TERMS & CONDITIONS
1. GENERAL TERMS AND CONDITIONS
- All items are subject to availability.
- All items are accompanied with Safiya packaging material, a Safiya Certificate of Authenticity, and on select designs, a GIA Report and/or an independent appraisal.
- Safiya Alexandrites reserves the right to make any changes to the website and the terms and conditions at any given time, without prior notice. All content provided is solely for informational purposes.
- All content and information listed herein, including, features, specifications, sizes, prices, weights, and measures, are approximate and may be subject to change without prior notice. Safiya Alexandrites attempts all reasonable efforts to accurately display all information listed herein.
- In the event a product is listed incorrectly, due to typographical error or incorrect information, Safiya Alexandrites reserves the right to change all/any information, without prior notice.
- Safiya Alexandrites reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer under any given circumstance. In addition, Safiya Alexandrites reserves the right, without prior notice, to refuse and/or not fulfill any order under any given circumstance.
2. COPYRIGHT AND TRADEMARK
- All content included herein, such as text, graphics, logos, icons, pictures, images, digital designs and artwork, is the property of Safiya Alexandrites. All rights and property are protected and governed by international copyright laws. The compilation of all content listed and pictured herein, is exclusive property of Safiya Alexandrites, and shall not be reproduced, duplicated or used, without the written consent of Safiya Alexandrites.
- All terms, products, printed material labeled Safiya Alexandrites is the sole property of HTL Trading Corp and cannot be used, duplicated or reproduced without the written consent of HTL Trading Corp. All rights are protected by international laws. Opposing this rule can lead to civil or criminal penalties.
3. OFFERS AND ORDERS
- The material on the Safiya Alexandrites Website is provided for general information only. Obvious errors or mistakes in the offer do not bind Safiya Alexandrites.
- An offer is subject to availability. If a product is out of stock, despite appearing on the Safiya Alexandrites website, Safiya Alexandrites may cancel a confirmed order. In such event the consumer will be informed by email and any payments with respect to the order will be refunded.
- Orders are subject to the provisions of the general terms and conditions, the order becomes effective upon acceptance of an intent to purchase and the fulfilment of the applicable conditions by the consumer. The consumer makes the purchase by placing an order through the Safiya Alexandrites website. Promptly after receiving an order, Safiya Alexandrites will send an automated email confirming the receipt of the order.
- Safiya Alexandrites may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the order.
- Safiya Alexandrites reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
- The product is not available or the product is out of stock;
- The order is flagged by the security system as an unusual order or an order susceptible to fraud;
- The consumer’s billing information is not correct or not verifiable;
- Safiya Alexandrites has reason to believe the consumer is a reseller;
- There was an error in the price displayed on the Safiya Alexandrites website;
- Safiya Alexandrites cannot deliver to the shipping address provided by the consumer.
4. RETURN POLICY
- Safiya Alexandrites provides free returns within the Unites States. The consumer has the right to return products within 14 calendar days without giving any reason. The return period will expire after 14 calendar days from the day on which the consumer (or a third party indicated by the consumer other than the carrier) acquires physical possession of the ordered product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the consumer (or a third party indicated by the consumer other than the carrier) acquires physical possession of the last ordered Product.
- To exercise the return, the consumer must inform Safiya Alexandrites of a return by requesting a Return Merchandise Authorisation on the Safiya Alexandrites Website or sending an email with an unequivocal written statement to firstname.lastname@example.org within the return period. To meet the return deadline, it is sufficient for the consumer to request a Return Merchandise Authorisation or send the unequivocal statement to Safiya Alexandrites before the withdrawal period has expired.
- During the return period, the consumer shall handle and inspect the product and the packaging with care, in the same manner as the consumer would be allowed to do in a retail shop. The consumer shall only unpack or use the product to the extent necessary to establish the nature, the characteristics and the functioning of the product. The consumer shall be liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.
- If the consumer exercises a return, the consumer will return the product to Safiya Alexandrites by following the exactly the instructions provided for the return. This needs to be done without undue delay and in any event no later than 14 calendar days from the day on which the consumer communicated the decision for the return.. This deadline is met if the consumer sends back the product before the withdrawal period of 14 calendar days has expired. If the consumer is located outside the US, the consumer shall declare the returned Product as “Returned Merchandise” on the customs declaration form.
- The consumer shall return the product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- If the consumer timely exercises the return, Safiya Alexandrites will reimburse the relevant payments received from the consumer, without undue delay and in any event not later than 14 calendar days from the day on which Safiya Alexandrites is informed of the consumer’s decision to return. Safiya Alexandrites may withhold the reimbursement until the product is physically received. Safiya Alexandrites will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.
