Terms of Service

 

Terms and Conditions are boring we know, but super important!

Applicable to consumers for the use of the Web Shop at www.hiasandesign.com

Valid from 1st April 2018.

 


INTRODUCTION

These terms and conditions apply to consumers who purchase products on this Web Shop, which is owned and run by SUZANNA TÖRNROTH under the name HIASAN DESIGN, company registration no. 9203102620, Kårhusvägen 2, lgh 1102, Luleå, Sweden (hereinafter “HIASAN DESIGN”, “we” or “us”).

We recommend that you carefully read through these terms and conditions before you purchase on our Web Shop. By using this website and purchasing on this Web Shop, you signify your consent to these terms and conditions. If you do not agree to the terms and conditions, please do not use the website.  

 


PURCHASE ORDERS

You may place purchase orders 24 hours a day on our Web Shop. Orders are processed between 11.00 AM and 4.00 PM, (GMT +1). Any orders made outside of this period of time will be processed the following workday. It may take up to 2 business days for orders to be processed.

When you place a purchase order, you will receive an order confirmation email. At this stage, we have acknowledged and received your order. We are not bound by your purchase order at this stage and we reserve the right to edit or alter the order if the requested item(s) is/are not in stock. We will communicate with you via email in the event that this happens. A binding agreement is made between you and HIASAN DESIGN only when you receive an email stating confirmation of order shipment.

It is your responsibility to ensure that all customer information which you provide to us is correct as we do not validate such information. HIASAN DESIGN will not be held responsible for any failure of delivery due to inaccurate or incomplete addresses provided by you. Any re-shipment costs thereafter will be borne by the customer.

 

 

PAYMENT

You cannot be invoiced for more than the amount you have approved and which appears on the order confirmation.

All prices shown on the Web Shop are including VAT (25%) and delivery costs. Prices are shown in SEK/EUR/USD.

We accept payment through Stripe and Paypal.

When using a credit card, payment takes place immediately upon invoicing.

We handle your credit card information with confidentiality, and we never store your credit card information. Our payment provider hosts the form where you enter your credit card details and therefore we never see your credit card information. We do this to ensure your security. Our Web Shop only stores transaction data needed for us to make the withdrawal from your account when shipping the product to you.

All customers paying by card are subject to validation checks. HIASAN DESIGN reserves the right to delay any order if fraud is suspected.

Refunds can only be processed to the credit card used in the original purchase.

 


DELIVERY

Estimated shipping times:

On orders inside the EU: 3-4 working days

On orders outside the EU: 5-6 working days

If your order requires delivery to another EU country than Sweden, the regulations regarding the free movement of products apply, so you will be liable to pay Swedish VAT but no customs duty.

Free delivery is offered within the EU. Delivery outside the EU will incur some additional costs at checkout.

All products are delivered to you by PostNord. HIASAN DESIGN reserves the right to deliver goods via a local subsidiary in some markets.

If the order contains more than one item, we only ship the order, when all items are available.  

All orders are sent with registered post that can be tracked. In the unlikely event that packages are lost or stolen, HIASAN DESIGN will not be held responsible for the lost or stolen packages. No refund or replacements will be provided. We will, however, do our very best to help you in the search for your lost mail.

HIASAN DESIGN will not be held responsible for any shipping delays once the package is handed over to PostNord, or any other delivery service. Shipping delays may arise due to:

  1. Customs.

  2. Civil commotion, Riots or Strikes.

  3. Failure of transportation facilities.

  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  5. The acts, decrees, legislation, regulations or restrictions of any government.

Once packages are shipped out, the shipping process is out of our control. You may refer to the tracking number provided on both local and international orders to track your parcel online or with your local post office.

 

 

RETURNS

Returns are allowed within the EU within a 30-day period. Returns are allowed from outside the EU within a 14-day period. Swedish Consumer Law already states that any purchase can be withdrawn within a 14-day period (see section on RIGHT OF WITHDRAWAL below). In addition, HIASAN DESIGN offers you as a customer the option to return the product(s) within 30 days of receipt of your order, as well as a refund of the purchase price of the product. The refund will be paid out within 5 workdays from when the product arrives back at HIASAN DESIGN. The refund will be paid back to the account in which original payment was made.

Costs of return shipping are not covered by HIASAN DESIGN, and will instead be covered by the customer.

We reserve the right to deny any refund if the product does not reach us, for any reason. Returned products should be in good and undamaged condition. You are therefore liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product. We will determine the value of the returned product based on a guideline for diminished value. For more information on the guideline for diminished value, and our return policy, read the section RIGHT OF WITHDRAWAL below.

 

 

WORLDWIDE SHIPPING

Worldwide shipping is offered by HIASAN DESIGN, through registered post with an accompanying tracking number.

The customer will bear full responsibility for any incurring handling/custom/duty/tax fee charged for the ordered item(s) upon the package’s entry of a country outside the EU. The customer is responsible for researching such costs before placing an order with HIASAN DESIGN. It is advisable to check with your local post office for such fees prior to placing an order.

