1. Applicability
In these General Terms and Conditions, the following terms have the following meanings:
'ASAPdiamonds': having its registered office, listed under enterprise number BTW-BE 0882.421.866.
'Purchaser': any legal entity (B2B) that has or will be having a contractual relationship of whatever nature with ASAPdiamonds.
'Products': the subject of one or more sales contracts (membership fee for digital marketplace).
ASAPdiamonds is a new communication platform where registered diamond Bourse traders can easily post short requests and offers.
Once your membership application has been approved by the ASAPdiamonds team, you can create, consult and reply to requests and offers that were posted on ASAPdiamonds.com.
ASAPdiamonds.com only enables requests and offers , we cannot be held responsible for the contents that were posted.
Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force.
Any General Terms and Conditions applied by the Purchaser are not applicable. ASAPdiamonds reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.
By using the website or another electronic portal of ASAPdiamonds and/or placing an order (this is applying for a membership status), the Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. ASAPdiamonds can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. ASAPdiamonds can be reached via ‘asapdiamonds.com’.
2. Information and contracts
ASAPdiamonds places information regarding the features of online platform with the utmost care, including technical descriptions which are based on details of its partners and suppliers, and pictures, diagrams, work methods, read examples illustrating the various options and tariff plans,. All this in so far as technical means allow and in accordance with the best standards in the market.
A contract is concluded at the moment ASAPdiamonds approves the membership application, in case the offer was made via the website, has been sent to the e-mail address indicated by the Purchaser.
ASAPdiamonds and its Purchaser explicitly agree that a valid sales contract is concluded by using electronic forms of communication. In particular the lack of an ordinary, digital or electronically qualified signature does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of ASAPdiamonds shall be considered to be presumptive evidence, in so far as the law permits such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected, given or made as accurately as possible.
3. Prices
All prices are expressed in EURO (and possibly in other international currencies such as USD) and include VAT and other taxes.
Special offers are only valid as long as stated by ASAPdiamonds. The Purchaser owes the price communicated to it by ASAPdiamonds in its confirmation in accordance with article 2.3 of these Terms and Conditions.
Obvious or abundantly clear errors in the quotation, such as evident misstatements, can also be corrected by ASAPdiamonds after formation of the contract. Delivery charges are communicated in a clear manner to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.
4. Digital delivery
Different regulations apply for digital supplies. Thus, no real life carrier is defined. ASAPdiamonds will act as supplier on its digital platform, and will honor your order depending on the electronic queue.
ASAPdiamonds takes no responsibility at all for any viruses, errors in the code, corrupt file components, and related defects which may occur during the transmission (delivery) of electronic communications. Also, force majeure or failures by third parties, can not be invoked against ASAPdiamonds. Digital products, as set forth in Article 8 ("Exchanges") can not be returned.
The delivery date mentioned only applies as an indication, in so far as the Belgian Market Practice Act (Wet Marktpraktijken) permits, reason for which no rights can be derived from it. Delivery takes place at the (virtual) (IP-)address specified by the Purchaser on concluding the contract. As soon as the products to be delivered have been delivered to the specified (virtual) address, the risk passes to the Purchaser.
5. Identity theft
ASAPdiamonds stores your identity and information over a period of time in a secure, encrypted database, environment. ASAPdiamonds believes all possible and appropriate precautions have been taken. Therefore, ASAPdiamonds cannot be held liable for possible identity theft or financial theft.
6. Defects and complaint filing
The Purchaser is always obliged to scrutinize the products immediately following digital receipt. Complaints from the Purchaser related to defects of the product or digital delivery that can be observed on the outside, must be notified in writing to ASAPdiamonds by the Purchaser within seven (7) days from delivery (or within seven (7) days from the invoice date if the products are not (or could not be) delivered to the Purchaser). The Purchaser is not entitled to return any product in respect of which there exists no reasoned complaint.
7. Changing
The Belgian Market Practice Act provides that the Purchaser can return the product within a period of time of 14 working days without any consequences in the sense of penalties or giving reasons. This is called the right of withdrawal.
However, products which are not changable by their nature (applicable for digital goods) fall outside the scope of Article 47, § 4, 2 ° WMPC. Applications for memberships are ‘services on demand’, which also fall outside the scope.
Thus, no reimbursement is possible under the current and applicable regulations.
8.URL’s
URLs included on the website or other electronic communication portals, which are actually controlled by ASAPdiamonds, are to be clicked and visited entirely on the Purchaser’s own responsibility.
9. Force majeure
In case of force majeure, ASAPdiamonds shall not be obliged to comply with its obligations in respect of the other party. ASAPdiamonds will be entitled to suspend the performance of its obligations for the duration of the force majeure.
Force majeure shall be taken to mean any circumstance beyond its control which entirely or partially prevents compliance with its obligations in respect of the other party.
10. Intellectual property
All intellectual property rights and derived rights continue to be retained by ASAPdiamonds. These intellectual property rights shall be taken to mean copyrights, trademark rights, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.
11. Processing of personal data
The information you have stated is necessary for the processing and completion of orders and the preparation of invoices and guarantee agreements. If these data fail, the order is inevitably cancelled.
Giving incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the ASAPdiamonds website.
12. Applicable law and competent court
Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from ASAPdiamonds or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.
© 2014 DeJuristen Intellectual Property and IT Law. The information presented (general terms and conditions, privacy statement and disclaimer) is protected by copyright law, so the information may not be reproduced or transmitted without prior written consent of DeJuristen . All applicable intellectual property rights are thus preserved.