1. General Provisions
1.1 These general conditions of sale (“General Conditions”) apply to all sales of Ash Stymest Jewelry products (“Products” or “Product”) through the www.Ash Stymest Jewelry.com (”Website”).
1.2 The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”), being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18, for their personal use. Consequently, by placing an order on the Website, Clients agree and warrant that they do not make the relevant purchase in connection with any dealings or transactions with entities or individuals under UN, US or EU sanctions or to be brought back to North Korea or Syria.
1.3 The language used to enter any contract of sale through this Website is English.
1.4 Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by Ash Stymest Jewelry according to Section 5.10 below. Contracts of sale executed with Clients will be archived by Ash Stymest Jewelry for the retention period required by applicable law.
2. Identification of the vendor
2.1 The vendor is Ash Stymest Jewelry, (“Ash Stymest Jewelry”).
3. Information on Products and their availability
3.1 Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.
3.2. Pictures of the Products displayed on the Website may not correspond precisely to their actual appearance; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned in the Website.
3.3 Ash Stymest Jewelry reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; Ash Stymest Jewelry is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract.
3.4 Since the sale of Products through the Website is available to consumers for personal use only, Ash Stymest Jewelry reserves the right to refuse orders on legitimate grounds, notably when the Products are ordered in abnormal quantities and/or in such quantities that it can be assumed that they may have been purchased for commercial purposes or other unauthorized or illegal activities. These restrictions may include abnormal and/or repeated orders placed by, or under, the same account, the same payment method and/or orders that use the same billing and/or shipping address. Unless otherwise indicated during the purchase process, for each order, the purchase of more than one (1) piece of the same Product is not allowed.
3.5 In no case Ash Stymest Jewelry shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4. Price
4.1 The prices of the Products are indicated on the Website in USD and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form.
4.2 Ash Stymest Jewelry regularly verifies that prices of the Products displayed on the Website are correct; however, Ash Stymest Jewelry cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Ash Stymest Jewelry shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Ash Stymest Jewelry will also offer the Client the opportunity to cancel the order.
5. Execution of the Contract
5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Ash Stymest Jewelry.
5.2 Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Conditions.
5.3 To purchase a Product Client must (i) include the selected Product in the ”Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Ash Stymest Jewelry through the Website.
5.4 Sending of the order constitutes a proposal to purchase the selected Product, regulated under these General Conditions and binding for the Client with no prejudice to the withdrawal right under Section 10. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Product.
5.5 Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their ”Shopping Bag”).
5.6 The order proposal and the Client’s data related to that order proposal will be kept by Ash Stymest Jewelry for the period required by applicable legislation, as provided under the privacy policy.
5.7 An order proposal may be refused by Ash Stymest Jewelry within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Ash Stymest Jewelry, Ash Stymest Jewelry may refuse an order proposal in the following events (by way of example but without limitation): (i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or (ii) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or (iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Ash Stymest Jewelry.
5.8 The contract between Ash Stymest Jewelry and the Client is executed upon receipt by the Client of the acceptance by Ash Stymest Jewelry of the order proposal (“Order Confirmation”). The acceptance (or the refusal) by Ash Stymest Jewelry shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.
5.9 In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.
5.11 Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.
5.12 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.
6. Method of payment
6.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer. As the purchaser, the Client represents and warrants to have legally obtained the funds used to pay the price of the Products included in the order proposal (and the relevant delivery charges, if any) and not to be engaged in any transaction designed to conceal the identity, source or destination of the funds with which the Client pays the price of the ordered Products (and the relevant delivery charges, if any).
6.2 Ash Stymest Jewelry accepts payments made with the following credit cards: Visa; MasterCard; American Express.
6.3 The transactions will be debited from the Client’s credit card only after: (i) the credit card data has been verified; (ii) the authorisation to debit the card has been received from the issuer of the card used by the Client, and (iii) the availability of the Product has been confirmed by Ash Stymest Jewelry.
6.4 In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before the latter is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after: (i) the credit card data has been verified; and (ii) the authorization to debit the card has been received from the issuer of the card used by the Client.
6.5 Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.
