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TERMS AND CONDITIONS

Legal documents

This website at the URL ("TuaMea Jewelry") is owned by Marianne Moelgaard ApS, a company registered in Denmark under Central Business Register number: 34483647, whose registered office is at

Marianne Mølgaard ApS, Damstien 3, DK-6000 Kolding, Denmark.

It is important that you read these terms and conditions ("Sales Terms") carefully before ordering any Products from the TuaMea Jewelry website. Your purchase of Products via the TuaMea Jewelry website will be governed by the Sale Terms. By ordering any Products, you agree to be bound by the Sale Terms.

 

  1. About These Sales Terms


These Sales Terms are applicable to all orders and purchases made via the TuaMea Jewelry website. TuaMea Jewelry may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply on or after the date that the revised Sales Terms are published. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.

Marianne Moelgaard ApS offers products for sale via the TuaMea Jewelry website to consumer customers. TuaMea Jewelry reserves the right to not fulfil orders placed by non-consumers or by individuals who fail to comply with these terms.

With regard to purchases made by you via the TuaMea Jewelry website, Marianne Moelgaard ApS will usually communicate with you electronically by email, using the email address provided to TuaMea Jewelry when you place an order. You may still contact us using one of the methods referred to in section 17 (Contact Details) below or by using the contact details on the TuaMea Jewelry website.

In using the TuaMea Jewelry website you agree to comply with TuaMea Jewelry Acceptable Use Policy
 

BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF SECTION 15 (LIABILITY). IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE TuaMea Jewelry WEBSITE.

 

  1. Your account

 If you create an account (personal user identification or username) on the TuaMea Jewelry website, you are responsible for maintaining the confidentiality of your username and password and for restrictingaccess to your password.

By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account, unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.

TuaMea Jewelry makes no guarantee that the TuaMea Jewelry website or your account will be error free or secure from bugs or viruses. You are responsible for your own information technology and security and you should use your own virus protection software. Please tell us immediately if your account or payment details have been lost or stolen. If we become concerned about the security of your account we may block access and usage.

 

  1. Placing an Order


To be able to buy Products you must:

• read and accept these Sales Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• be legally capable of entering into binding contracts; and
• be the owner or authorised holder of a valid debit/credit card, gift card or Apple Pay account (see section 6 (Payment) for details of the payment methods accepted on theTuaMea Jewelry website).

You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.

At the checkout page you will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).

You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched. Please see section 4 (Order Processing) below which deals with this in more detail.

 

  1. Order Processing and Contract Formation

Once you have submitted your order(s) using the TuaMea Jewelry website, TuaMea Jewelry will send you an email acknowledging receipt of your order(s) ("Order Receipt Confirmation") and setting out details of the ordered Product(s).

Marianne Moelgaard ApS may not always be able to accept your order and Marianne Moelgaard ApS may choose not to accept your order in its sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which Marianne Moelgaard ApS suspects are not placed in good faith. There may also be unexpected events outside of our control meaning we may be unable to fulfil your order.

If your order is not accepted Marianne Moelgaard ApS will inform you via email, and if any payment has already been taken you will be reimbursed in full for any sums paid to Marianne Moelgaard ApS for that order.

After receiving your order(s), Marianne Moelgaard ApS will check that the relevant Product(s) is/are in stock. A contract for the sale of TuaMea Jewelry between you and Marianne Moelgaard ApS, which will be governed by these Sale Terms, will only be formed when Marianne Moelgaard ApS emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation").

The contract is formed upon Marianne Moelgaard ApS sending the Shipment Confirmation to you at the email address provided with your order. Please contact Marianne Moelgaard ApS if you have not received your Shipment Confirmation within 72 hours of placing your order.

A contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. Marianne Moelgaard ApS will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.

In the Order Receipt Confirmation you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Sales Terms for your records.

If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact the Marianne Moelgaard ApS as soon as possible using one of the methods set out in section 17 (Contact Details) or as otherwise set out in the Order Receipt Confirmation. It may not be possible to amend or cancel your order, or to prevent dispatch of the Products, due to the speed with which orders are processed. If Marianne Moelgaard ApS is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to Marianne Moelgaard ApS, or accepting the delivery and then returning the Products to Marianne Moelgaard ApS in accordance with section 12 (Returns and Refunds).

Once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you. If you would like to cancel your order after this point, please see section 12 (Returns and Refunds) below.

Prices, Shipping and Handling, Charges and Taxes

The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and in your Shipment Confirmation. All prices are payable in Danish currency (DKK).

