General Terms and
Conditions of Sale
1. ABOUT US
Elliot & Ostrich (“E&O“) is a private limited company under Belgian law.
Registered seat: Raapstraat 4 box 301, 2000 Antwerp (Belgium)
Company number (Belgian Crossroads Bank for Enterprises): 0749.864.933
(Belgian) VAT number: BE0749864933
RLE: Antwerp, division Antwerp
Website: www.elliotandostrich.com (owned and managed by E&O)
Telephone: +32 (0)490 48 88 53
Goods offered for sale via our website: (made to order) pieces of jewellery.
2. DEFINITIONS
Conditions: these General Terms and Conditions of Sale
Customer: any legal and legally competent natural person or legal entity who places an order for the purpose of concluding a sales agreement regarding the goods (“you” and “your” refer to the Customer)
E&O: Elliot & Ostrich BV, as identified under Section 1 (“we”, “us” and “our” refer to E&O)
Goods: (made to order) pieces of jewellery offered for sale via our website (including collection pieces, ‘one of a kind’ and ‘limited edition’ pieces)
Parties: the Customer and E&O
3. APPLICABILITY
The most recent version of the Conditions can be consulted on our website under the tab “General Terms and Conditions of Sale”. These Conditions are only available in English.
Before placing an order, the Conditions are provided to the Customer so the Customer is able to take note of these Conditions. We strongly recommend that you read the Conditions thoroughly before placing on order. By placing an order, the Customer acknowledges having read, understood and accepted these Conditions without any reservation. The Conditions will also be sent to you by email with your order confirmation. We recommend that you save a copy of these Conditions for your records.
These Conditions apply to all orders placed via our website, to all our offers, to all distance selling agreements between the Parties and to all invoices issued by E&O. In general these Conditions apply to all contracts concluded without face-to-face contact, also to situations where you have had a face-to-face appointment with us (e.g. at The Nest – our speak easy jewellery lounge) and subsequently (negotiate and) conclude the contract at a distance. Unless the Parties expressly agree otherwise in writing, these Conditions apply to the exclusion of all other terms and conditions. Acceptance of the Conditions also implies that the Customer fully waives the application of its own general terms and conditions or of a third party.
Only natural persons aged at least 18 (eighteen) or older and who are not legally incapacitated can place an order. A minor must be represented by their parent(s) or guardian. By accepting the Conditions, the Customer acknowledges being legally competent to place an order irrespective whether the Customer is a natural person or a legal person or entity.
4. OFFER, PLACING AN ORDER AND ACCEPTANCE OF ORDERS
The display of the Goods on our website (including the web shop, advertisements, images, etc.) does not constitute an offer in the legal sense. The sole purpose of the displayed Goods on our website is to invite the Customer to place an order. We strive to provide you with all necessary information, with an accurate description and image of the Goods which is intended to be sufficiently detailed to enable you to make an informed decision before the placement of an offer. Occasionally there might be information on our website or in our offer that contains typographical errors, inaccuracies or omissions. We are not bound to and cannot be held liable for these obvious mistakes, errors, inaccuracies or omissions.
To place an order on our website using our web shop, add the desired item to your shopping cart. Next, proceed to checkout and enter your billing and shipping details, and review your summary. Proceed with choosing your desired shipping method and by accepting our Conditions. In the final step, select your preferred payment method and confirm payment by clicking the ‘order with payment obligation’ button. We are available by phone or email for any inquiries during your online purchase.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed.
If Goods are part of a ‘limited edition’ or ‘one of a kind’ collection, subject to specific conditions or only available for a limited period in time, we explicitly mention this in the offer. In case of unavailability of any of the Goods, E&O cannot be held liable. The availability is subject to supplier stock and circumstances beyond our will. In the event we are not able to accept your order, we will inform you in writing and provide you promptly with a refund of the amount paid (at the latest within 7 business days). A refund following the non-acceptance of your order shall constitute a full and final settlement regarding the unaccepted order. Refunds issued by us do not accrue any interest.
