Terms & Conditions

Welcome to Kapriss World.

At Kapriss World we endeavour to provide you the best services subject to the terms and conditions mentioned hereunder to enable you to have a memorable and hassle-free shopping experience with us as far as possible. By visiting or using the Kapriss World website or its services, you acknowledge that you have read and understood and agree to be bound bythese Terms and Conditions. You also agree to comply with all the applicable Belgian and Dutch laws, codes, rules and regulations. If you do not agree to these terms, please do not use this website.

USE OF THE WEBSITE

Kapriss World website and its content are intended solely for personal and non-commercial use by its Customers/Visitors. You agree not to reproduce, publish, transmit, distribute, modify or create derivative works from or commercially exploit in any way any of the contents of Kapriss World website. This is not a transfer of title and is subject to the restrictions that you may not- (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use the Kapriss World website in any manner that may be harmful to the operation of the website or its content.

CUSTOMER’S ACCOUNT AND ITS PRIVACY

When registering on this website and / or placing an order, the Customer will be asked personal details which include first name, surname, Kapriss World log-in information (password), country of residence, email address, telephone numbers and address, payment card details, billing address, purchase information, payment history. Kapriss World may also collect information about how the Customer uses our website, including time spent on page, click-throughs, download errors, IP address, browser type, hardware type, network and software identifiers, device information, operating system and system configuration. These personal details/data are necessary for the correct and smooth operation of the website and are used to enable the Customer to register themselves as a Customer of Kapriss World, to enable the Customer to log-in into his/her Kapriss World account, for internal administration and record keeping purposes, to process the payment made by the Customer, to deliver the goods the Customer requested for and for communicating with the Customer, to answer the Customer’s queries, to inform the Customer about the promotional codes, special discounts and discount vouchers, to verify the Customer’s identity and detect fraud and security issues, to notify the Customer of changes to our Privacy Policy, our Terms and Conditions or other changes to our goods and services, to give the Customer the opportunity to provide us with feedback, to administer the Kapriss World website, including but not limited to website trouble shooting, testing and analysis. The personal data provided will be included in the files of Kapriss World and will be treated as strictly confidential information. The personal data will only be processed to the extent that the processing is necessary for the execution of the contract that the Customer will have with Kapriss World and completing the sale procedure. Kapriss World will only use the Customer’s personal data for the purposes for which it has been collected, unless Kapriss World reasonably considers that it needs to use it for another reason and that reason is compatible with the original purpose. If Kapriss World needs to use the Customer’s personal data for an unrelated purpose, Kapriss World will notify the Customer and Kapriss World will explain the legal basis which allows Kapriss World to do so. The Customer will have the right to oppose the use of his/her personal data. In addition to the above, Kapriss World may also anonymise and aggregate the Customer’s personal data in a way that the Customer cannot be identified. This may be helpful to Kapriss World for testing our internal systems, carrying out research and general customer data analysis. Because this is not personally identifiable, we can use this for any purposes. Importantly, Kapriss World will only use the Customer’s personal data when the law allows Kapriss World to use it. The Customer’s personal information will not be sold or sent to third parties nor will it be made public. However, the Customer’s certain personal data will be shared only with the courier agencies to the extent that it is needed for delivering the goods. If any circumstances arises where Kapriss World needs to shares the Customer’s personal data with any other third parties, Kapriss World will ensure that access is limited on a strictly need to know basis and is subject to suitable obligations relating to confidentiality and security. Please note that certain of these third party service providers use cookies or other tracking technologies for which Kapriss World shall not be responsible. In addition to the above, Kapriss World may also be required to share the Customer’s personal data with third parties if required by law or regulation. In such circumstances, Kapriss World will make sure that the disclosure is only to the extent required by law or regulation. In any event Kapriss World reserves the rights to use or disclose the Customer’s personal data when it is necessary to preserve the integrity of the website or when the law requires it or when the processing is vital for the Customer or when the processing must take place in order to fulfill the task of public interest or when the data processing is necessary to represent a legitimate interest. The Customer has the right to access, view, correct or change or improve, erase his/her data at any time by logging into their Kapriss World account or the Customer can contact Kapriss World via email and request them to help. The Customer has a right to restrict the processing of his/her personal data. The Customer shall have the right to request Kapriss World to stop using his/her personal data, in event of which the purpose for which Kapriss World has collected the personal data might not be fulfilled for which Kapriss World should not be held responsible. The Customer may refuse Kapriss World to use his/her data to send him/her information. The Customer must exercise his/her right and/or make this request to Kapriss World by an e-mail. Alternatively, Kapriss World may refuse to comply with the Customer’s request in certain circumstances. If under certain circumstances the Customer has initially provided his/her consent to use his/her personal data but later the Customer decides to withdraw his/her consent please note that Kapriss World may continue to process such personal data if Kapriss World has legitimate legal grounds for doing so. Where the Customer’s request is legitimate, Kapriss World will always respond within one month (unless there is a legal reason to take longer, such as where your request is particularly complex). Kapriss World may also need the Customer to confirm his/her identity before Kapriss World proceeds with his/her request if it is not clear to us who is making the request. If the Customer accesses or uses Kapriss World website, the Customer is responsible for maintaining the confidentiality of their account and for restricting access to their computer. The Customer agrees to be responsible for all activities that occur under their account or password. If the Customer is under 18 years old, the Customer must use the Kapriss World website only with the involvement of a parent or a guardian. Kapriss World reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion. Kapriss World adopts standard security processes to ensure that the Customer’s data is kept safe and secure and to prevent unauthorized access or use or loss of the Customer’s data. Kapriss World also makes sure that the third parties who need to handle the Customer’s data when helping Kapriss World to deliver their services are subject to suitable confidentiality and security standards. Despite the security measures which Kapriss World implements, please be aware that the transmission of data via the internet is not completely secure. As such, Kapriss World cannot guarantee that the information transmitted to Kapriss World via the internet will be completely secure and any transmission is at the Customer’s own risk. Kapriss World will keep the Customer’s data for as long as the Customer holds Kapriss World account and/or where the Customer is still happy to hear from us about our latest news, offers, goods and services. Once the Customer no longer wish to be engaged with Kapriss World we may still need to keep hold of the Customer’s data if there is a legal reason for doing so. If Kapriss World amends its Privacy Policy, it will be published on the website so please check back regularly to see if there have been any updates. If Kapriss World make any substantial changes, Kapriss World may also email you if it’s appropriate. If the Customer would like to discuss anything regarding this policy or if the Customer wants to exercise his/her rights, please email Kapriss World.

