ONLINE TERMS OF SALE

1 These Terms

1.1  It is important that you read these terms and conditions of sale ("Terms of Sale") carefully before ordering any Product(s) ("Products") from monicavinader.com ("Site"). Together with our Privacy Policy and Website Terms of Use, these Terms of Sale govern our relationship with you in relation to this Site and your purchase of our Products on this Site.

1.2  We advise you to print a copy of your Order and these Terms of Sale for your information and safe keeping.

1.3  By placing an order for any Product(s) on this Site ("Order") you agree to be bound by these Terms of Sale, and by continuing to access the Site you agree to accept the practices described in these Terms of Sale, which may be updated or changed by us from time to time. A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms of Sale.

1.4  By placing an Order you are offering to purchase a Product on and in accordance with these Terms of Sale. All Orders are dependent on availability and confirmation of the Order price.

2  About Monica Vinader

2.1 We are Monica Vinader Ltd, a company registered in England and Wales at Companies House. Our registered office is Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH, United Kingdom and our registered number is 04428116.
2.2 You can contact us at that address, or via email at customercare@monicavinader.com or by telephone on +44 (0)208 787 5777 between the hours of 9am - 5.30pm GMT, Monday - Friday.

2.3  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  When we use the words "writing" or "written" in these terms, this includes emails

3    The Contract

3.1  Orders are submitted via the Site as set out in this clause.

3.2  Once you are ready to make a purchase, click on "Add to Shopping Bag" to add the Product(s) you wish to purchase to your Shopping Bag. Then proceed by clicking "Proceed to Purchase" to log into our secure servers to complete your Order.

3.3  If this is your first purchase on our Site you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address if you so wish. If you have already registered with us you may enter your sign in details to access your account.

3.4  Once signed in or registered, as the case may be, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your delivery address and input your payment details.

3.5  Once you have finished compiling your Order, you will be asked to confirm that your Order is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us.

3.6  We will then send you a confirmation email (including your order reference number) to acknowledge that we have received your Order ("Confirmation"). This is sent to the email address you register with us. After sending you the Confirmation we will process the payment details you have given to us to take payment for your Order.

3.7  If and when we are able to do so, we will send you a second email confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery.

3.8  Our acceptance of your Order will be complete only when we send a second email to you confirming your Order and dispatch of the Product(s) and after payment is taken from your credit or debit card. Our acceptance of your Order will be considered for all purposes to have been effectively communicated to you at the time Monica Vinader sends an order despatched email and it is at this point that a legally binding contract is formed between you and Monica Vinader for the purchase of Products ("Contract").

3.9  If we are unable to fulfil your Order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your Order to you.

3.10  Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.

4     Making a Change to the Contract

4.1  If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible.

4.2  Unfortunately, if we have already sent you the second email referred to in cl 3.8 we are unable to change your Order, although you will still have the rights to cancel described below.

5    Engraving and Gift Messages

5.1  We are unable to process any engraving request or gift card messages containing profanities or inappropriate language. Where possible, we will contact you to seek an alternative engraving or gift message and we will do this before we send you the second confirmatory email in respect of your Order.

5.2  As outlined at 11.3 below, you do not have any right to (a) cancel your Contract for supply of any Product/s, (b) refund and Product/s and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).

6     Price

6.1   When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. 

6.2 Where you are ordering for delivery to the UK, all prices are inclusive of VAT in the UK.  Delivery charges (where applicable) for delivery to the UK will be shown when you view the Product(s) in your Shopping Bag.

6.3 Where you are ordering for delivery to the European Union, you act as the importer of the Product(s) into the European Union (commonly known as the “Importer of Record”).    The price we display includes import duty and taxes which we shall pay to the relevant authorities on your behalf.  You hereby authorise us to make such payments on your behalf. The import duty, import taxes and delivery charges (where applicable) for delivery to the E.U. are included in the total amount due when you view the Product(s) in your Shopping Bag.

6.4 Where you are ordering for delivery to the United States, we will add any applicable state taxes and any delivery charges and display these in the total amount due on the checkout page.

6.5 Where you are ordering for delivery to anywhere other than the U.K., the European Union or the United States, all prices are inclusive of any applicable import duties or taxes. Delivery charges (where applicable) will be shown when you view the Product(s) in your Shopping Bag.

6.6 The total amount payable by you will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.

6.7  Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.

6.8  It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

7    Promotion and Offer Codes

7.1  To redeem a promotion or offer code ("Code"), insert the Code in the "Voucher / Offer Code" box on the Shopping Bag page of the Site and click "Update". If valid, the Code will be applied.

7.2  In addition to any Code specific terms and conditions, the following conditions apply to all Codes:

7.2.1  Only one code can be used per Order

7.2.2  Codes can only be applied to full price items (Codes cannot be applied to sale items)

7.2.3  Codes are non-transferrable and no cash alternative is available

7.2.4  Orders must be made prior to 23:59 GMT on the closing or expiry date of the Code (if one is specified)

7.2.5  All offers and promotions are dependent on stock availability

7.2.6  Offer codes and promotions may be amended or removed at any time

7.2.7  These Terms of Sale apply to purchases made using a Code

8     Payment

8.1  All payments must be made at the time of Confirmation. Payment for all Orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, American Express, Maestro and Paypal. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.

8.2  For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

8.3  To ensure safe and secure shopping, we are Verisign certified. We also use standard internet encryption technology to provide you with the maximum practicable level of security.

8.4  We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorisation by your bank or payment provider.

9    Delivery

9.1  We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.

9.2  If we have not delivered the Product(s) to you within 30 (thirty) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.

9.3  Ownership of the Product(s) will pass to you on delivery.

10   Damaged or Defective Product(s)

10.1  Except for any specific warranties we offer in relation to any particular Product(s) (including our Five Year Warranty), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s).

10.2  You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our Customer Care Team as soon as possible with your Order reference number to hand.

10.3  If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).

11   Exchanges and Returns

11.1  Without limiting your statutory rights, you may cancel a Contract at any time before your Order is delivered and up to 100 days afterward, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) receives the Product(s). By cancelling the Contract, you may return any Product(s) purchased from us within 100 days and request a refund or an exchange.

11.2  To cancel a Contract, you must clearly inform us, preferably:

11.2.1  in writing (to Returns Department, Monica Vinader Ltd, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk,  NR23 1SH, United Kingdom),

11.2.2  by email (to customercare@monicavinader.com ) or

11.2.3  by telephone (on +44 (0)208 787 5777) giving us your name, address and Order reference number.

11.3  You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).

11.4  You must return the Product(s) to us at your own cost within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (without limiting your rights to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.

11.5  To return (or exchange) the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address (enclosing the exchange / returns form and the delivery note) inside the parcel) and then return it to us, by hand, courier or by recorded delivery mail or other form of certified mail to the following address: "Returns Department, Monica Vinader Ltd, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH, United Kingdom". Products can be exchanged (but not returned) at our UK boutiques.

11.6  If you cancel a Contract between us within the  day period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you), including the cost of standard delivery. If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.

11.7  We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

11.8  Details of your consumer rights to cancel described above, and an explanation of how to exercise them, are provided in the delivery note which accompanies the Product(s).

11.9  For exchanges, if the value of the new Product(s) exceeds the original value of the Product(s), you will be required to pay the difference. Should the value of the new Product(s) be lower than the original value, the difference will be credited to the credit or debit card originally used for the Order.

12  Monica Vinader Five Year Warranty

12.1  Without limiting your statutory rights, all Product is covered by a five year warranty from the date of purchase (under normal conditions of wear and tear). During that five years, Monica Vinader will repair any issue with a Product free of charge on receipt of valid proof of purchase.

13  Exchanges and Returns Without Proof of Purchase

13.1  Without limiting your statutory rights, on presentation of Product(s) without Proof of Purchase, we are happy to offer you a repair for a fee outlined on our Repair Fees table as this changes from time to time.

14  Exchanges and Returns Five Years or More After Purchase Date

14.1  Without limiting your statutory rights, for Product(s) purchased more than five years ago, we are happy to offer you a repair for the fee outlined on our Repair Fees table as this changes from time to time.

15   Liability

15.1  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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2  Nothing in these Terms of Sale will limit our liability for:

15.2.1  fraud; or

15.2.2  death or personal injury caused as a result of our negligence; or

15.2.3  or breach of your legal rights in relation to the Product(s) including the right to receive Product(s) which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.

15.3  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.

16  Notices

16.1  All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms of Sale you give your consent to receive communications from us by email.

16.2  Personal information that you supply to us will only be disclosed by us to a third party in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

17  Privacy

17.1  Our Privacy Policy can be found at Privacy & Security. By consenting to these Terms of Sale, you acknowledge and agree to be bound by the terms of our Privacy Policy, which may be updated from time to time. Please read our Privacy Policy carefully.

18   Intellectual Property

18.1  The entire content of the Site, including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name 'Monica Vinader', is the sole property of Monica Vinader and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.

19   Miscellaneous

19.1  No failure or delay by us in exercising any right or remedy provided by law or under these Terms of Sale and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.

19.2  If any clause of these Terms of Sale is found to be invalid, illegal or unenforceable by any court or authority, that clause or part-clause will be deleted from these Terms of Sale and the validity and enforceability of the rest of these Terms of Sale shall remain unaffected.

19.3  A person who is not a party to a Contract is not entitled to enforce any of its terms (including these Terms of Sale) under the Contracts (Rights of Third Parties) Act 1999.

19.4  We will try and solve any disagreements quickly, fairly and efficiently. However, if you are not happy with the way that we deal with any disagreement and you want to begin court proceedings, you must do this within the United Kingdom.

TERMS & CONDITIONS

MONICA VINADER

ENTRY

1. The Frontline Key Worker (“Discount”) begins at 10:00 GMT on Thursday 9th April 2020 and ends on 31st March 2021  (“Discount Promotion Period”). After this date, the Discount will no longer be valid.

2. Customers must submit a valid Frontline Key Worker email address (NHS, Emergency Services, Social Services or Armed Forces) using the form found here. On validation of their email address a discount code will be sent to the submitted email address within 72 hours. 

3. During the Discount Promotion Period only, eligible customers can enjoy 30% off full price  styles online at www.monicavinader.com. The customer must enter their unique discount code at checkout for the discount to be applied.

4. The discount does not apply to shipping charges.

5. The Promotion Discount cannot be used in conjunction with any other offer.

6. The Promotion is valid for a maximum of five full price transactions. 

7. All entries agree to be added to the Monica Vinader marketing database.

GENERAL

7. The Discount is open to those who submit a valid ‘Frontline Key Worker’ Email Address.

8. The Discount is subject to availability. The Discount is non-transferable, non-refundable, cannot be exchanged and cannot be redeemed for a cash equivalent.

9. The Discount is valid from 10:00 GMT on Thursday 9th April and ends on 31st March 2021   after which time it expires. 

10. The Discount can be used online at monicavinader.com.

11. The Discount cannot be used in conjunction with any other offer.

12. Monica Vinader Online Terms of Sale apply to all product purchased at www.monicavinader.com 

13. Customers are deemed to have accepted and agreed to be bound by these terms and conditions upon usage of the Discount. Monica Vinader Ltd reserves the right to refuse to apply the Discount to anyone in breach of these terms and conditions. The decision of Monica Vinader Ltd regarding any aspect of the Discount is final and binding and no correspondence will be entered into about it.

14. Events may occur that render the Discount itself or the awarding of the Discount impossible due to reasons beyond the control of Monica Vinader Ltd and accordingly they may at their absolute discretion vary, amend or cancel the Discount and customers agree that no liability shall attach to Monica Vinader Ltd as a result thereof.

15. Insofar as is permitted by law, Monica Vinader Ltd, its agents or distributors will not in any circumstances be responsible or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Discount except where it is caused by the negligence, fraud or fraudulent misrepresentation of Monica Vinader Ltd, its agents or distributors or that of their employees.

16. Any dispute arising from, or related to, these Terms and Conditions shall be subject to the laws of England & Wales, and the exclusive jurisdiction of the courts of England &; Wales.

17. The Discount owner is Monica Vinader Ltd, Holkham Studios, Longlands, Holkham Park,Wells-Next-The-Sea, Norfolk, NR23 1SH. For any questions or queries regarding thisDiscount please contact us at customercare@monicavinader.com

Offer details valid from Tuesday, 14 July 2020

Key Conditions to Redeem the Rewards

This is a summary of the key conditions to redeem rewards. It does not replace the full terms & conditions of Mention Me.

Referrer Rewards

• The referrer is offered £20 off subject to a £200 minimum spend for one friend who orders for the first time, £30 off (subject to £200 minimum spend) when two friends order for the first time or £40 off (subject to £200 minimum spend) when three friends order for the first time.
• This offer can be shared for 3 months from the date of acceptance by the referrer.
• Cannot be used in conjunction with any other offer. Applies to full price items only.
• In order for the referral to qualify for the reward the referred friend must be a new customer to Monica Vinader and over the age of 16 and the referred friend must meet the conditions of their reward.
• There is no requirement for the referrer to be an existing Monica Vinader customer.
• In order to share this offer the referrer must be over the age of 16.
• Rewards will be cumulative and so if multiple qualifying referrals are made to Monica Vinader, multiple rewards will be delivered to the referrer, subject to a limit A Referrer may not earn more than 5 within any 24 hour period or 25 within last 12 months or 1500 GBP of reward value within last 12 months. A Referrer should not expect their referred friends to be given rewards automatically if they are referring more frequently than 10 friends within any 24 hour period.
• Rewards will be delivered to the referrer 35 days after the referred friend's purchase provided the referred friend's purchase is not cancelled.
• The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned.
• Rewards will be valid for 3 months from the date earned by the referrer.
• Referral rewards cannot be combined with other discount codes in a single order.
• Monica Vinader reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time.
• Monica Vinader reserves the right to vary any and all elements of this offer at any time without notice.

Referred Friend Rewards

• The Referred friend is offered The Referred friend is offered 15% off when they place their first order.
• The reward is valid for one month from the point of issue to the referred friend.
• Cannot be used in conjunction with any other offer. Applies to full price items only.
• In order to qualify for the reward the referred friend must be a new customer to Monica Vinader and over the age of 16.
• Any rewards will be revoked if a refund is requested on the order for which the reward was offered.
• The Referred friend reward cannot be claimed by the same person making the referral.
• Referred friend rewards cannot be combined with other discount codes in a single order.
• There are limits in place on how many and how frequently referrals can be made by any single referrer. Rewards may not be given if those limits are exceeded.
• Cannot be combined with any other discount or promotion.
• Cannot be redeemed against the purchase of gift vouchers.
• If we cannot uniquely identify the customer via name or email address, the customer is not eligible for the referred offer.
• We will allow inactive customers to claim an introductory offer and become a "new" customer again. An inactive customer is one that has not purchased within the last 12 months.

OR

Referrer Rewards

• The referrer is offered a free Pendant Charm subject to a £200 minimum spend for one friend who orders for the first time, a free Friendship Bracelet (subject to £200 minimum spend) when two friends order for the first time or a free Diamond Bracelet (subject to £200 minimum spend) when three friends order for the first time.
• This offer can be shared for 3 months from the date of acceptance by the referrer.
• Cannot be used in conjunction with any other offer. Applies to full price items only.
• In order for the referral to qualify for the reward the referred friend must be a new customer to Monica Vinader and over the age of 16 and the referred friend must meet the conditions of their reward.
• There is no requirement for the referrer to be an existing Monica Vinader customer.
• In order to share this offer the referrer must be over the age of 16.
• Rewards will be cumulative and so if multiple qualifying referrals are made to Monica Vinader, multiple rewards will be delivered to the referrer, subject to a limit A Referrer may not earn more than 5 within any 24 hour period or 25 within last 12 months or 1500 GBP of reward value within last 12 months. A Referrer should not expect their referred friends to be given rewards automatically if they are referring more frequently than 10 friends within any 24 hour period.
• Rewards will be delivered to the referrer 30 days after the referred friend's purchase provided the referred friend's purchase is not cancelled.
• The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned.
• Rewards will be valid for 3 months from the date earned by the referrer.
• Referral rewards cannot be combined with other discount codes in a single order.
• Monica Vinader reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time.
• Monica Vinader reserves the right to vary any and all elements of this offer at any time without notice.

Referred Friend Rewards

• The Referred friend is offered The Referred friend is offered 15% off when they place their first order..
• The reward is valid for one month from the point of issue to the referred friend.
• Cannot be used in conjunction with any other offer. Applies to full price items only.
• In order to qualify for the reward the referred friend must be a new customer to Monica Vinader and over the age of 16.
• Any rewards will be revoked if a refund is requested on the order for which the reward was offered.
• The Referred friend reward cannot be claimed by the same person making the referral
• Referred friend rewards cannot be combined with other discount codes in a single order.
• There are limits in place on how many and how frequently referrals can be made by any single referrer. Rewards may not be given if those limits are exceeded.
• Cannot be combined with any other discount or promotion.
• Cannot be redeemed against the purchase of gift vouchers.
• If we cannot uniquely identify the customer via name or email address, the customer is not eligible for the referred offer.
• We will allow inactive customers to claim an introductory offer and become a "new" customer again. An inactive customer is one that has not purchased within the last 12 months.

ENTRY

1. The Birthday (“Discount”) begins at 00:01 GMT on 1st January 2020 and ends on 23:59 GMT 31st December 2020  (“Discount Promotion Period”). After this date, the Discount (MV20BIRTHDAY20) will no longer be valid.

2. During the Discount Promotion Period only, the Discount is valid for a maximum of one full price transaction per customer

3. Customer must have provided birthday and be signed up to our newsletter to be provided with The Discount code

4. The Discount is valid for customers who have provided their birthday month

5. Discount code must be entered at checkout to be redeemed

6. The Discount does not apply to shipping charges or gift wrapping charges

7. The Discount does not apply to Accessories range or to Gift Vouchers

8. The Discount cannot be used in conjunction with any other offer

1 Introduction
1.1 This website monicavinader.com (the "Site") is provided and operated by Monica Vinader Ltd ("we", "us" or "our").
1.2 Your use of the Site is subject to these website terms and conditions ("Website Terms") which tell you the basis on which you may make use of the Site.
1.3 Whether you register with us or not you will be bound by these Website Terms in full and you also agree to be bound by the terms of our Privacy Policy which explains the use we are authorised to make of your personal information.
1.4 Your purchase of products which we supply to you through the Site ("Product(s)") is subject to our Terms of Sale.
1.5 Please read these Website Terms carefully. Together with our Privacy Policy and, if you purchase Products through the Site, our Terms of Sale, they govern our relationship with you.
1.6 We may amend these Website Terms at any time by posting the amended terms on the Site. All amended terms will automatically take effect immediately on posting. Please check these Website Terms periodically to inform yourself of any changes. In continuing to use the Site you confirm that you accept the then current Website Terms in full at the time you use the Site.
2 Monica Vinader
2.1 We are Monica Vinader Ltd, a company registered in England and Wales at Companies House. Our registered office is 1-8 Holkham Studios Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH and our registered number is 04428116.
2.2 You can contact us by email at www.monicavinader.com/contact or on +44(0)1485 517194.
3 Registration
3.1 In order to become a registered user of the Site and purchase our Products you will be required to provide some basic personal information.
3.2 You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
4 Use of the Site
4.1 We have made this Site available to you for your own personal non-commercial use. We may modify, withdraw or deny access to this Site at any time.
4.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.
5 Intellectual Property
5.1 The Site and all of its contents including, without limitation, all text, software (including source codes), trademarks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material ("Website Content") is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content (whether registered or unregistered) is owned by us or our licensors. Any rights or licences of the Website Content not expressly granted by these Website Terms are reserved.
5.2 Except as set out in these Website Terms your use of the Website Content without our written permission is strictly prohibited. You may print off one copy, and may download extracts, of any page of the Site for non-commercial, personal use provided that:
5.2.1 you do not modify, distribute, publish, transmit, display, reproduce, create derivative works from, sell, license or otherwise use the Website Content without our written permission;
5.2.2 no graphics are used separately from accompanying text;
5.2.3 our copyright and trademark notices appear in all copies and you acknowledge this Site as the source of the material; and
5.2.4 the person to whom you provide these materials is made aware of these restrictions.
5.3 You may not systematically extract and/or re-utilise parts of the Website Content without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Site without our express written consent.
5.4 In the event that you are found by us to have breached the terms of this clause 5 then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
6 Warranty
6.1 We do not guarantee that the Site will be compatible with any hardware or software which you may use.
6.2 We do not warrant that the Site will be uninterrupted or error free.
6.3 The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws of England and Wales.
7 Liability
7.1 The information contained on the Site is given for general information and interest purposes only. We shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, the information contained within the Site (including the reliance upon any such information), or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. Specifically, please note that some products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques.
7.2 We will not be liable for any third party claims or any business, financial, economic loss or any loss of profit nor for any consequential or indirect loss (such as lost reputation or lost opportunity) whether foreseeable or unforeseeable, arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
7.3 We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Site.
7.4 Nothing in these Website Terms will limit our liability for:
7.4.1 fraud;
7.4.2 death or personal injury caused as a result of our negligence; or
7.4.3 any matter for which it would be unlawful for us to exclude or to attempt to exclude our liability.
8 Cancellation
8.1 On receipt of an email by you to us cancelling your registration we will terminate your registration.
8.2 We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Website Terms.
9 Notices
9.1 We request that all information included in your registration is accurate, current and complete.
9.2 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Website Terms you give your consent to receive communications from us by email.
9.3 Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.
10 Links to and from other websites
The Site may include links to other websites or material. We are not responsible for content on any website outside the Site. Please see our Privacy Policy for more details.
11 Miscellaneous
11.1 No failure or delay by us in exercising any right or remedy provided by law or under these Website Terms and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.
11.2 We will not be responsible for any breach of these Website Terms caused by circumstances beyond our reasonable control.
11.3 If any provision of these Website Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Website Terms which shall remain unaffected.
11.4 These Website Terms (and any document expressly referred to in them, including the Terms of Sale and Privacy Policy) represent the entire agreement between you and us in relation to the subject matter of any Contract.
11.5 These Website Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Here's your pass to some special treatment.

• Shop your way to even more jewellery.
• Every time you use your MV loyalty card, you get closer to rewards.
• Silver Tier: Spend $10,000 and receive 10% off all purchases
• Gold Tier: Spend $50,000 and receive 15% off all purchases AND 20% off during your birthday month

Loyalty Programme Terms and Conditions
These terms and conditions (the "Terms") govern your use of the Monica Vinader Loyalty Card ("Monica Vinader Loyalty Card") and your relationship in relation to the Monica Vinader Loyalty Card programwith Monica Vinader Hong Kong Limited (the "Program"). Please take the time to read these Terms carefully and make sure that you understand them before using your Monica Vinader Loyalty Card. We recommend keeping a copy of the Terms for future reference, although please note that they may be updated from time to time as described below. Your use of the Monica Vinader Loyalty Card will constitute acceptance of these Terms.

1. UNDERSTANDING THESE TERMS
1.1. When we refer to "Monica Vinader," "we," "us" or "our," we mean Monica Vinader Hong Kong Limited, whose registered address is 42/F., Central Plaza, 18 Harbour Road, Wanchai, Hong Kong. When we refer to "you" or "your," we mean you, the Monica Vinader Loyalty Card holder or applicant.
1.2. We have used headings to help you understand these Terms and easily locate information.
1.3. When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms where it was defined.
1.4. These Terms are only available in the English language.

2. OBTAINING YOUR MONICA VINADER LOYALTY CARD
2.1. You can apply for a Monica Vinader Loyalty Card free of charge at any participating Hong Kong Monica Vinader store (subject to availability) by completing your details on the Monica Vinader Data Capture Card. To apply for a Monica Vinader Loyalty Card, you are required to provide a valid email address and certain other information about yourself. You must act truthfully when providing any details about yourself.
2.2. We will handle your information in accordance with section 7 (Your Privacy) below.
2.3. On completion of the registration form, you will be provided with a numbered Monica Vinader Loyalty Card. The number on the card will be your Monica Vinader Hong Kong Loyalty Program Number and can help us identify you as a loyal customer.
2.4. Only one Monica Vinader Loyalty Card can be registered per person.
2.5. To register, participate in the Program and enjoy Benefits (as described in section 3 below), you must be age 18 or over and a resident in Hong Kong. Proof of age may be required before we issue a Monica Vinader Loyalty Card or accept your registration.
2.6. Your Monica Vinader Loyalty Card is issued by, and remains the property of, Monica Vinader and may only be used by the registered user. It may only be used as described in these Terms in participating Monica Vinader stores. Your Monica Vinader Loyalty Card is not a credit card, charge card or debit card and it cannot be used to purchase Monica Vinader products.

3. YOUR BENEFITS
3.1. By becoming a Monica Vinader Loyalty Card holder, you are entitled to certain benefits ("Benefits"), including:
 Silver tier: 10% off all store purchases once you purchased over HKD 10,000 within 365 days
 Gold tier: 15% of all store purchases if you bought over HKD 50,000 within 365 days. As a special benefit, you will be entitled to an additional 5% off during your birthday month (total benefit of 20% off purchases).
Each time you make a purchase that amount (the money you paid, not the value of the purchase) has a 12 month validity timeframe and you are eligible for the benefits of the scheme if you have valid purchases exceeding the amounts mentioned above. We like to think of the system as being similar to Air Miles, you can become a member but you would only enjoy gold and silver privileges as long as you have valid air miles to qualify for and to remain within the tier.
3.2. You may, at our discretion, qualify for additional Benefits after a certain period of time and/or spend with Monica Vinader. We will inform you when you are entitled to these additional Benefits.
3.3. Your Program benefits cannot be used in conjunction with any other offer or benefit. If multiple offers may be redeemed at the time of purchase only the highest offer/benefit applies.

4. ACCRUING BENEFITS
4.1. You can use your Monica Vinader Loyalty Card at any participating Hong Kong Monica Vinader store to earn Benefits on qualifying spend and to enjoy Benefits as further described in these Terms.
4.2. Only purchases made in participating Monica Vinader stores in Hong Kong can be added to your qualifying spend within the Program. Qualifying spend is the total amount you have paid at the store - shown as the total payable amount on your receipt after any discount had been applied. Purchases made on our www.monicavinader.com website or at other global Monica Vinader boutique cannot be counted towards your Program total (is not qualifying spend).
4.3. To earn Benefits related to a transaction, you must be a valid member of the Monica Vinader Loyalty Card Program at the time of the purchase. Your qualifying spend may be added to your account even if you do not have your Monica Vinader Loyalty Card with you, however Monica Vinader reserves the right to not provide you with this service at the store staff's discretion if your loyalty account cannot be found for whatever reason (wrong information given at the time of the purchase, IT system not working properly, etc.).
4.4. Certain items do not count toward the qualifying spend, including gift cards, services and shipping. If you are unsure whether an item qualifies, please speak to a member of the Monica Vinader store staff.
4.5. Benefits may not be redeemed in conjunction with any other offer, and no cash alternative is available to the Benefits.
4.6. Benefits are exclusive to the individual cardholder and cannot be pooled with Benefits accrued by another individual and redeemed together. You cannot transfer your Benefits to any other person.
4.7. Benefits are subject to change from time to time and Monica Vinader may withdraw the Program at any time.
4.8. To check the status of your loyalty account, please contact any participating Monica Vinader Hong Kong store. Contact details may be found on our website www.monicavinader.com.

5. LOST OR STOLEN MONICA VINADER LOYALTY CARDS
5.1. Please notify us immediately if your card is lost, damaged or stolen. To report your Monica Vinader Loyalty Card lost, damaged or stolen, you must contact any participating Monica Vinader Hong Kong store. Contact details may be found on our website www.monicavinader.com. Your replacement card will be sent to your registered address.
5.2. Monica Vinader is not liable for lost, damaged or stolen Monica Vinader Loyalty Cards. However, we may (at our sole discretion) replace any lost, damaged or stolen Monica Vinader Loyalty Card with a new Monica Vinader Loyalty Card with the Benefits remaining from the original Monica Vinader Loyalty Card transferred at the time that the new Monica Vinader Loyalty Card is issued to you.

6. LIMITATIONS ON THE USE OF YOUR MONICA VINADER LOYALTY CARD
6.1. Monica Vinader Loyalty Cards may not be sold, exchanged or used for any other purpose, except as specified in these Terms, without our written permission.
6.2. For reasons outside of our control, Monica Vinader does not warrant or represent that your Monica Vinader Loyalty Card will always be accepted at participating Monica Vinader stores. For example, in the unlikely event of a failure of Monica Vinader IT systems, Monica Vinader may not be able to process your Benefits.
6.3. Monica Vinader reserves the right to refuse to accept a Monica Vinader Loyalty Card or to limit the use of a Monica Vinader Loyalty Card that it deems to have been tampered with, duplicated, damaged or that otherwise is suspected to be affected by fraud, misuse or unauthorized use. Monica Vinader may withdraw or cancel your Monica Vinader Loyalty Card or take any other action it may deem appropriate if it suspects fraud, misuse or unauthorized use of your Monica Vinader Loyalty Card. The Monica Vinader Loyalty Card shall become invalid once cancelled in such circumstances and you will not be able to use any Benefits through your Monica Vinader Loyalty Card.
6.4. These Terms are between you and Monica Vinader and may not be enforced by any other person.
6.5. As between you and us, we own all intellectual property rights in the Monica Vinader Loyalty Card and the Program.

7. YOUR PRIVACY
7.1. Our privacy policy (available at www.monicavinader.com) will govern our use of personal data through the Program. You should familiarize yourself with this privacy policy and check it regularly so that you are always informed of the latest version. When you sign up for the Program, you may opt-in to our newsletter which would be sent to you weekly.
7.2. The information that you provide will be collected by Monica Vinader Hong Kong Limited. We will use the information that you provide to administer and manage our Program. We will add your information to other information you provide to Monica Vinader from time to time, such as previous transactions and communications with you. We may send you communications about Monica Vinader products, services and events. We work with reputable third parties for the above purposes and to help us better understand purchasing trends, statistics and your preferences.
7.3. If you would like to contact us about how we use your information or if you no longer wish to receive marketing communications from us or any of our family of brands, please email us at www.monicavinader.com/contact.

8. YOUR CANCELLATION OF YOUR MONICA VINADER LOYALTY CARD
8.1. You have the right to cancel your Monica Vinader Loyalty Card at any time, but you will lose the right to enjoy your acquired Benefits.
8.2. If you wish to cancel your Monica Vinader Loyalty Card, you must contact any participating Monica Vinader Hong Kong store. Contact details may be found on our website www.monicavinader.com.

9. MONICA VINADER'S LIABILITY AND EXCLUSION OF WARRANTIES
9.1. So far as is permitted by law and subject to clause 9.2, Monica Vinader's maximum liability to you in relation to these Terms and your use of the Monica Vinader Loyalty Card shall not exceed the amount spent over the previous twelve (12) months.
9.2. We do not in any way exclude or limit our liability for:
9.2.1. death or personal injury caused by our negligence;
9.2.2. fraud or fraudulent misrepresentation; or
9.2.3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.3. Monica Vinader will endeavour to provide the services relating to your Monica Vinader Loyalty Card using reasonable skill and care. All other warranties, representations, conditions and terms, whether express or implied, written or oral, are hereby expressly excluded to the fullest extent permitted by law.
9.4. Monica Vinader shall not, in any case, be liable to you for any matter that is beyond Monica Vinader's reasonable control, including the availability of any Benefit.
9.5. Notwithstanding the above, nothing in these Terms shall affect your statutory rights.

10. AMENDMENT OF THESE TERMS AND TERMINATION
10.1. Monica Vinader reserves the right to amend these Terms at any time or withdraw the Monica Vinader Loyalty Card scheme with reasonable notice. Any such changes will be sent to you the email address you provided at the moment you signed up or posted on the Monica Vinader website.
10.2. We may also notify you of any change, deletion or addition by email using the email address provided by you at registration. The amended Terms will apply to your continued use of the Monica Vinader Loyalty Card.
10.3. Where we intend to withdraw the Monica Vinader Loyalty Card scheme, we will endeavour to give you 30 days' notice.

11. GOVERNING LAW AND JURISDICTION
11.1. These Terms are governed by Hong Kong law.
11.2. You and we both agree that the courts of Hong Kong will have jurisdiction of any disputes.
11.3. These Terms (together with the documents referred to in them) represent the entire agreement between you and Monica Vinader in relation to your use of your Monica Vinader Loyalty Card.
11.4. If any provision of these Terms shall be invalid or unenforceable, then the remainder of all other provisions of the Terms shall remain valid and enforceable.

12. CONTACT US
If you have any general inquiries about the Monica Vinader Loyalty Card program or a query regarding your Monica Vinader Loyalty Card, please contact us at any participating Monica Vinader Hong Kong store. Contact details may be found on our website www.monicavinader.com.

All the details on the cookies we use and how we use them can be found in Third Party Cookies.

PRIVACY NOTICE

Introduction

This notice applies to any online and mobile website, application and digital service ("Services") of Monica Vinader Limited ("Monica Vinader", "we", "us" or "our"), as well as any information that we collect about you when you visit one of our stores in person.

It also describes your data protection rights, including a right to object to some of the processing which Monica Vinader carries out (e.g. direct marketing). More information about your rights, and how to exercise them, is set out in the “What rights do I have?” section. You can also learn about cookies and similar technology in this notice.

What information do we collect?

The following categories of personal data will be collected about you in connection with your interaction with us and use of our Services including, but not limited to, when you purchase products on our Services, you complete forms on our Services, submit user-generated reviews or ratings, engage in any social media functions on our Services, and when you visit one of our stores in person.

Information you give us

personal identification information such as, your name, date of birth and gender;

contact information such as, email address and telephone number;

demographic information: such as, postal address;

financial information: such as, credit/debit card numbers;

your purchase history;

if you have completed a survey or entered a competition with us;

if you contact us by phone, email or otherwise, we will keep a record of that correspondence; and

your marketing preferences, including any consents you have given us when you subscribe to our newsletter or set up an online account.

Information we collect automatically

information related to the browser, device or operating system you use to access our Services;

your IP address, the website you came from, information on actions taken on our Services including but not limited to pages viewed, dated and times of visits, time spent on each page, products viewed, clicked on, added to your basket and purchased;

Information we receive from third parties

Sometimes we receive personal data about you from third parties when you engage with our Services through social media, or other non-Monica Vinader sites or applications, those sites will share personal data with us including, but not limited to:

the content you have viewed or interacted with;

about adverts within the content which you have been shown or clicked on;

your IP address, registered beacons or GPS (geo location) signals you have received;

publically available information; and

non-personal information used to supplement existing information, such as demographics and affluence metrics (e.g. social-demographic groupings through matching postcodes).

The privacy notices for these sites and applications will contain more detail about this and how to change your privacy settings on those sites and applications.

How do we use this information, and what is the legal basis for this use?

We process your personal data for the following purposes:

To fulfil a contract, or take steps linked to a contract including fulfilling any orders your place. This includes:

    a) processing your order, registration for the Services, or entry to a competition;

    b) providing the Services, to communicate with you about them or your account with us;

    c) communicating with you (including by email and SMS) and providing our customer services;

    d) verifying your identity; and

    e) sending you information about changes to our terms or policies.

To conduct our business and pursue our legitimate interests, in particular:

    a) we will use your personal data to provide products and Services you have requested, and respond to any comments or complaints you may send us;

    b) we monitor use of our Services, and use your personal data to help us monitor, improve and protect our products, content, Services and websites, both online and offline;

    c) we use your personal data to personalise our products and Services for you;

    d) to prevent, investigate and/or report fraud, misrepresentation, security incidents or crime, in accordance with applicable law;

    e) we use information you provide to investigate any complaints received from you or from others, about our website or our products or services;

    f) we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); 

    g) to create a profile of your interests and preferences, and personalise content and advertising for you, so that you only receive content and marketing communications that are relevant to you; 

    h) where you have purchased products from us, to send you marketing emails and texts, unless you have either: asked us not to; or, we have asked for your consent, in which case your consent will form the appropriate lawful basis for our data processing; and

    i) to send you marketing communications by post.

Where you give us your consent, we will use your personal data:

    a) to send you newsletters and other promotional material about our Services by email and text (for instance, this will include where you have signed up to receive our newsletters, or have provided us with your consent to receive marketing communications at the point of checkout or when setting up an account), and to use technologies to check if these have been received and opened to help make our communications relevant to you. Please note that in certain circumstances, we may be relying on our legitimate interests to send you marketing emails (see above);

    b) to place cookies and use similar tracking technologies (as set out in the "Cookies" section and the information provided to you when those technologies are used);

    c) to invite you to take part in market research (where consent is required); and

    d) on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

For purposes which are required by law:

    a) in response to requests by government or law enforcement authorities conducting an investigation.

Relying on our legitimate interests

We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out below.

Who will we share this data with, where and when?

With your consent (where required), we share your personal data with trusted third-party service providers, suppliers, affiliates, divisions, partners, sponsors, agents and representatives we have engaged to perform business-related functions on our behalf. For example, to: (i) conduct research and analytics; (ii) create content; (iii) provide customer support services; (iv) maintain databases (v) fulfil orders; (vi) handle payments; (vii) host Services; (viii) administer contests; (ix) with service providers that conduct or support marketing including service providers in the US and UK that send postal marketing on our behalf and (x) third party providers who may send you direct mail. 

To help us find new customers for our business we are a member of UK and US co-operatives, an alliance of UK and US retail brands that pool and share transactional information. We work with 3rd party companies such as Epsilon Abacus and CONEXANCE, that process customer transactional data on behalf of each member. The participating retailers in the co-op operate in numerous categories including clothing, collectables, food & wine, gardening, gadgets & entertainment, health & beauty, household goods, home interiors and travel & leisure. They share information on what their customers buy, allowing us to identify and send an introduction from us via post, to suitable prospects that are likely to be interested in buying from us.

We may also share email addresses and other data from our US and UK customer database with carefully selected US and UK based companies (e.g. Epsilon Abacus and CONEXANCE) that help us cross reference email addresses of customers to identify postal addresses, to allow us to send mailings by post. 

We may also share email addresses and other data from our UK customer database with carefully selected UK based companies (e.g. Reward Insight) that help us cross reference email addresses of customers to identify whether a user has purchased from Monica Vinader before to allow us to serve them a specific offer.

In all cases, the third party is acting on Monica Vinader’s express instructions and in accordance with this Policy, confidentiality and levels of security.

Without your consent, we share your personal data:

    a) with third party platforms such as Facebook or Google to send you targeted advertisements on our behalf;

    b) in response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency's request;

    c) with third parties if this will help us to enforce our policies and terms of use, to check for potential illegal activity (such as copyright infringement or fraud) or to protect the safety of other users of the Services; and

    d) if we, or one of our business units, undergoes a business transition, like a merger, acquisition by another company, or sale of all or part of our assets.

We operate globally, so we do need to transfer your personal data internationally. In particular, your personal data will be transferred to and processed in Australia, Canada, Chile, European Economic Area, Hong Kong, Singapore, Taiwan and the United States.

Where information is transferred outside the EEA, and where this is to a stakeholder or vendor in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor's Processor Binding Corporate Rules.

How long will you retain my data?

Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.

Where we process personal data in connection with performing a contract or for a competition, we keep the data for 6 years.

Where we process registration data, excluding in the circumstances outlined above, we retain your data for 6 years.

What rights do I have?

You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.

You can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to any request you make.

To exercise any of these rights, or to obtain other information, such as a copy of a legitimate interests balancing test, you can get in touch with us using the details set out below. If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.

Where we require your personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us.

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent to send you marketing communications (for instance, where you have signed up to our newsletter, or have provided us with your consent to receive marketing communications at the point of checkout or when setting up an account), you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests (for instance, where you are already a customer).

In any case, you can unsubscribe from receiving our marketing emails by clicking on the unsubscribe link at the bottom of our emails, or by contacting us using the details set out below. You can also update your marketing preferences in your customer account on www.Monicavinader.com at any time.  Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.   

You also have an absolute right to opt-out of all data processing that we carry out for marketing purposes (this includes receiving marketing emails, and profiling whereby we tailor the content, adverts and marketing communications that you receive about our products and services), at any time, by contacting customercare@monicavinader.com or by writing to Customer Care, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH.

SECURITY MEASURES

We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorised access, to maintain data security, and to use correctly the personal data we collect online.

These safeguards vary based on the sensitivity of the personal data that we collect and store.

Although we take appropriate measures to safeguard against unauthorised disclosures of personal data, we cannot assure you that your personal data will never be disclosed, altered or destroyed in a manner that is inconsistent with this privacy notice.

Children's Privacy

Our Services do not target and are not intended to attract children under the age of 18. We do not knowingly solicit personal data from children under the age of 18 or send them requests for personal information.

Cookies

When you visit the Services we may store some information (commonly known as a "cookie" or similar technologies) on your device. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies are specific to the server that created them and cannot be accessed by other servers, which means that they cannot be used to track your movements around the web.

Cookies can be categorised in accordance with the categories found in the ICC UK Cookie guide as set out below:

    a) strictly necessary cookies - these cookies are essential in order to enable you to move around a website and use its features and enable services you have specifically asked for. Consent is not generally required for these cookies;

    b) performance cookies - these collect information about how visitors use a website, for example, by recording which pages users go to most often (usually on an anonymous basis);

    c) functionality cookies - these cookies allow a website to remember the choices a user makes, such as a user name or language preference; and

    d) targeting or advertising cookies - these collect information about a user's browsing habits and are usually placed by advertising networks with the website operator's permission.

Cookies can also be categorised in accordance with how long they are saved on your device. "Session cookies" are short-term cookies that are only saved on the computer's memory for the duration of a user's visit to the website, whereas "persistent cookies" remain saved in the computer's memory for a set period of time, even after the browser session has ended.

How to manage & remove cookies

If you are using our Services via a browser you can change your cookie preferences and withdraw your consent at any time using the Cookie Preferences Centre.

You can find more detail about the third parties which place cookies on our Services here.

The Help menu on the menu bar of most browsers also tells you how to prevent your browser from accepting new cookies, how to delete old cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.

If you are using our Services via an application, then you can change your consent by following the relevant application’s directions. In addition, the operating system for your device provides instructions on how to prevent tailored advertising and how to reset your device's advertising identifier.

Who is the data controller?

The data controller for your information is Monica Vinader Ltd which you have a relationship with or which manages the website you have visited. Please find our contact details below.

How do I get in touch with you?

We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt out of direct marketing, you can get in touch at customercare@monicavinader.com or by writing to Customer Care, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH.

Changes to this Privacy Notice

From time to time, we may update this notice. We will notify you about any upcoming material changes by either sending you an email to the email address you most recently provided to us or by prominently posting a notice on our Services. We encourage you to periodically check back and review this notice so that you know what personal data we collect, how we use it, and with whom we share it

ONLINE TERMS OF SALE

1. These Terms

   1. It is important that you read these terms and conditions of sale ("Terms of Sale") carefully before ordering any Product(s) ("Products") from monicavinader.com ("Site"). Together with our Privacy Policy and Website Terms of Use, these Terms of Sale govern our relationship with you in relation to this Site and your purchase of our Products on this Site.

   2. We advise you to print a copy of your Order and these Terms of Sale for your information and safe keeping.

   3. By placing an order for any Product(s) on this Site ("Order") you agree to be bound by these Terms of Sale, and by continuing to access the Site you agree to accept the practices described in these Terms of Sale, which may be updated or changed by us from time to time. 

   4. By placing an Order you are offering to purchase a Product on and in accordance with these Terms of Sale. All Orders are dependent on availability and confirmation of the Order price.

2. About Monica Vinader

   1. We are Monica Vinader Inc (registration number 5802638), a company registered in United States of America at 28 Old Rudnick Ln, Dover, DE 19901

   2. You can contact us at that address, or via email at www.monicavinader.com/contact or by telephone on 1 855 999 8538 (toll free) between the hours of 6am – 5.00pm EST, Monday – Friday.

   3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

   4. When we use the words "writing" or "written" in these terms, this includes emails.

3. The Contract

   1. Orders are submitted via the Site as set out in this clause.

   2. Once you are ready to make a purchase, click on "Add to Shopping Bag" to add the Product(s) you wish to purchase to your Shopping Bag. Then proceed by clicking "Proceed to Purchase" to log into our secure servers to complete your Order.

   3. If this is your first purchase on our Site you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address if you so wish. If you have already registered with us you may enter your sign in details to access your account.

   4. Once signed in or registered, as the case may be, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your delivery address and input your payment details.

   5. Once you have finished compiling your Order, you will be asked to confirm that your Order is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us.

   6. We will then send you a confirmation email (including your order reference number) to acknowledge that we have received your Order ("Confirmation"). This is sent to the email address you register with us. After sending you the Confirmation we will process the payment details you have given to us to take payment for your Order.

   7. If and when we are able to do so, we will send you a second email confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery.

   8. Our acceptance of your Order will be complete only when we send a second email to you confirming your Order and dispatch of the Product(s) and after payment is taken from your credit or debit card. Our acceptance of your Order will be considered for all purposes to have been effectively communicated to you at the time Monica Vinader sends an order dispatched email and it is at this point that a legally binding contract is formed between you and Monica Vinader for the purchase of Products ("Contract").

   9. If we are unable to fulfil your Order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your Order to you.

   10. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.

4. Making a Change to the Contract

   1. If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible.

   2. Unfortunately, if we have already sent you the second email referred to in cl 3.8 we are unable to change your Order, although you will still have the rights to cancel described below.

5. Engraving and Gift Messages

   1. We are unable to process any engraving request or gift card messages containing profanities or inappropriate language. Where possible, we will contact you to seek an alternative engraving or gift message and we will do this before we send you the second confirmatory email in respect of your Order.

   2. As outlined at 11.3 below, you do not have any right to (a) cancel your Contract for supply of any Product/s, (b) refund and Product/s and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).

6. Price

   1. When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. 

   2. Where you are ordering for delivery to the UK, all prices are inclusive of VAT in the UK.  Delivery charges (where applicable) for delivery to the UK will be shown when you view the Product(s) in your Shopping Bag.
      
      

   3. Where you are ordering for delivery to the European Union, you act as the importer of the Product(s) into the European Union (commonly known as the “Importer of Record”).    The price we display includes import duty and taxes which we shall pay to the relevant authorities on your behalf.  You hereby authorise us to make such payments on your behalf. The import duty, import taxes and delivery charges (where applicable) for delivery to the E.U. are included in the total amount due when you view the Product(s) in your Shopping Bag.

   4. Where you are ordering for delivery to the United States, we will add any applicable state taxes and any delivery charges and display these in the total amount due on the checkout page.

   5. Where you are ordering for delivery to anywhere other than the U.K., the European Union or the United States, all prices are inclusive of any applicable import duties or taxes. Delivery charges (where applicable) will be shown when you view the Product(s) in your Shopping Bag.

   6. The total amount payable by you will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.

   7. Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.

   8. It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

7. Promotion and Offer Codes

   1. To redeem a promotion or offer code ("Code"), insert the Code in the "Voucher / Offer Code" box on the Shopping Bag page of the Site and click "Update". If valid, the Code will be applied.

   2. In addition to any Code specific terms and conditions, the following conditions apply to all Codes:

      1. Only one code can be used per Order

      2. Codes can only be applied to full price items (Codes cannot be applied to sale items)

      3. Codes are non-transferrable and no cash alternative is available

      4. Orders must be made prior to 23:59 GMT on the closing or expiry date of the Code (if one is specified)

      5. All offers and promotions are dependent on stock availability

      6. Offer codes and promotions may be amended or removed at any time

      7. These Terms of Sale apply to purchases made using a Code

8. Payment

   1. All payments must be made at the time of Confirmation. Payment for all Orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, American Express, Maestro and Paypal. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.

   2. For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorization and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

   3. To ensure safe and secure shopping, we are Verisign certified. We also use standard internet encryption technology to provide you with the maximum practicable level of security.

   4. We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorization by your bank or payment provider.

9. Delivery

   1. We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.

   2. If we have not delivered the Product(s) to you within 30 (thirty) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.

   3. Ownership of the Product(s) will pass to you on delivery.

10. Damaged or Defective Product(s)

    1. Except for any specific warranties we offer in relation to any particular Product(s) (including our Five Year Warranty), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s).

    2. You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our Customer Care Team as soon as possible with your Order reference number to hand.

    3. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).

11. Exchanges and Returns

    1. Without limiting your statutory rights, you may cancel a Contract at any time before your Order is delivered and up to 100 days afterward, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) receives the Product(s). By cancelling the Contract, you may return any Product(s) purchased from us within 100 days and request a refund or an exchange.

    2. To cancel a Contract, you must clearly inform us, preferably:

       1. in writing (to Returns Department, Monica Vinader Inc, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk,  NR23 1SH, United Kingdom),

       2. by email (to email at www.monicavinader.com/contact ) or

       3. by telephone (on 1855 753 5555 (toll free)) giving us your name, address and Order reference number.

    3. You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).

    4. You must return the Product(s) to us at your own cost within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (without limiting your rights to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.

    5. To return (or exchange) the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address (enclosing the exchange / returns form and the delivery note) inside the parcel) and then return it to us, by hand, courier or by recorded delivery mail or other form of certified mail to the following address: "Returns Department, Monica Vinader Inc, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH, United Kingdom". Products can be exchanged (but not returned) at our UK boutiques.

    6. If you cancel a Contract between us within the 100 day period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you), including the cost of standard delivery. If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.

    7. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

    8. Details of your consumer rights to cancel described above, and an explanation of how to exercise them, are provided in the delivery note which accompanies the Product(s).

    9. For exchanges, if the value of the new Product(s) exceeds the original value of the Product(s), you will be required to pay the difference. Should the value of the new Product(s) be lower than the original value, the difference will be credited to the credit or debit card originally used for the Order.

12. Monica Vinader FiveYear Warranty

    1. Without limiting your statutory rights, all Product is covered by a five year warranty from the date of purchase (under normal conditions of wear and tear). During that five years, Monica Vinader will repair any issue with a Product free of charge on receipt of valid proof of purchase.

13. Exchanges and Returns Without Proof of Purchase

    1. Without limiting your statutory rights, on presentation of Product(s) without Proof of Purchase, we are happy to offer you a repair for a fee outlined on our Repair Fees table as this changes from time to time.

14. Exchanges and Returns Five Years or More After Purchase Date

    1. Without limiting your statutory rights, for Product(s) purchased more than five years ago, we are happy to offer you a repair for the fee outlined on our Repair Fees table as this changes from time to time.

15. Disclaimer and Limitations on Our Liability

    1. You use the site at your own risk.  The site is provided on an “as is” and “as available” basis.  To the extent permitted by applicable law, our company and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“affiliates”) disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.  

    2. In particular, our company and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site, or the content of any websites or online services linked to or integrated with the site.  Our company and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the site; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the site. 

    3. You understand and agree that any material or information downloaded or otherwise obtained through the use of the site is done at your own risk and that you will be solely responsible for any damage arising from doing so.  No advice or information, whether oral or written, obtained by you from us or through the site will create any warranty not expressly made.

    4. To the maximum extent permitted by applicable law, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products arising out of or in connection with these terms of sale, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we’ve been advised of the possibility of such damages.  

    5. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these terms of sale, from all causes of action and all theories of liability, will be limited to and will not exceed the amount you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability.  

    6. You understand and agree that we have set our prices and entered into these Terms of Sale with you in reliance upon the limitations of liability set forth in these Terms of Sale, which allocate risk between us and form the basis of a bargain between the parties.

16. Indemnification

    1. You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms of Sale by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

17. Notices

    1. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms of Sale you give your consent to receive communications from us by email.

    2. Personal information that you supply to us will only be disclosed by us to a third party in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

18. Privacy

    1. Our Privacy Policy can be found at Privacy & Security. By consenting to these Terms of Sale, you acknowledge and agree to be bound by the terms of our Privacy Policy, which may be updated from time to time. Please read our Privacy Policy carefully.

19. Acceptable Use of the Site

    1. You are responsible for your use of the Site, and for any use of the Site made using your account. When you use the Site, you may not: (a) violate any law or regulation; (b) violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; (c) post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (d) send unsolicited or unauthorized advertising or commercial communications, such as spam; (e) engage in spidering or harvesting, or participate in the use of software, including spyware designed to collect data from the Site; (f) transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; (g) stalk, harass, or harm another individual; (h) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; (i) use any means to scrape or crawl any web pages contained in the Site; (j) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site; (k) attempt to decipher, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or (l) advocate, encourage, or assist any third party in doing any of the foregoing. 

20. Intellectual Property

    1. We own the entire content of the Site, including all right, title and interest in and to the software, text, media, jewelry design (“Our Content”), and our trademarks, logos and brand elements (“Marks”). The Site, Our Content and our Marks are all protected under U.S. and international laws. The look and feel of the Site are copyright © Monica Vinader Inc. All rights are reserved.     You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of Our Content or copies of Our Content supplied to you or which appears on the Site nor may you use any such Content in connection with any business or commercial enterprise without the express written permission from Monica Vinader Inc.

21. Arbitration Agreement & Waiver of Certain Rights

    1. You and Monica Vinader Inc agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Monica Vinader Inc hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Monica Vinader Inc relating to these Terms of Sale or the offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. 

    2. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Monica Vinader Inc will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. 

    3. This arbitration agreement does not preclude you or Monica Vinader Inc from seeking action by federal, state, or local government agencies. You and Monica Vinader Inc also have the right to bring qualifying claims in small claims court. In addition, you and Monica Vinader Inc retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Sale, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Sale.

    4. Neither you nor Monica Vinader Inc may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Monica Vinader Inc’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. 

    5. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Sale will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Sale.  This Section of the Terms of Sale will survive the termination of your relationship with Monica Vinader Inc.

    6. This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA Rules, and the right to certain remedies and forms of relief.  Other rights that you or Monica Vinader Inc would have in court also may not be available in arbitration.

22. Miscellaneous

1. No failure or delay by us in exercising any right or remedy provided by law or under these Terms of Sale and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.

2. If any clause of these Terms of Sale is found to be invalid, illegal or unenforceable by any court or authority, that clause or part-clause will be deleted from these Terms of Sale and the validity and enforceability of the rest of these Terms of Sale shall remain unaffected.

3. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. 

4. These Terms of Sale will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms of Sale or the Site will be filed only in the state or federal courts located in New York, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

5. We may assign our rights and obligations under these Terms of Sale, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. 

6. From time to time, we may change these Terms of Sale.  A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms of Sale.

