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TERMS OF SERVICE
General
The following terms and conditions apply to your purchase of jewellery, accessories and other goods (“goods”) from the Melilla Jewellery website, melillajewellery.com (the “website”). Throughout the site, the terms “we”, “us” and “our” refer to Melilla Jewellery. When we refer to “you” and “your” we mean the user of the website and customer of goods.
These terms and conditions form a legally binding contract between Melilla Jewellery and the customer. Your acceptance of the terms and conditions is given when you purchase goods from us. You should read these terms and conditions carefully before buying anything from this website.
We reserve the right to change the terms and conditions under which the website and the goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the website. You should check the terms and conditions posted on the website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions please email us at: pernille@melillajewellery.com
1. Contract
The contract between us and the consumer consists of the information given to the consumer at checkout (for example information about the product, price, quality, quantity, shipping etc.), direct correspondence between us and the consumer, and these terms and conditions.
Direct correspondence, combined with the information given at checkout has precedence over the terms of service, in the event of a conflict between the information given at checkout, direct correspondence and the terms of service. This is the case as long as the direct correspondence and information given at checkout does not go against Norwegian laws that Melilla Jewellery is obliged to follow. More specifically the laws stated in the Consumer Purchases Act (forbrukerkjøpsloven), the Cancellation Act (angrerettloven) and the E-Commerce Act (ehandelsloven). These laws are available (in Norwegian) at www.lovdata.no.
2. Parties
The website and goods are provided by Melilla Jewellery.
Company name: Pernille Melilla
Address: Sandakerveien 99, 0483 Oslo, Norway.
E-mail: pernille@melillajewellery.com
Organisation number: 927073765
The customer is the person who is using the website and/or purchasing goods.
3. Price
Information about the total cost to the customer, including all fees and delivery costs, is given at checkout before the order is placed. Orders will be invoiced at the prices set in our website at the time of purchase.
If you are purchasing goods from outside Norway, currency fluctuations and credit card charges may affect the amount billed on your credit card.
When shipping outside of Norway, your order may be subjected to duties and taxes according to the laws and regulations of the country your order is shipped to. It is recommended that you check the regulations in regards to duties and taxes before placing your order. The customer is responsible for paying taxes and duties subjected to their order. We are not responsible for any duties and taxes that are subjected to any order.
We occasionally offer promotional discount codes (these would be supplied directly from us), which may apply to any, or certain, specified items on the website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer, sale or discounts.
4. Conclusion of the contract
The contract is binding for both parties as soon as the customer has sent the order to the us.
However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the seller at checkout of the online store or in the customers order, and the other party realised or should have realised that such an error was present.
5. Order confirmation
After we have received your order, we will send you an order confirmation. The customer should control that the order confirmation corresponds with the order in regards to quantity, products type, price etc. If the order confirmation does not correspond with the order, the customer should contact us as soon as possible.
6. Payment
We may charge the customer for the goods from the time it is sent from the us to you.
If the customer uses a credit or debit card to make the payment, the we may hold the funds on the card when the order is placed. The card will be charged on the same day the goods are sent.
We do not currently offer post-delivery invoicing.
7. Delivery
*Check out the shipping page for more information on destinations, shipping costs and delivery time.
We will deliver the goods to the delivery address you give us at the time of placing the order. It is your responsibility that the address you give us is correct and that there is someone to pick up the package. If the package is returned to us due to incorrect address or the failure to pick up the package, you will be responsible to pay to get the package shipped out again.
After the goods have been delivered to you, they will be held at your own risk and we will not be liable for any loss or destruction.
The goods will be delivered to you as soon as possible, and at the latest 30 days after the order was placed, unless otherwise specified. Some delivery destinations may have estimated delivery time exceeding 30 days. Check out the shipping page for more information regarding expected shipping times.
Delivery has occurred once it has been known to the customer or his/ her representative that the goods have been made available to them at the point of delivery.
If the seller has an agreement with a carrier to deliver goods to a customer, the delivery has not occurred when the products are handed over to the carrier. The delivery has occurred when the goods have been handed over to the customer from the carrier.
Delivery has occurred when the control over the goods are transferred to the customer, or a carrier that the customer themselves have made an agreement with. Delivery has occurred when the goods are delivered to the customers mailbox, or if it has been delivered elsewhere in agreement with the customer, for example at the place of work, to the neighbour, or in the customers garage.
We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Posten Norge (Official Norwegian Courier).
8. Product risk
After the goods have been delivered to the customer in accordance with the terms stated under “delivery”, the customer is liable for the products. If the customer has asked a third party to receive or pick up the goods on behalf of the customer, the customer is liable for the goods when the third party has the goods in their possession.
9. Cancellation policy
You are entitled to cancel an order made through melillajewellery.com, for any reason, within 14 days of receiving the goods and receive a full refund.
You must inform us that you will exercise this right within 14 days after the start of the cancellation period. This time limit includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, the period will be extended until the next business day. The deadline to exercise one’s right to cancel will be seen as met if notice is sent before the end of the cancellation period. The customer has the burden of proof for demonstrating that the right has been asserted, and the notice must therefore be submitted in writing (via the cancellation form, email or letter).
In the purchase of individual goods, the cancellation period will begin on the day after the goods are received.
