TERMS AND CONDITIONS

1.1. The definitions in this clause apply in the terms and conditions set out in this document:

Company: Hamaca Design trading as Cleopetra-art (registered in Germany) whose trading address is Zittauer Str. 7, 02727 Ebersbach – Neugersdorf,Germany and whose registered office is at Zittauer Str. 7, 02727 Ebersbach – Neugersdorf, Germany.

 

EU: means the European Union.

Goods: the products that we are selling to you as set out in the order.

Order: your order for the Goods.

Order Period: the period beginning at the time you initially place the order and ending at the next order cut-off time as detailed in our Order Periods Table for the country to which the order will be delivered to.

Order Periods Table: the table defining order cut off times for Order Period per delivery country. The Order Periods Table may be viewed on our website and is subject to change without notice.

Terms: the terms and conditions set out in this document.

writing: or written includes faxes and e-mail.

you and/or your: the person placing the order.

1.2. Headings do not affect the interpretation of these terms.

1.3.References here to “clause” refer to the relevant numbered clause in these terms and conditions.

2.1. Who we are: we are Hamaca Design trading as Cleopetra-art, a company registered in Saxony/ Germany. Our  trading address is at Zittauer Str. 7, 02727 Ebersbach – Neugersdorf  

2.2. How to contact us: you can contact us by telephoning our customer services team at tel 0049 03586/7078884

2.3. How we may contact you: if we need 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. If you contact us through social media we may reply through the same method where we consider it is appropriate to do so.

3.1. What these terms cover: these are the terms and conditions on which we supply Goods to you.

3.2. Why you should read the terms: please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.

3.3. Goods may vary slightly from their picture: any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe. In particular:-

3.3.a whenever metal weights or carat weights are quoted, these are the average for all pieces in that design;

3.3.b where we offer rings in multiple sizes, the weight will be the average across all pieces in all sizes;

3.3.c where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase;

3.3.d throughout the jewellery industry, many gemstones undergo some form of treatment to enhance their appearance or durability. Therefore you should assume that any gemstones you purchase from us are treated. For more details of typical treatments, please see our website; and

3.3.e whilst we always endeavour to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted we cannot always verify the reported origin.

3.4. How we will accept your order: our acceptance of your order will take place (a) when we email you to accept it, or (b) if you have not provided us with your e-mail address, when we ship your order, at which point a contract will come into existence between you and us. Receipt of an order by our Help Team or via our website, or assignment of an order number to your order does not constitute our acceptance of an order.

3.5. If we cannot accept your order: if we are unable to accept your order, we will inform you of this either by telephone or in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods, because we are unable to meet a delivery deadline you have specified, or if we do not wish to supply you for any reason whatsoever.

3.6. Your order number: we will assign an order number to your order and tell you what it is when we receive your order, but providing an order number does not constitute our acceptance of your order, which will happen only in accordance with clause 3.4. It will help us if you can quote the order number whenever you contact us about your order.

5.1. How we will use your personal information: we will use the personal information you provide to us in the following manner:

5.1.a to supply the Goods to you;

5.1.b to process your payment for the Goods; and

5.1.c if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

5.2. Information to third parties: We will only give your personal information to third parties where the law either requires or allows us to do so, or to any purchaser of all or part of our business

5.3. Our privacy policy: for further detail of how we may use your personal information please read our privacy policy. You agree that use of our website is subject to our privacy policy and that all information provided by you to us is true and accurate.

6.1. Minor changes to the Goods: We may change the Goods to reflect changes in relevant laws and regulatory requirement, or to implement minor technical adjustments and improvements. These changes will not affect your use of the Goods.

6.2. More significant changes to the Goods and these terms: In addition, as we informed you in the description of the Goods on our website, we may make material changes to the Goods or these terms after accepting your order but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Goods paid for but not received.

7.1. Our quality promise: we warrant that on delivery the Goods shall:

7.1.a. conform with their description (subject to any qualification at clause 3.3 or clause 6.1);

7.1.b. be of satisfactory quality;

7.1.c. be fit for any purpose we say the Goods are fit for;

7.1.d. be free from material defects in design, material and workmanship; and

7.1.e. comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

7.2. Your warranty rights this warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these terms. Advice about your legal rights is available from the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06

7.3. Warranty exclusions: this warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

8.1. Delivery charges: please see our Delivery Table for delivery times, charges and options.

8.2. When your Goods will be delivered: delivery periods may vary depending on address but we aim to have your delivery completed within the specified times with a guarantee that your Goods will be delivered within 30 days of acceptance of the order.

8.3. We are not responsible for delays outside of our control: if our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.

