Terms of service

Terms of Service – WithMe BV

Last updated: October 27, 2025

Welcome to WithMe BV (“WithMe”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of our website and webshop www.withme-jewelry.com (the “Services”), including all related information, products, features, and transactions.
Our webshop is hosted by Shopify.

By accessing or using our Services, you agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree, please do not use our Services.

ARTICLE 1 — SCOPE & DEFINITIONS

These Terms apply to all use of the Services and to all distance contracts concluded between WithMe BV, Halmaalweg 123, 3800 Sint-Truiden, Belgium (Company No. BE1026641565, VAT BE1026641565) and consumers within the EU/EEA.

“Customer”, “you” or “your” refers to any natural person acting for purposes outside their trade, business, craft, or profession.

Where specific policies (e.g. Return Policy, Privacy Policy) apply, they form part of these Terms.
In the event of conflict, mandatory consumer law prevails, followed by any specific policy, and then these Terms.

ARTICLE 2 — AGE & ACCOUNT

By using the Services, you confirm that you are at least 18 years old or have parental/legal guardian consent.

Some features may require an account. You are responsible for providing accurate information and maintaining the confidentiality of your login credentials.
Any misuse or unauthorized access must be reported to us immediately.

ARTICLE 3 — PRODUCTS, CUSTOMIZATION & DISPLAY

We strive to present all products as accurately as possible.
However, variations in color, brightness, or material texture may occur due to screen settings, lighting, or natural differences in materials.

Custom-made & memorial jewelry

Most of our products are personalized and handcrafted—for example, containing ashes, hair, engravings, or custom color compositions.
Minor variations are inherent to artisanal work and do not constitute defects or non-conformity.

Shipment of personal materials

Customers who send personal materials (such as ashes or hair) do so at their own risk and are advised to use tracked and insured shipping.
WithMe BV is not responsible for loss or damage before confirmed receipt of the materials.

By submitting such materials, you authorize WithMe BV to handle and process them for jewelry creation and waive any claims related to partial loss, alteration, or transformation inherent to the production process.

ARTICLE 4 — ORDER PROCESS & CONTRACT FORMATION

Placing an order constitutes an offer to purchase.
The contract is concluded once you receive an order confirmation at your provided email address.

We reserve the right to refuse or cancel orders (e.g., due to pricing errors, inaccuracies, suspicion of fraud, or unavailability).
Any payments received for cancelled orders will be fully refunded.

Please carefully check all personalization details and order information before confirming, as changes cannot always be accommodated afterwards.

ARTICLE 5 — PRICES, TAXES & PAYMENTS

All prices are displayed in euros (€) and include VAT, unless otherwise indicated.
Shipping costs, import duties, or additional fees (if applicable) are shown during checkout.

Promotions or discounts are temporary and cannot be combined unless explicitly stated.
We are not bound by obvious typographical or system errors.

Payments are processed securely via Shopify Payments (Visa, Mastercard, Bancontact, iDEAL, Apple Pay, Google Pay, etc.).
We do not store or have access to your full card details.

ARTICLE 6 — SHIPPING, DELIVERY & RISK TRANSFER

We deliver to all countries listed during checkout.
Estimated delivery times are shown at checkout and confirmed via email.

Unless otherwise agreed, delivery shall occur within a maximum of 30 days from order confirmation and receipt of required materials, in accordance with Article VI.43 of the Belgian Code of Economic Law.

For EU consumers, the risk of loss or damage passes only upon physical receipt by you or a third party designated by you (not the carrier), as provided by Directive 2011/83/EU.

Delays caused by third parties, customs, or force majeure do not entitle you to compensation, but your statutory consumer rights remain unaffected.

ARTICLE 7 — RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD) & EXCEPTIONS

Standard (non-personalized) products

You have the right to withdraw from the contract within 14 days after receiving the goods, without providing a reason.
Follow the instructions in our Return Policy regarding returns, costs, and refunds.

Custom-made or personalized jewelry

The right of withdrawal does not apply to goods made to your specifications or clearly personalized for you (e.g., jewelry containing ashes, hair, engravings, or unique color compositions).
This exclusion is in accordance with Article 16(c) of EU Directive 2011/83/EU and Article VI.53(3°) of the Belgian Code of Economic Law.

By confirming a personalized order, you explicitly agree that the statutory withdrawal right no longer applies once production begins.

Defective or non-conforming items

If an item is defective or does not conform to the contract, contact info@withme-jewelry.com within a reasonable period.
Provide your order number and photos or a description. We will offer appropriate remedies under the law—repair, replacement, price reduction, or refund if repair/replacement is impossible.

