Meraki

1 These Terms

1.1  It is important that you read these terms and conditions of sale ("Terms of Sale") carefully before ordering any Product(s) ("Products") from www.merakicaribbean.com ("Site"). Together with our Privacy Policy, these Terms of Sale govern our relationship with you in relation to this Site and your purchase of our Products on this Site.

1.2  We advise you to print a copy of your Order and these Terms of Sale for your information and safe keeping.                                                                                                                                                                        

1.3  By placing an order for any Product(s) on this Site ("Order") you agree to be bound by these Terms of Sale, and by continuing to access the Site you agree to accept the practices described in these Terms of Sale, which may be updated or changed by us from time to time. A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms of Sale.

1.4  By placing an Order you are offering to purchase a Product on and in accordance with these Terms of Sale. All Orders are dependent on availability and confirmation of the Order price.

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2  About Meraki Caribbean

2.1  We are Meraki Caribbean, based in the Netherlands.

2.2  You can contact us via email at info@merakicaribbean.com from  Monday - Friday.

2.3   If we have to contact you we will do so by writing to you at the email address you provided to us in your order.

2.4   When we use the words "writing" or "written" in these terms, this includes emails.

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3    The Contract

3.1  Orders are submitted via the Site as set out in this clause.

3.2  Once you are ready to make a purchase, click on "Add to Cart" to add the Product(s) you wish to purchase to your Shopping Cart. Then proceed by clicking "Checkout" to log into our secure servers to complete your Order.

3.3  If this is your first purchase on our Site you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address if you so wish. If you have already registered with us you may enter your sign in details to access your account.

3.4  Once signed in or registered, as the case may be, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your delivery address and input your payment details.

3.5  Once you have finished compiling your Order, you will be asked to confirm that your Order is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us.

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 you register with us. After sending you the Confirmation we will process the payment details you have given to us to take payment for your Order.

3.7  If and when we are able to do so, we will send you a second email confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery.

3.8  Our acceptance of your Order will be complete only when we send a second email to you confirming your Order and dispatch of the Product(s) and after payment is taken from your credit or debit card. Our acceptance of your Order will be considered for all purposes to have been effectively communicated to you at the time Meraki Caribbean sends an order despatched email and it is at this point that a legally binding contract is formed between you and Meraki Caribbean for the purchase of Products ("Contract").

3.9  If we are unable to fulfil your Order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your Order to you.

3.10 Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.

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4     Making a Change to the Contract

4.1  If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible.

4.2  Unfortunately, if we have already sent you the second email referred to in cl 3.8 we are unable to change your Order, although you will still have the rights to cancel described below.

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5     Price

5.1  When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. 

5.2  When you are ordering for delivery to the Netherlands, all prices are inclusive of VAT in the The Netherlands, but excluding any delivery costs or any other additional costs. Delivery charges (where applicable) for delivery to the Netherlands will be shown when you view the Product(s) in your Shopping Cart.

5.3  When you are ordering for delivery to anywhere other than the Netherlands, all prices are exclusive of any applicable import duties or taxes. Delivery charges (where applicable) will be shown when you view the Product(s) in your Shopping Cart.

5.4  The total amount payable by you will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.

5.5  Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.

5.6  It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

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6    Promotion and Offer Codes

6.1  To redeem a promotion or offer code ("Code"), insert the Code in the "Promo Code" box on the Shopping Cart page of the Site and click "Apply". If valid, the Code will be applied.

6.2  In addition to any Code specific terms and conditions, the following conditions apply to all Codes:

6.2.1  Only one code can be used per Order

6.2.2  Codes can only be applied to full price items (Codes cannot be applied to sale items)

6.2.3  Codes are non-transferrable and no cash alternative is available

6.2.4  Orders must be made prior to 23:59 CET (during Winter) or CEST (during Summer) on the closing or expiry date of the Code (if one is specified)

6.2.5  All offers and promotions are dependent on stock availability

6.2.6  Offer codes and promotions may be amended or removed at any time

6.2.6  These Terms of Sale apply to purchases made using a Code

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7     Payment

7.1  All payments must be made at the time of Confirmation. Payment for all Orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, American Express, Maestro and Paypal. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.

7.2  For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

7.3  To ensure safe and secure shopping, we use 3D Secure authentication certified. We also use standard internet encryption technology to provide you with the maximum practicable level of security.

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8    Delivery

8.1  We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.

8.2  If we have not delivered the Product(s) to you within 30 (thirty) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.

8.3  Ownership of the Product(s) will pass to you on delivery.

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9   Damaged or Defective Product(s)

9.1  Except for any specific warranties we offer in relation to any particular Product(s) (including our Six Months Warranty), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s).

9.2  You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact us as soon as possible with your Order reference number.

9.3  If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).

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10   Returns

10.1 You may cancel a Contract up to 14 days after the date of delivery, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) receives the Product(s). By cancelling the Contract, you may return the Product(s) purchased from us within 14 days and request a refund. Every Product must be sent back unworn and in its original packaging. Please note we are unable to accept returns for earrings or any other pierced jewelry due to hygiene reasons.

