TERMS AND CONDITIONS
These terms and conditions govern your use of our website and how we supply products to you, our lovely customer.
Please read these terms carefully before you place your order with us or access our website as they contain important information. If you think that there is a mistake in these terms, please contact us.
These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.
CONTENTS
1.TERMS AND DEFINITION
1.1 By accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
2. WHO ARE WE?
2.1 We are Carlette Jewellery GMBH a company registered in Schulhausstrasse 36, 6318 Walchwil, Switzerland. Our registered office is in Walchwil. Our company registration number is 1005279015 Our registered VAT number is CHE- 304.057.495.
3. HOW TO CONTACT US?
3.1 You can contact us by emailing our friendly customer service team by writing to us at contact@carlettejewellery.com
4. YOUR REGISTRATION
4.1 You confirm that any personal data you provide when you register an account with us is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your online account. We will only use your personal information as set out in our Privacy Policy.
4.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
5. YOUR ORDER
5.1 Please select your country of delivery and your preferred currency, for payment before browsing to ensure the correct information is displayed on screen.
5.2 To place an order for products on the website, you should press the ‘confirm order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
5.3 At the checkout you will be given an opportunity to review your order, including your full address, to make any amendments prior to placing an order.
5.4 You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the despatch of your products ordered.
5.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then this amount will be refunded to you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because:
(a) the product is out of stock;
(b) we were unable to authorise your payment;
(c) because of unexpected limits on our resources which we could not reasonably plan for;
(d) an error in the price or description of the product;
or
(e) your country of delivery is not mentioned in our delivery possibilities;
5.6 We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.7 The contract will be concluded in English.
6. OUR PRODUCTS
Carlette is not responsible if information made available on this Site is not accurate, complete or current.
6.1 All orders are subject to acceptance and availability, which may vary depending on the shipping destination.
6.2 Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct, however, we cannot guarantee the website’s accuracy.
6.3 The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of colour. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
6.5 If you have any questions or complaints about any product, please contact our customer service team at contact@carlettejewellery.com.
We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
7. DELIVERY
We ship our Carlette both domestically and to a number of international destination. Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.
7.1 It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.
7.2 Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place). We shall not be held liable for any items that are lost, damaged or delayed.
7.3 The costs of delivery will be as displayed to you on our website before you finalise your order, please check these carefully, you consent to this charge when you submit your order.
7.4 When your product is shipped from our warehouse we will send you a despatch confirmation email. Please note that products may arrive in separate parcels and may require a signature.
7.5 A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
8. OUR ONLINE STORE
8.1 Our store is hosted on Shopify Inc. It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment, please see Section 12 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.
8.2 Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
9 PRICE & PAYMENT
9.1 Product prices shown on the website are in swiss francs (CHF) or such other currency as we may offer in your delivery country and are inclusive of VAT. Product prices shown on the website may change regular.
9.2 If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply.
9.3 We accept payment with different credit cards and paypal.
9.4 If you choose a direct payment gateway to complete your purchase, then Shopify Inc. stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
9.5 Full payment is due upon order placement and you will be charged when you press the “Confirm payment” button at the end of the checkout process.
9.6 By placing your order and making an offer to buy a product, you authorise us and Shopify Inc to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g. in order to authenticate your identity.
10. PRODUCT RESTRICTIONS
10.1 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable and you will have the ability to cancel your order for a full refund.
11. LIMITATION OF LIABILITY
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
11.2 We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
11.3 Subject to 11.2, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms.
11.4 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
11.6 We make no warranty that the website and our e-commerce store hosted by Shopify will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
11.7 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Although we will use all reasonable care, we provide no guarantee or warranty that any data or information processed on our behalf by Shopify will be secure.
11.8 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
11.9 We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
12. INDEMNITY
12.1 You agree to fully indemnify, defend and hold us, our group members and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.
13. DATA PROTECTION
13.1 We will only use your personal information as set out in our Privacy Policy.
13.2 Please see our Cookie Policy to learn more about what cookies we use, their nature, purpose and related usage of your personal data.
14. INTELLECTUAL PROPERTY
14.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors.
14.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
15. THIRD PARTY LINKS
15.1 As a convenience to our customers, the website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
15.2 You must not establish any link to our website to suggest any form of association, approval or endorsement on our part where none exists. The website must not be framed on any other site, and you may not create a link to any part of the website other than the home page.
16. DELAY AND EVENTS BEYOND OUR CONTROL
16.1 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
17. COMPLIANCE WITH LAWS
17.1 The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
18. AGE RESTRICTIONS
18.1 By using this site, you represent that you are at least the age of majority in your country, state or province of residence.
19. SEVERANCE
19.1 If any part of the terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.
20 . WAIVER
20.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
21. ENTIRE AGREEMENT
21.1 These terms form the entire basis of any agreement reached between you and us.
22. LAW AND JURISDICTION
22.1 These terms are governed by Swiss law and you can bring legal proceedings in respect of the products in your local courts. Notwithstanding this choice of law, if you are a consumer, you shall be entitled to the protection afforded to you by the mandatory law of the country of your residence.
23. THIRD PARTIES
23.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
24. AMENDMENT
24.1 We reserve the right to change these terms and conditions from time to time but any changes will not apply to any orders placed prior to the change being made.
