAT. However, you will be responsible for declaring this import to comply with the tax regulations of your country of establishment.

Article 6: Shipping Fees

Deliveries are made worldwide. Shipping costs are the buyer's responsibility and are added to the price of the ordered product.

Products are shipped by the usual postal services or by carrier. Art’emi declines all responsibility in case of excessive delivery delays by postal services or transport means, as well as in case of loss of ordered products or strikes. Transport risks are borne by the user, who must file claims with the postal services or the carrier.

Delivery charges are automatically calculated as soon as you build your shopping cart and appear in the final amount when you complete your order.
Once we have processed your order and shipped the package, we will provide you with the corresponding tracking number.

All customs fees incurred are the responsibility of the customer.

In case of loss or damage to the product during transport, the customer must inform the carrier as soon as possible.

In case of unusual delay, an email will be sent to you.

Article 7: Conclusion of the online contract.

The user declares:

• be at least 18 years old and have the legal capacity to place and fulfill any order or have parental authorization allowing you to place and fulfill any order and be able to justify this at any time upon our simple request.
• You must be a natural person acting within the scope of your personal needs, which means that any order you place must correspond to the normal needs of an individual.

The user can view the various products offered for sale on the site. The user can freely browse the different pages of the site without being committed to an order.

Art’emi acknowledges receipt of the order only if the following steps are respected.

Step 1: you must enter all the requested data, namely:

• your first and last name.
• your contact details (phone and email).
• your exact billing address (for security reasons, we require it to be the one registered by the issuer of your bank card to protect you from possible fraudulent use).
• your exact delivery address.
• your payment method.

Step 2: to validate your order, you must:

• review the data you entered and correct any errors.
• check the box confirming that you have read and unreservedly accept the general terms and conditions of sale.
• click on "validated."

Step 3: after validating your order, you must confirm it again as a precaution. To do this, you must:

• click on "confirmed."

At any time, you can:

• Get a summary of the selected products at the top right of your screen.
• Continue your product selection by clicking on other items on the site.
• Complete your product selection and order these products by clicking on the cart at the top right of the site.

The Site acknowledges receipt of the order as soon as possible in the form of a summary email of the purchases, which will be sent to the email address provided by the Buyer during order confirmation.

Art’emi is only bound by the order upon sending this acknowledgment of receipt. Art’emi reserves the right to refuse, without any liability, any order concerning a user for just cause, especially if there is doubt or a dispute regarding the payment of a previous order.

When placing their order, the Buyer is informed of the Product’s availability. If the order cannot be fulfilled, the Site will inform the Buyer as soon as possible. The buyer may request to be notified by email of the availability of the missing product.

Article 8: Online Payment

The Site has chosen the credit card payment method via the secure PayPal or Stripe payment system, which encrypts all your card-related information during the online payment operation via the Site.

The cards accepted by the Site are as follows: Visa, Master Card/Eurocard, and American Express. At payment, the buyer must provide their credit card number and the card’s expiration date. The Site cannot be held responsible for the consequences of any use (fraudulent or not) of the credit card made by a third party, especially in case of message interception.

At the time of payment, the buyer is redirected to the secure PayPal or Stripe site for the entire payment transaction. This mechanism ensures the confidentiality of payment data (including credit card numbers). Thus, at no time does the Site have knowledge of the Buyer’s credit card number: only the financial institution receives it in encrypted form.

Once payment is accepted and confirmed by clicking on "proceed to verification and payment of your order," PayPal carries out the verification and online payment processing. For payments made by Belgian residents, payments will be definitively acquired by the Site at the end of the 14-day period referred to in Article 9.

Article 9: Withdrawal Period

In accordance with European Directive 2011/83/EU on consumer rights and the Belgian Economic Law Code, any non-professional Buyer has a right of withdrawal of fourteen (14) calendar days from the day after delivery, without having to justify the reason or pay penalties. To exercise this right, the Buyer must notify their decision to withdraw using the standard form available at the following address: https://www.artemi.be/pages/eu-formulaire-retractation or by any other unambiguous statement addressed to art’emi sprl – 64 rue Joseph Stallaert – 1050 Ixelles – Belgium, or by email to info@artemi.be. The buyer must return the product with a copy of their order or invoice. The Site will proceed with the refund within 14 days from the receipt of the returned product or proof of shipment (whichever date is earlier), without prejudice to the application of the terms of Article 10. Return costs are the responsibility of the buyer.

This provision will apply to any buyer benefiting from identical protection in their country of residence.

If a buyer exercises this right, the terms of Article 10 will apply.

Exclusions from the right of withdrawal

In accordance with Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply in the following cases:

• Personalized or custom-made items: any jewelry made or modified according to the buyer’s specifications (engraving, special size, custom assembly, etc.) is excluded from the right of withdrawal in accordance with Article 16 c) of Directive 2011/83/EU.
• Unsealed or used products: any product whose protective packaging has been opened or worn or used after receipt cannot be returned. The product must be returned in its original, intact packaging, accompanied by all its accessories and documents (certificate, invoice).

Products on special offer are neither accepted for return nor exchange, except for ring resizing.

Similarly, products that have been personalized or specifically inscribed at your request can no longer be refunded or exchanged.

Article 10: Return Procedures

Returns as provided in Article 9 above will only be accepted and will only result in a refund or exchange if our specialists confirm that the product fully complies with the one that was sent, without any damage, modification, or intervention of any kind.

The product must be returned in its original packaging, complete (original certificate provided, packaging, case, instructions…), in perfect condition and accompanied by a copy of the original purchase invoice. Therefore, any product returned incomplete, damaged, defective, or soiled will not be accepted under any circumstances.

Our specialists confirm that the setting and the stone, or any other component of the product, fully comply with the product that was sent to you, without any damage, modification, or intervention of any kind.

Furthermore, products that have been personalized or specifically inscribed at your request (including those whose setting has been engraved or whose diamond(s) have been laser inscribed or otherwise marked, apart from the certificate number) can no longer be refunded or exchanged.

In the case of an exchange, if the new order amount is higher than the order giving rise to the exchange, the user must include payment of the balance with the exchange request. Conversely, if the exchange amount is less than the order amount, the user will receive a refund of the overpayment under the same conditions as those mentioned above.

If a buyer exercises the right set out in Article 9, the return shipping costs are their responsibility. The return address is Art'emi SPRL – 64 rue Joseph Stallaert – 1050 Ixelles – Belgium. The return is at the buyer’s risk and the product must not have been used by the buyer.

Article 11: Delivery of the goods

The Site will do everything reasonable to deliver the Products as quickly as possible. Unless otherwise agreed by the Parties, delivery will take place no later than 30 days from the day after the Buyer placed their order.

Products are delivered to the delivery address provided by the buyer during the ordering process.

The buyer must check the package and the product upon delivery. If the buyer notices any visible damage at the time of delivery, they must have it recorded immediately on the delivery note before signing for receipt. In any case, in the event of visible or hidden damage, they must notify art’emi sprl – 64 rue Joseph Stallaert – 1050 Ixelles – Belgium by email and registered mail within 15 days (including holidays) from the delivery date (postmark as proof). After this period, no claims will be accepted.

If, exceptionally, the buyer does not receive their delivery within one month following their order, they are requested to inform the seller at the following address: Art'emi sprl – 64 rue Joseph Stallaert – 1050 Ixelles – Belgium.

Article 12: Ownership – Risks

The transfer of ownership of the Product to the Buyer will only take place after full payment of the price by the latter, regardless of the delivery date of the said Product. However, the transfer of the risks of loss and damage to the Product will occur upon delivery and receipt of the said Product by the Buyer. The date on the delivery note is proof of the delivery date.

Article 13: Warranty

The Site guarantees that the delivered Product complies with the accompanying certificate.

Each product is carefully inspected before shipping. The buyer must carry out a similar inspection upon receipt. Claims must be made in accordance with the provisions of Article 11.

The Site strives to describe and present the Products as accurately as possible. However, it is impossible to faithfully reproduce the actual color of the products on screen, and the color rendering depends on the computer equipment used by the customer; therefore, the Site cannot be held responsible for color accuracy. The documents associated with the products are provided for informational purposes only and are not contractual. The Site rejects any claims and does not guarantee satisfaction regarding color and descriptions.

The Site shall not be held responsible for any delay in the execution of an order or for any failure to execute an order if the delay or failure is due to a technical or other cause beyond its control. In such cases, the Site has the right to reasonably and necessarily delay transport and delivery or simply cancel any order.

No claims can be submitted and no warranty is granted beyond the period stipulated in Article 11. The warranties mentioned above are restrictive and replace all other warranties, whether explicit or implicit.

Article 14 – Repair and Maintenance

If a product is damaged and the warranty period has expired, you can return it to us. Return shipping costs will be your responsibility. Before sending us your product, please notify us by email (info@artemi.be) so that we can inform you of the repair costs.

