TERMs & conditions
TERMS OF SERVICE
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The following terms and conditions (the “Agreement”) govern all use of the pregnancynecklace.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by MBDdesign // Matthías Bernhöj Daðason, a private company incorporated under the laws of Iceland, (“Pregnancy Necklace ”) Pregnancy Necklace by MBDdesign makes customized necklaces (“Products”) directly to customers (“Customers”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Pregnancy Necklace. If you do not agree to this Agreement, do not use the Site.
1. Customers
1.1 The Customer certifies to Pregnancy Necklace that if Customer is an individual (i.e., not a corporation) the Customer is at least 18 years of age. The Customer also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
2. Responsibility of site customers and visitors
2.1 Pregnancy Necklace reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3. Personal data
3.1 Violation of any articles of this Agreement or other rules will prohibit Users to use of the Site.
3.2 Without limiting other remedies, we may limit, suspend or terminate our Service, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
4. Payments and fees
4.1 When you order a Product you will be charged then current fees, which we may change from time to time (such when we have sales or offer you discount of base product price). We may choose to temporarily change the fees for our Products.
4.2 By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
4.3 We may refuse to process 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 refusing or suspending any transaction after processing has begun.
4.4 The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Products. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered.
4.5 Payment of the total price plus delivery must be made in full before dispatch of your Products.
5. Sales tax & Custom
5.1 If the Customer is located outside of the territory of the European Union the Customer is responsible for paying sales tax (as applicable within each jurisdiction). Pregnancy Necklace will not be held responsible for any such sale tax. If the customer is located within the European Union sales tax is included within that price of the Product.
5.2 Customers outside or within the European Union may be subjected to pay custom duties (as applicable within each jurisdiction). Pregnancy Necklace will not be held responsible for any such duties.
6. Shipping, returns and right of withdrawal
6.1 From the moment your order is placed, you have up to 24 hours to change the order. We are not bound to make changes to your order if the changes are coming in later than that.
6.2 Pregnancy Necklace will review replacement of Products or refund requests within 14 days of placed order. If a Product is missing, damaged or subject to production error or defect, The Sonogram Necklace will replace the erroneous Product with a new Product. To issue a refund process based on the aforementioned reasons, contact pregnancynecklace@pregnancynecklace.com. Refund requests will be processed within five (5) working days. For the sake of clarity, Pregnancy Necklace is not responsible for situations when the Customer has provided incorrect information, such as wrong Customer name or address. In such cases, an extra payment will be applied.
6.3 Due to the individualization of the Product there is no right of withdrawal for the Product after placed order. Pregnancy Necklace will make exceptions to this if the production has not started (usually within 24 hours).
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7. Description of products
7.1 Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible.
7.2 We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price and packaging without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
7.3 We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the Product.
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8. Purchase of Products
8.1 Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Product on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.
8.2 Pregnancy Necklace shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses or wasted expenditure.
8.3 Orders are placed and received exclusively via the Site. Before ordering from us, it is the Customer’s responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.
8.4 All information asked on the checkout page must be filled in precisely and accurately. Pregnancy Necklace will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Pregnancy Necklace.
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9. Delivery
9.1 Pregnancy Necklace deliver to Users/Customers to most places in the world. Pregnancy Necklace offers Free shipping worldwide shipping on all orders.
9.2 Pregnancy Necklace cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. The delivery times listed on the website is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.
Ownership of the Products will only pass to Customers when we receive full payment of all sums due in respect of the Products, including delivery charges.
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10. Release
10.1 You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Pregnancy Necklace has no control over and does not guarantee the delivery of the advertised collaborations and that Pregnancy Necklace shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
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11. Personal data and cookies
11.1 By approving the Agreement the Customer accepts the use of cookies on the Site. Furthermore the Customer accepts that Pregnancy Necklace will store and use relevant personal data about the Customer in order to deliver the Product.
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12. Indemnity
12.1 You will indemnify and hold Pregnancy Necklace (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
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13. Law and Jurisdiction.
