TERMS & CONDITIONS

Terms and Conditions for Use and Sales

1. Introduction

1.1 These terms & conditions set out the terms between you the customer and us the website owner.

1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full. 

1.3 You should not use this website if you do not accept these terms & conditions in full.

2. Customer Information

2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment. 

2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are not given to children under 6 years of age. Small items may present a choking hazard.

2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

3. Privacy

We take your privacy seriously. We are registered under and comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

4. Product Pricing, Title and Responsibility 

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.

4.2 All prices are clearly displayed, excluding shipping, p&p, delivery costs. These are added before final payment at checkout. We reserve the right to alter all product pricing without notice.

4.2.1 All prices are shown in Uk pounds sterling. We only accept full payment in this currency.

4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped and received by you.

4.4  We are responsible for any loss or damage to any products until you receive them.

5. Your Order

5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.

5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.

5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. 

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6. Shipping and Customs Duty

6.1 All orders received by us are shipped subject to availability.

6.2  ORDER TIMELINE :  Our company handcrafts all products.Products listed on the ‘shop’ page of the website are available to buy unless otherwise shown as ‘sold’ and will be shipped within 5 -7 business days.

6.2.1  Often, orders process faster than this but we can’t guarantee a faster processing time.

6.3 Should an error occur, we reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.

6.4 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.

6.5 During busy seasonal periods, or for special dates/occasions, we advise ordering as far in advance as possible to avoid disappointment and assist with items reaching you in time for your specific event

6.6 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

6.7  SHIPPING COSTS  We deliver all our items via Royal Mail, 2nd class, signed for which Royal Mail say to allow  3 days for delivery. Unfortunately,we are unable to send Internationally. All shipping costs are calculated automatically during checkout

6.8  We offer free shipping within the UK only, on all orders over £75.

6.9  If you require your order urgently, we can offer an Express delivery service. *Please call [0781 6933717] to check stock and availability/cost of the express service  before completing your order/checkout. Once confirmed, the Express Service can be organised

6.10  Postage & Packing : We use simple but sturdy protective packaging that we believe has the least environmental impact. We avoid the use of plastic and use shredded junk mail to protect your goods in transit. Jewellery items are wrapped in tissue and enclosed within a brown kraft card sleeve tied with ribbon or kraft string.

7. Cancellation Rights, Returns and Refunds

Cancellation of order:

7.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing via email within 14 working days from the day after you receive your goods. After notifying us you then have a further 14 working days in which to actually return the goods to us.

7.1.1  If you decide to cancel your order after ordering and despatch, you will be required to send the item back to us within 14 days, in perfect, untouched,unworn condition.All return p&p costs & insurances will be covered by you.

7.2 As stated above notification of cancellation must be in writing by email. We will acknowledge receipt of your cancellation request. Please note – a telephone call is not a valid cancellation.

7.3 No right of cancellation, refund or return exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason. 

7.4 No right of cancellation exists for personalised/bespoke/customised goods or goods where there may be hygiene issues (ie.earrings, necklaces) unless the product arrives defective.

7.4.1  Additional non-returnable items: 1.Gift cards. 2. Any necklace type where the incorrect length has been ordered.

7.5   Damaged/Defective Goods – Returns Policy & Refunds :  Please observe the following procedure for all returns to us:

7.5.1 All Goods can only be returned if they are damaged or defective upon arrival. We require immediate notification ( via email on our contact page) within 24 hours of delivery should your item arrive damaged, please include your order number, state the defect(s) with photographic evidence and the reason for the return. We can then advise our ‘returns address.’

7.5.2 If you are returning your product because it is defective, please state the defect or defects with photographic evidence within 24hrs of receipt.

7.5.3 Repackage the product securely in its original packaging, include all other contents that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state. Original p&p costs are non-refundable.

7.6If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us. Emma Burton Designs is not responsible for undelivered,  undeliverable or damaged returned items. Any such loss or damage to returned items will need to be claimed directly by you from your chosen delivery company , including any financial reimbursement due to you for such loss or damage. We are not responsible for any part of your returns process.

7.7 You are responsible for paying any postage or shipping costs incurred when returning the product. 

7.8 We recommend that all returns be sent by registered post, so that a record of the return is available for you. We cannot guarantee that we will receive your returned item.

7.9 We will not issue refunds for any items lost or stolen in transit to us. 

7.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.

7.11 If you fail to return a product to us, we are unable to issue any refund.

7.12 Unused products may be returned promptly by customers, please email us via the contact page for the ‘returns address’ which we will supply via email reply.

7.13 Subject to the above, we will refund the purchase price of a returned product within 14 days of receiving written notification of your intention to return the product. Where we have not actually received the returned item we will need proof of actual postage prior to issuing a refund.

7.14 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, as soon as possible, within a certain amount of days as determined by the banking system.

