General Terms & Conditions
These terms govern all purchases and services provided by Diamantwerp. Please read them carefully before placing an order.
Table of Contents
- Company Information
- Definitions
- Applicability
- Products & Descriptions
- Prices & Payment
- Ordering Process
- Delivery & Risk Transfer
- Right of Withdrawal (Cooling-Off Period)
- Exceptions to the Right of Withdrawal
- Legal Guarantee & Conformity
- Certifications & Authenticity
- Limitation of Liability
- Intellectual Property
- Privacy & Data Protection
- Complaints & Dispute Resolution
- Applicable Law & Jurisdiction
- Amendments & Severability
1. Company Information
Company name: Diamantwerp
Legal form: Private limited liability company (Ltd.)
Registered commercial address: Pelikaanstraat 62, 2018 Antwerp, Belgium
VAT number: BE 0455.839.919
Phone: +32 479 38 45 38
Email: questions@diamantwerp.be
Website: www.diamantwerp.be
Diamantwerp is a family-run certified diamond dealer established in 1987, operating from the heart of the Antwerp Diamond District. We specialise exclusively in loose, certified natural diamonds.
Back to contents2. Definitions
In these General Terms & Conditions, the following terms shall have the meanings ascribed to them below:
- "Seller", "We", "Us", "Our": Diamantwerp, as identified in Article 1.
- "Buyer", "Customer", "You", "Your": Any natural or legal person who places an order through our website, by email, by telephone, or in person at our premises.
- "Consumer": A natural person acting for purposes outside their trade, business, craft, or profession, as defined by Article I.1, 2° of the Belgian Code of Economic Law.
- "Professional Buyer": A natural or legal person acting within the scope of their trade, business, craft, or profession.
- "Order": A request by the Customer to purchase one or more Products from the Seller, constituting a binding offer once confirmed.
- "Product(s)": The loose natural diamonds and/or related goods offered for sale by Diamantwerp.
- "Agreement": The binding contract formed between Seller and Buyer upon the Seller's confirmation of the Order.
- "Website": www.diamantwerp.be, including all subpages and the integrated webshop.
- "Working Day": Any day that is not a Saturday, Sunday, or Belgian public holiday.
- "Certificate": The independent gemological grading report issued by GIA, HRD Antwerp, or IGI that accompanies each diamond.
3. Applicability
These General Terms & Conditions apply to every offer, quotation, order, and agreement between Diamantwerp and the Customer, regardless of the channel through which the transaction is initiated (website, email, telephone, or in person), unless expressly agreed otherwise in a separate written agreement signed by both parties.
By placing an order, the Customer confirms that they have read, understood, and accepted these terms in full. These terms are made available to the Customer prior to the conclusion of any agreement and can be saved, printed, and reproduced at any time via our Website.
Any general terms or conditions of the Customer are hereby expressly excluded and shall not apply, even if they have not been explicitly rejected.
If any provision of these terms is held invalid or unenforceable by a competent court, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that achieves the same commercial purpose as closely as legally permissible.
In the event of a conflict between these General Terms & Conditions and any specific written agreement between the Seller and the Customer, the specific written agreement shall prevail, but only to the extent of the conflict.
Back to contents4. Products & Descriptions
All products offered on our Website are described as accurately as reasonably possible, including diamond specifications such as carat weight, colour grade, clarity grade, cut grade, shape, and certification details. Product descriptions are based on the accompanying Certificate issued by an independent gemological laboratory.
Product images are indicative only. Photographs, videos, and other visual representations on the Website are intended to provide a general impression and may not reflect the exact visual appearance of the specific diamond being purchased. Natural diamonds are unique; minor variations in colour, inclusions, and light performance between the visual representation and the physical product do not constitute a defect or non-conformity.
The Certificate accompanying each diamond shall be considered the definitive and binding specification document. Any claim regarding the characteristics of a purchased diamond shall be assessed exclusively with reference to the Certificate, not to Website imagery or descriptions.
Diamantwerp reserves the right to modify, update, or discontinue any part of its product range at any time without prior notice. The display of a product on the Website does not constitute a binding offer and is subject to availability. Obvious errors or mistakes in product descriptions, pricing, or imagery — including typographical errors — shall not bind the Seller.
Back to contents5. Prices & Payment
5.1 Pricing
All prices displayed on the Website are in euros (€) and include VAT for consumers within Belgium, unless explicitly stated otherwise. For business-to-business (B2B) transactions or international orders, VAT may be excluded, reverse-charged, or adjusted in accordance with applicable tax regulations.
Delivery costs, insurance fees, or any other applicable charges are clearly communicated to the Customer before the order is finalised. The total price — including all applicable taxes, duties, and charges — is displayed at checkout before confirmation.
Diamantwerp reserves the right to adjust prices at any time and without prior notice. Price changes do not affect orders that have already been confirmed by the Seller. Diamond prices are subject to international market fluctuations and may change without notice.
5.2 Payment Methods
We accept the following payment methods:
- Bank transfer (SEPA): Payment must be received in full before the order is processed.
- Credit card: Visa, Mastercard — processed via a secure third-party payment provider.
- Cash payment at our showroom: Subject to Belgian legal limits on cash transactions.
Belgian law note: In accordance with Belgian anti-money laundering legislation, cash payments for goods are limited to €3,000 per transaction. Amounts exceeding this threshold must be paid via electronic or bank transfer. Diamantwerp is required to verify the identity of the Customer for transactions exceeding €10,000, in compliance with the Belgian Act of 18 September 2017.
5.3 Payment Terms
Payment is due in full prior to delivery, unless otherwise expressly agreed in writing. No Product shall be shipped, delivered, or released until full payment has been received and verified by Diamantwerp. Title to and ownership of the Product(s) shall not pass to the Customer until the Seller has received payment in full (retention of title).
In the event of late payment, Diamantwerp reserves the right to: (a) charge interest at the statutory rate as provided by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions; (b) claim reasonable recovery costs, including collection agency fees and legal costs; and (c) suspend or cancel the order without further obligation.
Back to contents6. Ordering Process
The ordering process on diamantwerp.be follows these steps:
- The Customer selects a Product and adds it to the shopping cart.
- The Customer reviews the order summary, including product details, quantity, and total price (with all applicable taxes and delivery costs).
- The Customer provides billing and shipping information and confirms the accuracy of all details provided.
- The Customer selects a payment method.
- The Customer reviews and accepts these General Terms & Conditions by ticking the designated checkbox.
- The Customer confirms the order by clicking the order button, which constitutes a binding and irrevocable offer to purchase, subject to the right of withdrawal as described in Article 8.
- The Customer receives an automated order acknowledgement via email. This acknowledgement does not constitute acceptance of the order by the Seller.
The Agreement is formed only upon the Seller's explicit confirmation of the order, sent via a separate confirmation email. Diamantwerp reserves the right to refuse or cancel any order — in whole or in part — in case of suspected fraud, pricing errors, product unavailability, failure to verify the Customer's identity (where required by law), or any other legitimate reason. In such cases, any amounts already paid will be refunded in full within 14 calendar days.
The Customer is solely responsible for the accuracy of all information provided during the ordering process, including but not limited to the shipping address, billing details, and contact information. Diamantwerp shall not be liable for any delay, loss, or additional cost resulting from incorrect information provided by the Customer.
Back to contents7. Delivery & Risk Transfer
7.1 Delivery Methods
Diamantwerp offers the following delivery options:
- Insured courier delivery: Via a specialised, insured courier service. Delivery times and costs are communicated at checkout and in the order confirmation.
- Personal collection: At our showroom, Pelikaanstraat 62, 2018 Antwerp, by prior appointment only. The Customer must present valid photo identification upon collection.
7.2 Delivery Times
Estimated delivery times are communicated during the ordering process and in the order confirmation email. These are indicative only and do not constitute binding commitments. Unless otherwise agreed, delivery shall take place within 30 calendar days of order confirmation, in accordance with Article VI.43 of the Belgian Code of Economic Law.
If Diamantwerp is unable to deliver within the agreed timeframe, we shall notify the Customer without undue delay and offer the option of: (a) a revised delivery date; or (b) cancellation of the order and a full refund. Any revised delivery date must be reasonable. If the Seller fails to deliver within the revised period, the Customer may cancel the order without penalty.
7.3 Risk Transfer
For Consumers: the risk of loss or damage to the Product passes to the Customer upon physical receipt of the goods by the Customer or a third party designated by the Customer (other than the carrier), in accordance with Article VI.44 of the Belgian Code of Economic Law.
For Professional Buyers: the risk of loss or damage passes to the Customer upon handover of the Product to the first carrier, unless otherwise agreed in writing.
All shipments are fully insured for the declared value of the diamond(s) during transit. Once the Customer (or designated third party) has signed for receipt, all risk — including loss, theft, and damage — passes irrevocably to the Customer.
