Fabergé Terms and Conditions of Sale
These Terms and Conditions apply to all sales made on our web site or in our company stores (currently in London, New York and Geneva). Unless we tell you otherwise, they do not apply to any purchases you make from Authorised Fabergé Retailers or other outlets - those retailers will have their own terms and conditions of sale.
1 Who We Are
The particular Fabergé entity you contract with to sell your purchase to you varies depending on how and where you purchase your items. In all instances, we will refer to this party as “Fabergé”, or “us” or “we” etc in this agreement.
If you purchase your items ONLINE or at our LONDON store, the seller is Fabergé (UK) Limited, whose registered office is 1 New Burlington Place, London W1S 2HR.
If you purchase your items from our NEW YORK store, the seller is Fabergé Inc, whose registered address is 2711 Centreville Road, Suite 400, Wilmington 19808, Delaware, USA.
In general, to contact us, you should do so at email@example.com
2 Eligibility and Personal Details
By placing an order with us you must be legally capable of entering into a contract with us. This normally includes being at least 18 years of age.
You confirm that the information you provide about yourself is true, accurate and complete and that you are the person referred to in the billing information. If any information changes, you should advise us straight away.
For online sales, you promise to keep your login details secure and not give them to anybody else. You must notify us immediately if you think there has been a breach of security or unauthorised use of your account.
We do not guarantee that you will be able to make online purchases in all countries, or that we will accept all payment cards.
3 How the Contract for Sale is Formed
ALL OFFERS TO BUY OR SELL MERCHANDISE ARE CONDITIONAL ON THE MERCHANDISE BEING AVAILABLE FOR SALE AT THE TIME OF INTENDED DELIVERY.
If you are purchasing IN-STORE, the contract to purchase is formed when you agree with our sales assistant to purchase a particular item, even if you don’t pay for it right then. Simply asking to see an item that is not in stock does not create a contract to buy it. Paying a deposit would be taken as evidence of a contract to buy the item. If you subsequently change your mind, depending on applicable law and subject to our cancellation and returns policy, we do not have to refund your deposit or purchase price.
If you ask us to make a personalised item or some other item especially for you then our agreement to make it and part payment by you will create the contract. From that point on you will be liable for the full contract price. We do not accept cancellations or returns on personalised items or items made especially for you.
For ONLINE contracts, your order constitutes an offer to Fabergé that you will buy the merchandise. All orders are subject to acceptance by us. Our online sales procedure is intended to make available for sale only those items we have in stock and items for delivery to countries in the drop down menu. If there is any discrepancy between the sales procedure and these terms and conditions of sale, these terms and conditions take precedence. Not all items advertised on our web site are available for sale online. Items in your shopping basket are not necessarily secure and may be purchased by other customers. We will confirm receipt of your order (Order Confirmation Receipt) but the contract will not be formed until we have checked availability and actually despatched the order to you. We will send you a Despatch Confirmation when the order has been despatched to you. The Despatch Confirmation serves to confirm that the contract has been formed and also advises you of the delivery details.
If you do not receive an Order Confirmation Receipt within 5 hours of placing your order, or you do not receive a Despatch Confirmation within 5 days of placing your order, you should contact our online sales staff at firstname.lastname@example.org
We take care to ensure that the colours of items you see on our web site give an accurate representation of the colour of the item. However, computer monitors vary and there may be some distortion in transmission so we cannot guarantee that the colour you see on your computer screen will be completely accurate.
Ownership of any items you have agreed to buy from us will pass to you at the latter of the time you take delivery of the items or the time you pay for them in full. We do not normally give customers items “on approval” or allow them to take possession of merchandise before it is paid for in full. On the rare occasion that we might allow customers to take possession of goods before they are paid for, the customer will be fully responsible for the merchandise after they have taken possession of it, and if it is lost or damaged, the customer will have to pay for it.
4 Price, Taxes, Payment and Delivery
For IN-STORE purchases, the price you actually pay will include any taxes applicable in that jurisdiction. However, in some countries, for example the USA, the displayed or advertised price may not include sales tax which will be added at the time of purchase. You may be entitled to refunds from Customs when leaving a jurisdiction where you bought an item if you are permanently exporting the item. You may also be liable for customs duty or tax for items imported into another jurisdiction. If you are exporting an item you should check the tax implications with the authorities in the country of your intended destination.
For ONLINE purchases, the prices displayed on our website for online sales depend on the country the goods will be delivered to, and for the countries in the drop down menu, the quoted price is the “delivered price” (i.e. includes taxes, insurance, shipping). If you want delivery to a country not on the drop down menu, please contact email@example.com
. For deliveries to New York State, NY State Sales Tax will be added to the “delivered price”.
We try to ensure that all our advertised prices are accurate, but errors may sometimes occur. If we discover an error in the price of an advertised item or an item you have ordered, we will contact you as soon as possible. You will have an option to reconfirm your order at the correct price or to cancel it.
You may pay for your merchandise by credit card, debit card or bank transfer. If you are buying in-store you may be able to pay with cash but local stores will have to comply with local money laundering and other legislation which may restrict the amount of cash we are allowed to accept. All debit and credit card holders are subject to validation checks and if the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery.
