TERMS AND CONDITIONS

The Terms of Use and Privacy Policy of Memory Gem outlined below is applicable to all purchases. These policies are valid on www.memorygem.com.br, www.memorygem.ca and all subdomains and environments necessary for the correct functioning of the services offered (such as email/Whatsapp).

1. ABOUT OUR PRODUCTS

1.1. It is Memory Gem's responsibility to keep product descriptions as detailed and clear as possible, and keep communication channels open to clarify any inquiries and requests.

1.2 Memory Gem guarantees that the inclusions sent by the customer will be used (in part or whole as required) to make your piece, trying to be as faithful as possible to the design agreed upon by both parties.

1.3. Every piece is unique and handcrafted using customer-supplied inclusions. Therefore, each piece will be unique. Some characteristics of the products, such as color, brightness, thickness and weight, will vary. Some pieces may contain micro bubbles due to the composition of the resin.

1.4. Over the years, pieces may undergo minor changes in color and opacity due to wear and tear and the natural composition of the resin. A simple sanding repair to remove the damaged part and reapplication of resin will restore the piece in most cases. Memory Gem offers restorative services, the costs of which will vary situationally.

1.5. Memory Gem may remove and add any product from the site at any time without notice.

1.6. Memory Gem may send freebies to customers, or include freebies along with products sold (sometimes made with the remaining inclusions of the customer who submitted the inclusion, if allowed by the customer), as a method of brand promotion, offered without commercial value. Memory Gem has the right to stop supplying them, without prior notice, or change the promotional objects offered, under the terms mentioned above.

1.7. Memory Gem reserves the right to refuse service, cancel orders, terminate accounts, remove or edit content, at its sole discretion with due notice and explanation.

1.8. The customer can make purchases through our websites (www.memorygem.com.br and www.memorygem.ca), our official Instagram (@memory.gem) or through our Whatsapp ((647) 907-83811) and these terms and conditions apply to all the aforementioned means.

2. INCLUSIONS AND SHIPPING

2.1. The customer accepts that breast milk sent for making parts will be preserved using 2 natural and hypoallergenic ingredients, in small quantities, in order to preserve the piece for a longer time by preventing mold and yellowing.

2.2. Memory Gem will freeze and store any excess breast milk sent by a customer that was not used to make their piece in case that customer needs to use their warranty or wants another piece using the same milk in the future. The milk will be discarded after 1 year of storage.

2.3. Memory Gem will return any remaining inclusions (excluding breast milk and hair, unless requested) that are not used to make the item along with the final piece.

2.4. It is the customer’s responsibility to send inclusions, bearing shipping costs, within a maximum period of 30 calendar days after confirming their purchase, being aware that after this period Memory Gem may change the price of the piece and extend production time, depending on demand and other factors.

2.5. Exceeding the maximum period for sending the inclusions by the customer, there may be a readjustment of the value of the product purchased (as outlined in 2.4), which must be paid before the jewelry is made.

2.6. If the customer sends the inclusions after the 30-day deadline, and fails to pay any applicable price adjustment, inclusions will be returned - the customer being responsible for the return costs. Memory Gem stores inclusions for up to 1 year. If the customer fails to pay the additional costs or return costs within 1 year, the inclusion material will be discarded.

2.7. Detailed instructions for shipping inclusions are sent to all customers after purchase.

2.8. The customer accepts and agrees that it is their sole responsibility to send the material correctly to the address provided by Memory Gem.

2.9. Memory Gem is not responsible for any problems caused during the transport of materials by the post office, carriers, or third parties, such as delay in delivery, loss of goods, or damage.

3. PRICES AND PAYMENT METHODS

3.1. The prices of products displayed may change at any time. Prices listed are valid only at the time they are being displayed, and as long as the products are available. In case of divergence, the lowest announced value will prevail.

3.2. The customer can pay for purchases by credit card or etransfer. No other form of payment will be accepted other than those mentioned above.

3.3. Memory Gem is not responsible for any inconvenience caused by any payment service.

4. PRODUCT DELIVERY

4.1. Memory Gem uses third-party services to deliver the product, such as couriers and carriers. Memory Gem is not responsible for any problem caused during the transport of products by the post office, carriers, or third parties, such as delay in delivery, loss of goods, or damage.

