Terms of service

1. Definitions

1.1. In these general terms and conditions CaratBlanc OÜ uses the following terms with the meaning shown:

Order:
The order you place via the CaratBlanc website.

You(r):
The natural person (consumer) that uses the website and/or  purchases products via the website.   

Gift card(s):
The gift card(s) issued by CaratBlanc.

Agreement:
The agreement whereby you purchase products via the website.

Product(s):
CaratBlanc brand products which CaratBlanc sells on its website.

CaratBlanc/we/us/our:
The private company with limited liability CaratBlanc OÜ, having its principal place of business in Tallin, Estonia Kesklinna linnaosa, Ahtri tn 12, 15551, registered with the Chamber of Commerce under number 16839319 , which can be contacted by e-mail via customerservice@caratblanc.com

Terms and conditions:
These general terms and conditions.

Website:
The CaratBlanc website www.caratblanc.com and variants thereof.

2. Agreement between you and CaratBlanc
2.1. These terms and conditions apply to your use of the CaratBlanc website, any offer by CaratBlanc and any agreement formed.

2.2. Before an agreement is concluded the text of these terms and conditions will be made available to you via the website and they can always be downloaded via the website.

2.3. All offers by CaratBlanc, whether made verbally, in writing, or by telephone, are non-binding, unless CaratBlanc has explicitly included a deadline for acceptance. The website therefore does not contain any binding offers, unless stated otherwise.

2.4. Offers by CaratBlanc are based on information issued by you and you guarantee that said information is correct. An agreement is formed by means of a written or electronic confirmation from CaratBlanc.

2.5. CaratBlanc collects and processes your personal data in line with our privacy and cookie statement.

2.6. CaratBlanc is entitled to amend these terms and conditions unilaterally. In that case the amended terms and conditions will also apply to existing agreements between you and CaratBlanc. If the amendment of essential terms and conditions is to your detriment, you will be entitled to cancel the agreement with CaratBlanc without costs or compensation within 14 days after CaratBlanc has informed you about new general terms and conditions, with due regard for a notice period of 14 days.

3. Orders
3.1. By placing an order on the website, you agree with these terms and conditions. In principle you will receive an order confirmation immediately after placing the order. After that you will receive (except in the case of pre-orders) an e-mail at the moment that your order starts to be produced, and at the moment that it is dispatched.

3.2. In order to place an order you must have an e-mail address. You can place an order as an existing customer or as a guest.

a) As soon as you have received a confirmation e-mail you will still have 4 hours during working hours (09.00 to 17.30) to cancel or amend your order by contacting our customer service. The cancellation and amendment options may differ in the case of (temporary) campaigns and promotions. For those types of specific cases, please refer to our website. After that it will no longer be possible to amend the order.

3.3. CaratBlanc reserves the right to amend an order, for example if the requested specification, combination, or inscription is impossible.

3.4 In the unfortunate event that an order cannot be delivered, you will be informed as quickly as possible. If the order has already been paid for, we will attempt to refund the payment to you via the payment method you used. If the refund must be done in some other way, CaratBlanc will inform you accordingly and ask you to contact customer service so that they can process the refund.

3.5. The order confirmation will display your total price, including taxes and shipping costs. At that moment the agreement will have been formed.

3.6. Whether an order can be delivered depends on availability. Reasons for us to cancel the order include the product not being available, the materials or materials not being available, if the invoice details you have filled in are incorrect or cannot be verified, in the event of an unusual order, if you are under the age of 16, if payment is not made on time, or in the case of events or circumstances beyond our control.

3.7. CaratBlanc reserves the right to suspend its obligations in the event of force majeure. This will in any event be the case if, as a consequence of a certain circumstance or event, CaratBlanc cannot reasonably be expected to fulfil its obligation(s) (anymore), even if the circumstance could have been foreseen when the agreement was formed. Force majeure will in any event be taken to mean (without the following list being exhaustive): storm damage and other natural disasters, lockouts, call-up or threat of war, illness affecting irreplaceable employees, force majeure and/or non-fulfilment (on time) by the supplier(s) of CaratBlanc, fire and other accidents in the company, as well as all measures taken or issued by the government and in general all circumstances which fall outside CaratBlanc's sphere of influence.

