Monica Vinader Inc Terms of Sale

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 customercare@monicavinader.com or by telephone on 1 855 753 5555 (toll free) between the hours of 6am – 12.30pm 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 diespatched 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. All prices are inclusive of VAT in the UK and EU.

    2. Delivery charges (where applicable) and any import duty and taxes incurred will be added to the total amount due when you view the Product(s) in your Shopping Bag. The total cost for the Product(s) and any applicable delivery charges will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.

    3. 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.

    4. 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 BST 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 Two 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 30 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 30 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 customercare@monicavinader.com ) 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 30 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 Two Year Warranty

    1. Without limiting your statutory rights, all Product is covered by a two year warranty from the date of purchase (under normal conditions of wear and tear). During that two 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 Two Years or More After Purchase Date

    1. Without limiting your statutory rights, for Product(s) purchased more than two 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.


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