Terms of service

OVERVIEW
This website is operated by MOD Jewellery — made of design, Unipessoal Lda (VAT PT514355921), a company based in Avenida de Roma 36-B, 1700-347 Lisbon, Portugal.

Throughout the site, the terms “we”, “us” and “our” refer to MOD Jewellery. The terms "User" and "customer" refer to all people who browse the website www.mod-jewellery.com.

MOD Jewellery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, the customer declares that they are at least 18 (eighteen) years of age and have the legal capacity to contract and use their own means of payment. The User also assumes that he will not make fraudulent use of the website, use our products and content for any illegal or unauthorised purpose, and/or violate any laws in our jurisdiction (including but not limited to copyright laws) or good customs.

SECTION 2 - INTELECTUAL PROPERTY & COPYRIGHTS
All materials included in www.mod-jewellery.com, including, without limitation, images, text, graphics, logos, trademarks, photographs, videos, and communications are the exclusive property of MOD Jewellery. You agree not to reproduce, duplicate, copy, sell, resell or exploit any of these materials without express written permission by us. Copying, reproduction and distribution of any of these materials is prohibited without our written consent.

SECTION 3 - PRODUCT QUALITY & LEGAL HALLMARKS IN PORTUGAL
Our products comply with the quality controls that the Portuguese Law requires, namely with regard to the Contrastaria Portuguesa Law (Portuguese Assay Office). MOD Jewellery is registered with the Instituto Nacional Casa da Moeda (INCM) with the activity title T1187 (Goldsmith Retailer) and T1543 (Goldsmith Retailer - online). All pieces in precious metal are sold with the mandatory brands of Contrastaria Portuguesa. Find out about the Assay Office Brands Chart below or on the Contrastaria Portuguesa main website.

The buyer may, in case of doubt about the authenticity of the marks, resort, for verification purposes, to the services of the Contrastarias. You can also visit Banco de Portugal's website, where you can access information on the daily price of gold, silver, platinum and palladium.

Our gold products are composed with either 18k or 19.2k gold (white, yellow or pink gold), which is duly identified in each product page. Our silver products are made of 925 silver - the most common and used alloy worldwide. The color of the silver can vary between the silver tone, the golden tone (gold bath or gold plated) and the black tone (oxidised with sulfur liver derivatives).

We do not sell second-hand products, defective or of inferior quality to the standards in the market. However, if you buy a product and find a damage or other non-conformity, you must communicate it to us through email (info@mod-jewellery.com) within 3 days after receiving the order. If we find that the product is not in compliance with our quality parameters, then you can choose one of three options: repair the product, replace the product or terminate the contract.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The main characteristics of each product are found on the product page of each product. We make every effort to describe all items available in our store as accurately as possible and we work to ensure that the photographs accurately represent the products. However, due to monitor differences, colours shown in photographs may differ from actual colours of each jewel. MOD Jewellery cannot be held responsible for such differences and is available to provide information about each product in the online store. If you have any question regarding a product, contact us directly via email (info@mod-jewellery.com) or phone (+351 960377744 - national mobile network contact) and we'll be able to clarify any queries.

SECTION 5 - PRICES AND PAYMENTS
All prices on our website are presented in Euros (€) and with VAT included at the Portuguese legal rate of 23%. We reserve the right to change the prices of products displayed at any time and to correct price errors that may occur inadvertently. The prices shown do not include shipping costs (if any) and/or other expenses related to the purchase.

All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right at any time to modify or discontinue a product without notice. We shall not be liable to you or any third-party for any modification, price change, suspension and/or discontinuation of the product and/or services.

SECTION 6 - ORDERS
To make an online purchase the User needs to register on the website www.mod- jewelery.com. The User must have the browser configured to accept cookies and pop-ups, which will allow the user to enjoy all the browsing conditions of the online store.

We are a family owned and operated business. We reserve the right to not accept and/or cancel orders already confirmed within a maximum of 72 hours, in the following situations: (i) The product is not available; (ii) Payment is not made using any of the payment options available on the website; (iii) the payment is not confirmed; (iv) The billing information is not correct or verifiable; (v) The transfer for payment of the order is not received within a period of 5 (five) days after the acceptance of your order; (vi) There is an error in the price quote; (vii) It is not possible to deliver to the address provided by you.

SECTION 7 - PAYMENTS
We accept payments by credit cards (Visa, Mastercard, American Express), bank transfer, Paypal or Revolut. The shipment of the purchased merchandise will only be carried out after payment confirmation. In the case of payment by bank transfer, in order to speed up the shipping process, we recommend sending proof of transfer to our email info@mod-jewellery.com.

SECTION 8 - STOCK UNAVAILABILITY
We reserve the right to inform you, within 72 hours after receiving the order, of the unavailability of any item purchased. After informing you of this unavailability, the contract is considered automatically terminated as regards the unavailable item. The contract will remain in effect and will produce its normal effects in relation to the other items ordered, unless otherwise specified by you. The return referring to the missing item(s) will be made within a maximum period of 10 (ten) working days.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

According to the law established in Portugal, all articles have a 2-year warranty, from the date the purchase invoice is issued. Yet, MOD Jewellery excludes any liability for damage to articles derived from lack of precaution and for inappropriate and neglected use.

Our guarantee covers manufacturing flaws that appear during “normal wear”. If you accidentally break, lose, damage or have your jewellery stolen, our guarantee won’t cover these instances.

Gold vermeil plated pieces will eventually fade with time. The nature of how the piece is worn and cared for can significantly affect the speed of fading. Vermeil re-plating is not included in your warranty although we do offer a chargeable re-plating and polishing service on selected styles. Items adjusted by a person or company other than MOD Jewellery or items returned for any reason other than a manufacturing fault will not be covered by your warranty.

If your product is damaged during the warranty period, we'll repair the defect or replace the product. If there is no possibility to repair or replace the product within a reasonable time, defined by us, the customer will be entitled to a replacement or a full refund. The customer is responsible for shipping the product to us and we pay the cost of shipping of the repaired or replaced products to the customer.

In no case shall MOD Jewellery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We do not guarantee the uninterrupted functioning of our website or any of its functionalities, which may be suspended for maintenance or updates.

We will also not assume any liability for damages arising from situations of force majeure, which prevent us from complying with our obligations, namely, strikes, failures in the electricity network, telecommunications services or any other services, fires, floods, inability to obtain products, materials or services, breakdowns, delays by suppliers or transporters and changes in legislation or administrative regulations. 

Since your access data to our website is personal and non-transferable, we are not responsible for any abuse of the access data to the website by third parties.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOD Jewellery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Portugal.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mod-jewellery.com.