CONDITIONS OF SALE B MY BRILLIONAIRE E-BOUTIQUE AND CUSTOMER CONTACT CENTRE
PRODUCT AVAILABILITY; QUANTITY
ACCOUNT REGISTRATION; PERSONAL INFORMATION
PRICES, TAX AND SHIPPING COSTS
CUSTOMER’S REVIEW AND CONFIRMATION
ACKNOWLEDGMENT OF ORDER
CONFIRMATION OF ORDER BY BRILLIONAIRE DESIGN
CUSTOMERS’ RIGHT OF WITHDRAWAL
GIFT RECIPIENTS’ RETURN PERIOD
ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
The following terms and conditions and any other related rules that are adopted by B myBrillionaire and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of B my Brillionaire products that you (the “Customer” or “you”) may order from T-Enamel Kft., Budapest (H), a corporation organised and existing under the laws of Hungary and having a place of business at Galamb utca 7., H-1052 Budapest, Hungary (“B my Brillionaire” or referred to herein as “us”, “our” or “we”) either (a) by phone via the customer contact centre of B my Brillionaire (the “Customer Contact Centre”), whose telephone number and e-mail address are indicated on the Website or (b) on the Internet via B my Brillionaire’s Websites, identified by the domain names www.brillionaire.hu, (the “Website”).
These Conditions of Sale apply exclusively to sales made through the Customer Contact Centre or the Website. B my Brillionare may modify the Conditions of Sale from time to time, at its sole discretion.
The Conditions of Sale applicable to any order placed through the Customer Contact Centre or the Website are those in force at the time that an order is placed on your behalf by a B my Brillionaire ambassador (in the case of an order placed through the Customer Contact Centre) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with B my Brillionaire, you indicate your acknowledgment and your full acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any B my Brillionaire products from the Website or the Customer Contact Centre.
2. PURCHASING ELIGIBILITY
Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts may order products through the Customer Contact Centre or on the Website (please also refer to payment and shipping sections below for further details) If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Customer Contact Centre or on the Website, you represent and warrant that you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute B my Brillionaire products or purchase B my Brillionaire products for commercial purposes or any other commercial benefit. If despite our efforts the product is no longer available or B my Brillionaire believes, for legitimate grounds, that an order would violate these Conditions of Sale, B my Brillionaire may refuse such order.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Customer Contact Centre or on the Website are subject to availability and acceptance by B my Brillionaire.
B my Brillionaire reserves the right to change the assortment of items proposed on the Website or through the Customer Contact Centre and may limit from time to time the quantity of B my Brillionaire products that may be ordered by a Customer in a single buying session. Orders may not exceed fifty (50) products in any buying session on the Website or through the Customer Contact Centre.
The Customer Contact Centre and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “Add to Shopping Bag” button are available for sale through the Website. You may also call the Customer Contact Centre (telephone number indicated on the Website) and a B my Brillionaire ambassador will provide you with further information as to product availability and assist you with your purchase.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION
In order to place an order through the Customer Contact Centre or on the Website, you or the B my Brillionaire ambassador (on your behalf) will be required to register and create your online account. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website or by the B my Brillionaire ambassador, you will receive an e-mail which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarising the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. B my Brillionaire will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
We may change the information required to place a new order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Notice and Clause 8 of these Conditions of Sale for more details about how we may use your personal information.
Should any of the information you provide to the Customer Contact Centre or on the Website change, please login to your account and update such information directly on the Website, inform the Customer Contact Centre (telephone number and e-mail address indicated on the Website) or notify B my Brillionaire as set out in our Privacy Notice. Moreover, in the event that B my Brillionaire reasonably suspects that a third party has breached a Customer’s registration, password and/or account login, B my Brillionaire shall immediately cancel and terminate such account, and notify you by e-mail or telephone.
If you are willing to order on the Website, your offer to place an order will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected in the Shopping Bag.
When ordering by telephone through the Customer Contact Centre (telephone number indicated on the Website), a B my Brillionaire ambassador will follow the offer and order process on your behalf.
When ordering through the Customer Contact Centre or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to B my Brillionaire is true and correct. B my Brillionaire or its third party providers may collect additional information at this time for security and anti-fraud purposes. Please refer to our Privacy Notice for more details about how and how long we may use or keep your personal information.
6. PRICES, TAX AND SHIPPING COSTS
All Prices shown on the product pages of the Website or quoted by the Customer Contact Centre include VAT but exclude shipping costs and other taxes unless otherwise stated. The applicable currency will be updated based on the shipping destination after you provide us with the delivery address.
