Last updated: September 1th, 2024

PREAMBLE

The brand "Unsaid" (hereinafter referred to as "UNSAID") is a brand created, owned, and operated by WALKING TREE EU BV (hereinafter the "Company") as a retail division based in Antwerp, Belgium. The Company is established and registered in Belgium, with its registered office at De Burburestraat 20, Box No. 122, Off No. 328, 2018 Antwerp, Belgium, and its intra-community VAT number is 0561987613. UNSAID was created with the aim of understanding the richness of human emotions and connecting jewelry with these emotions. The Company provides a website, accessible at www.unsaid.com (the "Site"), where potential buyers can purchase UNSAID brand jewelry to express their feelings for their loved ones (the "Products").

1. LEGAL NOTICE

(i) Site Editor

• The Site is operated by the Company:
• Intra-Community VAT Number: BE 0561 987 613
• Phone Number: +32 484 92 92 95
• Opening Hours: by appointment 10am-6pm from Monday to Friday
• Email Address: hello@unsaid.com
• Publishing Director: Shraddha Mehta

(ii) Site Hosting

• The Site is hosted by:
• Hosting Provider: VERCEL INC
• Registration Number in the Commercial and Corporate Register (RCS): 3840731
• Address: 1046 KEARNY STREET, SAN FRANCISCO, CA 94133, United States
• Contact Email: info@vercel.com

2. DEFINITIONS

For the purposes of interpreting and executing this document, the terms and expressions mentioned below (when preceded by a capital letter) shall mean without prejudice to the terms defined herein:

• "Order": any order for Products placed and validated by the Customer on the Site;
• "We" or the "Company": refers to WALKING TREE EU BV;
• "You," "Buyer," or "User": any consumer, within the meaning of the consumer code, visiting the Site, especially with the intention of ordering Products offered for sale on the Site for strictly personal use.

3. GENERAL CONDITIONS

These online general conditions of sale (hereinafter referred to as the "General Conditions") apply fully to all Orders for Products placed on the Site by a Buyer. The purpose is, on the one hand, to inform any potential Buyer about the conditions under which the Company sells and delivers the Products ordered, and on the other hand, to define the rights and obligations of the parties in the context of the sale of Products by the Company to Buyers.

The Buyer acknowledges having read the General Conditions before placing their order without any restriction, this acceptance not being in any way conditioned by a handwritten signature of the Buyer.

The Company reserves the right to modify the General Conditions at any time without prior notification to the Buyer. However, the General Conditions 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 General Conditions before placing an order. If you order Products after we have posted modifications to these General Conditions, you confirm your acceptance of the new conditions.

By placing an order through the Site, you guarantee that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.

4. ORDERS

We currently accept Orders worldwide, except for China.

Shipments to all European countries, the United Kingdom, and Canada are made on a DDP (Delivered Duty Paid) basis, which means that all relevant taxes and import duties will be included in the Product price.

The rest of the world is shipped on a DDU (Delivered Duty Unpaid) basis: all Product prices displayed for DDU destinations are exclusive of taxes. The Company commits to bearing the entirety of the import duties, customs duties, and local sales taxes levied by the country to which the Products are shipped.

Any Order implies acceptance of the General Conditions, without prejudice to the specific contractual conditions agreed upon by and between the Parties.

The Order is placed by selecting an item that the Buyer wishes to purchase and adding it to the cart by clicking the corresponding "Add to Cart" button on the Product page. For rings, the Buyer selects the desired size before clicking "Add to Cart."

Once the Buyer has selected all the Products they wish to purchase, they must confirm the cart's content and place the order. The subsequent pages will then summarize the details of the desired Products and their price, the delivery conditions, and the payment method the Buyer must select.

The Buyer can either hold a customer account or a guest account; for this purpose, they must provide accurate information regarding their identity, contact details, an email address, and a valid password. When the Buyer has registered their account via the Site, they will receive an email allowing them to access their account via the Site and create a permanent identifier and password to access their account.

