TERMS & CONDITIONS

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TERMS & CONDITIONS

Terms and Conditions for the Use of the Website www.malvensky.com

1. By using this Website, you agree to the Terms and Conditions regarding the use of the Website.

The owner of the content of this website is Malvensky Corporation S.R.L., a legal entity of Romanian nationality, with its registered office in Bucharest, B-dul Lascar Catargiu no. 46, Sector 1, registered in the Trade Register under no. J40/861/2012, EUID RO.ONRC.J40/861/2012, Unique Registration Code 29594572, fiscal attribute RO, phone +4 0372 534 967 (hereinafter referred to as the "Company"). For further information regarding the Company, please contact us at the email address [email protected].

Access to and use of this website (hereinafter referred to as the "Site"), the information, services, and products presented on the Site are regulated by the Terms and Conditions for using the Site, as well as by all applicable laws and regulations in force.

By accessing and using the Site, you agree, without limitations or reservations, to these Terms and Conditions and acknowledge that any other agreements between you and the Company are replaced by the provisions of these Terms and Conditions regarding the use of the Site. If you do not agree or do not accept, without limitations or reservations, the Terms and Conditions of use of this Site, please cease immediately the use of the Site.

The entire content of this Site may be modified and is provided to you "as is," without any warranties, express or implied.

 

2. Ownership of Content. Copyright

The Site and all of its contents, including but not limited to texts, images, data, graphics, symbols, web graphic elements, scripts, programs, and other data (hereinafter referred to as "Site Content" or "Content") are the property of and copyrighted by the Company, with all rights reserved. Any Content that consists of a trademark, logo, or service mark represents a registered and unregistered trademark belonging to the Company or to third parties who have granted the Company permission to use them. The use of any element of the Site Content is strictly prohibited, except for those provided in the Terms and Conditions of use of the Site, without written permission from the Company or the owner of the Content used. Furthermore, we inform you that the Company will vigorously exercise its intellectual property rights/copyright regarding the Site and the Content and will ensure that these rights are respected, taking legal action (civil and criminal) against those responsible for illicit acts concerning the Company, the Site, and the Site Content, committed during and/or through the use of the Site. Additionally, we inform you that the use of any elements of the Content without obtaining prior written consent from the rights holders is punishable in accordance with the applicable laws.

 

3. Use of the Site

Access to the Site is temporarily permitted, and we reserve the right to withdraw or edit services without prior notice. We are not responsible if, for any reason, the Site is unavailable for a certain period or at a certain time. Occasionally, we may restrict access to certain sections of the Site. We reserve the right to cease at any time the sale of a product, without prior notice.

All Malvensky products presented on the Site are representative models, for display purposes, of the brand’s collections. Not all of our products are presented on the Site. Not all models displayed on the Site are available in the store.

The Company grants permission to use the Site under the following conditions:

 

4. Confidentiality

Any personal data (e.g., name, address, phone number, or email address) that you submit to the Site via email or other means will be used in accordance with the Site's Privacy Policy, which can be found at www.malvensky.com/ro/ghid/politica-de-confidentialitate. Any other communications or materials that you submit to this Site, such as questions, comments, suggestions, or similar messages, will be considered non-confidential and not protected by intellectual property rights.

 

5. Liability. Limitation of Liability. Disclaimer of Liability.

Please be advised that by using this Site, you assume full responsibility for the same. Neither the Company nor its affiliates, branches, governing bodies, employees, agents, or third parties involved in the creation, production, operation, revision, or operation of the Site shall be liable for any direct, indirect, punitive, incidental, special, logical, accidental, or any other damages, including but not limited to damages for loss of profit, data loss, or other intangible or immeasurable losses (even if the Company has been previously advised of the possibility of such losses), resulting from: (i) the use or inability to use the Site’s information; (ii) unauthorized access to or deterioration of the user's transmissions or data; (iii) statements or actions of any third party concerning the Site's services; (iv) any other issues related to the Site's services.

The use of the Site for the purpose of engaging in any illicit acts is prohibited, including but not limited to acts defined and punished by criminal law, contrary to the intended purpose for which it was created.

The Company will cooperate with the competent authorities in holding accountable those responsible for such actions/acts. Furthermore, the Company will cooperate with any and all judicial authorities that legally request information regarding the identity of individuals who publish or transmit such information or materials. By using the Site, you explicitly agree to the suspension/termination/prohibition of your access to the Site by the Company for any violation of the Terms and Conditions of use of the Site.

In the event that the Company decides to suspend/terminate/prohibit your access to the Site, you agree to: (i) immediately cease using the Site; and (ii) promptly destroy any copies made of any part of the Content.

The Company shall not be liable for damages, costs, liabilities, expenses (including attorneys’ fees, enforcement expenses, etc.), and amounts for settlements related to any dispute, claim, or action brought by a third party against the Company resulting from: (i) your negligence, misunderstanding, error, or omission, or (ii) your violation of the Terms and Conditions of use of the Site and/or applicable laws in force.

If it is believed that any material made available on the Site, posted by third parties or users, infringes copyright or other rights, it is necessary to report this situation to the email address [email protected]. This Site is offered as is, without any other warranties. The Company is not and cannot be held responsible for discrepancies, unavailability, or other defects in this Site or its Content.

 

6. Links to Third-Party Websites

The Site may contain links to other websites owned or operated by parties other than the Company. Such links are provided for your convenience should you choose to use them. The Company does not control and is not responsible for the content, privacy or security policies, or functionality of these third-party websites.

Without limiting the above, the Company informs you that it assumes no responsibility for any part of the content of these third-party websites, and in particular, the Company firmly informs you that it assumes no responsibility if these websites:

Additionally, the Company does not authorize the content or any other products and services provided on such third-party websites. If you access these third-party websites via a link on the Site, you do so at your own risk, without the Company’s permission. No information on these third-party websites has been verified or guaranteed by the Company. You may return to the website www.malvensky.com by pressing the “back” button in your browser or typing the Site address.

Lastly, placing a hyperlink to the Site requires prior written authorization from the Company. If you wish to place a hyperlink to our Site, you must first contact the Site administrator at [email protected]. The Company cannot, under any circumstances, be held responsible for providing websites that are the subject of a hyperlink from the Site and is not responsible, in any way, for the content, products, services, etc., available on these websites or originating from these websites.

 

7. Revisions of these Terms and Conditions

The Company may, at any time and without prior notice, revise these Terms and Conditions. In relation to your obligation to comply with the Terms and Conditions of this Site with each access, we inform you of your obligation to periodically review these Terms and Conditions before accessing the Site to be aware of the rules regarding its use.

 

8. Force Majeure

The Company shall not be held liable for any events of Force Majeure, which refers to any event beyond the control of the Company, its affiliates, branches, directors or managers, employees, agents, or third parties involved in the creation, production, operation, or revision of the Site, that may prevent the fulfillment of any obligation under these Terms and Conditions, including but not limited to denial-of-service attacks, non-fulfillment of obligations by a third-party hosting provider or utility supplier, unforeseen technical problems, strikes, riots, fires, pandemics, and any other natural events, war, hostilities (whether declared or not), invasion, illegal acts by third parties, military mobilization, requisition, or embargo.

 

9. Processing of Personal Data

To review the Company’s policy on the processing of personal data, please visit www.malvensky.com/ro/ghid/politica-de-confidentialitate.

 

10. Applicable Law and Jurisdiction

These Terms and Conditions of use, as well as the use of the Site, are governed by the laws of Romania. The competent courts of Romania shall have exclusive jurisdiction over any and all disputes that arise from or relate to or are connected with the provisions of these Terms and Conditions and/or the Site Content, or in the case of disputes where these Terms and Conditions and/or the Site are considered relevant facts for such disputes.

 

11. Rules and Instructions Applicable to the Online Store

11.1. Order Placement

The products sold by the Company can be purchased online by placing an order on the Website; via telephone; or from the physical store located in Bucharest, Blv. Lascar Catargiu nr. 46, Sector 1.