10.2  To cancel a Contract, you must clearly inform us, by email (to info@merakicaribbean.com) giving us your name, address and Order reference number.

10.3  You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund any Product/s that have been:

10.3.1 engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).

10.3.2 worn and tarnished Product(s) caused by normal wear and tear

10.3.3 damaged resulting from accidents, changes made to the Product(s), negligence or incompetent use by the consumer, as well as when the cause of the defect cannot be clearly determined.

10.4  You must return the Product(s) to us at your own cost within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (without limiting your rights to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.

10.5  To return the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address (enclosing the returns form and the delivery note) inside the parcel) and then return it to us, by courier or by recorded delivery mail or other form of certified mail.  

10.6  If you cancel a Contract between us within the day period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you), excluding the cost of delivery. All other cancellations and refunds are at our sole discretion.

10.7  We will process your refund using the same method originally used by you to pay for your purchase, unless agreed otherwise.

 

11  Meraki Caribbean Six Months Warranty

11.1  All Product is covered by a six (6) months warranty from the original date of purchase under the terms and conditions of this Six Months Warranty (“Six Months Warranty”).

11.2  During those six (6) months, we will cover and repair any materials and manufacturing issue with a Product free of charge on receipt of valid proof of purchase.

11.3  Covered Product(s) will be repaired (if feasible) or replaced free of component and labor charges if the Product(s) proves to be defective in material or workmanship under normal use.

11.4  This Six Months Warranty does not cover loss of Product(s), chain breakage, and general wear and tear. General wear and tear include tarnishing and fading of plated Product(s), and therefore, is not covered by the Six Months Warranty.

11.5  We are not responsible for loss of Product(s) and cannot deem a Product(s) faulty which cannot be assessed.

11.6  To ensure your Product(s) stay bright and shiny for as long as possible, keep them away from water, chemicals such as perfume and chlorine, and store them in a cool dry place or your Meraki Caribbean pouch to avoid your Product(s) tangling or scratching each other.

11.7  In case of replacement, we cannot guarantee that you will receive the same Product(s). If your Product(s) is not available, a comparable Product(s) of equal value and similar style will be substituted.

11.8  If you have any questions, please contact us at info@merakicarribean.comwith the subject line Six Months Warranty.

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12   Force Majeure

12.1  We shall not be liable for failure to fulfil any obligation towards the consumer if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to the loss of data due to computer hindrance, virus infection, computer hacking by third parties or other calamities preventing and/or limiting us to deliver the Product(s) and other serious disruptions in the daily business of Meraki Caribbean. Force majeure also explicitly includes the inability of Meraki Caribbean to deliver as a result of the failure of a supplier.

12.2  In the event that after the conclusion of the Contract it appears that the execution is difficult or impossible for Meraki Caribbean due to force majeure, we have the right to cancel the Contract or to suspend the execution thereof, insofar as it still requires fulfillment, at the option of Meraki Caribbean, in which case you, considering the circumstances of the case, will be informed as soon as possible, without Meraki Caribbean being liable for any damages in whatever form except under the provisions of Article 78 of book 6 of the Dutch Civil Code.

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13   Limitation of Liability

13.1  Meraki Caribbean is not liable for any losses, unless you can prove that such losses are the result of fault or gross negligence on the part of Meraki Caribbean. Any compensation to be paid by Meraki Caribbean for damage to or loss of the Product(s) will never exceed the value of the Product(s).

13.2  Meraki Caribbean is not liable for any damage that you may suffer as a result of the improper and unsafe use of the Product(s), except if there is intent or gross negligence on the part of Meraki Caribbean.

13.3  We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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14  Notices

14.1  All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms of Sale you give your consent to receive communications from us by email.

14.2  Personal information that you supply to us will only be disclosed by us to a third party in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

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15  Privacy

15.1  Our Privacy Policy can be found at Privacy. By consenting to these Terms of Sale, you acknowledge and agree to be bound by the terms of our Privacy Policy, which may be updated from time to time. Please read our Privacy Policy carefully.

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16   Intellectual Property

16.1  The entire content of the Site, including all jewellery designs, photographs, logo, copyright, trademarks and other intellectual property rights it contains, including the name 'Meraki Caribbean', is the sole property of Meraki Caribbeanand its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.

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17 Governing Law and Jurisdiction

17.1 If any one of the provisions contained in the Terms of Sale shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Terms of Sale, and the Terms of Sale shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it.

17.2 These Terms of Sale are effective as of 1 December 2022.

17.3 The Contract and these Terms of Sale are exclusively governed by Dutch law. 

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18   Miscellaneous

18.1  No failure or delay by us in exercising any right or remedy provided by law or under these Terms of Sale and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.

18.2  If any clause of these Terms of Sale is found to be invalid, illegal or unenforceable by any court or authority, that clause or part-clause will be deleted from these Terms of Sale and the validity and enforceability of the rest of these Terms of Sale shall remain unaffected.

18.3  A person who is not a party to a Contract is not entitled to enforce any of its terms (including these Terms of Sale) under the Contracts (Rights of Third Parties).

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