In the event of a pricing error, whether on the TuaMea Jewelry website or in an Order Receipt Confirmation or otherwise, you accept that Marianne Moelgaard ApS has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, Marianne Moelgaard ApS will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled and any amounts paid by you to Marianne Moelgaard ApS for the Products will be reimbursed. If you do not want to proceed with your order your sole remedy in the event of such a pricing error is to cancel your order.

You acknowledge that even after Marianne Moelgaard ApS has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then Marianne Moelgaard ApS will be under no obligation to provide the relevant Product(s) to you at the incorrect price.

Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling.

Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).

 

  1. Payment

Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, PayPal).                                                                   

Approved credit and debit card types are listed at the TuaMea Jewelry website checkout. In the event Marianne Moelgaard ApS does not receive the appropriate authorisation from your card or payment service provider, Marianne Moelgaard ApS reserves the right to reject your order.

For most payment methods, payment for your order, including all applicable taxes, shipping and other charges, will be taken from the applicable card or payment service once Marianne Moelgaard ApS has sent you the Shipment Confirmation.

 

  1. Delivery

You should allow up to 4 days (excluding Sunday and bank holidays) business days for Denmark, rest of the World 4-10 business days for express delivery (orders must be placed by 8:30pm) for in stock items (check here for current delivery periods). Delivery shall in any event take place within 30 days after Marianne Moelgaard ApS has sent you the Shipment Confirmation. Marianne Moelgaard ApS reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The delivery options described above are the only shipping options available for sales through the TuaMea Jewelry website. Marianne Moelgaard ApS is unable to accept any special delivery requests, which are outside the scope of these two options.

If Marianne Moelgaard ApS cannot deliver your order within the period specified in your Shipment Confirmation, Marianne Moelgaard ApS will notify you as soon as possible. You may choose to cancel your order, in which case Marianne Moelgaard ApS will provide you with a full refund. If you choose not to cancel your order, Marianne Moelgaard ApS will endeavour to deliver your order within a reasonable period of time 4-6 weeks.

If you unreasonably defer delivery or delay the receipt of delivery after Marianne Moelgaard ApS has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided Marianne Moelgaard ApS with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Marianne Moelgaard ApS, your order will be cancelled and a full refund will be issued to you.

  1. Events Outside the Control of Marianne Moelgaard ApS

Marianne Moelgaard ApS shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including, but not limited to:

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  • • strikes or lock-outs (or other industrial action);
    • national or local states of emergency;
    • interruption or failure of communication or transportation facilities;
    • power or utility outages;
    • non-performance by suppliers or subcontractors (other than by companies in the same group of companies as Marianne Moelgaard ApS);
    • earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
    • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • the acts, decrees, legislation, regulations or restrictions of any government.

In such circumstances, Marianne Moelgaard ApS will notify you and take reasonable steps to minimise any delay. The time for Marianne Moelgaard ApS performance of its obligations is deemed to be extended for the period that any of the above continues. If Marianne Moelgaard ApS is unable to fulfil your order because of any circumstances outside of its control, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.

 

  1. Product Availability

Marianne Moelgaard ApS uses reasonable efforts to ensure the availability of Products you order from the TuaMea Jewelry website. However, Products are made available to purchase on a "first in-first out" basis and are only available while stocks last.

 

  1. Compatibility, Product Information

Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the TuaMea Jewelry website as your final point of reference when checking compatibility. 

Images on the TuaMea Jewelry website may vary depending on your device's display quality. Whilst every effort is made to reproduce images of the Products in the most accurate way possible, these images are for illustrative purposes only and your Products may vary from those images for example, in colour, size, pattern and texture. The packaging of Products may also vary from that shown in images on the TuaMea Jewelry website.

If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact the Marianne Moelgaard ApS  via E-mail.

 

  1. Title to Products

Ownership of the Products will pass to you only when Marianne Moelgaard ApS has received full payment in respect of your order, including all taxes, shipping and other charges. The Products will be at your risk from the time of delivery.

 

  1. Return and Refund.

 

If you return Products purchased from the TuaMea Jewelry, once Marianne Moelgaard ApS has received and validated any returned Products, Marianne Moelgaard ApS will send you an email to confirm the validation. Your refund will be processed within 14 (fourteen) days of Marianne Moelgaard ApS email to you confirming the receipt and validation of your returned Product.

Please note that these extended return rights do not apply to outlet or sale Products or to any Excluded Products. This does not affect your rights in law as a consumer including your right to return products under the Consumer Contracts Regulations and your right to return faulty products under the Consumer Rights Act 2015.