6.6 For each order, Ash Stymest Jewelry shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7. Transport and delivery
7.1 The Client can currently only be sent a product(s) in line with the below, as indicated on the check-out page:
(i) delivery by a courier service selected by Ash Stymest Jewelry (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. Ash Stymest Jewelry shall not deliver to PO Boxes; or
7.2 Except if a force majeure event or unforeseeable circumstance occur, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Ash Stymest Jewelry shall, without undue delay, reimburse all sums paid under the Contract.
7.3 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to: (i) verify that the number of items being delivered corresponds to that indicated on the delivery note; (ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner; (iii) sign the delivery note; and (iv) if requested by the Courier, show his/her ID. Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
7.4 Delivery charges, if required, shall be borne by the Client and will be indicated separately on the order form and invoice.
- Dispatching and delivery confirmation
8.1 Ash Stymest Jewelry shall send to the Client a shipping confirmation via e-mail once the Product(s) are dispatched and a further e-mail once the Product(s) have been delivered.
9. Wrapping or packaging
9.1 Products purchased from the Website are delivered with standard packaging.
10. Right of withdrawal
10.1 The Client has the right to withdraw from the contract with no reason within 30 (thirty) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product.
10.2 To exercise the right of withdrawal, the Client may, within the term mentioned under Section 10.1 start the return process by:
• clicking here ; or
• selecting “Return this Item” from the delivery confirmation email.
10.3 Within 14 (fourteen) days of the communication of withdrawal, the Client shall return the purchased Products to Ash Stymest Jewelry. The deadline is met if the Client dispatches the goods before the respective period is expired. To return the Products, the Client shall contact the carrier via the email located on the return request email or in the return page that appears when the Client completes the online return process. The Client can also arrange pickup by emailing us via our contact email address. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Ash Stymest Jewelry reserves the right to refuse the return of the Products. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
10.4 Ash Stymest Jewelry shall reimburse all payments received from the Client, including the costs of delivery, if any, within14 (fourteen) days of the day on which Ash Stymest Jewelry has received the Products back, or until the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Ash Stymest Jewelry using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.
10.5 Once the Products have been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in this Section 10.
11. Personalized Products
11.1 The right of withdrawal does not apply to orders for personalised Products, such as, for example, those with the Client’s initials engraved on the Product.
12. Replacement of Products
12.1 Without prejudice to the Client’s rights according to Sections 10 and 13, and with the exception of personalized Products, Ash Stymest Jewelry allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:
(I) after that, the Client shall return to Ash Stymest Jewelry the Products to be replaced. To return the Products, the Client shall contact the carrier at the number located on the return request email or in the return thank you page that appears when the Client completes the online return process. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.
12.2 The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Ash Stymest Jewelry reserves the right to refuse the exchange of the Products. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
12.3 The amount paid by the Client shall be reimbursed by Ash Stymest Jewelry, through the same payment method used by the Client for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to Ash Stymest Jewelry.
12.4 The exchange will be accepted by Ash Stymest Jewelry subject to the availability of the new Products requested.
12.5 The replacement will be processed by Ash Stymest Jewelry as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. if the price is different, Ash Stymest Jewelry will refund – or request the Client to pay – the difference, as the case may be.
13. Lack of conformity
13.1 If a Product sold by Ash Stymest Jewelry has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email via our online Sales Assistant at: [email protected]
13.2 The Client has the right to have the Product(s) brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract cancelled. In any event, actions intended to assert a lack of conformity not maliciously concealed by Ash Stymest Jewelry shall automatically lapse 1 (one) year after the delivery of the Products.
13.3 In the event the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Ash Stymest Jewelry, as well as any costs related to the delivery to the Client of the repaired or replacing Product.
14. Guarantee of authenticity and intellectual property rights
14.1 Ash Stymest Jewelry guarantees the authenticity of all Products purchased on the Website.
14.2 The “Ash Stymest Jewelry” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the company of Ash Stymest Jewelry.
15. Applicable law and competent jurisdiction
15.1 These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with United States laws.
15.2. The disputes arising out of, or relating to these General Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Client.
Alternatively, the Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr
