Terms and conditions

MARBLE HIVE’s (“MARBLE HIVE” “MH” “we” “us”) website (our “Site”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Site (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.marblehive.com.

MARBLE HIVE is a trading name of Creative Intuition SARL, a company registered in Switzerland. Our registered address is rue des Bains 35, 1205, Geneva, Switzerland. Our VAT number is CHE-373.886.324

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about MARBLE HIVE’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Registration

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address hello@marblehive.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify MARBLE HIVE immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to Purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet MARBLE HIVE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MARBLE HIVE, whose applications are acceptable to MH and who have authorized MH to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.

Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, MH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where MH feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. MARBLE HIVE offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to MARBLE HIVE.

MH will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at MH. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

MARBLE HIVE will store a record of your transactions for a minimum of one year.

Pricing Policy

Prices shown on the Site are in CHF, Swiss Francs. All the prices are inclusive of Swiss VAT. 

All prices and offers remain valid as advertised from time to time. The CHF price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Customers purchasing from a country that is not Switzerland, we recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in CHF, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and MARBLE HIVE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Geneva, Switzerland.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept 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 our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

We accept Visa, MasterCard, Paypal and Post Finance payments. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to MH, we will not be liable for any delay or non-delivery. In addition you can make your payments by direct bank transfer to the following account:14-912490-0, IBAN: CH83 0900 0000 1491 2490 0 (Postfinance) for more details please refer to our payment page. Please do not forget to include your order number, pay in CHF and make the payment on time (you have 3 days), otherwise your order will be cancelled). All the transaction fees are to be paid by a customer.  

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Post Finance, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered MH user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, MH uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative.

Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Insurance and Delivery

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MH, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

UPS/La Poste/or any other designated shipping provider that we use can deliver to certain destinations without collecting a signature.

Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that MH can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, UPS/La Poste/other shipping provider may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Please note that we aim to dispatch all orders within 48 hours. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. MARBLE HIVE is not responsible for any delays caused by destination customs clearance processes.

We will not be liable for delays caused by the unforeseen events.

Returns and Exchanges

CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.

Right to Cancel under the ICACRs

You have the right to cancel your order within 14 days without giving any reason.

The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.

To exercise the right to cancel, you must inform us by email to: hello@marblehive.com

For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than:(i) 14 days after the day we receive back from you any of the goods supplied; or (ii) (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.

We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest.

If we do not receive the goods back, we may arrange to have them collected from you at your cost.

You shall return cancelled orders to rue des Bains 35, 1205, Geneva, Switzerland without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

Our policy

Items should be returned unused and with all MARBLE HIVE and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

Where provided any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

Please email www.marblehive.com if any of your purchases have been delivered without MARBLE HIVE tags.

All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns will be returned to the sender.

Beauty

Skincare, cosmetics and hair care must be returned unused, unopened, and in their original packaging otherwise we will not accept them. Please note, fragrance, nail polish and aerosols are final sale and may not be returned due to transport restrictions.

Swimwear

Swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns will not be accepted if this strip has been removed or if items are soiled, and will be sent back to the customer.

Faulty goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If your item is faulty when you receive it, you can return it for a refund. Simply request a return through your account and send the faulty goods back to us within 30 days of receiving your order.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on MARBLE HIVE. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your MARBLE HIVE account.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by MH and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. MARBLE HIVE tries to ensure that the information on this site is accurate and complete. MARBLE HIVE does not promise that MARBLE HIVE’s Content is accurate or error-free. MH does not promise that the functional aspects of the Site or MH’s Content will be error free or that this Site, MH Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of MARBLE HIVE and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

LIMITS ON OUR LIABILITY

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us MARBLE HIVE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and MARBLE HIVE as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of MARBLE HIVE, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance to the Swiss law.