7.15 We will be happy to give you a refund for the item (excluding the original P&P costs which are non-refundable) however, there are certain situations where only partial or no refund is granted, as below:

7.16  Refunds will not be given if:

7.16.1  We have not been advised of damage upon arrival within 24hrs of delivery to you.

 7.16.2   Any returned item is not in its original condition, is damaged or missing parts for reasons not due to our error.

 7.16.3  Any item that is returned is received more than 14 days after delivery.

 7.16.4  Only regular priced items may be refunded, unfortunately ‘sale’ items cannot be refunded.

7.17  Possible late or missing refunds

  • If you haven’t received your approved refund within several days, please first check your bank account again. It may take some time before your refund is officially posted by your bank as there is often a standard minimum processing time for refunds to show in your account. 
  • If you’ve done all of this and still not received your refund yet, please contact us (see contact page) and we will be happy to help.

7.18 We will refund the cost of postage incurred returning a product, if incorrectly sent by us. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.

8.0    HANDMADE DISCLAIMER* JEWELLERY PIECES

  •  All our jewellery is individually made therefore, unique and one of a kind. Generally, there are not multiple versions of the same piece. All will vary and thus every item is individually photographed and what you see is what you will receive. Where there might be two of the same ring with the same colour and type of material used (glass droplets) for example, we may have judged them visually to be ‘the same’ and so you can be confident in your purchase. More often pieces are individual so if you see something you love, best to grab it quickly before it goes!                  
  • Please be aware that natural materials are used in some of the designs and products. Inherently, they will display some naturally occurring minor differences/defects commensurate with their type, source and origin.Visually, these add to the unique beauty and character of each piece. 
  • Every effort is made to show the jewellery to its best effect in each photograph, however, please be aware that light, reflection, hues and colours can vary in photographic reproduction online.
  • *Disclaimer: The potential ‘healing’/ ‘holistic’ properties of any gemstone/semi-precious stone listed on this website are for interest purposes only. Information is derived from widely available and circulated written text about the subject.The information is not factually proven and cannot be relied upon as such.Emma Burton Designs is no way responsible for the efficacy of these products.

8.1     BESPOKE CUSTOM MADE JEWELLERY 

  • A bespoke service is currently unavailable however, it is something that we hope to introduce in due course so keep an eye out for future announcements ….
  • Made-to-order products will need to be ordered a minimum of 15 working days/3 weeks in advance so that they can be personally created for you.
  • We always love creating new products from scratch, however, please contact us for a quote. A specific ‘custom order’ form will need to be completed [when this service is available] in order that a request can considered, quoted and accepted by both parties.
  • Personalised, bespoke or customised goods cannot be returned unless the product arrives defective.
  • Bespoke JewelleryTimeline : Please note that selecting Express Delivery*  during checkout does not ensure a faster processing time for custom orders [* when this service is available]. Your product will still require [15 working days/3 weeks] to be handmade.

9.0 Customer Complaints  

9.1 We endeavour to respond to all customer queries or complaints within five working days. 

10.0 Faulty Products

10.1 Where you experience a fault with a product it can be returned to us subject to our returns policy above.

10.2 Where any goods are found to be defective and we have been advised of this as at  7.5 –  7. 18 we can offer an exchange item as soon as reasonably possible and within 30 days of being notified of the defect or we will issue a full refund in accordance with the Consumer Rights Act 2015. Where a refund is offered and accepted by you it will be made within 14 working days of receiving your acceptance of a refund.

Please note : EXCHANGES 

  • As each product is uniquely made, we can only replace items if they arrive defective or damaged.
  • We cannot offer exact exchanges however an item of the same monetary value and type (ie. stone drop necklace for stone drop necklace) may be selected.
  • Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

11. Events Outside Our Control

We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute. 

12. Licence

12.1 We grant you a licence to access the content, information and services contained within our website for personal use and the purpose of shopping with us only.

12.2 This licence does not allow you to download and modify individual pages or any part of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

12.3 Our website design, logo, layout, content, text, photographs or imagery cannot be copied, edited or otherwise manipulated without our express prior written permission.

12.4 Our website cannot be placed within the frame-set of another site.

12.5  Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

12.6  The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

13. Copyright

13.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.

13.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

14. User Generated Content

14.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.

14.2 Where the facility exists such user-generated content can be provided in text and still photographs.

14.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.

14.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

14.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions. 

14.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content. 

14.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed our contact us page.

15. Limitations and Exclusions of Liability

15.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.

15.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.

15.3 All indirect, consequential or special losses or damage are all excluded.

15.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

15.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.

15.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.

15.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.

15.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

16. Indemnity

By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

17. Variation

We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

18. Assignment

We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

19. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses. 

20. Waiver

Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing. 

21. Third Parties

These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

22. Entire Terms & Conditions

These terms & conditions set out the entire agreement and understanding between you and us. 

23. The Consumer Rights Act 2015

These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.

24. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

25. Jurisdiction

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. 

These terms and conditions were last updated on 5.Dec.18

Our contact details are set out on our contact us page

Company registration number: pending