SCOPE OF APPLICATION

  • Conditions:

    The general conditions apply to all contracts concluded with Kapriss World and they contain the mutual rights and obligations between the Customer and Kapriss World. Kapriss World reserves the right to change the terms and conditions without prior notice to the Customer. The Customer declares that before concluding the contract with KaprissWorld he/she has gone through the terms and conditions mentioned herein and declares expressly to accept them. This declaration of acknowledgment and acceptance is done by an electronic confirmation.

  • Derogations:

    Unless expressly agreed otherwise in a written form, no derogations to the present general conditions will be accepted. All clauses which were not subject to derogation will remain fully in force.

  • Worldwide sales:

    Kapriss World’s goods are sold worldwide.

TRADEMARK, PATENT, DESIGN AND COPYRIGHT ACT

Kapriss World website is owned and operated by Kapriss bvba. Intellectual property rights means patents, brand rights, copyright, design and models and other intellectual property rights such as technical and/or commercial know-how, methods and concepts.Unless otherwise noted, all design and content included on this website including text, graphics, logos, headers, icons, images, scripts, service names, artwork, audio and video clips and software are the trademark and the sole property of Kapriss World (or is used under the license granted to Kapriss World) and is protected by Belgian and Dutch laws, codes, rules and regulations. Kapriss World’s trademarks, service marks may not be used in connection with any goods or service that is not Kapriss World’s in any manner that is likely to cause confusion of Customers or potential Customers, or in any manner that harms or discredits Kapriss World. Nothing on this website or in these Terms and Conditions should be construed as any right to use any trademarks or service marks displayed on the website without the express written permission of Kapriss World or the trademark or the service mark owner. Neither the names “Kapriss, Kapriss World” nor Kapriss World’s logo may be used for any purpose without their prior written consent. Kapriss World's logos may not be used as a “hot” link to any other website without their prior written consent. Kapriss World offers wide range of jewelries, watches and diamonds of high quality which is standing under in its own name and brand which is offered and shown on the website. All goods manufactured and sold under Kapriss World name and brand are protected by Belgian and Dutch laws, codes, rules and regulationsand are the property of Kapriss World.  It is forbidden to use the commercial names and brands ‘Kapriss’ and/or ‘Kapriss World’ and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelries, watches and diamonds under the Kapriss World brand or to transfer any rights to a third party. The Customer commits himself/herself to indemnify and to guarantee Kapriss World against all claims or law suits of third partiesfor any damages (direct and/or indirect) caused by infringements of these obligations.