Your order has been completed as soon as all requirements for placing an order have been fulfilled as set out in these Conditions including accepting these Conditions and full payment of the price. The sales agreement between the Parties will be concluded upon receipt of the order confirmation in writing to the Customer. The order confirmation in writing to the Customer confirms the order that has been placed.
5. OUR GOODS
Natural diamonds vs. lab-grown diamonds
We offer both natural and lab-grown diamonds.
Natural diamonds grow in mines, over millions of years, whereas lab-grown diamonds are grown in a lab using cutting-edge technology to replicate a natural diamond. Lab-grown diamonds are real diamonds, chemically and physically identical to natural diamonds, but sourced with lower environmental impact. Natural diamonds are a wonder of nature, intrinsically rare and hold their precious value over time.
Certification of diamonds
White diamonds starting from 0.50ct are delivered with a gemological certificate by GIA, IGI, HRD or other institute. Diamonds below 0.50ct can be certified upon your request and will be charged at an additional cost.
6. PRODUCTION AND DELIVERY TIME
Production starts once your order has been confirmed in writing, with reference to the relevant order and with the E&O invoice attached to it, and upon full payment of the said invoice.
We always aim for the shortest possible production and delivery time.
The production time is eight (10) weeks on average and depends among other things on the complexity of the design and availability of the gemstones.
Online orders are shipped and delivered Monday through Saturday, excluding major holidays. Shipping within Belgium can take up to 4 business days. For deliveries to neighbouring countries (The Netherlands, France, Germany, Luxembourg) it can take up to 5 business days. Shipment to all other destinations can take up to 15 business days.
Please note that these times are indicative and are subject to change or delay. They do not in any event imply an obligation of result for E&O.
If you need a piece before a specific date, please contact us before ordering to ensure this will be possible and to avoid any disappointment.
Unless agreed otherwise, the delivery deadline of the Goods is twelve (12) months after your order has been confirmed in writing.
7. SIZING
Rings
Before ordering a ring and you are not aware of the ring size, we recommend you to proceed with the following instructions.
In case you are ordering a ring for someone else, we suggest finding a ring which fits him/her well and going to option 2.
OPTION 1
You can order a ring sizer with us by email. The ring sizer will be charged at shipping cost.
OPTION 2
You can find a ring which properly fits the intended finger. Engagement and wedding rings are traditionally worn on the ring finger on the left hand. Be aware that the size of the fingers on the left versus the right hand can differ significantly. Be sure to measure on the hand where you intend to wear the ring. Be aware your hands are broader in the summer than in the winter due to heat. In case of doubt opt for a larger size. If you do not have a ring, take a piece of string. Tie the string around the finger intended for the ring. Do not tie too tight, leave some room for movement and swelling.
- Measure the diameter on the inside of the ring. You can measure with a ruler from side to side or draw a circle with a fine pencil on the inside of the ring. Measure precisely and capture the largest amount of millimetres.
- Consult our ring sizing chart, ask us by mail.
What happens if I order the wrong size?
Rings: Nearly all rings can be altered within a certain range, with a maximum of four (4) sizes larger or smaller.
For the sale of any gifts: if the receiver was not present for measuring and the exact size is unknown (e.g. engagement rings), the first resizing is at our charge (including return and shipping costs within Belgium and the Netherlands).
For all other resizings, a fixed additional cost will be charged (return and shipping costs excluded).
Bracelets: For bracelets, sizing is determined by measuring the circumference of the wrist. Use a flexible measuring tape to wrap around the wrist where the bracelet will be worn, leaving enough room for comfort (typically 1–2 cm extra). Alternatively, use a piece of string to measure the wrist and then measure the string with a ruler.
If purchasing as a gift, we recommend choosing a medium size unless you have specific sizing details. If resizing is required, a fixed cost will apply. For custom designs or adjustments beyond standard sizes, additional costs may be incurred.
Earrings: Earrings are typically one-size-fits-all and do not require specific sizing. However, for hoops or huggies, please ensure the diameter fits comfortably based on personal preference or anatomy. If you are uncertain, feel free to contact us for guidance.
Necklaces: To determine the correct length for a necklace, measure the desired drop using a flexible measuring tape or string, starting from the base of the neck to the intended point of rest (e.g., collarbone, chest, etc.).
If purchasing as a gift, we suggest opting for a versatile length such as 45 cm, which fits most preferences. For custom adjustments or extensions, an additional fee may apply.
8. PRICES
Prices mentioned in our offer are inclusive of VAT and transit insurance costs, and exclusive of shipping costs.
The Customer will be informed of the applicable shipping cost during the ordering process and before placing your order.
9. SHIPMENT COST AND INSURANCE
E&O offers free overland shipping within Belgium and the Netherlands. For all other countries an additional shipping cost applies. For information, please contact us by email.
Online orders are sent via our personal courier and are insured during transit of your order.
10. PAYMENT AND INVOICE
Full payment is required upon placing your order. We do accept cash payments up to 3.000 euro per order.
The payment methods as indicated in the order process. The following payment methods are accepted:
- Bank transfer (SEPA)
- Belfius Pay Button
- VISA, Mastercard or American Express
- iDEAL
- Bancontact
- SOFORT Banking
- Pay now
The terms and conditions of your card issuer will apply. If the issuer of your card declines to authorize payment, we cannot be held liable for any delay and/or non-delivery of your order. Appropriate technical and security measures have been take in order to secure the electronic transfer of data and payments in a safe website environment.
Payment will be made in euro (EUR).
11. VAT REFUND
Conditions for VAT refund:
- You provide proof of identity that your place of residence or usual place of residence is outside the EU.
- The total value on the invoice is at least 50 euro, including VAT.
- Take the invoice issued with your ID number with you.
- VAT can only be refunded for goods that are exported no later than the end of the third month following the month in which they were purchased and obtained.
How can you reclaim VAT?
In order to reclaim VAT, you must be able to prove that the goods have left the EU. You do this by reporting to the appropriate counter at the airport or seaport from which you leave the EU. You will need the invoice for this, which also contains your ID number.
The invoice is then stamped. E&O will receive a message directly or via an intermediary that the purchased goods are leaving the EU. This message is proof of export from the EU and is important for us. Based on this, you will receive a refund of the VAT paid from E&O.
Reclaim VAT via a customs counter or office.
You can also reclaim the VAT through Customs. You must then do the following at the (air)port of departure:
- Customs signs the invoice for export.
- You send the signed (copy) invoice to E&O
- You may also send another piece of evidence, such as a copy of a final import declaration into the non-EU country. This way you demonstrate that the goods have actually been exported from the EU.
- We will refund the VAT to you.
12. CLEANING INSTRUCTIONS
Cleaning your jewellery every two weeks is recommended in order to maintain its appearance. A gold & diamond jewellery cleaner (E&O Sparkle Bath) is available for purchase via our website. Professional cleaning and/or polishing is available upon request and at an additional cost.
13. CARE GUIDELINES
At Elliot & Ostrich, we understand the importance of preserving the beauty and quality of your jewellery for years to come. To help you maintain your pieces in pristine condition, we have provided the following care guidelines:
- Cleaning:
- Regular cleaning is essential to remove dirt, oils, and other substances that may accumulate on your jewellery over time.
- Use a mild soap or jewellery cleaner (also available at Elliot & Ostrich) and warm water to gently clean your pieces with a soft brush or cloth.
- Avoid harsh chemicals and abrasive cleaners, as they may damage delicate gemstones.
- Storage:
- Store your jewellery in a dry, cool place away from direct sunlight and moisture.
- Consider using individual pouches or compartments to prevent pieces from scratching or tangling with each other.
- Keep your jewellery separate from other accessories to avoid damage from friction and contact.
