This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the items of jewellery (Products) listed on our website www.bizziebeejewellery.co.uk to you. Please read these terms and conditions carefully before ordering any items from our site. You should understand that by placing and order for any of our jewellery, you agree to be bound by these terms and conditions. In the case of any inconsistency between these terms and conditions and any content on our website, these terms and conditions shall prevail.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US: www.bizziebeejewellery.co.uk is a website operated by Bizzie Bee Jewellery ("we" or “us”). Our correspondence and office address is Bizzie Bee Jewellery, St Ives, Cornwall TR26 2TT and our email address is firstname.lastname@example.org - our workshop is based in St Ives, Cornwall. Please note that we do not have premises (a shop) for you to visit in person - all our business is carried out via the internet - orders placed via our Paypal shopping cart and invoices sent, emails and telephone calls.
2. SERVICE AVAILABILITY: Our site is only intended for use by people resident in countries other than the USA and Canada. We do not accept orders from individuals resident in Canada due to insurance restrictions.
3. YOUR STATUS: By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You are not resident in Canada.
7. RISK AND TITLE
A) The Products will be at your risk from the time of delivery.
B) Ownership of the item(s) will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges.
D) Our site contains a large number of items and it is always possible that, despite our best efforts, some of the items listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where an item's correct price is less than our stated price, we will charge the lower amount when dispatching the item(s) to you. If an item's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the item(s), or reject your order and notify you of such rejection.
E) We are under no obligation to provide the item to you at the incorrect (lower) price, even after we have sent you an email confirmating Dispatch, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
F) Payment for all Products must be by Paypal. Paypal will advise you of the accepted payment methods.
G) If we are delivering items(s) to you outside of the United Kingdom, import duty and other duties and taxes may apply to your import of the item(s). We shall not be liable under any circumstances for the payment of such duties or taxes.
9. OUR REFUNDS AND ALTERATIONS POLICY: In line with distance selling, if you are contracting as a consumer, you may cancel a Contract at any time. However, this does not apply to an item which is the supply of goods that are made to the customer's specification, including made to order (eg length required, crystals chosen etc). There are different options available below outlining refunds and alterations - please choose which option:
A) Jewellery which is pre-designed but made to order (custom made) - the consumer has changed their mind and the jewellery remains unworn (for hygiene reasons we cannot accept the return of jewellery that has been worn unless it is faulty) - request of a refund:
Please inform us via email within 48 hours of receiving your item of your request for a refund - return postage (of the item back to us) is payable by the customer and is not refunded. We ask that the item be returned in the new unworn condition that it was received in and in the original bubble envelope. We will offer and process a refund once we have received the item back at our office. The original postage to you and the return postage to us is payable by the customer and is not refundable. We will process the refund via the original payment method (Paypal). After processing the refund, the process on Payal can take up to 7 days to reach the recipient. You will receive notification from Paypal of the transaction.
also return the item to us so that it arrives with us within 14 days of your receipt of the item, in the same condition in which you received them, and at your own cost and risk. You have a legal
obligation to take reasonable care of the item(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
B) Jewellery which is pre-designed but made to order (custom made) - the consumer has ordered the wrong size and wishes to have it rethreaded and made to a different length:
We rely on the customer to correctly measure and order the correct size. In the event of the wrong size being ordered, we can alter the length where required, but do charge a fee for the rethread time, new clasp, additional length and materials where necessary. Where an item needs making smaller, we will only charge for the new thread, clasp, rethread time and return the excess beads with your rethreaded item if requested. Please inform us via email within 48 hours of receiving your item - return postage (of the item back to us) is payable by the customer and is not refunded. We ask that the item be returned in the original bubble envelope.
C) Jewellery which is custom designed and made to order (custom made) - the consumer has had an item designed and made to order and wishes for a refund:
If the item of jewellery was custom made in any way (eg length or specific crystals were sourced specially), then we will only refund 50% of the original cost of the item - eg £10 original cost, £5 refunded. Please inform us via email within 48 hours of receiving your item - return postage (of the item back to us) is payable by the customer and is not refunded. We ask that the item be returned in the original bubble envelope and remains unworn and as new. We will offer and process a refund once we have received the item back at our office. The original postage to you and the return postage to us is payable by the customer and is not refundable. We will process the refund via the original payment method (Paypal). After processing the refund, the process on Payal can take up to 7 days to reach the recipient. You will receive notification from Paypal of the transaction
You must also return the item to us so that it arrives with us within 14 days of your receipt of the item, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the item(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation..
