TERMS AND CONDITIONS


HOLIDAY TERMS FOR DELIVERY AND RETURNS

DELIVERY
Order your treasures in time before the holidays. To ensure that your gifts will be on time for Christmas, please make sure that you order before:

  • Denmark, Norway, Great Britain and within the EU: December 19
  • United States: December 17
  • Outside the EU: December 16

RETURNS
During the holiday season, we have extended returns. This means that you are able to return your gifts until January 14, 2019.


The following terms and conditions shall apply for all contracts between you and Maria Black about ordered products and delivery in Maria Black’s online shop www.maria-black.com.


1 GENERAL INFORMATION
This website is provided by:

Maria Black Jewellery Aps
Lille Strandstraede 14D, 2
1254 Copenhagen
Denmark

CVR: 33860633

Email: hello@maria-black.com
Phone: +45 40480789

If you experience problems with your order or the general use of www.maria-black.com, please do not hesitate to contact Maria Black's Customer Service:

If you have trouble understanding parts of the Terms and Conditions, we recommend that you contact Customer Service before you start shopping on www.maria-black.com.


2 IMPORTANT NOTICE

READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU ORDER PRODUCTS FROM WWW.MARIA-BLACK.COM.

These terms and conditions apply when you order or buy products from this website. The Terms and Conditions may be updated from time to time (for example to reflect changes in technology, our business model, our system capacity, or relevant laws and regulations), and we therefore ask you to accept the Terms and Conditions every time you shop with us. Any reference to "you" or "your" means you as a user of this website, any reference to "we", "us" or "our" means Maria Black Jewellery Aps.

If you do not accept these Terms and Conditions, you cannot order or purchase products on this website.

You have the right to withdraw from this contract without giving any reason within 14 days after the date on which you or a third party other than the carrier (e.g. DHL or Fed-Ex) and indicated by you acquires physical possession of the products.

The rules on lack of compliance in the Danish Sale of Goods Act apply to your purchase, which means that you have certain statutory warranties for the products' conformity with the contract. Read more under "Non-conforming products and incorrect products".


ORDERING

The online shop is open 24 hours a day but may be closed due to maintenance services. To the extent possible, we try to perform such maintenance services during the night Central European Time.

An order placed on a Danish public holiday or during the weekend will be processed on the following business day.

You can place an order by carrying out the following steps:

  • Select product(s) and “Add to bag”. 
  • Select “View and edit bag” to see detailed information about the products, to change quantities and to add a gift box. To proceed to checkout, click on “Continue”. 
  • Log in or enter personal information, choose your shipping method and your preferred payment method. Before clicking “Place order” you must read and agree to our Terms and Conditions by ticking the box.
  • Enter relevant payment method details to secure you order. The checkout is completed via 3D-secure gateway.

After placing your order, you will receive an order confirmation email from Maria Black which confirms the order and contains order details. This email does not constitute the acceptance of the offer.

We accept the offer either by shipping the products to the address provided by you or by confirming the shipping by an email containing a tracking link. The contract has not been concluded before we have accepted the offer. The payment will be collected after the order has been shipped.

We can only process your order if the delivery address is a residential address or a business address in one of the countries under "Delivery". Please note that we do not deliver to PO boxes.

Among other things, we reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:

  • Your payment details are incorrect or cannot be verified
  • Your order is placed with the purpose of committing fraud etc. or placed in connection with a criminal offense or other unlawful activities
  • There is an inadvertent error on this website, such as a payment error or the like

Contracts can only be concluded on this website, by email, or by phone to our customer service. We do not process orders made in letters or faxes.


At what point in the ordering process am I bound by my order?

Before submitting the order, you have the option of changing the information that you have provided including payment information or delivery and billing information. Please be aware, that you can only change your billing information if you are logged in to your Maria Black user account and create separate addresses. Furthermore, you have the option of making changes to your order or to remove products from your shopping basket.

When you click "Place order" and the receipt appears on your screen, you are bound by the contract of purchase.

If you experience any problems or made a mistake while placing your, please contact our customer service.

Your order has been confirmed when you receive a confirmation email from Maria Black.

After the conclusion of the contract, the provisions on withdrawal apply, see below.


Language of the Contract

This Contract may only be concluded in English.


Access to the Contract

You will receive a confirmation of the content of the contract and a copy of these Terms and Conditions by email. We store concluded contracts, including the order confirmation, for a reasonable amount of time, and we recommend that you save these documents as well; they may not necessarily be available on this website subsequently. Please read more under "Order tracking and view history".


Measures against fraud

In order to protect you and our other customers from fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification check may comprise the data that you send when ordering, including your address and payment information.