7.4 Delivery Area & Customs
Diamantwerp delivers within Belgium, the European Union, and selected international destinations. Delivery options and costs may vary by destination.
For deliveries outside the European Union, the Customer is solely responsible for all import duties, customs taxes, and any other levies imposed by the destination country. These charges are not included in the purchase price and are the Customer's exclusive responsibility.
Back to contents8. Right of Withdrawal (Cooling-Off Period)
Consumer right: As a Consumer, you have the right to withdraw from a distance sale within 14 calendar days, without providing any reason and without incurring penalties other than those specified below, in accordance with Articles VI.47 to VI.53 of the Belgian Code of Economic Law and EU Directive 2011/83/EU.
8.1 Withdrawal Period
The withdrawal period of 14 calendar days begins the day after the Consumer (or a third party designated by the Consumer, other than the carrier) takes physical possession of the goods.
This right of withdrawal applies exclusively to Consumers as defined in Article 2. Professional Buyers do not benefit from this right.
8.2 How to Exercise the Right
To exercise the right of withdrawal, the Customer must inform Diamantwerp by means of an unambiguous written statement before the withdrawal period expires. This can be done by:
- Email to: questions@diamantwerp.be
- Registered letter to: Diamantwerp, Pelikaanstraat 62, 2018 Antwerp, Belgium
- Using the model withdrawal form (available upon request or downloadable from our Website)
Timely dispatch of the withdrawal notification is sufficient — the Customer is not required to have returned the goods before the withdrawal period expires. The burden of proof that the right of withdrawal was exercised in time rests with the Customer.
8.3 Return Conditions
The Customer must return the Product(s) to Diamantwerp without undue delay and in any event no later than 14 calendar days after communicating the withdrawal. The Product must be returned:
- In its original, unopened, and undamaged condition
- With all original certifications (GIA, HRD, IGI) included
- In the original packaging, with all security seals intact
- With no signs of wear, use, or alteration beyond what is strictly necessary to examine the nature and characteristics of the product
The Customer bears the direct cost of returning the goods. Given the high value of our Products, we strongly recommend and may require the use of an insured and traceable shipping method. Diamantwerp shall not be liable for Products lost, stolen, or damaged during return transit if the Customer fails to use an insured shipping method.
8.4 Inspection & Diminished Value
Upon receipt of the returned Product, Diamantwerp reserves the right to conduct a thorough inspection by a qualified gemologist to verify the identity, condition, and integrity of the diamond against the original Certificate. This inspection may take up to 5 working days.
If the returned Product shows signs of use, damage, tampering, or handling beyond what is strictly necessary to establish the nature, characteristics, and functioning of the product, Diamantwerp may reduce the refund amount proportionally to reflect the diminished value, in accordance with Article VI.51 §3 of the Belgian Code of Economic Law. The Customer shall be informed of any deduction in writing.
8.5 Refund
If the return is accepted, Diamantwerp will reimburse all payments received from the Customer, including standard delivery costs (but not supplementary delivery costs if the Customer chose a more expensive delivery method than the standard option), without undue delay and in any event within 14 calendar days of receiving the returned Product or proof that it has been dispatched, whichever is earlier.
Diamantwerp may withhold the refund until the Product has been received and inspected.
The refund is made using the same payment method as the original transaction, unless the Customer expressly agrees otherwise. No additional charges are applied for the refund.
For full details on our return procedures, please refer to our Refund & Return Policy.
Back to contents9. Exceptions to the Right of Withdrawal
In accordance with Article VI.53 of the Belgian Code of Economic Law, the right of withdrawal shall not apply to:
- Products that are custom-made or clearly personalised to the Customer's specifications (e.g., custom-cut diamonds, bespoke settings, or engraved products).
- Products whose price is dependent on fluctuations in the financial market that the Seller cannot control and which may occur within the withdrawal period.
- Sealed products that have been unsealed after delivery and cannot be returned for reasons of security or authenticity verification.
If any exception applies, this will be clearly and unambiguously communicated to the Customer during the ordering process, before the order is confirmed. The Customer acknowledges that clicking the order button in such cases constitutes acceptance that the right of withdrawal does not apply.
Back to contents10. Legal Guarantee & Conformity
10.1 Legal Guarantee
In accordance with Articles 1649bis to 1649octies of the Belgian Civil Code and EU Directive 2019/771 on the sale of goods, the Consumer benefits from a legal guarantee of conformity for a minimum period of two years from the date of delivery.
