Terms and conditions of sale

1. Who we are

The website emera-pa.com is published by Emera PA SRL, a private limited liability company (société à responsabilité limitée) incorporated under Belgian law, with its registered office at Hoogstraat 15/1, 1650 Beersel (Belgium), registered with the Crossroads Bank for Enterprises under number BE 1015.570.796 (“EMERA”, “we”, “us”).

You may contact us by email at info@e-mera.com or by telephone on +32 451 03 53 95.

2. Scope

These terms and conditions govern, on the one hand, the sale by EMERA of the pieces presented on the website or offered by us (watches, jewellery, leather goods and other collectibles) and, on the other hand, the acquisition by EMERA of the pieces you entrust to us, either by outright purchase or on consignment.

They apply to the exclusion of any other terms and conditions, unless otherwise agreed in writing. Where you act as a consumer, they do not deprive you of any of the rights you hold under the Code of Economic Law and the Civil Code.

3. The pieces

Unless otherwise stated, the pieces we sell are second-hand. Each piece is described in good faith, together with its condition, its accessories (box, papers) and, where known, its most recent service. The photographs show the piece itself; slight differences in colour depending on the screen are possible.

A second-hand piece bears signs of use consistent with its age and its declared condition. Such signs do not constitute a lack of conformity.

Each piece is examined by us before it is offered for sale. We guarantee its authenticity (Article 9).

4. Prices

Prices are expressed in euros, inclusive of all taxes. Second-hand pieces are in principle subject to the margin scheme: VAT is charged on our margin, is not shown separately on the invoice and is not deductible.

The market quotations, indices and charts displayed on the website are provided for information purposes only, based on public sales and comparable listings. They are binding neither on EMERA nor on the buyer.

The applicable price is the price confirmed in writing at the time of the order. Any shipping costs are indicated before confirmation.

5. Orders

You may express your interest in a piece via the website, by email or by telephone. The sale is concluded when we confirm to you in writing (by email) the piece, its price, and the terms of payment and handover.

Until such confirmation, the piece may be sold to another buyer. A piece may be reserved for a period agreed between us.

6. Payment and ownership

The price is payable by bank transfer before the piece is handed over, unless otherwise agreed. In accordance with the law, no cash payment is accepted above 3,000 euros.

The piece remains the property of EMERA until the price has been paid in full.

For any significant transaction, we may ask you for proof of identity, in accordance with our legal obligations relating to the prevention of money laundering.

7. Handover and delivery

The piece is handed to you in person at an agreed appointment, or dispatched by shipment insured for its value, against signature.

Handover times are indicative and confirmed at the time of the order. The risk of loss of or damage to the piece passes to you when you, or the person you designate, take physical possession of the piece.

On receipt of a shipment, check the packaging in the presence of the carrier and note any reservations on the delivery note.

8. Right of withdrawal

If you are a consumer and the sale was concluded at a distance or off our premises, you have fourteen days from receipt of the piece to withdraw from the contract, without having to give any reason.

To exercise this right, inform us of your decision by means of an unequivocal statement, for example by email to info@e-mera.com. Then return the piece, with its accessories, within fourteen days, by shipment insured for its value; the cost of return is borne by you.

We will reimburse all sums paid, including standard delivery costs, no later than fourteen days after being informed of your decision; we may withhold the reimbursement until we have received the piece. You may be held liable for any diminished value of the piece resulting from handling other than what is necessary to establish its nature, characteristics and functioning.

The right of withdrawal does not apply to pieces made or modified to your specifications.

9. Guarantees

Guarantee of authenticity. EMERA guarantees that every piece sold is authentic. Should a piece prove not to be, on the written opinion of the house that produced it or of a recognised expert, we will take it back and refund the full price paid, without any time limit.

Statutory guarantee of conformity. The consumer benefits from the statutory guarantee under Articles 1649bis et seq. of the former Civil Code. As the goods are second-hand, its duration is reduced to one year from handover, as permitted by law. Any defect must be reported to us within two months of its discovery.

This guarantee does not cover normal wear and tear, damage caused by impact, water or improper use, or work carried out by a third party.

Where the buyer acts in a professional capacity, only the guarantee against latent defects applies, in addition to the guarantee of authenticity.

10. Acquisition of your pieces: offer and inspection

The offer displayed on the website when you propose a piece to us is indicative. It is based on the market price and the information you provide, and it is valid for thirty days. It becomes firm only after the piece has been examined.

We never appraise a piece on the spot. At your choice, we collect it from your home, by insured shipment or at a location agreed between us. A deposit receipt is drawn up upon handover: it records the condition of the piece, includes photographs and sets its insured value. The piece is insured from the moment we take charge of it.

We inspect the piece within twenty-four working hours, excluding weekends and public holidays, and then send you a report and a firm offer. If that offer does not suit you, we return the piece to you within forty-eight hours, free of charge.

You declare that you are the lawful owner of the piece, or are duly authorised to dispose of it, and that it is neither stolen, nor counterfeit, nor encumbered by any right in favour of a third party. You will be asked for proof of identity. EMERA may refuse a piece without having to give reasons, in particular where there is doubt as to its provenance or authenticity.

11. Consignment

When you accept our firm offer on consignment, EMERA offers the piece for sale, in its own name and on your behalf, for thirty days from the signature of the deposit receipt. The price due to you is that of the firm offer accepted.

The piece remains your property until it is sold. It is kept in a secure place and insured throughout the consignment period.

The agreed amount is paid to you by bank transfer as soon as the sale is concluded and the price has been received by EMERA.

If the piece has not been sold by the end of the period, you choose either to extend the consignment on the terms then agreed or to take the piece back; it is returned to you within forty-eight hours, free of charge. You may take the piece back before the end of the period, provided it has not been sold.

12. Liability

EMERA's liability is limited to direct and foreseeable damage resulting from a breach of its obligations. It does not cover indirect damage, such as loss of opportunity or loss of income. This limitation does not apply in the event of fraud, gross negligence or harm to life or physical integrity.

For a piece entrusted to us, our liability is limited to the insured value stated on the deposit receipt.

13. Personal data

The data you provide to us are processed in order to perform the sale or the acquisition, and to comply with our legal obligations. Our privacy policy, accessible from the footer of every page, describes this processing and your rights.

14. Complaints and disputes

Any complaint may be sent to us at info@e-mera.com; we will respond as soon as possible.

If we are unable to reach a solution, the consumer may contact, free of charge, the Consumer Mediation Service, North Gate II, Boulevard du Roi Albert II 8, box 1, 1000 Brussels (mediationconsumer.be).

These terms and conditions are governed by Belgian law. Failing an amicable settlement, disputes fall within the jurisdiction of the courts of the judicial district of Brussels, without prejudice to the mandatory rules allowing the consumer to bring proceedings before the court of their place of residence.