3 MEANS OF PAYMENT

We accept the following means of payment:

  • Visa
  • EuroCard/MasterCard
  • American Express
  • Visa Electron
  • Mastercard Direct
  • PayPal

We do not accept other methods of payment.


CVV (Credit Card Verification Number)

If you choose to pay by credit card, you will be asked to enter the card's security code. You will find the three-digit security code on the back of your credit card, usually on the right side of the credit/debit card's back. The security code is necessary for the payment to be processed and for maintaining a high level of security. There may also be other similar safeguards.


Payment procedure

Once your order leaves our warehouse, your payment will be debited on the selected payment service. In some cases, we might reserve the order amount from your money account, but if the order is to be cancelled, your money will be released back to you.


4 DELIVERY AND PRICES

All the listed prices for products, delivery costs and other costs include taxes and valueadded taxes.

Costs relating to delivery, freight or postage may vary and are added to each order.


Delivery

We deliver to the following countries* with GLS, FedEx, and DHL:

  • Within the EU: 1-3 working days
  • Outside the EU: 2-7 working days

If you order several items and one or more are out of stock, we will partially ship the products available and inform you via email about the delivery window of the remaining products.

The shipping cost depends on your location:

  • Denmark: Free shipping
  • Norway: Free shipping
  • UK: £10.00. Free shipping on orders above £80.00
  • US: $15.00. Free shipping on orders above $100.00
  • EU countries: €12. Free shipping on orders above €100
  • Rest of the world*: €20.00. Free shipping on orders above €100

*Currently, we do not ship to Russia and North Korea.

We will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as if a package is lost by one of our carriers. This condition does not affect your statutory rights.

We take every care to protect your products during transit. However, should any damage have occurred before you receive the products, please contact our customer service to arrange a replacement of the damaged pieces. If the products have been damaged during transit, please return the jewellery and we will exchange the damaged pieces.

If you do not pick up the parcel or take any action regarding the delivery and the parcel is shipped back to us, we will charge a fee of €60 / £55 / $70.
If the package is not picked up and any kind off fee is added, you are responsible for the extra cost and will be charged all costs and expenses associated with the return shipment. This includes freight charges, any extra payments, duties, taxes, levies, fees for Link Logistics a/s prepayments, return charges, any additional fees, etc.

Please note, that in case of delivery outside EU you are obliged to bear the customs duties and further costs incurred. We are not responsible for knowing the customs policies of other countries than Denmark. If you have any questions with regards to the customs regulations in your specific country, please contact your local customs office.

Please note that the risk of loss of or damage to the products passes to you after delivery. If the package appears to be damaged or ripped open, you should refuse to receive the products. If you wish to complain about any lack of conformity, you are required to give notice to us. Please read more under "Non-conforming products and incorrect products".

We reserve the right to change the prices and are subject to any printing errors, sold items and price changes.


Currency

The prices on the website are shown in the currency applicable to your country. If you wish to change your country selection, you can do so in the top left corner of the website on your computer or in the menu on your smartphone. Your delivery address determines the applicable currency.

Please note that a change of country of delivery may influence the price and delivery cost.

You can pay in the following currencies:

  • DKK
  • NOK
  • EUR
  • GBP
  • USD


Order tracking and view history

When you place an order on our website, you will receive a tracking number and link in a separate email to track your order via one of our courier’s websites. If you create a user account on our website, you can view your order history and check the status of your current orders. You can create an account here.

If you do not have a user account, you can contact customer service who will let you know the status of your order.


5 TERMS OF RETURN

HOLIDAY GIFTS: During the holiday season, we have extended returns. This means that you are able to return your gifts until January 14, 2019.

On this website you have the right to return your order within 14 days from the date you receive your items. Follow the procedure below if you wish to return/exchange an order:

  1. Find the return form that you received with your invoice in the parcel. Remember to tick whether you wish to return or exchange your item.
  2. Make sure to pack the jewellery safely and in its original box and packaging. 
  3. Return the products to:

Maria Black
ATT: Web shop
Lille Strandstraede 14D, 2
1254 Copenhagen
Denmark

You must return the items directly to Maria Black and is not entitled to return items to other vendors of Maria Black.
You can also return items in our flagship store in Silkegade 13, 1113 Copenhagen, Denmark if you show the invoice you received when you purchased your jewellery.
As a rule, products should be returned in their original packaging. They are to be unused other than for trying them on. If there is evidence that suggests that the jewellery have been used to a degree that decreases the value of the product, you will lose your right to return the products. If the jewellery arrives to us broken, the right of return waives.

We will not bear the direct costs of returning the products, unless the return is a result of our error. In that case please contact customer service who will provide you with a shipping label, which will cover the costs associated with returning the products to us.

Our return policy does not affect your statutory rights.