CHARACTERISTICS AND DESCRIPTION OF THE GOODS, DESIGN, OFFER AND SALES

These general terms and conditions apply to all orders placed by the Customer with Kapriss World.Kapriss World makes all reasonable efforts to display the goods listed for sale on its website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Kapriss World cannot guarantee that your monitor’s display of any goods color, texture or detail will be accurate. In addition, Kapriss World does not warrant that thegoods,design, descriptions or other content are accurate, complete, reliable and/or error free. It is possible that the information provided is incomplete, incorrect and/or not up-to-date. To avoid any misunderstandings or forany further details regarding the goods, the Customer is requested to contact Kapriss World’s via e-mail.

Kapriss World aims at maintaining a stock of goods shown and offered on its website. Yet Kapriss World will never be able to guarantee that it can supply the goods that the Customer is willing to buy. Kapriss World does not guarantee the Customer that the goods that are offered at a certain time on the website are available at all times. The offer is valid as long as the stock lasts and can be changed at any time by Kapriss World. Kapriss World reserves the right to withdraw goods at any time. Kapriss World cannot be held liable for the non-availability of goods. The Customer can contact Kapriss World via e-mail to verify the availability of the goods.

MISTAKES AND CLERICAL ERRORS

Kapriss World will do its utmost best to manufacture and/or deliver the ordered goods.Information, pictures, sizes and descriptions on the website of Kapriss World or the information given by e-mailor any other form of communication are as precise as possible. But Kapriss World cannot be held liable for mistakes, clerical errors, erroneous mentions,material errors, typesetting or printing errors or lack of information. Obvious mistakes do not bind Kapriss World. Kapriss World makes every effort to ensure that thegoods are described and priced accurately. However, in the event, the goodsare deemed to be priced incorrectlyor in case of unavailability of the goods or impossibility to manufacture the goods, Kapriss World reserves the right to refuse sale of that goods. If the pricing error or the unavailability of the goods or the impossibility to manufacture the goodsor any other error is discovered after the payment has been made, Kapriss reserves the right to cancel the sale and refund the monies. Kapriss World commits itself to communicate as soon as possible the reason of repayment. If the goods offered by Kapriss are not as described, your sole remedy is to return it in unused condition. When the Customer faces unclear information he can always contact Kapriss World via email. When the price of goods mentioned on the website is different from the actual amount deducted from the Customer’s account due to an error, Kapriss World will contact the Customer before expedition of the purchased goods in order to leave the Customer the possibility to either pay the price difference or get the difference amount refunded by Kapriss World back or to renounce the purchase. Kapriss World apologizes for the troubles which could be caused by this.

PURCHASE OF GOODS

Only the registered Customer (which includes B2C and B2B) can purchase goods on the website of Kapriss World. The goods from the catalog as available on the website can be purchased by selecting the desired goods and then placing it in the shopping cart. If, after selecting the goods, the Customer wants to continue ordering the goods that have been placed in the shopping cart, the Customer must fill in the required information so that the contract can be concluded.When paying with a credit card, the costs of the purchase will be debited after the contract has been concluded.Once the payment has been received by Kapriss World and the order has been placed, the contract has been concluded through the website, and both, the Customer and Kapriss World explicitly declare that the contract has been valuably concluded by means of electronic communication. Both parties declare that the contract has obligatory force notwithstanding the lack of physic signature. The electronic data of Kapriss World are accepted as evidence.

