This website (www.evelinetorfs.com) is published and operated by MRCL CommV, a company registered in Belgium and regulated by Belgian law, whose intracommunity VAT number is BE0805367937 and whose registered office is situated at Gebroeders Van Raemdoncklaan 24, 2650 Edegem, Belgium.
Throughout the site, the terms “we”, “us”, “our” and Eveline Torfs Fine Jewelry (“ETFJ”) refer to MRCL. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Article 1 – Object and scope of application
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service” or “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, to all ETFJ offers (via website or via showroom), and to all contracts concluded with ETFJ.
Please read these terms of service carefully before accessing or using any part of our website and/or purchasing something from us. Any access or use of the website and/or contract with ETFJ, implies the prior consultation of and express agreement to the present terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use any services or accept a contract with ETFJ. This declaration of acknowledgment and acceptance is done by an electronic confirmation or from the moment of agreement with the offer and the subsequent payment (or advanced payment) of the agreed amount. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools which are added to the current website shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on the website. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Article 2 – General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of service, or access to the service without express written permission by us.
A breach or violation of any of the terms will result in an immediate termination of your services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
Article 3 – Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Article 4 – Modifications of the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Article 5 – Products or services
Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
The photos, legends and other descriptive elements illustrating the products or services are not contractual. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Article 6 – Order process
For orders and enquiries, please contact info@evelinetorfs.com.
To place an order, please sign the provided quotation and return to info@evelinetorfs.com. A deposit of 50% of the total purchase price will be required to finalize your order and begin production. Please make sure to include a proof of payment.
With the act of paying, you finalize your order and you agree on the general terms and conditions.
You will receive an e-mail confirming your order.
Each item is produced with care and precision once your payment is received. Production time can take up to 6 weeks depending on the design and type of gemstones used. In case of delay, the customer will get notified. If you are celebrating a special moment causing your order to be time sensitive, please indicate this beforehand and we will do what we can to meet your deadline.
After production, you will receive an e-mail confirming that your item is ready to be picked up or shipped (see ‘Delivery’). Enclosed to this e-mail you will also find the invoice for your order.
The remaining 50% of the total purchase price is due upon receipt of the invoice. Please note that no item will be delivered before payment is received.
Appropriate payment information is included in the quotation and final invoice.
Please keep in mind that all items are ‘made to measure’ and therefore corrections, exchanges or returns are not offered for change of mind (for example in the case of an error of size or text).
Article 7 – Bespoke items (tailoring)
In case of bespoke or tailor-made items, the first appointment will always be free of charge. Follow-up appointments (€30 excl. VAT per appointment), however, will be charged in case you decide not to purchase the item that has been designed or talked over after the first appointment.
Follow-up appointments (fitting included) are free of charge up to a maximum of 2 per order in case you have purchased the item. All other appointments on your request will be charged (€30 excl. VAT per appointment).
The lead-time depends on the type of project, the speed of decision making and, if any, the rarity of the desired gemstones.
For enquiries, please contact info@evelinetorfs.com.
Items including white diamonds starting from 0.50ct are delivered with a gemological certificate by GIA, IGI or HRD. Diamonds below 0.50ct can be certified upon your request and will be charged.
Article 8 – Sizing
As all items are non-refundable (see ‘Return policy’), it is recommended that you confirm appropriate sizing prior to placing your orders.
Resizing is at cost and is quoted on a case-by-case basis.
Article 9 – Delivery
Items are picked up by the customer at the atelier.
Delivery by shipping is on request and at your own responsibility, please contact info@evelinetorfs.com.
In case both parties agree on shipping as a method of delivery, we will ship your order securely. The accurate shipment rate will be calculated in proportion to the material value of the purchased item. This calculation and the estimation of delivery time will be done by the operating shipping company.
We will provide you with a tracking code. As from then, we cannot be held responsible in any way for any losses or damages by the operating shipping company or any other third-party during shipping of the purchased item or otherwise. In case of any problems, please contact info@evelinetorfs.com.
Article 10 – Accuracy of billing information
You agree to provide current, complete and accurate purchase information. You agree to promptly update your information, including your email address, so that we can complete your order and contact you as needed.
Article 11 – Reserve of title clause
Notwithstanding the delivery, the transfer of property of the purchased item will only occur after payment of the purchase price, including all due costs, charges, taxes and interests.
