Terms and Conditions

The website with the URL “www.melekgems.com” and/or mobile applications (hereinafter referred to as the Melek website and/or mobile applications) is the property of MELEK GEMS.

It is important that you read these terms and conditions of sale (hereinafter "Terms of Sale") before purchasing products through the Melek website and/or mobile applications. The purchase of products through the Melek website and/or mobile applications will be governed by these Terms of Sale. The order of any product implies acceptance of these Terms of Sale.

1. About these Conditions of Sale

These Conditions of Sale are applicable to all orders and purchases made through the Melek website and/or mobile applications. Melek may, at any time, modify these Conditions of Sale by publishing such modifications on the website and/or mobile applications so that they may be known to the user.

Unless otherwise required by law, the consumer's acceptance of the change is required, any changes to the Terms of Sale will apply on or after the date of publication of the revised Terms of Sale. We recommend that you check this page periodically to be aware of any changes, as they are binding on you.

As a user of the Melek website and/or mobile applications , you acknowledge that you have the legal capacity to bind yourself and contract our products and services. The Melek website and/or mobile applications are aimed at consumers and end recipients only, and any professional activity of reselling or distributing the products is prohibited.

2. Your account

In order to purchase products on the Melek website and/or mobile applications, the user must register. This registration is free of charge; it is enough to fill out the form included in the corresponding section or, during the purchase process itself, click on the corresponding acceptance button.

By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account unless they are made by an unauthorized third party who has gained access to your account through no fault of your own.

3. Place an order

To purchase products you must proceed as follows:

  • Read and accept the Conditions of Sale.
  • Provide your name and address, telephone number, email address, payment information and other information legally required to process your order.
  • Provide a valid delivery address.
  • Be the owner or authorized holder of a valid debit/credit card or PayPal account.

On the checkout page you will be able to review your shopping bag, read and accept these Terms of Sale, check the total price of the product(s) selected and the information you have provided, and correct any errors before confirming your order.

Please ensure that the delivery address provided is correct before placing your order, as it may not be possible to change the address after the order has been shipped.

4. Preparation and formalization of orders

Once you have placed your order(s) through the Melek website and/or mobile applications, we will send you an email confirming receipt of your order(s) (hereinafter, “Order Receipt Confirmation”) and listing the details of the product(s) ordered.

Melek may not always be able to honor your order. For example, there may be pricing errors, stock shortages, unusual orders, or orders that Melek suspects are not being made in good faith, among other reasons. Unexpected events outside of our control may also occur that prevent us from fulfilling your order.

If your order is not accepted, Melek will inform you by email and, if you have already made any payment, you will be refunded in full for the amounts paid to Melek for that order.

After receiving your order(s), Melek will check whether the relevant products are in stock. The contract for the sale of products between you and Melek, which will be governed by these Terms of Sale, will only be concluded when Melek sends you an email confirming that all or part of the products are available and have been shipped (hereinafter "Shipping Confirmation").

The contract is concluded when Melek sends you the shipping confirmation to the email address provided when placing the order. Please contact Melek's customer service team if you have not received the shipping confirmation within seventy-two (72) hours of placing the order.

The contract for the sale of products shall relate only to those products whose shipment has been confirmed in the Shipping Confirmation.

If you wish to modify or cancel your order before receiving the Dispatch Confirmation, you must contact Melek's customer service team as soon as possible using one of the methods set out in the Contact Details section. It may not be possible to modify or cancel your order, or prevent the goods from being sent, due to the speed with which we process orders. If Melek is unable to modify or cancel your order and the goods are sent to you, you have the option of refusing to accept delivery, in which case the goods will be returned to Melek, or accepting delivery and then returning the goods to Melek in accordance with the Returns and Exchanges section.

Once you have received the Dispatch Confirmation, it will be too late to stop the goods from being sent. If you wish to cancel your order after this, please see the Returns and Refunds section.

 

5. Prices, shipping and handling, taxes and other charges

The price charged for a product will be the price in effect at the time the order is placed and will be set out in the Order Receipt Confirmation and the Shipping Confirmation. All prices are payable in US dollars (USD).

In the event of a pricing error, whether on the Melek website, in an order confirmation or elsewhere, Melek will notify you of the correct price and give you the option to continue with the order or cancel it. If we are unable to contact you or receive no response from you, your order will be cancelled and any amounts you have paid to Melek for the products will be refunded to you. If you do not wish to continue with the order, your sole remedy in the event of a pricing error is to cancel it.

Product prices include VAT and/or other applicable taxes, but do not include shipping and handling charges. Shipping and handling charges will be clearly displayed on the screen before you complete your order and will be indicated again in your Order Receipt Confirmation.

Product prices and shipping and handling charges may change at any time, but changes will not normally affect orders for which we have already sent you a Dispatch Confirmation (except in the case of an obvious pricing error, as described above).

 

6. Payment

Payment will be made by one of the methods selected during the payment process (Visa, MasterCard, PayPal, Bank Deposit or Transfer, Yappy).

 

  • Credit Card or Payment Card

You can enter your payment details at the time of placing your order using a valid credit or debit card (Visa and MasterCard). Melek reserves the right to check the validity of the card, its credit status in relation to the value of the order and whether the buyer's address is correct. We may reject orders depending on the result of these checks. Please note that any applicable bank charges will be at your expense.

  • PayPal

When paying with PayPal, we reserve the right to check the validity of the PayPal account, that there are sufficient funds to cover the purchase amount and that the buyer's billing address details are correct. On the PayPal website you can complete payment for the price of the products and shipping costs, using your PayPal account according to the PayPal terms of use accepted by you at that time or previously. We reserve the right to reject any purchase.

  • Promotional Voucher/Discount

You can choose to pay with a voucher or promotional code by entering the code in the "promotional code" section during checkout. We will automatically deduct the amount corresponding to the voucher or promotional code from the total amount of your purchase. If the funds from the voucher or promotional code are not sufficient to pay the full amount of your purchase, you can choose any of the above payment methods to complete the process.

For most payment methods, payment for your order, including all applicable taxes, shipping and other charges, will be charged to the applicable card or payment service after Melek has sent you the Shipping Confirmation.

In the case of payment by credit or debit card, the card details sent when placing the order are protected and sent directly to the financial institution that manages the payments. Payment will be made directly on a secure server, with SSL encryption to ensure the absolute security of the transactions. We cannot access the credit or debit card details, nor can third parties do so, either at the time of placing the order or subsequently.

The information you provide to us under this section will be used exclusively to complete the sales process and refund procedures in the event of cancellation of your order in whole or in part, as required under these Conditions of Sale.

 

7. Delivery

For standard shipping, please allow three to five (3-5) days (excluding Saturdays, Sundays and holidays). If you place your order before 4:00 p.m. Monday through Friday, your order will be shipped the next business day.

For express shipping, allow up to two (2) business days for in-stock items.

The delivery options described above are the only shipping options available for sales through the Melek website. Melek will not accept any special delivery requests outside the scope of these two options.

If Melek is unable to deliver your order within the time specified in the Dispatch Confirmation, Melek will notify you as soon as possible, identifying the reasons for the delay. In this case, you may cancel your order and Melek will refund you in full. If you choose not to cancel your order, Melek will endeavour to deliver it to you within a reasonable timeframe within the stated timeframes and once the cause of the delay has been resolved.

If you unreasonably delay delivery or receipt of delivery after Melek has notified you that the carrier has attempted to deliver the ordered items to you, or if you have provided Melek with an incorrect delivery address resulting in a failed delivery, the package will be returned to Melek, your order will be cancelled, and a refund will be issued to you less shipping costs.

8. Events beyond Melek's control

Melek shall not be liable for any delay or failure to perform if such delay or failure is caused by any act, event, omission, accident or circumstance beyond its reasonable control, including, but not limited to, the following:

  • civil unrest, vandalism, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • strikes or lockouts (or other industrial actions);
  • national or local states of emergency;
  • interruption or failure of communications or means of transport;
  • power or utility outages;
  • earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
  • inability to use railways, shipping, aviation, motor transport or other means of public or private transport;
  • acts, decrees, legislation, regulations or restrictions of any government.

In such circumstances, Melek will inform you and take reasonable steps to minimise any delay. Melek's time for performance of its obligations will be deemed to be extended by the duration of any of the above. If Melek is unable to fulfil your order due to any circumstances beyond its control, or if there is a substantial delay in delivery, you may cancel your order and obtain a full refund.

 

9. Availability of products

Melek makes every effort to ensure the availability of the products you order through the website and/or mobile applications. However, products are purchased on a first-come, first-serve basis and are only available while supplies last.

 

10. Compatibility, product information

Please take care when placing your order and ensure that the products you purchase are compatible with your intended use. Please use the Melek website and/or mobile applications as a reference to check compatibility. In the event of a difference between the content of the Melek website and/or mobile applications and any other website (or any other source of information), the compatibility of the products as shown on the Melek website and/or mobile applications at the time of purchase shall prevail.

Images on the Melek website and/or mobile applications may vary depending on the image quality of your device. While we make every effort to reproduce product images as accurately as possible, these images are for illustrative purposes only and products may differ from those images, for example, in colour, size, design and texture. Product packaging may also differ from that shown in the images on the Melek website and/or mobile applications.

If the products you have received do not correspond to those you ordered, or if your delivery is incomplete or has been damaged during transport, please contact Melek's customer service team for immediate assistance, either by email or telephone.

 

11. Ownership of the products

Ownership of the products will pass to you only when Melek has received full payment for the order, including all taxes, shipping costs and other charges. You assume responsibility for the products from the moment of delivery.

12. Returns and exchanges

The exchange can be made within 14 days after your purchase, starting the day after you receive your order.

Follow the steps below to learn how to change your order:

1. Packaging - Pack the items you wish to return, in the original packaging (if possible). You can send a WhatsApp message or email to our customer service to coordinate the return method depending on the city where you are located (Home Delivery, Uno express, Ferguson or Freight).

2. Receive your exchange - Once we receive your returned package, we will process it and send you a notification by cell phone or email. Please note that this may take up to 20 days if we do not have the exchanged product in stock.

3. All products must be in exchangeable condition, unused, resalable and unscratched. To return products purchased during a promotional offer, you may also need to return the item you were given as part of the promotion or (if part of a multi-buy offer) the other items purchased in the multi-buy.

We inform you that said change will be carried out provided that the following conditions are met:

    • The products have not been handled in an inappropriate way that causes a reduction in their value; in this case, to reflect this reduction, we will deduct it from the refund amount (excluding shipping costs);
    • The original box of the products must also be returned without having been improperly manipulated.
    • All accessories, user manuals, etc. are returned and have not been mistreated; and
    • The products have not been used.

Except in the case where we have supplied you with a defective or incorrectly described product, we will not accept the return or exchange of a product that is damaged and/or shows signs of wear due to unnecessary and/or unacceptable handling. The only exception is the justified handling of the product that is necessary to establish the nature, characteristics and functioning of the product.

Melek will not proceed to change the amount until the merchandise is received.

  • Excluded products 

The Melek website does not accept returns or exchanges of: (i) any custom-made or personalized products.

13. Consumer guarantee

THIS WARRANTY GIVES YOU SPECIFIC RIGHTS. IT IS PROVIDED AS AN ADDITIONAL BENEFIT TO THE RIGHTS YOU ALSO HAVE UNDER LAW.

Products sold on the Melek website and/or mobile applications include a warranty for defective products for a period of 3 months from the original date of purchase.

This means that you can request a free replacement during this period if the products prove to be defective. Melek will replace the product with a product of identical or similar characteristics, except in the cases indicated below. Melek may, at its discretion, replace the product under this warranty, regardless of whether a repair of the original product is possible or not.

If the product cannot be replaced within a reasonable time or without inconvenience, you may request a discount on a new product of interest.

In the case of gifts, please retain the Order Confirmation or give it to the gift recipient, as the original proof of purchase is required to be eligible for warranty. If the Order Confirmation is not available, a bank statement showing the relevant transaction will suffice. This does not affect your rights as a consumer.

This warranty does not cover normal wear and tear or damage caused by accident, misuse or improper use (e.g. bumps, dents, crushing, etc.).

Repairs (or attempted repairs) of products not performed by Melek will void this warranty, regardless of whether the damage was caused by such repair or attempted repair.

If Melek replaces your product under this warranty, the new item will benefit from a new warranty of the same term (calculated from the date of delivery of the replacement product).

 

14. Responsibility

Melek guarantees that any product purchased from the Melek website and/or mobile applications is of satisfactory quality and suitable for all purposes for which products of the same type are normally supplied.

15. Transfer of rights and obligations to another person or organization

These Terms of Sale are binding on both you and Melek. They will also be binding on any person or organisation to which Melek may transfer its rights and obligations.

You may not transfer or otherwise assign your contract with Melek.

16. Contact information

Melek's customer service team will assist you with any questions or complaints regarding orders on the Melek website and/or mobile applications. You can contact Melek's customer service team via the following means:

  • Via the contact form on Melek's website.
  • Calling the phone - Spanish +507.6444.9802 / English +43-677-61790169 (depending on customer service hours).
    • Customer Service Hours:
      • Monday to Friday: 9:00 am - 5 pm
      • Saturdays: 9:00 am - 2 pm
      • Sundays: Closed
  • By email to: info@melekgems.com

Last updated July 30, 2023.