TERMS & CONDITIONS
Please use the links on the left to quickly access sections regarding shipping, cancellations, returns, delivery and warranty.
By using this website you agree to be bound by the Terms and Conditions set out below. If you do not agree to these Terms and Conditions in their entirety please leave this website.
The www.berryandbeau.com website is provided solely for your personal use. You may not use this website for any commercial purpose.
References in these Terms and Conditions to "we", "us" and "Berry & Beau" are to Mdina Classics, Company registration number C52127, Registered Office: 3, Gorg Borg Olivier Street, Rabat RBT 9041, Malta
1. ONLINE SHOPPING
1.1 We will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of products appearing on the website are correct at the time when the relevant information was entered onto the system. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products that appear on the website. Information pertaining to sizes and dimensions are also approximate and given as indications only. Accuracy of colour you see will depend on your monitor and computer equipment.
1.2 We will not be liable if, for any reason, the Berry & Beau website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all the website.
2. ORDER PROCESS
2.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
2.2 Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:
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The product you ordered is out of stock;
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Our inability to obtain authorisation for your payment;
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We have identified a pricing or product description error;
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There is a system or procurement failure; and
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Failed customer validation checks.
2.3 When you place an order on our website we shall email you an acknowledgement detailing the product you have ordered. This email is not an order confirmation or order acceptance from Berry & Beau.
2.4 Acceptance of your order and the completion of the contract between you and Berry & Beau will take place when your order is dispatched; we will email you that your order has been dispatched. We reserve the right to dispatch multiple orders separately.
2.5 A gift message facility is available on orders and is available for your own personal and strictly non-commercial use. We do not take any responsibility for the contents of messages communicated by you to a third party. When using this facility you agree that your message will not include any content that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You agree not to impersonate any person, including but not limited to any of our employees or customers.
3. DELIVERY & SHIPPING
3.1 Malta Delivery
3.1.1 We offer free delivery to Malta addresses on orders of €40 or more. Delivery will be made in 3 – 5 business days from date of order.
3.1.2 The flat rate delivery fee to Malta addresses for orders under €40 is €6.00. Delivery will be made in 3 – 5 business days from date of order.
3.1.3 Business days are Monday to Friday but exclude all public and national holidays.
3.1.4 At the discretion of Berry & Beau, delivery will be fulfilled by ourselves or by using a third party local delivery service provider.
3.1.5 Should a delivery attempt to a Malta address by Berry & Beau prove unsuccessful due to there being nobody at the address we will arrange for a re-delivery. This will be done at a charge of €6.00, paid by credit card in advance. If unsuccessful delivery is attempted by a third party local delivery service provider (e.g. MaltaPost) the customer must follow that provider’s policy for re-delivery or collection.
3.2 International Shipping
3.2.1 We ship to most destinations worldwide. If your country is not listed, please contact us at hello@berryandbeau.com, preferably with information of what you would like to order, and we will see if we can offer a solution.
3.2.2 All orders are sent via recorded delivery and will require a signature on delivery.
3.2.3 Once dispatched, we will send an email with tracking details. It is the responsibility of the customer to use this information to monitor progress and to see if there have been any problems with the local carrier processing or finalising delivery (carriers may not always leave a delivery attempt notification). Customer is then responsible for contacting the local postal carrier to arrange for completion of delivery.
3.2.4 It is the customer's responsibility to provide us with the correct and complete shipping/delivery address when placing the order. If this is wrong or incomplete and the order is returned to us the customer is responsible for the 'return to sender' charges as well as the cost to re-send the item/s. Should the customer request a refund for the order, the original shipping fee as well as the 'return to sender' charges will be deducted from the refund. This will only be done once the order has been returned to Berry & Beau.
3.2.5 We endeavour to dispatch orders within 3 – 5 workings days. This may take longer during busy periods such as Christmas.
3.2.6 All delivery timeframes provided are estimates and not a guarantee. Delays are occasionally inevitable due to busy periods or unforeseen factors or events outside our control (for example extreme weather, floods, fire or the outbreak of a pandemic). Berry & Beau shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.2.7 If an order has not arrived after the following time frames, contact us at hell@berryandbeau.com:
European destinations: 6 weeks from date of dispatch
Other international destinations: 8 weeks from date of dispatch
3.2.8 We will then open an enquiry with our local provider (MaltaPost). If confirmed lost in transit we will send a replacement at no extra cost.
3.2.9 Shipping fees are shown prior to you commencing to make payment.
3.2.10 Maximum weight calculated in the cart is 20kg. For orders that exceed this amount we will quote accordingly.
3.2.11 While we make every effort to ensure automated shipping charges are correct for individual products the final shipping costs may vary. This can only be determined upon packing. In this case, you will be notified of the extra charge prior to dispatch.
4. CANCELLING AN ORDER
4.1 If a customer wishes to cancel an order for a full refund, or to exchange for another item, they may do so by emailing us at hello@berryandbeau.com.
4.2 If we are notified 2 hours or less prior to dispatch of said order, we can no longer cancel and the customer will need to follow the instructions regarding returns.
5. RETURNS
5.1 In the unlikely event that a customer is not satisfied with an item they have received we will accept returns for refund or exchange.
5.2 Customer must make us aware of intention to return item/s within 14 days of purchase (for Malta based customers) or within 14 days of recorded delivery (for overseas customers) using email address hello@berryandbeau.com. It is important that the customer informs us as to whether they wish to receive a refund or an exchange for a particular item.
5.3 Item/s must then be posted back to us using recorded delivery within 5 days of above notification.
5.6 Customer must pay for return shipping costs and, if opting for an exchange, the cost of shipping the replacement item/s to them prior to dispatch of said replacement item/s.
5.7 If exchanging for higher value item/s, the difference must be paid prior to dispatch.
5.8 All items returned must be unworn/unused, in their original packaging and including a printed copy of the order.
5.9 Sale / discounted items cannot be returned for refund or exchange. Earrings cannot be returned or exchanged for hygiene reasons.
6. WARRANTY
6.1 We offer a 3 month warranty on all items from the date of delivery.
6.2 The warranty covers breakage due to manufacturing defects and excludes general wear and tear, misuse or lack of appropriate care (for jewellery, see our Care Guide for more info).
6.3 If an item of jewellery breaks and the customer feels this is an issue covered by the warranty the customer is requested to follow our standard process:
1. Customer must email us at hello@berryandbeau.com with the following:
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Order number and date of purchase
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Photo/s clearly showing the issue
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Explanation of issue
We may ask for further photos if needed.
2. Upon satisfaction that the damage is not a result of general wear and tear, misuse or lack of appropriate care (all of which are exempt from the warranty) we will send an identical replacement free of charge or refund equal to the amount originally paid for the item. Shipping / delivery fees are not refunded.
6.4 Whether a like-for-like replacement is provided, or a refund, is to our discretion.
7. ADDRESS FOR RETURNS
7.1 All returns are to be sent to:
Berry & Beau
Returns
3, Gorg Borg Olivier Street
Rabat, RBT 9041
Malta
8. REFUND TIME FRAME
8.1 Should a refund be agreed upon, we will process the refund to the original payment method within 2 working days of receiving the return.
8.2 PayPal refunds will show within approx. 24 hours of being processed.
8.3 Credit card refund may take up to approx. 5-10 days to show.
9. PAYMENTS
9.1 All transactions on our website are completed in Euro currency only.
9.2 Our website includes a currency converter. However, this function is provided by a third party and is for indication purposes only and we are not responsible for accuracy of currency conversions shown. The customer is responsible for finally checking conversion rates, if they wish, from their own preferred source.
9.3 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be charged in Euro at the relevant conversion rate at the time.
9.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but, in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the this website. You are responsible for checking the security measures offered by your chosen online payment method.
9.5 By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
10. PRICING POLICY & IMPORT DUTIES
10.1 All prices are inclusive of VAT at the Maltese rate of 18%.
10.2 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
10.3 Any sale offers are subject to availability and may be withdrawn.
10.4 Your order may be subject to import duties and/or taxes, which are levied once your package reaches your country, if your country is outside of the EU. For more information regarding your country’s customs policies, please contact your local customs office.
11. COPYRIGHT POLICY
11.1 Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through, on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libellous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain, solely responsible for the content of any submissions you make to the website.
11.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use the Berry & Beau website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of the Berry & Beau website.
12. MEMBER ACCOUNT, PASSWORD AND SECURITY
12.1 Registering and using the Berry & Beau website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
13. LIABILITY AND INDEMNITY
13.1 Berry & Beau shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material on this website or the performance of the product purchased through the website or the conduct of other users of this website, even if Berry & Beau has been advised of the possibility of such damages.
13.2 The Berry & Beau website may also contain links to other websites, which are not operated by Berry & Beau. When you activate any of these you will leave the Berry & Beau website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
13.3 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
13.4 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
14. COMMENTS AND COMPLAINTS PROCEDURE
14.1 Please contact us if you have any comments or complaints by contacting hello@berryandbeau.com. We will always endeavour to resolve any dispute as swiftly as possible.
15. LINKING TO WEBSITE
15.1 You must not establish a link to this website to suggest any form of association, approval or endorsement on our part where none exists. To seek permission to establish such links contact hello@berryandbeau.com and wait for formal permission prior to doing so.
15.2 You must not establish a link from any website that is not owned by you.
15.3 Our website must not be framed on any other site, and you may not create a link to any part of this website other than the home page.
16. JURISDICTION
16.1 This website is controlled and operated in Malta. Any Terms and Conditions concerning the usage of this website will be governed by the laws of Malta and any dispute concerning use of this website will be determined exclusively by the Maltese Courts.
17. GENERAL
17.1 We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.
17.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
17.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
17.4 Berry & Beau reserves the right to amend, remove or vary the services and/or any page of this website at any time and without notice.
18. ENTIRE AGREEMENT
18.1 These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Berry & Beau. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Mdina Classics Ltd.