General Terms and Conditions – Les mondes de Marina

Updated: 16/06/2021

Welcome to Les Mondes de Marina website (http://mondes-marina.com) or mobile site (“Website”). These terms and conditions apply to all users of Les Mondes de Marina website, including without limitation users who are browsers and/or customers. Your access to and use of this website as well as your purchase, are conditioned on your acceptance of and compliance with these Terms. By using this website, or by placing an order with Les Mondes de Marina (“us”, “we”, “our”) you agree to be bound by these Terms, as well as our Private Policy (available here).

Please note, these Terms and conditions can change at any time, and it is up to you to check these terms regularly before ordering products. Only the most recent version of these terms and conditions will be considered valid. If you disagree with a part or all the terms set out below, you should not continue to use or access this website.

If you have any queries relating to our terms and conditions, please contact us before ordering.

General information

http://mondes-marina.com if the website of Les Mondes de Marina, domiciled at Winzerhalde 105, 8049 Zürich, Switzerland. The following terms and conditions apply between you and Les Mondes de Marina when you visit and use the website, and/or if you place an order.
The contract for purchase is signed in the card validation as soon as you tick “I have read and agree to the website terms and conditions“.
You must be eighteen years old or more to use this website, or you can only use it with the agreement of, and under the supervision, of a legal guardian.
You agree that e-mail can be used as the main means of communication.
It is a crime to use a false name or a known invalid credit card to place an order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.
Les Mondes de Marina reserves the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
- you fail to make payment when due
- you breach any of our terms and conditions
- we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity.
We reserve the right to refuse any order placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card or account and/or orders using the same billing and/or shipping address.
We reserve the right in our sole discretion to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

Jurisdiction

These Terms are governed by and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website, and supersede and replace any prior agreements we might have between us regarding the website.

Disclaimer and limitation of liability

Your use of the website is at your sole risk. Except as otherwise set forth on this website, including without limitation the product descriptions of specific products, this website, the products and the transactions conducted through it are provided by us on an “AS IS” and “AS AVAILABLE” basis.
We make no representations or warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet-enjoyment, data accuracy or course of performance.
This website may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this website, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the products that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on Les Mondes de Marina is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product. You may re-order it if you wish. If you have already paid for the product in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit/debit card.
In the unlikely event that you receive products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the products in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the products and return them to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor color contrasts etc., we cannot be held responsible or liable for any differences in color between the image and the actual product.
The products sold are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Les Mondes de Marina.
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, global pandemic or epidemic, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees

Rules of conduct

In return for our commitment, we require you to make the hereafter commitments to us.

We want our website to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law.
We may terminate or suspend access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Entire agreement

These terms and conditions govern our relationship with you. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation except where that representation has been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Your responsibilities if you break these Terms and Conditions

You agree that if you break these terms and conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent.

Termination

You are free to stop using and/or ordering on this website at any time. We also reserve the right to suspend or end your access at any time at our discretion and without notice to you if:
- you are in breach of these Terms, or
- you are using the website in a manner that would cause real risk of harm or loss to us or our other users.
We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export any information from your client account. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the website.
We will not provide notice before termination where:
- you are in material breach of these Terms,
- doing so would cause us legal liability or compromise our ability to provide the website to our other users, or
- we are prohibited from doing so by law.
If we do decide to permanently terminate your Les Mondes de Marina account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Product’s information

We are not selling pure silver or gold jewels. The products are fashion jewelleries. They are affected in an irreversible manner by time. Unappropriated treatment(s), such as water, perfume, or any product applied to the surface, can affect the product, and lead to the metal oxidation. Natural fluids, such as sweat, can affect the product in the same way, even if the product is properly used.
Our products do not contain nickel, cadmium nor lead. However, if you think you may develop skin allergy, stop wearing the product immediately and potentially call your doctor.
Les Mondes de Marina cannot guaranty that a particular product will always be available.

Client account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Your password is secret. You must make every effort to keep it safe and should not be disclosed.
If you ever suspect that your password has been compromised, you must change it. We strongly encourage you to change your password regularly. It is not allowed to transfer or sell you username or password, either directly or indirectly.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are responsible for all actions taken under that username, and must only purchase or write a comment under your own username.

Orders

When placing an order you agree that any and all information given is accurate and complete.
All orders are subject to acceptance and product availability.
Availability information for products is listed on each individual product description. If Les Mondes de Marina does not have enough stocks to deliver the quantity you would like to order, the order cannot be made.
No contract for the sale of any product will exist between you and us until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT) and usual delivery times.
You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If your order has not been accepted, you will receive an email from us telling you the reasons why.

Payment Terms

Prices

The prices are quoted in Swiss Francs (CHF), it does not depend on your geographical location.
You must pay in this currency.
If you do not hold an account in the relevant currency you may pay by debit or credit card and your card company should exchange the amount charged to the currency of your country at their current rate.
We are not responsible for the fees that might be induced by your card company for paying in Swiss Francs. These fees will not be refunded.
All prices on Les Mondes de Marina are correct at the time of entering the information. However, we reserve the right to change prices of any product at any time. All prices include sales tax.
Discount vouchers, codes and offers cannot be used on sale products.
Prices quoted are based on Switzerland delivery.