Refund
To prevent fraud, we are only able to refund the amount to the credit card or PayPal account that was used to place the order. We are entitled to retain the refund until we have received the items or proof of return of the items has been presented to us whichever is the earlier.

We are not able to refund customs and VAT for orders sent to destinations outside the EU. It should be noted that we will not refund customs and VAT for orders shipped to customers outside the EU, where the deliveries are refused by the customer or because the customer was not home to receive the delivery. All sales taxes will be refunded to customers within the EU.


Right to claim compensation
If your jewellery breaks due to a production error, you have the right to claim compensation within 2 years from the date you purchased your products. This will, however, only apply if you are able to provide valid proof of the date of purchase. If you are able to provide such proof, you will receive a new piece or have it repaired by us free of charge. Please contact our customer service via email stating your order number, description and photo of the damage.

If the damage is caused through your own fault, you should bring your jewellery to your local goldsmith for repair.

We reserve the right to decline unreasonable repairs, returns and exchanges.
If you have questions concerning repairs, please reach out to customer service and we will do our best to help you.

All sales are final.


6 NON-CONFORMING PRODUCTS AND INCORRECT PRODUCTS

If your products are non-conforming or we have delivered the incorrect products, please contact our customer service. You are not responsible for costs associated with the return of non-conforming or incorrect products. If you notice the non-conformity or we have delivered incorrect products at the time of delivery, you should refuse to receive the products.

In case of non-conforming or incorrect products, you can choose between the following options:

  • Return the products with a shipping label provided by Customer Service and receive a refund of the purchase price when we have processed the returned products,
  • Return the products with a shipping label provided by Customer Service and receive similar products when we have processed the returned products, provided we can supply an equivalent, or
  • Keep the products and if the value of the products is less than the originally ordered products you will receive a discount for the difference in price.

When contacting customer service, you will be asked to provide the order number, and to describe what is wrong with the products including a picture with a file size under 1 megabyte.


7 ACCOUNT

To prevent unauthorized access to your Maria Black user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Please take all necessary steps to ensure that your password is kept confidential and secure. You should inform Maria Black if there is any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You must ensure that the details which are provided to us are correct at the time of registration.


8 OTHER MATTERS

Retention of title
We retain title to the products until receipt of all payments in full.


Copyright and use of the website
After the purchase, we are still the owner of all intellectual property rights, particularly design rights and copyrights, concerning our products.

You are not entitled to extract and/or reutilise the contents of the website, e.g. through the use of data mining, robots, or similar data gathering and extraction tools.

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired.


Updating this website

We do our best to update our website and to ensure that prices, offers, descriptions and other information concerning the products are correct. Typographical errors and errors in prices, offers, descriptions and other information concerning the products may occur.


Force Majeure

We are not responsible for delays or failure to meet our obligations in relation to these Terms and Conditions, if the delay or the non-compliance is due to events beyond our control.


The completeness of the contract

These Terms and Conditions constitute the complete terms of the contract between us.


Invalidity

If one or more of the provisions in the Terms and Conditions are declared fully or partially invalid, the remaining provisions still apply.


Assignment

We are entitled to assign our rights and obligations under the contract with you to third parties. The standard of the service you receive will not be impaired by the assignment. We will notify you of such possible assignment. By accepting these Terms and Conditions you consent to any such future assignment. At the same time, you agree that from the time when we have given you notification of the assignment, your rights may be claimed only against the third party in question.


Privacy Policy and data protection

We treat your personal data confidentially. Please read our Privacy Policy that explains how we use the personal data that you provide in connection with the ordering procedure, and your use of this website in general.


Right to complain

In case you wish to complain about products purchased from us, please contact our customer service.

You may also submit a complaint about products purchased from us to the Danish Dispute Resolution Institute, Carl Jacobsens Vej 35, 2500 Valby, Denmark. It is also possible to submit a complaint online via www.forbrug.dk.

You may also use the European Commission online complaints register when submitting your complaint. This is particularly relevant if you are a consumer residing in another EU country. You may submit the complaint by using the following link:
https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/how-make-complaint-eu-level/submit-complaint_en
When submitting the complaint, you must state our email address: hello@maria-black.com.

In case we cannot reach a settlement through the Danish Dispute Resolution Institute, you will have access to submit a complaint to the Consumer Complaints Board using this link: https://minsag.forbrug.dk/FKVWeb/CheckComplaintStart.aspx


Choice of law and jurisdiction

Any contracts concluded between us using these Terms and Conditions are governed by Danish law. Any dispute which may arise in connection with our contract, including its existence or validity, must be brought before a competent court in Denmark. As a consumer you may bring proceedings against us in the courts for the place where you are domiciled.