The Company may modify the information necessary to place a new order or to register accounts. These modifications will be published on the Site.

If the information communicated by the Buyer via the Site changes, the Buyer must log in to their account and update this information directly via the Site. Furthermore, if the Company has reasons to suspect that a third party has falsified a Buyer's registration, password, and/or login to their account, the Company will immediately delete this account and notify the Buyer of the deletion by email, phone, or any other communication method.

Before giving the final confirmation of their order, the Buyer will have the opportunity to review the details of their order and its total price and correct any potential errors before confirming acceptance.

Note: any order placed implies an obligation of payment. To definitively confirm an order, the Buyer must click "Proceed to Payment."

Once the Buyer has confirmed their Order, the Company will confirm its receipt by email. Once the payment is confirmed and duly received, an order confirmation (the "Order Confirmation") will be sent by email. This Order Confirmation will indicate the total amount of the Order, the essential characteristics, the quantity, the delivery times, and the price of the Products purchased and will include the General Conditions corresponding to the Order.

This Order Confirmation constitutes the acceptance of the Buyer's Order by the Company, forming a binding sales contract.

The Company advises the Buyer to keep an electronic copy of this Order Confirmation. If these emails are not received, it is advisable for the Buyer to check the spam/junk mail folders of their mailbox. The Buyer notes that emails are sent to the email address provided by the Buyer. Furthermore, the Company cannot be held responsible in the event of an error in entering the relevant email address or in the event of non-receipt of the message confirming the shipment of the Order not attributable to the Company.

5. ORDER REFUSAL

It is reminded that purchases made on the Site are reserved for Buyers, excluding non-professionals and professionals, solely for their personal use or to give gifts to their loved ones. Therefore, UNSAID only sells its items in quantities that correspond to the usual average needs of a consumer. In accordance with applicable regulations, the Company reserves the right to refuse or cancel any Order for legitimate reasons, particularly in the following cases:

• In the event of Product unavailability in stock;
• An Order where the number of Products or the total payable amount (for one or more combined Orders) is unusually high compared to the quantities of Products usually ordered by an average consumer;
• The quantities of Products ordered could potentially lead to a stock shortage of the concerned Product;
• Any Order that might suggest that the Buyer is engaged in commercial activity related to the ordered Products or, more generally, that you do not comply with the General Conditions;
• In case of a payment incident, fraud, or attempted fraud related to the use of the Site.

In the event of refusal and/or cancellation of the Buyer's Order, the Company will contact the Buyer by email to inform them and will refund the total amount paid for the canceled Order within fourteen (14) days from the date of notification of the Order cancellation.

6. PRODUCT CHARACTERISTICS

The Products are made from recycled precious metals: 18K gold (recycled or not). Diamonds / Stones: All diamonds sold by the Company are synthetic diamonds, grown in a laboratory. The essential characteristics of each Product are listed on the Site. Information regarding the weight of precious materials and the number of stones and carats is provided for reference only and may vary slightly depending on the size of the chosen Product. Despite the great care taken by the Company in presenting its Products on the Site, the Company cannot guarantee that the actual appearance matches exactly what appears on the screen. In particular, color variations may occur due to the technical limitations of digital color reproduction. The Company cannot be held responsible for non-substantial errors that may occur.

For any questions regarding the Products and their use, additional questions, or requests for advice, the Buyer can contact the Company's team of advisors by contacting customer service as described in the "Contact" section of the Site.

7. PERSONALIZATION

A personalization service (e.g., engraving) may be offered to the Buyer on a selection of Products. The Company reserves the right to refuse any Order of personalized Products containing inappropriate wording, prohibited by law, or contrary to the Company’s brand image and/or Products. It is the Buyer's responsibility to ensure the accuracy of any text they provide. Orders for personalized Products are non-cancellable, and Products that have been personalized cannot be exchanged, returned, or refunded.

8. CERTIFICATIONS

All Products sold on the Site will come with a certificate of authenticity provided by the Company. Any unique diamond over 0.50 carat will be accompanied by an IGI diamond certificate.

