Terms and conditions
TERMS AND CONDITIONS
1. Validity of conditions of sale
1.1 The conditions of sale are valid between the buyer at the e-Jewels web store on address https://sophygems.myshopify.com (hereafter referred to as the 'consumer') and the seller Tripstones OÜ , Harjumaa, Harku, Uus 5-10, 76902, Estonia registration code 11303063 (the 'web store') for the purchase of goods and services.
1.2 In addition to these terms and conditions, legal relationships arising from the purchase of products from the https://sophygems.myshopify.com web store are regulated by the Law of Obligations Act (LOA), the Consumer Protection Act (CPA) and other legislation applicable in the Republic of Estonia.
1.3 The Sophygems web store reserves the right to change the terms and conditions of sale. These changes will be made available on the web store page www.sophygems.myshopify.com
The consumer is responsible for reviewing the Sophygems web store for any modifications to these Conditions that may affect his/her rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the web store. Any access or use by the consumer of the Sophygems web store after changes to these Conditions will constitute the consumer acceptance of the revised terms. If the consumer does not agree to the amended terms, he/she must stop using the Sophygems web store site.
2. Price information
2.1 All prices at the Sophygems web store includes a value added tax of 20%.
2.2 An additional charge for transport in Estonia is added to purchases that total amount is below 99.-EUR according to the delivery method chosen by the consumer. (Omniva parcel machine 2,99 EUR; Omniva courier service 4,70 EUR).
Additional charge for transport 39EUR is added to all international shipments within the EU. International delivery will be made with full insurance, by one of Sophygems web store logistic partners: FedEx, DHL, or DPD
2.3 Prices are valid from the date of placing an order until the expiry of the payment date of the order ( 2 days after placing the order)
2.4 If the order was placed prior to a change in the conditions of sale or in prices, the legal relationship between the consumer and Sophygems web store will be governed by the terms and conditions that are applied during the time of placing the order.
2.5 The Sophygems web store reserves the right to make changes in sales prices. These changes will be made available on the web store www.sophygems.com
3. Products and placing an order
3.1 Add the desired products to your shopping cart.
3.2 To place an order, first, click on the 'Proceed to checkout' link on the shopping cart page.
3.3 You can choose whether you wish to place a single order or create an account and order as a regular customer. In case you are already the customer you can just log in, so you can move through the checkout process faster.
3.4 Fill in the required information fields on the checkout page, select a suitable delivery method and click on the suitable payment option link.
You can conveniently pay via a bank links (Swedbank, SEB, LHV, Coop) or through other bank payment methods such as a euro payment. You can also pay with credit card or use your gift card code. Or just order invoice, which will be sent to your e-mail address after checkout.
3.5 Fill in the fields on the information and order confirmation pages carefully, as the accuracy and correctness of the data submitted affects the fast and smooth delivery of your purchases and the subsequent settlement of potential disputes and complaints.
3.6 We will then send you a confirmation email (including your order reference number) to acknowledge that we have received your Order ("Confirmation"). This is sent to the email address provided by you.
3.7 Orders placed via the web store are processed on workdays (e.g. M–F 9:00 – 18:00).Orders placed later than at 14:00 on Friday will be processed the following Monday.
3.8 Where any product is listed on Sophygems web store with an incorrect price or with incorrect information, Sophygems web store reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product online where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
3.9 Sophygems web store has taken reasonable steps to depict product(s) as accurately as possible through the photographs and other images featured on the web store, some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Additionally, the detailing (such as pattern, colour, and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a product(s) when you receive it.
3.10 Due to the nature of jewellery production method, each product may vary slightly. Also, the consumer should keep in mind that all natural stones are unique as they are a creation of nature.
3.11 Payment methods, accepted on Sophygems web store are:
- Stripe
- Maksekeskus
- PayPal
3.12 Currencies methods, accepted on Sophygems web store are:
- EUR (Euros)
- USD (United States dollars)
3.12 Tripstones OÜ is the data controller, Tripstones OÜ company will forward the personal data needed to make payments to the authorized processor Maksekeskus AS.
