Terms of Sale
Precious Earth Limited (registered address: 124-128 City Road, London EC1V 2NX) operates this "WEBSITE" (or "SITE"). Throughout the site, the terms "WE", "US" and "OUR" refer to The Personalised Jewellery Workshop We offer this website, including all information, "TOOLS" and "SERVICE" (or "SERVICES") to "YOU" (or "YOUR") the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this website. You also agree to any additional policies that we have concerning "PERSONALISED" (or "CUSTOM" or "CUSTOMISED") products.
By visiting our site or purchasing something from us, you engage in our "SERVICE". You also agree to be bound by the following terms and conditions ("TERMS OF SERVICE", "TERMS"), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or products we add to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of; or access to this website following the posting of any changes to these terms or any other terms on the website constitutes acceptance of those changes.
We host our website on services supplied by third-party software. They provide us with an online e-commerce platform to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that any information you give us (not including credit card information) may be transferred unencrypted and involve
- (a) transmissions over various networks and
- (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
We always encrypt credit card information during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any content on the website through which the service is provided, without express written permission from us.
2.4 The headings, sections and section numbering used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2 We do not guarantee any product size or weight on this website to be accurate. We accept no responsibility for inaccuracies.
3.3 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
4.1 Prices for our products are subject to change without notice.
4.2 We may publish RRP prices along with our selling price, we base the RRP upon a common multiplier used within the jewellery industry to price jewellery based upon the wholesale cost of the product, labour and production of the original product, we are not at liberty to reveal this multiplier.
4.3 We reserve the right to modify or discontinue any service (or any part or content thereof) without notice at any time.
4.4 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.2 We have made every effort to display the colours and images of our products that appear on this website as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.
5.3 We reserve the right but are not obligated to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.4 We reserve the right to limit the quantities of any products or services that we offer.
5.5 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
5.6 We reserve the right to discontinue any product at any time.
5.7 Any offer for any product or service made on this site is void where prohibited.
5.8 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that we will correct any errors in the service.
5.9 You also agree to all additional terms concerning personalised products below in section 21 onwards.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
6.1 We reserve the right to refuse any order you place with us.
6.2 We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, orders that use the same billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided when you placed the order.
6.3 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.4 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
6.5 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools" as is" and "as available" without any warranties, representations or conditions of any kind and endorsement.
7.3 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.4 Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.5 We may also, in the future, offer new services and features through the website (including the release of new tools and resources). Such new features and services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
8.1 Certain content, products and services available via our service may include materials from third parties.
8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us.
8.3 We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
8.4 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
8.5 Please carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction.
8.6 You must send complaints, claims, concerns, or questions regarding third-party products to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 If, at our request, you send certain specific submissions (for example contest entries); or without a request from us you send: creative ideas, suggestions, proposals, plans, or other materials; whether online, by email, by postal mail, or otherwise (collectively, 'COMMENTS'), you agree that we may, at any time, without restriction: edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
9.2 We are and shall be under no obligation
- (1) to maintain any comments in confidence;
- (2) to pay compensation for any comments; or
- (3) to respond to any comments.
9.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are: unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
9.4 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.
9.5 You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
9.6 You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
11.1 Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
11.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.3 We undertake no obligation to update, amend or clarify information in the service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
12.1 In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet.
- To collect or track the personal information of others.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of the service or any related website, other websites, or the internet.
12.2 We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
13.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.5 In no case shall Personalised Jewellery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
14.1 You agree to indemnify, defend and hold harmless Personalised Jewellery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
15.1 If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
16.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
18.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
19.1 You can review the most current version of the Terms of Service at any time on this page.
19.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CUSTOM MADE PRODUCTS
20.1 A "CUSTOM" (or "PERSONALISED" or "CUSTOMISED") product is any product that is altered exclusively for the customer. Customisations include any addition or subtraction that we make to the product on your behalf; this shall consist of paid-for and free of charge changes to the original product.
20.2 When you place an order via this website for a custom made product, you agree to the following additional terms:
SECTION 21 - DESIGN OF PERSONALISATION
21.1 You understand that the "DESIGN" of any personalisation, (including "FONT", "LAYOUT", "POSITION" or any other aspect of the presentation of the personalised content that you request us to add to a product) shall be as received and will not be subject to change or eligible for a return, refund or exchange.
21.2 Unless previously agreed or otherwise instructed by you; personalisation will typically be in the centre of the personalisation area. However, we reserve the right to position the personalisation in any other location if we believe it is more suitable.