9. PRICING POLICY

All prices are listed in euros, British pounds, or US dollars depending on the relevant country and may be modified at any time and without prior notice, except for Orders that have been accepted by the Company. All applicable taxes are included in the final price indicated at the time of "Checkout" (including any customs duties covered by the Company).

The Company regularly conducts checks to ensure that the prices are accurate. However, some prices may be affected by errors. If the Company identifies an error in the price of an Order, the Buyer will be informed as soon as possible.

UNSAID reserves the right to refuse and/or cancel any Order for a Product where a pricing error has occurred, provided that the error was so obvious that the Buyer could reasonably and in good faith identify it as a pricing mistake. If payment for the Order has already been made but the Order has not yet been delivered, the Buyer will receive a refund of the amount paid. If the Order has already been delivered, it must be returned to UNSAID or the Buyer may need to pay the additional amount due.

The amount of VAT corresponding to the Buyer’s Order will be separately indicated on the invoice. If changes are made to the applicable legislation between the date the Order is placed and the date of receipt of an Order Confirmation, these changes may affect the amount of sales tax applicable to the Buyer’s Order. If this results in an increase in the sales tax due from the Buyer, the Company will contact the Buyer to request reconfirmation of the Order.

10. PAYMENT TERMS

Orders can be paid by:

• Credit or Debit Card Transactions (Amex, MasterCard, Visa, Union Pay, Cartes Bancaires)
• Available Payment Wallets (PayPal, Google Pay, Apple Pay)
• Installment Payment Options (Klarna, where applicable)
• Pay By Link

All orders must be paid immediately at the time the Order is placed. Upon Order Confirmation, the Buyer will receive written confirmation of the price paid for each Product, including details of the Product prices and applicable taxes.

When placing an Order via the Site, you must provide your payment details on the appropriate form. The Company cannot be held responsible for incorrect data provided by the Buyer in this payment form.

If, for any reason (e.g., opposition, refusal by the payment processing center, etc.), it is impossible to debit the amount due from the Buyer, the online purchase process will be immediately canceled.

11. EXCHANGE / RETURN / REPLACEMENT POLICY

The Buyer may refuse to accept the package if the packaging is altered or damaged before delivery and contact our customer support, mentioning their Order number. If the delivered Product is defective, the Buyer must inform UNSAID in accordance with the conditions set forth in Article 16 below.

Returned Products must be in perfect condition, unused, in their original box and/or packaging, and accompanied by the certificate of authenticity and the IGI diamond certificate, if applicable.

The Buyer who places an Order can exercise their right of withdrawal, without the obligation to provide a reason, within fourteen (14) days of receiving the Order in question. If the Buyer ordered multiple items in a single Order, or if items were delivered in multiple shipments, the withdrawal period starts only from the moment the Buyer, or a third party designated by the Buyer other than the carrier, physically takes possession of the last item or the last part of the delivery.

To this end, the Buyer must either (i) complete and return the withdrawal form sent by the Company in the confirmation email of their Order and attached to the General Conditions (Annex 1) or (ii) send the Company a clear, unambiguous statement expressing their wish to withdraw.

The Product, accompanied by its tag, certificate of authenticity, and IGI diamond certificate, if applicable, must be returned in perfect condition, without alteration/modification, and in its original packaging (both inner and outer). It must not be counterfeit, personalized, or modified in any way.

All returns and exchanges are subject to a quality control process before being accepted.

To successfully return a Product, the Buyer must go to their Order history after logging in with their credentials on the Site and follow the instructions provided. After submitting their return or exchange request, the Buyer will receive a confirmation via email or SMS to their registered email address or mobile number, with tracking details. The Buyer will be informed whether the return or exchange request is accepted or not. If the Order can be returned, the Buyer will receive an approval notification and will be informed of the pick-up time slots for their convenience. Generally, an Order is picked up within 3 to 4 business days following the return approval notification. Once the Order arrives at our warehouse, it will be checked and approved, and the refund or exchange process will then be initiated.

