HYC JEWELS LIMITED - TERMS AND CONDITIONS OF BUSINESS
Please read the following important Terms and Conditions before you purchase anything from us and check that they contain everything you want and nothing that you are not willing to agree to.
In these Terms and Conditions, the following terms and expressions mean as follows:
Bespoke Goods: means the bespoke jewellery, as described in the Instructions Form, which is to be designed specifically for you, and purchased by you, as part of the Order;
Consumer: means an individual acting wholly or partly outside trade, business, craft or profession;
Contact Details: the address, email address and telephone number, as detailed in the Instructions Form, used to contact us;
Contract: these Terms and Conditions and the other documents referred to in paragraph 1.1 below;
Designer: the third party who will undertake the design process in relation to your Order (and Design or Designed should be construed accordingly, and as per the Instructions From);
Deposit: 75% of the Price or any other sum that is specified in the Instructions Form and which is required to start processing your Order and purchasing Materials;
Instructions Form: the completed form sent to you by us, detailing the Order;
Intellectual Property Rights: all registered and unregistered intellectual property rights, including (without limitation) copyright, moral rights, patents, know-how, trade secrets, trademarks, service marks, design rights, registered designs, get-up, database rights, utility models, domain names, trade/business names (and all rights therein), rights in the nature of unfair competition rights, rights to sue in passing off, and all similar rights, in each case including (without limitation) (a) any application to protect or register such rights (b) all renewals and extensions of such rights or applications (c) such rights whether they are vested, contingent or future, and wherever they arise or are existing;
Materials: the components of each piece of jewellery including (without limitation) the metals and stones;
Order: the process of designing and creating the Bespoke Goods, as detailed in the Instructions Form;
Price: the cost of fulfilling the Order and supplying the Bespoke Goods, as set out in the Instructions Form;
we, us or our: HYC Jewels Limited (Company Number: 11315462) whose registered office is at Kemp House, 160 City Road, London EC1V 2NX, United Kingdom;
you or your: the person buying the Bespoke Goods, as detailed in the Instructions Form.
1. KEY INFORMATION
1.2 Prior to taking and processing your Order, we will agree the following with you and record this in our Contract:
(a) the main characteristics of the Bespoke Goods and the Order process;
(b) how you can contact us;
(c) the Price (or, if this cannot be determined at the outset, how we will determine the Price) and any tax payable;
(d) the amount of the Deposit payable by you;
(e) potential delivery details (and any delivery charges);
(f) arrangements for payment of the Deposit and the balance of the Price;
(g) third parties who will be involved in the fulfilment of the Order;
(h) any necessary guarantees; and
(i) how we will hold and process your personal information.
1.3 If we have to change any aspect of the Instructions Form, after a legally-binding Contract between you and us has been made, we will notify you of any such changes in writing.
2. ORDER PROCESS
2.1 In order to complete an Instructions Form and place an Order with us, you must be: (i) a Consumer and (ii) over the age of 18.
2.2 We have set out below the process through which the Contract between you and us will usually be formed:
(a) On receiving initial contact from you, we will take your instructions as to the Design, either via a face-to-face meeting, a telephone call or video call.
(b) We will then provide you with the proposed Design(s) and an Instructions Form.
(c) Any quotation given by us, before you sign the Instructions Form, is not a binding offer from us to fulfil the Order or to supply any Bespoke Goods to you.
(d) When you sign and return the Instructions Form to us, you are making an offer to buy Bespoke Goods from us. At this stage, we will also require the Deposit to be paid by you.
(e) Should you wish to have sight of any Materials prior to acceptance of the Order, we will require the Deposit prior to purchasing those Materials and you will be responsible for any reasonable costs payable.
(f) Once we have received your signed Instructions Form and Deposit, we will email you an acknowledgment. However, that e-mail acknowledgement does not mean that (i) your Order has been accepted (ii) we are obliged to accept your Order or (iii) a legally binding Contract has formed between us and you.
(g) We may contact you, at this point, to say that we cannot accept your Order, in which case we will also explain why. For example, this may be because the Order cannot be fulfilled due to the unavailability of Designers or because the Materials needed to create the Bespoke Goods are unavailable.
(h) Your Order will only be formally accepted when we have counter-signed the Instructions Form and returned it, or a copy, to you (“Formal Acceptance”). At this point (i) a legally-binding Contract is formed between us and you (ii) we will start to carry out the Order as agreed and (iii) we will purchase the Materials needed to create the Bespoke Goods.
3. BESPOKE GOODS
3.1 The Bespoke Goods are unique pieces of jewellery which are Designed and created specifically for you.
3.2 The items displayed on our Website have been previously created for our customers and, unless otherwise specifically stated, are used for illustrative purposes only.
