Terms & Conditions

TERMS & CONDITIONS OF SALE

These Terms govern your (hereinafter referred to as “you”, “your”, or “yours”, as the context may require) purchases made via our (hereinafter referred to as „Company“, „us“, „our“, „we“ or „ours“, as the context may require), website and online store (the “Site”), available at www.orvynelements.com.

By making purchase at our Site, you agree to these Terms and Conditions of Sale (the “Terms”) and to our Refunds & Returns Policy (the “Refunds Policy”). Our Privacy and Cookie Policy explain how we process personal data and use cookies. Any cookie or marketing consents are collected separately.

These terms do not exclude any non-waivable statutory consumer protection right you may have in your country of residence. If a provision of these Terms conflicts with such rights, those rights prevail. For EU/UK Consumers, the 14-day withdrawal right and related rules are set out in Sections 3.10 – 3.12. The version of the Terms in force when you submit your Order applies to that Order.

Orders are accepted only for destinations shown at checkout and remain subject to applicable safety, trade and sanctions laws (including restricted-party screening). Where required, pre-purchase hazard or other warnings are displayed with Product information on the Site or at checkout and must be reviewed by you before ordering.

We may unilaterally verify, limit, or cancel Orders (for example, to manage safety, compliance, or misrepresentation risks). If an obvious pricing or description error is identified, we may cancel the affected item or invite you to reconfirm at the correct price. If you decline, we will refund any amounts already paid by you for the unfulfilled Order.

Available payment methods are provided directly to customers during the ordering process and may vary by destination. We may issue secure payment links to complete transactions. Payments are processed subject to the terms, conditions, and fraud prevention measures of the applicable payment providers.

Product Delivery options and timeframes are shown at checkout. Returns, withdrawals and refunds are governed by the Refunds Policy and the statutory applicable law, if any. For U.S. orders, if we cannot ship within the promised timeframe (or 30 days, if none other is stated in the Order), we will seek your consent to a new date or promptly refund, as required by law.

1. Definitions and Interpretation

1. In these Terms, the following expressions have the meanings set out below:
   1. “Available Destinations” means delivery destinations shown as available at checkout from time to time.
   1. “Business Customer” means a customer that is not a Consumer under the applicable law.
   1. “Carrier” means the third-party logistics provider or postal operator engaged to transport the Product.
   1. “Company”, “we”, “us”, “our” means the seller identified on the Site and in the Order Confirmation.
   1. “Consumer” means a natural person acting wholly or mainly outside that person’s trade, business, craft or profession.
   1. “Contract” means the contract of sale formed between you and us upon issuance of the Order Confirmation, incorporating these Terms.
   1. “Cooling-off Period” means the period during which a Consumer may withdraw from a distance contract under the applicable law (typically 14 days from delivery of goods, as described in Sections 3.10 – 3.12 of these Terms).
   1. “Delivery” means the point at which the Products are delivered to the Delivery Address (including a carrier collection/access point you select) or to a person you designate to receive them.
   1. “Delivery Address” means the destination address specified by you at checkout and accepted by us (which may include a carrier collection/access point where permitted).
   1. “Mandatory Consumer Law” means consumer protection rules that cannot lawfully be excluded or limited in the consumer’s habitual residence.
   1. “Order” means your request to purchase Products submitted via the Site checkout.
   1. “Order Confirmation” means, where and insofar as the Site provides for such functionality, our email or a notice on the Site acknowledging our acceptance of your Order and confirming key details (items, price, taxes/charges, Delivery Address, and order number).
   1. “Products” means the amber jewellery, home décor elements and related accessories offered for sale on the Site.
   1. “Refunds Policy” means our Refunds & Returns Policy referenced in the preamble and posted on the Site, as updated from time to time.
   1. “Restricted Party” means any person or entity that is the subject of Sanctions Laws, appears on applicable restricted-party lists, or is owned or controlled by such a person or entity.
   1. “Sanctions Laws” means applicable trade, export-control and economic-sanctions laws and regulations, including those administered by the United Nations, European Union, United Kingdom and United States (e.g., OFAC), as amended.
   1. “Site” means our website and online store through which Products are offered and sold.
   1.  “Working Day” means a day other than a Saturday, Sunday or public holiday at our dispatch location.
   1. “You”, “Customer” means the person placing an order via the Site.
   1. In these Terms: (a) headings are for convenience only and do not affect meaning; (b) references to statutes or regulations include them as amended, re-enacted or replaced, and subordinate legislation; (c) the singular includes the plural and vice versa; (d) “including,” “include” and similar expressions are illustrative and do not limit the words they describe; (e) “person” includes a natural person, company or other body (corporate or unincorporate) and their successors and permitted assigns; (f) references to “we/us” include our lawful assignees; (g) references to Consumer rights (including withdrawal) apply only where you are a Consumer under applicable law.

• Eligibility and Use of Products

• You represent that you, and any person on whose behalf you purchase Product, are not a Restricted Party, are not owned or controlled by a Restricted Party, and are not located in or shipping to a comprehensively sanctioned jurisdiction. You must not purchase, resell, transfer, export, re-export or divert the Products or related technical data in breach of Sanctions Laws, including to any Restricted Party or for any prohibited end-use.

• Orders, Pricing and Payment

• Your Order is an offer to buy Products under these Terms. A Contract is formed, where and insofar as the Site provides for such functionality, only when we issue an Order Confirmation. Any terms on your purchase order or other document do not apply unless we agree to them in a document signed by us.
  • All Orders are subject to availability and any quantity or destination limits shown at checkout. We may unilaterally reasonably limit or cancel quantities in the Order, including but not limited to in order to manage safety, compliance or misrepresentation risks.
  • Prices are shown for the selected destination and currency. Unless stated otherwise at checkout, prices exclude taxes, duties, fees and delivery charges. Unless otherwise required by Mandatory Consumer Law, you are responsible for bank charges and currency-conversion costs. Unless otherwise required by Mandatory Consumer Law, for cross-border deliveries, you may be notified as the importer and responsible for import formalities and charges.
  • We use reasonable care to keep pricing and product information accurate. If an obvious pricing or description error is identified, we may cancel the affected item (Order) and refund amounts paid, or invite you to reconfirm at the correct price. If you decline, we will refund any amounts paid for unfulfilled item (Order). This does not affect your non-waivable consumer rights under Mandatory Consumer Law.
  • Payment is due when you confirm your Order and complete the payment process. By providing a payment method, you authorise us and our payment service providers to charge the total amount agreed for your Order. Payment methods may vary depending on the destination and order details. In many cases, we provide secure payment links to complete transactions. All transactions are subject to the applicable payment provider’s terms and verification procedures. We may use pre-authorisations, strong customer authentication, and anti-fraud screening, and reserve the right to decline, hold, or cancel any Order where verification fails or fraudulent or suspicious activity is suspected.
  • Promotional codes and similar offers are subject to the terms stated with the offer and on the Site. Unless stated otherwise, they are single-use, non-transferable, not redeemable for cash, may not be combined, and cannot be applied retrospectively. We may verify eligibility and limit redemptions to prevent abuse.
  • After an Order is submitted, your requested changes or cancellations are not guaranteed. We will try to help before dispatch. Where changes are not possible, we may need to cancel the item and ask you to place a new Order.
  • We may cancel an Order (in whole or in part) and refund amounts paid for unfulfilled items if we cannot fulfil it for reasons beyond our reasonable control, if we identify compliance, safety or sanctions concerns, if we suspect fraud or misuse, or where required by applicable law. Where required, we will notify you and provide a prompt refund to your original payment method.
  • We issue electronic invoices and you agree to receive them electronically. Invoices identify the seller entity, delivery destination and applicable taxes/charges. Please keep your Order Confirmation and invoice for your records.
  • IF YOU ARE A CONSUMER IN THE EU/UK, YOU HAVE A RIGHT TO WITHDRAW FROM YOUR CONTRACT WITHIN 14 DAYS WITHOUT GIVING ANY REASON (COOLING-OFF PERIOD). THE PERIOD ENDS 14 DAYS AFTER THE DAY YOU (OR A PERSON YOU NOMINATE) RECEIVE THE GOODS. TO EXERCISE THE RIGHT, SEND A CLEAR STATEMENT TO INFO@ORVYNELEMENTS.COM QUOTING YOUR ORDER NUMBER. YOU MAY USE ANY WORDING. YOU MAY ALSO USE: “I/WE HEREBY WITHDRAW FROM MY/OUR CONTRACT OF SALE OF THE FOLLOWING GOODS: […] . ORDERED ON/RECEIVED ON: […] . NAME: […] . ADDRESS: […] . DATE: […] . ORDER NO.: […].
  • If you withdraw, we will reimburse all payments received for the item(s), including standard outbound delivery charges (if any), without undue delay and no later than 14 days from the day we are informed of your decision to withdraw. We may withhold reimbursement until we receive the goods back or you supply evidence of having sent them back, whichever is earlier. We will refund using the same payment method you used. You must send back the goods no later than 14 days from the day you communicate withdrawal. You will bear the direct cost of returning the goods, except where we agree otherwise or where the goods lack conformity. We may deduct an amount for any diminished value resulting from handling beyond what is necessary to establish the goods’ nature, characteristics and functioning.
  • The right of withdrawal does not apply to goods made to your specifications or clearly personalised. Where an exception applies, this will be stated on the Product page or at checkout. Statutory remedies for lack of conformity are not affected.

• Delivery, Title and Risk

• We deliver only to Available Destinations shown at checkout. We may refuse or cancel an Order to an unsupported or restricted destination and will refund any amounts paid for items we do not ship. Where allowed, you may choose a carrier collection/access point and must collect within the carrier’s stated window.
  • Delivery occurs when the Products are delivered to the Delivery Address (including a collection/access point you select) or to a person you designate to receive them. We may ship items in more than one consignment. Risk of loss or damage passes on Delivery, however, for EU/UK Consumers, risk passes only when the goods are in your physical possession (or that of a person you nominate). We and our carriers may require an adult signature and ID on delivery.
  • Title to the Products passes to you on Delivery. Title to any replacement items passes on delivery of the replacement. If we refund an item, title to that item reverts to us when the refund is issued.
  • Any delivery dates shown are estimates. We are not liable for delay caused by events beyond our reasonable control, regulatory holds, customs processes, carrier constraints or incomplete/incorrect information provided by you, without prejudice to your non-waivable consumer rights. Where required by EU/UK law, if we fail to deliver within the agreed time you may require delivery within an additional reasonable period. If we still do not deliver within that period, you may cancel the affected item for a refund. If time was essential or we have refused to deliver, you may cancel immediately.
  • Please inspect the Products on delivery and tell us about any shortage, wrong item or transport damage within 48 hours, providing reasonable details (for example, photos and carrier references). This helps us resolve issues quickly and does not limit any statutory rights. For Consumers, failing to notify within 48 hours does not itself extinguish legal remedies for lack of conformity.
  • If delivery cannot be completed for reasons within your control (including an incorrect address, refusal, or failure to collect or accept), we may charge reasonable reshipment, storage or return costs. We may cancel the Order and refund the price less direct costs where permitted by law. For Consumers, any deductions will comply with Mandatory Consumer Law and will not be disproportionate.
  • For cross-border shipments, you may be the importer of record and responsible for customs clearance, import declarations and duties/taxes. You agree not to request or cause false, misleading or incomplete customs declarations, to provide information and identifiers reasonably required for clearance, and to authorise the carrier or customs broker to act on your behalf where applicable.

• Product Information, Specification and Safety
  • Product descriptions, photographs and other information on the Site are provided for general guidance only. As many Products contain natural amber and handcrafted elements, slight variations in colour, shape, size, texture, inclusions and finish may occur between items. Packaging may also vary from time to time.
  • Unless expressly stated otherwise, our Products are made from amber and non-precious-metal materials. Product materials, dimensions and features are described as accurately as reasonably possible; however, minor differences may occur due to screen settings, photography and the natural characteristics of amber.
  • Amber is a natural material and may contain natural markings, inclusions, surface variations or internal features. These characteristics are not defects and form part of the unique appearance of each Product.
  • You are responsible for following any care instructions provided with the Product. We are not responsible for damage, discoloration, breakage or deterioration resulting from improper use, impact, exposure to chemicals, water, perfumes, cosmetics, excessive heat, sunlight, or improper storage after delivery. This does not affect any mandatory consumer rights applicable under law.
  • We may substitute equivalent packaging sizes or suppliers where the stated specification is met. If a material change would affect core specification, we will notify you and you may cancel the affected item for a refund before dispatch.
  • Please notify us promptly in writing if you believe a Product is damaged, incorrect, defective or not as described, and provide reasonable supporting information such as photographs and order details so we can investigate the issue.
  • Products may be subject to export controls, sanctions, customs and other regulatory requirements. You agree to comply with all applicable laws and to provide information reasonably required for compliance and clearance.

• Warranties and Liability

• We warrant that, on delivery, the Products will materially conform to their description on the Site and be free from material defects in workmanship. Due to the natural characteristics of amber and the handmade nature of certain Products, minor variations in colour, shape, texture, size, inclusions and finish are not considered defects. If a Product does not conform, then (a) if you are a Business Customer, your sole remedy is (at our option) repair, replacement or a refund of the price paid for the affected item; and (b) if you are a Consumer, we will provide remedies in line with Mandatory Consumer Law (which may include repair or replacement, or a price reduction/refund). Please notify us within a reasonable time after discovery and cooperate with our investigation. For EU/UK Consumers, statutory legal-guarantee rights on conformity apply in addition to any contractual remedies.
  • This warranty does not apply where any defect, damage or non-conformity results from improper use, accidents, misuse, neglect, normal wear and tear, improper storage, exposure to water, chemicals, perfumes, cosmetics, excessive heat or sunlight, unauthorised repairs or modifications, or failure to follow any care instructions provided by us. We are also not responsible for damage caused by improper handling or use after delivery. Nothing in these Terms limits any mandatory consumer rights that cannot legally be excluded.
  • Except as expressly set out in these Terms, and to the maximum extent permitted by law, we give no other warranties (express or implied), including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Nothing here limits non-waivable rights of Consumers.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACTS, GOODWILL, REPUTATION OR ANTICIPATED SAVINGS; ANY LOSS OF DATA; OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR INABILITY TO USE THE PRODUCTS. WE ARE ALSO NOT RESPONSIBLE FOR DAMAGE, DEFECTS OR LOSSES RESULTING FROM IMPROPER USE, ACCIDENTS, NORMAL WEAR AND TEAR, FAILURE TO FOLLOW CARE INSTRUCTIONS, IMPROPER STORAGE, OR UNAUTHORISED MODIFICATION OR REPAIR OF THE PRODUCTS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE REQUIRED BY APPLICABLE LAW, THE ABOVE LIMITATIONS DO NOT APPLY TO WILFUL MISCONDUCT, GROSS NEGLIGENCE, OR BREACH OF MANDATORY CONSUMER RIGHTS. WHERE LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  • If you are not a Consumer, you agree to indemnify us against claims, losses, damages, fines, costs and expenses (including reasonable legal fees) arising from: (a) your breach of Section 2 (Eligibility and Use of Products) or of Sanctions Laws; or (b) your resale, onward transfer or diversion of the Products. This indemnity does not apply to the extent a claim is caused by our breach of these Terms or our negligence.
  • IF YOU ARE NOT A CONSUMER, ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH AN ORDER MUST BE COMMENCED WITHIN 6 MONTHS AFTER THE DATE OF DELIVERY, EXCEPT FOR CLAIMS BASED ON FRAUD, WILFUL MISCONDUCT OR NON-PAYMENT. IF A LONGER PERIOD IS REQUIRED BY LAW, THAT LONGER PERIOD APPLIES.
  • The exclusions, limitations and remedies in this Section apply only to the extent permitted by law and do not affect rights that cannot be excluded or limited, including Consumers’ statutory rights.

• Intellectual Property. Site Use

• The Site and its contents (including text, images, graphics, logos, product data, audio/video, software and code) are owned by us or our licensors and are protected by law. You may use the Site only for personal, lawful and non-commercial purposes, including browsing, evaluating and purchasing Products from us. You must not copy, reproduce, publish, distribute, modify, create derivative works from, scrape, or publicly display any content from the Site without our prior written consent, except where permitted by applicable law. Product photographs and images are provided for illustrative purposes only. Due to the natural characteristics of amber and handmade elements, slight variations may occur between the images shown on the Site and the Products received. No licence to our patents, copyrights or trademarks is granted by using the Site.
  • Our names, logos and trademarks may not be used without our prior written permission. Third-party names and marks on the Site remain the property of their owners.
  • You must not use robots or scrapers to access the Site; interfere with or bypass security or access controls; reverse engineer, decompile or disassemble Site software where such restriction is lawful; conduct security testing (including scanning, probing or penetration testing) without our prior written consent; frame, mirror or deep link in a way that misleads about source or affiliation; or remove, obscure or alter proprietary notices.
  • If you submit reviews, questions, feedback or other content, you grant us a worldwide, non-exclusive, transferable, sublicensable and royalty-free licence to use, reproduce, modify, publish, translate, create derivative works from, distribute and display that content in any media in connection with the Site and our business. You confirm you own or control the rights in such content; that it is accurate and lawful; that it does not infringe third-party rights or contain unsafe instructions or prohibited end-uses. We may moderate, edit or remove content at our discretion. You retain ownership of your content.
  • The Site may link to third-party websites or services. We do not control or endorse third-party content, terms or privacy practices, and your dealings with third parties are solely between you and them. Where a third-party component on the Site has its own licence terms, those terms govern your use of that component.
  • We may suspend or terminate access to the Site, remove content or take other reasonable measures if we believe these Terms have been breached or to protect security, safety or compliance. This is without prejudice to any other rights or remedies.

• Personal Data and Communications

• We handle personal data as described in our Privacy and Cookie Policy. The Company is the data controller for sales, support and marketing. Some partners (for example, payment providers and carriers) act as independent controllers for their activities – please see their notices. The Privacy and Cookie Policy explains purposes, legal bases, retention, your rights and how to contact us.
  • We use trusted service providers (for example, payment processors, IT hosts and logistics partners) to perform the Contract. This may involve transfers of personal data outside your country. Where required, we put in place appropriate safeguards (for example, standard contractual clauses) as described in the Privacy and Cookie Policy.
  • We will send service messages about your Order (for example, confirmations, shipping updates, refunds and policy changes). We send marketing only where permitted by law and, where required, with your prior consent. You can withdraw consent or opt out at any time as explained in the Privacy and Cookie Policy.
  • We use cookies and similar technologies as set out in our Privacy and Cookie Policy. You can manage your choices through the tools on the Site. In the EEA/UK, we set non-essential cookies only with your prior consent, which you can withdraw at any time.
  • We may carry out reasonable checks (including identity, payment and compliance screening) to prevent fraud, manage sanctions/export risk and meet legal obligations. You agree to provide accurate information, If you do not, we may decline or cancel an Order.
  • You agree that contracts, notices and other communications may be provided electronically. Please keep your contact details up to date and retain copies of your Order Confirmation and invoices. Where we ask you to verify your email or phone, you agree to complete verification so we can send updates.

• Events Outside Our Control (Force Majeure)

• We are not liable for any failure or delay to perform our obligations to the extent caused by events beyond our reasonable control, including natural disasters, epidemic or pandemic, war, terrorism, civil disorder, government action, sanctions or export-control measures, customs inspections or holds, regulatory seizures or recalls, labour disputes, carrier or utility failures, widespread internet or telecommunications outages, shortages of materials, or failure of third-party service providers.
  • If such an event occurs, our affected obligations are suspended for the duration of the event and the time for performance is extended for a period equal to the delay. We will use reasonable efforts to mitigate the impact and to notify you where practicable.
  • If performance is prevented or materially hindered for more than 30 days, either party may cancel the affected Order (or any unfulfilled items) by written notice. We will refund amounts paid for items not supplied. This Section applies without prejudice to any non-waivable Consumer rights.

1. Governing Law and Dispute Resolution

1. These Terms, each Contract and any non-contractual obligations arising from them are governed by the laws of Bulgaria, without prejudice to rights that cannot be excluded under Mandatory Consumer Law.
   1. If you are a Business Customer, you and we irrevocably submit to the exclusive jurisdiction of the courts of Bulgaria. If you are a Consumer, you may bring proceedings in the courts of your habitual residence and rely on any mandatory provisions of its law; nothing here removes those rights. Where required by law to effect consumer venue rights, we may also bring proceedings in your habitual-residence courts.
   1. Before starting court proceedings, each party will use reasonable efforts to resolve any dispute informally within 30 days after giving written notice of the dispute. This does not affect a Consumer’s ability to seek help from a consumer authority or to bring a claim at any time as permitted by law, and it does not pause or extend any statutory deadlines.

1. Changes to the Site and Terms
   1. We may update the Site, our product listings and these Terms. Changes take effect when posted and apply only to Orders placed after the effective date. The version in force when you submit your Order applies to that Order, except where a change is required by law to apply to existing Contracts.
   1. We may update ancillary policies (including the Privacy and Cookie Policy and Refunds Policy). The updated policy applies from posting, without prejudice to any non-waivable Consumer rights.
   1. We may correct errors or omissions on the Site (for example, pricing, availability or specification) and may modify or withdraw Products or Site features. If a correction or change materially affects an existing Order, we will ask you to reconfirm or we will cancel the affected item and refund any amounts paid for unfulfilled items.
   1. We are not obliged to continue offering any particular Product, model, product size, promotion or Site feature for any period of time.

1. General

1. You may not assign, transfer or novate any Contract (in whole or in part) without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or a successor (for example, in a reorganisation or asset sale). Any assignment will not reduce non waivable Consumer rights.
   1. If any part of these Terms is invalid or unenforceable, the remainder stays in force. The invalid part will be modified only to the minimum extent needed to make it valid and enforceable, consistent with the parties’ intent and Mandatory Consumer Law.
   1. A failure or delay to exercise a right is not a waiver of that right. A waiver must be in writing and applies only to the specific situation stated.
   1. The parties are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. You have no authority to bind us.
   1. Except as expressly stated, no person other than you and us has any rights to enforce these Terms. This does not affect any rights that cannot be excluded by law.
   1. We may set off amounts you owe us against sums we owe you. This does not limit any non-waivable Consumer rights.
   1. Clauses that by their nature should survive (including Sections 2, 4.3 – 4.7, 5, 6, 7, 8, 9, 10, 11 and this Section 12) continue after a Contract end.
   1. These Terms are drafted in English. Translations (if any) are for convenience. Where permitted by law, the English version prevails if there is a conflict.
   1. Formal notices under these Terms must be sent by email (info@orvynelements.com) and are treated as received when delivered (and no automated failure notice is returned), or on the next Working Day if sent outside business hours at our dispatch location. Consumers may also send withdrawal notices to the addresses in Section 3.10. For customer support, please use the contact details on the Site.
   1. These Terms, together with the Order Confirmation and the Refunds Policy, form the entire agreement between you and us for the sale and use of the Products and replace any prior discussions on the same subject. Nothing here limits or excludes liability for fraud or fraudulent misrepresentation, and this clause does not exclude information we must provide by law.
   1. If there is a conflict between documents, the order of precedence is: (a) the Order Confirmation; (b) these Terms; (c) the Refunds Policy; (d) the Privacy and Cookie Policy; and (e) other content on the Site. Non-waivable Consumer rights prevail where they cannot lawfully be limited.