This page contains the terms of service. Please read these terms and conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms of service.

By placing an order at Simone-Martin.com,  you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms of service, which shall apply to all orders placed or to be placed at Simone-Martin.com for the sale and supply of any products. None of these terms of service affect your statutory rights. No other terms or changes to the terms of service shall be binding unless agreed in writing signed by us.

Orders

Atelier Simone Martin pieces are made-to-order, with a production time of four (4) – six (6) weeks. 

All orders are subject to acceptance and availability.

Eligibility to Purchase

In order to make purchases on our site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Atelier Simone Martin terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Atelier Simone Martin, whose applications are acceptable to Atelier Simone Martin and who have authorized Atelier Simone Martin to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Atelier Simone Martin reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Atelier Simone Martin feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Privacy Policy

Prices shown on the Site are in USD unless otherwise selected. Prices are exclusive of TAXES and DUTIES at the applicable rate.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
Import duty or tax costs will be invoiced to you directly from Canada Post/DHL/Fed Ex or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in USD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Acceptance of Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Acceptance of your order and completion of the contract between you and Atelier Simone Martin will be completed when we email you to confirm we are have accepted your order. The sale contract is therefore concluded in Vancouver, Canada and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Atelier Simone Martin.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

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 to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

We process payments through PayPal, and any other methods which may be clearly advertised on the Site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Atelier Simone Martin, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayPal, which is a secure online payment gateway that encrypts your card details in a secure host environment.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Shipping & Deliveries

As part of our commitment to impeccable customer service, we offer free standard north american shipping for jewelry and accessories purchased through our online boutique. Expedited shipping and shipping insurance for jewellery and accessories is optional and recommended for a fee. Shipping costs are listed at checkout. An option to insure your purchase is available at time of check out.

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

We aim to ship orders within one-two (1-2) working days from date of completion. Due to the hand crafted nature of our pieces, lead times may vary on certain pieces. We will notify you by email if we cannot proceed with sending out your purchase in the specified time. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch.

Most international deliveries can be expected within five – ten (7-10) working days after dispatch, depending on your location and method of shipping selected. Atelier Simone Martin is not responsible for any delays caused by destination customs clearance processes or delivery strikes. We will not be liable for delays caused by the event.

We require a signature for any goods delivered, at which point 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 accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Atelier Simone Martin, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
On occasion, our shipper method (Canada Post/DHL/Fed Ex) may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

International Deliveries

We ship our pieces to international clientele, however, all pricing is in USD unless otherwise selected. If your location is not listed at check out, please contact us at info@simone-martin.com and we will look into the availability of shipping to you.

Shipping to destinations outside of Canada is processed through an international customs port into the country of shipment. We will add a commercial invoice to your shipment to make this process easier for your local customs. Clearance of the item will be processed and may have import duties or custom taxes applied. Payment of these duties and taxes are necessary to proceed with importation. These taxes or importation duties are for your account and need to be paid to release your shipment. Duties and taxes vary for different countries. Please contact your local tax department for confirmation of tax levies.

Faulty Goods 

Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that items which were received in good condition but become damaged as a result of normal wear and tear; by accident; through shipping; or through misuse will not be considered faulty. Atelier Simone Martin will require clear visuals (photographs) and a clear written description of the item(s) fault within 48 (forty-eight) hours of receiving the piece (for more information see Our Returns Policy).

OUR RETURNS POLICY

Atelier Simone Martin will not accept any returns on orders after they are placed and which were received in good condition and are deemed to be free of fault or production errors.

Should you receive a Accessory/Jewellery (including earrings) which you feel is faulty and you would like to issue a return we require that you send visuals (photographs/media images) of the fault in question along with a detailed email explanation of the items imperfection to info@simone-martin.com. This email and the accompanying visuals must be sent within 48 (forty-eight) hours of receiving the item(s). Simone Martin will attend to this email at the earliest possible time and may, at its discretion, require further information or a second opinion. Simone Martin will confirm, in writing whether the item is deemed faulty and will advise on the return delivery address and process. Only once an Atelier Simone Martin employee deems the item unfit (in writing), should the purchaser prepare to return the item(s). The item should then be returned unused and with all Simone Martin garment tags still attached and where provided, belts and any packaging such as authenticity cards and dust bags should be included with your return.

Simone Martin will to the utmost of our ability repair the item to ensure that it is free from any defect, and in instances where this is not possible, we will replace the item entirely. The above will incur no cost to you as we strive to ensure that each Simone Martin customer is 100% satisfied with their purchase.

Please email Atelier Simone Martin if any of your purchases have been delivered without Atelier Simone Martin tags or packaging.

Refunds & Exchanges

Due to the delicate made-to-order nature of the pieces we create, we cannot offer refunds or exchanges at this time. Please keep in mind, due to the handmade nature of pieces and the natural materials we use, slight variations will occur. The integrity of the design stays intact. If you receive the incorrect product or if your product arrives damaged (not due to shipping or carelessness with handling), please email us. If the item's damage is not due to shipping, you will need to notify us within 48 hours of item receipt and we will repair or replace as needed. After 48 hours of receipt, any damages to the item will fully be the responsibility of the buyer. 

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Atelier Simone Martin Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Atelier Simone Martin and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Atelier Simone Martin tries to ensure that the information on this site is accurate and complete. Atelier Simone Martin does not promise that Atelier Simone Martin Content is accurate or error-free. Atelier Simone Martin does not promise that the functional aspects of the Site or Atelier Simone Martin Content will be error free or that this Site, Atelier Simone Martin Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Customer opinions expressed on Atelier Simone Martin Instagram and Facebook are the personal opinions of the authors and do not reflect the views of Atelier Simone Martin. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Simone Martin a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but Atelier Simone Martin does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@simone-martin.com. Atelier Simone Martin reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of Atelier Simone Martin and we accept no responsibility for any such views expressed in any media.

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. All of the designs, images, content and styling contained within this site are covered by strict copyright and held under trademark. Any unauthorized reproduction of images or designs, or breach of copyright, in whole or in part, will be referred to our legal advisors for immediate action. By accepting this notice you are accepting and are bound to comply with the terms of this legal notice. If images are desired for print editorial or web media, please contact our PR representatives at info@simone-martin.com, and we will gladly assist you in legally sharing the beauty of Atelier Simone Martin.

Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated our TOS, we may deny you access to this Site on a temporary or permanent basis.

Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than Atelier Simone Martin, including advertisers. Atelier Simone Martin has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us Simone Martin harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Atelier Simone Martin as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Atelier Simone Martin, and we shall not be liable for any representation, act, or omission on your part.

No Waiver

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

Complaints and Governing Law

If you have a complaint about us, please email info@simone-martin.com giving full details including date of purchase and order reference number where applicable and your full name, address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the Canadian law and the relevant courts of Canadian.