CONDITIONS OF SALE
Last updated: November 2023
About Rafka and These Conditions of Sale
These Conditions of Sale apply to any sales of products or services that you may order from Rafka, “We”, “us”, and “our”), using:
- the website www.rafka.com and any associated mobile or digital applications that refer to these Conditions of Sale (the “Platforms”),
- by e-mail or telephone via our support
- Pay-by-Link at an event outside of the relevant Rafka Store
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Sales Channels, and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded in person through physical points of sale (such as our retail boutiques) not using Pay-by-Link or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
Updates to These Conditions of Sale
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms or on request. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as of that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most states); (b) have legal capacity to enter into contracts; and (c) where shipping is applicable, have a shipping address in the continental United States of America, Alaska, Hawaii or the District of Columbia, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.
By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes. Bulk purchases and purchases for resale are prohibited.
Product Availability & Quantity
All orders placed through the Sales Channels are subject to product availability and acceptance of such orders by us. Your purchase is not complete until you receive confirmation from us by email or otherwise. Additionally, certain products shown may not be available for sale and delivery in some states. We can provide more information as regards these products or the availability of other products. For information about the order process, please refer to our Order Process section below.
Quantity limits may apply in relation to orders for certain products.
Currently, multiple creations purchases policy is as follows:
– Maximum of (1) creation of limited edition creation per client
– Maximum of (2) creations of the same reference per client per year
– Maximum of (5) creations per client per month
We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
Account Registration & Guest Checkout
To place an order through the Platforms, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the “Guest Checkout” option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).
Personalization (for example engraving) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.
We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund (except where defective), and are considered final upon receipt of a written Acknowledgement of Order, as described in these Conditions of Sale.
For custom orders placed through the website an ambassador will assist you in placing your order and will verbally ask you to confirm the details of your order.
For orders placed through the Platforms, desired products should be placed in the shopping bag (subject to availability and quantity limits) and you should proceed to “checkout” when ready to purchase. During the checkout process, you should review your shopping bag to confirm all details prior to completing your purchase. Except for personalized products (as further detailed above), product is not guaranteed as available for purchase until the order is placed and you receive a written Confirmation of Order & Shipment.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; (ii) the import of product activities which we have not intended; or (iii) have otherwise violated these Conditions of Sale.
Prices, Taxes and Shipping Costs
All prices shown or quoted by the applicable Sales Channels are in U.S. Dollars unless otherwise stated and exclude sales tax, shipping costs and other taxes unless otherwise stated. Sales, use or other taxes will vary based on the location to which products are being delivered. You should check updated prices and currency carefully.
Shipping and handling costs, if any, are described in the Shipping Policy below or by the applicable Sales Channels. Shipping and handling costs will only be added to the product price after you have chosen your delivery options, and will be summarised before you are asked to confirm and place your order.
We reserve the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Platforms or quoted by our support, as indicated at the time we provide you with a Confirmation of Order, will be honoured by us.
We take reasonable care that the prices of products and delivery costs are correct when the relevant information is communicated to you via the Sales Channels. However, it is possible that, despite our reasonable efforts, some of the products offered or shipping and handling costs may be incorrectly priced and/or applicable laws have changed that may impact taxes associated with your order. If any of the products or any delivery costs are incorrectly priced and/or a different tax applies, we will contact you as soon as possible to reconfirm the order and new amounts. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel the order and refund you any sums you have paid.
Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
We accept the payment methods identified in the order process via the Sales Channels. When ordering, you will need to provide your payment details through the appropriate Sales Channels. Depending on the means of payment, we may require additional information, including specific forms of identification. All payment card holders are subject to validation check and authorization by the card issuer. If your payment card issuer refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card details, to authenticate your identity, validate your payment card, obtain an initial payment card authorization, and authorize individual purchase transactions.
Depending on your payment method, type, and nature of your purchase, your account may be immediately debited during the checkout process or a hold may be placed on your account for a period of time or until the product is shipped. Please contact the Sales Channels or your payment card provider for more details.
Where we offer a financing option and you choose to use it to pay for your order, the payment and finance option will be subject to both these Conditions of Sale and the applicable terms and conditions of our finance provider, who is disclosed before or during the checkout process. You will have the opportunity to acknowledge and agree to the finance provider’s terms and conditions before confirming the finance option as your method of payment. Note that any selected product(s) and/or service(s) will be held for a limited period of time to permit you to complete the financing process and will be released if you fail to complete the purchase within the time limits.
Where we offer you the ability to prepay for your products, either in full or as a partial prepayment, the prepayment will be taken immediately following the placement of your order and subject to the specific requirements communicated by the applicable Sales Channels during the prepayment process. Prepayments (in whole or in part) are non-refundable; however, prepayments shall not impact your legal rights under these Conditions of Sale.
When using the Sales Channels, we accept credit cards and bank wire transfer for orders placed by telephone through support, and such orders are subject to an order approval process. We do not charge a fee for bank wire transfers; however, some financial institutions may charge a fee for using a bank wire transfer. Your order will not be processed until the payment has been received and confirmed by us, and will be cancelled if the wire transfer payment is not credited into our bank account within [seven (7) days] after the order is placed.
