Last updated: 15 September 2026
Please read these terms of sale set out below (“Terms”) carefully. These Terms apply to all contracts entered into between Kimaï Ltd (company no. 11545199), a limited company registered in England and Wales whose registered office is at 24 Chiltern Street, London, England, W1U 7QE, acting in respect of sales to consumers in the European Union through its Belgian branch at Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium (BCE/KBO no. 0745.388.877), Belgian VAT number BE0745388877 (hereinafter “Kimaï”, “we”, “our” or “us”), and the consumer or non-professional buyer who purchases the Product(s) from Kimaï (“you” or “your” or the “Client”).
The Website www.kimai.com (the “Website”) is hosted by SHOPIFY INC., 151 O’Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada.
Sales to consumers in the European Union and the European Economic Area are processed via our Belgian branch under the EU One-Stop-Shop (OSS) regime. Sales to consumers in the United Kingdom are governed by our separate UK Terms and Conditions.
By continuing to browse and use our Website you are agreeing to comply with and be legally bound by the following Terms in respect of your access to and use of the Website. If you do not agree to these Terms, you must not use our Website.
By placing your Order with us via our Website, you are accepting these Terms and agree to be legally bound by them. Nothing in these Terms affects your mandatory legal rights as a consumer under EU law or the national consumer protection laws of your country of habitual residence.
1. Definitions
When the following words with capital letters are used in these Terms, this is what they will mean:
“Bespoke Product(s)”: custom-made jewellery pieces or other customised or personalised Product(s), including Engraved Products, tailored to your individual measurements, requirements or specifications.
“Consumer”: any natural person who is acting for purposes which are outside his or her trade, business, craft or profession, within the meaning of Directive 2011/83/EU.
“Engraved Product(s)”: any Product that has undergone customisation through engraving.
“Event Outside Our Control”: as defined in clause 13.2.
“Order”: your order for the Product(s) placed online via our Website.
“Product(s)”: the item or items that we are selling to you as set out in the Order. Kimaï sells jewellery for women and men, the majority of which is set with laboratory-grown diamonds.
“Redesigned Product(s)”: a piece of existing jewellery redesigned by us into a new design.
“Website”: www.kimai.com and any other websites we own or operate from time to time.
When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2. Your use of the Website
2.1 All content on the Website, including but not limited to images, text, data, graphics, page layout, software and the code used to generate the pages on the Website (collectively, the “Content”), as well as any other registered or unregistered trade marks, trade dress, trade names, logos, designs, titles and product names appearing on the Website are protected by intellectual property rights owned, or licensed to us.
2.2 Except as otherwise provided on the Website or in these Terms, you may not download, copy, reproduce, publish, license, distribute, or otherwise use any Content in whole or in part for any commercial purpose without our prior written consent. You may not use any metatags or any other “hidden text” utilising any of our names or trade marks without our prior written consent.
2.3 We grant you a personal, limited, non-exclusive, non-transferable licence to access and make use of the Website for personal, non-commercial purposes only. All rights not expressly granted are hereby reserved. The licence granted to you to access and use the Website shall automatically terminate if you do not comply with these Terms.
2.4 You agree not to violate or infringe any intellectual property rights or other legal rights of Kimaï or any third parties. To the extent permitted under applicable law, you hereby agree to indemnify us and hold us harmless in the event of any third-party claims of infringement of intellectual property or similar rights arising through your use of the Website and its Content.
2.5 You may use the Website only for lawful purposes and in accordance with these Terms. You warrant, represent and agree not to:
use the Website in any way that violates any applicable law or regulation;
use the Website to transmit, or procure the sending of, any unauthorised material, including any junk mail, spam or any other similar solicitation;
use the Website to impersonate or attempt to impersonate us, an employee or agent of ours, or any other person or entity, or otherwise submit false information;
use the Website to engage in any conduct that restricts or inhibits anyone’s use of the Website, or otherwise attempt to interfere with the proper working of the Website;
use any “robot”, “spider”, “scraper” or other automatic data mining and extraction tools, or any manual methods to access the Website for any purpose, including monitoring or copying any of the material on the Website, or for the purpose of text and data mining or training an artificial intelligence model, large language model or similar technology. In accordance with Article 4(3) of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, we expressly reserve our rights and opt out of any such text-and-data-mining activities to the maximum extent permitted by applicable law;
introduce any viruses, trojan horses, worms, logic bombs or other material, code or program which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
attempt to gain unauthorised access to, collect, or store any personal information that may be contained on the Website, the server on which the Website is stored, or any server, computer, database or information system connected to the Website;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Website;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or
procure, encourage, or assist any third party in doing any of the foregoing.
2.6 We may have links from our Website to other third-party websites and materials. Such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, to the extent permitted by law, we accept no liability for any loss or damage which may arise from the use of such links.
3. Changes to these Terms
3.1 We may amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. Where we make material changes to these Terms, we will notify you in advance by posting a notice on our Website. Material changes will not apply to Orders we have already confirmed.
3.2 The date of the last update of these Terms is shown at the top of this page. Your continued use of the Website following the entry into force of any amendment will be deemed acceptance of the revised Terms.
3.3 Any revised Terms supersede all previous versions, notices, policies, or statements regarding the Website.
4. Our contract with you
4.1 These are the terms and conditions on which we supply Product(s) to you.
4.2 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before completing your Order. If you think that there is a mistake or require any changes, please contact us to discuss (see clause 6). Please keep your confirmation for your records.
4.3 In accordance with Articles 5 and 6 of Directive 2011/83/EU (the Consumer Rights Directive) as transposed in your country of habitual residence, the essential characteristics and the prices of the Product(s) sold electronically are made available on the Website before you place an Order. The advertising of Product(s) and services on our Website is an invitation to treat. When placing an Order online through our Website, you are offering to purchase the Product(s) you select.
4.4 The contractual ordering steps are as follows: (i) you select the Product(s) and add them to your cart via the “CHECKOUT” function; (ii) you review your cart, total price, delivery and billing addresses, and delivery options; (iii) you choose your payment method and confirm acceptance of these Terms by clicking “Verify the Order”; (iv) you click “Pay now” to validate and pay for the Order.
4.5 When you submit the Order to us, this does not mean we have accepted your Order for Product(s). Our acceptance of the Order will be made at our sole discretion. You will receive an order acknowledgement email after payment; this email does not constitute acceptance of your Order. The contract between you and us will come into existence only when we send you a separate email confirming that your Order has been accepted and dispatched. If we are unable to supply you with the Product(s), we will inform you of this and we will not process the Order.
4.6 We reserve the right to cancel any Order despite acceptance by us (as evidenced by written confirmation) at any time, including in cases of stock unavailability, an error in the price or description of the Product(s), exceeding the resale-prevention threshold, abnormal Orders, abusive returns or complaints, an existing dispute with you, or non-payment of a previous order. In such case you will be reimbursed for the original price for any payment already received.
4.7 Please do not try to send Orders via email, as we cannot guarantee any secure transmission of details.
4.8 We may need certain information from you so that we can supply the Product(s) to you, for example, measurements, delivery requirements and dates for delivery, and other matters relating to production or delivery. We may contact you if we require such information. If you do not give us this information within a reasonable time, or if you give us incomplete or incorrect information, we may either cancel your Order (see clause 15) or charge a reasonable fee for any additional work required as a result. We will not be responsible for any delay or partial failure in supplying the Product(s) if such delay or partial failure is caused by your failure to provide the necessary information within a reasonable time following our request.
4.9 We cannot guarantee that the sale and delivery of our Product(s) to your particular country or location is permissible, so please be aware of your own geographic import restrictions. We do not ship Products to the Russian Federation or China.
4.10 The images of the Product(s) on our Website are for illustrative purposes only. Although we have made every effort to display the Product(s) accurately, variations in size, colour, detailing (such as pattern and texture, etc.) may arise due to monitor settings and photography techniques. Images of the Product(s) may be enlarged in order to clearly show details, or reduced in size in order to show the entire item, and as such may not exactly reflect the actual detailing of the Product(s) when you receive it/them. Such non-substantial inaccuracies cannot engage our liability.
4.11 When you purchase a Product that is an engagement ring, designated as such on our Website, in accordance with these Terms we will offer you, for a period of 12 (twelve) months from the date you purchase the Product, one free re-sizing (2 EU sizes up or down) of that engagement ring, provided that resizing is possible with the design of the ring. Proof of purchase will be required. Any further resizing of that Product or resizing of additional purchased Products will be subject to an additional charge. Please note that this offer applies to Orders shipped to the EU, UK, US and UAE only.
