Last updated: 20/09/2024

The present Terms of Sale (hereinafter “GCV”) define the terms and conditions of a distance sales contract via the Online Store located at www.celestiafinejewelry.com or via any physical Celestia point of sale, ephemeral or not:

BETWEEN

Anyone purchasing products through the website www.celestiafinejewelry.com or at any Celestia physical point of sale (hereinafter referred to as the “Customer”) is accessing products made available for purchase on the Website, which will be delivered to them (“Merchandise”).

AND

The company Celestia Group registered under number 207460583 and domiciled at the address Svoboda 41, Sofia,1220, Bulgaria (hereinafter the “ Seller ”).

Article 1 – Purpose and Scope

These General Conditions of Sale apply in the case of the distance sale of Products by the Seller via its online store located at the address www.celestiafinejewelry.com or via any Celestia physical point of sale (hereinafter the “ Store ”) to a Customer (hereinafter the “ Customer ”). These Terms of Sale define the reciprocal rights and obligations of the Seller and the Customer in the event of remote purchase of jewelry products for sale on the Seller's online store (hereinafter the “ Products ”) or in the event of purchase of jewelry products via any Celestia physical point of sale.

The Terms of Sale set out the rights and obligations of the Seller and the Customer (hereinafter commonly referred to as " Parties ") in the context of an order placed by the Customer via the Seller's online store, without prejudice to the application of the provisions of the Bulgarian Law specific to the Customer as a Consumer. By placing an order on the Seller's online store, the Customer acknowledges having read and accepted these Terms of Sale. The Terms of Sale in force at the time the order is placed by the Customer on the Online Store are deemed to be accepted without reservation by the Customer. If the Customer renounces acceptance of these Terms of Sale, the said order is deemed void.

The Seller reserves the right to modify or update these T&Cs, which is why the Seller imperatively recommends to its Customers the systematic rereading of the T&Cs before placing any order on the Online Store. The date of last update of these General Conditions appears at the top of this page in bold.

The General Conditions of Sale do not apply in cases where:

• The Customer places an order on the Online Store as a natural person or legal entity for professional purposes.

Article 2 – Order

To place an order via the Online Store, the Customer must follow the following steps:

1. Go to the Store at the address: www.celestiafinejewelry.com
2. Select the desired Products and options if applicable
3. Fill out payment and delivery information
4. Validate the order verification step indicating the price to pay and the delivery terms of the order
5. Follow payment instructions

Once the steps for placing the order have been finalized via the Online Store, the Customer will receive confirmation of the Seller's order being taken into account by e-mail. In the absence of confirmation of the order from the Seller, the distance sales contract is deemed void, and the Customer is assured that no sum of money will be taken from him for the payment of this order, or if payment has already taken place, the Customer is assured that the total amount paid for the order will be returned to his bank account.

Any order placed on the Seller's online store constitutes a distance sales contract between the Customer and Seller. The Parties are bound by a distance sales contract as understood by EU Laws from the moment the order is confirmed by the Customer after viewing the details and the final price of this order. These General Terms and Conditions apply to the sales contract between the Seller and the Customer. The Seller reserves the right to accept or refuse any order placed by a Customer. The Customer acknowledges being over 16 years old to place an order on the Online Store.

Article 3 – Products

1 – Description of the Products

The Seller undertakes to offer the most precise description and presentation possible of the essential characteristics of each Product displayed on the Online Store. The digital content made available to the Customer for the description of the Products such as photos, videos or any other form of graphic illustration of the Products is presented to the Customer for illustrative purposes and cannot bind the Seller on a contractual basis. The Customer is therefore required to refer to the written description of the Products in order to know the exact description of the Products displayed in the Online Store.

In the event of an error in the display or description of the Products, the Seller reserves the right to correct them at any time and will endeavor to notify the Customer to offer:

• or to renounce the purchase of the Product in question
• or to confirm your purchase in view of the modifications made to the description of the Product in question

If the Customer does not respond to the Seller within 7 days in the event of correction of a change in the description of a Product, the Customer is deemed to have renounced his purchase.

2 – Unavailability of Products

The Seller cannot be held responsible for the unavailability of a Product. The Seller reserves the right to withdraw a Product from the Online Store at any time. In the event that one of the Products ordered by the Customer becomes unavailable although the order has been confirmed by the Seller, the Seller undertakes to contact the Customer as soon as possible to offer:

• or the replacement of the unavailable product with a similar product at an identical replacement price.
• or the reimbursement of the unavailable product by the Seller to the Customer within thirty days.