3.8. The dimensions of the products are exclusively guidelines and may differ in reality, partly because the products are often made by hand and/or to order. CaratBlanc maintains a margin of 1cm for necklaces, a whole size for bracelets and 1/4th size for rings. In addition, the colour displayed and product material depend on various factors, such as screen quality, whether you are viewing the website using a telephone, desktop or tablet, and various environmental factors. Apparent mistakes or errors in the range displayed on the website are not binding for CaratBlanc.

4. Payment and prices
4.1. The goal is that all products sold by CaratBlanc has been paid by the you before delivery unless explicitly otherwise agreed upon by both parties.

​4.2. Prices and rates communicated by CaratBlanc via the website or in some other way include VAT, packaging costs (unless specified otherwise) and other taxes and/or levies (possibly) imposed on the products, but do not include costs for delivery and transport and excluding import and export costs related to the delivery of Products outside the EU.

4.3. If one or more cost price factors increase after the commencement date of the agreement, CaratBlanc will be able to increase the agreed price. That will, for example, be the case if taxes are raised or purchase prices increase substantially for CaratBlanc. In the event of a price increase, you can dissolve the agreement.

5. Delivery and retention of title
5.1. Place of delivery will be the address given by the consumer to CaratBlanc.

5.2. All deadlines communicated by CaratBlanc for products to be delivered by CaratBlanc are an indication and are not firm deadlines. In the event that a delivery deadline communicated by CaratBlanc is missed, CaratBlanc will inform you as soon as possible. If the deadline is missed by more than 4 weeks from the moment that you received the e-mail that the product was starting to be produced, you will be entitled to cancel the purchase and receive a refund of the purchase price.

5.3. Products will be dispatched and transported to you at CaratBlanc's risk. The risk will transfer at the moment that you or a third party you designate takes receipt of the order. This also means that CaratBlanc is no longer responsible for the Products once you take delivery of them. Circumstances occurring after the Products have been delivered - such as accidental damage, loss or theft of the Products - are solely at your risk. CaratBlanc may deliver the Order in several parts.

5.4. You are obliged to take delivery of the purchased goods when these are made available to you.

5.5. If you do not pay the due costs to CaratBlanc (on time), CaratBlanc reserves the right to refuse to deliver the products until you have paid all due amounts, without prejudice to (and therefore not in lieu of) other rights based on the law or the agreement.

5.6. All products delivered by CaratBlanc will continue to be owned by CaratBlanc until all claims which CaratBlanc has against you or acquires based on agreements (including any related (collection) costs and interest), have been paid in full.

​5.7. In case CaratBlanc is liable to pay compensation for a delay of delivery then the maximum amount due is the profit that CaratBlanc would be making on the product. CaratBlanc will never be liable to pay for loss of profit, incurred losses, expenses, or immaterial damage such as emotional or stagnation.

​5.8. Terms of delivery as quoted by CaratBlanc are not to be considered absolute. In case a delivery is delayed by a reasonable amount of time and not the fault of CaratBlanc then the consumer cannot claim compensation.

6. Right of withdrawal
6.1. You can terminate your order until 30 days after receipt of the ordered products without having to state a reason, except for instances referred to below under 6.2 and 6.7. This period of reflection commences on the day that the order is received. A product will have been received if you, or a third party on your behalf, has taken receipt of it, or if a collection location for packages has taken receipt of it.

6.2. In derogation of 6.1 you can only terminate an order for one (or more) gift card(s) within 14 days after the agreement has been concluded, irrespective of whether you have already taken receipt of the gift card(s). The agreement is formed as soon as CaratBlanc confirms the order of a gift card.

6.3. If you want to exercise the right of withdrawal, CaratBlanc requests that you report this to our customer service via the following e-mail address: customerservice@caratblanc.com. We will try to send you a confirmation of receipt as soon as possible. More information on return conditions can be found at: www.caratblanc.com/terms-and-conditions

6.4. If you want to return any products, you need to send them back to CaratBlanc within 14 days. After that time, if you still want to return them, you'll have to pay the return costs yourself.

6.4.1 When purchasing multiple items from a set, or a stacking discount obtained when purchasing multiple items, all items must be returned to us. Incomplete returns will void the discount.

6.5. CaratBlanc guarantees full compensation of products returned, with the exception of the return costs, on the condition that all products are returned in the same unused state as they were in when they were received. This means that the products must not have been damaged, dirty, changed or worn (other than to assess the product's fit) and that stickers, labels or price tags must not have been removed. The products must be complete and include all components and accessories.