B my Brillionaire reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Customer Contact Centre, as indicated at the time B my Brillionaire provides you with a Confirmation of Order, will be honoured by B my Brillionaire.
Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
Shipping costs and VAT will be reflected on your order page, that is to say the last page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Customer Contact Centre (in the case of a telephone order), and will also appear on your Acknowledgment of Order and invoice (if you choose to receive an invoice). Shipping costs, if any, are described in the shipping policy set forth below. Please note that VAT will vary based on the location from which products are being shipped.
The actual VAT associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order (as defined in Clause 10). Please note that in case of changes to the applicable VAT rates between the date your order is placed and the date B my Brillionaire is ready to ship your order, we will contact you and ask that you reconfirm your order. If B my Brillionaire cannot obtain your instructions, B my Brillionaire will cancel the order and notify you of such cancellation.
7. CUSTOMER’S REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Customer Contact Centre or on the Website, including without limitation the particulars of each sale, which will be provided by the B my Brillionaire ambassador (in the case of an order being placed through the Customer Contact Centre) or the Website (in the case of an order being placed through the Website).
When you have completely reviewed your order, first check the box next to “I have read and accept the conditions of sale ” to indicate your agreement to be bound by these Conditions of Sale and then, click on the “Confirm and place order” button on the Website to place your order.
By placing an order, you are submitting an offer to B my Brillionaire to buy the products you have placed in your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, B my Brillionaire reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, B my Brillionaire may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if B my Brillionaire suspects that you have violated these Conditions of Sale.
8.1. Payment by credit or debit card
You may pay by credit or debit card, as indicated on the Website, or through the Customer Contact Centre.
When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Customer Contact Centre your credit or debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation may be recorded for security and quality control purposes. Any telephone conversation recorded by our Customer Contact Centre that contains your credit card information will be fully encrypted and only used to process card transactions. Please refer to our Privacy Notice for more details about how and how long we may use or keep your personal information and the conversation recordings.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to B my Brillionaire, you will need to contact your card issuer directly to solve this problem, and B my Brillionaire will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorisation of your card. The amount of your purchase will be blocked on your card until your order is shipped to the shipping address you have provided to B my Brillionaire, at which time you will be sent a Confirmation of Order and your card will be charged the applicable purchase price. By submitting an offer to purchase B my Brillionaire products on the Website or through the Customer Contact Centre, you expressly authorise B my Brillionaire to perform such pre-authorisation and, where B my Brillionaire deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your card number, to authenticate your identity, to validate your card, to obtain an initial card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Notice for more details about how and how long we may use or keep your personal information.
8.2. Payment by bank wire transfer
You may also pay by bank wire transfer orders placed through the Customer Contact Centre or on the Website above 10,000 Euros. Please do not forget to mention the order reference number in your bank wire transfer form.
After you place an order and select bank wire transfer as your method of payment, B my Brillionaire will wait until your payment is received before processing your order. If the funds are not credited into our bank account within seven (7) working days after you have placed your order, this order will be cancelled.
B my Brillionaire will not charge a fee for paying by bank wire transfer, but please ensure that we receive the full amount mentioned in the Acknowledgment of Order before we process your order. Please note that some financial institutions may charge you a fee for using a bank wire transfer.
B my Brillionaire takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. B my Brillionaire uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected.
Although we will do our best to protect your personal Information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking. For more information about how we use and protect your information please view our Privacy Notice.
In order to secure your transaction and prevent fraud, B my Brillionaire will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorised B my Brillionaire to perform such checks and, where B my Brillionaire deems necessary, from time to time to transmit or obtain information that you have provided to B my Brillionaire about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise a particular purchase transaction.
9. ACKNOWLEDGMENT OF ORDER
Once you have placed your order on the Website or through the Customer Contact Centre, you will receive by e-mail, or by fax if you do not have any e-mail address, an Acknowledgment of Order acknowledging the details of your order along with these Conditions of Sale. This Acknowledgment of Order will contain an Order Reference Number assigned by B my Brillionaire. Please carefully review the Conditions of Sale upon receipt and make sure that you save the Order Reference Number for any future enquiries regarding your order.
This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, B my Brilllionaire will conduct its usual security checks and then process your order.
10. CONFIRMATION OF ORDER BY B MY BRILLIONAIRE
Upon shipment of the product you have ordered, following completion by B my Brillionaire of security checks, B my Brillionaire will send you by e-mail or by fax a written Confirmation of Order.
The Confirmation of Order constitutes the acceptance of your order by B my Brillionaire and indicates the existence of a binding sales contract.
B my Brillionaire will preserve information concerning all orders as required by applicable law. These records may be made available to the Customer either by registering on the “My Brillionaire” section of the Website or by contacting the Customer Contact Centre.
11. COMPLIMENTARY SERVICES
The following complimentary services will be proposed, free of charge, on the Website or by the Customer Contact Centre:
11.1. Gift wrap, B my Brillionaire signature packaging
All our packages are beautifully gift wrapped, with the B my Brillionaire signature packaging. The B my Brillionaire Box and special packaging may be valuable. In case you or the Gift Recipient decides to return the product, the product should be returned in its original packaging.
11.2. Personalised products
It is possible to personalise a number of products by engraving them. For more information, please check on the Website or contact the Customer Contact Centre.
Personalised B my Brillionaire products cannot be returned to B my Brillionaire for exchange or refund. However, this does not affect the rights you may have as a consumer in relation to products that are defective, as described below.
11.3. Gift note
We offer the opportunity to include a personalised gift note within the order package.
Please note that, B my Brillionaire reserves the right to withhold acceptance of any order for engraved products or accompanied by a gift note that contains language that is objectionable or unlawful.
12. SHIPPING POLICY
Please note that B my Brillionaire does not ship to certain addresses, such as PO boxes or hotels. Further information, may be found on the Website or by contacting the Customer Contact Centre.
Delivery costs will be assessed by B my Brillionaire and will be added to the price of the B my Brillionaire products themselves. Please refer to the Website for more information.
The delivery costs and the estimated delivery lead time will be mentioned on the Website or by the Customer Contact Centre before you place your order and summarised in the Acknowledgment of Order.
When estimating package delivery time, please allow time for credit approval, address verification and order processing, as well as receiving your payment in case of bank wire transfer. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by e-mail or by fax.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our Confirmation of Order.
Each delivery package will contain, in addition to your purchased B my Brillionaire product: (i) all related accessories, if any, (ii) a thank you card; (iii) the document holder including the Product Manual, and the Certificate of Authenticity and the International Guarantee, as applicable; (iv) these Conditions of Sale; (v) a printed gift note containing your message, if so requested by you when you place your order; (vi) the return form and pre-paid return label and (vii) the packing slip without price.
B my Brillionaire insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm the delivery of each B my Brillionaire product, at which point responsibility for your purchased goods passes to you.
When ordering products on the Website or through the Customer Contact Centre, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your billing address. If you decide at this moment that you do not want to receive an invoice, you may at any time later request an invoice by calling the Customer Contact Centre (telephone number indicated on the Website), subject to providing proper identification to the Customer Contact Centre.
Please note that B my Brillionaire will not send the invoice and payment details to the Gift Recipient.
14. CUSTOMERS’ RIGHT OF WITHDRAWAL
As a Customer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you can call our Customer Contact Centre (telephone number indicated on the Website) to obtain a Return Number (RN), which we will confirm in writing. Alternatively, you must inform us (B my Brillionaire, Customer Contact Centre, Régiposta utca 13., H-1052 Budapest) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by B my Brillionaire), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Please provide a copy of a SWIFT message of the initial transfer in case of payment made by bank wire transfer so that we can refund you on the same bank account.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. "Quality inspection and functional testing" is understood to mean the testing of the product as one would usually do in a retail outlet. Consequently, if the product is damaged, B my Brillionaire will deduct the cost of refurbishment or replacement from the refund.
15. GIFT RECIPIENTS’ RETURN PERIOD
In order to ensure your entire satisfaction B my Brillionaire also offers the Gift Recipient the same return period, provided that they strictly comply with these Conditions of Sale.
If the product returned by a Gift Recipient does not meet our Quality Control standards or if the Gift Recipient is otherwise in violation of these Conditions of Sale, B my Brillionaire will refuse the return and send back the product to the Gift Recipient.
Should a product be returned to the B my Brillionaire e-boutique, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund, but she or he may benefit from an exchange as indicated below.
16. RETURN PROCESS
16.1. Return process
Products that have been purchased on the Website or through the Customer Contact Centre may be returned to the following address: B my Brillionaire, Customer Contact Centre, Régiposta utca 13., H-1052 Budapest.
Products that have not been purchased on the Website or through the Customer Contact Centre may NOT be returned to the B my Brillionaire e-boutique.
To make the return process easier for you, please follow the steps mentioned below.
First, please call the Customer Contact Centre (telephone number indicated on the Website) to obtain a Return Number (RN) (the communication costs will not be surcharged by us).
i) Fill out the required information, with the Return Number (RN) if applicable, on the return form provided in the original box or packaging and sign it,
ii) Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity and the International Guarantee, as applicable, and all other documents, in its original box and delivery package,
iii) Seal the delivery package and affix the pre-paid delivery label to it,
iv) Call Magyar Posta ZRT. to arrange pick-up.
The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and B my Brillionaire accepts no liability in the event that such proof cannot be produced. Only merchandise received by the B my Brillionaire e-boutique will be eligible for a refund or exchange, as applicable.
Upon receiving a return, B my Brillionaire will verify that the returned product complies with these Conditions of Sale.
16.2. Conditions for returning a product
B my Brillionaire products must be returned in a new and unused state.
Personalised B my Brillionaire products cannot be returned to B my Brillionaire for exchange or refund.
Bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.
Please also return the original B my Brillionaire box and delivery package, with all its accessories, the Product Manual, the Certificate of Authenticity and the International Guarantee, as applicable, and all other documents, with all protective materials in place and tags and stickers attached to the products. Failure to do so will respectively entitle B my Brillionaire to withhold the corresponding value from the refund made to the Customer, or to refuse the products returned by the Gift Recipient.
All returns will be subject to strict Quality Control (QC) by B my Brillionaire to ensure that the returned products satisfy these requirements.
If the returned product satisfies Quality Control (QC), B my Brillionaire will proceed with the refund or exchange, as applicable.
16.3. Customers’ and Gift Recipients’ exchanges
Customers and Gift Recipients may exchange a product purchased on the Website or through the Customer Contact Centre for another B my Brillionaire product if the product to be exchanged complies with these Conditions of Sale.
Should a product be returned for exchange to the B my Brillionaire e-boutique by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference when the product to be returned is more expensive than the desired B my Brillionaire product. If the returned product is less expensive than the desired product, the Customer or Gift Recipient, as applicable, will be charged the difference in price.
In both cases, B my Brillionaire will send an e-mail to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive.
17. MANUFACTURER’S GUARANTEE
B my Brillionaire is extremely cautious in ensuring that each product strictly complies with its quality criteria and that it has passed all controls, both technical and aesthetic.
Selected products are covered by the B my Brillionaire International Guarantee. If you wish to repair a product covered by the B my Brillionaire International Guarantee, please refer to the B my Brillionaire International Guarantee for more information.
If you wish to send the product for repair to the B my Brillionaire e-boutique, please follow the process outlined in Clause 16.1 above.
18. LEGAL GUARANTEE
In your capacity as consumer, you may have legal rights under applicable national legislation governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.
For any repair inquiries, please contact our Customer Contact Centre (telephone number and e-mail address indicated on the Website).
20. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
While B my Brillionaire endeavours to verify the accuracy of any information it places on the website, in advertisements or catalogues or by the Customer Contact Centre, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. B my Brillionaire does not confirm the price of a B my Brillionaire product until a Confirmation of Order has been issued by B my Brillionaire, indicating the existence of a binding sales contract. If a B my Brillionaire product’s correct price is higher than the price posted on our website, then B my Brillionaire either contact the Customer for instructions before shipping the order or, if Cartier cannot obtain your instructions, rejects the order and notifies you of such rejection.
While every effort will be made to ensure that the descriptions, photographs or graphical representations of the B my Brillionaire products displayed on the website or in a catalogue are as accurate as possible, B my Brillionaire does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the Customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.
21. FINAL PROVISIONS
Information and complaints. In case of any complaints please contact our Customer Contact Centre at the following address: B my Brillionaire, Customer Contact Centre, Régiposta utca 13., H-1052 Budapest. For further information or complaints, you may also contact the Customer Contact Centre on the telephone number and e-mail address indicated on the Website.
Entire Agreement. The Conditions of Sale, including policies incorporated herein (e.g., Privacy Notice) constitute the entire agreement between you and B my Brillionaire regarding your purchase of B my Brillionaire products through the Customer Contact Centre or the Website, and supersede any prior conditions of sale.
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
22. GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of Hungary, without reference to conflict of law provisions, and with the exclusion of the Convention of International Sale of Goods.
You may bring proceedings against B my Brillionaire either in the courts of Hungary or in the country where you are domiciled. B my Brillionaire may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a Court, B my Brillionare or the Customer will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.
Last Revised: 5 January 2014