Acknowledgement of Order
Once your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. Except for personalized products as outlined above, this Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct our usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact support or Remote Boutique promptly.
Confirmation of Order & Shipment
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract, except for personalized products, where our Acknowledgement of Order constitutes our acceptance of your order and indicates the existence of a binding sales contract. No agreement for purchase is complete until we send you a Confirmation of Order & Shipment.
We only accept orders for shipping within the continental United States of America, Alaska, or Hawaii. Kindly note that the Rafka does not deliver to P.O. Boxes, APO/FPO addresses, hotels, hospitals, freight forwarders or directly to UPS and FEDEX store locations. For further information, please contact support.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the appropriate Sales Channels for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique.
If you order several products, we reserve the right to ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you).
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery time from the date of our written Confirmation of Order & Shipment except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.
In certain instances, you may be able to choose a specific delivery date if available on the Sales Channels. If this option is provided to you, any such delivery date remains subject to our confirmation.
If delivery of products is delayed, we will inform you as soon as possible and will use reasonable efforts to minimize the delay. With the exception of personalized products, if we do not deliver within fourteen (14) days from the date of the written Confirmation of Order & Shipment or any other delivery time as indicated by us, you may contact support to cancel the relevant order and we will refund of any sums you pre-paid for products not delivered.
We will require a signature by you or an adult at the delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sales contract and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery. Please call our support for more information. Additional steps may apply for boutique pick-up, where available.
When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
Returns and Exchanges
Rafka allows you or the Gift Recipient (as defined below) to return Rafka products purchased through the Sales Channels within thirty (14) days following delivery, but subject to the further terms and conditions set forth below.
(a) Return Process
In accordance with these Conditions of Sale, products that have been purchased through the Sales Channels may be returned after approval. Please call us for further details.
To return an eligible product to us, please contact us to start your return. You must follow the steps mentioned below:
(i) Call us.
(ii) We will send you a return form by e-mail or ask you to complete the return form that was enclosed with your product delivery;
(iii) Please fill out the required information on the return form and sign it;
(iv) You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide, the warranty card and all other documents, in their original box;
(v) Please seal the delivery package and affix the pre-paid airway bill received with your purchase; and
You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced.
(b) Condition of Returned Products
We will verify that the returned product satisfies these Conditions of Sale and, if so, then proceed with the applicable refund or exchange.
Only products in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable). We reserve our right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. If you have received free items as part of your order, they must be returned with the products.
All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you.
Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(c) Products You Cannot Return or Exchange
Orders for products that have been personalized or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned for exchange or refund. This includes, without limitation, custom orders, special orders, and products that have been engraved or altered from its original condition (resized, modified).
If applicable, product(s) and/or services(s) purchased using our finance option cannot be exchanged.
You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale. Personalized products or similar special-order products are strictly non-refundable.
Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact us to discuss your options.
You may return a product purchased through the Sales Channels for exchange with another Rafka product, provided that the return complies with these Conditions of Sale. The sale of the returned product will be cancelled and a new order for the product ordered must be placed.
Website Terms and Conditions
Effective Date: November 1, 2023
1. Acceptance of Terms and Conditions
Welcome to Rafka (“we,” “us,” or “our”) website. By using our website, you agree to comply with and be bound by the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not use this website.
3. Information Collection
When you make an online purchase on our website, we collect certain information necessary to process your order, including but not limited to your name, shipping address, billing information, and contact details. We only collect the information you provide, and this information is used solely for the purpose of fulfilling your order.
4. Use of Tracking Tools
We use tracking tools such as Google Analytics to enhance the user experience on our website. These tools help us analyze user behavior and improve our website’s functionality and content. The information collected by these tools is anonymous and does not personally identify you.
5. Intellectual Property
All content on this website, including but not limited to text, images, graphics, logos, and software, is the property of Rafka and is protected by applicable copyright and trademark laws. You may not use our content without our prior written consent.
6. User Conduct
When using our website, you agree not to:
- Violate any applicable laws or regulations.
- Infringe upon the rights of others.
- Upload, transmit, or distribute any harmful or inappropriate content.
- Attempt to gain unauthorized access to our website or any related systems.
- Our website is provided on an “as-is” and “as available” basis. We do not guarantee that the website will be error-free or uninterrupted.
- We reserve the right to modify, suspend, or discontinue any part of our website at any time without notice.
8. Limitation of Liability
In no event shall Rafka be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our website.
You agree to indemnify and hold Rafka, its officers, directors, employees, and agents harmless from any claims, losses, or damages, including attorney’s fees, resulting from your violation of these Terms and Conditions or your use of our website.
10. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the state of New York.
11. Changes to Terms and Conditions
We reserve the right to modify or replace these Terms and Conditions at our discretion. The most current version will be posted on our website, and your continued use of the website after any changes constitute your acceptance of the updated Terms and Conditions.
12. Contact Information
If you have any questions or concerns about these Terms and Conditions or our website, please contact us at:
7 East 47th Street 3rd Floor NY, NY, 10017
Thank you for visiting our website and for choosing Rafka for your jewelry needs.