5. Gift cards
5.1 Gift cards are only available in digital format on our Website.
5.2 The gift card will be sent to the person who places the Order, not directly to the intended recipient.
5.3 The gift card is valid indefinitely, until its value has been used in full.
5.4 The gift card cannot be exchanged, transferred, resold, discounted, or refunded in cash, except where the right of withdrawal is exercised in accordance with clause 14.
5.5 The gift card cannot be exchanged, replaced or refunded in the event of loss or theft.
6. Changes to your Order
6.1 You may request a change to your Order by contacting us as soon as possible and, in any case, before your Order has been shipped to you. This excludes any Bespoke Product(s) or Redesigned Product(s) which have started to go through any stage of the manufacturing process as we make these Product(s) to your specific requirements. However, if you request any modifications to your Bespoke Product(s) or Redesigned Product(s) after production has begun, we will attempt to resolve any problems to the best of our ability and on a case-by-case basis. This may be subject to additional fees and extended timelines which will be communicated to you in advance.
6.2 If a change to an Order is possible, we will inform you about any resulting changes to the price of the Product(s), the timing for delivery, or necessary updates as a result of your requested change and ask you to confirm whether you wish to proceed. You will be responsible for any difference in the price of the Product(s) as a result of such changes.
6.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 14.
7. Bespoke and Redesigned Products
7.1 We make the Bespoke Product(s) and Redesigned Product(s) according to the requirements, measurements and specifications you provide us following a virtual consultation or an appointment with one of our designers.
7.2 You are responsible for ensuring that the measurements, requirements and specifications provided to us for the Bespoke Product(s) or Redesigned Product(s) are correct and accurate, and we cannot accept the return of any Bespoke Product(s) or Redesigned Product(s) due to incorrect measurements, requirements or specifications provided by you. However, this will not affect your statutory legal rights as a consumer for Product(s) that are faulty or not as described.
7.3 After the initial consultation, our designers will typically prepare some sketches and designs of the Bespoke Product(s) or Redesigned Product(s) requested (“Designs”) before being crafted. In order to begin the design process, we require a deposit to be paid in advance which will be deducted from your final invoice (we reserve the right to change the amount of the deposit we ask for from time to time). All deposits are non-refundable unless the Bespoke Product(s) or Redesigned Product(s) are not made by us due to us exercising our cancellation rights as described in clause 4.6 or our breach of these Terms. Manufacture of a Bespoke Product or a Redesigned Product typically takes 8 weeks from the Designs being made, but you acknowledge that customisation times may vary and time is not of the essence.
7.4 You acknowledge and agree that we are the sole proprietor of all copyright, design rights and other intellectual property rights that may subsist in the Designs, Bespoke Product(s) and Redesigned Product(s) (and the processes for creating them) that are conceived, developed or created in accordance with these Terms. You shall not, by virtue of these Terms, obtain, claim or assert any rights, title or interest to the Designs, Bespoke Product(s) or Redesigned Product(s) we create. You shall, if requested by us, enter into such assignments or other formal documentation as may be necessary or desirable to record or effect the vesting of the ownership of all such intellectual property rights in us. Without limiting the generality of the foregoing, you acknowledge and agree that we may use the Designs we create to produce, offer for sale, and sell Products based on those Designs to other customers.
8. Shipping and delivery of Product(s)
8.1 Orders placed on the Site are shipped from France to destinations across the European Union and beyond. We will use our reasonable endeavours to deliver the Product(s) within the times indicated during the Order process; however, these are estimates and not guaranteed. We will not be held liable for late delivery of Product(s) caused by our couriers or an Event Outside Our Control.
8.2 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Product(s) and your address. The cost of delivery will be quoted to you during the Order process.
8.3 In accordance with Article 18 of Directive 2011/83/EU (Consumer Rights Directive) as transposed in your country of habitual residence, if the Product(s) have not been delivered within thirty (30) days following the date of the Order, for any reason other than force majeure or your own actions, you may rescind the contract by written notice. In such case, sums paid by you will be refunded no later than fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding.
8.4 We shall attempt to deliver the Product(s) to the address you specify for delivery and you are responsible for ensuring that the address you supply to us is accurate. We will require a signature upon delivery for all Orders. Please note we do not ship to PO Box addresses.