PRICE OF THE GOODS

All the prices on the website are in € (Euro) but the approximate conversion in the Customer’s local language which will be shown to the Customer will be only for the convenience and easy understanding of the Customer and for information purposes. All the prices are fixed and mentioned on the website. However, prices of some of the items will be subject to fluctuations as per the market rates. All prices are inclusive of VAT. Additional taxes (i.e. import taxes, local taxes outside EU, export charges) have to be paid directly by the Customer in their country at the time and place of delivery without any recourse to Kapriss World.

METHODS OF PAYMENT/PAYMENT OPTIONS

Kapriss World accepts the following modes of payment-

(a) Bank transfer;

(b) Visa, Master-card.

In case the Customer makes any error in payment such as making a transfer (related to bank transfer only) to the wrong account number, Kapriss World will not responsible for any damages that the Customer may suffer.

Extension

Kapriss World can change and/or extend the payment means. These modifications and/or extensions will be communicated through the website of Kapriss World.

Specific Conditions

When payment is done by credit card, the conditions of use of this card are determined by the card issuer. Kapriss World is not involved in the relation between the Customer and the card issuer. Kapriss World will never take on its behalf any bank fees that may be charged by the Customer’s bank. Any bank fees (if charged on Kapriss World and which may be incurred by Kapriss World) will be the liability of the Customer and the Customer will have to bear the consequences and costs of the same.

REWARD POINTS

On every purchase made by the Customer on Kapriss World, Kapriss World offers reward points. The use of reward points is applicable for all the goods available on the website.The reward points can be redeemed by the Customer only on the next/subsequent purchase.On purchase of the goods if the Customer desires to redeem the reward points then only the past reward points will be redeemed whereas the current points earned at the time of purchase will be carried forward. The value of the reward points will be deducted from the price (VAT included) of the goods as shown on the website at the time of purchase.

Additional taxes (i.e. import taxes, local taxes outside EU, export charges) are atthe Customer’s charge.

PROMOTIONAL CODES, SPECIAL DISCOUNTS, DISCOUNT VOUCHERS

There will be different promotional codes, special discounts and discount vouchers available from time to time to the Customer which can be redeemed by the Customer. Some code/s and discount/s will be directly emailed to the Customer on their registered email address and can be used by the Customer at the time of purchasing the goods shown on the website. It will be a single-useable code and will have a validity period attached to it with other relevant terms and conditions, if any. Other code/s and discount/s will be available on the website and can be used at the time of purchasing the goods shown on the website which can be used by all the registered Customers for redemption. It will be a single-useable code and will have a validity period attached to it with other relevant terms and conditions, if any. Promotional codes and/or special discount prices/vouchers (in any form) are not cumulative. The use of promotional codes, special discounts and discount vouchers is applicable for all the goods available on the website. The promotional codes, special discounts and discount vouchers distributed by Kapriss World cannot be combined with other discount/s and either one of such code/discount can be used for each purchase. By using the single-useable code, the value of the promotional codes, special discounts and discount vouchers will be deducted from the price (VAT included) of the goods as shown on the website at the time of purchase. Additional taxes (i.e. import taxes, local taxes outside EU, export charges) are at the Customer’s charge.

THE MANNER AND TERM OF DELIVERY

The term of delivery will be mentioned on the website at the time of purchase and the Customer will be aware of the period of delivery before placing the order. The same will be confirmed by Kapriss World in the order confirmation forwarded to the Customer. The Customer will be updated/notified for each step. Kapriss World makes all reasonable efforts to deliver the goods within the period stated on the website.However, sometimes the time period may vary depending on the place of delivery and the type of goods. The delivery dates and / or execution periods are therefore only provided by way of information and are purely indicative and are therefore not binding unless expressly agreed between the parties. The Customer acknowledges that the predetermined term has an indicative character. A delay in delivery can always happen and is therefore beyond our control. No company in the world can guarantee a 100% in time delivery. This is simply impossible as we always rely on people. Kapriss World cannot be held responsible for late delivery of one of its courier agencies.Therefore, a late delivery as such does not grant the Customer any right for financial compensation or cancellation of the order.If Kapriss expects a delay in the delivery of the goods, the Customer will be notifiedvia email. The delivery periodwill be suspended or extended due to frost, bad weather, supply problems or any other unforeseeable event which is not caused by negligence or willful misconduct or breach of the law. The purchased goods will be delivered on the provided date at the address mentioned by the Customer at the time of purchase of the goods. The Customer can be asked to sign a delivery note when the purchased goods are delivered. To avoid fraud Kapriss World recommends the Customer to give his/her address mentioned on his/her credit card or known by the financial institution of the Customer. The risk of loss or damage is transferred to the Customer at the time of delivery of the goods.

