Terms & Conditions
This document sets forth the terms and conditions governing the use of this website and the purchase of items through this website. Please read through these Terms prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. These Terms and the Data Protection Policies may be amended. By purchasing any product from this website, you enter into a contract with us on these terms.
2. DETAILS
Sale of Marlay Jewelry items through this website is carried out by SKYlink GmbH, a German company with registered offices at Neuer Jungfernstieg 15, 20354 Hamburg, Company registration number 126370, with VAT No. DE 287382059. You may contact our customer service department by email to shop@marlayjewelry.com.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. USE OF OUR WEBSITE
By using this website and/or by placing any order through it, you undertake:
a. To use the website exclusively to make legitimate enquiries or orders.
b. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
c. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted, these will be fully refunded.
6. AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any payment.
7. PRICE AND PAYMENT
The prices on this website include VAT but exclude delivery costs and import duties (varies depending on delivery country). Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Payment can be made by Visa, Mastercard, American Express, PayPal, Apple Pay (only for iPhone or iPad APP), Google Pay, Shopify Pay and SOFORT transfer. To minimise the possibility of unauthorised access, your credit card details will be encrypted. By clicking the payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.
Please note that SKYlink GmbH will collect and make refunds on behalf of Marlay in relation to all payments made through this online platform. Please note that a binding order is placed at the time that you press the relevant payment button on the device screen, and you are required to pay for your order once it has been placed.
8. VALUE ADDED TAX
All purchases done through this website are subject to the statutory Value Added Tax (VAT). In this regard, and pursuant to Chapter I of Title V of the Council Directive 2006/112/EC of 28 November 2006, the place of supply will be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where the items are to be supplied in accordance with the order placed. The prices displayed on this website include VAT.
9. LIABILITY AND DISCLAIMERS
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering items to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which items of their kind are normally used and (iii) show the quality and performance which are normal in items of the same type and can which can reasonably be expected.
10. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee in respect of defective products to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example by providing proof of purchase.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform any of our obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 5. Impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strike, failure or accidents.
13. SEVERABILITY
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
15. LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by German law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the German courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.