Terms of Sale and Returns & Refunds Policy
These Terms of Sale and the integrated Returns & Refunds Policy (collectively, “Terms”) govern all offers, sales, and purchases of physical goods (jewelry and fashion products) and digital goods (where applicable) made through the e-commerce platform operated by Triada Designs SRL, an LLC (hereinafter, “The Company,” “we,” or “us”). By placing an order, the Customer (“You” or the “Buyer”) agrees to be legally bound by these Terms.
1. General Provisions and Contract Formation
1.1. Applicability: These Terms apply exclusively to the sale of products. They do not govern the provision of separate consultation services (“Soul Sessions”), which are subject to distinct Service Terms.
1.2. Contract Formation: The display of products on the website constitutes an invitation to treat, not a binding offer to sell. Your submission of an order constitutes a binding offer to purchase the selected products under these Terms. Acceptance of your offer is formalized only upon the earlier of (a) our issuance of an Order Confirmation Email, or (b) the shipment of the ordered goods.
1.3. Product Information: We strive to ensure product descriptions, pricing, and visual representations are accurate. However, errors may occur. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Products may vary slightly from their pictures.
1.4. Pricing and Payment: All prices are as listed on the website at the time of purchase. Prices include VAT or other applicable sales taxes where required by EU law, but exclude shipping charges and potential customs duties (see Section 3.4). We accept payment via the methods specified at checkout (e.g., Stripe, PayPal). Payment must be received in full before an order is processed.
2. Shipping and Delivery
2.1. Shipping Obligation: We will arrange for the delivery of the goods to the address specified in your order. Risk of loss and title for items purchased pass to you upon our delivery to the carrier.
2.2. Dropshipping Disclosure: You acknowledge that certain products are fulfilled via a dropshipping model. As detailed in our separate Dropshipping Fulfillment Disclosure, this may result in extended processing and shipping times.
2.3. Estimated Times: Any dates or periods quoted for delivery are estimates only. While we will make reasonable efforts to meet such estimates, we are not liable for any delays in delivery caused by force majeure events, logistics disruptions, or customs processing.
3. International Shipments and Customs
3.1. Global Reach: We ship worldwide, including to the EU, U.S., Australia, and UAE.
3.2. Customer as Importer: For orders shipped outside the EU, the Buyer is designated as the importer of record and must comply with all laws and regulations of the destination country.
3.3. Duties and Taxes Responsibility: The Buyer shall be solely and fully responsible for the payment of all customs duties, import taxes, value-added taxes (VAT) upon import, fees, and any administrative charges levied by the destination country’s government or regulatory bodies. These costs are not included in the product price or shipping charges. Failure to pay these charges may result in the abandonment or destruction of the package, in which case no refund will be provided.
4. Returns & Refunds Policy (Integrated)
This Policy details the process and conditions for returning purchased goods and receiving refunds, adhering to the mandatory 14-day right of withdrawal for EU consumers, with modified timelines for international buyers, ensuring compliance with global consumer protection frameworks, including the EU Consumer Rights Directive (2011/83/EU) and applicable US laws.
4.1. General Return Conditions
a. Eligibility Window:
- EU Buyers: You possess a statutory 14-day right of withdrawal from the date of physical receipt of the goods, allowing for a return for any reason.
- Non-EU International Buyers (U.S., Australia, UAE, etc.): We offer an extended return period of 30 calendar days from the date of physical receipt.
b. Condition of Returned Items: To be eligible for a refund, the returned item(s) must be:
- Unused, unworn, and undamaged.
- Returned in the original packaging, with all security seals, tags, and documentation intact.
c. Return Initiation: The Buyer must formally initiate the return process by contacting us via email at info@triada-designs.com within the applicable eligibility window. We will provide detailed instructions and the required return authorization.
4.2. Non-Returnable Items (Statutory Exceptions)
The following items are exempt from the right of withdrawal and are non-refundable unless defective:
a. Personalized/Customized Goods: Products made to the Buyer’s specifications, such as personalized jewellery (e.g., name rings, engraved charms) or any made-to-order item. This exception is applied in accordance with EU consumer law.
b. Digital Products: Digital goods that have been accessed, downloaded, or utilized (e.g., content downloads for future subscription/membership offerings).
c. Sealed Goods: Goods sealed for hygiene or health protection reasons (e.g., certain earrings) if the seal has been broken after delivery.
4.3. Refunds and Return Shipping
a. Refund Processing: Approved refunds will be processed within 14 calendar days of the date we receive the returned goods and verify their condition. The refund will be issued to the original method of payment.
b. Return Shipping Costs:
- Buyer Responsibility (Change of Mind/Withdrawal):
If the return is due to the Buyer’s change of mind or exercise of the right of withdrawal, the Buyer is responsible for all costs of return shipping.
Right of Withdrawal and Returns Timeline (EU/Statutory Compliance)
- Statutory Right of Withdrawal (EU Customers): Customers located in the European Economic Area (EEA) and the United Kingdom are entitled to exercise their statutory right to withdraw from the contract within fourteen (14) calendar days from the date on which they, or a third party indicated by them, receive the product.
- Extended Return Policy: For the convenience of all customers, Triada Designs extends this right of withdrawal to a thirty (30) day “Change of Mind” return period, commencing from the delivery date. To be eligible for return under this extended policy, the item must be unused, unworn, and returned in the original packaging with all original documentation, certificates, and tags intact.
Exclusion of Personalized and Custom Items (Art. 16(c) and US Law)
Notwithstanding, the right of withdrawal and the extended 30-day “Change of Mind” policy shall not apply to goods that are clearly personalized, custom-made, or modified specifically according to the consumer’s specifications.
Non-Returnable Clause: Personalized or bespoke jewelry items (including, but not limited to, engraved items, custom settings, or products made to specific dimensions supplied by the customer) are explicitly excluded from being returned or exchanged unless they are found to be defective or damaged upon delivery, in line with Article 16(c) of EU Directive 2011/83/EU and general US consumer protection principles for custom-made goods.
Refund Responsibilities and Processing
- Refund for Change of Mind: If a non-excluded item is returned within the applicable return period, the customer will be refunded the purchase price of the product. The original shipping costs (if any) paid by the customer will only be refunded if required by the statutory law applicable to the customer (e.g., within the EU 14-day statutory period).
- Defective or Damaged Items: If the product received is demonstrably defective, faulty, or damaged upon delivery, the customer must notify Triada Designs within seven (7) days of receipt. Upon confirmation of the defect, Triada Designs will:
- Provide a full refund, including the original shipping costs.
- Cover the reasonable cost of return shipping for the defective item.
- Refunds will be processed back to the original payment method within fourteen (14) days of receiving the returned item.
International Returns and Customs Duties Disclaimer
- Return Shipping Costs: Unless the item is defective, the customer is responsible for all shipping costs and risks associated with returning the item, including insuring the package.
- Customs, Duties, and Import Fees: For international returns (items shipped back to Triada Designs from outside the destination country), the customer is solely responsible for correctly declaring the item as a “Returned Good” to prevent the imposition of additional import customs duties, taxes, or fees upon re-entry into the destination country. Any such fees or duties wrongly imposed due to improper declaration will be deducted from the customer’s refund amount.
- Company Responsibility (Defective/Damaged/Incorrect):
If the return is due to a verifiable defect, damage during transit, or an error on our part (e.g., incorrect item shipped), Triada Designs SRL will reimburse the reasonable cost of return shipping.
5. Warranty and Defect Liability
5.1. Statutory Warranty: For EU customers, these Terms are subject to the mandatory statutory warranty rights for consumer goods, which provide that products must be free from defects in material and workmanship at the time of delivery.
5.2. Reporting Defects: If you receive a defective or non-conforming product, you must notify us immediately (within a reasonable timeframe, not exceeding two months for EU buyers). We will offer the statutory remedies, which may include repair, replacement, or a price reduction/refund.
6. Subscriptions and Memberships (Future Feature)
6.1. Future Applicability: Should the Company launch its planned subscription/membership model, the purchase of these offerings (including recurring payments, digital content access, and physical component delivery) shall be governed by supplementary Subscription/Membership Terms which will be presented at the point of enrollment.
6.2. Recurring Payments: These supplementary terms will include clear mandates regarding recurring payment authorization, renewal dates, and the specific cancellation and refund policies applicable to both the digital access and physical goods components of the membership.
7. Governing Law and Jurisdiction
These Terms of Sale shall be governed by and construed in accordance with the laws of the European Union (EU) and the jurisdiction of Triada Designs SRL’s legal entity (Romania), without regard to its conflict of law principles. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Romania, EU, while still acknowledging the mandatory consumer rights provided under the Buyer’s local law.