BANA MARIA TERMS AND CONDITIONS
BANA MARIA is the trading name and registered trade mark of BANA MARIA LLC, a company registered in the United Arab Emirates. Terms and conditions for the supply of goods through the BANA MARIA online store (www.banamaria.com) (the “Site”). These Terms and Conditions shall apply to all entered into by BANA MARIA (" BANA MARIA”, “we”, “our”, or “us”). By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of the Site and should cease using it immediately.
By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”), 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 and Conditions carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Site or use any services.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SITE ACCESS AND CHANGES
The Site changes regularly and access to the Site is permitted on a temporary basis. We aim to update the Site regularly, and may change the content at any time, including the product details and pricing without notice. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
No contract will exist between you and BANA MARIA for the sale of any product unless and until BANA MARIA has accepted your order with a confirmation email and a full payment is taken from your credit/debit card or via [MyFatoorah]. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.
BANA MARIA reserves the right not to accept your order in the event that we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered does not meet our quality control standards and is withdrawn, out of stock or if there is an error in pricing or content. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable for any indirect or consequential loss, damage or expenses arising from not accepting your order and we shall have no liability to you, by way of compensation, other than to refund the amount paid for the goods in question.
By purchasing on the Site you confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment we will not be liable for any delay or non-delivery. Payment can be made by the [MyFatoorah] or via your credit/debit card linked to your the [MyFatoorah] account. Payment can also be made by any other methods that may be advertised on the Site from time to time.
All credit/debit card transactions on this site are processed using [MyFatoorah], which is a secure online payment gateway which encrypts your card details in a secure host environment.
The prices payable for ordered goods are as set out in the Site in AED (United Arab Emirates Dirhams). All prices are exclusive of United Arab Emirates VAT. Delivery charges will be clearly displayed when selected and included in the total cost. In the case of delivery to you outside the United Arab Emirates, you will be responsible for the payment of any customs or other import duties due and payable on the ordered goods in the country of delivery.
It is highly recommended that you check your order before you make a purchase on the Site in order to ensure the best possible online shopping experience.
Once the order is placed and full payment has been made, and once your order has been accepted, the legal agreement between you and BANA MARIA will be completed once your order has been dispatched. Dispatch will usually take place within twenty-four (24) hours following receipt of your full payment. Following dispatch your order cannot be cancelled.
To cancel an order prior to dispatch you must notify us of your decision in writing by email to email@example.com using the subject heading ‘Cancellation’ and supplying your order number and address. A request for cancellation will only be accepted before the items ordered are dispatched. In the event of cancellation, you will be granted a credit in the amount of the original purchase for use in relation to future purchases on the Site.
DEFECTIVE AND DAMAGED ITEMS
All parcels must immediately be opened in the presence of the courier upon receipt of the goods, to verify that the goods purchased from us by you are contained in the parcel and are untampered with and undamaged. Keep a proof in case of damage at the time of delivery to send by emailing us . You acknowledge that if you fail to do this and subsequently find the goods are not contained therein, or have been damaged during delivery, we may not be able to claim against the courier or against our insurers. Accordingly, if you do fail to do this, you agree that you will be solely liable for any such loss or damage and shall waive, release and indemnify us from and against any claims relating thereto, to the fullest extent permitted by applicable law. A faulty item is an item with a displaced stone or other discernible physical damage that the client will confirm to us at the time of receiving the parcel via emailing us at firstname.lastname@example.org
REFUNDS AND EXCHANGES
We recommend that you always check your order before you purchase in order to ensure the best online shopping experience with BANA MARIA.
In the unlikely event that you are unhappy with your order, please do not hesitate to contact us by email at email@example.com.
If you are unhappy with your purchased item, you may be eligible to return it. In order to be eligible to return an item you should contact us within 24 hours of your receipt of the item at firstname.lastname@example.org. If we do not hear from you within 24 hours of receipt of the purchased item, we will consider that you are satisfied with your purchase.
If you return a purchased item to BANA MARIA unworn, unused, in perfect condition, in its original packaging and without any sign of defect, you will be given BANA MARIA store credit in the amount of the original purchase which can be spent on any items listed on the Site.