3.3 Prior to accepting your Order, we will usually have specified and sourced the Materials which will be used to create the Bespoke Goods.
3.4 Whilst we try to ensure that all weights, sizes and measurements of the Materials are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements in all items we produce, including (without limitation) the final Bespoke Goods. NB: all diamond carat weights stated or agreed are within 0.05 carats of the exact weight, in accordance with industry regulations.
3.5 Where items on our Website are specifically stated as being ‘for sale’, they are not shown to actual size and, as such, your attention is drawn to the product description where the specific characteristics of the product are stated.
4.1 Due to the nature of the Bespoke Goods, we require you to pay a Deposit prior to the acceptance of your Order.
4.2 The amount of a Deposit will typically be 75% of the full Price. However, the actual amount of the Deposit for your Order will be as stated in the Instructions Form.
4.3 The Deposit is non-refundable (other than in the circumstances described in paragraphs 4.4 or 5.3 below) and, following successful completion of the Order, will be deducted from the full Price payable by you.
4.4 Should you cancel your Order before Formal Acceptance, or should your Order not be accepted by us, we will return the Deposit, less any reasonable expenses, to you within fourteen (14) days.
5. YOUR ORDER
5.1 We will carry out the Order with reasonable care and skill and within the timescale detailed in the Instructions Form.
5.2 The processing of your Order may be affected by events beyond our reasonable control. If so, there may be a delay before we can complete or restart the Order. If so, then we will make reasonable efforts to limit the delay (and the effects of it) and to keep you updated. Events beyond our reasonable control may include (without limitation):
(a) the Materials are no longer available, or there is an issue with the supply or delivery of the Materials; or
(b) the Materials are not delivered at the time agreed with the supplier (and we cannot obtain a replacement within a reasonable time) or the price charged by a supplier is much higher than was originally quoted to us.
5.3 If, during the course of processing the Order, there is an issue with any of the Materials, we may need to substitute them with alternative Materials of an equal or better standard and value. In any event: (a) we will let you know about any such proposed substitution and (b) you can refuse to accept the proposed substitution, in which case we will offer you a refund of the Deposit.
6. COMPLETION AND DELIVERY
6.1 We expect most of our Orders to take between 6 and 16 weeks to fulfil, depending on the complexity of the Bespoke Goods. The estimated date for the completion of your Order, and the delivery of the Bespoke Goods to you, will be stated in the Instructions Form. If something occurs which affects the estimated date of completion or delivery, we will let you have a revised estimated date for completion and/or (as applicable) delivery.
6.2 All delivery costs are additional to the cost of the Bespoke Goods and are payable by you. We will only deliver the Bespoke Goods to you after receiving payment for them, and payment of the delivery costs, in full from you.
6.3 We will confirm the delivery carrier prior to delivering the Bespoke Goods. If you want further information on your delivery options and costs, please speak to us.
6.4 Delivery of the Bespoke Goods will take place when we deliver the Bespoke Goods at the address you specify in the Instructions Form. You are responsible for the Bespoke Goods once delivery of them has taken place. In other words, the risk in the Bespoke Goods passes to you when you take possession of them.
7. PRICE AND PAYMENT
7.1 We will set out the cost of the Bespoke Goods, any extra charges (such as delivery charges) and the overall Price, to the fullest extent that we can, in the Instructions Form. We always aim to give you a full and accurate account of the Price, but the final cost of the Bespoke Goods may vary by +/- 10% by the time the Order has been completed.
7.2 The Price (a) is payable by you to us in pounds sterling (£/GBP) (b) where necessary, will include VAT at the applicable rate and (c) will not include delivery, which will be stated separately in the Instructions Form.
7.3 On completion of the Order, we will send you an invoice for the balance of the Price (i.e. less the Deposit that you have already paid) plus any additional charges that we may have incurred.
7.4 Our final invoice is payable within fourteen (14) days of receipt by you of and, in any event, payment in full must be received by us (in cleared funds) prior to the delivery of the Bespoke Goods to you. We accept cash, cheques, credit card and debit card payments.
8. CANCELLATIONS AND REPAIRS
8.1 You are entitled to cancel your Order at any time prior to our Formal Acceptance. If you do so, we will return the Deposit to you within fourteen (14) days. However, all Orders are considered final once we have sent our Formal Acceptance.
8.2 For the avoidance of doubt, you will have no right of return or cancellation once we have sent you our Formal Acceptance.
8.3 Whilst we cannot accept cancellation or returns due to the nature of the Bespoke Goods, in the unlikely event your Bespoke Goods are delivered damaged or faulty, we can arrange for the repair of the Bespoke Goods however, there may be a charge for this service for which you will be responsible; we will notify you of any charges prior to repair.