21.3 We reserve the right to change the personalisation position you chose if we consider that it would be more suited elsewhere on the product.
SECTION 22 - PERSONALISATION CONTINUITY
22.1 We do not guarantee continuity of personalisation from one product to the next; unless the content of the personalisation and the product are the same and within the same order.
22.1 If we have to replace a product for any reason, we do not guarantee to match the previous personalisation in terms of design style.
SECTION 23 - FONTS
23.1 If you do not request a font, we will select one for you without notifying you.
23.2 If you choose a font that we consider unsuitable, we reserve the right to select an alternative font without informing you.
SECTION 24 - SIZE OF PERSONALISATION
24.1 Personalisation will be the size we feel most suitable for the product.
24.2 We may use more than one size for personalisation on the same side, the opposite side, or any other time we deem necessary.
SECTION 25 - LAYOUT OF PERSONALISATION
25.1 When personalising a product, we reserve the right to divide your message over multiple lines or reduce the number of lines of text to a more suitable number as we see fit.
25.2 When personalising a product, we reserve the right to split blocks of words or numbers over one or more lines (including, but is not limited to, telephone numbers, hyphenated names, multiple words without spaces, or any other word, phrase or number).
SECTION 26 - PERSONALISATION CONTENT
26.1 We reserve the right to make alterations to personalised messages if necessary; this may include but is not limited to letter case, removal or addition of punctuation, or any other alteration that, in our opinion, is necessary.
26.2 If we deem personalisation content to be offensive, we may refuse your order.
26.3 If personalisation content infringes a trademark, copyright, or belongs in any form to a third party, we will not reproduce it without the written permission of the licence holder or their legal team.
26.4 It is your responsibility to ensure that any information you ask us to reproduce does not infringe any property rights in this country or any other.
26.5 If we violate any properties rights due to information submitted to us, you understand that you will be responsible for any legal matter that arises against us concerning the infringement.
SECTION 27 - HALLMARKING
27.1 Products will be hallmarked in line with 1973 The Hallmarking Act or for decorative effect or added value.
27.2 All hallmarking is completed by an assay office.
27.3 We will not be held responsible for the condition, position, or other aspects of a hallmark, including the process used to create the hallmark.
27.4 We do not guarantee that any information about the size, location, assay office, year stamp, or any other part of the hallmark that we may describe in words or images is accurate on this website.
SECTION 28 - STONES
"STONE" or "STONES" refer to natural and artificial stones in any setting. "PAVE-SET" stones are "MACHINE SET" and include two or more stones close together that form a decorative pattern on a product.
28.1 We are under no obligation to detail the setting of a stone on any product on this website.
28.2 Unless we make a particular reference to the size, colour, shade, quality, weight, finish, inclusions or any other aspect concerning the form of a stone, all stones are to be accepted as received.
28.3 Stones set in pairs of products (i.e. cufflinks) are not guaranteed to be opposite or equals and may differ from that shown in photographs or described in words.
28.4 We guarantee machine set stones for 30 days from the date of receipt of the product.
28.5 We guarantee stones in products set with single stones for 12 months from the date of receipt.
28.6 We do not cover the cost of new stones, only the re-setting of new stones.
28.7 No photograph or description on the website guarantees the position of a single stone as being correct.
SECTION 29 - SHELL
"SHELL" is any natural material in nature that forms an invertebrate's exoskeleton (an animal without a backbone).
29.1 When you purchase a product containing shell, you understand that we make no guarantee of the quality, colour, shade, weight, finish, or any other occurrence that is considered natural.
SECTION 30 - TARNISH
"TARNISH" is a result of a chemical reaction between a metal and a nonmetal compound.
30.1 We accept no responsibility for tarnish.
30.2 We accept no responsibility for the time frame in which tarnish occurs.
30.3 We may offer to re-polish tarnished products; this will incur a delivery charge.
SECTION 31 - FINDINGS
"FINDINGS" are the parts used to connect jewellery components to form a finished article.
31.1 Findings are attached appropriately for the weight and size of the finding. Some findings may not be soldered if we consider it not necessary.
SECTION 32 - SUPERFICIAL DAMAGE OF PERSONALISED PRODUCTS
"SUPERFICIAL" damage is any damage that may occur in transit; this includes but is not limited to: missing or loose stones, misshaping, tarnish, scratches, scuffs, misalignment, bends, faulty or broken solder joints, damage to hinges, or any other issue that we deem in our professional opinion could have happened in transit.
32.1 You understand that if you receive a product with superficial damage, we reserve the right to arrange a return for the repair of the product.
32.2 If we cannot repair or replace the product within three working days (excluding transit time), we will refund the total purchase price of the product.
SECTION 33 - FREE ITEMS WITH PERSONALISED PRODUCTS
33.1 On some products, we may offer "FREE" ("COMPLIMENTARY") products or services; a free product or service is anything that would have cost us money or time to produce.
33.2 You understand those product descriptions may not describe some free products and services that we offer.
33.3 We may publish prices for complimentary products or services; this is the cost you would have paid if you had purchased the product or service separately.
33.4 All products or services labelled as free are subject to stock and may alter without any notice at any time.
33.5 If we cannot supply free products or services as advertised or a suitable replacement, we reserve the right to provide a cheaper alternative or withhold and not deliver the free product and services as advertised.
33.6 If we fail to deliver a free product or service, this will not be a reason for returning or refunding personalised products.
33.7 Products or services that we describe as free are not individually eligible for a partial return or partial refund. In some cases, we may use our discretion and allow the return of free products or services for a maximum rebate of 25% of the published selling price at the time when you completed the original transaction. Refunds will be subject to the returned free product being in the original packaging in an unworn, unused condition suitable for resale.
33.8 Refunds for free products will only be in the form of a store voucher.
SECTION 34 - EDITING AN ORDER CONTAINING PERSONALISED PRODUCTS
34.1 By checking out or paying for your order, you enter into a contract stating that any information you have submitted for personalisation is correct.
34.2 You understand that we may not meet any further requests made to edit personalisation.
34.3 We may offer to edit the information you submitted for personalisation after paying for the order at our discretion. However, this will not be possible if we have started or are in the process of personalising any part of your order.
34.4 If you do want to edit information submitted for personalisation, this must be received in writing by email to: email@example.com
34.5 We are not obligated to look for errors within the information you submit for personalisation. However, we may contact you at our discretion if we believe there is an error within the content of the information you submit for personalisation. If we do not receive a reply within three working days from our first date and time of contact, we will personalise the product with the information exactly as you proposed when you checked out on the website or paid for the order.
34.6 Changes to personalisation, if accepted by us, may result in a later delivery date than previously stated.
34.7 Sending an email to us does not mean we have read your email.
SECTION 35 - CANCELING AN ORDER CONTAINING PERSONALISED PRODUCTS
35.1 At our discretion, and your request in writing by email, you may ask us to cancel the production of personalised products. If we have started the process of personalisation, we cannot cancel your order. In some circumstances, we may offer a partial refund and proof by photo by email of the work completed before receiving the cancellation request.
35.2 Cancellation requests for orders containing personalised products must be received in writing by email to: firstname.lastname@example.org
35.3 Sending an email to us does not mean we have read your email.
SECTION 36 - DELAY OF DISPATCH OR DELIVERY OF PERSONALISED PRODUCTS
36.1 We accept no responsibility for the delay of dispatch of personalised products; or delivery of any order containing a product you have requested to be personalised.
36.2 We accept no responsibility for the delay of an order where you have requested changes to any part of the order; this includes but is not limited to personalisation, address or any other aspect of the order that is personal to you.
36.3 We accept no responsibility for the delay of an order if we have to perform any checks regarding the transaction's authenticity.
SECTION 37 - THIRD-PARTY REPAIRS & ALTERATIONS
37.1 If a product shows signs of repair or alteration by the customer or a third party, then that product shall be void of our warranty.
37.2 Alteration shall also include any change of shape to torque bangles, money clips, or other sprung products.
SECTION 38 - BODY JEWELLERY & EARRINGS
"BODY JEWELLERY" is any product that could potentially come into contact with bodily fluids and has to be sterilised before another person can wear it due to the risk of infection.
38.1 Body jewellery (including earrings) are not eligible for return.
SECTION 39 - CHECKING THE SAFETY OR OUR PRODUCTS
39.1 Personalised products are not eligible for return or refund due to parts that you consider dangerous. You understand it is your responsibility to check the safety and suitability of any jewellery item purchased from us before paying or checkout out on this website.
39.2 You understand it is your responsibility to ensure that any parent, guardian or carer to anyone who may be at risk of causing harm to themselves or someone else is informed and has an understanding of the potential risk that the product could pose.
39.3 You understand that we shall not be held accountable for any injury or death resulting from the use of products sold by us.
SECTION 40 - CONTACT INFORMATION
You should send questions about our Terms of Service or any other aspect of our service or website to email@example.com.