ONLINE SALES TERMS & CONDITIONS OF ELLAMADA LLC
1. General
The present online sales terms and conditions (hereafter the “Terms”) are adopted by Ellamada LLC (hereafter “Ellamada”), a company established under the laws of Switzerland with offices at rue de la Mairie 3, c/o IKF Management SA, 1207 Geneva, Switzerland.
The Terms govern the sale of Ellamada products via the online store on the website www.ellamada.com (hereafter the “Site”). The Terms do not apply to sales made by retailers of Ellamada products.
The Terms applicable to any given order are those in force on the date of the order, in the version posted on the Site on that date. Upon confirmation of your order, you will be asked to accept the Terms. The acceptance of the Terms is a necessary condition for the processing of your order.
Ellamada reserves the right to amend the Terms at any time, at its discretion. If you wish to order Ellamada products via the Site, we recommend that you consult the Terms as they are posted on the Site before confirming your acceptance.
2. Buyers
Online sales via the Site are intended for end consumers of Ellamada products, and not for retailers. Ellamada may, at its discretion, refuse an order if it suspects that the buyer purchases the product for resale.
If you are not 18 years old, you declare that you have an authorization from a legal representative allowing you to make an order via the Site.
3. Products
The Ellamada products that you may purchase via the Site are those displayed on the Site on the date of your order, within the limit of available stock.
Certain products may be customized at your request. In such case, the manufacture takes approximately 4 to 6 weeks.
Ellamada reserves the right to amend at all time its assortment of products offered for sale via the Site.
The images of Ellamada products displayed on the Site are used by way of illustration and may differ from the delivered product. The descriptions and product sheets available on the Site are provided only by way of indication and do not constitute contractual documents. Each piece is handmade and all stones are natural. The colors and finish of a product may consequently differ from the illustrations on the Site.
Ellamada declines all liability for possible errors or omissions in the images displayed on the Site and in the descriptions or product sheets.
Ellamada reserves the right to limit the number of Ellamada products that it is possible to purchase within a single order session.
4. Prices
Product prices are indicated in Swiss Francs, Euros and US Dollars.
Prices do not include VAT (except for prices for Switzerland) nor delivery costs or customs taxes.
Ellamada reserves the right to amend the prices of the products and the delivery costs without prior warning and at its discretion.
5. Orders
To place an order via the Site, you have to create a client account on the Site.
To order products via the Site, you will have to proceed as follows:
– Once you have selected the product, click on the button “add to cart”.
– Once you have added to the cart all products that you wish to order, click on the button “finish the order”.
– The content of the cart will be displayed, and you will be able to delete the products that you do not wish to order by clicking on the button “delete”.
– Once you have verified the content of the cart, you will need to accept the present Terms by checking the corresponding box to pursue your order. Then, click on the button “transmit the order”.
– You will be asked to communicate personal information to allow us to process your order, namely your name, your billing address, the address for delivery of the products, your email address and your credit card details. If you do not have a client account yet, you will be able to create it at this point.
– This being done, the Site will display a page summarizing the ordered products and their price, as well as the applicable delivery costs, depending on your address of delivery. You will be asked to confirm your acceptance by clicking on the button “confirm the order”. Once you will have confirmed the acceptance, your order will be final and you will not be able to modify it anymore.
– An automated email confirming that we have received your order will be generated immediately after the sending of the order. Such email does not constitute an acceptation of the contract by Ellamada.
– You will then receive by email a confirmation of order containing all details of your order. Ellamada will be bound by the order upon issuance of this confirmation.
Ellamada reserves the right to refuse or cancel any order at its discretion. Ellamada may in particular refuse an order when there is a dispute with you regarding a preceding order or if Ellamada has reasons to believe that you do not comply with the present Terms. If an order is cancelled after the debit of your credit card, the corresponding amount will be reimbursed.
6. Payment
The payment of products purchased via the Site is made by credit card only.
Ellamada accepts Visa and MasterCard credit cards. Ellamada may accept other credit cards at its discretion but without any obligation to do so.
Your credit card will be debited at the time of shipment of the products to the delivery address indicated in your order.
All holders of credit cards are subject to validation and authorization by the issuer of the card. If the issuer of your card refuses payment, Ellamada will not deliver the ordered product. It will be up to you to contact directly the issuer of your card to solve the problem. Ellamada declines all liability for the delay in delivery or non-delivery of the product.
7. Delivery
Ellamada will bear the delivery costs when the address for delivery is in Europe, in the U.S.A. or in Switzerland. If you select a “First class” delivery, you will be asked to send an email to Ellamada at contact@ellamada.com before confirming your order. Ellamada will communicate to you the cost of a “First class” delivery, which you will have to bear.
You will have to bear delivery costs of CHF/EUR/USD 25.- when the address for delivery is in Africa, Oceania, Asia, Middle-East or Latin America. If you select a “First class” delivery, you will be asked to send an email to Ellamada at contact@ellamada.com before confirming your order. Ellamada will communicate to you the cost of a “First class” delivery, which you will have to bear.
The prices and delivery costs that apply to your order will be indicated in the page summarizing your order. You will be informed of their amount before confirming your order.
Levies, taxes or customs duties may be charged upon import of the products in the country of destination. Those levies, taxes and duties are not included in the prices of the products or the delivery costs and you are responsible for them. It is up to you to inform yourself on this subject before placing your order and to pay those possible levies, taxes or duties. Ellamada declines all liability in this respect.
The timeframe within which Ellamada delivers the ordered products depends upon the country of destination and the mode of delivery that you have selected. By way of indication, the delivery period for Switzerland is usually 1 to 3 business days.
The delivery periods mentioned on the Site and/or in the confirmation of order are mentioned only by way of indication and Ellamada declines all liability if delivery occurs after such periods.
The ordered products are delivered in their individual packaging. You will also receive a copy of the confirmation of order.
8. Right of withdrawal or exchange
8.1 In general
The right of withdrawal or exchange does not apply to customized products, which Ellamada will not be take back or exchange.
For reasons of hygiene, the right of withdrawal or exchange does not apply to products delivered in a closed bag (for example earrings) when the bag has been opened.
In addition, Ellamada will not take back or exchange products already worn or damaged and no voucher will be offered. Ellamada will inform you by e-mail and you will then have 30 days to request the return of your package at your expense.
8.2 Residents of the European Union
If you reside in a member State of the European Union, you have the possibility to withdraw from the contract by sending us a declaration of withdrawal within 14 days from the delivery of the product.
You may send us your declaration of withdrawal by sending us an email at contact@ellamada.com. Your declaration must indicate the order number mentioned on your confirmation of order.
You must then send back the product to us in a perfect condition in its original packaging, within 14 days from the date of your declaration of withdrawal.
The shipment costs of returned products must be borne by you.
Upon receipt of the returned product, Ellamada will reimburse you by crediting your credit card of an amount corresponding to the price of the product and the initial delivery costs. If you had selected a “First class” delivery, Ellamada will reimburse you only the standard delivery costs.
8.3 Residents of countries outside the European Union
If you reside in a country outside the European Union, you have the possibility to exchange the purchased product against a voucher of corresponding value (valid for 30 days), by sending us a declaration of exchange within 14 days from the delivery of the product.
You may send us your declaration of exchange by sending us an email at contact@ellamada.com. Your declaration must indicate the order number mentioned on your confirmation of order.
You must then send back the product to us in a perfect condition in its original packaging, within 14 days from the date of your declaration of exchange.
The shipment costs of returned products must be borne by you.
Upon receipt of the returned product, Ellamada will offer you a voucher of a value corresponding to the price and the initial delivery costs. If you had selected a “First class” delivery, the delivery costs will not be included in the voucher’s value.
The voucher will be valid for 30 days from the reception of the returned product.
9. Warranty
A product ordered via the Site may happen to be defective, despite the care used by Ellamada to verify the good condition of the delivered products.
Ellamada provides a two-year warranty for any defect in material or manufacturing for all Ellamada products. The warranty period starts on the date of delivery of the product.
You must inspect carefully the delivered product upon receipt, and notify us in writing within 14 days if a delivered product presents a visible defect, or if it does not possess the characteristics specified in the confirmation of order. You may send us a notification of defect by sending us an email at contact@ellamada.com.
If a defect becomes apparent later during the warranty period, you must notify us in writing without delay by sending us an email at the address mentioned above.
If you omit to notify us of a defect in due time, the product will be considered as accepted and you will no longer be entitled to invoke the warranty.
The defective product must then be sent back, if possible in its original packaging, to the address that we will indicate to you.
Upon receipt of the returned product, after verification of the existence of a defect covered by the warranty, Ellamada will, at its choice, either send you a replacement product, repair the defect or reimburse the price paid (including the initial delivery costs) by crediting your credit card.
Damages to the product resulting from use not consistent with the product’s destination are not covered by the warranty. Likewise, normal wear and tear (such as change of color of rhodium plating, or alteration due to perfume), as well as damages caused by accident are not covered by the warranty.
10. Force majeure
Ellamada incurs no liability if it is prevented from executing an order by an event of force majeure. Force majeure events are circumstances outside the control of Ellamada, including in particular important disruptions affecting the company, accidents, strikes, late or defective deliveries of raw materials or semi or completely manufactured products, restrictions imposed by authorities, fire, flood or other natural disasters.
11. Limitations of liability
Within the limits allowed by applicable law, Ellamada declines all liability for any direct or indirect damage caused by an Ellamada product, including in particular loss of revenue, lost profits or any costs related to a delay in delivery.
Despite the care brought to the composition of the Site, the Site may contain erroneous or incomplete information. Ellamada does not guarantee the exhaustiveness, exactness or current character of the information displayed on the Site.
Ellamada declines all liability for any direct or indirect damage that may result from an interruption of the Site, from the occurrence of bugs hindering navigation on the Site or from any other technical problem (including the possible presence of virus or other harmful elements).
Ellamada declines all liability regarding the content of third-party websites accessible from the Site or pointing to the Site by means of hypertext links. Ellamada does not exercise any control over the content of such external websites.
12. Personal data and privacy policy
When you create a client account on the Site, you are asked to provide us with information on yourself, such as your name, your email address, your billing address, your delivery address as well as your credit card details. You undertake to provide us with exact and complete information.
Ellamada undertakes to treat your personal data confidentially. We ask you to consult our privacy policy to know how Ellamada collects, uses and protects your personal data.
13. Intellectual property
The ELLAMADA trademark is a protected trademark of Ellamada.
The Site and its content, including texts, photographs, visuals, video animations and software are protected by copyright. Any reproduction is prohibited, except for your strictly personal use.
The purchase of a product does not confer you any intellectual property right on this product. All intellectual property rights pertaining to the Ellamada products, including trademark and design rights, as well as copyright, are the exclusive property of Ellamada or of its partners.
14. Applicable law
The present Terms are governed by Swiss law, excluding the Vienna Convention on contracts for the international sale of goods.
The tribunals of the canton of Geneva, Switzerland, have exclusive jurisdiction to decide any dispute arising out of or related to the on-line sale of Ellamada products, subject to imperative legislation providing for a different jurisdiction.
In certain countries, consumers may have rights that go beyond those provided in the present Terms. These rights are not affected by the present Terms insofar as national legislation does not allow for contractual derogation.
Privacy Policy
Privacy Policy of Ellamada LLC
The present Privacy Policy is an inherent part of the Online Sales Terms & Conditions of the site www.ellamada.com (the “Site”). This Policy explains how Ellamada Sàrl (“Ellamada”) collects and uses personal data provided by users of the Site.
Any question may be addressed to contact@ellamada.com or to the following address:
Ellamada LLC
Rue de la Mairie 3
c/o IKF Management SA
1207 Geneva
Switzerland
1. Collected data
The purchase of a product via the Site requires the creation of a client account on the Site.
When you create an account on the Site, we will ask you to provide certain personal data, such as your name, your address, your email, your shipping address, your telephone number and your credit card details. Your IP address will also be recorded. Ellamada stores such data on a server for the whole period of existence of your account.
When you use the contact form on the Site to contact us, you will be asked to provide personal data such as your name, email address and telephone number. Your IP address will also be recorded. Ellamada stores such data on a server for the period of time necessary to handle your request.
2. Purpose of the data collection
Ellamada uses your contact details, your shipping address and your credit card details to process the purchase orders that you place via the Site.
Ellamada uses your contact details to respond to the messages that you send us via the contact form on the Site.
Ellamada uses your contact data to send you information regarding its products. You have the possibility to refuse promotional emails by using the “unsubscribe” option provided in each of our emails.
Ellamada undertakes to keep your personal data in confidentiality and to refrain from transmitting them to third parties. However, Ellamada may share your data with service providers bound to us by a service agreement (for the management of emails, the processing of payments or the hosting of a server, for example). These providers are under the contractual obligation to protect your data in a manner complying with the present Privacy Policy.
3. Modification and deletion of data
You may at all times access your personal data recorded in your account, and make modifications or amendments. You may also delete the data by requesting the closing down of your account.
Any request regarding access, modification or deletion of data can be sent to the following email address: contact@ellamada.com
4. Cookies
When you visit the Site, we collect by means of cookies log data such as the type of your browser, the IP address used to access the Site, the date of your visit, the last page visited, or actions made on the Site. A cookie is a small text file placed on the hard drive of your computer or other equipment (tablet, smartphone, etc.). Cookies help website owners improve the efficiency of their websites and gain information about how their sites are being used.
The Site may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies. The information generated by the cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the USA. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
You can remove and reject cookies by adjusting your browser settings. Each browser has its own procedure and we suggest that you find out about this on the website of the browser’s publisher. If you remove or reject our cookies, it may affect how our Site works for you.
5. Amendments to the Privacy Policy
Ellamada reserves the right to amend at all times the present Privacy Policy.
December 2018