TERMS & CONDITIONS OF SUPPLY OF GOODS (ONLINE)
Thank you for visiting www.antoniaguise.co.uk (“the Site”). Please read the following carefully before using the Site. The use of and access to the Site are governed by the following Terms and Conditions (“these Terms”).
Your use of the Site is subject to these Terms. Using the Site implies that the customer (“you”) agrees to comply with and be bound by these Terms, the confidentiality rules and online selling conditions when you make a purchase.
Antonia Guise (“we/our/us”) from time to may modify or make changes to these Terms at our complete discretion.
PURCHASE
In order to make purchases you will be asked to provide your personal details. You must provide your real name, phone number, e-mail address and other information as requested.
Purchases made from us are for your personal use or gifting only and are not for re-sale, commercial purposes or any other commercial benefit. We have the right to restrict or question multiple quantities of an item being shipped to any one customer or postal address.
INTELECTUAL PROPERTY
The entire content of the Site, including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name 'Antonia Guise’, is the sole property of Antonia Guise. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.
AGREEMENT
These Terms (as amended from time to time) constitutes the entire agreement between you and Antonia Guise regarding your use of the Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Antonia Guise in relation to such matters. The Terms shall govern and no oral explanation or information given by any party shall alter the interpretation of the Terms.
APPLICABLE LAW
If you are not happy with the way that we deal with any disagreement and you want to begin court proceedings, you must do this within the United Kingdom.
INFORMATION ABOUT ANTONIA GUISE
We own and operate the website www.antoniaguise.co.uk
We are a limited company, with the registered address: 12 The Grange, London, SE1 3GU
TERMS OF SERVICE
OVERVIEW
This website is operated by Antonia Guise. Throughout the Site, the terms “we”, “us” and “our” refer to Antonia Guise. Antonia Guise offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We reserve the right from time to modify or make changes to these Terms at our complete discretion.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/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/ or 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, then 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 or tools which are added 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 and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 and 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.
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.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
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.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
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. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
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 any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. 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 for any other materials, products, or services of third-parties.
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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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. 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.
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.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
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. 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).
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.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
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.
In no case shall Antonia Guise, 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Antonia Guise 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.
SEVERABILITY
In the event that 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.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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.
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).
ENTIRE AGREEMENT
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.
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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
JURISDICTION
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms (or their subject matter or formation) and any separate agreements whereby we provide you Services.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
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.
RETURNS, EXCHANGES AND REFUNDS
The right to cancel your contract with us for all goods that you have ordered is subject to the jewellery being unworn, undamaged and in saleable condition, and you requesting a return within 7 days of receiving your good(s). You must return the good(s) within the period agreed in the ‘returns’ correspondence in the fashion outlined below. Personalised or bespoke good(s) can also be returned, however because of the very specific nature of these items we cannot reimburse you for the full retail cost. For personalised goods (eg. engraved) we will retain 20% of the retail price.
THE METHOD
Request a return by emailing hello@antoniaguise.co.uk. You will be sent a returns form. Fill in the form add it to the package and seal the good(s) in the package. If the jewellery is broken on its return to us we will not be liable to refund you, so make sure that the package is completely secure. You must also include any jewellery boxes etc. sent with the item. Delivery charges will not be refunded. Once we have received the good(s) we will let you know via email.
REFUNDS
Provided that the returned good(s) are in the condition they were in when dispatched to you initially and have been returned in the manner detailed above we will issue a refund to your account as soon as possible. If the goods have not been returned in the manner detailed we will be entitled to deduct recovery costs from the amount we refund you. We refund you in our absolute discretion. We are unable to accept returns on any of our rings which are made to order.
EXCHANGES
If you have requested an exchange i.e. you need a different ring size, we will only be able to ship your exchanged goods once we have received the returned good(s). Exchanges must be requested within the first 7 days of receiving the goods. You will be charged for any additional cost and any additional shipping. The returned good(s) must be unworn, undamaged and in saleable condition. If they are not found to be in this condition we reserve the right to return the items to you without supplying the exchange.
YOUR RIGHTS TO CANCEL YOUR CONTRACT
After your purchase you have the right to a 7 day “cooling off period”. Subject to the conditions outlined below, you may cancel your contract with us for the good(s) at any time up to 5pm GMT on the seventh working day from the date you made payment for the good(s). You must inform us via email of your intention to do this with in this time period.
ORDER PROCESS
When ordering items, you will be required to pay the total balance of the order to us via Stripe using the information we provide. Please note that Stripe has its own terms which are separate from ours and must also be adhered to.
We must receive payment in whole for the price of the good(s) that you order before your order can be accepted. Once payment has been received we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Some of our jewellery is made to order; therefore, the order confirmation email will contain information on how long the item(s) will take to be made. If you are unhappy with the length of time the item will take to be made you are entitled to a full refund, so long as you notify us of this within 7 days of receipt of the order confirmation email.
We try our best to dispatch all orders within a 4 week period, but will not be held liable for any delay due to “Force Maejeure” (see below definition).
Our acceptance of your order generates a legally binding contract between us. We may also refuse to process an order for any reason at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site for whatever reason.
CANCELLATION
If we are unable to supply you with the items(s), for example because those items(s) are no longer available, or because we do not deliver to your area, or due to pricing error on our website we will notify you by e-mail and will refund to your account any sum paid by you for the good(s) referenced in the contract as quickly as possible, in any case within 30 days of your order. We will not be liable to offer any additional compensation for disappointment suffered.
DELIVERY
We will deliver the goods you order to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and that there is somebody to sign for and take delivery of the goods from the delivery service used.
All UK orders are delivered using EVRI. Orders outside of the UK in Europe are sent via a range of couriers. We have two delivery options; free delivery in 3-4 working days or customers may select a 'Next working day' delivery for which ew charge a flat fee of £5.99 for UK based deliveries. Shipping costs for the rest of the world will be calculated at Checkout. We aim to fulfil every Order by the estimated delivery date set out in each Dispatch Confirmation email.
Antonia Guise is in no way liable for any import duties or value added taxes applied outside of the UK. This is the customer’s sole responsibility.
Postage costs incurred by the customer for returns will not be refunded, in conjunction with our Returns Policy.
You will become the owner of the goods you have ordered once they have been sent to you. Once goods have been delivered to you they will be kept at your own risk and we cannot be liable for their loss or destruction.
If your order is returned to us because the postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
LIABILITY
If the good(s) delivered are not what you ordered or are damaged or defective or the package doesn’t contain the correct quantity of items, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question to hello@antoniaguise.co.uk.
If you do not receive goods ordered by you within 7 working days of the date given on the dispatch order email, we shall have no liability to you unless you notify us by e-mail, or telephone, or at our contact address of the problem within 14 days of the date on the dispatch email.
If you notify us of a problem with in the above conditions, our only obligation shall be, either; to make good any shortage or non-delivery, or to replace any goods that are damaged or defective, or to refund you the amount paid for the item(s).
We shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the good(s) as above.
Nothing in these Terms limits any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.
FORCE MAEJEURE
We cannot be held in breach of contract or liable for failure to perform or delay in performance of any of our responsibilities in the event of Force Majeure. Which includes, but is not limited to; strikes, lock-outs, industrial action by third parties, civil commotion, riots, invasion, terrorist attack or threat, war or threat of war. Fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Failure of telecommunication network, railways, shipping, aircraft, motor transport (public or private). Accident, illness or death.
If this does happen we will notify you as soon as possible to let you know how we propose to proceed. We may decide to terminate the contract or proceed with the contract working to a reasonable timeframe. If delivery of goods has been affected then we will arrange a new delivery date.
You shall accept the good(s) under the contract, as outlined, in spite of these delays.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: hello@antoniaguise.co.uk