3 – Personalized products at
the Customer’s request

Certain Products can be personalized with an engraving at the Customer's request at the time of ordering when the Customer clicks on the "I would like to have my jewelry engraved" option or by contacting us with the request at info@celestiafinejewelry.com.

Each request for personalization of Products by the Customer is final and cannot be changed once the order has been sent to the Seller. The Customer remains fully responsible for customization requests submitted to the Seller.

Article 4 – Price

The price of the Products is displayed on the online store with the description of each product and at the time of the order summary. The price displayed corresponds to the price of each Product, all taxes included and excluding delivery costs. Delivery costs are indicated at the time of the order summary and are included in the total price of the order. Delivery costs may vary depending on the type of delivery chosen.
The total price of each order is payable in euros (€).

The Customer is required to pay the price per Product displayed on the Online Store at the time of placing the order. However, the Seller reserves the right to modify the prices of the Products at any time.

Article 5 – Payment

Payment corresponds to the payment of the total amount, all taxes included, of the Products and delivery if this is chargeable. The different payment methods accepted on the Seller's Online Store appear at the time of the order payment summary. Bank transfers may be accepted as a means of payment on the Online Store when the Seller agrees in writing with the Customer. The Customer is required to pay the total amount of the order once it has been placed via the Online Store and in particular once the Customer's banking information has been collected for cases of payment by bank transfer.

Article 6 – Exchanges

1 – Exchanges accepted for certain Products

Exchanges are accepted by the Seller without reason within 14 days from the date of receipt of the order by the Customer, for the following Products:

Earrings (Diamond Studs + Diamond Extensions);

Necklaces;

Bracelets;

Rings, only for sizing requests.

An exchange of Product “earrings”, “necklace”, or “bracelet” means the return of the Product ordered by the Customer in exchange for another Product. As part of an exchange of Product "earrings", "necklace", or "bracelet", the Seller offers a voucher equivalent to the market value all taxes included of the Product(s) exchanged valid for 1 year on the Online Store from receipt of the exchanged Products, if the Products are returned in their original
condition with their certificate of authenticity issued by the Seller and in accordance with the conditions provided for in the last paragraph of Article 7
§1 of these General Terms and Conditions.

An exchange of a “ring” Product means the return of the Product ordered by the Customer in exchange for the same Product at 2 sizes larger or 2 sizes smaller maximum. Exchanges of “ring” Products are not accepted by the Seller if the Product requested for exchange is more than 2 sizes larger or 2 sizes smaller. The Customer is asked to refer to the size guide to find out whether a “ring” Product purchased is eligible for an exchange.

Personalized Products with an engraving at the Customer's request cannot be returned or exchanged by the Customer.

2 – Return or exchange instructions

In the event of a return or exchange request, the Customer must contact the Seller by e-mail at the address info@celestiafinejewelry.com.
The Seller will provide a shipping slip as well as the shipping instructions to follow for the exchange of the Products. The Customer undertakes to return the desired Products with their original packaging and their certificate of authenticity provided by the Seller, guaranteeing the proper transport and
safety of the Product. Shipping costs for returned Products and new Products are the responsibility of the Customer.

Article 7 – Returns for personalization

The Customer may return to the Seller Products which have not yet been personalized with an engraving in order to add a personalized engraving to the Product previously ordered by the Customer on the Online Store. To do this, the Customer must notify the Seller within a maximum of 1 year of the date on which the Customer placed his order on the Online Store.

In the event of a request to return Products for the addition of a personalized engraving, the Customer must contact the Seller by e-mail at the address info@celestiafinejewelry.com. The return of a Product by the Customer in order to add a personalized engraving is charged €40, all taxes included, to the Customer. The return of the Product to the Customer is the responsibility of the Seller.

However, Products which have been personalized engraved at the Customer's request cannot be returned or exchanged by the Customer. This is why the Seller recommends that the Customer does not add personalized engraving at the time of purchase if the Customer is not sure of the choice of model or size of the Product ordered.

Article 8 – Delivery

1 – Price

Delivery costs are offered by the Seller for orders delivered in the European Union. However, delivery costs are the responsibility of the Customer for orders delivered abroad outside the European Union.

For orders destined for a country outside the European Union, the Customer may be asked to pay additional customs fees not provided for at the time of payment of the order if applicable. Any payment of customs charges relating to the delivery of Products ordered by the Customer are the responsibility of the Customer.

2 – Deadlines

The delivery time for an order on the Online Store appears at the time of the order summary stage before proceeding with payment for the order. The Seller undertakes to ship the Customer's order once it is paid in full, the Seller has been notified, and the Products ordered by the Customer are prepared and manufactured, and this within a period of 4 to 6 weeks maximum.