D) Jewellery which is custom designed and made to order - the consumer has had a bespoke item designed and made to order and wishes to make alterations to the length:
We rely on the customer to correctly measure and order the correct size. In the event of the wrong size being ordered, we can alter the length where required, but do charge a fee for the rethread time, new clasp, additional length and materials where necessary. Where an item needs making smaller, we will only charge for the new thread, clasp, rethread time and the postage to return it to the customer and will return any excess crystals to the customer when returning your rethreaded item to you. Please inform us via email within 48 hours of receiving your item - return postage (of the item back to us) is payable by the customer and is not refunded. We ask that the item be returned in the original bubble envelope.
You must also return the item to us so that it arrives with us within 14 days of your receipt of the item, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the item(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
F) Any jewellery which is faulty:
Any item which needs to be returned due to it being faulty (general wear and tear is not covered by this policy - our jewellery for children is designed to break under tension for safety - we can re-thread this for a £6.00 fee to cover time and replacement materials). We ask that you email us email@example.com within the first 7 days (the date begins from the date of the email which we sent notifying you of the dispatch of your order). We ask that you return it to us at our office address. Once received we will examine the returned item and email you to confirm if you wish to receive an exchange of the same item design or a refund. If a refund is requested, we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty item. Items returned by you because of a fault will either be refunded in full at your request, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Or a replacement of the same original item will be posted to you, with a refund of the cost incurred by you to return the faulty item to us.
Your statutory rights can be viewed here:
9.2 If you wish to return a item to us, you must first contact us via email firstname.lastname@example.org and send the item to the office address given. You are responsible for the cost of returning the item to us and must ensure the correct postage is paid.
A) We warrant to you that any item purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Save as aforesaid, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these terms and conditions. Any condition, warranty, representation or other term concerning the supply of the jewellery which might otherwise be implied into or incorporated in these terms and conditions or any Contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
B) Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the item you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
C) This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
D) We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
E) We do not guarantee that your computer monitor’s display of any colour of any item on our site will accurately reflect the colour of the actual item and we shall have no liability for an item not being the same colour as shown on the site.
F) All sizes and measurements quoted on our site are approximate and we shall not be liable for any non-material difference in such size or measurement.
G) The items have been designed to comply with the health and safety laws of the UK but we do not warrant or represent that the items comply with any health safety or other legal requirement outside of the UK.
H) All items should be used under adult supervision and the Products should not be used on sleeping children. We shall not be liable for any injury or death caused by the carer of the child’s negligence.
I) There have been instances (which have been very rare) where items have caused rashes or exacerbated eczema. In such instance, you should discontinue use of the item immediately and seek medical help. You acknowledge this risk in using the item and agree that we shall not be liable in any way for any such reaction.
J) We shall not be liable in any way for any degradation or damage to a item if you have not fully complied with the care and maintenance instructions accompanying the item.
K) We are not medically or scientifically trained and have not therefore carried out any medical, scientific or other investigation into the efficacy of our items and we do not guarantee any particular result from a child or adult using an item.
L) We shall not be liable under any circumstances for any death or personal injury caused by use of the items except where caused by our negligence.
M) All of our jewellery that we design, make and sell is NOT a toy and is NOT to be used as a toy:
According to EU Toy safety regulations EN-71-1 our necklaces and anklets are not suitable to use as Toys for children under 36 months. Our necklaces, bracelets and anklets are not toys, please do not allow your children to play with or chew on them. Please make sure that you remove jewellery before sleeping, or when unattended. Our jewellery is designed to break under tension - but obviously we cannot be responsible for the wearing of the jewellery worn outside of our workshop (amount of tension applied - each child is different and so is their level of tension applied). Please use common sense to minimise any potential risks of choking, catching on furniture etc. If you choose to let your child under 36 months wear our jewellery this is based on parental choice.
11. WRITTEN COMMUNICATIONS: Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES: All notices given by you to us must be given to Bizzie Bee Jewellery, St Ives TR26 2TT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
A) The Contract between you and us is binding on you and us and on our respective successors and assigns.
B) You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
C) We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
OUTSIDE OUR CONTROL
A) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
B) Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure event.
A) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
B) A waiver by us of any default shall not constitute a waiver of any subsequent default.
C) No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16. SEVERABILITY: If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
A) These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
B) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
C) Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT
TO VARY THESE TERMS AND CONDITIONS
A) We have the right to revise and amend these terms and conditions from time to time.
B) You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the confirmation of Dispatch (in which case we have the right to assume that you are accepting of the changes to the terms and conditions, unless you notify us of your non acceptance within seven working days of receipt of the items).
19. LAW AND JURISDICTION: Contracts for the purchase of items 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
For my complete 'Terms and Conditions' for details on placing an order, our alterations and refunds policy, postage and delivery times etc please click the link. Or see our 'FAQ' page for general information.