13.1 If a dispute arises between you and Pregnancy Necklace, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
13.2 Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Iceland.
13.3 Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Iceland.
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14. General
14.1 No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
14.2 You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
14.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Privacy Policy
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We strive to improve the services we provide, and we do that by analyzing how you use our website and products.
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We are committed to only store what is necessary as part of pursuing our legitimate interest to maintain and develop our businesses. We are also committed to not storing anything longer than necessary or legally permitted.
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We are dedicated to protect all collected data as if it was our own. We strive to keep the highest compliance and keep up with the highest security standards. We will never sell, lease or grant access to your data to anyone else but partners affiliated with our business.
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You have the right to know what personal data we hold about you. You have the right to update incomplete, incorrect, unnecessary or outdated personal data, as well as request the deletion of any personal data.
Pregnancy Necklace (MBDdesign) (also referred to as “we”, “us” and “Pregnancy Necklace”) in this Policy are committed to protect and care for the data of our users and customers. We strive to comply with the highest standards in data protection and privacy. We also enforce all the applicable necessary laws and restrictions.
Using our website, service and/or buying our products constitutes your acceptance of our Policy. Should you not agree with this, do not use any of our products or service.
This policy applies to all data that Pregnancy Necklace processes during the provision of our services.
Cookies:
Like most websites on the web we utilize “cookies”. A cookie is a small file that is stored on your computer (by your browser) and store text based values. The information stored in those files is used to be able to provide a good persisting customer experience i.e. not showing “welcome”-messages the first time you use the website, storing the products in your cart, your choices of language or currency. The allowed life time of this file is set depending on the purpose. You can prevent the usage of cookies by disabling the feature in your browser.
Our website is still usable without the use of cookies but it will have a negative effect on the user experience.
Automatic collection of data:
When using this website we collect information regarding the usage of our services with the purpose of creating a good over all user experience and providing relevant information in marketing. The information is stored in an anonymized state meaning that it is not tied to any personal information.
Example of what is being stored:
– Information regarding your browser, and type of device.
– What location you are using our services from.
– How you interact with our services, and what content you see, and when.
– Information regarding your internet service provider.
The purpose of collecting such information:
The purpose of this is to provide us with real life usage statistics to improve content, security and the over all experience as an existing or potential customer to us.
It is good to know that it is technically possible to use an IP address to identify an individual, but this is limited only to governments and law enforcements.
Data shared with Third parties:
We will never sell, lease or rent data and may only disclose anonymized data to third parties in the circumstances stated below with the purpose to pursue our legitimate interest to maintain and develop our businesses.
Google (Analytics and Tag manager):
Google will on our behalf store and process anonymized data regarding your usage of our services. The nature of the data includes, but is not limited to, what pages you have visited, where you use our services from, and what device you are using.
You may at any time withdraw your consent (opt-out) and prevent data from your usage being stored by installing the browser plugins provided by Google for this sole purpose.
Google may store this information on servers located outside of the European Union. Google is thereby certified and compliant with everything required under “EU-US Privacy Shield” and achieves highly sufficient security for handling and storing data of this type.
Facebook:
We use facebook for “Behaviour, and targeted marketing” as part of pursuing our legitimate interest to maintain and develop our businesses. Facebook will on our behalf via a tracking pixel collect information regarding your usage of our services.
You may at any time withdraw your consent (opt-out) and prevent data from your usage being stored by changing your preferences on your profile provided by Facebook for this purpose.
Facebook may store this information on servers located outside of the European Union. Facebook is thereby required to be certified and compliant with everything required under “EU-US Privacy Shield” and achieves highly sufficient security for handling and storing data of this type.
Manually provided personal data:
When you make a purchase, request information, or otherwise interact with us, we may ask for information to be able to fulfill your request. Pregnancy Necklace processes personal data to perform our contractual obligations and to comply with legal obligations. Furthermore, we process personal data to pursue our legitimate interest to maintain and develop our businesses.
The agent/representative for the use and handling of personal data is the “Legal person/entity” that is Pregnancy Necklace, Owner Matthías Bernhöj Daðason no. 170691-2889, Hamravík 16, 112 Rvk, Iceland.
Example of what we may ask for:
– Your Name.
– Your email address.
– Your street address, and phone number.
– Photo used for personalization of jewelry.
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Data processing for payments:
An essential part of the services provided by us is being able to purchase our goods and services. We do this using partners that we have rigorously evaluated in terms of security and compliance.
Pregnancy Necklace do never store or process information such as, but not limited to, credit card numbers or bank accounts. Any such information entered on our website or as a part of our services is only processed by the payment gateway.
Legitimate grounds for processing personal data:
– Providing products and services – We may use your personal data to provide you with our Services and to ship and deliver products you have requested or ordered, to process your requests or as otherwise may be necessary to perform the contract between you and us, to ensure the functionality and security of our services and correct delivery, to identify you as well as to prevent and investigate fraud and other misuses.
– Communication – We may use your personal data to communicate with you, for example to inform you that our Services have changed or to send you critical alerts and other such notices relating to our Services and Products and to contact you for any sales related purposes.
– Marketing – advertising and making recommendations: With your consent, or when otherwise allowed, we may contact you to inform you of new Products, Services or promotions we may offer and to conduct market research. We may also use your personal data to personalise our offering and to provide you with more relevant Services and to display customized content and advertising in our Services. This may also include displaying third party content.
Sharing personal data:
We will never sell, lease or rent your personal data and may only disclose your personal data to third parties in the circumstances stated below.
– Companies in Pregnancy Necklace's corporate structure.
We may share your personal data with other Pregnancy Necklace third parties who process personal data on behalf of us, but only for the purposes described in this Policy and while the party are performing services for Pregnancy Necklace and/or MBDdesign.
– Mandatory disclosures.
We may access, disclose and preserve your personal data, when we have a good faith belief that doing so is necessary to: (1) comply with applicable law or respond to valid legal process from competent authorities, including from law enforcement or other government agencies; (2) protect our customers, (e.g. from spam or fraud and/or preventing serious injury or loss of life); (3) operate and maintain the security of our Services, including to prevent or stop an attack on our computer systems or networks; or (4) protect the rights or property of Pregnancy Necklace, including enforcing the terms governing the use of the Services, possibly in cooperation with law enforcement agencies.
– Your consent and social sharing services.
We may share your personal data if we have your consent to do so or you have specifically requested this.
Individuals right to erasure of personal data:
Upon request individuals have the right, under the General Data Protection Regulation (GDPR) “to be forgotten”. This right is to be exercised if you wish to have all information not required by other applicable laws or regulations removed. Examples of such information includes, but is not limited to data regarding financial transactions and order information.
Upon such requests we will within in reasonable time and manner remove applicable information.
Individuals right to access personal data and portability
Upon request individuals have the right to request all records of personal data we currently store in a commonly used and machine-readable format.
Individuals right to rectification of personal data
Upon request individuals have the right to submit corrections when applicable within the information stored about them. If requested we will within reasonable time update records and correct them.
Data Protection Officer and representative contact details
Contact our Data Protection Officer if you have questions regarding our policy or ways of conduct or individual requests.
Pregnancy Necklace // MBDdesign
Att: Matthías Bernhöj Daðason
Hamravík 16, 112 RVK, Iceland
Phone number: +354 8493693
Email address: pregnancynecklace@pregnancynecklace.com
Safeguarding Personal Data
We store and process Personal Data on third party service providers’ servers (“Data Hosting Providers”) that we have evaluated to have state of the art security measures and that complies with applicable laws and restrictions. We have strict internal policies and guidelines to address privacy and security matters, (proactive and reactive risk management, security and privacy engineering and assessments). We take appropriate steps to address the risk of data loss and other possible risks represented by the processing and the nature of the data being protected. Also, we limit the access to our databases containing personal data only to authorised persons having a justified need to access such information.
Storage Period:
We do not store personal data longer than is legally permitted and necessary for the purposes of providing our services. The storage period depends on the nature of the information and the purposes of processing. The maximum period may therefore vary per use.