GENERAL
feswa.se is an e-commerce service operated by F E S W A (F E S W A and feswa.se each separately and together in this Agreement, “we”, “us” or “our”). F E S W A is registered in Sweden. F E S W A and feswa.se website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). By visiting feswa.se, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through F E S W A/feswa.se is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law. In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the F E S W A terms of eligibility, who have been issued a valid credit card by a bank acceptable to F E S W A, whose applications are acceptable to F E S W A and who have authorised F E S W A to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. F E S W A reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where F E S W A feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
ACCEPTANCE OF YOUR ORDER AND THE CONTRACT BETWEEN YOU AND US
We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. This sale contract is concluded in London, England and the language of the contract is English. Only persons entitled to enter into legally binding contracts are entitled to transact through this site. Any individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PRICING AND PAYMENT
The prices payable for goods that you order are as set out in our website. All of our prices are in EU Euro - any other currency displayed on the site is for comparison only. You will be billed in EU Euros and if you purchase from outside the EU, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If you are buying from outside the EU, you will also incur any duties levied by the jurisdiction to which you have specified delivery. We will contact you with this amount before completing your order. Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by feswa.se. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to F E S W A, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site as secure as we can make it. Our merchant services have been audited by a PCI-certified auditor, and is certified to PCI level 1 provider. This is the most stringent level of certification available. All credit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions. To help ensure that your shopping experience is safe, simple and secure Stripe uses Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
RETURNS AND EXCHANGES THE CONDITIONS:
Your right to cancel your contract with us for all goods within a collection that you have ordered is subject to:
a) You not having worn or damaged the jewellery.
b) You not having removed the security tag from the item
c) You requesting a ‘Returns Authorisation (RA) Number’ within 7 days of receiving your goods.
d) You return your goods within 7 days of receiving your RA number.
Personalised or bespoke goods can also be returned, however due to the very specific nature we cannot reimburse you with full cost of the retail price. For custom made bespoke goods we will retain 50% of the retail price. Late Returns: The RA number must be requested within 7 days of delivery and the goods must be returned within 7 days of receiving the RA number. Returns outside these timeframes may be accepted at the discretion of feswa.se and may only be refunded as a store credit.
THE PROCEDURE:
1. Request a Returns Authorisation (RA) Number by emailing felicia@feswa.se.
2. You will be sent a Returns Form along with your RA number. Fill in the form and enclose in package. Your RA number should be written on the outside of the package.
3. The item(s) must be packed securely in the packaging in which you received it. We are not liable to refund you if the jewellery is returned to us broken. You must at the same time return any accessories sent with the item (jewellery box, certificate and promotional gifts), and be sure that the security tag is left on.
4. Goods must be returned within 7 days of receiving your RA number. For returns outside the UK the goods must have been shipped within 7 days of the RA number. There is no charge for returning items. Please note Delivery Charges will not be refunded.
5. Once we have received the item(s) we will notify you by email and the appropriate action will be taken immediately.
REFUNDS:
If you have requested a refund, any sum debited from you credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
EXCHANGES:
If you have requested an exchange we will only be able to ship your exchanged goods once we have received the returned item(s). You will be charged for any additional cost and any additional shipping, taxes and import duties.
FAULTS
Products are classified as faulty if they are received damaged, or where a manufacturing fault occurs within 2 months of purchase. This does not include damage from normal use over time. If you believe you have received faulty goods you must contact us with documentation before sending the product so that we can approve the complaint. If the complaint is approved, we are to send you a similar non-faulty product once we have received the faulty product and the cost of return shipping will be reimbursed to you on presentation of proof of postage. If the faulty product returned is not in stock, you will be reimbursed the full purchase amount. Items lost or damaged in return transit will not be compensated for. Note that for customers outside the EU, VAT and other import expenses are not covered.
CREDIT NOTES CANCELLATION BY US
We reserve the right to cancel the contract between you and us if:
1. We have insufficient stock to deliver the goods you have ordered
2. We do not deliver to your area
or
3. One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
DELIVERY AND INSURANCE
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used. All orders within the EU are delivered using Post Nord Special Delivery. For delivery within the EU we use Post Nord Parcel Force and charge a flat fee of 25€, there is also a Priority Service available. For Non-EU International delivery we charge a flat fee of 35€, also with a Priority Service available See Delivery Information for full details of Delivery Charges. You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs. We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the EU, you do so on your own initiative and are responsible for compliance with local laws.
LIABILITY
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question on felicia@feswa.se. If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
1. To make good any shortage or non-delivery
2. To replace any goods that are damaged or defective
3. To refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as mentioned above. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Not withstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, shall remain at all times vested in F E S W A /feswa.se. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by F E S W A and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at felicia@feswa.se and all notices from us to you will be displayed on our website from time to time.
INVALIDITY
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and F E S W A as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of F E S W A and we shall not be liable for any representation, act, or omission on your part.
GOVERNING LAW
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law.
ENTIRE AGREEMENT
These Terms & Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms & Conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
EVENTS BEYOND OUR CONTROL
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.