1. Introduction
“Unsaid” www.unsaid.com (hereinafter referred as “UNSAID”) is the brand created, owned and operated by Walking Tree EU BV “the Company” as its retail division in Antwerp, Belgium.
The Company is established and registered in Belgium having its registered office at De Burburestraat 20, Box No. 122, Off No. 328 2018 Antwerp, Belgium and EU VAT 0561987613.
It is the brand which is created to understand diverse human emotions and aims to bridge the gap between jewelry and emotions. UNSAID provides a platform wherein potential buyers can purchase metal wearables to express their emotions for their loved ones.
2. GENERAL TERMS & CONDITIONS
These general e-selling terms and conditions (the “General Terms and Conditions”) are applicable to all sales of UNSAID articles made via www.unsaid.com (the “Online Store/Website”), The purpose is, first, to provide any potential buyer with information on the terms and conditions under which UNSAID moves forward with the sale and delivery of the ordered articles, and, second, to define the rights and obligations of the Parties in the sale by UNSAID of articles to the consumer (the “Buyer”).
On entering into the website, the Buyer acknowledges having read these General Terms and Conditions prior to placing the order (the “Order”) without any restriction, where such acceptance is in no way conditional on a handwritten signature by the Buyer.
UNSAID reserves the right to amend these General Terms and Conditions at any time without serving any prior notice to any customer. However, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.We invite you to check the latest version of the Terms and Conditions before placing an order. If you order products after we post changes to these Terms and Conditions, you confirm your acceptance with the new terms.
By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
3. ORDERS
We currently accept worlwide orders except for China and United States.
All European countries, UK, and Canada are shipped to on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties will be included in the product price
The rest of the world is DDU (Delivery Duty Unpaid) destinations: All product prices displayed for DDU destinations are exclusive of all taxes and duties. As the recipient, please be aware that you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these is necessary to release your order from customs on arrival.
Any Order entails acceptance of these General Terms and Conditions, the “Privacy” Statement and the “Cookies” Statement, without prejudice to any specific contractual terms and conditions agreed by and between the Parties.
Orders can be placed via the Internet through the Website (www.unsaid.com) or the Buyer may visit the Unsaid Store at :
De Burburestraat 20, 2000 Antwerpen, Belgium.
Online Orders: The Order is made by selecting an article that the Buyer would like to purchase and adding it to the basket by clicking on the corresponding “Add to basket” button via the product page. For rings and bracelets, the Buyer selects the desired size before clicking on “Add to basket”.
As soon as the Buyer has selected all the articles that they would like to purchase, they must confirm the content of the basket and place the order. Successive pages then summarize the details of the desired articles and their price, the terms of delivery and the payment method that the Buyer should select.
The Buyer can hold a customer account or a guest account, to that end, must provide accurate details as to their identity, contact details, and a valid email address and password. When the Buyer has registered their account via the Website, they will receive an email enabling them to access their account via the Website and to create a permanent login to their account and a password.
From time to time, UNSAID may modify the information needed to place a new order or to register accounts. These modifications shall be published on the Website.
If the information disclosed by the Buyer via the Website changes, the Buyer shall log in to their account and update such information directly via the Website. Moreover, if UNSAID has reasons to suspect that a third party has tampered with a Buyer’s registration, their password and/or account login, UNSAID will immediately cancel and terminate this account and notify the Buyer of the termination by email, telephone or any other modes of communication.
Before giving final confirmation of their Order, the Buyer will have the opportunity to verify the details of their Order and its total price and to correct any potential mistakes, before then confirming acceptance. N.B.: any Order placed entails a payment obligation. In order to give final confirmation of an Order, the Buyer must click on “Proceed to payment”. Once the Buyer has confirmed their Order, UNSAID will confirm receipt via email. Once the payment has been confirmed and duly made, an order confirmation (the “Order Confirmation”) shall be sent via email. This Order Confirmation will indicate the total Order amount, the essential characteristics, quantity and price of the purchased articles and shall include these General Terms and Conditions of Sale, in addition to the invoice corresponding to the purchase.
This Confirmation constitutes acceptance of the Buyer's Order by UNSAID, thereby indicating the existence of a binding sales contract.
UNSAID advises the Buyer to keep an electronic copy of this Confirmation. If these emails are not received, the Buyer is advised to check whether they are in a spam folder. The Buyer should note that emails are sent to the email address provided by the Buyer. In addition, UNSAID cannot be held liable for any error made when entering the relevant email address, or if the message confirming that the Order has been dispatched is not received.
4. REFUSAL OF ORDERS
Please note that purchases made via the Website are reserved for non-professional private customers for their own personal use or as gifts to loved ones, which is why UNSAID only sells its articles in quantities that correspond to the usual average needs of one household. UNSAID reserves the right to refuse or cancel on legitimate grounds any Order in which the number of articles or the amount to be paid (for one or more combined Orders) appears not to correspond to the usual average use of one household, any Order that might suggest that commercial activity is being carried out by the Buyer in relation to the articles ordered or, more generally, any Order that appears unusual pursuant to the case law precedent applicable to such cases.
Finally, UNSAID reserves the right to suspend or cancel the fulfillment of any Order and/or delivery, of any kind whatsoever and at any stage in the process, in the event of non-payment or partial payment of any amount owed by the Buyer, in case of a payment incident, or in the event of fraud or attempted fraud in relation to the use of the UNSAID Website, including in the context of previous Orders.
5. SCOPE OF ARTICLES
UNSAID products are made of recycled precious metals : 18 karat recycled gold and 925 Sterling Silver.
Diamonds / Stones: All the diamonds sold by UNSAID are lab-grown diamonds. Additional gemstone used in the jewelry like Rubies are also lab-grown.
Any description and information concerning the weight of precious materials and the number of stones and carats are provided for information purposes only and may vary slightly depending on the size selected.
Despite the great care taken by UNSAID in the presentation of its articles in the Online Store, UNSAID cannot guarantee that the actual appearance corresponds exactly to what appears on screen. In particular, color variations may occur due to the technical limitations of digital color reproduction. UNSAID cannot be held liable for non-substantive errors that may occur.
For any queries relating to the articles and their use, any additional questions or requests for advice, the Buyer may contact UNSAID advisory team by contacting the customer service department as described in the “Contact” section of the Website.
6. CUSTOMIZATION
A personalization service (for example: engraving) may be offered to the Buyer on a selection of articles.
UNSAID reserves the right to refuse any order of personalized articles containing inappropriate, illegal language or comments contrary to UNSAID brand image. It is the responsibility of the Purchaser to ensure the accuracy of any mention it will provide.
Orders for personalized items are non - cancellable and items that have been personalized cannot be exchanged, returned or refunded.
7. CERTIFICATION
All articles sold on www.unsaid.com platform shall carry certificate of authentication by UNSAID. All single diamond over the size of 0.30 carats will carry a IGI diamond certificate.
8. PRICING POLICY
All prices are stated in Euro, GBP and USD and are subject to change, at any time and without notice. UNSAID reserves the right to change prices without prior notice to any Buyer at any time. All applicable taxes are included in the final price shown at the time of “Checkout”.
UNSAID carries out checks on a regular basis to ensure that the prices charged are correct. However, certain prices may be impacted by an error. If UNSAID notes that an error has been made in relation to the price of the Order, the Buyer will be informed as soon as possible. UNSAID reserves the right to cancel any Order relating to an article for which an error in pricing has been made. If payment has already been made for the Order, the Buyer will receive a refund corresponding to the amount paid and, if applicable, if the Order has been delivered, this must be returned to UNSAID.
The actual amount of VAT corresponding to the Buyer's Order will be shown separately in the invoice. If changes are made to the legislation in force between the date on which the Order is placed and the date an Order Confirmation is received, such changes may result in changes to the amount of sales tax corresponding to the Buyer’s Order. If this results in an increase in the sales tax for which the Buyer is liable, UNSAID will contact the Buyer and ask them to re-confirm their Order.