You will be responsible for returning the item to BANA MARIA using a reputable courier service. Once we receive the returned item, it will be inspected by BANA MARIA . Once the return has been approved by BANA MARIA, we will issue your store credit, which you can use during your next purchase on the Site. Always keep evidence of the return shipment of your purchased product.
You will be responsible for the returned item(s) until they reach us. We cannot be held responsible for items that become lost or damaged during the return shipment to us. Therefore, please ensure that you use a secure delivery service, which requires a signature for proof of receipt. The cost of returning an item to BANA MARIA will be borne by you, unless the item is faulty or damaged upon its receipt by you, in which case the shipping cost will be borne by BANA MARIA. A faulty item is an item with a displaced stone or other discernible physical damage, which you have notified to us at email@example.com at the time of receipt of the item.
BANA MARIA does not guarantee that it will be able to provide exchanges for online purchased products, which are returned due to damage or other fault. We have limited stocks of some product so all purchases depend on stock
availability. Accordingly, unless agreed otherwise at the time of notification, we will only be able to grant you store credit in the amount of the original purchase.
It is recommended that you choose carefully the correct size, color and design of the item you are ordering, at the time of purchase in order to avoid disappointment.
Items exempt from both the refund and exchange policies are as follows:
Items exempted from returns:
- Earrings (for hygiene reasons)
- Rose gold plated items (due to the sensitivity of such products As rose gold plated items are subject to oxidation if not handled properly. Please refer to jewelry care section of the Site for more information about rose gold plated jewelry care)
- Adjustable rings (as they are unique customized pieces and designed to fit all sizes)
- Commissioned pieces (which are bespoke)
- Customized pieces (which are also bespoke)
- Other items which BANA MARIA is required to add to this list from time to time as a result of regulations implemented in the United Arab Emirates in relation to hygiene and public safety as a result of the Covid19 pandemic or other national health pandemics from time to time.
- Plated jewelry
Once the return of an item is approved by BANA MARIA, you can ship it back to us at the following address:
BANA MARIA LLC
c/o Marina Crown Tower 1811
United Arab Emirates
We stand behind our products and warrant that all items will be free from manufacturing defects for the life of the product and will comply fully with the product description on the Site, including the grading of any precious or semi-precious materials, simulated gemstones used in the manufacturing of the product. The colors and size of products may differ slightly due to photography. However, we use advanced jewelry photography to enhance the shopping experience of our customers and accept no liability in relation to any such discrepancy.
Please note that slight irregularities and variations in craftsmanship or natural characteristics, or internal inclusions, visible or otherwise, in precious and semi-precious metals and simulated gemstones are unique and individual to each item. These characteristics are considered as part of the character of the item, and should not be considered a defect. Please review BANA MARIA gold-plated sterling silver jewelry care guidelines, which accompany your product and those published under the FAQ on our Site to ensure that it is kept in the best possible condition.
If you believe your item has a manufacturing defect, you may send us a proof for return as product photo at the time you receive your parcel.
If we determine your merchandise is damaged due to a manufacturing defect, if we deem appropriate, we will replace the item. If the item is no longer available, BANA MARIA will replace it with similar item.
Product samples lent to you by BANA MARIA® for promotional material, editorial use, photography or any other reason will be charged for in full if not returned in perfect condition. Unless otherwise agreed in writing by us, samples must be returned to us within seven (7) working days from the day of receipt.
The entire content of the Site, including all jewelry designs, photographs, logo, copyright, trademarks and other intellectual property rights it contains, including the use of the name BANA MARIA is the sole property of BANA MARIA LLC . You may store, print and display the content supplied solely for your own personal use and you may draw the attention of others within your organization to material posted on our Site. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise. By using this service, you agree that you will not attempt to undermine the integrity of the Site. BANA MARIA® is a registered trademark of BANA MARIA LLC.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
These Terms and Conditions set out the entire contract between you and BANA MARIA in respect of the sale, purchase and use of the goods. They supersede any previous contract or understanding in relation to the subject matter hereof. No variation of these terms and conditions are binding on us unless agreed by us in writing.
GOVERNING LAW AND DISPUTES
These Terms and Conditions are governed by the laws of the Dubai International Financial Centre. Any dispute arising in relation to these Terms and Conditions which cannot be resolved amicably between us will be referred to the Courts of the Dubai International Financial Centre for adjudication.
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org .