General Terms and Conditions of Online Sale
Product Availability and Pricing
Our products are priced in US Dollars.
However, you may choose to view pricing and complete your order in EUROS.
All prices quoted in other currencies than US Dollars are for your convenience only, and subject to change.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of such product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the item is no longer available in our stock or our third-party provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the item you ordered due to unavailability.
If you are interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Website. If this happens, we will contact you directly to discuss possible options.
Pricing
Price of diamonds are calculated mathematically in accordance with the diameter of the diamond. It is possible that the final price of a diamond differs from the price appearing on our website because of a difference regarding the exact diameter of the diamond. Such slight difference is well-known and accepted in the diamond industry. Therefore, you accept that the diamond’s final price may be slightly different to the price appearing on our website, in consideration of the exact diameter of the diamond.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at info@smartbox-diamonds.com or +32 3 205 17 27.
Payment Information
After you have selected your jewellery and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorise us and our third-party payment processors to charge the amount of the order to your selected payment method.
International Shipments
Purchases made through our website may be shipped to addresses worldwide.
Value Added Tax (VAT)
Value added tax (VAT) will be applied for all orders placed on our website where applicable.
Payment Methods
For your convenience, we offer the following payment methods:
- Credit cards: Visa, MasterCard, or American Express credit card;
- PayPal;
- Arrange payment through your bank and receive a 1.5% discount.
Delivery
Delivery dates are subject to change. Although EL-RAN will do its best to deliver in time, it cannot guarantee delivery dates. The Buyer agrees that EL-RAN accepts no liability for delayed delivery.
Risk and liability for the goods will pass to the Buyer upon delivery. As from the delivery, the Buyer shall bear any and all responsibility for any loss, destruction or disappearance.
Force majeure
Force majeure is any situation in which EL-RAN is unable to meet any or all of its obligations due to circumstances beyond its control and thus cannot be attributed to EL-RAN. Force majeure covers, without limitation; war, threat of war, riots, disease, natural disasters, acts in relation to import/export, transport disruptions, strikes, breakdown of utilities, fire and other serious disruptions. In case of force majeure, EL-RAN is entitled to extend the delivery period in proportion to the duration of the force majeure or – at its discretion – to terminate the sale agreement without being liable for any damages.
Delivery Insurance
All shipments are fully insured. That means that your order is always shipped risk-free.
For added security, a signature may be required upon delivery of your EL-RAN orders. Please make arrangements for someone to be available at the shipping destination to sign for receipt.
Alternate Shipping Addresses
If you prefer, we can ship your order to an address other than your billing address. As a security precaution, we require that your alternate shipping address be on file with your credit card company. This step helps protect you from fraudulent charges to your credit card.
Diamond Certificates
EL-RAN is committed, if technically possible, to controlling the quality of the diamonds it sells, by means of machines, devices and equipment available in the industry. EL-RAN uses a high-tech screening device, a CVD and HPHT detector and an automatic sizing & sorting machine.
Diamonds as from 1,0 mm up to 3,8 mm diameter (round shape) are checked by our in-house HRD M-SCREEN+
Unless clearly stated otherwise, all diamonds sold through our website are guaranteed natural and have not been treated in any way. We received a similar assurance from our suppliers.
When you order (a) loose diamond(s) or custom-built jewellery, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents made by diamond grading experts. We require each diamond grading report to be included with each returned diamond.
Our Authenticity report specifies the origin of the rough diamonds and the place where they are polished. We develop and apply the same strict grading level used by the most reputable international gemological laboratories. The traceability of our diamonds is secured with the iTraceiT solution.
If you do not include both the diamond grading and appraisal reports with your return, you will be charged a replacement fee.
Right of Withdrawal, Order Cancellation
EL-RAN offers customers 14 days from the day their order is dispatched to withdraw, cancel or return their order. If you wish to cancel or return your purchase, you must fill in the Withdrawal Form and call us at +32 3 205 17 27 for a return authorisation code and instructions.
Once your item has shipped, your order cancellation will take effect after a) it is returned to EL-RAN, and b) we analyse your diamond and verify that it is the original one and in its original condition.