8.4. Frequency of applying delivery charges: we will charge you one delivery charge per order, regardless of the quantity of Goods ordered. If you add to the order within the same Order Period, you will still only be charged once for delivery. Deliveries to multiple addresses will require multiple orders and multiple delivery charges. If you order “Same Day Shipping”, where available, you may not add additional items to that order.

9.1. How to tell us about problems: If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team at 0049 03586/7078884

9.2. What happens if the Goods become faulty: if the Goods become faulty within 30 days of receipt, you will be offered the choice of a refund of amounts paid or, if stock is still available of that particular piece, a replacement.

9.3. What happens if the Goods become faulty after 30 days: if the Goods become faulty after 30 days but within six months of receipt, we will offer our choice of a refund of amounts paid, replacement or repair unless we, at our sole discretion, determine that the fault has arisen through misuse of the Goods.

9.4. Your obligation to return rejected products If you wish to exercise your legal rights to reject Goods you must post them back to us by completing the returns form that was sent with the Goods and following the instructions on it, or (if we inform you they are not suitable for posting) allow us to collect them from you.

9.5. Insuring your return: we are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method as set out in our returns form.

9.6. Repairs and replacements: these terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms.

10.1. When you become responsible for the Goods: the Goods will be your responsibility from the time of delivery to the delivery address given by you.

10.2. When you own the Goods: ownership of the Goods will only pass to you when we receive payment in full of all amounts due for the Goods, including delivery charges.

11.1. Where to find the price for the Goods: the price of the Goods (which includes VAT for orders within the UK) will be the price indicated on the order pages when you placed your order or the final price displayed at the end of a Video Presentation. We take all reasonable care to ensure that the price of the Goods advised to you is correct however please see clause 11.4 for what happens if we discover an error in the price of the Goods you order.

11.2. Price for orders delivered outside of Germany: For orders delivered within the EU, these prices exclude german VAT, you will be the importer of record, included in the payment you make to us will be an amount equivalent to EU import vat and duty. For orders delivered outside the EU and USA, you may be required to pay import duties and/or taxes when your order reaches your country. These and any other charges for customs clearance are your sole responsibility.

11.3. We will pass on any changes in the rate of VAT: if the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in rate of VAT takes effect.

11.4. What happens if we get a price wrong: it is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Good’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 Good’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 recognised by you as a mispricing, we may end the contract, refund you any amounts you have paid and require the return of any Goods provided to you.

11.5. When you must pay and how you must pay: Except for Split Payments (https://www.cleopetra-art.com/en-gb/terms-and-conditions/#116ee clause 11.6), payment is taken once all the Goods have been picked and are ready to be packed for dispatch. At this point your credit card, debit card or PayPal account will be charged and your order will be dispatched upon a successful payment receipt. Please note that orders placed on cards issued outside the EU may be subject to cross border transaction fees, and all credit or debit card orders may incur fees if placed in a currency other than that for which the card is issued. These charges, and any similar ones with alternate payment methods, are outside of our control and must be paid by you directly to your card issuer.

11.7. Expiry of non-refundable credit on your account: Non-refundable credit is credit that we have applied to your account in relation to any price promise, gesture of goodwill, promotion, competition win, reactivation campaign or other credit referred by us as non-refundable credit. Please note that non-refundable credit is only valid for a period of 12 months from the date that the relevant non-refundable credit was applied to your account, and any unused non-refundable credit will automatically be removed by us after this 12 month period.

12.1. Our goodwill guarantees: Please note, these terms reflect the goodwill guarantees offered by us to our customers, which are more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. These goodwill guarantees do not affect your legal rights in relation to faulty or misdescribed Goods (see clausr 9).

12.2. 3rms-and-conditions/ Day “No Quibble” Guarantee: Whenever you buy Goods from us you have the benefit of our “No Quibble” 30 day guarantee, which starts on the day you receive your Goods. If for any reason you are not satisfied with a piece of jewellery, just complete the returns form enclosed with your jewellery and send the item back to us for a full refund of the price you have paid to us (less any delivery charges and promotional discount that was applied to your order, in accordance with clause 14.5). This “No Quibble” guarantee excludes jewellery that has been engraved or any items such as cosmetics, supplements or clothing where the tamper seal has been broken.

12.3. Where the 30 Day “No Quibble” Guarantee applies: To take advantage of this guarantee, you must ensure that the Goods are returned to us as new, this means that:

12.3.a. you must not remove the identification tag that is attached to the Goods;

12.3.b. with earrings (and any other jewellery for piercings) you must not break the hygiene seal;

12.3.c. you must not have altered the Goods – for example, we cannot accept returns of rings that have been re-sized;

12.3.d you must return the Goods in all its original packaging and with its original authenticity card;

12.3.e you must ensure that the outer packaging is sufficient to protect the Goods in transit.