Refunds for Orders are generally processed within 7 to 10 business days following the receipt of the returned Product and no later than fourteen (14) days from the receipt of the returned Product. The Buyer can check the status of their request until the refund is processed. If the return of the Order is not approved, the Company will state the reasons and inform the Buyer. The decision to approve or refuse the return of one or more Products rests with the Company.

In the case of an exchange, the Buyer may request that the Company deliver a new Product (i) of the same value as the returned Product or (ii) of lesser value, accompanied by a voucher corresponding to the difference between the returned Product and the new Product. It is noted that the number of exchange requests is limited to one (1), meaning the new Product provided to the Buyer cannot be exchanged again. The decision to approve or refuse the exchange of a Product rests with the Company.

It is reminded that personalized and/or resized Products cannot be subject to a withdrawal request by the Buyer.

No claims or recourse regarding the final delivered product will be accepted after 30 business days from the date indicated on the invoice, subject to the rights available to the Buyer under the legal and commercial warranties provided below.

12. SHIPPING and Delivery Times of Products

The shipping time is confirmed once the Order is placed.

The Buyer will receive tracking details via email and/or text message, and can contact the Company for any tracking details.

Generally, allow 5 to 7 business days for an available Order to be delivered after it has been shipped. If the ordered Product is not in stock, it will be specially created for the Buyer and shipped from the Company’s manufacturing center. This process may take up to 5 weeks for specific creations. In case of engraving, delivery may take an additional 3-4 business days.

Once the Order is placed, it can be tracked on the "My Account" page (provided the Buyer has an account).

13. DELIVERY

All Product deliveries are free of charge.

The Company strives to deliver the Product(s) according to the Buyer's Order. Delivery will be made to the address provided by the Buyer. The Company does not guarantee delivery if an incorrect or incomplete address is provided by the Buyer.

If the Buyer notices a delay in delivery, they can inform the Company at the email address or phone number listed below, so that the Company can verify whether the Product was delivered within the expected timeframe. In the case of a delivery delay, the Buyer can demand the Company to deliver the Product within a reasonable additional period and then notify the resolution of the Order in writing if the Company has not made the delivery within that timeframe.

In the event of force majeure, as defined in Article 1218 of the Civil Code, the Company will not be held liable for failing to meet the aforementioned delivery deadline. The delivery time of the Product during such events is uncertain.

For any questions, the Buyer can contact the Company via email at: hello@unsaid.com and/or by phone at +33 6 95 11 99 76.

14. OWNERSHIP

The Company retains full ownership of the Products sold until full payment of the price, including fees and taxes, is made by the Buyer to the Company, i.e., until the price has been effectively debited from the Buyer’s bank account.

15. LEGAL WARRANTIES

The Buyer is informed that the Company’s Products are subject to the following legal warranties:

Legal Warranty of Conformity: "The consumer has a two-year period from the delivery of the product to claim the legal warranty of conformity in case of a defect. During this period, the consumer is only required to establish the existence of the defect, not its date of appearance."

Digital Content or Services: "When the sale contract provides for the continuous supply of digital content or services for more than two years, the legal warranty applies throughout the supply period. During this time, the consumer is only required to establish the existence of the defect affecting the digital content or service, not its date of appearance."

Obligations under the Legal Warranty: "The legal guarantee of conformity imposes an obligation on the professional, where applicable, to provide all necessary updates to maintain the conformity of the good."

Repair or Replacement: "The legal warranty of conformity entitles the consumer to repair or replacement of the product within thirty days of their request, free of charge and without major inconvenience to them."

Extension of Warranty: "If the product is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty."

Replacement Warranty: "If the consumer requests the repair of the product but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement."