The Seller undertakes to ensure delivery of the order within the deadlines set at the time of the order summary, however, this delivery time may be extended in the event of a problem with the supply of materials necessary for the manufacture of the Products, delay excessive by the Product manufacturing workshop, or delay by the carrier. If the delivery time indicated by the Seller when summarizing the order is exceeded, the Customer may request from the Seller a refund of the entire amount paid for his order. He must notify the Seller by email. Upon receipt of the cancellation notice, if the Products have not already been shipped, the Seller must reimburse the Customer within 14 days. Upon receipt of the cancellation notice, if the Products have already been shipped by the Seller, the Customer undertakes to return the Products shipped by the Seller and reimbursement will be made within 14 days from the date of receipt. date of receipt of the Products returned to the Seller. In this case, the costs of returning the Products to the Seller are the responsibility of the Seller.

3 – Conditions

Orders are delivered via DHL for packages shipped to the European Union. Delivery may be made by another carrier for express deliveries as well as for deliveries outside the European Union. The general conditions of the carrier handling the delivery of the order placed on the Online Store are applicable to delivery. If there is no receiver at the address chosen by the Customer for delivery, the carrier leaves a delivery notice notifying the receiver of the delivery attempt. Delivery is considered to have been made once the order is received at the address chosen by the Customer when placing the order.

Some orders may be shipped in installments, separating the Products for shipping. For orders requiring separate shipment of certain Products, the order is considered received once all Products have been received.

The Customer is required to check the condition of the package and the Products it contains. If the package is visibly damaged, the customer may refuse the package to the delivery person, the Customer must inform the carrier by mail with acknowledgment of receipt within three (3) days following receipt of the package and inform the Seller by attaching a copy of the letter sent to the carrier.

Article 9 – Right to cancel

1 - Right to cancel your order

You may cancel your Order within 12 hours of placing it by notifying Customer Service at info@celestiafinejewelry.com. If your order is already dispatched within this period of 12 hours, you will be advised not to accept the delivery and ask the courier to return it. It can take up to 10 (ten) working days for refunds to appear in your account. All outstanding refunds are transferred via the original payment method. We cannot transfer funds to an alternative bank account. Please note, that Once the refund has been made, it could take up to ten working days for the funds to appear back in your account. For more information regarding Cancellations and Refunds, please review our Shipping and Returns policy.

2 – Consumer “Cooling-Off” Cancellation Right – European Economic Area (EEA) Only

If you are a “Consumer” and a resident of a member state of the European Union or Iceland, Liechtenstein, or Norway (“EEA"), you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms of Sale.

The “cooling-off” cancellation period will expire 14 days after the day of delivery.

To exercise the right to cancel, you must inform Celestia of your decision to cancel your Order by a clear statement made by email at info@celestiafinejewelry.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

There is NO right to cancel Orders for goods made to your specifications or which are clearly personalized. Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact us to discuss your options.

If you do have the right to cancel, the following instructions apply:

If you duly cancel, you will be reimbursed the amounts received from you, including the Delivery Costs where you are charged (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

A deduction could be made from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by you beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Refund will be made within 14 days from receipt of your cancellation, but that can be delayed if the Merchandise was not received back or you failed to provide evidence that you have returned the Merchandise. Reimbursement will be made using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. Once the refund has been made, it can take up to 10 (ten) working days for refunds to appear in your account, or a longer period depending on your payment method’s own service terms.

You will bear the direct cost of returning the goods. Return deliveries are at your risk and we therefore advise you to take out adequate insurance to cover the cost of the goods in transit. For more information about making returns from your Order, visit our Shipping & Returns policy.

Article 10 – Guarantees

1 – Legal guarantee of
conformity

When purchasing Products via the Seller's online store, the Customer benefits from a legal guarantee of conformity. To act as a legal guarantee of conformity, the Customer, as a Consumer:

• benefits from a period of two years from the delivery of the property to take action;
• can choose between repairing or replacing the goods;

is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This deadline is extended to twenty-four months from March 18, 2016, except for second-hand goods.

To exercise his right to legal guarantee of conformity, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store with their certificate of authenticity issued by the Seller. To make a return as part of the exercise of the legal guarantee of conformity, the Customer must only contact the Online Store's customer service at the following email address: info@celestiafinejewelry.com, provided with proof of purchase of the Products with their certificate of
authenticity issued by the Seller. The Online Store's customer service will provide instructions to follow.

The legal guarantee of conformity applies independently of any manufacturer or commercial guarantee granted.

2 – Legal guarantee against hidden defects

The Customer, as a consumer, may decide to implement a guarantee against hidden defects in the item sold. In application of the legal guarantee against hidden defects, the Customer has a period of two years from the date of discovery of the defect to contact the Seller and notify him of the discovery of a defect. The defect corresponds to a defect in the Product such that it is unfit for the use for which it is normally intended.

The Customer can choose between resolution of the sale, either reimbursement including all taxes and delivery, or a reduction in the sale price.

To exercise his legal guarantee right against hidden defects, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store. To make a return as part of the exercise of the legal guarantee against hidden defects, the Customer must only contact the Online Store customer service at the following email address: info@celestiafinejewelry.com, provided with proof of purchase of the Products. The Online Store's customer service will provide instructions to follow.

3 – Exercise of the manufacturer’s warranty right

The Products sold on the Online Store by the Seller may be subject to a warranty issued by the manufacturer of these Products. If offered by the manufacturer, the warranty period for each Product is indicated in its description. Once the manufacturer's warranty period indicated in the Product description has expired, the return of the Product is no longer possible unless the Customer's right of withdrawal applies. To exercise his warranty right, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store.

The manufacturer's warranty on the Products does not apply to Products whose installation or assembly is carried out under the sole responsibility of the Customer. Installation and assembly under the sole responsibility of the Customer is necessary for cases where the Products are delivered in separate parts. In these cases of Products delivered in spare parts, assembly is carried out in light of the documents and recommendations provided by the Seller. In these cases, the Seller is not responsible for the installation, assembly or non-compliant use of the Product in relation to its description, the Seller's instructions and recommendations for the Product, or the standards in force.

To make a return as part of the exercise of a manufacturer's warranty, the Customer must only contact the Online Store's customer service at the following email address: info@celestiafinejewelry.com, provided with proof of purchase of the Products. The Online Store's customer service will provide instructions to follow.

Article 11 – Transfer of ownership

The Product(s) ordered by the Customer become the property of the Customer upon payment of the entire amount of the order, all taxes and delivery included.

Article 12 – Partial nullity

If one or more of the provisions of these Terms of Sale are deemed invalid in application of a standard in force or a final decision emanating from a competent court, the provisions not affected by this invalidation remain applicable in their entirety.

Article 13 – Applicable Law and Jurisdiction

These Terms of Sale are governed by the laws of Bulgaria, or other applicable laws in case such laws prevail Bulgarian laws. In the event of a dispute arising between the User and the Seller, the parties will favor an amicable resolution of the dispute.

You agree that any dispute between you and Celestia regarding these Terms will only be dealt with by the Bulgarian courts, provided that:

• If you live in a destination of the European Union, you can choose to bring legal proceedings in your country.

The European Commission offers a platform for online dispute resolution (ODR) which provides information about alternative dispute resolution which may be of interest. Please refer to http://ec.europa.eu/consumers/odr/.

• If you are an U.S. resident and the U.S. law/jurisdiction prevails you may be subject to the dispute resolution and agreement to arbitrate as follows herein below.

Except where and to the extent prohibited by law, by using the Service and access the Website, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Service or Website or the breach, enforcement, interpretation, or validity of these Terms of Service or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Both you and Celestia agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.  If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis in Bulgaria. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.  Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.  All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including any claim that all or any part of these Terms of Service are void or voidable.

Article 14 - Miscellaneous

Communications will be made electronically by sending email or otherwise posting electronically.

If any provision or provisions of these Terms of Sale shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

The headings used in these Terms of Sale are for information and not binding.

Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. We may transfer these Terms to a third party, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no right to enforce any term of these Terms except insofar as expressly stated otherwise.

Celestia Group Ltd. reserves the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Celestia Group Ltd. reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms of Sale, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Celestia Group Ltd.

The Checkout may contain links to third party websites or services that are not owned or controlled by Celestia Group Ltd. Celestia Group Ltd is not affiliated with, has no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third-party websites and any content that you may send or post to a third-party website; and (ii) expressly release Celestia Group Ltd. from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

Celestia Group Ltd. reserves the right to modify these Terms at any time by posting the changes on the checkout and on the Website. Such a change will take effect ten (10) days following the posting of the revised Terms, and your use of the Checkout after we have posted such changes means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.

These Terms constitute the entire agreement with respect to the subject matter of any Order. The contract in respect of any Orders may be officially concluded in the English or Bulgarian languages only and that no public filing requirements apply.

If you have any questions or complaints about these Terms of Sale or the Checkout, please contact us at info@celestiafinejewelry.com.