Terms of service
Xarcana is the trade name under which Davy Goovaerts, a sole proprietorship registered in Belgium, operates. In these Terms and Conditions, “Xarcana”, “we”, “us”, and “our” refer to Davy Goovaerts, trading under the name Xarcana. Xarcana manages this website and webshop, including the associated information, content, features, products, and services. These Terms and Conditions govern: the use of our website; the placement and execution of orders; the sale of our products and the rights and obligations of Xarcana and the customer. When you place an order, you confirm that you have been able to consult and agree to these Terms and Conditions and applicable policy documents. For normal use of the website, the relevant provisions of these terms apply to the extent they are applicable to it. These Terms and Conditions must be read together with our: Privacy Policy; Return and Refund Policy; Shipping Policy; Cookie Policy or cookie settings and any other policy documents available on our website. Nothing in these Terms and Conditions limits or excludes mandatory legal rights of consumers.
1. ACCESS TO THE WEBSITE AND CUSTOMER ACCOUNT
You may only use our website for lawful purposes. To place an order, you may be asked to provide certain information, including: your name; email address; phone number; billing address; shipping address; payment details and information necessary for custom work or personalization. You state that the information provided by you is correct, current, and complete. When you create a customer account, you are responsible for: keeping your login details confidential; preventing unauthorized use of your account; and reporting suspected abuse or unauthorized access. You are not liable for unauthorized use that cannot be attributed to you. We may temporarily restrict access to an account when reasonably necessary to investigate fraud, abuse, security issues, or violations of these terms.
2. PRODUCTS, NATURAL MATERIALS, AND IMAGES
We make reasonable efforts to describe and display our products as accurately as possible. However, colors, patterns, luster, texture, and general appearance may vary slightly due to: screen settings; photography; lighting; magnification and natural differences between materials. Xarcana works with natural materials, including natural gemstones, opal, and ironstone matrix. Natural stones may differ from one another in: color; pattern; matrix; inclusions; shape; transparency; surface and play of color. Such natural characteristics do not in themselves constitute a defect. This does not apply when the delivered product: substantially differs from the product description; does not correspond to the order; is damaged or is not suitable for normal or expressly agreed use. Dimensions and weights mentioned with “approximately”, “circa” or similar terms are approximations. Small deviations may occur due to the manual production process and the use of natural materials. We may change product information, availability, and prices for future orders. Such changes do not affect orders we have already accepted.
3. CUSTOMIZATION AND PERSONAL SPECIFICATIONS
Xarcana offers bracelets that can be assembled according to individual customer specifications. This includes bracelets where: the customer chooses or specifies a wrist size; the number of beads is adjusted to that size; the total length is individually determined; the composition is changed upon request; a personal engraving is applied or another individual choice is incorporated into the manufacturing process. The customer is responsible for correctly choosing, measuring, and communicating the wrist size according to our measurement instructions. When a bracelet is correctly manufactured according to the size specified or selected by the customer, but turns out not to fit due to an incorrect measurement or choice, this is not automatically an error or lack of conformity by Xarcana. When technically possible, we may voluntarily offer a paid adjustment. Any material, labor, and shipping costs will be communicated in advance. When Xarcana delivers a size other than the one correctly ordered, we will seek an appropriate legal solution at no cost to the customer. Because custom products are manufactured according to personal specifications, they may be excluded from the statutory right of withdrawal. This is further explained in Article 8 and in our Return and Refund Policy.
4. PRICES, VAT, AND ADDITIONAL COSTS
The price applicable to an order is the price displayed during checkout and stated in the order confirmation. For consumers within the European Union, prices are displayed including applicable VAT, unless clearly stated otherwise. Before placing the order, the customer will be informed, where applicable, about: the product price; VAT; shipping costs; any discounts; and the total amount to be paid. For deliveries outside the European Union, import duties, import taxes, customs fees, or fees from local carriers may be due. Unless expressly stated otherwise, such costs are not included in our sales price and are for the account of the customer. The customer is responsible for checking any local import rules and costs.