9. PAYMENT TERMS
Payment for Orders can be made by:
10. EXCHANGE / RETURN / REPLACEMENT POLICY
The Buyer may refuse to accept the package if the packaging is tampered with or damaged before delivery, and return the package to the delivery person and contact our customer support mentioning your Order ID. In case the product delivered is defective, the Buyer must intimate UNSAID not later than fourteen (14) days from the time of delivery of the product of each product. On Satisfactory return of the defective product, a replacement will be dispatched to the Buyer with at no additional cost. The Buyer needs to ensure that the original product tag and packing is intact along when the Buyer sends the product back to UNSAID. Shipping charges for replacement will be borne by UNSAID in such cases. Returned products must be new, unused and in the original box and/or packaging.
Buyer who transact only may exercise their right of withdrawal, without obligation to provide reasons for their decision apart from manufacturing defect as stated aforesaid, up to fourteen (14) days after receipt of the Order in question. If the Buyer has ordered several articles in a single Order, or if the articles have been delivered in several batches, the withdrawal period commences only when the Buyer, or any third party designated by the Buyer other than the carrier, takes physical possession of the final article or of the final part of the delivery. The product along side the original product tag and packing needs to be returned in perfect condition, without any alteration/modification and in its original (inner and outer) packaging. It must not be counterfeit, personalized or altered in any way. All returns and exchanges are subject to a quality inspection process before they are accepted.
In order to successfully return a product, customers need to go to the Order History after signing in with their credentials on the website and follow the instructions stated therein. Upon submission of return request, the customer shall receive a confirmation via Email/SMS on his/her registered email address/mobile no. with us along with status tracking details. The customer shall be notified whether the return request is acceptable or not. If the order is returnable, the customer shall be sent approval notification and will be shared pick-up schedule slots for his/her convenience. Usually an order is picked-up within 3-4 business days of approval notification. Once the order reaches back to our warehouse, the order is checked and approved and thereby the refund process gets initiated. Refund of order is usually settled within 7-10 business days of receipt of returned order. The customer can view the status of its request till the refund is settled. In case the order is not approved for return, UNSAID shall mention the reasons for the same and notify the customer. The decision to approve or reject return of any product(s) shall vest with UNSAID.
If the purchase was made from UNSAID Store/boutique, customers may also exchange the product at the nearest Store/boutique, by bringing a copy of the invoice. Customers may exchange their product for an identical product or for any other product(s) of the same value or more.
For instore purchases no refund shall be initiated in any case (except in case of manufacturing defect in the product delivered), up to seven (7) days after receipt of the Order. In the case of return of product delivered, a credit note shall be issued to Buyer if they wish to postpone the purchase to a later date. Credit notes may also be issued if a customer has exchanged a product for a different product of lower value. Credit notes may be redeemed on our website and in stores within the same country of purchase. There will be no cash back given. Credit notes are valid for one year only from the date of issue. They are non-transferable. A credit note cannot be given for an amount less than Euro 50. They will be issued if the product is defected but will not be issued if an item is personalized.
No complaints or grievances with respect to the end product delivered shall be entertained after 30 days from the date mentioned on the invoice.
11.SHIPMENT
Shipping time is confirmed once the order is placed. All deliveries will be made through DHL courier service.
The Buyer will receive tracking details via email and/or on his/her mobile number and he/she may contact UNSAID for anything related to tracking details.
It usually takes3-5 business days to get the available order delivered after being dispatched. In case the article ordered is not in stock, it will be created especially for the Buyer and shall be dispatched from UNSAID’s manufacturing center. This process may take around 10-15 business days but can take up to 5 weeks for specific designs. In case of engraving, the delivery may take more about 3-4 business days.
Once an order is placed, it can be tracked on the ‘My Account’ page.
12. DELIVERY
Currently, At UNSAID, all deliveries are complimentary.
UNSAID aims to deliver article(s) in accordance with the Buyer’s order. Delivery will be made to the address as entered by the Buyer. UNSAID does not take any guarantee of delivery in case an incorrect or incomplete address is provided by the customer.