- Safiya Alexandrites offers free insured worldwide shipping. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect to the product, the shipping and customs clearance shall be at the consumer’s expense. Such costs or expenses which have been paid by Safiya Alexandrites, if any, shall be charged to the consumer.
- Safiya Alexandrites is entitled to refuse to accept a returned product and the reimbursement of payments if the consumer does not comply with the instructions of the return policy.
- Safiya Alexandrites will not be held responsible for any material damaged during transportation.
- All prices quoted on the Safiya Alexandrites Website are in USD.
- Safiya Alexandrites reserves the right to change the prices quoted on the Safiya Alexandrites Website without notice. Safiya Alexandrites will not be liable to the customer or any third party for price changes.
- Safiya Alexandrites does not accept any other method of payment than the payment methods indicated on the Safiya Alexandrites Website. Safiya Alexandrites may change these payment methods at any time. All actual costs of payment will be passed on to the consumer.
- The consumer has the duty to inform Safiya Alexandrites of any inaccuracies in payment data provided or stated.
7. SHIPPING AND DELIVERY
- The ordered product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the consumer, these orders may be combined, unless otherwise requested by the consumer. In such event the products will be shipped to the Consumer within 1-3 Business Days after the last order.
- The shipping and delivery terms indicated in these General Terms and Conditions, on the Safiya Alexandrites Website or otherwise communicated by Safiya Alexandrites are indicative and not guaranteed. If Safiya Alexandrites is unable to meet the (estimated) shipping date, Safiya Alexandrites will notify the consumer accordingly. Safiya Alexandrites shall not be liable for any damages and costs arising out or in connection with delayed delivery.
- Safiya Alexandrites ships to shipping addresses in the countries indicated on the Safiya Alexandrites Website. Safiya Alexandrites will deliver the product at the shipping address specified in the order of the consumer.
- If the shipping address is located outside the United States, the consumer shall be responsible for assuring that the ordered product can be lawfully imported.
- Safiya Alexandrites is authorised to engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services used by Safiya Alexandrites provide a tracking number.
- All risks in connection with the product shall pass to the consumer when the product is delivered at the shipping address specified in the order of the consumer. If the consumer refuses or fails to take and/or accept delivery of the ordered product, the consumer will be charged the actual costs of shipping the product back to Safiya Alexandrites.
- The consumer is obliged to closely examine the delivered product upon the day on which the consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
- The Consumer shall inform Safiya Alexandrites of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address: email@example.com. The email shall contain a clear description of the complaint, the Consumer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than two (2) months after the discovery of the defects.
- Complaints submitted to Safiya Alexandrites will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give Safiya Alexandrites all such assistance as Safiya Alexandrites may require for the purpose of examining the complaint. Safiya Alexandrites is only obliged to take complaints into consideration, if Safiya Alexandrites is given the opportunity to verify the complaint.
- In the event of a timely, correct and justified complaint in accordance with this clause 10, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming product, or an appropriate credit for the purchase price of the Product.
- The Consumer shall return the defective or non-conforming Product in its entirety to Safiya Alexandrites. The return costs will be taken care of by Safiya Alexandrites. The defective or non-conforming Product shall become the property of Safiya Alexandrites as soon as it has been replaced or credited.
- Safiya Alexandrites shall in no event be liable to the consumer for any indirect loss or damage arising out of or in connection with the sale of any products by Safiya Alexandrites or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilful recklessness of Safiya Alexandrites.
- Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of Safiya Alexandrites to the consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by Safiya Alexandrites or its managerial staff).
10. INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights shall remain the exclusive property of Safiya Alexandrites or its licensors. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
- The Consumer shall not copy any Products or (any part of) the Safiya Alexandrites Website, nor (otherwise) use any Intellectual Property Rights, without the permission of Safiya Alexandrites prior to written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.
- Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.
Safiya Alexandrites will process personal details of the Consumer in accordance with the privacy statement published on the Safiya Alexandrites Website.
12. AVAILABILITY OF THE SAFIYA ALEXANDRITES WEBSITE
Safiya Alexandrites does not guarantee that the Safiya Alexandrites Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the Safiya Alexandrites Website is permitted on a temporary basis. Safiya Alexandrites reserves the right to suspend, withdraw, discontinue or alter all or any part of the Safiya Alexandrites Website at any time as it sees fit without notice. Safiya Alexandrites shall not be liable for any reason due to which the Safiya Alexandrites Website is unavailable at any time or for any period.