8.4 In order for us to arrange repair, as per clause 8.3 above, you must return the Bespoke Goods to us within 14 days of Delivery. All items returned as damaged or faulty will be inspected, and any item displaying damage deemed to be a result of (i) fair wear and tear (ii) incorrect use (iii) third-party repairs and (iv) careless handling; will not be accepted as damaged or faulty and we may not be able to arrange repair. In the event we are able to arrange a repair in these circumstances, there will be a charge for this service for which you will be responsible.
8.5 No guarantees or warranties for repairs will be given.
8.6 If you are unhappy with the Bespoke Goods, our service generally or any other matter, please contact us as soon as possible. We will try to resolve any other issues or disputes that arise as quickly and efficiently as possible.
8.7 For more detailed information on your rights, and what you should expect from us, please (a) contact us using the contact details in the Instructions Form or (b) visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05 06.
8.8 If this Contract is ended it will not affect our right to receive or be paid any money which you owe to us under it.
8.9 Nothing in this Contract affects your legal rights under the Consumer Rights Act 2015 (which are also known as your ‘statutory rights’). You may also have other rights in law. The rights and remedies provided for in this Contract are cumulative and not exclusive of any other rights and remedies, whether provided by law or otherwise.
9. OUR WEBSITE
9.1 This paragraph 9 governs your use of our Website. If you use our Website, you are agreeing to the provisions of this paragraph. We do not guarantee that the Website, or any content on it, will always be available and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period. We may also suspend, withdraw, discontinue or change all or any part of the Website without notice.
9.2 The images on the Website are used for illustrative purposes only and are automatically protected under UK copyright law. It is your responsibility to ensure that any products, services or information available through the Website meet your specific requirements. Your use of information from the Website is entirely at your own risk, for which we will not be liable. You may not use the Website, or any part of it, for commercial purposes without obtaining a licence to do so from us.
9.3 You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of anyone else or restrict or inhibit anyone else’s use or enjoyment of the Website. Specifically, you may not use our Website (a) in a way that breaches any laws or regulations, or is fraudulent, or has any unlawful or fraudulent purpose or effect (b) to transmit, or procure the sending of, unsolicited or unauthorised advertising or promotional material or any similar material or (c) to knowingly transmit, send or upload any data or material that contains any virus, spyware, adware or other harmful program or code designed to adversely affect the operation of any computer software or hardware.
9.4 From time to time our Website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the relevant website(s) and we have no responsibility for the content of any such linked website(s).
10. INTELLECTUAL PROPERTY
10.1 We retain all Intellectual Property Rights in any and all patterns, designs, drawings, specifications, documents, samples, artwork, materials, text and information provided to you prior to, or during the course of processing, your Order. Specifically, all designs provided to you prior to, or during the course of processing, your Order (or otherwise displayed on our Website) contain or comprise our Intellectual Property Rights and are automatically protected as a matter of law. All such rights are hereby expressly reserved by us.
10.2 You are granted no right(s) or licence, under this Contract or otherwise, with respect to any of our Intellectual Property Rights. As such, any unauthorised use by you of our Intellectual Property Rights is strictly prohibited.
10.3 We are also the owner (or licensee) of all Intellectual Property Rights in the Website, and all material published on it, including (without limitation) all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the Website, and also the "look and feel" of the Website. Again, all such rights are hereby expressly reserved by us.
10.4 You acknowledge that any breach (or threatened breach) by you of this paragraph 10 may cause irreparable harm to us and our business, for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to us, you acknowledge and agree that, in relation to any such breach or threatened breach, we would be entitled to the remedies of specific performance, injunction and other equitable relief (in each case, without proof of special damages).
11. LIMITATION OF OUR LIABILITY
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), or arising under any applicable law relating to the protection of your personal information, we are not legally responsible for any (a) losses that were not foreseeable to you and us when the Contract was formed or (b) losses that were not caused by any breach of the Contract by us or (c) business losses or other losses incurred by non-consumers.
12. PRIVACY AND PERSONAL DATA
13.1 Variations: we may change these Terms and Conditions from time to time. We will inform you via our website, or by email, as and when any such changes are made.
13.2 Third parties: whilst third parties (i.e. Designers) may assist in the completion of an Order, only we and you have any rights to enforce any term of this Contract.
13.3 Severance: if any provision of this Contract (or any part of any such provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Contract will not be affected.
13.4 Governing law and jurisdiction: this Contract, and any dispute or claim in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by, and construed in accordance with, the laws of England. All parties irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim arising in connection with, this Agreement or its subject matter or formation.