 

Cancellations under the Consumer Contracts Regulations

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you have a legal right to cancel your purchase during the cancellation period. The cancellation period begins on the date that the contract is formed (when Marianne Moelgaard ApS sends you the Shipment Confirmation) and continues until the end of 14 days starting on the day after you receive the Product. This cancellation right applies to both sale and non-sale Products but does not apply to Excluded Products as set out below. If the Product has been dispatched to you before you cancelled the purchase, you must return the Product to Marianne Moelgaard ApS within 14 days starting on the day after you cancel the order.

You can cancel your purchase, by contacting Marianne Moelgaard ApS by mail and Marianne Moelgaard ApS will confirm receipt by email. Alternatively, you can simply return your Product to > Marianne Moelgaard ApS, Damstien 3, 2. 7, DK-6000 Kolding, Denmark, within the 14 day period starting on the day after delivery, in which case your return will be treated as your notice of cancellation. When you return your Products to Marianne Moelgaard ApS, please include your name, email address, order number and order date to help Marianne Moelgaard ApS identify your order quickly.

 Once Marianne Moelgaard ApS has received and validated your returned Product, Marianne Moelgaard ApS will send you an email to confirm the validation. Any refund due to you will be made as soon as possible and in any event within the period of 14 days after the day on which Marianne Moelgaard ApS receives the Product back from you or, if earlier, the day on which you provide Marianne Moelgaard ApS with evidence that you have sent the Product back to Marianne Moelgaard ApS. If the Product was not dispatched to you, you will be refunded within the period of 14 days after you inform Marianne Moelgaard ApS of your decision to cancel the purchase. Marianne Moelgaard ApS will refund you by the same method you used to make payment.

Marianne Moelgaard ApS is entitled by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling it in a way which would not be permitted in a shop. If Marianne Moelgaard ApS refunds the price paid before it has an opportunity to inspect the Product and later discovers you have handled it in an unacceptable way or damaged it, you must pay Marianne Moelgaard ApS an appropriate amount.

Returns under the TuaMea Jewelry website enhanced cancellation policy

In addition to your rights under the Consumer Contracts Regulations, if for any reason you are not completely satisfied with your purchase from the TuaMea Jewelry website, you can return non-sale Products purchased from the TuaMea Jewelry website within 30 days of receipt of the Products for a refund.

Once Marianne Moelgaard ApS has received and validated any returned Products, Marianne Moelgaard ApS will send you an email to confirm the validation. Your refund will be processed within 14 (fourteen) days of Marianne Moelgaard ApS email to you confirming the receipt and validation of your returned Product.

Any Product returned under the Marianne Moelgaard ApS website enhanced cancellation policy must be in a new, unworn and resaleable condition and Marianne Moelgaard ApS reserves the right to refuse a refund where the Product is returned damaged or showing signs of use or wear.

Please note that these enhanced return rights do not apply to sale Products or to any Excluded Products. This does not affect your rights in law as a consumer including your right to return products under the Consumer Contracts Regulations and your right to return faulty products under the Consumer Rights Act 2015.

 

Excluded Products
The TuaMea Jewelry website does not accept returns or exchanges of: products purchased from any stores. 

Returning Products that are faulty or not as described

Please see section 14 (Consumer Warranty (Guarantee)) below for more information about your rights in relation to Products that are faulty or not as described.

If you need to return any Product because you believe it is faulty or not as described, but the deadline for returning the Product under the Consumer Contracts Regulations and the  TuaMea Jewelry website enhanced cancellation policy (if applicable) have expired, you must contact the Marianne Moelgaard ApS for further assistance before returning your product, by ordinary mail to Marianne Moelgaard ApS.

Once you have returned your Product in accordance with our instructions and your refund has been approved by Marianne Moelgaard ApS, Marianne Moelgaard ApS will refund in full the price of Products.

 

  1. Consumer Warranty (Guarantee)

THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS. IT IS OFFERED AS AN ADDITIONAL BENEFIT TO YOUR RIGHTS UNDER LAW. YOU ALSO HAVE OTHER RIGHTS UNDER LAW WHICH MAY VARY FROM COUNTRY TO COUNTRY.

You can find out about your legal rights and remedies by contacting your local consumer advice service. In particular, the TuaMea Jewelry website has a legal duty to supply products that conform to the contract made with you. Nothing in this Guarantee will replace or lessen any of your legal rights or remedies.

Products sold by the TuaMea Jewelry website include a guarantee for Products that are faulty or not as described during the periods set out below for various Product types:
• 2 years from the original date of purchase for silver jewellery
• 2 years from the original date of purchase for gold jewellery

  • 1 year from the original date of purchase for parts of Products, leather and string items.

