CONDITIONS OF SALE
Fine Jewellery by House Of Matini
1. GENERAL
The following terms and conditions and any other related rules that are adopted by House Of Matini and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from House Of Matini, a corporation organized and existing under the laws of Sweden and having its corporate headquarters in Stockholm, Sweden. (“House Of Matini”, or referred to herein as “us”, “our” or “we”) on the Internet via the House Of Matini website, identified by the domain name www.houseofmatini.com, and any associated digital applications that refer to these Conditions of Sale (together, the “Platform”).
These Conditions of Sale apply only to sales made through the Platform. In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with House Of Matini, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any House Of Matini products from the Platform.
Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. House Of Matini may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. If you do not agree to any change to the Conditions of Sale, then you must immediately contact us to cancel your registration and refrain from ordering any House Of Matini product through the Platform.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of eighteen and (b) have legal capacity to enter into contracts may order products through the Platform. If you are under the age of eighteen or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
By placing an order through the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute House Of Matini products or purchase House Of Matini products for commercial purposes or any other commercial benefit.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through on the Platform are subject to availability or made to order, and acceptance by House Of Matini.
House Of Matini reserves the right to change the assortment of items offered on the Platform, and may limit from time to time the quantity of House Of Matini products that may be ordered by a Customer in a single buying session, without prior notice. House Of Matini further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed five (5) products in any buying session on the Platform.
The product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying an “Add to Shopping Bag” icon is available for sale through the Platform. You may also contact House Of Matini for further information as to product availability and assistance regarding your purchase.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order on the Platform, you may either register and create an online account on the Platform, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of eighteen.
If you select the “Guest Checkout” option, you will have the option to create your House Of Matini online account upon receiving the Order Confirmation. Please note that in such case, your House Of Matini online account will not include transactions made prior to the creation of your account.
Upon completion of your account registration on the Platform, you are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. House Of Matini will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
Please refer to our Privacy Policy and Section 7 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by House Of Matini or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide on the Platform change, please log in to your account and update such information directly on the Platform and notify House Of Matini at the following e-mail address: contact@houseofmatini.com, or as set out in our Privacy Policy.
5. ORDERS
If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Pay Now” to place your order.
Notwithstanding anything to the contrary provided for herein, House Of Matini reserves the right to refuse, cancel and terminate orders at any moment in time. For example, House Of Matini may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if House Of Matini suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Platform are in U.S. Dollars.
House Of Matini reserves the right to modify prices and delivery costs at any time without prior notice.
Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
Please note that if you exchange your House Of Matini creation you will be subject to any jurisdictional tax differences, from taxes originally paid on your House Of Matini creation.
7. PAYMENT BY CREDIT CARD
House Of Matini accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
When ordering on the Platform, you will need to enter your payment details on the appropriate form.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to House Of Matini, you will need to contact your card issuer directly to solve this problem, and House Of Matini will not be liable for any delay or non-delivery.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by House Of Matini, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase House Of Matini products on the Platform you expressly authorize House Of Matini to perform such security checks, where House Of Matini deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
House Of Matini takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. House Of Matini uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
House Of Matini is subject to Swedish law and if sales are prohibited, any such transactions will be declined.
8. PAYMENT BY PAYPAL
You may also pay by using PayPal, as indicated on the Platform.
9. REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale.
10. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by House Of Matini of its anti-fraud, security and related legal checks, House Of Matini will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by House Of Matini and indicates the existence of a binding sales contract.
11. PROOF OF AGREEMENT
The Confirmation of Order and any automatic recording systems used by the Platform will be proof of a binding agreement between you and House Of Matini.
12. COMPLEMENTARY SERVICES
The following complimentary services may be offered, free of charge, on the Platform:
12.1. Gift wrap, House Of Matini bag, and House Of Matini special packaging
All packages are delivered gift wrapped, with a House Of Matini bag and in House Of Matini special packaging (where applicable).
12.2. Gift note
You may personalize your order by adding a personalized note that will be printed by House Of Matini on gift cards for each product to be included in your order package. House Of Matini reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on House Of Matini-logo stationery.
12.3. Engraving / Embossing
Engraving and embossing may be available on specific models such as rings, necklaces and bracelets. Engraving /embossing service offered complimentary on applicable products where notated on the website product pages and consistent with the number of characters and placement offered. If you wish to have your applicable House Of Matini product engraved or embossed, please provide the details on the Platform at time of order. Engraved or embossed products cannot be returned to House Of Matini for exchange or refund.
12.4. Bracelet Adjustment
Bracelet adjustment is available on certain models. If you request a bracelet adjustment, the removed links will be returned to you and included in the delivery package.
13. SHIPPING POLICY
We accept orders to delivery worldwide.
Each delivery package will contain, in addition to your purchased House Of Matini product: (i) all related accessories, if any; (ii) Product User Guide, as applicable, and the Warranty Card and/or Certificate of Authenticity, as applicable; (iii) printed gift note(s) containing your message, if so requested by you when you place your order; (iv) the return/exchange form and pre-paid return label and (v) the packing slip without price.
House Of Matini insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each House Of Matini product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by House Of Matini and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
14. RETURN POLICY
In order to ensure your total satisfaction, a Customer or a recipient of a gift of House Of Matini products (a “Gift Recipient”) may return House Of Matini products in accordance with the return and exchange policy set forth below. Returns of House Of Matini products that are not in compliance with the conditions and timeframes set forth below may be rejected by House Of Matini and will be sent back to the Customer or Gift Recipient, as the case may be.
14.1. Return Period
House Of Matini creations purchased through the House Of Matini e-boutique may be exchanged or returned for a refund or merchandise credit within thirty (30) days following delivery. Please allow up to fourteen (14) business days for full refund, if applicable. Merchandise must be presented in its original packaging and accompanied by the appropriate sales receipt. Engraved, embossed, special order, personalized, made to order creations and items that show sign of wear cannot be exchanged or returned. All returns and exchanges are subject to the further terms and conditions set forth below.
14.2. Return Process
Products that have been purchased on the Platform may be returned to the House Of Matini e-Boutique distribution center at the address provided to you via email, when you request to make a return or exchange. Please allow several business days to see the refund on your bank statement.
If a Customer or Gift Recipient wishes to return a product to the House Of Matini e-Boutique distribution center, then such person must comply with the following steps:
I. Send an email to contact@houseofmatini.com with the request to return or exchange.
II. Fill out the required information in the return form,
III. Include the completed return/exchange form with the product, all its accessories, the User Guide, the Warranty Card and all other documents, in its original box and delivery package,
IV. Seal the delivery package and affix the pre-paid delivery label to it,
V. Bring the package to any postal location or call the post to arrange pick-up.
Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, House Of Matini and the Customer or Gift Recipient, as the case may be, agree that House Of Matini maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. House Of Matini is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.
The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment and the tracking number, and House Of Matini accepts no liability in the event that such proof cannot be produced. Only merchandise received by the House Of Matini e-Boutique distribution center will be eligible for a refund or exchange.
Upon receiving a return, House Of Matini will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
14.3. Conditions to Return a Product
House Of Matini products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original House Of Matini box and delivery package, including all accessories and documents. House Of Matini will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.
Engraved or embossed products, as well as special order, personalized and made-to-order creations, cannot be returned to House Of Matini for exchange, merchandise credit or refund.
All returns will be subject to strict Quality Control (QC) by House Of Matini to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, House Of Matini will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), House Of Matini will proceed with the applicable refund or exchange.
14.4. Refunds and Merchandise Credit
Should a product be returned to the House Of Matini e-boutique distribution center by the Customer or the Gift Recipient, a Customer is entitled to receive a refund. A Gift Recipient is not entitled to receive a refund. In no event will a merchandise credit be issued by the House Of Matini e-Boutique distribution center.
If a Customer’s return complies with the return policy, House Of Matini will use reasonable efforts to credit the refund to the Customer’s credit card or Paypal account no later than fourteen (14) days after receipt of the returned item by the House Of Matini e-Boutique distribution center. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.
14.5. Exchanges
Customers and Gift Recipients may be permitted to exchange a product purchased on the Platform for another House Of Matini product if the product to be exchanged satisfies the conditions of the return policy within thirty (30) days following delivery.
Should a product be returned for exchange to the House Of Matini e-Boutique distribution center by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged House Of Matini product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.
14.6. Defective products
House Of Matini is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product that seems to be damaged, you may return it to House Of Matini in accordance with the return policy. Upon receipt, House Of Matini may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by House Of Matini, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
I. House Of Matini may send you the same product in the exact same size, subject to availability,
II. House Of Matini may propose an exchange for another House Of Matini creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
Only you, as the Customer, may request a refund of the full price of your initial purchase.
15. REPAIRS
For any repair inquiries, please contact contact@houseofmatini.com.
16. PRODUCT DESCRIPTIONS
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platform, in advertisements or catalogues is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the Platform, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
18. GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable House Of Matini Guarantee.