Some countries may have import restriction laws on precious metals, pearls and semi-precious stones. It is the responsibility of the customer to understand and research these laws before placing an order, as HIASAN DESIGN will not be held responsible for the failure of delivery of packages to customers located in countries where such restrictions exist. It is again advisable to check with your local post office or local customs agency on such laws prior to placing an order.

 


RIGHT OF WITHDRAWAL/RETURN POLICY

Hiasan Design does not accept cancellations, however, please reach out to us at info@hiasandesign.com if there are any problems with your order.

You may exercise your right of withdrawal and return without stating any reasons by sending us a notification by e-mail. There are two options of the template for notifying us your withdrawal/return. Both templates can be found in ANNEX A, at the bottom of the page. You may choose to use the model withdrawal form provided by the Swedish Consumer Agency or HIASAN DESIGN’s simplified version.

Please note that you may not exercise your right of withdrawal by refusing to receive the product or by not collecting your product from the carrier.

Please send the notification of withdrawal to the following address:

 

EMAIL:
info@hiasandesign.com

 

To avoid delays and errors, we ask that you include the order number in the notification.

NOTICE: The right of withdrawal does not apply to products made/personalized to your specifications.

For shoppers outside the EU: You must send back the product to the same address, without undue delay and in any event no later than 14 days from the day on which you communicated your decision to withdraw from the purchase agreement. We may ask for documentation showing that the product(s) have been shipped before the expiry of the deadline. For shoppers within the EU: You must send back the product to the same address, without undue delay and in any event no later within 30 days counted from the date on your receipt of order. We may ask for documentation showing that the product(s) have been shipped before the expiry of the deadline.

We prefer that international orders are returned to us via FEDEX or DHL to ensure that they are protected and insured during transit. However, you may return the goods to us by any secure means. Return freights must be paid by yourself.

Any returns by delivery it must be properly packaged. You are responsible for any incurred damages during the transportation of the product unless the product was mistakenly delivered to you or if the product was already damaged when it was delivered to you. Please note that you shall bear the cost of returning the product. It is not possible to determine the cost for returning the product in advance as this depends on the weight of the package and choice of transportation etc.

Returned products should be in good and undamaged condition. You are therefore liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product. We will determine the value of the returned product based on the following guidelines for diminished value:

 

- No sign of use of the product and the packaging is intact: 0 %.

- Minor signs of use of the product and/or of the original packaging: approx. 25 %.

- Visible signs of use of the product and/or missing or damaged original packaging: approx. 50 %.

- Clear signs of damage done to the product, e.g. visible tears and non-washable stains 100 %.

 

All payments will be reimbursed without undue delay and in any event no later than 5 workdays from the day when the product reaches back to HIASAN DESIGN. We reserve the right to withhold payments until we have received the product for inspection.

If you withdraw from your purchase order in accordance with these conditions we will refund the purchase price. However, any diminished value will be deducted. Unless you have stated otherwise we will reimburse you by using the same means of payment which you used for the initial transaction.

NOTICE: The right to demand reimbursement does not include fees on the use of credit cards or other payment instruments imposed on us by third parties.

If you wish to know more about your right to withdrawal, we recommend that you visit the official website of the Swedish Consumer Agency: www.konsumentverket.se. 

 


COMPLAINTS

We aim to have happy and satisfied customers. We therefore encourage you to contact us if there are any problems with the products you have purchased.

In accordance with the Swedish Consumer Sales Act, as a consumer you have a 6-month claim period, which means that if the product is not in conformity with the purchase agreement you may:

 

- require remedy of the lack of conformity;

- require delivery of substitute products that are in conformity with the purchase agreement;

- require an appropriate reduction of the purchase price; or

- declare the purchase agreement avoided unless the lack of conformity is immaterial.

 

Of course, the above remedies presuppose that your claim is justified and that the lack of conformity is not due to erroneous use of the product or other damaging conduct.

A defect that shows up within six months is assumed to have been there when you received it unless the business can prove otherwise. The business is not liable for defects that you have caused by neglecting the product, failing to follow the maintenance instructions, etc. After six months, the burden of proof is on you to show that the defect was there when you received the product.

You shall give HIASAN DESIGN notice of the lack of conformity within a reasonable time after you have discovered the lack of conformity. Any notice given within a period of two months after which you have discovered the lack of conformity is a timely notice.

Please do note that jewellery is often hand-made and imperfections may be part of the design or aesthetic of the jewellery piece

Complaints or queries of any nature must be sent to the following address by email:

 

EMAIL:
info@hiasandesign.com

 

When you return the product, please enclose a copy of the invoice you received earlier including a note stating what your complaint concerns.

 


COLOURS

HIASAN DESIGN cannot guarantee that colours on the Web Shop will be 100% true to life. This depends partly on the colour settings of your computer and monitor as well as the fact that natural gemstones may vary in lustre and colour. Minor colour and/or lustre deviations are not considered a defect.

  

 

PERSONAL DATA

We collect, process and store data in accordance with the Swedish Personal Data Protection Act and the EU General Data Protection Regulation that comes into effect 25th May 2018.

All personal information saved at the Web Shop will be handled with the utmost confidentiality.

When registering with the site, you have the option not to receive any information from HIASAN DESIGN.

The information stored will not be sold or used for any other purposes than ensuring the best service possible. It will be used solely for:

 

THE EXECUTION OF ORDERS IN OUR WEB SHOP:

The sending of order confirmations

The sending of products

Complaints

Returns

 

THE EXECUTION OF PAYMENTS IN CONNECTION WITH ORDERS IN OUR WEB SHOP:

Payment information in connection with the verification and execution of payments

Returns

Data is transmitted in encrypted format and in accordance with industry standards

 

PROFILES OR USER ACCOUNTS:

Management of profiles or user accounts

 

NEWSLETTERS:

Distribution of newsletters

 

MARKETING, INVITATIONS FOR EVENTS, ETC.:

Marketing of our products

Special offers

Invitations for and information about events, pre-sales, etc.


Please note that the use referred to above will take place only with your prior express consent, unless legislation allows us to contact you without your prior consent.

Your data will be deleted when we no longer need to process the data to fulfil one or more of the purposes mentioned above.

You have the right to be forgotten. Also known as Data Erasure, you have the right to demand complete erasing of your personal data, ceasing the further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include that data no longer being relevant to original purposes for processing, or a data subjects' withdrawing consent.

In the event of a breach, you will receive a mandatory notification of the breach, no later than 72 hours of first becoming aware of the breach. 

You have the right to receive personal data concerning you, which you have previously provided in a 'commonly use and machine readable format', and you also have the right to transmit that data to another controller. 
 


COOKIES

A cookie is a small text file which is stored on the user's IT equipment (such as a PC, tablet, smartphone, etc.) allowing the website to recognize the equipment. Cookies may for instance be used for the purpose of preparing statistics of the users' website use and for optimisation of website contents. A cookie is a passive file and cannot collect information from the user's computer or spread computer virus or other harmful programs. Some cookies are placed by websites (third parties) other than the one stated in browser's address line (the URL). The contents of such cookies may be of a general nature, but they may also be, for example, analytical tools or embedded comment fields. This means that cookies are stored from parties other than the one owning the website.


Some cookies are created temporarily and expire at the end of the user session when the browser is closed (session cookies). Other cookies are stored on the user's IT equipment for a longer period of time (persistent cookies). When the user revisits a website, new session cookies will be placed in the temporary memory, whereas a persistent cookie will be renewed.
Cookies are used on the Web Shop to improve your browsing experience. In addition to use for statistical purposes, the cookies identify your computer and allow the site to recall your personal settings. Furthermore, we use cookies to execute orders in our Web Shop.

Cookies can be deleted. How to delete or decline cookies depends on your browser.
If you use a PC, you may delete cookies by using the shortcut keys [CTRL]+[SHIFT]+[Delete].
If this does not work, or if you use, for example, a MAC computer, you must click on the link in the browser you use:

 

- Internet Explorer
- Mozilla Firefox
- Google Chrome
- Opera
- Safari
- Flash cookies


All Swedish websites are under the obligation to inform users about the cookies placed on the user’s IT equipment. The information must be in accordance with the Electronic Communications Act (2003:389).

 


CHOICE OF LAW

These terms and conditions and any purchase agreement between you and HIASAN DESIGN is governed by Swedish law, except for rules on choice of law and CISG. 

 

 

DISCLAIMER

HIASAN DESIGN cannot promise that the content of the Web Shop is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. HIASAN DESIGN may, at any time, amend the content of the Web Shop.

Although HIASAN DESIGN strives to display the correct texts, images and pricing on the Web Shop, errors may occur. If you have been charged the wrong amount in the Web Shop, HIASAN DESIGN will give you the option of placing a new order with the correct price or cancelling your order. HIASAN DESIGN, however, reserves the right to cancel any order prior to dispatch should we find that the purchase is based on erroneous information, including incorrect pricing. In such case we will notify you by email. If we are unable to contact you, your order will be cancelled automatically.

Furthermore, sold out products and force majeure, including delivery failure due to our suppliers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX A

RIGHT OF WITHDRAWAL

Here is your choice of two templates to declare your withdrawal.

1.       A model form provided by the Swedish Consumer Agency (in Swedish): https://www.konsumentverket.se/contentassets/c78f43844da74c7786821d8d12a98b5a/angerblankett_konsumentverket_150817.pdf

2.   A simplified version provided by HIASAN DESIGN:

 

 

TO: HIASAN DESIGN

I hereby wish to exercise my right to withdrawal in relation to my purchasing agreement concerning the following products:

 

Ordered on the __/__/___

Name of consumer:

Consumer’s address:

 

 

Consumer’s Initials (to be deemed as a valid replacement to a physical signature)

 

_______________________________________________________

 

Date:__________________________

 

Either of the templates should be sent to:

EMAIL:
info@hiasandesign.com