Terms of Sale

Introduction:

 

http://www.RubyCharm.com (also including all other Domain names reserved by RubyCharm, belonging to the same internet system) - “Website” is a site which is operated and owned by Ruby Charm UG (haftungsbeschrankt) address: Rheinstrasse 60, 76532 Baden-Baden, Deutschland, Bundesrepublik Register: Mannheim HRB 720117 (“we”, “us”, “our”, “RubyCharm”).

It is important that you read these Website Terms of Sale (“Terms of Sale”) carefully before ordering any Crafts from our Website. Together with our Privacy Policy and our Terms of Use, they define our relationship with you in relation to this Website and your purchase. If you have any questions about them, please contact our customer service department customerservice@rubycharm.com or contact us using facilitated Website contact page.

These Terms of Sale will always be presented to you before you order Crafts from our Website by link Terms of Sale. Please click on the dialog box “Terms of Sale” and the the button marked “Confirm order” at the order confirmation section of the Website (“Order”) to show that you accept these Terms of Sale. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product from our Website.

You may have other rights granted by local mandatory law, and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by local law.

 

About Ruby Charm:

 

We are Ruby Charm UG (haftungsbeschrankt), a company registered in Germany. Our registered office is 60 Rheinstrasse, Baden-Baden 76532.  Our VAT number is DE295983661.

You can contact us by email at office@rubycharm.com.

The Website to which these Terms of Sale apply and for which we are responsible is http://www.RubyCharm.com.

 

We think of ourselves as an artistic workshop. Every part of the creation process of this website is special in its own way, and you can read about it in "Our quest" chapter. It will show to you in so many ways what we are doing to make this a special, significant, different, and in the end and most important of all, very beautiful project. Everything is connected - each stone extracted from earth, a stone which is then recognized and touched, hand selected to adorn our handcrafts. Its unique set of colours and shapes, the light that is refracted through and a photographer who is searching for the best angle to capture the uniqueness; the symbolism of species and detail that goes back to the earliest days of our collective memories, the "perfect word" ("Le mot juste") for which we seeking to describe the energy we feel; the effort we put to reconcile ancient and modern, esoteric and electronic, and to teach the network cloud about energy, so we can bring it closer to you, cover vast distance in one blink of an eye, until you can see for yourselves, and to grace and relish with Ruby Charm uniqueness.

 

Who Can Purchase From us?

 

To purchase from us you must be over 18 and resident of Earth.

If you don’t find country you want our Crafts shipped too in our shipping lists, please contact our customer service department customerservice@rubycharm.com or contact us using facilitated Website contact page, and we will find a way to accommodate you.

 

Our Contract when purchasing online on Website

 

Orders are submitted via the Website in the following way:

-Once you are ready to make a purchase, click on ‘shop…Be unique’ to add the Product you wish to purchase to your “My choice” selection. Then proceed by clicking ‘checkout’ to log into our secure servers to complete your Order.

-If this is your first purchase on the Website you will have the option to 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 must not disclose it or share it with anyone. We hold a secure password file to enable you to request a reminder, should it be forgotten on future transactions. 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 have already registered account, or are a returning customer, you will be asked to enter your sign in details to access your account.

-You will be asked to enter you purchase information – name, email, telephone number, address, and to confirm that billing and delivery address are the same.

-You will be asked to confirm you shipping options, as we may use different post and courier alternatives. 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 and you will be able to review these charges before you place your Order).

-You will be asked to choose payment method, and after that you will be taken by encrypted and secured site facilitated by online gateway security of your choice.

-You may check and correct complete Order including Crafts, packaging, special features, shipping and tax. You will be asked then to complete your Order by pressing “Confirm order”.

-It is your responsibility to ensure that your Order is correct before submitting it to us. If you have any problems with your Order, please contact us on orders@rubycharm.com, and/or we will arrange a free telephone call by our Customer contact department.

-You will then send you a confirmatory email to acknowledge that we have received and accepted your Order and payment. This is sent out automatically by us to the email address you register with us. As our Website is progress software solution, we ensure we can meet your order after we send our confirmatory mail.

-When we have received your payment, we will send you another email – payment email. This email means we have received information about your payment being processed, and we can continue by shipping you product to desired address. By sending you the Payment Email and thereby confirming and accepting your Order, the contract between us (“Contract”) is formed. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.