12.3.f the tamper seal on all cosmetics, supplements and clothing products must be intact.

12.3.g Goods must be returned “as new” which means unopened and unused.

12.4. How to return the Goods under the “No Quibble” Guarantee?: If you wish to exercise your legal rights under this no quibble guarantee, you must post them back to us by completing the returns form that was sent with the Goods and following the instructions on it, or (if we inform you they are not suitable for posting) allow us to collect them from you. We are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method as set out in our returns form.

12.5. Timing of refund: If the Goods are received by us as new in accordance with clause 12.3, we will process your refund within a maximum of 30 days of receiving your returned Goods into our warehouse located in the United Kingdom.

12.6. No refund of delivery charges: we do not refund the cost of the original delivery charges or the return delivery charges.

13.1. You can always end your contract with us: your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

13.1.a If what you have bought is faulty or misdescribed: you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9.

13.1.b If you want to end the contract because of something we have done or have told you we are going to do, see clause 13.2; and

13.1.c If you have just changed your mind about the Goods, see clause 12.3. You may be able to get a refund of amounts paid if you are within the cooling-off period, but this may be subject to certain conditions, deductions and you will have to pay the costs of return of any Goods.

13.2. Ending the contract because of something we have done or are going to do: If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for amounts paid for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:

13.2.a we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;

13.2.b there is a risk that supply of the Goods may be significantly delayed because of events outside our control;

13.2.c we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

13.2.d you have a legal right to end the contract because of something we have done wrong.

13.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013): for most Goods bought online or through our TV Presentations you have a legal right to change your mind within 14 days and receive a refund of amounts paid. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

13.4. When you don’t have the right to change your mind: you do not have a right to change your mind in respect of any engraved items/Goods, or if the Goods returned do not comply with clause 11.3 (as new).

13.5. How long do you have to change my mind: you have 14 days after the day you (or someone you nominate) receives the Goods.

14.1. Tell us you want to end the contract: to end the contract with us, please let us know by doing one of the following:

14.1.a. Phone or email: phone us on 0049 03586/7078884, email us at info@Cleopetra-art.com . In any case, please provide your name, home address, details of the order and, where available, your phone number and email address.

14.1.b. Online: complete the form on our website.

14.2. Returning Goods after ending the contract: if you end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Cleopetra-art, Zittauer Str. 7, 02727 Ebersbach – Neugersdorf

14.3. How we will refund you: if you are entitled to a refund we will refund you the price you paid for the Goods excluding delivery costs (unless we otherwise agree) within 14 calendar days from the day on which we receive the Goods back from you , by the method you used for payment.

14.4. Where no refunds will be provided: If you are exercising your right to change your mind We will not provide any refund if the Goods do not meet the criteria set out in clause 12.3 (as new). If we refund you the price paid before we are able to inspect the Goods and later discover that they do not meet the criteria in clause 12.3 (as new), you must pay us the full costs of the Goods and delivery charges, and for any damage to the Goods.

14.5. What happens with refunds if you return a single item that has had a bulk order discount applied?: If you cancel or return any Goods purchased using a promotional discount or voucher code, the value of the promotional discount or coupon discount will be subtracted on a pro-rata basis against the relevant Goods returned from the refund or credit provided to you.

15.1. We are responsible to you for foreseeable loss and damage caused by us: 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. We do not exclude or limit in any way our liability to you where it would be unlawful to do so: this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods 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 for defective Goods under the Consumer Protection Act 1987.

15.3. We are not liable for business losses: we only supply the Goods for domestic and private use. If you use the Goods 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.

16.1. You agree to defend, indemnify and hold harmless each of us, our affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable professional advisers’ fees, arising out of or relating to your breach of these terms; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from our negligence or wilful misconduct. This indemnity shall continue to endure notwithstanding prior fulfilment of the order or other termination thereof.

17.1. We may transfer this agreement to someone else: we may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

17.2. You need our consent to transfer your rights to someone else: you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3. General: We will pay the reasonable costs of return if the Goods are faulty or misdescribed or if you are ending the contract for one of the reasons set out in clause 12.2. However, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. If you claim the Goods are faulty or as misdescribed but on inspection they are not, we reserve the right to charge you for the cost of delivery and return.

17.4. Nobody else has any rights under this contract: this contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.5. If a court finds part of this contract illegal, the rest will continue in force: each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.6. Even if we delay in enforcing this contract, we can still enforce it later: if we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.

17.7. Which laws apply to this contract and where you may bring legal proceedings: these terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.