In case of non-delivery of goods to the Customer due to a fault on the part of Kapriss World, the Customer will be fully insured against such non-delivery of goodsand the Customer will receive the option to be refunded or the option of reproduction and delivery of the exact same goods without additional costs. The Customer is fully informed and aware that Kapriss World will not concede to unreasonable behavior or legal threats which demand remedying actions from Kapriss World which go beyond its responsibilities. Kapriss World will not be responsible for any damage that the Customer suffers due to delay in delivery of the goods.

LACK OF COLLECTION OF DELIVERY

When the Customer fails to collect the goods in due time, the goodswill be re-shipped to Kapriss World. Kapriss World will notify the Customer that the purchased goods are in their custody. In that event the Customer can request Kapriss World to re-ship the purchased goods to their address or any new address after Customer has paid to Kapriss World the charges of re-shipment, insurance and/or any other charges which Kapriss World has incurred on behalf of the Customer.

RETURN& REFUND, EXCHANGE AND REPLACE

The Customer has a right to return/exchange/replace the purchased goods, provided that the Customer informs Kapriss World his/her desire to return/exchange/replace the purchased goods via email, tosupport@kaprissworld.com, within 24 hours of receipt of the goods stating the reasons for such return/exchange/replacement. The Customer must return the goods to Kapriss World at Kapriss bvba, Hoveniersstraat 40, Box-21, 2018 Antwerp, Belgium, within 14 calendar days after the day on which he/she has notified his/her decision to return/exchange/replace the purchased goods. If the Customer fails to inform Kapriss World of his/her desire to return/exchange/replace the goods within 24 hours or if the goods are not received back by Kapriss World within 14 calendar days after the day on which he has notified his/her decision to return/exchange/replace the goods,then Kapriss World will have a right to refusereturn/exchange/replacement.

The Customer needs to keep in mind that only the finished jewelries and watches can be returned/exchanged/replaced. B2B Customer cannot return/exchange/replace loose diamonds but B2C can return/exchange/replace loose diamonds.Thereturn/exchange/replacement of the purchased goods will be without payment of any fine..

Within those 24 hours the Customer may unpack the goods only to the extent that it is necessary to inspect the goods. Only goods in original packaging together with all accessories, instructions for use are taken back by the Kapriss World. While returning the goods the price tag/s needs to be intact.

The right of return and refund, exchange and replacement does not apply to the following goods/circumstances:

  • Goods whose price is subject to fluctuations on the financial market,
  • Certain Promotional goods,
  • Goods that are manufactured according to the specifications of the Customer and / or personalized goods or goods that are clearly destined for a specific person;
  • Goods which have been purchased by the Customer after seeing and inspecting it;
  • The Customer is precluded from his/her right to return,exchange, replace and refund if the packaging of the goods is no longer in their original state and/or is incomplete, and/or is damaged or and/or has been used.

Costs resulting from incorrect application of the customs procedures related to the re-importation (from outside the European Union) of the purchased goods will always be borne by the Customer.

When Kapriss World receives the back the purchased goods they will notify reception of the goods to the Customer. As soon as the purchased goods are received by Kapriss World for return/exchange/replacement, Kapriss World will inspect it thoroughly for being satisfied that such purchased goods have been returned in their original state or that the condition of such purchased goods meets the requirements to be object of the right of return/exchange/replacement.

The refund of monies will be made by Kapriss World within 7 (seven) working days after Kapriss being satisfied as to the condition of such of the purchased goods being returned. Refund will be processed by transferring the monies on the bank account mentioned by the Customer for this purpose andafter deducting the applicable Bank charges.