Privacy Policy

Your information privacy is extremely important to us. We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use monicavinader.com (“Site”) and any Monica Vinader Inc mobile application, application programming interfaces, and other services offered by Monica Vinader Inc (“Services”). This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). This Privacy Policy applies to all users of the Site. The Site and Services are provided by Monica Vinader Inc (“Company” “we” “our” “us”).

TO THE EXTENT ALLOWED BY LAW, BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY.

1. Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain marketing communications by changing the relevant settings in your account or by e-mailing us at customercare@monicavinader.com. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account or order. If you have questions or concerns regarding this Privacy Policy, please e-mail us at the same address.

2. Personal Information

We collect information that personally identifies you, such as your name, date of birth, gender, address, phone number, mobile phone number, e-mail, postal address, your purchase history, payment information, and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”). You may be asked to provide us with Personal Information when you register with the Site, and at other times.

3.Usage Data and Site Activity

We automatically collect information regarding the actions you take on the Site (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser and device that you use, your operating system, your Internet Service Provider, your IP address, the pages you view or click on, the products that you add to your basket and purchase, and the time and duration of your visits to the Site. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.

4. Cookies and Anonymous Identifiers.

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze use of and improve the Site and Services and as described in the Advertising and Online Tracking Section of this Privacy Policy. We do not use cookies to collect Personal Information. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Service Providers (defined below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We use Google Analytics on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

5. How We Use Information and When We May Share and Disclose Information Generally

We use Personal Information for different purposes, such as to provide you with the Site and Services, including to send you alerts about your account; to fulfill a contract or take steps linked to a contract (i.e. fulfilling any orders you place); to provide you with products and services that you have requested; to respond to comments or complaints that you may send us; to improve and protect our products, content, Services, and the Site, both offline and online; to personalize our products and services to you; to prevent, investigate and/or report fraud, misrepresentation, security incidents or crime, in accordance with applicable law; to investigate any complaints received from you or from others about our Site, products or services; in connection with legal claims, compliance, regulatory and investigative purposes as necessary; and to otherwise communicate with you about our Company. We may also use your Personal Information to provide more relevant search results from the search functions of the Site and the Services. Except as explained in this Privacy Policy, we will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent. From time to time we may share, exchange and/or cross-reference our postal mailing list with select providers of goods and services that, in turn, may contact you regarding products and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by emailing us at customercare@monicavinader.com and clearly stating your request, including your name, mailing address, e-mail address and phone number. We also may disclose to third parties, certain Usage Data regarding the Site and Services. However, in such cases, your Usage Data is aggregated with the Usage Data of others and does not identify you individually.

6. Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, order fulfillment, research and analytics, content creation, customer support services, data storage and management, verification of your contact information, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

7. Advertising and Online Tracking

We may allow third-party companies to serve ads and collect certain anonymous information when you visit the Site and Services. These companies may use non-personally identifiable information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us. You can learn about this in the “Managing Your Information Preferences” section of this Privacy Policy.

8. Notice to California Residents/Your California Privacy Rights

To opt out of sharing your Personal Information with third parties for their direct marketing purposes, please e-mail us at customercare@monicavinader.com and clearly state your request, including your name, mailing address, e-mail address and phone number. Please see Section 1 (Managing Your Information Preferences) above for additional information.

9. Other Transfers

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

10. Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

11. Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

12. Links

Our Site and Services may contain links to other websites or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

13. Children’s Privacy

The Site and Services are intended for users who are 18 years old or older. We do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records. California users under the age of 18 may request the removal of their content or information publicly posted on the Site or Services by e-mailing us at customercare@monicavinader.com. Please note that most of the user content that appears on our Site of Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.

14. Processing of Personal Information

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. Please be advised that we may process and store information in the United Kingdom. By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information.

15. Privacy Policy Changes

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy. By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.

Introduction

Monica Vinader maintains a longstanding commitment to responsible and sustainable business practices, including respect for human rights.  As a member of the Responsible Jewellery Council (RJC), we have signed up to supply chain principles and associated safeguards prescribed by the RJC, including independent auditing of supply chains and the furthering of ethical and environmentally-sustainable operations.

We welcome the transparency that the Modern Slavery Act requires, and we are committed to combating slavery, forced labour, human trafficking and other unlawful and/or unethical practices throughout our business and our supply chains.

Organization’s Structure and Business

Since its debut in 2008, Monica Vinader has developed an internationally-renowned luxury jewellery brand, operating from office space in Norfolk and London, and boutiques globally as well as on-line.  The Company has since won Brand of the Year at the UK Jewellery Awards, and its products are now stocked by global luxury retailers including Harrods, Selfridges, Liberty, Net-A-Porter and Nordstrom.  

Our Supply Chain

One of our core values is respect for all those with whom we work. Our supply chain encompasses the provision of goods and services, both within and outside the U.K.  We engage with approximately 7 suppliers of valuable metals, gemstones and diamonds used in the manufacture of our products (“Product Suppliers”). Such Product Suppliers currently operate factories operating in India, Thailand and Italy.  

Our Commitment to Human Rights

Monica Vinader is committed to ensuring there is no slavery, forced labour or human trafficking occurring in our supply chains, or indeed any other part of our business.  

We expect our employees to uphold the firm’s core values of excellence, integrity and social responsibility encompassed in our Responsible Business Policy and RJC Codes.  In addition, we actively encourage employees to raise any behaviors or activities they believe to be unlawful or unethical in any part of our business or operations.

We also expect all our suppliers to adhere to the highest legal and ethical standards, and to operate free from discrimination, slavery, forced labour and human trafficking.  

We aim to ensure our Product Suppliers in particular meet these high standards by a combination of the following:

1. Supplier Social Compliance

All suppliers undergo an annual workplace conditions assessment (WCA) audit, conducted by Intertek.  WCA is a social compliance audit which tracks and evaluates key areas such as labour, wages, health and safety, management systems and environment conditions (http://www.intertek.com/business-assurance/supplier-management/workplace-conditions/).  Our suppliers are notified of any non-conformance concerns and performance is monitored appropriately including follow up audits, to ensure that standards are met.  Audits are undertaken at least every 12 months.

2. Supplier Visibility

Consistent with standard anti-corruption/bribery practices, we believe firmly in the value of due diligence, and the importance of getting to know our suppliers well in order to build long-term relationships based on trust and integrity.  To that end, we employ a full-time Quality Assurance Project Manager working on the ground collaboratively with our manufacturers in [India and Thailand].  We also schedule regular visits, at least quarterly, by our UK-based Supplier Management team.

3. Contractual Clauses

Our supplier agreement further requires our suppliers to confirm that they have not been investigated for, or convicted of, offences involving corruption of breach of human rights laws and standards.  In addition, suppliers are required to implement their own transparent due diligence programmes in order to ensure that none of their sub-contractors or suppliers are engaged directly or indirectly in slavery or human trafficking.

Next Steps

We will continue periodically to assess the issues of slavery and human trafficking within our organization 

The Monica Vinader Gift Voucher is available to purchase in british pounds, euros and dollars.

Gift Vouchers and e-vouchers purchased in british pounds can be redeemed at both our website and at our London boutiques in Mayfair, Canary Wharf, Chelsea, Covent Garden, Westfield White City and One New Change.

Gift Vouchers and e-vouchers purchased in euros or dollars can be redeemed at our website only - they cannot be redeemed at our London boutiques in Mayfair, Canary Wharf, Chelsea, Covent Garden, Westfield White City and One New Change, or at any of our international stockists.

Gift Vouchers and e-vouchers redeemed at our website must be redeemed in the currency of the voucher purchased.

Gift Vouchers expire one year from date of purchase.

The Monica Vinader Gift Voucher can be used as full or part payment for any purchase & does not have to be used in full at any one time.

Gift Vouchers cannot be returned or exchanged for cash.

If a product is returned to us that has been purchased using a Gift Voucher, the value will be refunded back onto that Gift Voucher, or a new Gift Voucher will be issued.

Offer codes cannot be used in conjunction with gift vouchers.

We reserve the right to amend or withdraw a promotion without notice.

For all enquiries, please contact our Customer Care Team.