Terms & Conditions
PREFACE
As a user of this website www.miutto.com you acknowledge that any use of this website by you including any transactions you make is subject to the terms and conditions listed below and include any other important sections such as Returns and Privacy Policy. Please read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them. Also read our Privacy Statement section regarding your personal information.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the terms and conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1. Definitions
In this document the following words shall have the following meanings:
1.1. “Buyer” means the person who buys Goods from the Seller;
1.2. “Goods” means the items or services that the Buyer agrees to buy from the Seller;
1.3. “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4. “Seller” means that miutto.com is operating under individual enterprise licence Nr. 032062 in Vilnius, Lithuania.
1.5. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. General
2.1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Customer.
3. Order and Purchase Process
3.1. All orders placed on this website will be subject to acceptance in accordance with these terms and conditions.
3.2. The ‘Complete Purchase’ stage sets out the final details of your order. Following this, we will send to you an 'Order Confirmation' email detailing the products you have purchased.
3.3. We do not provide direct access to the details of your purchase on this website. You are therefore advised to print out the 'Acknowledgement of Purchase' email for your own records. If you wish to obtain specific details of your previous purchases please get in touch with us.
4. Delivery
4.1. Delivery of the goods shall be made by the Seller to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2. Delivery charges and estimated timescales are specified in Payments, Delivery & Returns section. Seller shall be under no liability for any delay or failure to deliver Goods within estimated timescales.
4.3. Risk of loss and damage of products passes to the Customer on the date when the products are delivered.
4.4. All Goods wherever possible will be delivered within 14 working days of the order being placed and moneys received and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.5. The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
5. Order Acceptance / Payment
5.1. Once we receive your order, Seller checks your credit / debit card details through Paypal, Paysera, Braintree or bank and stock availability and then takes payment from the card. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
5.2. The price you pay is the price displayed on this website at the time we receive your order
5.3. Payment of the total purchase price (including delivery or shipping charges) must be made in full before dispatch of the Goods.
5.4. Payment is either made online by first choosing your order and then following the 'Paypal', 'Paysera", 'Braintree' payment option or 'Money Transfer' process, by bank transfer.
5.5. Title to any products you purchase on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
5.6. All prices include VAT as Miutto is VAT registered business.
5.7. All the prices on the site are in Euros considering it as an international currency in what ever country you are shopping; but you can also change currency to US Dollars or British Pounds. Your credit card company will automatically convert the transaction to your local currency.
5.8. Seller may at its sole discretion cancel your order in which case Seller shall return any monies received from you, within 30 (thirty) days of receipt of such monies to your nominated account.
5.9. You agree that in any event Seller shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.10. You agree to indemnify Seller in full against all costs and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs.
5.11. Orders to countries outside the EU may be subject to VAT, import duties and/or taxes, which are levied once your package reaches your country. MIUTTO ships your package according to Incoterm Delivered Duty Unpaid (DDU), which means we do not collect VAT, duties and/or taxes on orders to countries outside the EU and we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information.
6. Returns, Cancelations and Refunds
6.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within within 7 days from the dispatch of your order if the Goods are damaged or do not comply with any of the Contract (e.g. if you'd like to return).
6.2. If your product is damaged in transit, please contact us immediately, we will pursue the case with freight forwarders.
6.3. If you’ll decide on returning the item purchased from MIUTTO.COM, your returns of orders will be confirmed only where you have returned the item in its original condition, unworn and together with its original packaging and certificate where applicable. Non-return of the certificate will be charged for a replacement certificate and you may be charged an additional replacement cost for packaging and any other collateral material. Please note that clients will need to bear the costs of shipment and insurance. The cost will vary depending on the country where the item is dispatched from as well as the value of the item.
6.4. Customer can cancel the order until it is dispatched from the Seller. If you cancel before item has been despatched and you have already paid for the goods, you will receive a full refund.
6.5. All returns are subject to verification and authentication by the Seller. Purchased items with any element of personalization, engraving, bespoke items, designs by or for the client, cannot be returned.
6.6. Seller will not be responsible for any loss or damage of return shipments. We cannot be held liable for any loss or damage you may suffer as a result of your return or late delivery or cancellation of your order, so we advise that you retain all proof of posting documentation. If you have any questions regarding returns please contact us at info@miutto.com.
6.7. Goods will remain Seller’s property until they have been fully paid.
6.8. If the purchased jewellery has been in any way tampered with or altered by the customer, another jeweller or any other third party, return policy will cease to apply, and the item becomes non-refundable and non-returnable.
7. Intellectual Property
7.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this website shall remain at all times vested in us. You are only permitted to use this material if expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any video, pictures, text, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except for the purpose stated below.
7.2. You acknowledge and agree that the material and content contained within this website is made available to you for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Liability and Indemnity
8.1. These terms and conditions, any and all legal issues arising out of or in connection with it (including, but not limiting to, issues regarding conclusion, validity, invalidity, performance and termination of the contract) shall be governed by and these terms and conditions shall be interpreted and constructed under the law of the Republic of Lithuania.
8.2. Seller and Buyer shall take steps to resolve any disputes or contradictions that may emanate from these terms and conditions or in connection with it, through negotiation.
8.3. In case an agreement is not reached by negotiation within 30 days of notice of a dispute being given by either party then the dispute shall be settled in the Vilnius city 1st District Court or Vilnius County Court (Lithuania), depending on jurisdiction.
8.4. Seller will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Seller will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Seller accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
If you have any questions regarding this website please contact us.