Article 12 – Return policy
Items sold are non-refundable. All items are ‘made to measure’ and therefore corrections, exchanges or returns are not offered for change of mind (for example in the case of an error of size or text). We recommend that you confirm appropriate sizing prior to placing your orders. Resizing is at cost and is quoted on a case-by-case basis.
The request to cancel an order prior to delivery is considered a breach of contract. We have the right to reject or accept the request. If we accept the request, 5% of the product price excl. VAT will be charged to the client to cover the extra administration cost resulting from the breach of contract.
If a purchased item wasn’t correctly delivered – not the right item or the wrong size – the customer can return the item at no cost for restoration. No additional costs will be charged.
Article 13 – Warranty
We apply the legal minimum warranty period of two years in case the goods are not conform with the order placed. This means that faults or defects (if it appears that this was a hidden defect or if the defect was already present before the delivery) to the product until two years after the delivery will be repaired free of charge if possible.
However, we will not be held to warranty in the following cases: inappropriate or unjustified use of the item; modification and repair of the item without our consent; if the, even partial, defects have been caused intentionally, or by serious negligence, improper care, or lack of maintenance; in the event of the loss of one or more gemstones, unless expert in-house analysis demonstrates that the loss was a result of a manufacturing error; if the original invoice and certificates cannot be supplied, have been altered of became unreadable.
In the above-mentioned cases, restoring is at cost and we cannot be held liable or responsible in any way.
The customer is responsible for return (including return shipping costs) and liable for any damage, loss or theft incurred during transportation or repair. In case of shipping, we recommend using a courier service with full insurance to return your item. Please ensure the shipment requires a signature on delivery and the item is adequately packed and padded (as plain as possible without any logo or mentioning of fine jewelry).
Please contact us prior to returning your piece, and ensure that all details, including your order number are included.
Please note that if any other jeweler undertakes work on one of our items, including resizing or repairs, this warranty will be voided.
We strongly recommend returning items for repair or resizing to us. We do not take responsibility for repair or resizes undertaken by other jewelers.
Stone settings need to be checked every year by us. Only under this condition, lost stones might be replaced. In case severe damage to the stone setting is done, the lost stone will be replaced at cost of the client.
Article 14 – Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provid
er(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
Article 15 – Third-party links
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Article 16 – User comments, feedback, and other submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assumes no liability for any comments posted by you or any third-party.
Article 17 – Personal information
Your submission of personal information is governed by our Privacy policy.
Article 18 – Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been
Article 19 – Prohibited uses
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Article 20 – Legal warranties and limitations of liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time-to-time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.
In no case shall ETFJ and its employees, affiliates, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Article 21 – Intellectual property
The client expressly acknowledges that intellectual rights concerning the name, all transmitted information, all pictures, all communications, or other expressions concerning the product(s) are and remain exclusive property of ETFJ, ETFJ’s suppliers or other holders of rights.
By intellectual property rights is meant patents, brand rights, copyright, design and models and other intellectual property rights as technical and/or commercial know-how, methods, and concepts, … (non-exhaustive).
It is forbidden to use the commercial names and brands ‘Eveline Torfs Fine Jewelry’ and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the ETFJ brand or to transfer any rights to third parties. The client declares that the products are bought for personal purposes and not for commercial purposes.
Nothing in the general terms and conditions nor any act of copying and/or downloading information can be considered as a partial or complete transfer of the intellectual property of ETFJ to a third party or to the client. The client will not infringe the intellectual property rights of ETFJ. The client is allowed to copy or to download his own data or the information, which is his exclusive property, provided that he will not alter any copyright or restriction of liability clause or any other provision.
The client will indemnify ETFJ and hold ETFJ harmless against any claim or legal action of third parties for damages caused by infringements on this provision.
Article 22 – Indemnification
You agree to indemnify, defend, and hold ETFJ and its affiliates, partners, contractors, licensors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or your violation of any law or the rights of a third-party.
Article 23 – Severability
If any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 24 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Article 25 – Entire agreement
The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
Article 26 – Governing law and jurisdiction
These terms of service and any separate agreements whereby ETFJ provides you services shall be governed by and construed in accordance with laws of Belgium.
When parties were unable to resolve the conflict in an amicable way, only the courts of the judicial district of Antwerp are authorized. These courts will have exclusive jurisdictions for all issues conflicts and disputes concerning the validity, the interpretation, the enforcement, or termination of the contract between the parties, the language used for legal disputes will be Dutch.
Article 27 – Contact information
For any questions, claims and observations concerning the services, the orders, the management, privacy issues, or the general conditions of ETFJ, please contact info@evelinetorfs.com.