An order on the Website can be placed by any individual over 18 years old, or by a legal entity.

Orders can be placed both through a customer account and directly, without having a registered account. Opening a customer account provides customers with at least the following benefits (the list is exemplary, not exhaustive): facilitates interaction with the Company, allows the keeping of a record of placed orders, simplifies the return and service process, etc.

Please be advised that you are fully and directly responsible for ensuring the security of the access data to your customer account, and you assume responsibility for any action performed on the Website. In case the access data has been compromised, you are required to notify us as soon as possible.

In the case of online orders, after the order has been completed, you will receive a confirmation email. Depending on the payment method, your order will be processed, and you will receive information about your order status, either by email or by phone. If you selected card payment, the order will be accepted and shipped once your credit card and information have been approved and verified.

If the order has not been confirmed, but the amounts have already been withdrawn from your account, we will refund these amounts as soon as possible.

In the event that the products are unavailable, but due to an error, the Website does not update in real-time and they still appear as available, and you have already placed the order, we will inform you about the unavailability of these products and recommend similar products of equal or close value, which can be ordered. If you do not wish to order the recommended similar products, we will cancel the order, and if you have already paid for the products, we will refund the amounts as soon as possible.

Orders are processed within 1/2 working days.

From the moment of order processing, the products will be dispatched as follows:

Delivery time varies, from the moment of dispatch, between 1/2 working days in Bucharest, approximately 3 working days in the country, and up to 5 working days internationally. We process and ship orders during our working hours, Monday to Friday, from 9:00 to 17:30.

If we cannot make deliveries, we will announce this on our Website and on social media.

We reserve the right to decide, unilaterally and without providing any reason, whether or not to conclude a sales contract with you. We will not be held responsible for any refusal to process your order.

Ownership rights over the products will transfer to you only after you have paid all amounts due for the products, including shipping costs.

Simply adding products to the cart does not reserve them.

The order is completed only after going through all the steps in the "Complete Order" process and only after the full payment of the products (if the payment on delivery option has not been selected).

Payment is made online via credit card, through the payment intermediary MobilPay, and no additional fees are charged by the Company for card payments. Transactions are secured.

Product delivery in Romania is handled by Fan Courier, and internationally by DHL. Deliveries within Romania, from the moment of shipment, take 1-3 working days and are free, while the delivery time outside Romania, from the moment of shipment, is up to 5 working days. International shipping costs are displayed on the "Complete Order" page and vary depending on the delivery address (within the EU or non-EU countries).

In the case of duplicate orders, we reserve the right to keep only one of the orders active, and the other(s) will be canceled. You will receive an email informing you of the canceled duplicate orders.

If you placed an online order and chose the online payment option via credit card, but the payment was not registered within 24 hours of placing the order, the order will be automatically canceled, and the reserved products will again appear as available for purchase by other customers.

11.2. Product Pricing

The product price is displayed in RON on the Website and includes value-added tax. In case of an error regarding the price displayed on the Website, we will notify you as soon as possible and either refund the additional amount you paid or request an additional payment. If the new price is not satisfactory to you, and you do not respond to our request or we are unable to contact you within 10 working days from the order date, we will cancel the order and refund the amount paid.

For some products displayed on the Website, prices will be communicated only upon request, as they may vary depending on the specific characteristics of the respective products (size, weight, material, color, etc.).

Product prices can be updated/modified at any time, without prior notice, and this update/modification will replace any previous prices. Your order will be subject to the prices at the time of actual order placement.

11.3. Maintenance and Care

The gold from which our jewelry is made may be yellow, white, or pink. Gold is obtained through the alloy of precious metal with a mixture of metals that gives it its specific hue. To enhance the shine of white gold jewelry, they are coated with rhodium. The rhodium coating may wear off in 6-12 months, and the jewelry may lose some of its luster.

Our jewelry is stamped in accordance with the current legislative framework as follows:

Malvensky offers free services such as replacing cords. All transport costs will be borne by the customer if delivery to an address is requested or if the product is shipped by the customer to our premises.

