Terms and Conditions

Introduction and Acceptance of Agreement

Jaensch.com is a commercial internet (e-commerce) website freely accessible to the general public. The site is owned and operated by Jaensch bvba (a limited liability company), registered as Belgian company number 0536.528.378 and as Diamond Company 10689 respectively. The registered company address of Jaensch bvba is: Jan van Rijswijcklaan 19/2, 2018 Antwerpen, Belgium. The website acts as an online sales platform for Jaensch bvba, a pure diamond and gemstone wholesale (B-to-B) and retail (B-to-C) company. Jaensch bvba hereby grants Peter Jaensch, registered as sole trader 0650.703.120 and seated at the same address, the express right to use Jaensch.com jointly as a platform for the purpose of fine jewellery sales. Both separate commercial entities are represented by diamond and gemstone merchant Peter Alexander Jaensch, Member of the Diamond Bourse Antwerpsche Diamantkring CVBA, carrying World Federation of Diamond Bourses Mark numbered ADK2369. For the purpose of these terms and conditions and the website, Peter Jaensch and Jaensch bvba are collectively referred to herein as ‘Jaensch’, pronounced [Yensh]. The website Jaensch.com acts as a commercial platform offering diamonds, (precious) gemstones as well as fine jewellery for sale to both professional/trade clients and the general public.

Please read carefully through these “Terms and Conditions”, herein laid out in English, before using the website, as your use of this website and any purchases from it will signify an acceptance of these “Terms and Conditions” and constitute a binding agreement between you the user and Jaensch, also referred to herein as ‘us’. Should you not agree to any of these terms please do not use or make any purchases from the website. You as the user intending to purchase from this website hereby declare that you have the entire legal capacity to do so.

These terms and conditions include, among other guidelines, our policies pertaining to product offering, order, payment and shipping as well as privacy. Please note that these terms also apply to any other contracts which you may enter with us using remote communications technology such as a telephone.

We reserve the right to change or modify these terms and conditions at any time and at our sole discretion. Any changes will be effective immediately on posting on the website and it is your responsibility to review the terms and conditions every time you use this website. Your continued use of the website signifies your acceptance to be bound by the latest version of the terms and conditions. When you make an order from Jaensch that order shall be governed by the version of the Terms and Conditions in force at that time. Not acquainting yourself with the general terms and conditions in your familiar language does not exempt you of their full implementation.

These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous correspondence, discussion, negotiation, arrangement, understanding or agreement between you and us relating to the subject matter of a contract.

Disclaimer and Limitations of Liability

We will not be liable for any loss of profit that results from our failure to comply with these terms and conditions, nor for any subsequent damage or loss incurred by you, which our failure to initially perform our obligations may have caused. Other than as explicitly provided under these terms and conditions, any warranties, indemnities or terms are hereby excluded to the fullest extent permitted by law. Our total liability to you for all claims that you may make under this agreement shall not exceed the total value of the goods to which your claims relate to. You and us further agree that our only liability in respect of any representations and warranties that are set out in these terms and conditions will be for breach of contract.

We will not be liable or responsible for any delay towards, or failure to perform, any of our obligations under a contract caused by a ‘Force Majeure event’, that is any event beyond our reasonable control. Our performance under any contract may be suspended for the period of a ‘Force Majeure event’ and we will have the right toward a reasonable extension of time for performance covering to that period.

Waiver to Terms of Contract

Our (repeated) failure to insist upon strict performance or enforcement of your obligations, or to exercise any of our rights to which we are entitled to under these terms and conditions or a contract, does not signify a waiver – an intentional or voluntary renunciation of any such rights or claims – on our part and does not relieve you from compliance with any such obligations. No waiver of any of the terms and conditions will be effective unless it is expressly communicated to you in writing.

Nothing in these terms and conditions excludes or limits our liability for fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude our liability.

Severability of Terms

If any court or competent authority decides that any of the provisions of these terms and conditions or of a contract are found to be unlawful, invalid or unenforceable to any extent, the term will to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted under the law.

Law and Jurisdiction

Any litigation relating to the “Terms and Conditions” including contracts for the purchase of goods through this website and any disputes or claims relating to them including non-contractual disputes or claims will be governed by Belgian law and solely be of the competence of the Belgian Courts.

Intellectual property

‘Jaensch’ is the trading name of Peter Alexander Jaensch and Jaensch bvba respectively.

The website Jaensch.com in its entirety and all content on this website including texts and graphic elements such as logos, icons, images or audiovisual clips as well as digital downloads, data compilations and software remain the exclusive property of Peter Alexander Jaensch or its content suppliers and are protected by Belgian, EU and international copyright laws. Any public reproduction of content belonging to Jaensch is strictly prohibited without our written permission. Any links connecting external websites to this website may only be created after prior written approval by Peter Alexander Jaensch.

Where you purchase bespoke or customised jewellery from us, you acknowledge that all intellectual property rights pertaining to such items remain with us. Unless explicitly mentioned otherwise, we grant you no permission to copy or produce derivatives of our jewellery designs.

Product Offering

Product offers on this website are made to any country of the world. Products offered include loose diamonds and (precious) gemstones as well as jewellery consisting of such ornamental stones. Products and corresponding pictures are shown and described as part of the offering of the online sales catalogue. All documents, descriptions and pictures featured along with the offered products are indicative or for illustration only. Pictures may vary slightly as it is impossible to exactly reproduce the true colour of diamonds and gemstones on-screen. The colour of a specific stone also depends on the hardware and settings used by you. Although the website endeavours to present the products with the greatest accuracy, we expressly do not give guarantees relating to the exactness of colour or description of a product.

All diamond and gemstones offered are unique and are or may upon request and against a nominal fee be accompanied by an independent diamond grading report (such as GIA, HRD or IGI) or certificate as in the case of precious stones (DSEF, GRS, Guebelin, SSEF, AGL, CGL). These documents describe the characteristics of a specific stone including its colour, shape and cutting style, carat weight, measurements, colour intensity, colour origin and distribution. Diamonds may be laser inscribed. Where diamonds are not laser inscribed, they may at your request be laser inscribed against a nominal fee. We guarantee that the delivered product matches the accompanying diamond grading report or gem certificate respectively.

All our jewellery items are hallmarked featuring a fineness mark denoting the precious metal content of the worked alloy and our company’s specific sponsor’s mark “Yensh”.

Warranty of Goods

We warrantee that all goods purchased from us via this website will on delivery conform to their description, be of satisfactory quality, and be fit for the purpose for which products of that kind are usually supplied. We guarantee that all our jewellery products are free from defects and/or poor craftmanship. Our jewellery products have a 12-month warranty against defects in manufacturing and workmanship. This warranty does not apply to unset diamonds and (precious) gemstones as well as jewellery items that have been subjected to excessive wear and tear, abuse or physical damage including breakage. We shall neither warrantee explicitly any damage you make to tips, corners and pointed or narrow edges of diamonds or gemstones, nor shall we warrantee specifically damages caused to your diamonds and gemstones where these have fallen out from their mount without a manufacturing defect of the mount.

Ethical Diamond and Gem Sourcing

All diamonds and (precious) gemstones offered for sale on the website originate from legitimate sources not involved in the funding of conflict. All diamonds offered comply with the United Nations resolutions’ Kimberley process. We hereby guarantee that these diamonds are conflict free based on our personal knowledge and/or the written guarantees provided by the supplier of these diamonds.

Treatments

All diamonds offered through this site are exclusively of natural origin and untreated (unless explicitly mentioned otherwise) based on our personal knowledge and/or the written guarantees provided by the original supplier of these diamonds. We do not offer any ‘synthetic’ or lab-grown diamonds.

Special Services

You have the possibility to reserve (block) specific stones you intend to purchase from the website. To guarantee availability an ‘on-hold’ deposit, which amounts to at least 5% of the purchase price or 200 EUR, whichever is greater, needs to be advanced up-front. This ‘on-hold’ deposit is not reimbursed in case the purchase is cancelled by you.