Payment

The payment is due from the moment the order is accepted. The product will only be provided to you once the payment has been confirmed by Stripe, our payment processing service. Further information and Stripe user terms can be found here.
The payment may be made by credit card, debit card or any other such method as Les Mondes de Marina may introduce at its absolute discretion. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Stripes privacy statement.
We accept most major credit and debit cards.
Les Mondes de Marina reserves the absolute right to accept or refuse any payment made in any form.
We aim to debit your account within three working days after placing your order.
You will not be charged for any order that cannot be fulfilled and where Les Mondes de Marina will refund to your account to full amount.
All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

Delivery and shipping details

The delivery is handled by the Swiss Post (“Die Post”, “La Poste”, “La Posta”).
The delivery period within which you will receive your order is approximate. We do our best to send your order within four working days to the address given by you in your order. We will not be held responsible for the Swiss Post extra delivery times.
If you ordered more than one item, your products may be sent in several shipments if the quantity does not fit in one package.
Your order will be sent only after receipt of the payment.
So far, the shipment outside Switzerland is not possible.
The delivery fees are 3 CHF and are not included in the product price. For orders above 50 CHF, the delivery is free of charge.
If the ordering service is disabled, the delivery time period cannot be held. The customer will be informed of the delivery period before proceeding the payment.
The products are shipped in a padded envelop. The jewels are packaged in organza bags and colored silk paper.

Cancelling, returns and exchanges

Cancelling an order

If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button next to the product you do not wish to purchase in your shopping basket.
If you have placed an order that you wish to change or cancel, please contact us as soon as you can. We will try our best to make any changes, but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures. Once we have heard from you that you wish to cancel an order, any amount debited to us from your credit or debit card will be re-credited to that credit or debit account within 14 days of your order, provided the products have not been dispatched. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.

Returns procedure

You can return all or a part of your order within fourteen days after the day your products are delivered to you (date as postmark or mail service stamp). You will have to pay the costs of sending the order back to us.
The total or partial (in case of partial return) refund will be processed after the jewel(s) reception and examination. Your refund will be done on the payment method you chose to complete the order. We will not refund the standard postage and packing costs you paid as part of that order (if any).
All items returned should have a Return Merchandise Authorization (RMA) number and unidentified returns may be returned to the sender.
You will be liable to any charges incurred when returning the products to Les Mondes de Marina, unless the return is a result of an error on our side.
Please note that bespoke and made to order items including custom gold and stone orders, custom ring sizes, custom lettering, custom design elements, custom necklace lengths, sale merchandise, and gift cards are not eligible for refund or exchange.
Items should be returned new, unused, and packaged within the organza bag as received.
Products will only be refunded if returned unworn, and we reserve the right to refuse refund if they are damaged, soiled or altered, and if they appear to have been worn.
No refund will be made if the jewel has been damaged because of bad handling or signs of wear (oxidation due to liquids including but not limited to water, perfumes, and sweat, deformation, broken bead…).

Exchange procedure

The articles can be exchange if other pieces are available.
The new product will be sent to you once the former one has been returned and examined by Les Mondes de Marina. Items should be returned new, unused, and packaged within the organza bag as received.
All bespoke and made to order items including custom gold and stone orders, custom ring sizes, custom lettering, custom design elements, custom necklace lengths, sale merchandise, and gift cards are not eligible for refund or exchange.
Products will only be exchange if returned unworn, and we reserve the right to refuse an exchange if they are damaged, soiled or altered, and if they appear to have been worn.
No exchange will be made if the jewelry has been damaged because of bad handling or signs of wear (oxidation due to liquids including but not limited to water, perfumes, and sweat, deformation, broken bead…).
We will be happy to exchange for the same item products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 1 months from the date of dispatch. We will pay the standard postage and packing costs for shipping the new product. Please contact us via our Contact page to discuss your claim.

Dispute resolution

If you have a dispute with Les Mondes de Marina, we will always try to sort things out if you contact us via the Contact page.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Les Mondes de Marina.
Les Mondes de Marina has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Les Mondes de Marina shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services we are using. You can find the list in our Privacy Policy.

Privacy

As stated in our Privacy Policy, Les Mondes de Marina will not pass on your personal, credit or debit card details to any third party. You understand that any personal content (but not including any of your credit or debit card details) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit or debit card information will always be encrypted on transfer.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your account details, please contact us immediately.
In order to be able to offer you Stripe’s payment options, we will pass to Stripe certain aspects of your personal information, such as contact and order details, in order for Stripe to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Stripe you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Stripe’s privacy policy.

Intellectual property

The browsers and clients acknowledge that Les Mondes de Marina website, its original content, features and functionality, and the articles are original creations. Therefore, there are subject to copyright and will remain the exclusive property of Les Mondes de Marina. All that can be found on this website may not be copied, reproduced or commercially exploited in all or any part. Use of intellectual property without permission is infringement and is actionable under law.
All rights, including copyright, in the content of Les Mondes de Marina web pages are owned or controlled by Les Mondes de Marina. In accessing Les Mondes de Marina web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Les Mondes de Marina web pages for any other purpose whatsoever without the prior written permission of Les Mondes de Marina.

Survival

Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Only the most recent version of these terms and conditions will be considered valid.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Assistance

If you have any questions or concerns about these Terms, contact us at contacts@mondes-marina.com.
Please be assured that any Personal Information that you provide in communications to the above email will not be used to send you promotional materials.