This means Diamantwerp guarantees that the diamond delivered corresponds to the description, quality, and specifications as stated in the order confirmation and the accompanying Certificate.
10.2 Non-Conformity
If the delivered Product does not conform to the Agreement, the Customer must notify Diamantwerp as soon as reasonably possible after discovering the defect, and in any event within two months of discovery. Failure to notify within this period may affect the Customer's right to invoke the guarantee.
For defects that become apparent within one year of delivery, it is presumed that the lack of conformity existed at the time of delivery (reversal of burden of proof), unless the nature of the goods or the defect is incompatible with this presumption.
The Customer may request, in the following order of priority:
- Repair or replacement of the Product (where possible and proportionate)
- A proportionate reduction in price
- Termination of the Agreement and a full refund
Diamantwerp will respond to any conformity claim within 10 working days and will cover all reasonable costs associated with a justified return, replacement, or refund.
10.3 Exclusions
The legal guarantee does not cover:
- Defects, damage, or deterioration caused by misuse, negligence, improper storage, or failure to follow care instructions
- External damage caused by accidents, impacts, or exposure to chemicals, extreme temperatures, or other harmful substances
- Normal wear and tear
- Modifications, alterations, or repairs made by the Customer or any third party not authorised by Diamantwerp
- Defects that were known to or should reasonably have been noticed by the Customer at the time of purchase
For Professional Buyers, the legal guarantee is limited to the mandatory minimum under Belgian law. All implied warranties not required by law are expressly excluded to the maximum extent permitted.
Back to contents11. Certifications & Authenticity
Every diamond sold by Diamantwerp is accompanied by an independent grading Certificate from one or more of the following internationally recognised gemological laboratories:
- GIA — Gemological Institute of America
- HRD Antwerp — Hoge Raad voor Diamant
- IGI — International Gemological Institute
The Certificate provides an objective assessment of the diamond's characteristics (carat, colour, clarity, cut) and serves as proof of authenticity and as the definitive specification of the Product.
We guarantee that all diamonds sold are 100% natural and conflict-free, in full accordance with the Kimberley Process Certification Scheme and the World Diamond Council's System of Warranties.
The Certificate is an integral part of the delivered Product. Diamantwerp does not accept returns of diamonds that are not accompanied by the original, unaltered Certificate. Any claim regarding the conformity or characteristics of a diamond will be assessed exclusively with reference to the accompanying Certificate.
Disclaimer: Grading by GIA, HRD, or IGI is conducted by those respective organisations. While these laboratories are internationally recognised and highly reputable, grading involves expert human assessment and minor variations between laboratories or between evaluations are inherent to the process. Diamantwerp does not guarantee any specific grading outcome by a laboratory other than the one that issued the original Certificate.
Back to contents12. Limitation of Liability
Diamantwerp is liable for damages resulting from a failure to fulfil its contractual obligations, in accordance with Belgian law and subject to the limitations set out in this article.
12.1 Maximum Liability
Without prejudice to mandatory legal provisions, Diamantwerp's total aggregate liability for any and all claims arising from or in connection with an order — whether based on contract, tort (including negligence), strict liability, or any other legal theory — shall not exceed the purchase price actually paid by the Customer for the specific Product(s) giving rise to the claim.
12.2 Exclusion of Indirect Damages
To the maximum extent permitted by law, Diamantwerp shall not be liable for any:
- Indirect, incidental, special, or consequential damages
- Loss of profit, revenue, business, or anticipated savings
- Loss of data or corruption of data
- Loss of goodwill or reputation
- Emotional distress or non-material damages (except where mandatory under Belgian law)
- Damages arising from the Customer's inability to use or resell the Product
12.3 Specific Exclusions
Diamantwerp is not liable for:
- Damage resulting from the Customer's failure to follow care, storage, or handling instructions
- Damage, loss, or theft of diamonds after risk transfer to the Customer (see Article 7.3)
- Any decrease in the market value of diamonds after purchase
- Errors or inaccuracies in information provided by the Customer (e.g., incorrect shipping address, incorrect personal details)
- Third-party actions, including but not limited to customs authorities, payment processors, and courier services
- Temporary unavailability or technical issues with the Website, provided reasonable efforts are made to resolve them
12.4 Force Majeure
Diamantwerp is not liable for any delay or failure in performance resulting from circumstances beyond its reasonable control (force majeure), including but not limited to: natural disasters, pandemics, epidemics, war, terrorism, civil unrest, strikes, lockouts, government actions or sanctions, trade embargoes, supply chain disruptions, carrier failures, cyberattacks, power failures, or any other event that could not reasonably have been foreseen or prevented.