We remind you that Art’emi uses precious and high-quality metals, stones, and leathers. They are treated according to jewelry-making traditions. It is therefore recommended to take care of them and avoid contact with water. Solid silver should be maintained with a very soft "special silver" cloth.

Article 15: Kimberley Process

All diamonds used in art’emi creations comply with the Kimberley Process.

The international community is concerned about the link between the illicit trade in rough diamonds and the financing of armed conflicts, particularly in Angola, Sierra Leone, and the Democratic Republic of Congo. Although "conflict diamonds" represent only a small part of the international diamond trade, they have serious impacts on peace, security, and sustainable development in the affected countries.

To address the issues, the United Nations established a process called the "Kimberley Process" aimed at ensuring that diamond suppliers can verify the origin of their stones and that they do not come from conflict or illegal sources.

Art’emi supports the Kimberley Process and pays particular attention to the selection of its suppliers to ensure their diamond supplies.

Article 16: Personal Data

The Site complies with the General Data Protection Regulation (GDPR – EU Regulation 2016/679 of April 27, 2016), applicable since May 25, 2018, as well as the Belgian law of July 30, 2018, relating to the protection of natural persons with regard to the processing of personal data, for all data processing and collection carried out in Belgium via the Site.

Under this law, each user has the right to consult, delete, modify, or correct their data. Consultation, deletion, modification, or correction by the user can be done by sending an email (info@artemi.be) or by writing to the Site at the address provided above.

The information collected at the time of the order is solely intended to better serve the User. The order and the acknowledgment of receipt sent to the Buyer are archived for five years from the delivery of the products subject to the order but are not made available to third parties. The Site commits to keeping strictly confidential the information it may have obtained in the execution of these terms and not to disclose it to anyone either during or after the termination of these terms.

Article 17: Intellectual Property

The Site and all its elements are protected by current intellectual property rights. They are the exclusive property of the company Art’emi. Use of this site is reserved for strictly personal use. Any reproduction or public communication of texts, photographs, or other materials published on the Site is strictly prohibited without the prior express written authorization of Art’emi. Any hyperlink directly linking to this site must have prior express authorization from Art’emi.

Article 18: Evidence

Computerized records, kept in the Site's computer systems under reasonable security conditions, will be considered as proof of communication, orders, and payments made between the Parties.

The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 19: Information Regarding Cookies 

On this platform, we use cookies (which are small files containing your browsing data) primarily to make navigation easier. Please read our cookie policy to learn more about the cookies used, their purposes, and other useful information.

Article 20: Acceptance of the General Terms and Conditions

These general terms and conditions apply to all offers, sales, purchases, and any other transactions generally between the parties.

Consequently, by using and/or calling upon the services of Art’emi, placing an order, and/or concluding any contract, the User irrevocably acknowledges having received a copy of these general terms and conditions and that they are binding upon them. They accept their application, to the exclusion of any other. The User’s general or specific terms and conditions never apply unless expressly agreed in writing and in advance by Art’emi.

These general terms and conditions of sale are available on the purchase validation page. If the user wishes, they can download, print, and archive a copy.

These general terms and conditions may evolve in the future. The User tacitly accepts each modification by continuing to use and visit the art’emi site. It is their responsibility to regularly review the new general terms and conditions of sale.

Art’emi invites the User to read the general terms and conditions and accept them by checking "I have read the general terms and conditions of sale and I accept them without reservation." During the ordering process to proceed with the purchase. Failure to do so will prevent the user from completing the payment of their purchases.

The fact that the user does not read the general terms and conditions of art’emi in their native language does not exempt them from their application. The general terms and conditions are offered in two languages [français/anglais].
The user wishing to purchase on the site declares having full legal capacity.

Severability of clauses:
The fact that any clause of the general terms and conditions of sale becomes null, unenforceable, void, illegal, or inapplicable by law, regulation, or following a final decision of a competent court shall not affect the validity, legality, or applicability of the other provisions of these general terms and conditions of sale and shall not exempt the customer from fulfilling their contractual obligations.

Article 21: Applicable law and competent courts

These general terms and conditions of sale are subject to Belgian law. The Parties agree to submit any dispute related to these general terms and conditions to the exclusive jurisdiction of the courts of Brussels.

By checking, "I have read the general terms and conditions of sale and I accept them without reservation, with enthusiasm!" During the ordering process, you declare that you have read all the provisions of the general terms and conditions and acknowledge accepting them.