- Wearing:
- Remove your jewellery before engaging in activities such as gardening, exercising, or household chores.
- Avoid wearing your pieces in environments where they may be exposed to extreme temperatures, chemicals, or rough surfaces (f.e. The beach; the sand scratches).
- Take off your jewellery before applying lotions, perfumes, or hairsprays to prevent buildup.
- Handling:
- Handle your jewellery with care to avoid accidental damage or loss.
- Avoid pulling or tugging on delicate chains and clasps, as they may become weakened over time.
- Be cautious when wearing rings to prevent bending or misshaping, especially when performing manual tasks.
- Inspection:
- Periodically inspect your jewellery for signs of damage, loose stones, or worn components.
- If you notice any issues, such as loose prongs or missing stones, refrain from wearing the piece until it has been repaired.
- Regular maintenance and prompt repairs can help prolong the life of your jewellery and prevent further damage.
- Professional Services:
- Consider seeking professional cleaning and maintenance services for your jewellery on a regular basis.
- Professional jewellers can provide deep cleaning, polishing, and inspection services to keep your pieces looking their best.
By following these care guidelines, you can ensure that your Elliot & Ostrich jewellery remains beautiful and pristine for generations to come. If you have any questions or concerns about caring for your jewellery, please don’t hesitate to contact us. We are here to help you preserve the beauty and quality of your cherished pieces.
14. WARRANTY
General
The delivered Goods will be checked by the Customer immediately upon receipt. If one or more of the Goods ordered are missing or damaged, the Customer must immediately express its reservations with the carrier at the time of delivery. In any case, complaints regarding visible defects must be reported by the Customer in writing and documented to E&O within a period of 48 hours after delivery, under penalty of forfeiture of recourse. The burden of proof with regard to visible defects and non-conforming delivery rests with the Customer.
Complaints due to visible defects in the delivered Goods are only valid and will only be investigated on the condition that the delivered Goods have not yet been used or worn by the Customer.
After acceptance of the delivery of the Goods and the expiry of the 48 hours period, the Customer can only hold us liable for any hidden defects, except in the case of intent or gross negligence.
Our liability for any hidden defects in our Goods is limited to defects that manifest themselves within a period of six (6) months after the delivery of the Goods, insofar as the defect was already present at the time of delivery. Any hidden defects must in any case, under penalty of forfeiture of recourse, be reported immediately and at the latest within eight (8) days after the defect has been discovered. Every complaint must be formulated in writing and motivated. Goods that have not been used or worn correctly cannot give rise to hidden defects.
The Customer must always be able to present proof of purchase. The Customer is advised to keep the original packaging of the Goods.
Defects that arise as a result of accidents, neglect, falls, adjustments or changes to the Goods, heavy handed use, poor maintenance or any other abnormal use by the Customer or a third party, which was not lawfully authorized by E&O, or due to fire, water (flood), lightning or a natural disaster cannot be recovered from E&O. Any use that is not in accordance with our Care Guidelines is considered as abnormal use.
In the event of a visible or hidden defect for which we are liable, we will, at the Customer’s option, either (i) replace the defective Goods or (ii) repair the defective Goods or (iii) in a price reduction (in case of full refund, the defective Goods must be returned).
Please note that if any other jeweller undertakes work on one of our pieces, including resizing or repairs, without our prior written consent, this warranty will be voided.
Only for Consumers (legal warranty)
The following provisions solely apply to Customers that qualify as “consumer” within the meaning and fall under the scope of the Law of 1 September 2004 on the protection of consumers for the sale of consumer goods (the “Consumer”).
The Consumer has a legal warranty of two (2) years as from the date of delivery.
The delivered Goods will be checked by the Consumer immediately upon receipt. If one or more of the Goods ordered are missing or damaged, the Consumer must immediately express its reservations with the carrier at the time of delivery. In any case, complaints regarding visible defects must be reported by the Consumer in writing and documented to E&O within a period of two (2) months after delivery. Afterwards, any right to repair, refund or replacement will lapse.
Complaints regarding visible defects in the delivered Goods are only valid and will only be investigated on the condition that the delivered Goods have not yet been used or worn by the Consumer.
In the event of a hidden defect in the Goods, the Consumer must inform E&O in writing and documented as soon as possible. In any case, also in the possible application of the mandatory rules of the legal warranty, any hidden defect must be reported in writing by the Consumer within a period of two (2) months after its discovery. This legal warranty applies from the date of delivery. Afterwards, any right to repair, refund or replacement will lapse.
The Consumer must always be able to present proof of purchase. The Consumer is advised to keep the original packaging of the Goods.
Defects that arise as a result of accidents, neglect, falls, adjustments or changes to the Goods, heavy handed use, poor maintenance or any other abnormal use by the Consumer or a third party, which was not lawfully authorized by E&O, or due to fire, water (flood), lightning or a natural disaster cannot be recovered from E&O. Any use that is not in accordance with our Care Guidelines is considered as abnormal use.
In the event of a visible or hidden defect for which we are liable, we will, at the Consumer’s option, either (i) replace the defective Goods free of charge or (ii) repair the defective Goods free of charge. We reserve the right, if the costs of repair are disproportionate, to replace the defective Goods or exchange them for similar Goods. Only if the repair or replacement of the defective Goods is no longer possible within a reasonable period of time or without serious inconvenience to the Consumer, the Consumer is entitled to a price reduction (in case of full refund, the defective Goods must be returned).
Please note that if any other jeweller undertakes work on one of our pieces, including resizing or repairs, without our prior written consent, this warranty will be voided.
15. REPAIR
Any defects that are not covered by the warranty and/or arise after expiry of the relevant warranty period, we will repair at cost. Any necessary repair of pieces will be assessed on a case by case basis. Customers are responsible for return shipping costs and liable for any damage, loss or theft incurred during transportation or repair.
If your piece needs service or repair, you can return it to us at the below address: Elliot & Ostrich, Raapstraat 4/301, 2000 Antwerp, Belgium.
Please contact us prior to returning your piece, and ensure that all of your details, including your order number and return address are included. If you are returning a piece for resize, please ensure the new size is included and has been accurately measured. If you lost an earring, our ability to make a mate is dependent on the availability of materials. In order to ensure a best possible match, we request that you send in your remaining earring to be used as a guide.
We recommend using a courier service with full insurance to return your piece. Please ensure the shipment requires a signature on delivery and the piece is adequately packed and padded (as plain as possible without any logo or mentioning of jewellery). We will not accept any liability if the piece is damaged in transit due to poor packaging.
We will let you know once we have received your piece, to give you an indication of any cost involved, and expected timeframe.
For queries regarding repairs and resizes, please contact us by email.
16. EXCLUSION RIGHT OF WITHDRAWAL – NO EXCHANGE – NO RETURN
Due to the personalized and customized nature of our Goods according to customer specifications or which are clearly personalized, the right of withdrawal is excluded in accordance with article VI.73, 3° of the Belgian Code of Economic Law.
For Goods of which the prices are subject to fluctuations on the financial market over which we have no influence, the right of withdrawal is excluded in accordance with article VI.73, 2° of the Belgian Code of Economic Law.
This implies that you cannot correct, exchange or return the Goods ordered in the case you change your mind, you ordered the wrong size or provided us with incorrect text details. By placing an order you acknowledge and agree that once your order is confirmed in writing, the cancellation or withdrawal of your order is not possible and no refunds will be accepted.
We recommend that you confirm appropriate sizing according to our guidelines prior to placing your order.
17. LIABILITY
Under no circumstances we can be held liable for any damage of any nature whatsoever and to anyone resulting from incorrect use of our Goods.
E&O (including its appointees, representatives and/or employees) is only responsible for damage caused due to non-compliance with its contractual obligations, if and insofar as this damage is caused by its wilful misconduct, its gross negligence or that of its appointees. Except in the event damage caused by E&O’s wilful misconduct, its gross negligence or that of its appointees, the maximum liability of E&O is limited to the invoice value of the Customer’s order, or to the part of the order that the liability concerns and E&O may not be held liable for indirect damage, lost profit, missed savings or damage to third parties. Only the Customer is responsible for the use it makes of the goods.
18. FORCE MAJEURE
If E&O cannot fulfil its obligations due to force majeure, it will not be liable to the Customer. In case of force majeure, E&O is not obliged to pay any compensation.
Force majeure includes without limitation explosion, fire or flood, protest, riot, civil commotion, war, acts of terrorism, pandemic, government action, lock-outs, traffic problems, strikes or other industrial actions, import and export restrictions, embargoes, damage of equipment, internet failures, hacking of our website, electricity failures, e-mail traffic failures and failures or changes in technology supplied by third parties, illness or disability of E&O’s personnel, managers, directors, advisors or any other service provider, late delivery of the goods by suppliers, deficiencies in aids or means of transport and each circumstance or incident that results in the Goods not being able to be delivered in the normal manner, as well as similar circumstances that affect E&O’s service providers, (sub)contractors, suppliers and/or manufacturers. E&O shall also be released if the performance of its contractual duties has become substantially more onerous due to a change of circumstances beyond its reasonable control following the conclusion of the sale agreement. Any situation of force majeure or hardship as described above shall not entitle Customer to demand a renegotiation of the agreement or any form of compensation or damages and the corresponding provisions in the Belgian Civil Code shall not apply.
19. PRIVACY – PROTECTION PERSONAL DATA
We process your personal data and information according to our data protection policy as set out in the Privacy Statement available on our Website.
20. QUESTIONS, FEEDBACK AND COMPLAINTS
Any feedback, inquiries, questions, or complaints about your order or regarding these Conditions can be addressed to us by phone or email. We endeavour to respond promptly to your complaint and make every effort to find a satisfactory resolution for both Parties. Upon receipt of your complaint, we will send you an acknowledgment in writing within 48 hours to confirm that it has been received and will be investigated promptly. We aim to handle the complaint within a reasonable timeframe, striving to provide a resolution as expeditiously as possible.
In the event you would not be satisfied with the settlement of your complaint, you have the following options to find a solution:
- BELMED, the independent mediator by FOD Economy who will investigate the dispute and mediate towards a solution which is accepted by both Parties. The BELMED reporting point can be found [here];
The European Online Dispute Resolution (ODR) platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools: http://ec.europa.eu/consumers/odr/.
21. SEVERABILITY
In the event any provision (or part thereof) of these Conditions should be held to be illegal, contrary to a provision of mandatory law, void or unenforceable, this will not affect the validity and enforceability of the remaining provisions of these Conditions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or contrary to mandatory law. Such provision shall be considered severable and the remaining provisions shall continue in full force and effect. In such a case, the Parties shall negotiate in good faith to replace the invalid or unenforceable provision with a provision that is valid and enforceable and which corresponds as closely as possible to the intention underlying the invalid or unenforceable provision.
22. MISCELLANEOUS
The headings in these Conditions are intended for the convenience of the reader only and will not limit or otherwise affect the meaning or interpretation of the Conditions.
23. JURISDICTION AND GOVERNING LAW
These Conditions, as well as any agreement between E&O and the Customer and any dispute or claim arising out of or in connection with these Conditions and these agreements (including non-contractual disputes or claims) shall be governed by and construed in accordance with Belgian law, without any other choice of law or conflict-of-law rules or provisions (Belgian, foreign, including the United Nations Convention on Contracts for the International Sale of Goods (1980) (“Vienna Sales Convention”) (if applicable)) being applicable , as a result of which the law of a jurisdiction other than Belgium would apply.
The Dutch-speaking courts of the judicial district of Antwerp, Antwerp division, have exclusive jurisdiction for all differences, disputes and claims.
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