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GENERAL TERMS & CONDITIONS

1. SALES ARE SUBJECT TO THESE GENERAL CONDITIONS

When placing an order with us, you accept that our sale of products is subject to (and regulated by) these general terms and conditions, as set out on our website (“T&C”).

Please note that we may amend the T&C from time to time. You should read the T&C carefully before you place an order.

Our website is provided by SPUSTOVA AS, company reg. no. 927 439 999, with business address Bygdøy Allé 17, 0262 Oslo, Norway. If you have any questions to your order, these T&C or you experience problems with our website, please contact our customer service:

Email: info@spustova.com

Telephone: +47 475 00 014

2. ORDERS

2.1 ACCEPTANCE AND BINDING AGREEMENT

Your order is an offer to purchase the product(s). Our sale of products is subject to availability. Once you place your order you will receive an email confirming that we have received your order. Please note that this email confirming that order is received is not an acceptance of your offer to purchase the product. We will ASAP send the formal acceptance of your offer to purchase as an Order Confirmation, and such document confirms our acceptance of your order/offer to buy the product(s).

Please note that if you place an order after opening hours, during the weekend or on a public holiday, we will process your order on the following business day.

We can only process your order if the delivery address is in a country where we deliver product(s). You must be at least 18 years old to purchase products on our website and have a payment card as accepted by us. We reserve the right to not accept any orders at our sole discretion.

2.2 DELIVERY COUNTRIES

If your country (delivery address) is not available among countries we deliver to, please contact our customer service, so we can consider whether we are able to ship to the requested destination.

3. PRICES

3.1 CURRENCY - EUR

Our prices are in EUR. Prices are as advertised from time to time.

3.2 ERRORS

Should there be an error in the pricing of a product, we will notify you as soon as possible and we reserve the right to cancel your order.

3.3 DELIVERY TO ADDRESS TO NORWAY

For orders for delivery to an address in Norway, the listed prices for our products include all duties, taxes and VAT (Incoterms 2020, DDP).

3.4 DELIVERY TO ADDRESS IN OTHER COUNTRIES

For orders for delivery to an address outside Norway, the listed prices do not include taxes and value added taxes. All prices are shown without shipping charges. For customers that request outside Norway, the  prices are displayed without VAT. Purchases for delivery  outside Norway may be subject to import duties,  charges and taxes.

For all orders shipped outside Norway,  the  25%  Norwegian  VAT is  deducted  upon  the  checkout  and shipment will be subject to customs clearance. Before delivering the order, you will have to fill in the online form which will be sent by DHL, directly to your email address.

DHL will act as a broker in collecting the VAT and may ask you for additional information including your personal ID number. DHL should collect only the VAT and customs clearance fee. In most of the EU countries, the VAT rate is between 19% to 21%. Since all SPUSTOVA products are of EEA preferential origin, no customs duty should occur when shipping to a country within the EU. For shipments to the USA, a 5.5% customs duty applies.

Please note that SPUSTOVA AS does not accept any responsibility for any the local duties, charges and taxes for delivery to address outside Norway. Any import duties, taxes and VAT will be invoiced directly to the customer from DHL or your local custom office. We recommend that you check with your local customs office before ordering to determine such costs prior to placing an order. We do not ship to Russia. Please contact us if you have further questions at info@spustova.com

4. PAYMENT

We accept Visa, MasterCard  and American  Express. Payment is charged when your order has been processed.

5. DELIVERY

We are a direct-to-consumer brand ensuring that we only produce what we sell. Our products are handmade by our Atelier in Naples, Italy and can take up to 3 - 4 weeks to produce. Please note that in the event of large number of orders, the production time may be longer. Our production is closed in August, and any orders received in August will accordingly have longer production time than normal.

The estimated delivery date of the products will be stated in your order confirmation email. Please note that this is an estimate, as there may be circumstances where delivery is delayed because of events in our production or other events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses as a result of such delay.

The time of delivery from shipment of products will depend on the country in which the delivery takes place.

Delivery is made when the purchaser, or her/his representative, has taken over the product(s) upon receipt, and the purchaser has the risk of loss or damage to product(s) from such time.

 We offer complimentary express shipping worldwide via DHL on orders above 340 EUR. For orders below 340 EUR (extra silk ribbons), we charge 30 EUR.

Shipping windows:

Orders placed between the 1st - 15th day of the current month - are shipped the second week of the following month

Orders placed between the 15th - 31st day of the current month - are shipped the last week of the following month

6. TRACK YOUR ORDER

You will receive an e-mail with your DHL tracking number when your order is shipped.

IMPORTANT INFORMATION REGARDING DELIVERY 
If a purchaser refuses delivery when DHL is attempting delivery or orders that are not picked up by purchaser at a local DHL Pick Up Point will be returned to our warehouse. In these cases, we will deduct the shipping cost from the customer's payment when we do the refund. Initial shipping charges to customers will not be refunded (30 EUR). 