Time and date for delivery quoted by UNSAID is approximate only and shall not be liable for the consequences of any delay in delivery.
If any delivery is late, the Buyer may notify UNSAID on the below mentioned email address or telephone number, and UNSAID will endeavor to ascertain if the product has been delivered on the expected delivery time to the Buyer.
In exceptional cases like earthquake, flood, war or any other act of God, which are uncontrollable, are excluded from the purview of the aforesaid delivery time. The delivery time of the product during such events is uncertain.
For any queries, customer can contact UNSAID Team at sales@unsaid.com or on +32 484 928 998
OWNERSHIP
UNSAID retains full and entire ownership of the articles sold until payment of the full price has been obtained, including the amount in principal, expenses and taxes.
13. INTELLECTUAL PROPERTY & COPYRIGHT POLICY
The general layout and design of the UNSAID website (www.unsaid.com) as well as its contents consisting of names, such as trademarks and/or brand names are protected by copyright, trademarks and other intellectual property rights which are the property of UNSAID or any of its subsidiaries or affiliated companies. For this reason, no part of the website shall be copied, reproduced, distributed or published, in whole or in part, by any user of the website for any purpose without the prior express written consent of UNSAID.
UNSAID grants the user a limited, non-exclusive license to generate quotes and place orders with UNSAID and thereby retains all ownership and intellectual property rights to the said website. The user may not cause or permit reverse engineering, disassembly or decompile the website.
Any downloading or otherwise copying from the UNSAID website, if authorized by UNSAID, will not transfer title to any software or material to anyone.
It is acknowledged that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. UNSAID will implement reasonable precautions to attempt to prevent such occurrences; however, UNSAID does not guarantee and shall not be liable for such occurrences. The user will be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold UNSAID harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.
In case of any legal assistance or support, you may contact our Legal Team on hello@unsaid.com or at +32 484 928 998.
14. HYPERLINKS POLICY
By providing links to third-party websites, UNSAID does not guarantee, approve or endorse the information or products or services available on its website. UNSAID makes no warranty as to the accuracy, lawfulness or use of resources available on its website.
UNSAID shall not be liable for updating of any and all web links referenced on www.unsaid.com nor for the availability of such external sites or resources. UNSAID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites.
UNSAID is not responsible for hyperlinks from any third-party websites to the UNSAID website and reserves the right to refrain anybody from establishing a link pointing to the UNSAID website at any time.
For any questions or concerns about the UNSAID website or these terms or any inquiry about intellectual property rights matters, please Contact Us.
15. GIFT CARDS & DISCOUNT OFFER POLICY
16. INDEMNIFICATION
The user shall defend, indemnify, and hold us, our affiliates, employees, contractors, vendors, directors, suppliers and representatives harmless from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to the use or misuse of, or access to, the Services, content, or otherwise from the violation of Terms and Conditions, or infringement by the user, or any third party using their Account or identity in the Services, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity.
UNSAID reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in such event the user will assist and co-operate with UNSAID in asserting any available defenses.
LIMITATION OF LIABILITY
In no event shall UNSAID, nor its directors, employees, agents, partners, or suppliers, be liable under any contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services:
(i) for any loss of income, loss of profits, loss of contracts, loss of data, cost of procurement of substitute goods or services, or for any indirect, incidental, exemplary, special, punitive, compensatory or consequential loss or damage of any kind (howsoever arising); or
(ii) for any bugs, viruses, trojan or the like (regardless of the source of origination).
17. APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of Belgium without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Belgium. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction of the courts located at Antwerp, Belgium.
DISCLAIMER
The information specified on www.unsaid.com is only intended for general information purposes.
Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website. The information provided on this website may not be considered as legal or other professional advice. Accordingly, no actions should be taken based on this information without prior expert advice.
UNSAID makes no warranties, representations or undertakings about:
UNSAID does not endorse or approve the content of any Third-Party Site, nor will it incur any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third-Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).
In no event, UNSAID will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, UNSAID takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.