This means you can request a repair or replacement if the Products turn out to be faulty or not as described during this period. Marianne Moelgaard ApS will repair your Product or replace it with a Product of identical or similar characteristics, except as set out below. Marianne Moelgaard ApS may at its own discretion replace your

If the Product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction. Refunds, if authorised, will usually be made using the same payment method originally used by you to pay for your purchase.

 This Guarantee does not cover normal wear and tear or damage caused by accidents, mishandling, improper use (such as knocks, dents, crushing etc.).

Repairs (or attempted repairs) to Products other than by Marianne Moelgaard ApS will void this Guarantee whether or not damage has been caused by such repair or attempted repair.

If your Product is repaired or replaced by Marianne Moelgaard ApS under this Guarantee, the new item will benefit from the remainder of the term of this Guarantee (calculated from the date of the original purchase of the Product). The period of this Guarantee shall not be extended whether or not your Product is repaired or replaced.

Wearing counterfeit charms, charms from incompatible TuaMea Jewelry collections or charms by other brands on your TuaMea Jewelry bracelet could damage the unique threading system and if such damage is caused, it will not be covered by this Guarantee.

 

  1. Liability

Marianne Moelgaard ApS warrants to you that any Product purchased from the TuaMea Jewelry website is of satisfactory quality and fit for all the purposes for which products of the same kind are commonly supplied.

Marianne Moelgaard ApS is only liable for foreseeable loss and damage. Marianne Moelgaard ApS is not responsible for any loss or damage that is not foreseeable. HOWEVER NOTHING IN THESE SALES TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Marianne Moelgaard ApS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS PLUS DELIVERY FROM THE TuaMea Jewelry WEBSITE.

 

  1. Severability

If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable (deleted) from these Sales Terms and this will not affect the validity and enforceability of any remaining provisions.

 

  1. Contact Details

Marianne Moelgaard ApS will assist you with any TuaMea Jewelry website order related questions or complaints. You can contact Marianne Moelgaard ApS in the following ways:


  • via TuaMea Jewelry website;
    • in writing to Marianne Moelgaard ApS, Damstien 3, 2, No7, DK-6000 Kolding, Denmark

Marianne Moelgaard ApS will endeavour to resolve any complaint you may have.

 

  1. Transferring rights and obligations to another person or organisation

 

These Sales Terms are binding on you and Marianne Moelgaard ApS. It will also be binding on any person or organisation to which Marianne Moelgaard ApS might transfer its rights and obligations to.

You may not transfer or otherwise dispose of your contract with Marianne Moelgaard ApS, or any of your rights or obligations arising under it, without Marianne Moelgaard ApS prior written consent.

Marianne Moelgaard ApS may transfer or otherwise dispose of a contract with you, or transfer any of Marianne Moelgaard ApS rights or obligations arising under it, at any time. If you have an outstanding order with Marianne Moelgaard ApS at the time of any such disposal or transfer, you will be contacted if Marianne Moelgaard ApS and you may cancel your outstanding order if you do not want to proceed.

 

  1. Third Party Rights

Other than Marianne Moelgaard ApS, any person who is not a party to the contract between you and Marianne Moelgaard ApS is not entitled to enforce any of its terms.

 

  1. Intellectual Property Rights

The content on the TuaMea Jewelry website including all jewellery design, copyright, trade marks and other intellectual property rights it contains, including the name TuaMea Jewelry is the sole property of Marianne Moelgaard ApS or its licensors.

 

  1. Data Protection

Marianne Moelgaard ApS believes strongly in protecting user privacy and personal data. Any personal data collected and processed by Marianne Moelgaard ApS privacy policy . Please read Marianne Moelgaard ApS privacy policy for further information on how Marianne Moelgaard ApS processes personal data collected from users of the TuaMea Jewelry website.

 

  1. Waiver

If Marianne Moelgaard ApS fails, at any time, to insist that you comply with your obligations under these Sales Terms, or if Marianne Moelgaard ApS does not exercise any of its rights under these Sales Terms, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. Marianne Moelgaard ApS can still require you to comply at a later date.

 

  1. Entire Agreement

These Sales Terms and any document that we have referred to within them (including via hyperlink) represent the entire agreement between Marianne Moelgaard ApS and you and takes precedence over any other previous agreement or representation made to you whether oral or in writing.

You acknowledge that, in entering into a contract with Marianne Moelgaard ApS, you have not relied on any representation or promise given by Marianne Moelgaard ApS or anyone else except as set out in these Sales Terms.

 

  1. Governing Law and Jurisdiction

These Sales Terms and your purchase of Products from Marianne Moelgaard ApS through the TuaMea Jewelry website shall be governed by and construed in accordance with the laws.

Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Marianne Moelgaard ApS (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the Danish courts 

 

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