CONDITIONS OF SALE
CLACH e-boutique
These Conditions of Sale apply to any sales of CLACH products or services that you may order from CLACH using the website www.clachjewelry.com and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”).
CLACH owns and edits the Platforms pursuant to the Terms of Use, and Privacy Policy, which is responsible for our information collection practices pursuant to the terms of the Privacy Policy. By placing an order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are incorporated into these Conditions of Sale.
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms. Please note that before placing an order for products, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products.
UPDATES TO THESE CONDITIONS OF SALE
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
PRODUCT AVAILABILITY & QUANTITY
All orders placed through the website are subject to availability and acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platforms. CLACH can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
ORDER PROCESS
The order process of the Platforms will include the following:
- Add to Shopping Bag: Once you have chosen a product, you may 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). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.
- Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
- Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
- Placing of Order: You then check the relevant box and place your order.
The order process will include the following:
- Placing and Confirming Order: When you are ready, CLACH will proceed to placing your order and adding your personal information (including name, e-mail, phone number and shipping address), and reviewing the details with you. Placing an order does not guarantee availability for purchase, which is not confirmed until the payment is made and you receive a written Confirmation of Order & Shipment.
- Payment, Review and Delivery:: Once the order is placed, you will receive an email with your order details, including:
o Products ordered with description
o Price inclusive of VAT
o (Any) Shipping Costs
o Total value of your order
o Link to a secure payment gateway to complete the payment
o Link to the Conditions of Sales and our privacy policy
You should review all details carefully before completing the payment. Completing the payment means that you confirm this purchase and we will proceed with preparing your order for delivery.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
PRICES, TAXES AND SHIPPING COSTS
All prices shown on the product pages of the Platforms include 5% VAT but exclude shipping costs and other taxes unless otherwise stated.
You should review all details carefully before completing the payment. Completing the payment means that you confirm this purchase and we will proceed with preparing your order for delivery.
The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully.
Sales, use or other taxes will vary based on the location to which products are being shipped.
Shipping costs, if any, are described in the Shipping Policy below or on the Sales Channels. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarized before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you. However, it is always possible that, despite our reasonable efforts, some of the products offered through our website or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
PAYMENT
We accept the methods of payment identified as part of the order process mentioned on the website. Depending upon the means of payment, we may require additional information, including specific forms of identification.
All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Where we offer PayPal as a payment method, the full amount of your purchase will be debited on your payment card immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.
We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the website, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
ACKNOWLEDGEMENT OF ORDER
Once you have made your choice and your order has been placed through the website, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact us promptly via email.
These Conditions of Sale will be provided to you when we acknowledge your order.
CONFIRMATION OF ORDER & SHIPMENT
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
DELIVERY
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.
If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimize the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Client Relations Center to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.
In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.
When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and 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 a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by CLACH and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products.
When ordering products, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
RETURNS & EXCHANGES
(a) Return Process
Returns, refunds and exchanges in accordance with these Conditions of Sale must be must be within thirty (14) days from the day on which you acquire or someone you nominate (other than the carrier) acquires, physical possession of the products in your order.
Products that have been purchased through the website may only be returned to our CLACH e-boutique distribution center at the address of our Returns Department, as provided to you via email.
To return a product to our e-boutique distribution center, you must follow the steps mentioned below:
(i) We shall inform you by e-mail or ask you to complete the return form that was enclosed with your product delivery;
(ii) Please fill out the required information on the return form and sign it;
(iii) You may use our pick-up service and agree on a pick-up date with our logistics partner within the eligible return period. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;
(iv) You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide, the warranty card and all other documents, in their original box;
(v) Please seal the delivery package and affix the pre-paid airway bill received with your purchase; and
(vi) Our logistics partner will pick-up the sealed delivery package on the agreed date.
Only merchandise received by our CLACH e-boutique distribution center will be eligible for a refund or exchange.
(b) Condition of Returned Products
We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.
Our 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 CLACH box and delivery package, including all accessories and documents. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange
Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(c) Products you cannot return or exchange
Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved or embossed.
Exchanges
You may return a product purchased through the website for exchange with another CLACH product, provided that the return complies with these Conditions of Sale, in particular with the Return Process above.
In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.
Should a product be returned to the CLACH e-boutique distribution center for exchange with a less expensive product, only the buyer of the returned product will be entitled to receive a merchandise credit of the price difference. Please be aware we may only offer a refund at the e-boutique’s sole discretion. or
If a product is returned for exchange with a more expensive product, you will have to pay the price difference.
MANUFACTURER’S GUARANTEE AND YOUR LEGAL CONSUMER RIGHTS
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
COMPLIMENTARY SERVICES
(a)-Engravings / Embossing
Engraving and embossing may be available on specific products, and offered through sales transactions completed through the website.
If you wish to have your CLACH product engraved or embossed, please provide the details by email.
Orders for personalized CLACH products cannot be cancelled and personalized. CLACH products cannot be returned to CLACH for exchange or refund.
(b) Gift Note
You may personalize your order by adding a personalized note that will be written by CLACH on a gift card to be included in your order package. CLACH reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on CLACH logo stationery.
REPAIRS
For any repair inquiries relating to a product ordered through the website, please contact us by email, and will send you a Shipping Kit with the necessary material for you to send us your product for Service.
You may send your product to the CLACHwebsite using our Shipping Kit with our transport partner at our cost using our pre-paid label. To do so, please inform us via email of your request for repair and obtain a Shipping Kit with the address of the CLACH Service Center and a pre-paid label, if applicable.
Once you have received the Shipping Kit, comprising a Service Request Form, a product box, an outer box/envelope, pre-printed return label with our address and a pre-paid label as applicable (collectively the “Shipping Kit”), please:
Include the duly completed and signed Service Request Form, the CLACH product and all its accessories in the product box, a valid proof of purchase/ service, as applicable, and all other documents in the outer box/envelope,
Seal the outer box/envelope and affix the pre-printed return label or the pre-paid label, as applicable, and
Send back the outer box/envelope to the address of the CLACH Service Center indicated on either label.
For security reasons, the Shipping Kit boxes will be unbranded.
You must keep a proof of shipment. Only products received by the CLACH Service Center will be eligible for the Service, in accordance with these Conditions of Service.
Once the Service has been performed by CLACH in accordance with the Cost Estimate that you validated, and after receipt of your payment in full, CLACH will then send the repaired creation (together with your guarantee card if any) back to the shipping address you indicated on the Service Request Form.
Please note that you can only change the shipping address to where the repaired product will be returned before placing your Service Order, but not afterwards.
We only accept Service Orders for delivery to the United Arab Emirates. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels) or PO boxes. For further information, please contact us via email.
PRODUCT DESCRIPTIONS
We try to ensure that the information, including product descriptions, dimensions, and colors, provided on the Platforms, in advertisements or catalogues or as provided by CLACH is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. In particular, any product description and information concerning the weight of precious materials, the number of stones and carats, product dimensions, (etc…) are provided as an indication only and may vary slightly.
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 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 consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
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.
APPLICABLE LAW AND JURISDICTION
These Conditions of Sale shall be governed by and construed in accordance with the laws of the country in which the applicable Selling Entity has its registered office, without reference to conflict of laws provisions (“applicable laws”). Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
You may bring proceedings against us either in the courts of the country in which the applicable Selling Entity has its registered office or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a court, you and CLACH will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.