The right to cancel does not apply when ordering:
1. Custom jewellery, or if you have ordered any jewellery with custom length, unless the goods are faulty.
2. Earring, unless the earrings are faulty. This is due to hygiene.
When the right to cancel is exercised, the goods must be returned to us within a reasonable amount of time and no later than 14 days after informing us that you will exercise your right to cancel. The customer must cover the direct costs associated with returning the goods, unless otherwise agreed or the seller has not informed the customer that they have to cover the return costs. The seller may not imply fees if the customer decides to use their right to cancel.
The customer may check or test the goods in an appropriate manner in order to determine the nature, properties and function of the goods without affecting the right to cancel. If the checking or testing goes beyond what is reasonable and necessary, the Customer may be responsible for any reduction in the good’s original value.
The seller is obligated to pay back the sum of the purchase to the customer without undue delay, and no later than 14 days after the seller received notice on the customer’s decision to exercise the right to cancel. We have the right to retain the repayment until we have received the goods from the customer, or until the customer has documented that the goods have been sent back with a trackable delivery method.
When returning items to us, we recommend that you use a delivery service that is trackable to ensure it is received.
To return an item, please send it back to the following address:
Pernille Melilla
Sandakerveien 99
0483, Oslo
NORWAY
We cannot accept responsibility for any items lost or stolen in transit if they are not sent back with a delivery method that is traceable. Please note that unidentified returns will be returned to the sender and will not be refunded. Any item returned after the given time period will only be refunded at Melilla Jewellery’s discretion.
10. Delays and non-delivery
If the seller does not deliver the goods or delivers it late according to the terms of the parties’ contract, and this is not due to the customer or to conditions on the part of the customer, the customer may withhold the purchase sum, terminate the contract and/or demand compensation from the seller, according to the relevant circumstances. In such circumstances, notice should be given in writing for the purposes of documentation (e.g. by email).
We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Posten Norge (Official Norwegian Courier).
Termination
If the seller does not deliver the goods at the time set for delivery, the customer shall call on the seller to deliver within a reasonable additional time frame for performance. If the seller does not deliver the goods within the additional time frame, the customer may cancel the purchase.
The customer may however cancel the purchase immediately if the seller refuses to deliver the goods. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the customer has informed the seller that the delivery time is a decisive factor.
If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the conclusion of the contract, termination must be asserted within a reasonable time frame after the customer was informed of the delivery.
Compensation
The customer may demand compensation for losses incurred as a result of the delay. However, this does not apply to cases in which the seller can assert that the delay was due to obstacles outside the seller’s control that could not have reasonably been fore- seen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.
11. Defective goods
If the good is defective, the customer must notify the seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. The customer is always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after the customer took possession of the goods.
If the good has a defect and this is not due to the customer or to conditions on the part of the customer, the customer may, in accordance with Chapter 6 of the Norwegian Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensation from the seller, according to the relevant circumstances.
Notice should be given to the seller in writing.
The metal parts that make up the jewellery sold at melillajewellery.com may tarnish over time. Tarnishing is a natural process and is not considered a defect. Gold plated jewellery can also fade over time. The time it takes for the gold to fade will depend on how well the jewellery is taken care of. Gold plated jewellery that has faded is not considered a defect.
Repair or replacement
The customer may choose between having the defect repaired or the delivery of an equivalent item. The seller may however oppose the customer’s claim if carrying out the claim is impossible or causes the seller to incur unreasonable expenses. Repair or replacement shall be performed within a reason- able amount of time. The seller does not as a rule have the right to more than two attempts to cure for the same defect.
Price reduction
The customer may demand a suitable price reduction if the good is not repaired or replaced. This means that the relation between the reduced price and the originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract.
Termination
If the goods are not repaired or replaced, the customer may also cancel the purchase in cases where the defect is not immaterial.
12. Sellers rights
If the customer does not pay or otherwise fulfil his/her duties according to the contract and/or the law, and this is not due to the seller or to conditions on the part of the seller, the seller may withhold the good, demand fulfilment of the contract, terminate the contract and demand compensation from the customer, according to the relevant circumstances. The seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.
Fulfilment
If the customer does not pay, the seller may affirm the purchase and demand that the customer pay the purchase sum. If the good is not already delivered, the seller will lose its right if it takes an unreasonably long time to make the claim
Termination
Upon significant non-payment breach or any other significant breach by the customer, the seller may terminate the contract. However, the seller may not terminate the contract after the purchase sum has been paid.
13. Warranty
All our jewellery comes with a 3 month warranty. Within 3 months we will exchange items with manufacturing faults free of charge. Tarnishing or gold plating that has faded is not covered by the warranty.
14. Personal data
Terms regarding personal data can be found in our privacy policy.
15. Conflict resolution
If you have any issues, please email us so we can find the best solution. Our email is pernille@melillajewellery.com
16. Digital content
Photography
We do our best to represent our products in the most accurate manner. A lot of effort goes into illustrating colours accurately. However, this is not always possible with digital reproduction on different web browsing platforms and different devices. Hence, there can be no guarantee that the true colour of the jewellery will be exactly as shown.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item. The approximate sizes of the products are stated in the product description.
Content
Melilla Jewellery assumes no liability for the correctness, completeness or quality of the information provided. All content is subject to change without notice. We reserve the right to modify, supplement or delete parts or the entire content of this site, without prior advance notice, or to suspend or terminate the site.