We offer bespoke, made-to-order jewellery. This jewellery is subject to a minimum 30% advance down-payment. We are pleased to offer you re-sizing services too.

Buying Your Gems

You are welcome to offer us any antique or modern (certified) diamonds and precious stones you would like to sell. We will gladly issue you a fair purchase quote.

Trade Professionals, Jewellers and Retailers

Professional clients worldwide are welcome. We offer you an extensive diamond and precious stones supply service. With us you avoid intermediaries and purchase directly from the Antwerp Diamond wholesale market providing you with the possibility to offer your customers a selection of beautiful diamonds and (precious) gemstones at competitive prices.

Trade Consignments

Professional clients in good standing and new clients that can demonstrate strong trade references, may, after having passed due diligence, be considered for receiving goods on consignment.

Where goods are being consigned to you the consignee, by us the consignor, you will receive a consignment note from us which you must sign, thereby confirming receipt of goods under consignment.  The consignment note lists basic attributes and values of the consigned goods it pertains to. Goods will be considered on consignment until full receipt of payment by us from you and until they are sold. Goods on consignment may only be sold with our prior consent. At our request, consigned goods must be returned immediately.

Pricing

Prices are quoted in USD and EUR. Only payments in United States Dollars and Euro at applicable spot foreign exchange rates are accepted. The price confirmed by us at the end of the ordering process, after receipt and verification of your order, is the total price including all taxes and fees. Payment is due at the time of order. Whilst we make every effort to verify that all prices on our website are correct, sometimes errors do occur. If an item’s price and/or features displayed are incorrect we will contact and notify you and at our discretion reject your order. We will issue you a full refund of any payment(s) should you cancel an order under these circumstances. Where we cancel your order in this way you agree that we will hold no further liability towards you.

Value Added Tax (VAT)

Since we cater to the international wholesale and retail trade as well as private individuals, all prices indicated on jaensch.com, unless otherwise mentioned, exclude Belgian Value Added Tax (VAT). This 21% VAT rate will be added to the total net amount in case of European Union (EU) customers that are Private Individuals and whose billing and shipping address is within EU territories. As of 2018 following countries are EU member states: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

All customers outside the European Union are exempt from paying VAT. Online sales to the US, Canada, Australia, Switzerland, Singapore, Hong Kong and most countries are zero rated and free of Belgian VAT. However local taxes may apply.

Professional/ Trade clients from within the EU, except for Belgium, are exempt from VAT provided they supply a valid EU intra-community VAT number. Belgian professionals registered as dealers in unmounted diamonds and/or gemstones are also exempted from VAT according to article 42, 4 of the Belgian VAT-book. All other Belgian companies must pay VAT at the rate of 21% and will be refunded by the Belgian VAT authorities.

The applicable EU VAT numbers are BE0536.528.378 (Jaensch bvba) for loose gemstones and diamonds and BE0650.703.120 (Peter Jaensch) for (un)mounted jewellery.

Value Added Tax (VAT) refunds

Visitors from outside the EU are entitled to a full VAT refund on goods they have purchased during their stay within the EU provided these goods are shown to customs on departure along with the necessary vat refund documentation including purchase invoice(s). To fulfill these conditions, you the buyer need to export the goods within 90 days of purchase and provide proof of Non-EU residence status on leaving the EU customs zone. Goods must have a minimum administrative threshold value of 125 Euro. Customs will check goods and validate purchase receipts with custom stamps. To claim a refund, you need to return the original stamped purchase receipt(s) to us along with your bank details. These will be provided to the Belgian VAT authorities. Upon refund by the VAT authorities, which usually happens on a quarterly basis, the refund(s) will be returned to you.

Viewings and Inspection

Most items may be viewed at our showroom and by appointment only. We do not currently offer viewings on items below 1500 EUR value. For items above 10000 Eur value we offer a secured off-site viewing service. For secured viewings of items organised outside of our showroom, such as at locations provided by Brinks or Malca-Amit, a non-refundable deposit will need to be paid in advance by you, to cover (return) shipping and insurance costs of the items requested for remote inspection. Once the items are ready for viewing at the pre-agreed location, you will be notified and upon such a notification have up to 72hours to view the items. Should you be unable to view the items within 72 hours, the items will usually be returned. We also reserve the right to request the secured viewing procedure against a non-refundable deposit for very-high value items on-sight in Antwerpen.

Ordering

You may browse freely through the different products offered for sale on the website and without any purchase engagement whatsoever. If you want to place an order you will have to select the product(s) you are interested in. Once selected these will be added to the shopping cart. On reviewing the item(s) in the shopping cart, you will be invited to place your “order”. After placing your order, we will send you an e-mail acknowledging that we have received your order. All purchase orders remain subject to our final approval. We may at any time prior to dispatching orders and at our sole discretion terminate our agreement with you in respect of any goods

You are advised to print out the order email for your own records, since we do not provide direct access to the details of your purchase(s) on the website. Please contact us by email or in writing in case you wish to obtain specific details of your previous purchase(s).

In case of technical reasons beyond our control, we are permitted to reasonably postpone or cancel any pending order.

Availability and Substitutes

Items ordered remain subject to availability. We will inform you as soon as possible, should we for any reason be unable to supply any item(s) you have ordered. Where possible we will offer you a substitute of at least equivalent quality. You will have the option of accepting the substitute or obtaining a full refund of any sum(s) you have already paid for the good(s) that cannot be supplied. Any such refund is in full and final settlement of any claims and will be remitted to your nominated account within 30 days.

Payment

Payments must be done at time of order. You the buyer are requested to provide us with a postal address, so we can send you a copy of the invoice. For all loose diamonds and (precious) gemstones purchased an invoice will be issued by Jaensch bvba (BE0536.528.378). All Jewellery items purchased will be invoiced by Peter Jaensch (BE0650.703.120).

The buyer is responsible for all costs incurred by us from you in obtaining payments from you, particularly in the event where a failed payment occurs on your side. Buyers accept liability for any bank charges incurred in the payment of any payment by their bank.

We accept cash on collection up to the legal maximum of 3000 EUR total only.

Bank transfers (wire payments) on all orders are accepted in EUR and USD. Bank transfers are our preferred method of payment and free of charges (other than your bank’s charges).

Our bank details are:

For loose diamonds only and (precious) gemstones:

State Bank of India (SBI) Antwerp

Korte Herentalsestraat 3

2018 Antwerpen, Belgium

Account Holder: Jaensch bvba

Account (USD): 668-0016212-50    

Account (EUR) IBAN: BE86.6680.0162.1250

SWIFT BIC: SBINBE2X

USD Correspondent Bank: State Bank of India New York, SWIFT BIC: SSBINUS33XXX

For loose (precious) gemstones:

KBC BANK NV

Schupstraat 18-20

2018 Antwerpen, Belgium

Account Holder: Jaensch bvba

Account (EUR & USD) IBAN: BE76.7390.1234.7895

SWIFT BIC: KREDBEBB

USD Correspondent Bank: The Bank of New York Mellon New York, SWIFT BIC: IRVTUS3NXXX

For Jewellery:

KBC Bank NV

Schupstraat 18-20

KBC BANK NV

2018 Antwerpen, Belgium

Account Holder: Peter Jaensch

Account (EUR & USD) IBAN: BE08.7390.1234.8505

SWIFT BIC: KREDBEBB

USD Correspondent Bank: The Bank of New York Mellon New York, SWIFT BIC: IRVTUS3NXXX

Anti-Money Laundering Provisions

In compliance with Belgian, EU and International Anti-Money Laundering directives we are legally required to request your proof of identity (copy of passport or identity card) on all per item purchases of 10000 EUR and above. Private customers must supply a proof of identity. Professional trade customers need to provide a proof of identity of the managing director/employee along with company bylaws/statutes. Wherever a company acts on behalf of a third-party intending to purchase an item above 10000 EUR we require proof and identity (of the Ultimate Beneficial Owner) of this third-party.

Transfer of Ownership

The goods will remain our property until they have been fully paid, irrespective of the date of delivery. In case you receive an item, you have not paid for, and you are requested to return the item, you must do so immediately and without delay.

Items that have been made-to-order and/or are ready for collection or dispatch, and have been partly or fully paid by you or for which at least a deposit has been advanced respectively, but are left with us for more than 90 days despite reasonable attempts made by us to contact you, are deemed to pass ownership to you and can neither be returned nor refunded.

Transfer of Risk

The transfer of risk of loss or damage of the product occurs the moment the product is delivered and officially handed over to you the buyer. The date indicated on the shipping note acts as evidence for the date of delivery. Upon acceptance of delivery, insurance and protection of merchandise become the sole responsibility of you.

Collection in Person

Orders can be collected personally by you, directly from us at the showroom, with an appropriate proof of identity such as a passport or driving license or an equivalent document. Where an item is being collected on your behalf by a third person, we require your original proxy in writing entitling that person to collect the item from us.

Shipping

Shipping of the product ordered will only occur after receipt of the payment in full. All items are carefully inspected before shipping and shipped in a protective, tamper-proof and secure box. Shipping will be done to the address received along with the order as indicated by you the buyer. Shipment is usually done through specialised door-to-door courier services, such as Malca-Amit, Brinks, FedEx, Ferrari, Intex and typically take anywhere between 1 and 3 days. Shipping can be done as an express or regular service. Shipments remain confidential and fully insured until you receive the shipment into your custody. Goods will be shipped with the least possible delay and delivery usually takes place within 5 to 14 working days. On orders of 500 Eur and below we also propose standard postal signed-for service. This shipping option is at buyer’s risk and takes between 7 to 14 days. If you need to know the expected delivery date of an item, please call or email us. Please inform us should you not have received the shipment within 30 days following the order.

Shipping is charged to you on an individual basis, according to the shipping service chosen and added to the final price of the ordered product.  Supplementary shipping charges for shipping outside the European union may apply.

The courier company will only hand the products over to the you at the verified address against an official document proving his identity and after signing for reception of the shipping note. Should a payment have been made by credit card, you for your own security may be asked to show your credit card and/or identity card.

You must verify the package and product at time of delivery. If at the time of delivery any visible damaged is noticed, you must immediately notify the transporter by making a written note on the shipping note before signing for reception. In case of any visible or hidden damage you need to notify us by registered letter or electronic mail within 14 days. After this period no claims will be accepted.

Goods are deemed to be delivered when the courier company or agent delivers them to the delivery address and the delivery note has been signed. In case delivery has been attempted without success the items will be deemed to have been delivered when you collect them from the indicated collection point/address. You are required to collect the goods within the time period indicated on the notification received informing you that the Goods are awaiting collection. Once this time has passed, the goods will be considered to have been rejected and returned to us. You will then be refunded the cost of the Goods less the cost of delivery and return costs charged to us by the courier service.

We also offer rough to jewellery designers, private clients and collectors. Any shipments containing rough diamonds destined for countries outside of the European Union require a Kimberley Certificate which the Antwerp Diamond Office will issue at our request. The fees for this document amount to 0.035% in EUR of the value of the rough being shipped as well as a fixed administrative fee of 7EUR per shipment. These costs will be added to the total of the order purchase price.

Import duties and Local taxes

In case you order goods from our website for delivery outside of Belgium, they may be subject to import duties, local taxes and/or government charges that apply in your country. We are not responsible for any taxes, import duties or other expenses charged by authorities outside of Belgium. You are solely responsible for payment of any import duties, taxes and/or government charges in the country of destination. You are also responsible to declare any import and conform with the laws and regulations of the country of destination. We will not be liable for any breach by you of any of these laws. Please contact your local customs office for further information before placing an order.

Returns, Cancellation and Period of Revocation

We offer you standard returns, exchanges and/or refunds on all lose, unset diamonds and (precious) gemstones and non-customised jewellery (see exceptions) within 14 days of purchase so long as the item(s) conform(s) with the product(s) that had been originally shipped, without any damage(s) and/or wear and tear. Should any jewellery item showing any signs of damage and/or wear and tear be returned to us, we may accept the return of that specific item at our sole discretion only. In these circumstances we are entitled to reduce your refund by the value that is equivalent to the cost it takes to return the item to its original condition.