6.6. CaratBlanc will endeavour to refund the money as quickly as possible and using the same payment method as you used to make the purchase by no later than 14 days after receipt of your notification that you are going to invoke the right of withdrawal, on the condition that CaratBlanc has received the products, or proof that the products has been returned. Another payment method can be used to make the repayment if you give your permission. Doing so will not incur any additional costs. If you paid using a gift card, you will receive the refund in the form of a new digital gift card.

 6.7. In derogation of 6.1 the right of withdrawal does not apply to the following products:

 a) products which have been made and/or personalised in accordance with your specification(s), such as:

 1. products with a personalised text; and

 2. other products which have been personalised specially for you, as indicated on the website

 b) Sealed products which, for health protection or hygiene reasons, are not suitable to be returned, such as earrings and products which have been taken out/from the original packaging.

6.8. During the period of reflection, as referred to in Article 6.1 of these terms and conditions, you must treat the product and the packaging with care. You are only allowed to unpack or use the product to the extent that is necessary to determine the product's nature, characteristics, and operation. The point of departure in this regard is that you may only use and inspect the products as you would do in a store.

7. Guarantee
7.1. CaratBlanc guarantees that the products fulfil the agreement, the specifications referred to in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that exist on the date of formation of the agreement.

7.2. Any defects to products must be reported in writing to CaratBlanc as soon as possible, but by no later than within 1 week after they have been discovered, using the following e-mail address: customerservice@caratblanc.com. CaratBlanc is keen to receive complaints as quickly as possible so that we can provide you with the best possible service.

7.3. CaratBlanc offers the following guarantee on jewellery:

- 6 months in the event of defects to all products

7.4. It may be that a product becomes discoloured and/or starts to show traces of wear and tear the more the product is worn (longer or more frequently). Such discoloration depends on usage and the extent to which the maintenance instructions are complied with and is therefore not a defect within the meaning of a material or manufacturing defect, not even if this occurs within 6 months. This depends on various exterior circumstances, including the location and way in which the product is stored, the care taken when using the product, the wearer's skin type and the extent to which ornament is exposed to other influences which may cause wear and tear and/or discoloration, such as sunlight, water, and heat.

7.5 The guarantee does not apply if:

 a. there are traces of use, discoloration and/or normal wear and tear as a consequence of using the product;

 b. you have yourself repaired and/or reworked the products supplied, or have had them repaired and/or reworked by third parties;

 c. the products have been exposed to abnormal circumstances, or treated carelessly in some other way, or contrary to the instructions of CaratBlanc and/or on the packaging. You can find information about caring for and maintaining the products at: www.caratblanc.com/diamond-diaries

 d. external causes occur after delivery that cause the Products to be damaged or lost, such as accidents, loss, or theft.

7.6. CaratBlanc provides a guarantee for two (2) years after delivery to cover the products it has delivered against material and manufacturing defects, meaning that CaratBlanc will pay to rectify defects to the delivered products or – if CaratBlanc considers it to be necessary – will arrange a replacement. The above has no effect on the guarantee you have on the grounds of the law.

7.7 CaratBlanc explicitly does not guarantee that the communication and information on the website are complete and/or correct. The information on the website is intended to be general information and does not include any advice, unless explicitly stated otherwise. CaratBlanc endeavours to keep the website up to date, but does not promise that the website is complete, accurate, reliable, accessible, or suitable for whatever purpose. If you use the information on the website, you do so entirely for your own account and risk.

8. Intellectual property rights
8.1. CaratBlanc has and retains all (intellectual) (property) rights in relation to all products and all content and materials on the website.

8.2. All names, brands, logos, and titles used on the website are brands or trade names of CaratBlanc or third parties. The use or reproduction thereof is absolutely forbidden because it may violate (third-party) intellectual property rights.

9. Website
9.1. By using the website, you agree with these general terms and conditions (of use). The website may only be used for private purposes. It is prohibited to use the website for any commercial purpose or aim.

9.2. You are only permitted to use the website for the purpose of possibly placing an order and/or contacting CaratBlanc. All content and materials which CaratBlanc makes available via the website are the exclusive property of CaratBlanc and it is therefore prohibited to use the content and materials for any other purpose.

9.3. It is prohibited to copy, document, share, amend, distribute, or reproduce content and materials on the website, or use said content and materials in some other way which enables any third party to gain access.

9.4. The website may contain links to external websites. CaratBlanc emphasises that CaratBlanc does not have any influence on the layout or content of those external websites and explicitly distances itself from the layout and content on any third-party website.

10. Shipping
10.1. CaratBlanc tries to process orders as quickly as possible and in the order, they are received. We endeavour to deliver within 1 to 3 working days after the order confirmation, except for personalised products and unless agreed otherwise. Although we endeavour to deliver by the set deadline, delays can occur due to unexpected events. You can find more information about the various shipping options on our website.

10.2. We wish to emphasise that we are dependent on the delivery service involved in terms of the time of despatch and that we are unable to influence this in any way.

10.3. We send our products to destinations all over the world. Any (extra) customs charges are not reimbursed by CaratBlanc.

10.4. If you need your products sooner, a VIP service is available for many of our products. If you select this option before midday on working days when placing your order, your order will be dispatched on the same day. 

10.5. Before you place an order, you will be informed of the expected delivery time. After placing an order you will receive a confirmation by e-mail detailing the expected delivery time, although this is no more than an indication. After the product has left the workshop you will receive an e-mail with the Track & Trace code.

10.6. If your order does not arrive on the scheduled date, please contact customer service via customer customerservice@caratblanc.com

11. Payment method
11.1 You can pay for our products in different ways. Please refer to our website for more information about the payment options.

11.2 If you do not fulfill your payment obligation(s) on time you will, after having been informed by CaratBlanc of the late payment and after CaratBlanc has granted you 14 days to fulfill the payment obligations and if no payment is forthcoming within this 14 day deadline, owe the statutory interest on the amount still payable, with CaratBlanc being entitled to charge the extrajudicial collection costs incurred.

12. Liability
12.1 Liability of the seller will be lifted in case of circumstances beyond its control, in which case due to temporary or final inability to deliver the seller has a right to cancel the agreement partially or completely.

12.2 CaratBlanc is never liable for damage or wear and tear caused by usage of sold merchandise, or for the loss of stones from jewelry or watches. The risk is carried by the consumer.
Furthermore when the consumer orders the setting of stones or engravings on merchandise the risk of damage is also carried by the consumer.

12.3 In any case the liability of the seller, in any case of liability based on article 10, will be limited to a maximum of 100% of the receipt amount. The seller is never liable for loss of profit, incurred losses or expenses, immaterial damage such as emotional or stagnation to the consumer.

12.4 CaratBlanc is not liable for any damage caused by the failure of software including the presence of a virus unless the damaged is caused on purpose or gross negligence by the seller or one of its employees.

13. Disputes and applicable law
13.1   A consumer complaint that the delivered merchandise is not what was ordered needs to be made within the 14 working days period after delivery as described in article 6.1. After this period any complaint is considered past due. Complaints about used merchandise are not accepted in any case.

13.2 Each complaint must be accompanied by a receipt date and number. Furthermore, the consumer has no right of claim without a properly filled out guarantee certificate belonging to the merchandise. CaratBlanc responsibility of guarantee never exceeds the responsibility that the manufacturer of the sold merchandise has to CaratBlanc.

13.3 A complaint by the consumer of clearly visible shortcomings or damage to delivered merchandise is only valid when the consumer has described these shortcomings or damage on the receipt or airway bill or the shipper has made a protocol.

13.4 The burden of proof that the delivered merchandise is not equal to what was agreed upon lies with the consumer.

13.5 In case the consumer notifies the seller of a complaint on delivered merchandise, then the consumer should make it possible for the seller to inspect the merchandise as soon as possible. The seller will inspect the merchandise in the most convenient manner which the consumer will enable. All reasonable expenses made by the seller will be the responsibility of the consumer in case the complaint is considered ungrounded.

13.6 Minute deviations in measurements, color, form, or packaging of delivered merchandise don’t give the consumer the right of cancellation after the 14 days period as described in article 6.1 has elapsed or refusal of delivery or of a claim of indemnification. The same is in effect for small modifications by the manufacturer of the merchandise in case these modifications do not change the product in a material way.

13.7 Complaints that are made within the 14 day’s period will not be considered at all when a third party has made modifications or repairs to the delivered merchandise.

 13.8 If you have a complaint, CaratBlanc kindly requests that you first contact us via customerservice@caratblanc.com. If your complaint is not dealt with satisfactorily, you can use the ODR platform (https://ec.europa.eu/consumers/odr), although you are not obliged to do so.

 13.9 Agreements between you and CaratBlanc to which these terms and conditions relate are exclusively subject to Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.