7. WARRANTY & REPAIR SERVICE

SPUSTOVA jewellery is subject to a 24-month warranty, which covers production and quality of the product.

The warranty does not cover wear and tear from usage and general deterioration of the product. To make a warranty claim, please contact customer service at info@spustova.com. Make sure to include the order number and a description of the warranty issue.

Every SPUSTOVA piece is handcrafted with great care, using materials of exquisite quality. Although delicate, these pieces are designed to last. With the passage of time, however, you may require the use of our full repair service of your jewellery. To arrange a repair please contact our customer service. Only repairs required due to cases of quality or production failure are covered by our warranty within the warranty period.

Outside of the warranty period please note that the costs of sending and repairing the product might occur.

8. RETURN OF PRODUCT - WITHDRAWAL RIGHTS

You may, depending on where you live, have legal right to cancel your order under the Norwegian Right of Withdrawal Act (Norwegian “Angrerettloven”) or  equivalent  consumer  contract  legislation  within  the  EU.

The purchaser must notify the seller of the use of the right of withdrawal within 14 calendar days from the day after the product(s) is received. The cancellation period is considered complied with if notification from purchaser is sent to seller before the expiry of this 14 days deadline. The purchaser has the burden of proving that the right of withdrawal has exercised. You must inform us that you wish to withdraw from the purchase by informing us by e-mail to info@spustova.com to request a return form before the expiration of the withdrawal period. 

If using the right of withdrawal, the product(s) must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal is given. The purchaser must cover the costs of returning the product, i.e. freight/shipping costs, insurance, duties and/or taxes. When exchanging an item, we will pay for the shipment of your new product. 

The purchaser can try on the product, without the right of withdrawal lapsing. However, the product must be unused and unworn and be in the same condition as it was upon receipt by purchaser. All pieces must be returned with the original branded packaging, where provided, as well as any included documentation, tags etc, including the original packaging materials, and placed inside a protective outer box for shipping.  The purchaser will be liable for any reduced value of the product, and any deterioration of the product(s) will result in a deduction of your refund.

The seller is obliged to refund the purchase price to the purchaser without undue delay, and no later than 14 days from when the seller received notification of the buyer's decision to exercise the right of withdrawal. The Seller has the right to withhold payment until he/she has received the products from the purchaser, or until the purchaser has presented undisputed documentation that the product has been sent back and is in perfect condition.

The right to withdrawal (“Angrerett”) does not apply to products that have been manufactured to the purchaser’s specifications or that have been personalized (“bespoke orders”).

9. NON-CONFORMING PRODUCT(S)

9.1 GENERAL

Products are deemed to have a defect if they are not of satisfactory quality, fit for purpose, or not as described in the product description. 

A non-conformity due to use, wear and/or tear is not a product defect that give basis for a claim from purchaser. If the product has a defect upon receipt, you can file your complaint and request the product to be replaced or rectified. Please contact us at info@spustova.com, and include the order number, description of the defect, and pictures. We will contact you after we have processed the claim.

You are not responsible for costs associated with the return of non-conforming product(s). We will refund the purchase price and delivery costs once we have received the product(s), unless you choose to receive new product(s) to replace non-conforming product(s). 

9.2 NATURAL STONES

Please note that natural stones like diamonds will by nature vary in colour and shine. Minor discrepancies in colour and shine are not considered to be a defect in the view of the Norwegian Sale of Goods Act.

10. DESIGN AND COPYRIGHTS

All design and copyrights pertaining to the products belong to SPUSTOVA AS. We have the exclusive right to protect and enforce the design aspects of the products, including but not limited to its shape, ornamentation, and overall appearance. The purchaser must not modify or alter the jewellery design or replicate our products.  The copyright and all other intellectual property rights related to the jewellery design, including any sketches, drawings, or digital files, shall be exclusively owned by SPUSTOVA AS.

11. THIRD PARTIES

Please note that any hyperlinks we provide to third parties website etc may not have been reviewed by us, and we accept no responsibility for any content or accuracy of such sites, and we are not liable for any privacy practices or any damages or loss resulting from the use of such site or content.

12. ASSIGNMENT

We are entitled to assign our rights and obligations under the contract with you to third parties. The standard of the service you receive will not be impaired by assignment. By accepting these conditions, you consent to any such future assignment. At the same time, you agree that from the time when we have given you notification of the assignment, your rights may be claimed only against the third party in question.

13. FORCE MAJEURE

We reserve the right to cancel orders in the event of force majeure incidents, including a  delivery  failure  from  our suppliers.

We are not responsible for delays or failure to meet obligations in relation to these T&C, if the delay or the non-compliance is due to events beyond our control. 

14. GOVERNING LAW

These T&C, our privacy policy and all use of the site is governed by Norwegian law and is subject to the exclusive jurisdiction of Norwegian courts, with Oslo City Court as the court of first instance.