When the purchased goods which are returned do not meet the return/exchange/replacement requirements or if it is discovered that the price tag/s is/are not there or the seal is brokenit will be deemed that the Customer has used the goods and Kapriss World reserves the right to refuse refunding the monies.In this case such goods remain the property of the Customer. On the request of the Customer the such goods can be re-shipped to the Customer after the Customer makes the payment of all re-shipment costs and charges which includes the cost of insurance (including – if any -  costs resulting from incorrect application of the customs procedures related to the re-importation of the purchased goods from outside the European Union). When Kapriss World re-ships the returned goods received by them for return/exchange/replacement/repair Kapriss World will notify the Customer of the re-shipment of such goods.

COST OF REPAIR

The goods which are excluded from warranty but have to be repaired,Kapriss World will try to repair or replace it free of charge butin case Kapriss World comes to the conclusion that such damaged goods cannot be repaired without incurring certain costs itwill notify the Customer via email about the approximate cost of repair before carrying out any repair.

In case, the damage to the goods is detected by the Customer at the time of delivery or immediately after delivery due to an error on the part of Kapriss World, the cost of repairing or replacing such goods in case it cannot be repaired as also the re-shipment charges and costs for insuring the goods at the time of re-shipment will be borne and paid by Kapriss World.

However, if such damage has occurred due to the Customer’s negligence whether at the time of delivery or immediately after delivery or at any point of time after receiving the goods, the cost of repairing or replacing such goods in case it cannot be repaired as also the re-shipment charges and costs for insuring the goods at the time of re-shipment will be borne and paid by the Customer.The Customer can always refuse Kapriss World from carrying out any repairs/replacement in case they are not willing to pay the costs.

Kapriss World reserves the right to exchange the goods if the costs for repair are disproportionate or if the repair is impossible.

CANCELLATION

Once the order is placed by the Customer and the price has been paid by the Customer, the Customer cannot cancel the order. However, once the Customer receives those goods the Customer can return it as per the return policy.

However, Kapriss World reserves their rights to cancel/refuse the orders in the following cases:

  • With serious suspicion of abuse of rights or bad faith by the Customer;
  • In case of an abnormal quantity of ordered goods;
  • With exhaustion of the stock or the non availability of the goods;
  • When establishing an invalid offer;
  • In case of force majeure.

In case Kapriss World has to cancel/refuse the order on the ground of exhaustion of the stock or the non availability of the goods after the order has been placed by the Customer, Kapriss World shall refund the entire amount back to the Customer.

RIGHTS, OBLIGATIONS AND LIABILITIES OF THE PARTIES

  • Use of systems/connection

    Kapriss World waives any liability for damages caused by dysfunctions of the hardware and/or of the software systems and all devices referred to these systems, which are used to have access to the website of Kapriss World.

  • Security and precautions

    The Customer is obliged to notify Kapriss World immediately of all problems related to the access and use of its website.

  • Unavailability of the website

    Kapriss World waives liability for any damages caused by temporarily or final unavailability of its website.

  • Liability of Kapriss World

    Kapriss World can only be held liable for manifestly serious errors, intentional errors and gross negligence. Kapriss World can in no way be held to compensate for indirect damage, economic damage or loss of profits resulting from an infringement made by him against an obligation on the basis of the contract or these general terms and conditions.

Kapriss World waives liability for any damages caused to the Customerdue to a third party.

Kapriss World puts in a lot of efforts into the accuracy & completeness of the information which is provided to the Customers/Visitors of its website. Information, pictures, descriptions on the website of Kapriss World or the information given by email are as precise as possible. Kapriss World pays the greatest attention to the information it shares on its website. However, it cannot be guarantee that the given information is always completely without flaw or fault. If the given information contains an error which will be evident to the average Customer, we will not accept any liability for this error.

In case Kapriss World has reasons to believe that the security of its website is in danger, it will be entitled to alter the Customer’s password.

FORCE MAJEURE

The contract can be terminated by both parties without any compensation in case of impossibility to implement it as a result of force majeure, strike, lockout, strike, etc.