8.5 For Orders being shipped to the EU, UK, US and UAE, all import duties and taxes have been included in the final price. Please note that we will not be held liable for any duties and/or administration charges incurred by your parcel being delivered overseas elsewhere.
8.6 Delivery of an Order shall be deemed to have occurred upon physical delivery of the Product(s) to you. In accordance with Article 20 of Directive 2011/83/EU (Consumer Rights Directive), risk in the Product(s) will pass to you upon physical possession.
8.7 You are required to check the condition of the Product(s) upon delivery. If a Product is defective or non-conforming, you must follow the procedure set out in clause 9.
9. Statutory legal guarantees and faulty Products
9.1 Faulty Products are Products that are defective or damaged at the time of purchase, or at the time of delivery to you.
9.2 Please note that as each item is uniquely created, there may be slight variations in form and material. You acknowledge that fine and/or precious jewellery is to be treated as such and should not be worn when undergoing heavy labour, going to the gym, or any other activity with likened force or stress on the Product(s). We reserve the right to reject requested refunds for items which have been damaged in any of these circumstances.
9.3 Legal guarantee of conformity
All Product(s) sold by us benefit from the legal guarantee of conformity provided for in Directive (EU) 2019/771 on the sale of goods, as transposed into the national law of your country of habitual residence. The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Product is considered to conform to the contract if, in particular, it:
corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
is fit for any specific purpose sought by you, made known to the seller no later than at the time of conclusion of the contract and accepted by us;
is delivered with all the accessories and instructions for installation, to be provided in accordance with the contract; and
is updated in accordance with the contract.
The legal guarantee of conformity is subject to a minimum limitation period of two (2) years from delivery of the Product under Directive (EU) 2019/771. Certain Member States provide for longer or additional protections (for example: France maintains a separate guarantee against hidden defects (vices cachés) under Articles 1641 et seq. of the French Civil Code, with a 2-year discovery period; Spain provides a 3-year statutory guarantee; the burden of proof rules vary across Member States). Where the law of your country of habitual residence provides a longer or more protective regime, that regime will apply to you to the extent it cannot be derogated from by agreement (see clause 19.7).
9.4 How to make a claim
Should you receive Product(s) that are defective, damaged or otherwise non-conforming when delivered to you, please contact us as soon as possible at [email protected]. Our team will help you resolve any such issues as quickly as possible by, for example, repairing the faulty Product, replacing your Order (or the faulty part in question) free of charge, or, where required by applicable law, refunding to you the price of the Product(s) (or a proportionate part of the price). Please note that before we are able to process the refund or replacement, you will be required to return the faulty Product(s) to us by post, but we will cover the cost of this.
Nothing in these Terms affects your statutory rights as a consumer under EU law or the national consumer protection laws of your country of habitual residence.
10. Seller’s commercial guarantee of Product(s)
10.1 In addition to (and without prejudice to) the statutory legal guarantees set out in clause 9, we provide a commercial guarantee that, on delivery and for a period of 12 (twelve) months from delivery, the Product(s) shall be free from manufacturing defects, and we will repair any such defects free of charge. This commercial guarantee does not apply in the circumstances described in clause 10.4.
10.2 We will replace any lost stones of up to 0.15ct once, free of charge.
10.3 We only perform repairs on our own Product(s).
10.4 This commercial guarantee does not apply to any defect in the Product(s) arising from failure to obtain repairs or maintain the integrity of your piece, including but not limited to:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
failure to exercise reasonable care in using the Product(s);
any alteration or repair by you or by a third party who is not one of our authorised repairers; and
any specification provided by you, including in respect of Bespoke Products and Redesigned Products.
10.5 This commercial guarantee is in addition to, and does not affect, your statutory rights in relation to Product(s) that are faulty or not as described.
10.6 It is important to recognise that no repair or redesign is without risk. There is always a risk that damage may occur during repair or remaking. In such cases, we cannot be held liable for a replacement. Please bear this in mind when using stones with substantial sentimental value in Redesigned Products.
10.7 Precious stones are particularly vulnerable during some repairs, especially re-setting, re-clawing or re-tipping. While we will always endeavour to re-polish any damaged stones, it must be understood that stones may become smaller during the re-cutting or polishing process. It is impossible to add material to a gemstone, so any damage must be removed.