In the event of force majeure, Diamantwerp shall notify the Customer as soon as practicable and shall be relieved of its obligations for the duration of the event. If the force majeure event continues for more than 60 calendar days, either party may terminate the Agreement in writing, and any amounts paid shall be refunded in full.
12.5 Consumer Rights
These limitations do not affect the Consumer's mandatory statutory rights under Belgian law, including the legal guarantee as described in Article 10 and the right of withdrawal as described in Article 8.
Back to contents13. Intellectual Property
All content on diamantwerp.be — including but not limited to text, photographs, graphics, logos, icons, videos, software, database compilations, and the overall design, structure, and look-and-feel of the Website — is the intellectual property of Diamantwerp or its licensors and is protected by Belgian and international copyright, trademark, database, and other intellectual property laws.
No part of this Website or its content may be reproduced, distributed, modified, reverse-engineered, publicly displayed, or used for any commercial purpose without the prior written consent of Diamantwerp.
The Customer is granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for personal, non-commercial purposes related to purchasing Products from Diamantwerp.
Any unauthorised use of Diamantwerp's intellectual property may result in legal action and a claim for damages.
Back to contents14. Privacy & Data Protection
Diamantwerp processes personal data in accordance with the General Data Protection Regulation (GDPR — EU Regulation 2016/679) and the Belgian Data Protection Act of 30 July 2018. We collect and process personal data solely for the purposes of: fulfilling orders, providing customer service, complying with legal obligations, and improving our services.
For full details on how we collect, use, store, share, and protect your personal data — including your rights as a data subject — please refer to our Privacy Policy.
To exercise your rights under GDPR (access, rectification, erasure, restriction, data portability, objection), please contact us at questions@diamantwerp.be. We will respond to verified requests within one month, as required by Article 12(3) GDPR.
Back to contents15. Complaints & Dispute Resolution
15.1 Complaints Procedure
If you have a complaint about a Product or our service, please contact us as soon as possible via one of the following channels:
- Email: questions@diamantwerp.be
- Phone: +32 479 38 45 38
- Post: Diamantwerp, Pelikaanstraat 62, 2018 Antwerp, Belgium
We aim to acknowledge your complaint within 2 working days and provide a substantive response or resolution within 10 working days. All complaints are handled with due care and in accordance with the Belgian Code of Economic Law.
15.2 Consumer Mediation Service
If we are unable to resolve your complaint to your satisfaction, you may — as a Consumer — submit it to the Belgian Consumer Mediation Service (Consumentenombudsdienst):
Consumentenombudsdienst
North Gate II, Koning Albert II-laan 8, 1000 Brussels
Website: consumentenombudsdienst.be
15.3 Online Dispute Resolution (ODR)
In accordance with EU Regulation 524/2013, Consumers may also submit complaints via the European Commission's Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr
While Diamantwerp is committed to resolving disputes amicably, submission to any mediation or ODR procedure shall not affect either party's right to bring proceedings before the competent courts as described in Article 16.
Back to contents16. Applicable Law & Jurisdiction
These General Terms & Conditions and any agreement between Diamantwerp and the Customer shall be governed by and construed in accordance with Belgian law, without regard to its conflict of law provisions.
Any disputes arising from or in connection with these terms, any order, or any agreement shall be submitted exclusively to the competent courts of Antwerp, Belgium.
The foregoing choice of jurisdiction does not affect the Consumer's right to bring proceedings in the courts of their place of domicile, nor does it affect the Consumer's right to invoke the protection of mandatory consumer protection provisions of their country of habitual residence, in accordance with EU Regulation 593/2008 (Rome I) and EU Regulation 1215/2012 (Brussels Ibis).
Back to contents17. Amendments & Severability
Diamantwerp reserves the right to amend these General Terms & Conditions at any time. Amendments take effect upon publication on the Website and do not affect orders already confirmed prior to the date of publication.
For material changes that significantly affect the Customer's rights or obligations, Diamantwerp shall endeavour to provide reasonable notice.
The most recent version of these terms is always available on our Website at diamantwerp.be/general-terms-and-conditions. The Customer is encouraged to review these terms periodically. Continued use of the Website or placement of an order after publication of amended terms constitutes acceptance of the amended terms.
If any provision of these General Terms & Conditions is found to be invalid, unlawful, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent and purpose of the original provision.
The date of the most recent revision is displayed at the top of this page.
Back to contents