SUSPENSION OF THE SERVICE

Kapriss World is entitled to suspend the services of its website and the connected systems when maintenance, modifications and improvements have to be done. In case of a technical incident or in case of force majeure or in case of anyurgency interruptions could occur without previous warning.

WARRANTY

Kapriss World will issue Warranty Certificate for each of the goods. The original copy of the Warranty Certificate will be handed over to the Customer with the purchased goods at the time of delivery. However, the Customer must keep in mind that the Warranty Certificate will be issued by Kapriss World only to define the genuineness and authenticity and give the correct description of the goods sold by Kapriss World.

With respect to the watches sold by Kapriss World the Warranty Certificate will mention the warranty period.

With respect to jewelry and diamonds sold by Kapriss World there will be no warranty period.

Kapriss World will warranty only those goods which are genuinely damaged without any fault of the Customer. Upon receiving such damaged goods Kapriss World will analyze it and once Kapriss World comes to the conclusion that the damage is legitimate then only the Customer will be able to avail the benefits under the Warranty Certificate. In such a situation the decision of Kapriss World will be final. Neither the Customer nor any third party will have any right to take any decision. In order to avail the benefits under the Warranty Certificate issued by Kapriss World, the Customer will have to produce the original copy.

However Kapriss World will not be held to warranty in following cases-

  • Normal wear and tear;
  • Defects resulting from accidents;
  • Inappropriate or unjustified use of the goods;
  • Use of the goods in violation of the purpose for which it was designed;
  • Non-compliance with the instructions for use;
  • Poor maintenance, abnormal, commercial or incorrect use;
  • If the partial defects have been caused intentionally, or by serious negligence or lack of maintenance.
  • Modification and reparation of the goods by a third party without consent of Kapriss World;
  • If the original invoice and certificates cannot be supplied, have been altered or became unreadable;
  • In the event of the loss of one diamond or more diamonds, unless expert in-house analysis demonstrates that the loss was as a result of a manufacturing error.

POSSIBLE PROVISIONS WITH REGARD TO INSURANCE:

Each shipment made by Kapriss Worldfor the goods purchased by the Customer which will amount to first delivery to a Customerof those particular goodswill be fully insured (risk-free). All shipping risks will be at the cost of Kapriss World. For security reasons the Customer can be asked to sign a delivery note when the purchased goods are delivered. Kapriss World requests the Customer to make a precise follow up of the shipment and to assure that the Customer will themselves collect or entrust a trustful person to collect the purchased goods on their behalf.Risks are transferred to the Customer once the parcel (which contains the purchased goods) has been delivered to the address mentioned by Customer at the time of making the purchase even if the delivery note has not been signed.

In case of return/exchange/replacement of the purchased goods Kapriss World will under no circumstances be responsible for arrangement of re-shipping the purchased goods. It will be the liability of the Customer andthe cost of re-shipping the purchased goods back to Kapriss World will have to be borne and paid by the Customer alone. Kapriss World will not intervene in the arrangement of the insurance coverage in case ofre-shipping the purchased goods.It will be the liability of the Customer to bear the costs of insuring the goods to be re-shipped. The Customer will have to take every measure to make sure that the purchased goods which have to be re-shipped to Kapriss World has reached Kapriss World in its original state.Kapriss World will never be liable for damages including theft and lost of the re-shipped goods.

COMMENTS AND SUGGESTIONS

We appreciate hearing from our Customers and welcome their comments and suggestions regarding Kapriss World website and the goods offered for sale by Kapriss World, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.The Customermay not use a false email address, impersonate any person, or otherwise mislead Kapriss World as to the origin of any comment or suggestion. Kapriss World values the Customer’s feedback on our goods and our service but requests that the Customer be specific in their comments and do not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that the Customer sends to Kapriss World will become the property of Kapriss World and will not be subject to any obligation of confidentiality on the part of Kapriss World. Kapriss World will not be liable for any use or disclosure of any such feedback, comments or suggestions. Kapriss World will be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to the Customer or any other person who submitted the information. The Customer can contact Kapriss World through email.