10.8 We are not responsible for damage to items before the Product(s) were in our possession, or for any sentimental or other unknown value of the items. We strongly advise that you maintain adequate insurance for your jewellery while it is in our possession.
10.9 We will not be liable for loss of or damage to any item left for repair which you do not reclaim within 6 (six) calendar months, or for the receipt for the item if it has been lost or cannot be produced.
10.10 As far as we are aware, any mined diamonds used in our Products have been purchased from legitimate sources not involved in funding conflict in compliance with United Nations resolutions. We guarantee that the diamonds in our Products are conflict-free, based on personal knowledge and/or written guarantees provided by our suppliers. We will not knowingly sell conflict diamonds. Please note that no guarantees can be made regarding Products originating from prior to the 2003 establishment of the Kimberley Process Certification scheme. All diamonds are of natural origin and free from treatment unless otherwise stated on our invoice to you and explained to you by us in advance. We typically provide certification documents for diamonds above 0.5ct.
11. Price and payment
11.1 The prices of Product(s) offered for sale on the Website are indicated in euros and are exclusive of delivery costs. The amount of these costs is specified in your shopping cart before validation of the Order. The price displayed on the Website on the day of the Order is the only one applicable to you.
11.2 Where VAT is applicable, the price includes such VAT. The amount of VAT may vary according to the country of destination of the Order, in accordance with the EU One-Stop-Shop (OSS) regime.
11.3 Our Product prices and availability on our Website are subject to change at our sole discretion. If a Product is no longer available because it is out of stock, inaccurately represented, or it was not updated at the time of your Order in our system, we will notify you accordingly and where applicable offer a similar Product. Price changes will not affect Orders that we have already confirmed.
11.4 The price of Bespoke Product(s) and Redesigned Product(s) will be as agreed with you and as invoiced to you.
11.5 Financing options may be available to you through Alma for EU purchases. The credit service provided by Alma is offered for the settlement of purchases and payment, subject to your acceptance of the terms of the payment in instalments or deferred payment contract. Fees may be charged by Alma. Any refusal by Alma to grant the payment in instalments or deferred payment may result in the cancellation of the purchase contract for goods or services (“GTC”), unless you agree to pay the full amount upfront. In the event of termination of the GTC, the payment in instalments or deferred payment contract will be automatically terminated. See https://help.almapay.com/ for Alma’s applicable terms.
11.6 We may also be able to offer payment plans on a case-by-case basis. Please speak to a member of our team for more information.
11.7 We accept payment by credit or debit card from major providers (Visa, Mastercard, American Express, Bancontact, UnionPay, SEPA, iDEAL), as well as via PayPal, Klarna and Alma. Payment must be received in full prior to release of any Product(s). By making payment by any of the foregoing methods, you represent and warrant that you have full right and authority to make such purchase in the manner elected without violating any applicable law, rule or regulation. In the event of card payment, the debit is made at the time of dispatch of the Order. If your bank refuses the payment, the Order will be automatically cancelled.
11.8 You will be responsible for the prices stated at the time of your Order, as well as any: (i) statutory value-added taxes; and (ii) delivery charges.
12. Our liability to you
12.1 If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability which cannot be excluded or limited under EU law or the mandatory consumer protection laws of your country of habitual residence; or (d) gross negligence or wilful misconduct.
12.3 Subject to clause 12.2, our total liability to you in connection with any claim or series of connected claims under these Terms shall not exceed the value of the Product(s) to which the claim relates.
12.4 We only supply the Product(s) for domestic and private use. If you use the Product(s) for any commercial, business or re-sale purpose, subject to clause 12.2, we have no liability to you for any: (a) loss of profit; (b) loss of business, goodwill or reputation; (c) loss of data or revenue; (d) business interruption; or (e) loss of business opportunity or loss of savings, whether in contract, tort or otherwise arising out of, or in connection with, these Terms.
12.5 We cannot be held liable for any Product that has been repaired or modified by a third party who is not one of our authorised repairers.
13. Events Outside Our Control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including, without limitation: strikes, lock-outs or other industrial action by third parties; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of using rail, sea, air, road or other public or private transport; failure of public or private telecommunications networks; acts, decrees, legislation, regulations or restrictions of any government (including administrative closure of stores); failures or accidents of maritime, postal or other transport.
