Terms and conditions of sale
Article 1 : Seller’s identification
The online retail site Shelyah.com is an e-commerce website accessible via the Internet network open to any user of this network. It is edited by the Art’emi sprl corporation which headquarters are located 367 Avenue Louise, 1050 Brussels (Belgium), entered in the TA register under the number BE-0872 096 514.
The online retail site Shelyah.com sells original creations (hereinafter referred to as the “Products”) to Internet users browsing the Website (hereinafter referred to as the “Users”). For the purposes hereof, it is agreed that the User and the Company shall be collectively referred to as “the Parties”, and individually referred to as “Party”, and that the User that has validated an order will be thus referred to as “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 at customer service: +32 496 710 840 (9:30 AM-5:00 PM)
By email: contact@shelyah.com
By mail: Art’emi sprl – 367, Avenue Louise – 1050 Brussels – Belgium
Article 2 : Purpose
The purpose of these terms and condition of sale is to define the rights and obligations of the Parties arising from the sale of the Products offered on the Website.
Article 3 : Essential characteristics of the products offered
The essential characteristics of each Product are described on the corresponding pages of the online catalog of the Website. The presentation photos of the Products offered on the Website are non-contractual and cannot engage the responsibility of the Website.
Certificates: all the diamonds we deliver are supplied with a diamond certificate issued by an independent laboratory of gemology (like the International Gemology Institute (IGI), Hoge Raad voor Diamant or Diamond High Council (HRD), the Gemological Institute of America (GIA)) that describes their distinctive characteristics and have a unique reference number.
The offer referred to in these terms and conditions, as well as the delivery of the Products, is offered to all countries.
Article 4 : Detailed statement of the price of the property
The prices of our products are in Euros and only payments in euros are accepted.
Payment is due immediately after the order. It can be issued with several means:
With your different credit cards, with PayPal or Mollie. In these cases, the order will be processed after receiving approval from PayPal or Mollie in compliance with the procedure described in the Article 8.
Manual bank transfer to our account
KBC Bank Roodebeek
128 chée de Roodebeek
1200 Brussels
IBAN: BE95 7330 2582 42 58 – BIC: KREDBEBB
In this case, the ordered Product will only be delivered after payment is received. Therefore, it is advisable to settle the payment as soon as possible.
An invoice will be issued by the Website. The Buyer will have to precise the billing address.
Ar’emi sprl reserves the right to change its prices on the Website Shelyah.com at every moment and without precious notice. The Products already ordered will continue to be invoiced on the basis of the rates in force at the time the order is registered.
A flash sale is a commercial operation which purpose is to offer the public a price reduction on products offered for sale only from a start date to 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 at the moment of the flash sale once it has expired.
Contract amendment:
Can be revised
Can be changed
In any case, the sale is declared closed when the number of available products is sold out.
Article 5 : Terms of payment of the VAT
Unless otherwise specified, prices displayed on the Website include the Belgian VAT.
Shipping to Belgium:
Private and company: the sale is inclusive of taxes, the Belgian VAT of 21% is included
Shipping to another member country of the European Community:
Private: the sale is inclusive of taxes, including the Belgian VAT of 21%
Company: the sale is exclusive of taxes (under the condition that you provide a valid intra-Community VAT number).
Shipping to the other countries:
Private and company: the sale is exclusive of taxes without VAT. It is up to you to declare this import, so it complies with tax regulations in your country of establishment.
Article 6 : Shipping costs
Our products can be shipped worldwide. Shipping costs are at the expense of the Buyer and added to the price of the ordered product.
The Products are transported by the usual postal services or by a carrier. Art’emi sprl disclaims all responsibility in case of excessive delivery time because of the postal services or transport means, as well as in case of loss of the Products ordered or strike. The risks related to transportation are supported by the user who will have to make the usual requests to the postal services or to the carrier.
The shipping costs are automatically are calculated as soon as you make up your shopping cart and appear in the final amount at the moment when you complete your order.
When the order is processed and the package shipped, you are sent the number corresponding to your package for tracking.
All custom duties are at the expense of the customer.