COOKIES

Cookies are small files that are temporarily stored on your hard disk via the website. These small files facilitate navigation and contribute greatly to the user-friendliness of the website.

If you wish to be notified by the browser when a cookie is being sent, you can adjust your browser settings.

If you do not wish to receive cookies, you can choose "do not accept cookies" in your browser settings. You will no longer receive cookies. However, this can lead to loss of functionalities and loss of usability of the website.

LINKS TO OTHER WEBSITES

Kapriss World website may contain external links to websites that are for information purpose only and not maintained by Kapriss World. We try to include links to only those websites that are safe for our Customers/Visitors, but we are not responsible for the content or accuracy of any websites other than our own and cannot guarantee that such websites will not change without our knowledge. The inclusion of a link in this website does not imply Kapriss World’s endorsement of that website. Despite careful content control, no liability is accepted, neither for the content of external links nor for the respect of a privacy policy that is identical to the policy as defined herein. When entering the external links and using it, the Customer should read the privacy policy of the websites concerned and access the other websites at his/her own risk.

COMPLAINTS

In case of any questions or complaintswith regard to the purchased goods the Customer can contact Kapriss World via email on support@kaprissworld.com.

The European Commission provides an interactive website for online dispute resolution (ODR platform). The ODR platform is a central point of contact for Consumers and Entrepreneurs who want to resolve disputes arising from online transactions outside the court. The Customer will find the ODR platform via the following web link: under this link: http://ec.europa.eu/consumers/odr/.

In case of any dispute not resolvedas per the Terms and Conditions the decision of Kapriss World will be binding on parties.

APPLICABLE LAW,JURISDICTION, AND COMPETENT COURTS

When parties are unable to resolve the conflict in an amicable way, only the Courts ofBelgian and Dutch will have exclusive jurisdiction 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. In order to facilitate communication with the other party, Kapriss World may decide at its own discretion to use English language, but this is never to be considered as an obligation.

All issues, questions and disputes concerning the validity, interpretation, enforcement or termination of the contract between the parties will only be governed and construed by Belgian and Dutchlaws, codes, rules and regulations. No effect will be given to any other choice of law or to any conflict-of-law rules or provisions.

DIVISIBILITY CLAUSE

If any court of competent jurisdiction determines that any provision or any portion thereof contained in these Terms and Conditions is unenforceable in any respect, such provision will be deemed to be limited to the extent that such Court deems it enforceable and as so limited will remain in full force and effect. If such court will deem any such provision or portion thereof wholly unenforceable the remaining provisions of these Terms and Conditions will nevertheless remain in full force and effect.

If one of the clauses in the present conditions is declared null and void in an application of a law, regulation or binding resolved decision of a competent court, it will be held for no written reasons; the other clauses remain binding and valid. In the event that a clause or part thereof proves to be void, the clause (s) will be replaced by ratification with an attachment in consultation with the Customer.

MODIFICATION

Kapriss World reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check this page periodically for changes. The Customer agrees that each time the Customer visits Kapriss World website their visit to and use of such website will be subject to and bound by the then current version of these Terms and Conditions.

Date of Last Update of these Terms and Conditions: 24thMay, 2018.

Kapriss World website is operated by Kapriss bvba from its officein Antwerp, Belgium. The email address for any kind of correspondence is support@kaprissworld.com.Kapriss World makes no representations that the contents of its website are appropriate or available for use in other locations. Customers/Visitors who choose to access Kapriss website from other locations do so on their own initiative and are responsible for compliance with applicable local law.Once again, we thank you for your interest in Kapriss World. And hope that you had an enjoyable experience.

Disclaimer of Warranties and Limitation of Liability

THE MATERIALS AND INFORMATION PROVIDED BY KAPRISS WORLD ON ITS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KAPRISS WORLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR GOODS INCLUDED ON ITS WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF KAPRISS WORLD WEBSITE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KAPRISS WORLD DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAPRISS WORLD DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM KAPRISS WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAPRISS WORLD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Kapriss World is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event willKapriss World’s aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Kapriss World by you for accessing Kapriss World’s website.

Indemnity

You agree to defend, indemnify and hold harmless Kapriss World and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of Kapriss World’s website or your breach of these Terms and Conditions.