4. Entry into force of the contract of sale
4.1 With the contract of sale, the Sophygems web store undertakes to deliver to the consumer available and soon-to-be-produced goods as well as the goods that the Sophygems web store will obtain in the future and transfer their ownership to the consumer, whereas the consumer undertakes to pay to the Sophygems web store for the goods in the amount indicated on the invoice and to accept the goods.
4.2 Orders that have not been paid for will be cancelled 2 days after placing the order.
4.3 The contract of sale enters into force after the receipt of the payment made by the consumer on the bank account of the web store.
5. Changes and Cancellations
5.1 If you wish to cancel or modify your order, please send an email to tripstones@icloud.com.
We will make every effort to accommodate your request. However, once an order has been submitted we cannot guarantee the purchase can be cancelled or modified.
6. Delivery
6.1 Delivery times indicated on the web store's website apply from the moment the web store receives the payment for the order on its bank account.
6.2 In order to avoid delivery delays, the order forms have to be filled in carefully and the delivery information submitted should be accurate and valid.
6.3 If the order cannot be fulfilled, then an employee of Sophygems web store will contact the consumer and propose a new delivery date or replace the product with another product of similar price and quality or returns the money to the consumer. The money is returned within 14 days the latest.
6.4 The Sophygems web store is not responsible for a delay in delivery if the goods were handed over to the logistics partners on time, but the delivery was delayed due to circumstances that the Sophygems web store could not foresee or control.
7. Return and exchange policy
7.1 After receiving an order, the consumer has the right to withdraw from the contract entered into at the web store within 14 days without giving any reason.
However the consumer have no right to withdraw if products have engraved, customised or altered in any other way. Also, we cannot accept returns or exchange requests for pierced earrings including earring pendants for reasons of hygiene and safety, unless faulty or not as described
7.2 If the condition of the product to be returned has deteriorated, the consumer is responsible for the decreased value of the object due to its use only if the product has been used in any other way than is needed to verify its nature, qualities, and proper functioning. To verify the object's nature, qualities, and proper functioning, the consumer should treat and use the object only in the manner that would be generally allowed in a store.
7.3 In order for the web store to begin processing the return, the consumer must first notify web store by sending an e-mail to sophygems@icloud.com
Sophygems web store is not responsible for any lost or damaged packages. We are not liable for any shipments that we were not notified about first.
Please retain proof of postage(tracking number). All products are the customer's responsibility until received by Sophygems.
7.4 The consumer does not have to return goods via the logistics company if the Sophygems web store has agreed to pick up the goods.
7.5 The consumer has to return the goods within 14 days following the submission of the request for withdrawal or provide evidence that they have given the goods to the logistics company within the mentioned period.
7.6 All products must be returned in good condition, in original boxes, and with paperwork (such as instruction booklet ,diamond certificate, jewellery certificate etc) and accessories to ensure a full credit.
When returning the product, one must also provide the copy of the purchase invoice and filled return form for withdrawal.
Your return should be packaged in a protective box for shipping. Items returned with postage stickers on the original jewellery boxes will be considered worn and will not be refunded.
Only apply your shipping label to your protective box and NOT the jewellery box. If your return is sent to us without a protective cardboard box, we will not be able to accept the return.
7.7 All refunds will be made within 14 days counting from the day of receiving withdrawal notification. The online store has the right to refuse to make the refund until the goods being returned and received at Sophygems web store return address.Following receipt of your returned product, the consumer will receive a confirmation email about it. Sophygems web store quality assurance department will review the returned product(s). Products that show signs of wear or have been altered, resized (by a goldsmith other than Sophygems web store has recognized, accepted prior), or damaged cannot be accepted for return and will be returned to the consumer.
7.8 Refunds are normally transferred to the payment card with which the purchase was made. In connection with pre-payment via bank transfer, the refund will normally be transferred to the account from which payment for the purchase was made. If payment was made with a Gift Card, the debited amount will be returned to the card's number(s), enabling the consumer to reuse the Gift Card(s) toward future purchases.
If there is a price difference we will contact you to settle the outstanding/refund the difference.