For online sales we will arrange for delivery to the delivery address but we and our agents reserve the right to delay or decline delivery to any address for security or other reasons. If delivery cannot be made at your chosen address, we will ask you to provide an alternative address.
We take reasonable care to keep details of your order and payment secure but third parties are necessarily involved in processing your card information. In the absence of negligence by Fabergé, we will not be liable for any loss you suffer for unauthorised access to any data you provide us when ordering from our web site or in-store.
- Cancellations and Returns
If you buy ONLINE, many jurisdictions give you the right to cancel your order and return items for a short period after you have received them. In the European Union this period is 14 days. Where you bought online, we will honour any such period which is effective in the jurisdiction we delivered your merchandise to. In order to cancel your online order under applicable law, you must write to us at our London address or email us at firstname.lastname@example.org
, using the subject heading “Cancellation of Sale in Cooling Off Period.” If you cancel under applicable law (where it is available) we will give you a full refund. You must return the full order to us at our London address at your cost, you must arrange for its insurance at the price you paid for it, and the items must be returned unused and in their original condition and with original packaging and certificates. Except where otherwise required by applicable law, we will not accept items returned if they are used or damaged or returned without their original packaging, or if the sale was not an online sale or if the item was specially made or personalised for you.
In some jurisdictions you may be entitled to cancel online orders if they are not delivered to you within a defined or reasonable time from placing your order, and you have not agreed to a specific delivery date. In the European Union, the defined period is 30 days (unless you have agreed something else with us). We will try to get your order to you as soon as possible and we will honour any law applicable in the jurisdiction the merchandise is intended to be delivered to, that gives you the right to cancel for delayed delivery. If you wish to cancel under this law you should write to us at our London address or email us at email@example.com
using the heading “Cancellation of Sale for Non Delivery.” If you cancel under this law (where it is available) we will give you a full refund.
In addition to the legal rights provided in some jurisdictions to cancel your contract for sale (as above), we also offer all customers, both online and in-store, the opportunity to return unwanted items to us for store credit or exchange within 30 days of delivery of the items. The items must be returned within 30 days to the store where you purchased them, or to our London address if you purchased online, and they must be returned unused and in their original condition, with original packaging and certificates. We will exchange or give you a store credit note for returned items (at your option) to the price you paid for the item subject to any special conditions of sale. Items that have been specially made for you and personalised items cannot be returned under this policy. You must use the credit note at the same store (or online) you purchased the item from and you must use it within 12 months of the original purchase. We cannot give a cash refund for any part of your store credit but you can use it to purchase any available items. We will normally refund tax and duty on the item too, but we cannot do this for items purchased on the web site and you will have to take responsibility yourself for claiming refunds if they are available in your jurisdiction. You must arrange and pay for all insurance, post and packaging costs if you return goods under this policy.
Where appropriate we will resize rings, free of charge within 90 days of purchase, but resizing will not always be possible. We will treat your request sympathetically, but we reserve the right to offer this service completely at our discretion.
We offer a lifetime warranty to our customers against manufacturing defects in all jewellery and objets we sell. For watches, the warranty is for three years from the date of purchase. This means that if a manufacturing defect becomes apparent during the guarantee period in any of those items we sell you, we will fix the defect (where reasonably possible) at no cost to you. If we cannot fix the manufacturing defect at a reasonable cost we will discuss some other form of compensation with you. This warranty covers gifts you buy for others and give to them within one year of purchase, but it does not extend to any other disposition of the product. Of course, you must take good care of the product, comply with any care recommendations we suggest and if the item requires servicing, then it must be serviced regularly. You must be able to provide proof that you bought the item from us.
You should always ensure you have insurance to cover loss of stones or other accidental loss or damage to any item. We will not be liable for loss of or damage to stones under this warranty, or for any indirect loss you suffer due to a manufacturing defect in any item you have purchased from us.
This warranty does not affect any legal rights you may have if you have been supplied with faulty goods.
If your item is damaged in an accident or by normal wear and tear, please contact our sales team at firstname.lastname@example.org
and we will try to provide a quote for repair where possible.
We may change these terms and conditions at any time but once you have purchased an item, the terms and conditions current at the time of your purchase will apply.
If any of these terms and conditions is invalid or unenforceable, the remainder will continue to have full force and effect.
These terms and conditions will not be binding on our assignees or successors unless they adopt these terms and conditions or they are affiliated with Fabergé.
If we breach these terms and conditions we will be liable only for your direct losses and the reasonably foreseeable consequences of our breach.
Our liability is limited to the price you paid for the goods purchased from us.
We will not be responsible to you for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control.
We do not seek to limit our liability for death or personal injury arising from our negligence, or to exclude liability for fraudulent misrepresentation by ourselves or our agents.
Orders placed in the U.S. are subject to the law of the State of New York, excluding principles of conflicts of law, and all disputes regarding deliveries to U.S. addresses shall be resolved in the courts located in New York, New York.