Reduction or Cancellation: "The consumer may obtain a reduction in the purchase price while keeping the product or terminate the contract with a full refund against return of the product if:

The professional refuses to repair or replace the product;

Repair or replacement occurs after a thirty-day period;

Repair or replacement causes major inconvenience to the consumer, such as bearing the cost of returning or collecting the non-conforming product or installing the repaired or replaced product;

The defect persists despite the seller’s unsuccessful attempt to remedy it."

Immediate Reduction or Cancellation: "The consumer is also entitled to a reduction in the price of the product or contract termination if the defect is so serious that it justifies an immediate reduction in price or contract termination. The consumer is not required to request repair or replacement beforehand."

Minor Defects: "The consumer does not have the right to terminate the sale if the defect is minor."

Suspension of Warranty: "Any period during which the product is immobilized for repair or replacement suspends the remaining warranty period until the product is delivered in a restored condition."

Legal References: "The above rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code."

Civil Penalties: "A seller who, in bad faith, obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code)."

Hidden Defects: "The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the product is kept or a full refund against return of the product."

16. COMMERCIAL WARRANTY

In addition to the legal warranties described above, the Buyer is informed that the Company’s Products are subject to a free commercial warranty covering exclusively manufacturing defects and other defects resulting from normal use of the Product. The details are:

• Engagement Rings: "For Products classified as engagement rings and listed on the Site at https://unsaid.com/fr/wedding/engagement, the Buyer benefits from a lifetime commercial warranty from the date of delivery of the Product."
• Other Products: "For all other Products, the Buyer benefits from a five (5) year commercial warranty from the date of delivery of the Product."

The commercial warranty does not cover damage resulting from abusive use, negligence, accident, alteration, abnormal use, or inadequate maintenance. Furthermore, the commercial warranty does not apply to Products modified or repaired by anyone other than the Company.

The commercial warranty allows the Buyer to exclusively benefit from a repair or maintenance service for the Product, excluding replacement and/or refund of the Product, unless otherwise specified.

The commercial warranty does not cover resizing needs for the Buyer’s Products.

To benefit from the commercial warranty, the Buyer must activate it on the website https://unsaid.com/fr/warranty-activation by providing their contact details and the Product's serial number from its certificate of authenticity.

To claim the warranty, the Buyer should contact the Company via email at hello@unsaid.com and describe the issue(s) encountered. Upon receiving the Buyer’s email, the Company will review the claim and may request additional information, such as photos or videos of the Product. If the claim is deemed valid by the Company, the Company will provide the Buyer with the shipping details for the Product’s repair.

The Product must be returned in its original packaging or in packaging offering equivalent protection, accompanied by proof of purchase. The Company will cover the return shipping costs and the costs of repair or maintenance of the Product.

17. INTELLECTUAL PROPERTY

The general presentation and design of the Site, as well as its content, graphic charter, photos, trademarks, logos, and names, are protected by copyrights, trademarks, and other intellectual property rights owned by the Company or one of its affiliated companies. Therefore, no copy or reproduction, for distribution or publication purposes of all or part of the Site and/or its content, is allowed by any Site User, for any purpose, without the prior written authorization of the Company.

The Company grants the User a limited, non-exclusive license to place Orders with the Company and retains all intellectual property rights on the Site and its content. The User is prohibited from performing or allowing reverse engineering, disassembly, or decompilation of the Site.

Any download or other copy of the Site and/or its content, even if previously authorized by the Company, does not constitute a transfer of ownership of software or materials or for the benefit of anyone.

It is acknowledged that electronic communications, databases, and websites are subject to errors, malfunctions, tampering, and breaches, or that their use may cause damage to your systems or operations. The Company will implement all reasonable precautions to try to prevent such events; however, the Company does not guarantee and cannot be held liable for such events, except in cases of breach of its obligations.

For legal assistance or support, you may contact our legal team at hello@unsaid.com or at +33 6 95 11 99 76.

HYPERLINK POLICY

By providing links to third-party sites, the Company does not guarantee, approve, or endorse the information, products, or services available on these sites. The Company makes no guarantees regarding the accuracy, legality, or use of external resources available on its Site.

