Trading terms and conditions of Tawny Phillips
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Jewellery from this website.
We are: Tawny Phillips
Our address is: 38 Copperfield Street, London SE1 0EA
You are: a visitor to Our Website / our customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Jewellery” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Jewellery.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our email will also confirm details of your purchase and provide you with an anticipated dispatch date for your order.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Jewellery.
2.5 All Jewellery advertised on our website is subject to materials availability – if there is any delay in supplying your order or we are unable to complete your order in the specified time we will contact you by email immediately.
2.6 If there is a significant delay in the availability of materials that we use to make the Jewellery you order, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If you buy Jewellery from us under any arrangement which does not involve your payment via Our Website, these terms still apply. This also applies to sales transactions made with countries outside the UK.
2.8 If we owe you money on account of your cancellation, we will credit you in the same method that the original payment was made as soon as reasonably practicable, but in any event no later than 30 days from the date of cancellation of your order.
3 Your information with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Jewellery.
3.2 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 We endeavour to keep our website prices updated and accurate but it
is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed by email that you wish to order at the new price. This could occur with volatility in precious metal prices and bespoke orders.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.1 UK deliveries will be made by Royal Mail Special Delivery to the delivery address confirmed by Paypal. We will send you confirmation by email to tell you when we have despatched your order, together with a tracking number. Please ensure that someone is present to accept delivery as packages must be signed for. Royal Mail Special Delivery is a fully insured and trackable service. Deliveries in the UK only are free of charge. For delivery in Europe and Worldwide we use UPS and a shipping quote to your country will be provided when you contact the studio to place your order.
6 Foreign taxes, duties and import restrictions
6.1 When purchasing overseas you are responsible for the payment of import duties and taxes of any kind levied in your country.
7 Cancellation of order
7.1 The option to cancel your order is not valid if the Jewellery is:
7.1.1 not returned in immaculate, unworn condition or is damaged in any way
7.1.2 a bespoke commission
7.1.3 a customised piece of jewellery altered to your specifications
7.1.4 returned after 7 working days after date of delivery.
7.2 Cancelled orders must be received by us within 7 working days from the date of delivery to you, in the same immaculate condition in which they were received, together with all enclosed paperwork and Tawny Phillips packaging. We cannot cancel your order and refund you if the Jewellery has been used, worn or damaged in any way. We therefore recommend you use Royal Mail Special Delivery to return items to us, as if they are returned damaged even at the fault of the carrier you will be held responsible.
7.3 You are responsible for the cost of returning any Jewellery.
7.4 To assist us in identifying your Jewellery order on receipt by us, we ask you to notify us by email in advance of you returning the Jewellery.
7.5 We will refund your money within 30 days.
7.6 This paragraph does not affect your rights in the event that the Jewellery is faulty.
8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. If you are not wholly satisfied with your Jewellery order, please tell us at the earliest opportunity. You must tell us by email that you would like to return the Jewellery, specifying the exact order details and date of purchase and giving full details of the defect.
8.2 Jewellery should be returned securely packaged with all original packaging and paperwork. Returns will be sent at your risk and cost – we recommend returning jewellery by Royal Mail Special Delivery in the UK.
9.1 We may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 Images are not displayed at actual size and all sizes and measurements are approximate. Due to the nature of handmaking individual pieces of jewellery, each piece will vary slightly. All measurements should be used for guidance only. If you are concerned by any aspect of this please contact us directly with your queries.
9.4 We give no warranty and make no representation, express or implied, as to:
9.4.1 the adequacy or appropriateness of the Jewellery for your purpose;
9.4.2 the truth of any Content on Our Website published by someone other than us;
9.4.3 any implied warranty or condition as to merchantability or fitness of the Jewellery for a purpose other than that for which the Goods are commonly used;
9.5 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Jewellery.
9.7 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.8 The above two sub paragraphs do not apply to a claim for personal injury.
10 Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights in connection with Tawny Phillips’s Jewellery and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.You may not store electronically any significant portion of any Content.
11 Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12 System Security
12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14 Miscellaneous provisions
14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
14.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.