5. PAYMENT
The available payment methods are displayed during checkout. You state that: you are authorized to use the chosen payment method; the payment details are correct and the payment is not fraudulent. Payments may be processed by third-party payment service providers. Xarcana does not necessarily receive full payment card details. The processing of payments is also governed by the terms and privacy rules of the relevant payment service provider. When a payment is refused, canceled, or reversed, we may suspend or cancel the execution of the order, to the extent permitted by law.
6. ORDERS AND CONCLUSION OF THE AGREEMENT
When you place an order, you make an offer to purchase the selected products. After placing the order, you may automatically receive an acknowledgment of receipt. This confirmation means that we have technically received your order, but does not necessarily constitute our definitive acceptance. The purchase agreement is concluded when we: explicitly accept the order; begin production of a custom article; ship the product or confirm in another unambiguous manner that we are executing the order. When payment is collected immediately but we cannot accept the order, we will refund the received amount without undue delay. We may refuse or cancel an order with justification, for example in case of: an obvious price or product error; unavailability of materials; payment issues; suspected fraud; abuse; an impossible personalization to execute or an error in available stock. We will inform the customer of this and refund any amounts already received when no valid agreement is executed. For custom products, preparation or production may begin shortly after acceptance of the order. Therefore, carefully check before placing the order: the chosen size; product variant; personalization; billing details and shipping details.
7. CANCELLATION AND MODIFICATION OF ORDERS
Contact us as soon as possible if you wish to modify or cancel an order. For standard items, we try to accommodate a request as long as the order has not yet been processed or shipped. For custom or personalized items, modification or cancellation may no longer be possible once: materials have been selected; assembly or production has started; an engraving has been performed or other irreversible work has commenced. This limitation does not affect statutory rights that remain applicable.
8. RIGHT OF WITHDRAWAL AND RETURNS
For non-custom items, a consumer within the European Union generally has the right to withdraw from a distance contract within 14 calendar days, without giving any reason. The conditions, time limits, and procedure are set out in our Return and Refund Policy. The statutory right of withdrawal does not apply to goods that: are manufactured to consumer specifications or clearly intended for a specific person. This exception includes Xarcana bracelets that are specially assembled according to the wrist size chosen or specified by the customer. The exclusion of the right of withdrawal applies only to a simple change of mind, incorrect size choice by the customer, or other reasons not attributable to a defect or error by Xarcana. The exclusion does not affect the customer's statutory rights if the item: is defective; was delivered damaged; does not correspond to the order or was incorrectly manufactured due to an error by Xarcana.
9. SHIPPING AND DELIVERY
Available shipping methods, shipping costs, and estimated delivery times are displayed during checkout or in our Shipping Policy. Unless a binding delivery period has been explicitly agreed upon, stated delivery times are estimates. We make reasonable efforts to deliver the order within the communicated period. When no other period has been agreed upon, delivery takes place in accordance with the legally applicable period. Delays may be caused by, among other things: carriers; customs inspections; import procedures; weather conditions; strikes; incorrect address details or other circumstances beyond our reasonable control. In the event of a significant delay, we will inform the customer as soon as reasonably possible. Delays caused by third parties do not limit the mandatory statutory rights of the consumer in the event of late delivery. The customer is responsible for providing a complete and correct delivery address. When a package cannot be delivered due to an incorrect or incomplete address provided by the customer, reasonable costs for a new shipment may be charged to the customer.
10. TRANSFER OF RISK AND DAMAGE DURING TRANSPORT
For consumers, the risk of loss or damage generally transfers only when the consumer, or a third party designated by them other than the carrier, has taken physical possession of the goods. When the consumer chooses a carrier themselves that was not offered by Xarcana, the risk may transfer once the goods are handed over to that carrier, to the extent permitted by law. In case of visible transport damage, contact us as soon as possible. Failing to report damage immediately does not in itself prejudice mandatory statutory warranty rights, but a prompt report helps us to investigate the cause and condition of the shipment.
11. STATUTORY WARRANTY AND CONFORMITY
Consumers enjoy the statutory warranty of conformity under applicable Belgian and European consumer law. For new consumer goods, a statutory warranty of two years generally applies in Belgium from delivery. A product must, among other things: correspond to the description; correspond to the order; be suitable for normal use; possess agreed characteristics and offer the quality and durability that may reasonably be expected. When a product is not conform, the consumer may be entitled under legal conditions to: free repair; free replacement; a proportionate price reduction or termination of the agreement. The appropriate solution is determined according to applicable law and specific circumstances. The statutory warranty also applies to custom products in case of: a material defect; manufacturing or assembly error; incorrect execution of correctly ordered specifications; damage upon delivery or another lack of conformity. The statutory warranty does not automatically cover: normal wear and tear; damage caused by incorrect or improper use; damage caused by careless handling; damage caused by dropping, impacts, or heavy shocks; damage caused by improper storage; damage caused by exposure to chemicals; damage caused by unauthorized repairs or modifications by third parties or wear and tear that reasonably belongs to normal use of elastic components. These exclusions do not apply when premature wear, stretching, or breakage is the result of an existing material, production, or assembly defect.
12. CARE AND USE
Xarcana bracelets contain natural stones, metal parts, and possibly elastic components. To limit damage and premature wear, we recommend avoiding contact with perfume, cosmetics, and chemicals; avoiding prolonged contact with water and moisture; not wearing the bracelet during sports, heavy work, swimming, or showering; avoiding heavy impacts and rough surfaces; putting on and taking off the bracelet carefully and storing the product dry and separately. Care instructions are recommendations that take into account the nature of the materials. They do not limit statutory warranty rights when damage is the result of a lack of conformity.
13. GIFT CARDS
Gift cards are governed by the specific terms stated with the product and during purchase. A gift card can only be used according to the terms stated on the website; cannot be exchanged for cash, except where required by law and cannot be used for an amount higher than the remaining balance without additional payment. For digitally delivered gift cards, statutory rules on distance contracts and, where applicable, digital delivery apply. The handling of cancellations and refunds is further regulated in our Return and Refund Policy.
14. INTELLECTUAL PROPERTY
All content on which Xarcana or its licensors hold intellectual property rights remains the property of the respective rights holder. This includes, among other things, the Xarcana logo; original texts; product photos; graphic designs; illustrations; videos; protected product designs and other original website content. You may not, without prior consent: copy; reproduce; publish; distribute; modify; sell or commercially use this content. This provision does not grant broader rights than those actually existing under applicable intellectual property law.
15. EXTERNAL LINKS, SERVICES, AND TOOLS
Our website may contain links to websites, payment methods, carriers, widgets, or other third-party services. Xarcana does not always manage these external services itself. We are not responsible for third-party content, availability, or policies, except to the extent liability cannot be excluded under mandatory law. The use of external services may be subject to separate terms and privacy statements. We advise you to consult these documents.
16. RELATIONSHIP WITH SHOPIFY
Xarcana uses Shopify as its technical e-commerce platform. Shopify provides infrastructure allowing us to: display the webshop; receive orders; integrate payments and process certain customer data. The purchase agreement for Xarcana products is concluded between the customer and Xarcana. Shopify is not a seller of our products and is not a party to the purchase agreement between Xarcana and the customer. The processing of personal data by Shopify is further explained in our Privacy Policy.
17. PRIVACY AND COOKIES
Personal data is processed in accordance with the General Data Protection Regulation; applicable Belgian privacy legislation; our Privacy Policy and our cookie settings. Our Privacy Policy explains, among other things, what data we collect; why we process it; with whom it may be shared; how long it is stored and what rights data subjects have. Non-essential cookies and similar technologies are used according to applicable consent rules.