In case of loss or damage of the product during transportation, the customer will have to inform the carrier as soon as possible.
In case of excessive delivery time, an email will be sent.
Article 7 : Entering of the online contract
The User declares:
to be at least 18 years old and to have legal standing to place and honor an order, or to be in possession of a parental consent allowing you to place and honor an order, and to be able to justify it at any moment on our simple request.
to be a natural person acting within the framework of your personal needs (to that extent that any order you place must correspond to the normal needs of an individual).
The User can become aware of the different Products offered for sale on the Website. The User can browse freely on the different pages of the Website, without being engaged at the pull of an order.
Art’emi sprl acknowledges receipt of the order on the website Shelyah.com only if the following steps are respected.
1st step: you have to fill in all the required data, that is to say:
your last name and first name
your contact information (phone and email)
your precise billing address (for reasons of safety, we request that the billing address is the one registered by the institution issuing your bank card, in order to protect you from a potential unauthorized use)
your precise delivery address
your payment method
2nd step: to proceed to check out, you must:
review the data you provided and correct the potential mistakes
tick the box confirming that you are aware of and accept without reservation the terms and conditions of sale
click on “validate”
3rd step: after validating your Order, as precaution, you have to confirm it one more time. To do so, you must:
click on “confirm”
At every moment, you can:
get a summary of the selected Products, in the upper right corner of your screen
continue your Product selection by clicking on other articles on the website
complete your Product selection and order these Products by clicking on “cart” in the upper right corner of the website.
The Website acknowledges receipt of the order without undue delay in the form of an email that summarizes the purchases that will be sent to the email provided by the Buyer during the confirmation order.
Art’emi sprl is bound by the order only from the moment this acknowledgement receipt is sent. Art’emi sprl reserves the right to deny, for reasonable grounds and without liability, any order issued by a user, especially if there is a doubt or dispute regarding a previous order.
When entering their order, the Buyer becomes aware of the Product availability. If the order cannot be fulfilled, the Website informs the Buyer as soon as possible. The Buyer can ask to be updated on the availability of the missing Product by email.
Article 8 : Online payment
The Website opted for the payment method by credit card through the system of secured payment PayPal or Mollie that allow to encrypt all the data related to the use of the card at the time of the online payment transaction on the Website.
All credit cards are accepted by the Website. At the time of the payment, the Buyer must provide the number and expiration date of their credit card. The Website cannot be taken responsible for the consequences of any use (fraudulent or not) of the credit card that would be made by a third party, especially in case of message interception.
At the time of the payment, the Buyer is redirected to the secured website of PayPal or Mollie to make the transaction. This system ensures privacy of the payment data (especially the credit card numbers). Thus, the Website knows the credit cards numbers of the Buyer at no time: only the financial institution gets them encrypted.
Once the payment is accepted and confirmed by clicking “proceed to the verification and payment of your order”, PayPal proceeds to the verification and implementation of the payment. Regarding the making of payments by Belgian residents, the payments will be definitively acquired by the Website at the end of the 14-day period referred to in Article 9.
Article 9 : Period of withdrawal
In compliance with the Belgian law, any Buyer established in Belgium has the right to inform the Website they withdraw their purchase within the fourteen business days following the day after the delivery. The Buyer in question must attach to the package a copy of their Order or invoice. The Website will proceed to repayment, within 30 days, in the amount of the price of the Product without prejudice to the application of the detailed rules laid down in Article 10.
This disposal will apply to any Buyer benefiting from an identical protection in their country of residence.
If a Buyer exercises this right, the terms of Article 10 apply.
The Products with special offers are neither taken back nor exchanged, except in the case of a wrong ring size.
The same way, the Products that have been engraved with a specific personalized inscription at your request are neither taken back nor exchanged.
Article 10 : Take-back terms
The returns provided for in Article 9 above can be accepted and result in a repayment or an exchange only if our specialists confirm the product is in accordance with the one that has been sent, without damage, alteration or operation of any kind.