The Company is not responsible for updating all Internet links referenced on the Site or for the availability of these sites or external resources. Except in cases of breach of its obligations by the Company, the Company will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content, goods, or services available on or through these websites.

Except in cases of breach of its obligations, the Company will not be liable for hyperlinks between third-party sites and the Site and reserves the right to prohibit anyone from linking to the Site at any time.

For any questions or concerns regarding the Site or these terms, or for any inquiries regarding intellectual property rights, please contact us.

18. GIFT CARDS AND DISCOUNT OFFERS POLICY

As a limited-time offer, the validity of this offer will be indicated on the gift card.

Gift cards are non-refundable and their validity cannot be extended, except at the sole discretion of the Company.

The Company reserves the right to modify or cancel the offer at any time, except for those Orders that have been accepted by the Company.

This offer applies only to Products sold on the Site.

The offer is limited to one Buyer and one account.

The offer cannot be combined with other offers.

Shipping fees and taxes may apply to the total value of promotional Products at discounted or free prices.

The code only applies to Products in a single Order. In the event of detected misuse, the Company reserves the right, at its sole discretion and without providing reasons, to refuse any use of the discount code.

If any Product related to an offer is returned, the refund will be equal to the amount paid for the Product under the conditions specified in Article 12 of these terms.

The discount or rebate offer will be proportionally distributed among all promotional Products in the Order.

Any violation of the offer conditions will result in the invalidation of the offer.

19. INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless the Company from any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from the use or misuse of the Site, access to the Site, the content, or violation of the General Terms, or the User's breach, or any third party using their account or identity in the services, of any intellectual property or other rights, claims, or actions, including, but not limited to, personal or material damages to any person or entity.

20. LIMITATION OF LIABILITY

The Company shall not be held liable for non-performance or improper performance of its contractual obligations if such non-performance or improper performance is attributable either to the Buyer, to an unforeseeable and insurmountable event by a third party, or to a case of force majeure.

21. APPLICABLE LAW – DISPUTE RESOLUTION

These General Terms are governed by French law, subject to the application of mandatory rules in the Buyer’s country of residence.

In accordance with the French Consumer Code provisions regarding amicable dispute resolution, the Company adheres to the FEVAD mediation service whose contact details are as follows: mediateurduecommerce@fevad.com accessible via the external link https://www.mediateurfevad.fr/. In the event of an unresolved complaint, the Buyer can contact the mediator for any dispute that has not been settled.

Pursuant to Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution (ODR) platform, which facilitates independent, out-of-court resolution of online disputes between consumers and businesses in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.

22. DISCLAIMER

The information specified on the Site is intended solely for general informational purposes.

The Company makes no guarantees, representations, or commitments regarding:

• Any content on this Site (including, but not limited to, any warranties regarding the quality, accuracy, completeness, or suitability for a particular purpose of this content); or
• Any content of any other website referred to or accessed through hypertext links or otherwise through this website ("Third-Party Sites").

The Company does not endorse or approve the content of third-party sites and accepts no responsibility in relation to them (including, but not limited to, responsibility arising from any claim that the content of a third-party site infringes a law or the rights of a person or is obscene, defamatory, or scandalous).

Except in cases of breach of its obligations, the Company will not be liable for any loss or damage, including, but not limited to, indirect or direct losses or damages resulting from data loss or profits arising from the use of the Site or in connection with it.

Every effort is made to ensure the Site operates correctly. However, the Company assumes no responsibility and cannot be held liable for the temporary unavailability of the Site due to technical problems beyond its control.

ANNEX 1 - WITHDRAWAL FORM

(Form to be completed and returned in accordance with Article 12 above only if you wish to exercise your right of withdrawal)

To: The Company - De Burburestraat 20, Box No. 122, Off No. 328 2018 Antwerp, Belgium

Email address:

I/We () hereby notify you of my/our () withdrawal from the sale contract of the following goods ( )/services ():

Ordered on ()/received on ():

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is sent on paper):

Date:

(*) Delete as appropriate.