18. PROHIBITED USE
It is prohibited to use our website or services for: fraud; deception; unlawful activities; intellectual property infringements; distribution of malware or harmful code; unauthorized access to systems; unauthorized collection of personal data; misuse of payment methods or activities that compromise the security or operation of the website. Automated access, scraping, or data collection is not permitted when it: disrupts the operation of the website; bypasses security measures; unlawfully processes personal data or infringes upon legal or contractual rights. We may take reasonable measures to prevent abuse and may restrict access when a valid reason exists.
19. LIABILITY
Xarcana is responsible for the proper performance of its legal and contractual obligations. To the extent permitted by law, Xarcana is not liable for damage that: is not the direct result of a failure attributable to Xarcana; was not reasonably foreseeable upon concluding the agreement or was caused solely by the customer or a third party for which Xarcana is not responsible. Nothing in these terms excludes or limits liability where this is not permitted under mandatory law. This includes liability in connection with: intent; gross negligence; personal injury; death; non-conforming goods; statutory warranty and other mandatory consumer rights. For business customers, additional liability limitations may apply when separately and validly agreed upon.
20. FORCE MAJEURE
Force majeure is an event beyond Xarcana's reasonable control that makes the performance of an obligation temporarily or permanently impossible. This may include, among other things: natural disasters; war; government measures; strikes; severe transport disruptions; customs blockades; fire; prolonged technical outages or unforeseen failure of essential suppliers. During a force majeure situation, affected obligations are suspended for as long and to the extent performance is impossible. We will inform the customer when the force majeure situation significantly affects an order. When performance becomes permanently impossible or is unreasonably delayed, both parties retain their rights under applicable law. This may include, where applicable, the right to terminate the agreement and receive a refund for undelivered goods.
21. COMPLAINTS AND DISPUTES
Complaints can be sent to: legal@xarcana.com. Preferably state: your name; order number; a clear description of the complaint and relevant supporting evidence or photos. We try to answer complaints within a reasonable time and resolve them through mutual agreement. A consumer may, when applicable conditions are met, also use a competent out-of-court dispute body. This option does not limit the right to submit a dispute to a competent court.
22. APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions are governed by Belgian law. When you are a consumer, this choice of law does not prejudice the mandatory protection you enjoy under the law of your habitual residence. Disputes are handled by the courts competent under applicable statutory jurisdiction rules. A consumer is not obliged to bring a dispute exclusively before the courts of Xarcana's district when mandatory jurisdiction rules grant them the right to choose another competent court.
23. SEVERABILITY
If any provision of these Terms and Conditions is found to be wholly or partially invalid, illegal, or unenforceable, the remaining provisions remain in force. The invalid provision will only be modified or set aside to the extent necessary. An invalid provision is not automatically replaced by a provision granting Xarcana broader rights than legally permitted.
24. ENTIRE AGREEMENT
These Terms and Conditions together with: the order; product information; the Return and Refund Policy; the Shipping Policy; the Privacy Policy and other explicitly applicable terms; constitute the agreement between Xarcana and the customer regarding the order. In case of contradiction, mandatory legal provisions always prevail.
25. CHANGES TO THESE TERMS
We may modify these Terms and Conditions for future visits and orders. The most recent version will be published on our website. For an already concluded agreement, the terms applicable at the time that agreement came into effect generally apply. Changes are not applied retroactively to the detriment of the customer, unless required by law or the customer validly consents to it.
26. CONTACT AND COMPANY DETAILS
Trade name: Xarcana. Legal entity: Davy Goovaerts, sole proprietorship Registered address: Duffelstraat 21- 2860, Sint-Katelijne-Waver, Belgium. Email for legal questions: legal@xarcana.com. Email for returns: returns@xarcana.com. Phone number: +32491238119. Company number: 1038.035.503. VAT number: BE 1038.035.503