Malvensky is not responsible for the loss of any item.

For proper maintenance of jewelry, we recommend:

11.4. Repairs/Warranty for Products

The Malvensky warranty and quality certificate is issued in accordance with the laws on the sale of gold jewelry. Consumer rights are in accordance with Article 11 (8) of Emergency Ordinance no. 140/2021 concerning certain aspects related to sales contracts for goods (hereinafter "OUG no. 140/2021").

Repairs for products within the warranty period will be carried out free of charge within 15 calendar days, and if the jewelry needs to be reconstructed, the term is 25 working days, provided that the damage is confirmed to have been caused by a defect attributable to the Company.

For defects not covered by our warranty, such as scratches, excessive or improper wear, broken chains, discoloration of gold, repairs will be carried out for an additional cost, depending on the complexity and type of repair. The customer will be informed of this cost before the repair is processed. The pickup/delivery time for a repair is 15 calendar days, and in the case of reconstructing the jewelry, the term is 25 working days from the processing date, considering the nature and complexity of the goods and the effort required to complete the repair or replacement. Transport costs will be borne by the customer if delivery to an address is requested or if the product is sent by the customer to our premises.

The warranty guarantees consumer rights in accordance with OUG no. 140/2021 and Government Ordinance no. 21/1992 regarding consumer protection.

We do not offer buyback.

We do not lend products.

11.5. Returns

In the case of a return, the transportation cost is borne by the customer.

If the customer requests a return, the product may be returned:

Engraved products are not returned/modified/exchanged and must be paid in advance.

The customer may cancel an already placed order only before it enters production, within a maximum of 24 hours from its placement on the Website or in-store/phone.

We accept product exchanges within 30 calendar days from receipt of the package at Malvensky’s premises or from the purchase date.

For online and in-store orders, we accept the following options:

Products can only be exchanged or returned under the following conditions:

Refunds are processed within 5 working days for online orders, and immediately for in-store returns, up to 1000 RON in cash.

We can only exchange a jewelry piece for another product of equal or higher value. For more information, please contact our Customer Care team at +4 0372 534 967 or email us at [email protected]. The re-delivery time depends on the product chosen, whether it is in stock or needs to be made on order. If you wish to exchange a product for one from a future collection, the amount already paid may remain in the customer’s account until the product is available for purchase. If the new product is more expensive than the returned one, you will need to pay the difference.

For a gift jewelry piece that the customer does not wish to keep, we offer an exchange for another product of similar value. The returned product must be accompanied by the warranty certificate, within 30 calendar days from the purchase date.

For gift card/voucher purchases, we do not accept refunds of the financial value. We reserve the right not to accept multiple returns from the same customer.

We would like to inform you that Malvensky refunds the customer for the product purchased but not for third-party fees (bank transfers, PayPal, MobilPay, exchange rate differences, etc.).

Please contact the Customer Care department at +4 0372 534 967 or email us at [email protected] for further information. Delivery times depend on the product chosen, whether it is in stock or requires special ordering.

11.6. Recommendations for Purchased Products

For proper maintenance of jewelry, we recommend:

11.7. Specifications

GOLD

White gold is a precious material that originally has a dark gray, opaque appearance. To give it a shiny, luminous, and glossy texture, white gold is dipped in a rhodium bath, another precious material. To maintain its sparkling appearance, Malvensky recommends an annual review at our workshop.

The color of the metal may be affected by prolonged use of creams, perfumes, and body oils.

SILVER

Silver is a white metal, considered a precious metal alongside gold and platinum. Unlike gold, it is a flexible, soft material that erodes easily. The tarnishing of silver items left outdoors for long periods or exposed to water, humidity, perfumes, or certain pH levels of the skin is explained by chemical reactions.

STRINGS

Malvensky pendants strings are made of silk, water-resistant, and suitable for high-humidity environments.

We are here to replace Malvensky pendant strings anytime as a courtesy to you.