The product must be returned in its original and complete packaging (original of the certificate supplied, packaging, box, instructions…), in perfect condition and attached with a copy of the original invoice of purchase. Therefore, a Product returned incomplete, damaged, or tarnished will not be taken back.
Our specialists confirm that the setting and stone, or any other product element, are in accordance with the product that has been sent to you, without damage, alteration, or operation of any kind.
Besides, the Products that have been subject, at your request, to a specific personalized inscription (especially if the setting has been engraved or if the diamond(s) has(ve) been subject to a laser inscription, apart from the certificate number) cannot be taken back nor exchanged.
In case of exchange, if the price of the new order is higher than the one of the exchanged order, the User will have to attach to the exchange request the payment of the remainder. On the contrary, if the amount of the exchange is lower than the one of the new order, the User will receive a repayment of the overpayment under the same conditions as the ones stated above.
If a Buyer exercises the right stated in Article 9, the costs of returning the goods to the sender are at their expense. The address for returns is Art’emi sprl – 367, Avenue Louise – 1050 Brussels – Belgium. The refund is at the Buyer’s own risks and the Product must not have been used by the Buyer.
Article 11: Delivery of the good
The Website will do all reasonable things to deliver the Products as soon as practicable. Unless the Parties agree otherwise, the delivery happens within 30 days following the day after the one the Buyer registered their order at the latest.
The Products are delivered at the delivery address provided by the Buyer during the ordering process.
The Buyer must imperatively check the package and the Product at the moment of the delivery. If, at this moment, the Buyer notices visible damage, they must have it noted on the transport document before signing for receipt. At all events, they must, in case of apparent or hidden damage, give notice of claim by email and registered mail to Art’emi sprl – 367, Avenue Louise – 1050 Brussels – Belgium, within 15 days (public holidays included) from the delivery date (postmark as proof). After this period, no claims will be accepted.
Should the Buyer never receive their delivery unexpectedly within the month following their order, they are required to inform the Seller at the following address: Art’emi sprl – 367, Avenue Louise – 1050 Brussels – Belgium.
Article 12 : Property – Risks
The transfer of ownership of the Product in favor of the buyer will be carried out only after full payment of the price by the latter, whatever the delivery date of the Product. On the contrary, the transfer of the risks of loss and deterioration of the Product will be carried out as soon as the Product is delivered and received by the Buyer. The date on the transport document serves as proof of the delivery date.
Article 13 : Guarantee
The Website guarantees that the Product delivered is in accordance with the certificate that comes with it.
Each Product is carefully examined before transportation. The Buyer must proceed to a similar examination at the moment of the receipt. All claims must be addressed in accordance with the terms of Article 11.
The Site strives to describe and present the Products with the greatest accuracy. However, it is impossible to faithfully reproduce on screen the real color of the Products. Moreover, the color rendering depends on the computer hardware used by the customer. Thus, the responsibility of the Website cannot be engaged regarding the reliability of the colors. The documents associated to the products are given for information purpose only and are non-contractual. The Website does not accept any claim nor grand warranty for dissatisfaction regarding the color and the descriptions.
The Website cannot be taken responsible for any delay in the execution of an order or for any non-execution of an order if the delay or the non-execution is due to a technical matter or any other matter beyond its control. In this case, the Website has the right to delay within reason and necessity the transportation and delivery, or simply to cancel any Order.
No claim can be sent, and no warranty is granted beyond the time period mentioned in Article 11. The guarantees in question above are limitative and replace all the other guarantees, whether they are explicit or implicit.
Article 14 – Repair and maintenance
If a Product is damaged and the guarantee period has expired, you can return it to us. The return costs are at your expense. Before sending us your Product back, please inform us by email (contact@shelyah.com) so we can tell you the amount of repairs.
We remind you that Art’emi sprl uses precious and quality metals, stones, and leather. They are treated in the jewelry tradition. It is therefore recommended to take care of your jewelry and to keep them away from water, acid, abrasive cream, perfume, and bittersweet soap. Sterling silver must be maintained with a very soft “special silver” rag.
Article 15 : Kimberley process
All the diamonds used in the art’emi creations are in accordance with the Kimberley process.
The international community is concerned about the link between illegal trade of raw diamonds and the financing of military conflicts, especially in Angola, Sierra Leone and Democratic Republic of Congo. Even though “blood diamond” is only a small part of the international trade of diamonds, it has heavy consequences on peace, safety, and sustainable development of the involved countries.
To solve this problem, the United Nations have implemented a process called “Kimberley process” which aim is to guarantee diamond suppliers the origin of their stones and to ensure they do not come from conflicts or illegal sources.
Ar’emi sprl supports the Kimberley process and pays special attention to the choice of its suppliers, and thus ensures their diamond supplies.
Article 16 : Individual-related data
The Website is in compliance with the Belgian Act of December 8th, 1992 about the processing of personal data for all data processing and collections carried out in Belgium via the Website and included in the files of the Website.
Under this Act, each User has the right to consult, delete, change, or correct their data. The User can consult, delete, change or correct its data by sending an email to contact@shelyah.com or by writing to the Website to the address above.
The only goal of the data collected during the ordering process is to serve the User better. The order and acknowledgement receipt addressed to the Buyer are archived for a five-year period from the date of the delivery of the products ordered but are not available to a third party. The Website undertakes to keep confidential the data it has collected in the execution of this agreement and not to disclose it to any person either during the execution of this agreement or after its termination.
Article 17 : Intellectual property
The Website and all its elements are protected by the right to intellectual property in force. They are the exclusive property of the Art’emi company. The use of the present Website is reserved to personal use only. Any reproduction or public communication of the texts, photos or other elements displayed on the Website is forbidden without prior, express, and written authorization from Art’emi sprl. Any hyperlink redirecting to the present Website must be subject to its prior express authorization.
Article 18 : Proof
The computerized records archived in the computer systems of the Website in a reasonably secure manner will be considered as proves of communication, orders and payments occurred between the Parties.
The storage of the receipts and invoices is made on a reliable and lasting support that can be presented as proof.
Article 19 : Information related to cookies
On this platform, we use cookies (small piece of data containing your navigation data) mainly to make the navigation easier. Please read our cookie policy to learn more about the cookies we use, their aim and other useful information.
Article 20 : Acceptance of the terms and conditions
The present terms and conditions apply to all offers, sales, purchases, and other operations generally of any kind between the Parties.
As a consequence, by the very fact of appealing and/or using the Art’emi services, placing an order and/or enter into any contract, the User irrevocably acknowledges they received a copy of the present terms and conditions and that these are enforceable against him, and they agree on their application, to the exclusion of any others. The general or special conditions of the User are never applicable, except with the express agreement, in writing and beforehand by the Art’emi company.
These terms and conditions of sale are available for consultation on the purchase’s validation page. If the User wants, they can download them, print, and file a copy.
These terms and conditions can change in the future. The User tacitly agrees on each modification by using and browsing the Shelyah website. It is up to them to regularly read the new terms and conditions of sale.
Art’emi invites you to read the terms and conditions of sale and to accept them by ticking “I have read the terms and conditions of sale and I adhere to them without reserve” during the ordering process to continue your purchase. If the User does not do so, it will be impossible for them to proceed to payment of their purchases.
The fact that the User does not read the terms and conditions of Art’emi in their native language does not in any way exempt them from their application. The terms and conditions are available in two languages [French/English].
The User who wishes to buy on the Website declares to have full legal capacity.
Severability of clauses:
The fact that any clause of the terms and conditions becomes null, unenforceable, illegal or inapplicable due to a law, a regulation or following a final decision of a competent court will not call into question the validity, legality, applicability of the other provisions of these terms and conditions and will not exonerate the customer from the execution of his contractual obligations.
Article 21 : Applicable law and relevant courts
The present terms and conditions of sale are subject to the Belgian law. The Parties accept to submit any dispute in relation with the present terms and conditions to the exclusive jurisdiction of the Courts of Brussels.
By ticking “I have read the terms and conditions of sale and I adhere to them without reserve” during the ordering process, you declare you have read all the provisions of the terms and conditions and you agree to accept them.