1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. By submitting your order to us you agree to be bound by these terms. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are PHOEBE SHOP INC, a company registered in Florida, United States. Our registered EIN number is 92-0789347
2.2 How to contact us. You can contact us by submitting a query here or by writing to us at info@phoebeshop.es
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you with an order confirmation, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing, via an email from our customer care team and will not charge you for the product. The reasons for this might include (but will not be limited to) because: the product is out of stock; stock has failed our quality control checks; unexpected limits on our resources which we could not reasonably plan for; error in the price or description of the product; or we are unable to meet a delivery deadline specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order in the order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We cannot fulfil orders to every country in the world. This may be due to legal or logistical restrictions. For more information on whether we can fulfil orders to your specific location please contact us, or refer to our Shipping page.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Please note that all items are handcrafted from natural materials and as such their composition and colour may vary slightly from the image shown. In particular our natural gemstones which can have slight inclusions. There may also be minor variations in actual dimensions and specifications.
4.2 Provenance of materials
For purchases of products which include diamonds, we guarantee that our diamonds are sourced from suppliers that adhere to the Kimberley Process and World Diamond Council, System of Warranties.
For purchases of products which include 14k Gold, we guarantee that the gold is certified recycled and sourced from Responsible Jewellery Council Chain of Custody certified Refineries.
For purchases of products which include Sterling Silver, we guarantee that product sourced since October 2021 uses certified recycled silver. The silver is sourced from Refineries certified by the Responsible Jewellery Council or SGS.
5. Rights to make changes the contract
5.1 Once an order has been placed, we are unable to make any changes to your orders. You can return your order once you have received it, please find further details in our Returns section.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process and in our confirmation email we will let you know when we will provide the products to you. We will also send an email confirming when we have shipped the product and details of how you can track the delivery of your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.4 When you become responsible for the goods. Your order will be your responsibility from the time we deliver the product(s) to the address you gave us at the order stage.
6.5 When you own goods. You own a product once we have received payment in full.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done, or have told you we are going to do, see 7.2;
(c) If you have just changed your mind about the product, see 7.3.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see 7.5 and 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days and receive a refund.
7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by PHOEBE`S Limited, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2):
Right under the Consumer Contracts Regulations 2013: 14 day period to change your mind, Consumer to pay costs of return.
How our goodwill guarantee is more generous: 60 day period to change your mind, We pay the costs of return if you are in the UK or US.
This 60 day period is extended during seasonal promotions. Please check our promotion terms and conditions for extended periods.
7.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products which have been worn and are not in their original packaging; and
(b) engraved or personalised products.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Contact us here.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must follow our returns procedure here. Returns which do not comply with our procedure may not be refunded. If you are exercising your right to change your mind you must have returned the goods within 60 days of date of order.
8.3 When we will pay the costs of return.
If you are in the UK or US we will pay the cost of return in all circumstances. For all other territories, we will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In order to take advantage of free returns, please contact us here. In all other circumstances you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including standard delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) We aim to process all returned orders within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information or engraving details;
(c) you do not, within a reasonable time, allow us to deliver the products to you; or
(d) you make the purchase under fraudulent or illegal circumstances.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us here.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.
10.3 PHOEBE`S promise. In addition to your legal rights we offer you a two year warranty on your purchase, this entitles you to a replacement at no charge if the product breaks within two years of purchase, subject to proof of receipt and satisfactory evidence of how the breakage occurred.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must follow our returns procedure. Please call customer services on +44 (0) 20 3111 2300 or contact us for worldwide returns information.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. Non-EU orders are exclusive of VAT (20%). The VAT element will automatically be deducted from the original price, when a non-EC country is selected. To our customers in Australia, please note that we need to add a service tax (GST) to all orders from Australia in order for us to comply with Australian import tax laws. Please see the ATO website for more details.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 Import Charges Outside of the EU. Please note that international orders may be subject to customs or import duties and tax charges once they reach their destination country outside of the UK. We do not cover this cost so you will be responsible for paying any import charges that may be added. As customs vary from country to country, unfortunately we can’t advise on these charges, and would recommend you contact your local customs office for more information before placing your order. EU Orders: We would like to reassure all of our European customers that there will be no uninvited costs (additional customs taxes and duties) from Brexit's new trading laws. We're working hard to make sure your shopping experience at Missoma remains completely seamless. To our customers in Australia, as set out in clause 11.2 please note that we need to add a service tax (GST) to all orders from Australia in order for us to comply with Australian import tax laws.
11.5 When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Maestro, MasterCard, Amex, PayPal, Shop Pay, Apple Pay, Amazon Pay, Klarna and Alipay. Please note AliPay is not available as a payment option for orders containing gift card. You must pay for the products before we dispatch them. Please note that if you are paying with PayPal and you select a different currency to shop on the GBP site, Paypal will charge you for the order in GBP, which you will see at checkout and in your order confirmation.
11.6 Klarna Payments. In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna; further information and Klarna's user user terms and conditions can be found here. General information on Klarna can be found here.Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
11.7 Shopify. All credit /debit card and Apple Pay payments on phoebeshop.es are processed via Shopify Payments. Amazon Pay and Paypal are processed via their own Shopify integrations. Missoma assumes no liability whatsoever for the availability and functionality of this service. Shopify Payments complies with the Electronic Commerce Directive.
11.8 Can I use my Stack Reward Points with a Promo Code? No, unfortunately your Stack reward points can’t be used in conjunction with a promo code. Stack rewards points can however be used as payment on items that have been marked down from their full original price.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2.
13. How we may use your personal information
13.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.
14. Other important terms
14.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Phoebe Shop LIMITED of 2333 BRICKELL AVE STE D11. MIAMI, FL: contactable here via our website and by email info@phoebeshop.es
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*].
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate