Terms & Conditions
1. THESE TERMS
1.1 These are the terms and conditions on which we supply our product and services to you. Our products and services are non bespoke jewellery as displayed in our website and bespoke jewellery designed by us for you.
1.2 Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide our product and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Rebecca Tritton trading as Rebecca Mundy Jewellery a sole trader established in England and Wales. our trading address is Second Floor Studios, 96 High Street, Sevenoaks, Kent, TN13 1LP.
2.2 Who are You. You are the person or legal entity whose details are on the order.
2.2 How to contact us. You can contact us by using the details set out in the order.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our contract with you consists of these terms and conditions and the order. The order sets out the specific services and products we will supply to you.
3.2 Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.3 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product and services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of our product and services.
3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Our website, catalogue and brochure are solely for the promotion of our product and services in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to an order for any bespoke jewellery please contact us. We will let you know in writing if the change is possible. If it is possible we will let you know about any changes to the price of the order, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change. If the change is not possible and the work has commenced of producing your order for bespoke jewellery, then the original order shall be fulfilled and full payment is still required.
5. OUR RIGHTS TO MAKE CHANGES
5.1 We may change the product and services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
5.2 If we need to make any significant changes to our product and services or your order then we shall advise you in writing advising you of the proposed changes and any impact of the price or timings, you shall confirm in writing if you accept the proposed changes, if you do not wish to accept the proposed changes then we shall provide you a full refund.
6. PROVIDING THE PRODUCT AND SERVICES
6.1 We will supply our product and services to you on the date set out in the order. For all bespoke jewellery orders the completion date stated in the order is an estimate only.
6.2 If our performance of our product and services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product and services you have paid for but not received.
6.3 The images of the non-bespoke jewellery on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated are approximate on our website.
6.4 The packaging of the jewellery order may vary from that shown in images on our website.
6.5 For bespoke jewellery orders we will need certain information from you so that we can provide the product and services to you, including but not limited to size, colours type of stones / gems and approval of any design work. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the product and services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.6 If we are making a bespoke jewellery order to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.
6.7 For bespoke jewellery orders you accept that any designs will need to be approved in writing by you. The designs will be sketches which once approved by you will be made into the bespoke jewellery order. You accept that variations may exist between the design and the completed jewellery order. Such variations will not provide you a right to a refund.
6.8 If we are making bespoke jewellery from your existing jewellery or materials supplied by you, we shall use our best endeavours to ensure that your existing jewellery or materials are not lost or damaged during the jewellery making process however unless the damage or loss is due to our negligence then we shall have no liability for such loss or damage and you should ensure your existing jewellery or materials are adequately insured. We shall have no liability for any loss or damage howsoever caused, even if caused by our negligence unless you have provided us full details of the value, with evidence if requested for each piece of existing jewellery and materials.
7 SUSPENDING THE PRODUCTS AND SERVICES
7.1 We may have to suspend our product and services to:
(a) deal with technical problems or make minor technical changes.
(b) update the product and services to reflect changes in relevant laws and regulatory requirements.
(c) make changes to the product and services as requested by you or notified by us to you.
7.2 We will contact you in advance to tell you we will be suspending the product and services, unless the problem is urgent or an emergency. If we have to suspend the product and services for longer than a 3-week period you have the right to terminate the contract in writing and we will refund any sums you have paid in advance for the product and services not provided to you.
7.3 If you do not pay us for the product and services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the product and services until you have paid us the outstanding amounts. As well as suspending the product and services we can also charge you interest on your overdue payments.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may contact us at any time to end the contract for the product and services related to non-bespoke jewellery orders, but in some circumstances we may charge you certain sums for doing so, as described below.
8.2 If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any product and services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the order or these terms which you do not agree to
(b) we have told you about an error in the price or description of the product and services you have ordered and you do not wish to proceed;
(c) there is a risk the product and services may be significantly delayed because of events outside our control.
(d) you have a legal right to end the contract because of something we have done wrong.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract at any time by writing to you if are in breach of this contract, and we shall have no liability to provide any refund to you.
10. IF THERE IS A PROBLEM WITH THE PRODUCT AND SERVICES
0.1 We pride ourselves on providing a professional service If you have any questions or in the unlikely event you have a complaint about the Product and services, please contact using the email address on the order and we will aim to find an amicable solution within 10 working days.
10.2 If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting). We will pay the costs of postage, please contact us for a free returns label. For any refunds to be issued on any products they must be undamaged, and in their original packaging. Refunds do not apply to any bespoke jewellery orders, this includes any rings which have been sized to your requirements. For the avoidance of doubt due to health and safety reasons refunds cannot be given on any earrings (which are bespoke or non bespoke).
10.3 We offer the following goodwill guarantee which is in addition to your legal rights and does not affect them. In the unlikely event there is any defect with our product and services we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within a 6 week time period. If we fail to remedy the defect by this deadline we will refund the price you have paid for the product and services.
11. PRICE AND PAYMENT
11.1 The price of the product and services will be the price set out in the order.
11.2 For all jewellery orders from our website you must make the full payment at the time of placing the order.
11.3 For all bespoke jewellery orders you shall make a non refundable deposit of 50% of the total price at the time of placing the order. We will invoice you for the balance of the price of the order when we have completed, orders cannot be collected without full payment being received. All payment and invoices must be paid by bank transfer to the account details stated on the order or the invoice.
11.4 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are only responsible for loss or damage you suffer that is a reasonably foreseeable and it a direct result of our negligence. Such liability whether in contract or tort shall be limited to the price paid for the Product and services, unless such event is covered by our public liability insurance and then our liability is limited to our insurance level.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence
12.3 We only supply the product and services for domestic and private use. If you use the product and services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website
14 INTELLECTUAL PROPERTY RIGHTS
14.1 All Intellectual Property Rights including copyright (IPR) in the Product and services including but not limited to all design work relating to bespoke jewellery orders and any documents or materials in whatever paper or electronic format shall at all times remain our property
14.2 Nothing in this contract shall permit you to copy, amend or use in any way whatsoever our IPR.
15. OTHER IMPORTANT TERMS
15.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms
15.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to deliver the product and services we can still require you to make the payment at a later date.
15.4 This Agreement constitutes the entire agreement between the parties and replaces all other terms and conditions, undertaking and agreements howsoever agreed. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law
15.5 In the unlikely event of a dispute then both parties agree to attempt to resolve the matter in accordance with this contract , if this process fails to find an amicable solution the both parties agree to submit the dispute to an independent mediation provider prior to engaging formal court proceeding .
15.6 This Contract shall be governed by English law and both parties consents to the exclusive jurisdiction of the English courts in all matters regarding it.