Terms of Service

Terms and Conditions

Article 1 – Scope

1. The present webshop ("www.benaazir.com") is operated by Benaazir Mukherjee (as per the contact details provided in Article 2).
2. Throughout these terms and conditions, the terms "we", "us", and "our" refer to Benaazir.
3. Benaazir is the natural person providing the products available on the webshop to customers.
4. Throughout these terms and conditions, the term "you" and "your" refers to the customer.
5. The customer is a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Benaazir.
6. For any wholesale or B2B enquiries, please reach out to support@benaazir.com.

Article 2 – Benaazir contact details

Benaazir Mukherjee
Chaussee de Vleurgat 80
Box A2.2
Ixelles – 1050
Belgium
bm@benaazir.com
VAT number: BE 0803.714.581

Article 3 – Application

1. These terms and conditions apply to every offer from Benaazir made on the webshop, and to every distance contract concluded between you and Benaazir made through the webshop.

Article 4 – Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable you to make a proper assessment of the offer. Images used are to a reasonable extent a true representation of the products offered. All our products are handmade using natural materials. Minor variations in colour or size cannot be excluded due to the handmade nature of the products. Obvious mistakes or errors in the offer do not bind Benaazir.
3. Benaazir cannot guarantee that the colours of the products on the webshop reflect the actual colours of the product. The colours can be reflected in different ways depending on, for example, your computer screen settings, mobile screen settings, or graphic card.
4. Each offer contains sufficient information for it to be clear to you which rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded at the time you have received an electronic confirmation following the acceptance of the offer by you, and in compliance with the conditions set.
2. Benaazir has taken appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure online environment.

Article 6 – Right of withdrawal upon delivery of products

1. When purchasing products, you have the option of dissolving the contract without providing reasons for a period of fourteen (14) calendar days. This period begins on the day after receipt of the product by you or on your behalf.
2. During this period, you will handle the product and packaging with care. You must not have used the product other than to unpack or inspect it to the extent necessary to assess whether you wish to keep the product. If you exercise this right of withdrawal, you will return the product with all delivered accessories and in its original condition and packaging to Benaazir, in accordance with the instructions provided by Benaazir.
3. During the return, the risk of damage and / or loss of products rests with you until the moment of delivery to Benaazir.

Article 7 – Withdrawal costs

1. If you use your right of withdrawal, the costs of return are at your charge.
2. Benaazir will refund all payments received from you within 14 calendar days after the day on which Benaazir is informed of your decision to revoke the contract and the products have been returned to and received by us in their original state.
3. Benaazir will carry out the refund using the same means of payment as that used by you during the original transaction.
4. The additional costs resulting from your choice to opt for a method of delivery other than the cheapest standard delivery provided will not be refunded by us.
5. If a product delivered is damaged or different from the product ordered, Benaazir will pay for the cost of returning the product

Article 8 – Exclusion of the right of withdrawal

1. You do not have a right of withdrawal with respect to products that have been made specifically to your specifications or have been clearly personalized.

Article 9 – The price

1. The price of the product will be the applicable price on the day of the order.
2. All prices are indicated in € (euros) and are inclusive of VAT.
3. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to official changes in VAT rates.
4. Prices are not inclusive of delivery costs, which will be clearly and separately indicated at the time of checkout.
5. For sales outside the European Union, local customs duties and taxes applicable in your country are not shown in the price and are applicable as per regulations in the country of delivery. This is an additional cost to be borne by you.

Article 10 – Conformity and Guarantee

1. Benaazir guarantees that the products meet the specifications stated in the offer in accordance with Article 4, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or governmental regulations at the date of the conclusion of the agreement.

Article 11 – Delivery and implementation

1. The place of delivery shall be the delivery address that you have given to Benaazir.
2. Benaazir will execute accepted orders expeditiously, and at the latest within 14 calendar days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be carried out, you will receive notification of this no later than 14 calendar days after the order was placed. In that case, you have the right to dissolve the agreement free of charge. Please note that all our jewellery is meticulously handmade. To streamline our operations, we maintain a small, readily available inventory supplemented by an efficient pre-order system. As a result, certain jewellery pieces are crafted upon order placement, with a production lead time of up to 2 weeks. This approach ensures we minimize excess production and maintain our commitment to sustainability.
3. In case of dissolution in accordance with the previous paragraph, Benaazir will refund the amount paid by you as soon as possible, but at the latest within 14 calendar days after dissolution.

Article 12 – Payment

1. Payment is due upon placement of the order.
2. Benaazir accepts payments through Shopify Payments.

Article 13 – Intellectual property

1. All products, designs, brands, texts, commentary, works, illustrations, and images on the webshop are protected under copyright, trademark, rights, patent rights, image rights, and design rights. They are the whole and exclusive property of Benaazir.

Article 14 – Issues and disputes

1. We would be grateful if you could reach out to us at support@benaazir.comfor any queries, issues or complaints you may have, so that we can find a mutually agreeable and amicable solution.
2. Agreements between Benaazir and you, to which these terms and conditions apply, are exclusively governed by Belgian law and under the exclusive jurisdiction of the courts of Brussels.

Article 15 – Amendments to these terms and conditions

1. Any new products added to the webshop will also be subject to these terms and conditions.
2. You can review the most current version of these terms and conditions at any time on this page. Benaazir reserves the right to update, change, or replace any of these terms and conditions at any time, by posting updates and or changes to the webshop. It is your responsibility to check this page periodically for changes.