Due to constant market fluctuations in the international diamond wholesale markets we reserve the right to deduct a minimum 10% or 150Eur (whichever amount is greater) for processing and handling from the reimbursement amount in the case of diamond purchases.

To cancel a contract, you must inform us in writing, by email or letter. In case of cancellation or return of your purchase, please send us an email with order/invoice number, description and shipping details. Goods must be returned to us as soon as possible and within 7 working days. The item(s) must be shipped back along with the original packaging, complete with all grading reports/certificates and accompanied by a copy of the original purchase invoice. Where certificates/grading reports are not returned you will be charged for a replacement.

Insofar as the site has received the returned package, the site will reimburse you the buyer within the next 30 days. Any (third party) payment commissions and expenses and/or delivery costs incurred by us as well as charges towards compensation of possible damages or depreciation of an item will be deducted from the reimbursement amount.

Exceptions to Your Rights of Cancellation of Contract

Any items viewed in-store before purchase or collected in-store after having been viewed online cannot be returned and are exempted from the 14-day right of cancellation of contract. Any bespoke items or those which have been commissioned or customised in any form including engraved items are non-refundable. For Health and Safety reasons, earrings will not be considered for return. Items that have been damaged in a way that exceeds any reasonable wear and tear will be refused and are exempted from refunds. If a purchased jewellery item has in any way been tampered with or altered/modified by yourself, another jeweller or any other third party, the 12-month warranty against defects in manufacturing and workmanship as well as the general return policy no longer apply, and the item becomes non-refundable.

Return Shipments

We strictly advise you to return any items tracked and insured. We cannot be held responsible for any loss, theft or damage of return shipments in transit. The risks as well as the costs for returning the goods including shipping and insurance are your own responsibility. You must retain a proof of the shipping documentation. If you have any questions regarding returns, please contact us by email.

Returns must be shipped to Jaensch bvba, Jan van Rijswijcklaan 19/2, 2018 Antwerpen, Belgium.

Computer Related Offences and Warranties

You must not knowingly introduce any computer viruses or malware or any other material that is malicious or technologically harmful. Under no circumstance must you attempt to gain unauthorised access to our website, the server on which our website is hosted/stored, or any server, computer or database connected to our website. By breaching any of these provisions, you would commit a criminal offence. Any breach will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

We will verify the accuracy of any information on the website to the greatest reasonable extent possible but give no warranty of any kind regarding the contents or availability of the website or that it will be timely or free of errors, or that the site or the server from which it is made available are free of viruses or malicious programs. We will not be liable for any loss or damage caused by viruses, malware or any other technologically harmful material that may infect your computer hardware or software, or any loss or content or other personal data due to your use of our website or to your downloading of any material posted on the website, or any other website linked to it.

Evidence

The computerized files recorded in the information system belonging to the website remain evidence for any communication, orders as well as payments between you and us. Purchase orders and invoices are additionally filed on durable support (paper) for evidence.

Electronic Communications

When you visit Jaensch.com or send electronic mails to us, you also consent to receiving communications from us electronically. You agree that all communications including notices and agreements that we send you electronically, satisfy any legal requirement that such communications be in writing.

Personal Data

Please refer to our Privacy Policy which is part of these terms and conditions.

Contact

Should you have any questions, suggestions or complaints you are most welcome to contact us. Our contact details are:

Jaensch bvba

Jan van Rijswijcklaan 19/2

2018 Antwerpen

Belgium

E-mail: info@jaensch.com

Mobile: +32 (0) 485.413.523

WhatsApp: +32 (0) 485.413.523

©Jaensch, 2019. All Rights Reserved. Photography: Donald Woodrow Design: Kre8 Design

©Jaensch, 2019. All Rights Reserved.
Photography: Donald Woodrow
Design: Kre8 Design

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