If the returned item is not the original one or if it is damaged, EL-RAN is entitled to compensation equal to the loss of value of the returned item and no more than the price you paid for it.
Your right of withdrawal is precluded 14 days after delivery. For purpose of clarity, the 14 day-period starts the day after the delivery and ends 14 days after, the last day of the withdrawal period being included in the withdrawal period.
Return Policy
Upon receipt of the delivered goods, you must promptly verify their quality (4Cs : cut- colour-clarity-carat weight), quantity and price and inspect them carefully for defects and damage. EL-RAN will not be held liable for discrepancies that are raised or arise after delivery. You must provide evidence that the delivered goods are not compliant with your order or purchase agreement.
Clear visible defects or damages to the delivered goods cannot be held against EL -RAN if they are not reported on the delivery note, or transport slip, or in an official notice sent to EL-RAN upon delivery.
Any claim, complaint or protest from you – reported later than 14 days after delivery – will be precluded. For purpose of clarity, the 14 day-period starts and includes the day of delivery.
After the 14th day, you will automatically assume full responsibility for all damages, defects in the delivered items, and for all discrepancies between your order and the delivered items, including but not limited to all disputes regarding the 4C’s; quality, quantity difference, characteristics of the delivered diamond (synthetic diamond or high pressure / high temperature diamonds (HP – HT). EL-RAN can neither be held liable for any direct nor indirect damages and consequences arising therefrom.
Non-Refundable Items
Special orders are final sale and are not eligible for return or exchange.
Shipping fees are non-refundable.
For the purposes of these Terms and Conditions, Special Orders means orders relating to products especially created for the customer, in accordance with his requirements.
Information on Our Website
At EL-RAN, we make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly.
Policy on Conflict Diamonds
EL-RAN only purchases diamonds through respected suppliers who, like us, adhere to and enforce the standards established by the Kimberley Process.
We represent and warrant that such diamonds have been purchased from legitimate sources, not involved in funding conflict and compliant with the United Nations resolutions on conflict diamonds. We received a similar assurance from our suppliers, and, to the best of our ability, we take reasonable measures to help prevent the sale of conflict diamonds.
Privacy Policy
Please refer to our Privacy Policy for information on how EL-RAN collects, uses, and discloses personally identifiable information from its customers.
Limitation of liability
Under no circumstances shall EL-RAN be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary herein contained, EL-RAN ‘s liability for any breach of these terms and conditions, is limited to compensation for direct damage, up to the purchase price of the goods. This limitation of liability does not apply in case of fraud, deliberate breach or gross negligence.
Third Party Content
EL-RAN may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. EL-RAN does not monitor or have any control over any Third Party Content or third party Websites. EL-RAN does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. EL-RAN does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, EL-RAN, or our products or services that are provided by you to EL-RAN are non-confidential and shall become the property of EL-RAN. EL-RAN will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant EL-RAN and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
EL-RAN takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is EL-RAN liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, EL-RAN is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although EL-RAN has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, EL-RAN reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on its website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense. Any use of the Interactive Areas or other portions of our website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect EL-RAN’s systems and customers, or to ensure the integrity and operation of EL-RAN’s business and systems, EL-RAN may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. EL-RAN’s right to disclose any such information shall govern over any terms of EL-RAN’s Privacy Policy.
If you post User Content to our website, unless we indicate otherwise, you grant EL-RAN and its affiliates, for all the duration of copyright, a non-exclusive, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant EL-RAN and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Legal notice
This Website is ran by EL-RAN BV.company # 0438.441.582, with its registered offices at Pelikaanstraat 62, 2018 Antwerp, Belgium.
You may contact EL-RAN, by e-mail at info@smartbox-diamonds.com or by telephone, at +32 3 205 17 27.
SMARTBOX is a commercial name owned by EL-RAN BV,
Applicable Law and Venue
These Terms and Conditions and your use of this website will be governed by and construed in accordance with the laws of Belgium.
You agree that any action at law arising out of or relating to these Terms and Conditions shall be filed only in the courts located in the Judicial district of Antwerp in Belgium and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this website, any purchase from this website, or these Terms and Conditions.