TERMS OF SALE

 

Last Updated : 20/09/2020

 

In addition to the Terms of Use which govern your use of this website (the “Site”), these Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Messika USA Inc. (“Messika” or “Messika USA” or “we”). By proceeding to place an order through the Site, you agree to be bound by these Terms of Sale and our Terms & Conditons which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, please proceed to cancel your order now.

We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. , we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.

 

  1. Availability and Pricing

Items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on your order, reject all or any part of your order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.

In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Discover" on the Site, it may not be available for ordering from our online inventory, but it may be available at our central warehouse or it may be available elsewhere in our retail stores. Please contact our customer care team at 212-584-9807 or email us at customerservice@messikagroup.com. If the item is available at our warehouse, we will be able to make it available for ordering on our website for you. If the item is not available at our warehouse nor in retail stores, it is not currently available for ordering. Please check back at a later time as our inventory is subject to change. This Site only ships products to addresses in Continental U.S

 

  1. Taxes

Customer shall be responsible for compliance with applicable laws and regulations regarding payment of all use taxes, duties and other taxes (“Taxes”) and the declaration of goods in their state or country of residence. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.  

  1. Method of Payments

When providing a credit card or other payment method accepted on the Site, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). You may pay for your purchase using a valid VISA, MasterCard or American Express. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order will be suspended or cancelled and Messika will have no obligation to fulfill your order. You must resolve any problem we encounter in order to proceed with your order.

In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.

 

  1. Shipping and Handling

our order will be shipped to the U.S. delivery address specified by you during the order process. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.

If you have any questions regarding shipping, please contact us by email at customerservice@messikagroup.com. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFORMATION.

The articles ordered by the Buyer are delivered by the MESSIKA carrier to the delivery address provided by the Buyer when placing the Order, by tracked delivery. A tracking number is allocated to each Order. By logging into their account on the website www.messika.com, the Buyer has a link which enables them to track the progress of their package via the carrier’s website.

Delivery by carrier:

The delivery is estimated to take between 2 and 7 days from the date of dispatch of the Order, indicated by the Order dispatch notice sent via email to the Buyer.

In order for the deadlines to be met, the Customer must ensure they have provided accurate and comprehensive information with regard to the delivery address (such as, in particular, street number, building number, staircase number, access codes, telephone numbers, etc.).

The applicable delivery costs are those indicated on the Website at the time the Order is placed depending on the country of delivery selected by the Buyer. The Buyer will not be invoiced for any delivery costs.

Delays beyond our control may however occur for any of the following reasons:

- Engraving on one of the products

- Unforeseen circumstances

- Delivery area

- Traffic/damage in transit

Where applicable, if the date and/or time window for the delivery chosen by you are not met for any reason whatsoever, MESSIKA will so inform you and offer either to continue the purchasing process with a new delivery date or time window, or cancel the order and refund the entire amount paid.

No deliveries are made on Saturdays, Sundays or public holidays.

The applicable delivery charges are those mentioned on the Site at the time of ordering according to the delivery area selected by the Buyer.

- For delivery methods

If you are absent at the time of delivery, a request for re-delivery shall be accepted by MESSIKA. If you are also absent at the time of this second delivery, the package will be returned to MESSIKA’s registered office, which will result in cancellation of the order.

MESSIKA will be liable for the risks relating to the products until they are delivered to you, you will be liable for them as soon as they are delivered to the delivery address indicated when placing the Order.

 

  1. Conduct on the site

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

 Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify MESSIKA immediately. MESSIKA may assume that any communications MESSIKA receives under your password have been made by you unless MESSIKA receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, those listed here.  You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without MESSIKA’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without MESSIKA’s express written consent.

 

  1. Returns, Exchanges and Refunds

We want you to be completely happy with the items you order from us. Merchandise may de returned (accompanied by your sales receipt) within fourteen (14) days of the date on which the item was delivered to you and elect to: (i) exchange the item for another size or color of this item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item. . A refund may only be made in the same currency country / region as the original purchase. Any personalized items will not be eligible for exchange or refund. 

If you have ordered several articles in a single Order, or if the articles have been delivered in several batches, the withdrawal period commences only when you, or any third party you designated other than the carrier, takes physical possession of the final article or of the final part of the delivery.

To return an item you purchased through the Site, please contact our after sales service by phone (212-584-9807) or email (customerservice@messikagroup.com) and indicate the reason(s) for the return and whether you wish to exchange the item or to receive a refund. You must use the original packing in the package you send to us with the item you are returning.

You may ship your return to us using the return shipping label provided following your request to our customer service, which will ensure that your return is mailed to the proper return address. If you decline to use the complimentary return shipping label provided, please ship your return, prepaid and insured, to us at: MESSIKA USA INC, ECOMMERCE DEPARTMENT 60 Broad Street, STE 3501, NY, NY 10004. Please allow 3 weeks for the processing of your return. Every return for refund will be invoiced $15.

Please attached it to the package in which the Buyer will return the article(s) in question Then drop off your package at the nearest FedEx location, depending on which label you receive.

Please note that any item purchased in a MESSIKA boutique may be returned only to the boutique at which such item was purchased and must be accompanied with your sales receipt.

Please note that all refunds will be issued to the original form of payment. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.

The right of withdrawal cannot be exercised for Orders relating to:

- the provision of goods produced in accordance with the Buyer’s specifications or that are clearly personalized;

- the provision of goods that have been opened by the Buyer following delivery and which cannot be returned for reasons related to health or hygiene.

In any case, the Buyer must return the delivered articles in their original packaging, complete (boxes, certificate of authenticity, accessories, protection, labels, booklets, etc.) and accompanied by the return form, duly completed, as well as a copy of the invoice. Articles returned incomplete, worn, damaged, deteriorated, dirty or in any other condition that could reasonably suggest that they have been used or worn, will be neither refunded nor exchanged and will be sent back.

Articles are accepted for credit or exchange in the U.S. if returned in saleable condition within 15 days, accompanied by a sales receipt. Some exclusions may apply.

Articles are accepted for credit or exchange in the U.S. if returned in saleable condition within 15 days, accompanied by a sales receipt. Some exclusions may apply.

A refund will be made upon request if payment has been received. Gift recipients are entitled to a nonrefundable merchandise credit.

Please note that any return for refund will be invoiced $15, this amount will be deducted from the total amount reimbursed.

Exchanges :

In addition to the right of withdrawal described above, MESSIKA wishes to offer the opportunity to exchange the delivered articles subject to the terms and conditions set out below.

MESSIKA permits you to exchange articles within 15 days following the date of delivery with the exception of special order articles.

The Buyer’s request may only relate to the size of the article or the color of the gold of the ordered article. Two different articles may not be exchanged under any circumstances

It is free to return the product in question for exchange.

The exchange request shall be sent by contacting MESSIKA's customer service department at the following address: customerservice@messikagroup.com or via the “Contact” section located right at the bottom and top of the www.messika.com webpage.

If an article is returned, MESSIKA’s quality control department will check and assess the perfect condition of the returned article.

In addition, the returned article shall be accompanied by its invoice and certificate of authenticity issued at the time of the sale.

Subject to complying with these return conditions, MESSIKA will exchange the article(s) as soon as possible.  MESSIKA will not issue any refund for the returned articles.

Articles returned incomplete, worn, damaged, deteriorated, dirty, with no security label or in any other condition that could reasonably suggest that they have been used or worn, may not be exchanged and shall be returned to the Buyer by post.

Please note that, for gifts, the option to exchange may be exercised by the recipient of the gift, it being understood that in the context of a distance exchange via MESSIKA’s customer service department, no refund may be issued in favor of the recipient of the gift in the event of differences in price.

In the context of the sales policy on exchanges proposed pursuant to this Article, MESSIKA reserves the right to refuse an exchange after two (2) successive requests.

In addition, any delivery costs paid by the Buyer will not be refunded to the latter.

 

  1. Errors

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:

  • If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
  • If the correct price of a product you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.

 

  1. Disclaimers; Limitation of Liability

Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

You understand and agree that, to the fullest extent permitted by applicable law, MESSIKA and its officers, directors, agents, partners and employees (individually and collectively, the “MESSIKA Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not MESSIKA or another MESSIKA Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the MESSIKA Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to MESSIKA for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any MESSIKA Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.

 

  1. Dispute Resolution; Binding Arbitration

INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK.

ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.

AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A COURT WOULD.

THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.

YOU AND MESSIKA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

 

  1. Governing Law

These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in New York, New York with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.

 

  1. Severability

If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.

 

  1. Questions

If you have any questions regarding these Terms of Sale, please contact us by filling out the form on our Contact Us page or by email at customerservice@messikagroup.com