4.2. The customer is responsible for paying for shipping, the cost of which is calculated automatically by the website, and made available at the time of purchase.

4.3. The customer is aware that delivery can be made directly to third parties, such as porters, employees, or relatives who share the same shipping address.

4.4. If the order is returned to Memory Gem's address due to the customer submitting incorrect shipping instructions or any other delivery mishap, the customer will be responsible for paying a new shipping fee for the product to be sent again.

4.5. The timeline for the production of products can vary from 20 to 45 days. Customers will be given a time estimate for their order upon confirmation of purchase.

5. WARRANTY

5.1. The warranty period for each piece is 120 days from the date of manufacture, against manufacturing defects, not covering damage resulting from misuse. To obtain the warranty, a prior analysis of the state of the piece will be carried out.

5.2. If a manufacturing defect is found, the product will be repaired or a new one will be made, at no cost to the customer. Otherwise, the piece will be returned to the customer, who will be responsible for the shipping costs.

5.3. For pieces made with breast milk, there is a 1-year warranty against yellowing and the appearance of mold. To obtain the warranty, a prior analysis of the state of the piece will be carried out. After 1 year, the client's breast milk will be discarded (unless requested by the client).

5.4. Memory Gem freezes a portion of customers’ breast milk upon receiving the inclusion in order to comply with the warranty. If the customer has not sent the minimum volume of milk (10ml per piece), it will be their responsibility to send more breast milk in the event it is required to fulfill the warranty.

6. CANCELLATIONS AND REFUNDS

6.1. The customer has a period of 7 calendar days from the date of payment to request the total cancellation of the order, with the amount paid being refunded immediately and in full.

6.2. If cancellation is requested after 7 days from the date of purchase, provided production of the product ordered has not begun, a fee of 15% of the purchase price will be charged. The remainder will be refunded within 5 working days of the request.

6.3. If the customer requests cancellation after the product has started to be produced, or after 120 days from the date of purchase, no refund will be carried out.

7. INFORMATION COLLECTION

7.1. Registration information provided by customers on Memory Gem websites can be used to answer questions, criticisms and suggestions, as well as facilitate future purchases. The customer can choose not to provide certain information requested when registering.

7.2. Regarding information provided by email or WhatsApp: if the customer does not wish to receive emails or WhatsApp messages, simply request to unsubscribe using the same means of communication.

7.3. Regarding automated information: Memory Gem websites use cookies to improve the user experience, thus providing personalized content and features. When browsing our sites, the user authorizes Memory Gem to collect such information and use it for these purposes, and may disable cookies through their browser if desired.

8. ACCESS TO OUR WEBSITES AND USER ACCOUNTS

8.1. It is the user's responsibility not to share their account or password and restrict access to their computer/device, as well as all activities that occur under their account or password.

9. INFORMATION SHARING

Memory Gem may share user/customer information in the situations described below:

9.1. Third party service providers - when hiring companies and/or individuals to perform functions such as mail delivery, email delivery, data analysis, marketing assistance, search results and links (including paid listings and links), credit card payment processing, and customer service, these third parties may have access to personal information necessary to carry out their functions.

10. COPYRIGHT

10.1. All content included or made available on our websites (such as text, graphics, logos, icons, images, videos, etc.) is the exclusive property of Memory Gem or its content provider and is protected by copyright.

11. REVIEWS, COMMENTS, CORRESPONDENCE AND OTHER CONTENT

11.1. Visitors, users and customers may submit information, communications, suggestions, ideas, comments and questions as long as the content is not illegal, obscene, threatening, defamatory, invades privacy, infringes copyright or intellectual property, or is otherwise harmful to third parties.

11.2. The user/customer may not use a false email address, pretend to be another natural or legal person, or in any other way provide false information about the origin of content.

11.3. By submitting content or materials (ex: posts of our products shared on social media), the user/customer grants Memory Gem a non-exclusive, free, right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display this content in all countries of the world, in any medium (including, but not limited to, pages displayed on the world wide web or similar networks, accessible by computers, cell phones, tablets, ebooks, or other electronic devices).

12. POLICIES MODIFICATION AND INDEPENDENCE OF SITE PROVISIONS

12.1. .Memory Gem reserves the right to make changes to its websites, Privacy Policy and Terms of Service at any time, always including the date of the last modification.

Last update

March 3rd, 2023