ARTICLE 8 — LEGAL WARRANTY & CONFORMITY

EU consumers are entitled to a two-year legal warranty under Articles 1649bis–octies of the Belgian Civil Code.
Products must conform to the contract. If not, you are entitled to free repair or replacement; if that is impossible or disproportionate, you may request an appropriate price reduction or cancellation.

Keep your proof of purchase and follow our instructions for assessment or return.

ARTICLE 9 — RELATIONSHIP WITH SHOPIFY (HOSTING & SERVICES)

Our Services are hosted by Shopify. Shopify may process personal data as part of service provision and platform security.
For some processing, Shopify acts as our data processor, and for others as an independent controller (e.g., for analytics or platform improvements).
All sales contracts are concluded directly between you and WithMe BV.
Shopify is not a party to your purchase and bears no liability for any sales, delivery, or product-related claims between you and us.

ARTICLE 10 — ACCEPTABLE USE OF SERVICES

You agree to use the Services lawfully and in accordance with these Terms.
Prohibited actions include, but are not limited to:

Violating intellectual property rights
Uploading malicious code
Data scraping, spidering, or unauthorized automation
Placing fraudulent or fake orders
Submitting misleading reviews or impersonating others
Circumventing security or payment mechanisms

ARTICLE 11 — INTELLECTUAL PROPERTY

All trademarks, logos, product designs, photographs, text, layouts, and other content on our website are the exclusive property of WithMe BV and protected by EU and international IP law.
They may not be used or reproduced without our prior written consent.

All jewelry designs, compositions, and visual identities are proprietary to WithMe BV.
Unauthorized reproduction or imitation, in whole or in part, is strictly prohibited.

Customers submitting engraving text, symbols, or other materials confirm they hold the necessary rights and that no third-party rights are infringed.
WithMe BV cannot be held liable for claims arising from customer-provided content.

ARTICLE 12 — OPTIONAL TOOLS & THIRD-PARTY LINKS

Optional tools (e.g., payment, review, or shipping apps) are provided “as is” by third parties.
Use of such tools is at your own risk and governed by their respective terms.

Our site may contain links to third-party websites not controlled by us.
We are not responsible for their content, privacy practices, or transactions.

ARTICLE 13 — FEEDBACK & REVIEWS

By submitting feedback or reviews, you grant WithMe BV a non-exclusive, worldwide, royalty-free license to use, display, and share that content in connection with our Services and marketing, where permitted by consumer law.
We reserve the right to moderate or remove content that is misleading, defamatory, unlawful, or violates privacy.

ARTICLE 14 — ERRORS & MODIFICATIONS

Information on our website (prices, descriptions, availability) may contain typographical or system errors.
We reserve the right to correct errors, update information, or cancel orders affected by obvious mistakes, while respecting your statutory rights.

Confirmed orders remain unaffected by later product or pricing changes.

ARTICLE 15 — LIABILITY (CONSUMER CONTEXT)

Nothing in these Terms limits or excludes liability for intentional misconduct, gross negligence, death, or personal injury caused by our negligence, or for any liability that cannot be excluded under applicable law.

To the extent permitted by law, WithMe BV shall not be liable for indirect, consequential, or incidental damages, including loss of profits, emotional distress, or sentimental value.
Our total contractual liability to consumers shall not exceed the amount paid for the specific order, without prejudice to mandatory consumer rights.

ARTICLE 16 — FORCE MAJEURE

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including but not limited to:
natural disasters, fire, epidemics, war, governmental action, utility or telecommunications failures, platform outages, strikes, or transport restrictions.
Our obligations are suspended for the duration of such events.

ARTICLE 17 — PRIVACY & COOKIES

Personal data is processed in accordance with our Privacy Policy and cookie section therein.
Questions about data protection may be sent to info@withme-jewelry.com.

ARTICLE 18 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our written consent.
We may transfer our rights and obligations within our corporate group or to successors (e.g., in case of restructuring or acquisition), in compliance with privacy laws.

ARTICLE 19 — GOVERNING LAW & DISPUTES

These Terms and all related agreements are governed by Belgian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Disputes may be brought before the courts of your residence (for consumers) or, at your choice, the Courts of Leuven or Hasselt (Belgium), in accordance with EU consumer protection rules.

You may also use the EU Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr

ARTICLE 20 — AMENDMENTS TO THE TERMS

We may update these Terms periodically.
The latest version is always available on this page with the date of last update.
Material changes will be communicated where legally required.
Continued use after the effective date constitutes acceptance of the revised Terms.

ARTICLE 21 — MISCELLANEOUS

Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in effect; the invalid part will be replaced by a valid clause closest in meaning.

No waiver: Failure to enforce any right does not constitute a waiver.

Entire agreement: These Terms, together with the Privacy Policy, Return Policy, and order confirmation, constitute the entire agreement between you and WithMe BV.