-You will be sent another mail confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery. This is sent out automatically by us to the email address you register with us.

-Products are usually sent by the end of the next working day after the payment has been confirmed, and average delivery time is 7 days, depending of destination.

-The Contract will relate only to those Product(s) whose dispatch has been confirmed in the Dispatch Email. We will not be obliged to supply any other Product(s) which may have formed part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Email.

-You should check both the confirmatory email and the Dispatch Email for accuracy and let us know immediately if there are any errors.

-If there are any problems with your Order, or payment proceedings, you will be contacted by a representative of Ruby Charm UG.

 

Price and payment

 

All prices are shown in specified currency. The Products price is exclusive of any import duties, taxes and shipping charges.

Prices and delivery costs are liable to change at any time, but changes will never affect Orders which we have already confirmed in a first confirmation Email.

Prices are checked regularly. However, if we find 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.

Prices of Products includes regular packaging costs, these costs are included in price of Craft. If you want special packaging services – Luxury packaging, Gift wrapping you will be charged extra charges and it will be clearly specified before confirming your order.

Special services, like specialized inscriptions, gift cards are also subjected to extra charges. All extra charges will be clearly specified before confirming your order.

All prices for the Products indicated on our Website are given VAT excluded. At final confirmation of order we will include all taxes, which may be payable in respect of the Product(s), in respect of packaging and post charges. Non EU customers will be excluded of paying VAT taxes.

-All payments must be made at the time of dispatch of the Product(s) to you.

-We use following security payment software:

Sage Pay – For Visa and Mastercard payments it is an Europe’s leading independent payment service provider (PSP) and is one of the most trusted payment brands, part of The Sage Group, a FTSE 1000 listed Global accounting Software Company. Each year, they process over 4 billion payments securely online, over the phone and through card machines. Over 50,000 businesses across Europe rely on us to process card payments securely and help prevent fraudulent transactions. We make sure the payment process is safe and easy for you. Sage Pay makes payments safe and secure. Payment security and fraud prevention are two of their top priorities. All of their transactions are encrypted to the highest global standards. Sage Pay payment systems are monitored and audited regularly by a world leading Qualified Security Assessors (QSA), so you can be confident our services are completely secure. Transactions processed using Sage Pay go through powerful fraud prevention tools to check if your card details have previously been compromised somewhere else online or to prevent the illegal use of a card by an unauthorised person.

Additional information about Sage Pay payment system you can find at http://www.sagepay.co.uk/support/online-shoppers/about-sage-pay

PayPal - PayPal is a service that enables you to pay, send money, and accept payments without revealing your financial details. It will help you to stay secure and protected. PayPal uses the latest in data encryption and anti-fraud technology to keep your information secure, reducing the risk of online fraud. It will help you pay with flexibility, Register your credit card or debit card with your PayPal account. You can pay by simply choosing PayPal at checkout, logging into your PayPal account, and confirming your payment. You complete the process with PayPal, without sharing your financial details with us.

GyroPay - Giropay is an Internet payment System in Germany, based on online banking. Introduced in February 2006, this payment method allows customers to buy securely on the Internet using direct online transfers from their bank account. The system is similar to the Dutch iDEAL payment system.

Scrill - Skrill has been moving money digitally since 2001 and is now one of world's leading digital payments companies, with 560 people from 30 nationalities working in our London headquarters and their offices throughout Europe and the USA. Over 36 million account holders already trust Skrill to send and receive money worldwide in 200 countries and 40 currencies, securely and at low cost, without revealing their personal financial details to us. Their worldwide payment network lets businesses extend their reach globally with over 100 local payment options. They already meet the needs of over 156,000 businesses with everything from a simple one-step integration to a fully-tailored payment solution.

Information about payment online gateways above was given on a basis of information provided by respected companies and we do not guarantee its accuracy.

-Please note, it is possible that your card issuer or your online payment processor may charge you an online handling fee, exchanging rate fees or processing fee. We are not responsible for this.

-For payment by you may be subject to 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.

-By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).

 

Delivery, Title and Risk

 

We aim to deliver Crafts to you, to the delivery address you have requested in your Order within the time set out in our Dispatch Email and Terms of sale, but we cannot give an exact delivery date.

If we have not delivered the Product(s) at your delivery address within 30 days of the Contract or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you at your request.

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

 

 

International shipping 

 

-Any Order being shipped to a destination outside of EU may be subject to import duties and taxes that are levied and collected as a part of the import process determined by your country’s legal system. If you are placing an Order outside of EU, you are considered to be the importer of goods and must comply with all applicable laws and regulations. Charges for duties, taxes, and the carrier's collection fee are in addition to your shipping charge and must be borne by you. We are not responsible for this process and do not accept any liability. But, if you need additional information on this subject, please contact our customer service by email: customerservice@rubycharm.com.

-Some items may require special handling as specified by federal, state and local regulations governing the transport of these items; therefore, the shipment of some products to certain locations may not be possible. But this is very rare. If you need any additional information prior to your order, please contact us at customerservice@rubycharm.com.

-International orders are subject to duties and customs. If you are shipping your order outside of EU, as a condition of sale, you acknowledge and agree that title to your order transfers to you after exportation from the EU and immediately prior to importation of such order at the border of the ship to location and assume all risk and responsibility for the import clearance, duties, and delivery to final destination. These charges must be paid upon placing your order.

For additional questions about international shipping please contact us at customerservice@rubycharm.com.

 

No questions asked return policy

 

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract (other than for personalised, engraved, customised, fragrances or other products which we have specified as non-returnable, unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered) and receive a refund from us.

You may cancel a Contract and receive a refund at any time before your Order is delivered and up to 30 days afterwards, beginning on the day you purchased your Order ("No questions asked period").

To cancel the Contract, you must clearly inform us, preferably:

-in writing by email at returns@rubycharm.com giving us your name, address and order reference;

If you choose to cancel then you must return the Product(s) to us at your cost and risk to the address detailed on the delivery note which accompanies the Product(s). We advise you to ensure the Product(s) are adequately insured during the return journey.

You must return the Products to us within 14 days after the day of notifying us of the cancelation, in the same condition in which you receive them. If you have not returned the Product(s) within 14 days of cancelation or when requested by us to do so, whichever occurs first, we can collect the Product(s) from you at your cost.

You must ensure that you take reasonable care of the Product(s) while they are in your possession. Products must be unused, unworn and undamaged, and kept with original packaging. 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, from the refund to which you are otherwise entitled.

Details of your right to cancel or return will also be provided in the delivery note which accompanies the Product(s).

Gift recipients are entitled to a non-refundable merchandise exchange or may request that a refund is made to the purchaser of the Product(s). To exchange your gift selection or request that a refund is made to the purchaser please follow the instructions included with your package.

All refunds will be made within 14 days after we receive returned Products.

During the No questions asked period we will refund the price of the Products in full (subject to any deduction we are entitled to make due to your use or damage of the Product). However as set out above, we will not refund your cost of shipment, costs of returning the Products to us and any C.O.D. duties and custom fees you have paid in process when subject of International delivery.

After the No questions asked period, we will not refund your Product if you wish to return it.

 

Damaged or defective product(s)

 

You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our store, at no cost to you.

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). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition we will either refund the cost of the return of the item to us by you or send you a prepaid parcel which you can use to return the damaged or defective item to us. Nothing in this section affects your legal rights.

 

You should be aware that:

 

We proclaim and hereby undertake and warrant that the following circumstances and information appearing on our site is accurate. Also, disclaimers and warranties of the same content will be set up in visible places on the Website, in order to avoid any kind of misunderstanding.

a) We guarantee that the information presented about physical properties of offered Products are correct or very close to be completely accurate, with the possibility of minor errors, or errors of less importance for the essence of things. This primarily refers to the weight of the Crafts, to all stated sizes and dimensions, type of minerals and materials that were used for crafting, and the type of processing and finish used in gemstone production. Specifically, please note that some products on our Website (“Products”) may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger size than actual size in order to clearly show details or smaller than actual size in order to show the entire item. The actual size is always specified by international measurement. About this we will issue a legally binding certificate.

b) All Crafts that we offer for sale are presently in stock. We sell exclusively produced handicrafts, so we can send them immediately after you make the purchase.

c) We guarantee that photography precisely and explicitly show offered Crafts. Photography were not in any way adjusted, developed, modified or revised with any photo editing software, nor it was used to be drawn over so the Crafts would seem perfect and unreal. Photography precisely and accurately shows the items that we offer, except in rare cases when it would be clearly stated that some and minor differences exist. We clean Crafts AFTER we sell them to you and not photos BEFORE we sell. Therefore some details and even flaws can be seen. We sell jewellery that are Crafted by hand, and it may bear a trace of hand processing. Photos are enlarged many times, and that will make possible to clearly see peculiarity which is often not visible to the naked eye. These characteristics distinguish them from piece processed by machines - these pieces can all be identical and will be personal as much as laundry detergent. Furthermore, minerals on our Crafts have different characteristics and appearances and that is shown on the photographs too. It is considered to be own and special qualities of each piece individually. These qualities are precisely what make it unique, what makes it an attractive charm for a special person to whom such piece attunes. About this we will issue a legally binding certificate.

d) Each Product we offer is hand crafted, unless expressly stated otherwise. About this we will issue a legally binding certificate.

e) Each piece we offer is unique, one of its kind, an original - like any of you. When a piece is not unique, it is expressly and visibly stated on Website. The uniqueness includes its design, colour and shape, but also mineral structure, its colours, allure and glamour, and its energy too. All this makes Ruby Charm Unique Crafts. Very rarely we produce two identical or very similar pieces and we will clearly state it if that is the case. We rarely make two very similar Crafts as we do not like that, and there is no need - there are plenty of colours, shapes and gems that can be used, repetition is unnecessary for those with imagination. About this we will issue a legally binding certificate.

f) Each gemstone that is built in our Crafts was chosen with our hand, touched and recognized. Each crystal we sell is alive and vivid, full of energy that it adorns. We do not buy crystal in bulk, in barrels and without seeing them, we do not buy online, unseen and not distinguished. All we sell was chosen, touched upon our hands before we ventured to offer it you. About this we will issue a legally binding certificate.

g) The information about scientific basis of minerals, metals and gems contained on this Website is given for general information and interest purposes only.  Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information.  As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website.

h) Information about the energy of crystals, their impact on our lives, about the attributes and characteristics they possess, the symbolism they carry, are given with the aim to better understand the creation of the Earth. However, we cannot take any responsibility for their effect on anyone. Therefore, such information should be viewed as a symbolic interpretation, as well as psychological support to your effort to reach the goal that you set for yourselves. For their influence in this sense we do not accept any kind of responsibility nor do we guarantee any effect.

i) The foregoing is especially true for the crystals alleged influence on health, physical well-being and their beneficial effects. The effect of the crystal can be understood only as a symbolic and ancient beliefs, energy and psychological support for treatment. If you have any health problem, consult your doctor, not this Website. This site does not offer any possibility of alternative treatment, or guarantee any influence of crystals on human health.

j) Information in the Contents section titled "Stories about gemstones," “Stories about crafts, “Stories about people and crystals” and Stories about properties of stones”... are all completely fictitious, and are work of writers of fiction and imagination, sometimes without any basis, sometimes inspired by real people and events in history that took place, but not as described, or not in the manner described in full. These stories are for entertainment and interest, they teach us to think and conjure, or to better understand the appearance or characteristics of a Crafts or gems. Stories are artistic expressions of our authors, not information sources.

 

 

Linking:

 

We may link to other websites which are not within our control.  When we do this, we will try and make it as clear as possible that you are leaving our Website.  We are not responsible for these websites in any way.  It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion (the granting of which may be subjected to further conditions):

-the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and

-you must not imply that we endorse or are associated with any other website, product or service.

You agree that when accessing the Website you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling technology.

 

Governing law and jurisdiction:

 

Formation, existence, construction, performance, validity of these Terms of sale will be governed by the laws of Bundesrepublik Deutschland.

The German courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use or use of the Website. This current version of Terms of sale shall begin to be effective as of December 1, 2014.

 

Additional information you should know:

 

These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

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Contact Information

Our postal address is:

Ruby Charm UG,

Customer Service,

Rheinstrasse 60

76532 Baden Baden