13.3 If an Event Outside Our Control takes place, such as delays to delivery of Product(s) you have ordered from us, and affects the performance of our obligations under these Terms: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
13.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Product(s). Please see your cancellation rights under clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 (two) calendar weeks in accordance with our cancellation rights in clause 15.
13.5 We may have to suspend our provision of our services or supply of a Product to: (a) deal with technical problems or make minor technical changes; (b) update the Product or services to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Product or services.
14. Right of withdrawal, returns and refunds
14.1 In accordance with Articles 9 to 16 of Directive 2011/83/EU (the Consumer Rights Directive) as transposed in your country of habitual residence, you have a period of fourteen (14) days from the day on which you (or a third party other than the carrier indicated by you) acquire physical possession of the Product(s) to notify us of your wish to exercise your right of withdrawal, without giving any reason. Our policy below is in addition to any legal rights you may have.
14.2 How to exercise your right of withdrawal
You may exercise your right of withdrawal by sending us, before the expiry of the 14-day period, an unequivocal statement of your decision to withdraw from the contract. You may do so by emailing [email protected] with your Order number and reason for return, or by using the model withdrawal form set out below.
— Model Withdrawal Form —
(Please complete and return this form only if you wish to withdraw from the contract.)
To: Kimaï Ltd (Belgian branch), Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium — [email protected]
I/we [*] hereby give notice that I/we [*] withdraw from my/our [*] contract of sale of the following goods [*]:
Ordered on [*] / received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate.
14.3 Conditions for return
The Product(s) you wish to return must be new — the labels of the article must not have been cut — unworn, unsoiled and returned in their original packaging, accompanied by all accessories and documents provided including the certificate of authenticity. If the return is a gift card, it must not have been used. If we find that a return is non-compliant, our Customer Service will contact you to inform you that your Product has been reshipped to you.
14.4 Exceptions to the right of withdrawal
In accordance with Article 16(c) of Directive 2011/83/EU, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised. This includes, by way of indicative example:
Rings, pendants or bracelets on which an engraving has been carried out;
Rings on which a resizing has been carried out;
Bracelets or necklaces whose length has been modified;
Watch straps whose length has been modified (whether by removing links for steel or gold bracelets, or by cutting for rubber bracelets);
Any other Bespoke Product or Redesigned Product made to your specifications.
Given their clearly personalised nature according to your specifications, such items cannot be returned, refunded under the right of withdrawal or exchanged. Notwithstanding the foregoing, you continue to benefit from the statutory guarantees set out in clause 9. In addition, in accordance with Article 16(e) of Directive 2011/83/EU, for hygiene reasons, we also cannot exchange or refund earrings which have been unsealed after delivery, unless they are defective or faulty.
14.5 Refunds
Once you have notified us of your decision to withdraw, you have a further period of fourteen (14) days to return the Product(s) to us. We will reimburse you for the full amount of your Order, including the standard delivery charges, but excluding the additional costs of any non-standard delivery option you may have chosen. Reimbursement will be made within fourteen (14) days from receipt of the returned Product(s) by our logistics service, or, failing that, from the date you provide evidence of dispatch of the returned Product(s). During promotional periods, processing times may be extended by a few days.
Reimbursement will be made using the same means of payment as you used for the original transaction, unless we expressly agree otherwise; in any event, the reimbursement will not result in any costs for you. However, in accordance with Article 14(1) of Directive 2011/83/EU, the cost of returning the Product(s) to us shall be borne by you.
Reimbursement is subject to the Product(s) being returned in their original condition. Any abnormal wear and tear, deterioration, deep scratch or breakage resulting from inappropriate use or lack of maintenance may be considered an alteration of the original condition. We assume no responsibility for reimbursement or compensation in the event of loss, theft or mishandling of return parcels.
14.6 Repair and engraving services
If we are providing repair or engraving services, you cannot cancel your Order if we have already started the work. If the services were requested through our Website and you have expressly told us to begin these services during the 14-day withdrawal period, you will not have the right to cancel if these services have been fully performed. In this situation, if you choose to cancel the contract before the services have been fully performed, you must pay for the services that were provided up to the date of cancellation.
15. Our right to cancel and applicable refund
15.1 We may end the contract with you at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, measurements, delivery requirements and dates for delivery; or
you do not, within a reasonable time, allow us to deliver the Product(s).
15.2 If we end the contract in the situations set out in clause 15.1, we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.3 We may write to you to let you know that we are going to stop providing the Product(s). We will let you know at least 7 (seven) days in advance of our stopping the supply of the Product(s) and will refund any sums you have paid in advance for Product(s) which will not be provided.
15.4 We may have to cancel an Order before the Product(s) are delivered due to an Event Outside Our Control or the unavailability of stock. If this happens: (a) we will promptly contact you to let you know; (b) if you have made any payment in advance for Product(s) that have not been delivered to you, we will refund these amounts to you; (c) except where we have already started work on your Order by the time we have to cancel, and except for Bespoke Product(s), Redesigned Product(s) and Engraved Product(s), we will not charge you anything and you will not have to make any payment to us.
16. Personal data
We process your personal data with the utmost care and confidentiality, in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national data protection laws. For more information on the processing of your personal data, please consult our Privacy Policy and Cookie Policy.
17. Information about us and how to contact us
17.1 The Website is operated by Kimaï Ltd (company no. 11545199), a limited company registered in England and Wales whose registered office is at 24 Chiltern Street, London, England, W1U 7QE. Sales to consumers in the European Union and the European Economic Area are handled by our Belgian branch at Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium, BCE/KBO number 0745.388.877. Belgian VAT number: BE0745388877. Contact email: [email protected]. The Website is hosted by SHOPIFY INC., 151 O’Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada.
17.2 If you have any questions or complaints, please contact us at [email protected] or by post at Kimaï Ltd (Belgian branch), Rijfstraat 2, bus 171, 2018 Antwerpen, Belgium. We will confirm receipt of your enquiry. If we have to contact you, or give you notice in writing, we will do so by e-mail, by hand, or by post to the address you provided to us in the Order.
17.3 We are under a legal duty to supply Product(s) that are in conformity with this contract. Nothing in these Terms will affect your statutory legal rights as a consumer under EU law or under the mandatory consumer protection laws of your country of habitual residence. For information on your legal rights, you may consult the European Consumer Centre Network (ECC-Net) at https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en or your national consumer protection authority.
18. Amicable settlement, mediation and online dispute resolution
18.1 In accordance with Directive 2013/11/EU on alternative dispute resolution for consumer disputes, you have the right to refer any dispute concerning the purchase of Product(s) to an out-of-court alternative dispute resolution (ADR) body. We invite you to contact us first at [email protected] with any complaint so that we may attempt to resolve it directly.
18.2 As our EU establishment is located in Belgium, the residual Belgian ADR body that may handle complaints is the Belgian Consumer Mediation Service (Service de médiation pour le consommateur / Consumentenombudsdienst), to which complaints may be submitted free of charge:
Belgian Consumer Mediation Service (Service de médiation pour le consommateur / Consumentenombudsdienst)
Boulevard du Roi Albert II 8 (Bte 1) / Koning Albert II-laan 8 (Bus 1)
1000 Brussels, Belgium
Website: https://mediationconsommateur.be / https://consumentenombudsdienst.be
Consumers resident in another EU Member State may also contact the consumer mediation body or consumer protection authority designated in their country of habitual residence, or the European Consumer Centre Network (ECC-Net) for cross-border assistance.
18.3 In addition, in accordance with Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution (ODR) platform that EU consumers may use to submit complaints arising from online purchases. The platform is accessible at:
https://ec.europa.eu/consumers/odr/
Our contact email for the ODR platform is [email protected].
19. Other important terms
19.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under the contract or the obligations owed to you under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person with our prior written consent.
19.3 These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 You must be at least 18 (eighteen) years of age and have full legal capacity to use the Website and place an Order.
19.7 Governing law
These Terms and any contract concluded under them are governed by English law. In accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I), this choice of law does not deprive you, as a consumer, of the protection afforded by the mandatory provisions of the law of your country of habitual residence within the European Union or European Economic Area.
19.8 Jurisdiction
Failing an amicable solution within a period of thirty (30) days from notification of the dispute by the most diligent party, any dispute relating to the contract may be submitted to the courts of England and Wales. The foregoing is without prejudice to your right, as a consumer habitually resident in the European Union, under Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels I bis), to bring proceedings against us before the courts of the Member State of your domicile, and to be sued by us only before those same courts. Equivalent protections apply for consumers domiciled in EEA EFTA States (Iceland, Liechtenstein, Norway) under the parallel Lugano Convention rules where applicable.