7.9 All shipping fees related to the returned item are the consumer`s responsibility and we cannot refund the cost for that. This includes fees to return the item to our facility as well as fees related to shipping a replacement item to the customer, when applicable.
Please note that products purchased at Sophygems web store may NOT be returned by regular mail to our return address.For your own protection, products should be returned fully prepaid and we recommend that you use a shipping method that provides tracking services from providers.
We recommend, but cannot require that you insure your package as we are not responsible and cannot credit you product returns that are never received, or are damaged in transit.
Within in Estonia, we can recommend for returning your products by using the Omniva parcel terminal or Omniva courier service.
For International shipment returns, we suggest using Fedex.
All returns should be sent to the following address:
Tripstones OÜ
Uus 5-10, Harjumaa, Harku,
76902, Estonia
e-mail: tripstones@icloud.com
Phone: +372 53761017
For security reasons, do not write jewellery, diamonds or other related words anywhere on the package.
8. Force majeure
8.1 The Sophygems web store is not liable for the damage caused to the consumer or for delivery delays if the damage or delay is caused by circumstances that the Sophygems web store could not foresee or control.
9 Processing of personal data
9.1 By entering their data at the web store and with a corresponding consent, the consumer agrees with the collection and processing of their personal data (name, phone number, delivery and/or home address, e-mail address) and the transfer of their personal data to the logistics partners for the delivery of goods.
9.2 The Sophygems web store has the right to use the consumer's residence or other address for advertisements and other information to the consumer.
9.3 The consumer has the right to forbid the collection and use of their personal data at any time, except where this is necessary for the collection of a contractual claim or for the delivery of goods.
9.4 Electronic personal data are used for direct mail only if the consumer has given a separate consent for this on the www.sophygems.myshopify.com website.
9.5 Encrypted communication with banks during the payment of goods ensures the security of the consumer's personal bank details and makes them inaccessible for the web store itself.
9.6 Please review our Privacy Policy, which also governs your visit to this web store site and for information on how Sophygems collects, uses and discloses personally identifiable information from its consumers.
10. Complaints procedure
10.1 The Sophygems web store is responsible for the non-compliance or deficiencies of the goods sold to the consumer that occur within two years from their delivery to the consumer.
10.2 If deficiencies occur, the consumer has the right to turn to the Sophygems web store within two months by providing the invoice of the purchase.
10.3 We urge you to stop using the product when non-compliance or deficiencies occur.
10.4 The repair or replacement of defective goods shall be agreed between the Sophygems web store and the consumer. Costs of repair are covered by the Sophygems web store.
10.5 The Sophygems web store does not assume liability for defects that arose through the consumer's fault, either due to improper storage or non-intended use.
10.6 Should the product exhibit non-compliance or deficiencies, e-mail your complaint to sophygems@icloud.com, and include the name of the person who placed the order, phone number, order number, and the exact description of the product's non-compliance or deficiency.
10.7 Complaints about the non-compliance or deficiencies of the product have to be submitted within two months of detecting the non-compliance or deficiencies.
10.8 All complaints are reviewed and consumers are contacted as soon as possible, but no later than 14 days from the date of receiving the complaint.
10.9 The consumer has the right to request a reduction of the sales price, exchange for an alternative item or a termination of the contract and a refund for the goods from the Sophygems web store, if the Sophygems web store is not able to repair or replace the product, it fails to repair or replacement the product, if Sophygems web store has not eliminated the defect within a reasonable time frame, or it has caused unreasonable inconveniences to the consumer.
11. Consumers have the right to appeal to the Consumer Complaints Commission.
11.1If the web store has refused to settle a complaint from the consumer or the consumer does not agree with the solution proposed by the web store and finds that their rights have been violated or interests damaged, the consumer may file a complaint with the Consumer Complaints Commission through the Consumer Protection Board or turn to the court. Consumers can file complaints themselves or through a representative. Information about the Consumer Protection Commission can be found on the website of the Consumer Protection Board. For the settlement of problems arising in the Member States of the European Union, contact the European Consumer Centre
