(Version 1.0 - Last updated: 3 December 2020)
Please read these Terms carefully which apply to the use of this Website and the purchase of any Goods via this Website. These Terms apply to all users of the Website ("you" or "your") and govern how you may use our Website. Those parts of these Terms which govern the sale and purchase of Goods apply to users of the Website who are customers and purchase Goods. These Terms constitute a legally binding agreement between you and us. You should read them carefully and let us know if you have any questions. By using our Website, and by placing any Orders, you confirm that you have read, understood and agree to be bound by these Terms.
We may amend these Terms from time to time. The most recently published version of these Terms will apply each time you use our Website or submit an Order with us. Please check for any changes to these Terms every time you visit, and especially each time you place a new Order with us. Nothing in these Terms affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.
Words or phrases in bold and quotation marks are definitions used in these Terms. In addition, the following definitions are used in these Terms:
Force Majeure Event
any circumstance not in our reasonable control which materially adversely impacts our ability to fulfil some or all of our obligations under these Terms.
the products for sale on the Website and, in relation to any Order, the products set out in that Order.
an order for Goods submitted to us via the Website.
the website operated by us at https://www.matildejewellery.com/.
the description of Goods on the Website, including the images and copy relating to such Goods.
these terms and conditions, as amended from time to time.
2. WHO WE ARE AND HOW TO CONTACT US
2.1. The Website is operated by Matilde Ltd (trading as Matilde Jewellery), a company registered in England and Wales with company number 12589338, with its registered office at Elsley Court, 20-22 Great Titchfield Street, London, United Kingdom, W1W 8BE and VAT Registration Number 360 1460 34 (the "Company", "us" or "we").
2.2. If you have any questions about these Terms, or about our Website more generally, please contact us at firstname.lastname@example.org.
3. DO ANY OTHER TERMS APPLY?
3.1.2. our Returns and Delivery page on the Website.
4. USE OF THE WEBSITE
4.1.1. You may only use the Website if you are:
- aged 18 or over; and
- an individual purchasing Goods in a private, non-commercial capacity.
4.1.2. You must not use our Website for any false or fraudulent purchases or to carry out any comparison purchasing (i.e. buying several items at once with the intent to compare and only keep part of the Order).
4.1.3. The characteristics of Goods shown on images or videos, including but not limited to size, colour, cut and clarity, may appear different than as seen by the naked eye, depending on your computer hardware, software or screen.
4.2. Website Availability
4.2.1. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
4.2.2. We cannot be held liable for the unavailability of, or any modification to, the Website or any of our Goods or services.
4.3. Your Account
4.3.1. To make full use of our Website, you may elect to register for an account on the Website. You must provide accurate and complete information and keep your account information updated.
4.3.2. Access to the Website is only intended for the individual who has registered with the Website and for whom a username and password has been set. The login details are not to be shared, even temporarily, with any third party. You may never use another person's user account or registration information without our permission.
4.3.3. You are fully responsible for keeping your account details secure, and will be wholly liable for any purchase or other activity that occurs on your account, even if that activity is (or is alleged to be) carried out by an unauthorised third party (unless in each case due to a breach of security which is our fault). You will notify us immediately if you become aware of any unauthorised activity on your account.
4.3.4. We may close your account and deny you access to our Website effective immediately if we reasonably suspect any unauthorised use of your account or if we have reasonable grounds to believe that you are in material breach of these Terms.
4.3.5. By using and creating an account on our Website you confirm that you have full capacity and authority to agree to these Terms.
4.4. How you may use the Website
4.4.1. We are the owner or the licensee of all intellectual property rights in and to our Website, and in and to the material published on it. Those works are protected by copyright laws and treaties around the world as well as various other intellectual property rights. All such rights are reserved.
4.4.2. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged if you quote from our Website.
4.4.3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. Unauthorised use of data or content downloaded from the Website for any commercial purposes, or passing the information contained in the Website to third parties, is strictly forbidden and may lead to legal action. Users may not republish, scrape, reproduce, re-distribute or copy any of the content on this Website. You must not attempt to reverse engineer or derive any source code or algorithms of our Website.
4.4.4. If you copy or use any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.5. Third Party Links
4.5.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or of any information you may obtain from them. We have no control over the contents of those websites or resources.
4.6.1. We take reasonable steps to ensure that our Website is safe to use, but we cannot guarantee that our Website will be secure or free from bugs, vulnerabilities or viruses.
4.6.2. You are responsible for configuring your device and browser to access our Website securely. You should use your own virus protection software.
4.6.3. You must not misuse our Website by knowingly introducing viruses, trojans, vulnerabilities, worms, logic bombs or other material that is malicious or technologically harmful.
4.6.4. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
4.7. Linking to the Website
4.7.1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
4.7.2. If you wish to link to or make any use of content on our Website other than that set out above, please contact us first.
5. ORDERING GOODS
5.1. The listing of Goods on the Website from time to time shall constitute an invitation to treat and not an offer to sell. That means that when you place an Order you are making an offer to purchase the relevant Goods from us (in accordance with the Order and these Terms). We are free to accept or decline that offer.
5.2. We may send you an order acknowledgement once your Order is placed and a further order confirmation email setting out details of the Goods you have ordered. These emails do not constitute acceptance of your Order. Your Order is only accepted, and a contract for the sale and purchase of the Goods listed in the relevant Order is only formed, if and when we confirm dispatch of your Order by email. We will, however, endeavour to fulfil your Order. Reasons that we might not be able to fulfil your Order include:
5.2.1. where any of our suppliers fail to deliver us the Goods, or things we need (like precious stones or metals) to produce the Goods;
5.2.2. where Goods are sold out or otherwise unavailable;
5.2.3. where there has been a mistake in the listed price of the Goods (see clause 9.5) or an error in the Description;
5.2.4. where there has been a problem taking payment; or
5.2.5. in the case of a Force Majeure Event.
5.3. We will take payment for an Order when the Order is placed. If we take payment from you for any Order which we are subsequently unable to accept or fulfil, we will issue a refund or (subject to your agreement) provide alternative Goods. Such refund or replacement will, unless otherwise agreed in writing, be your sole and exclusive remedy.
5.4. We assign an Order number to each Order we accept. Please use that Order number if you have any questions or complaints about your Order.
6. AVAILABILITY, DECRIPTION AND QUALITY OF GOODS
6.1. Nothing in these Terms limits any legal rights you may have as a consumer.
6.2. Every effort is made to ensure that our catalogue, stock list and other information on the Website is accurate and up to date. However, we do not guarantee stock availability or that content on our Website will always be completely accurate. In particular you should note that:
6.2.1. you are responsible for making your own decisions as to which Goods to buy and ensuring that those Goods will meet your needs. Our Goods are decorative only and we can't guarantee that they will be fit for any particular purpose;
6.2.2. actual product packaging may vary;
6.2.3. there may be slight variations in images of the Goods displayed on our Website and, depending on the photographs and lighting used, certain Goods may look slightly different in-person. We also cannot guarantee that your device's display of the colours accurately reflects the colour of the Goods;
6.2.4. unless otherwise stated (and except to the extent included in an Order) Descriptions of the Goods are illustrative and provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website.
6.3. In some cases, where a precious metal or stone is of a certified quality, we might (but aren't required to) ship it to you with the accompanying certificate or grading report. These certificates are provided by our suppliers and/or third party grading agencies and we do not guarantee and cannot take any responsibility or accept any liability for the contents or accuracy of such reports and certificates.
6.4. Such certificates or reports do not constitute our opinion and are not endorsed by us. They are based on observations, interpretations and results of any relevant tests (which can vary from supplier to supplier). They should not be relied upon as the basis of your decision to purchase the Goods.
6.5. We warrant that, on delivery, the Goods shall conform with the Order and (subject to clause 6.2) any material aspects of the Description.
6.6. We will not be liable for breach of the warranty set out in clause 6.5 above if:
6.6.1. non-conformance arises as a result of your actions or omissions;
6.6.2. you seek to repair or remedy any non-conformance or defects in or to the Goods otherwise than as agreed with us;
6.6.3. any defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
6.6.4. the Goods differ from the Description as a result of changes made to Goods or packaging: (i) at your request; or (ii) to ensure they comply with applicable statutory or regulatory requirements; or
6.6.5. we have reasonable grounds to believe that any such defect or non-conformance was not present upon delivery.
6.7. Other than the warranties set out in these Terms, all warranties, representations and other terms (including those which may otherwise be implied by statute (including ss.13-15 of the Sale of Goods Act 1979) or under common law) are excluded to the extent permitted by law and subject to your legal rights as a consumer.
7. DELIVERY, TITLE AND RISK
7.1. We will arrange for delivery of the Goods to the delivery address provided by you. The costs of delivery will be as displayed on our Website.
7.2. Risk in the Goods will pass to you on delivery. This means that you will be solely responsible for the Goods (such as any loss or damage) once delivery has taken place.
7.3. Title to (i.e. legal ownership of) the Goods will also pass to you on delivery, unless any payment for the Goods remains outstanding in which case title to the Goods will only pass once payment has been made and received by us in full.
7.4. Shipment is completed through third party couriers as detailed on the Returns and Delivery page of the Website ("Couriers"). Additional terms and conditions may apply if imposed by the Couriers. We reserve the right to refuse shipment to certain international destinations.
7.5. For the purposes of these Terms, "delivery" means the completion of delivery of the Goods by (and according to the terms and conditions of) the relevant Courier. Please note that we may deliver the Goods in an Order in instalments and we will notify you if we do so.
7.6. We recognise that delivery times are important for our customers and we will try to ensure that all Orders are delivered in accordance with the target delivery date. However, all stated delivery times are estimates only, may be influenced by factors outside of our control, and are not guaranteed. In particular, we are not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or any failure by you to provide us with adequate delivery instructions. Further, for any deliveries outside the UK we are not liable if the Goods are held at customs resulting in a delay. If the Goods do not arrive by the target delivery date, please contact us at email@example.com.
7.7. If we fail to deliver any Goods, our liability (and your remedy) is limited to (at our option) either:
7.7.1. refunding the total amount paid by you for the Goods; or
7.7.2. arranging for replacement goods to be sent to you.
8. CANCELLATION AND RETURNS
8.1. Orders may not be cancelled or withdrawn by you save as expressly set out in writing (including under these Terms).
8.2. You may, at any time before an Order is accepted by us, cancel an Order by written notice to us.
8.3. If you are an EU or UK customer, for most Goods, you have a legal right (under the Consumer Contracts Regulations 2013) to change your mind within 14 days and get a refund on the Order by contacting us and letting us know that you wish to cancel the contract and subject to these Terms. If you are located outside the EU or the UK we will also allow you to change your mind within 14 days and get a refund subject to these Terms (including clause 8 and 9.7). The cancellation period ends at the end of 14 days after the day on which the Goods are delivered or, where multiple Goods are covered under an Order, 14 days after the day on which the last of the Goods are delivered. Please note, however, that this right to cancel does not apply:
8.3.1. in the case of any bespoke Goods (or Goods which you request bespoke amendments to, such as personalisation or engraving); or
8.3.2. where those Goods cannot be resold for hygiene reasons, including earrings.
8.4. Please see the Returns and Delivery page on our Website for details of our returns policy and further information on the return of Goods. It is your responsibility to check the returns policy prior to submitting an Order.
8.5. We will pay the costs of return if the Goods are faulty or misdescribed. In all other circumstances, including where you exercise your right to change your mind, you must pay the costs of return.
8.6. Where returns are accepted:
8.6.1. the Goods must be returned in their original condition, in their original packaging and together with any labels, materials and certification they were shipped with and in accordance with our returns policy as set out on the Returns and Delivery page on our Website;
8.6.2. if you are exercising your right to change your mind, you must send off the Goods to us within 14 days of telling us you wish to end the contract; and
8.6.3. we will refund you the price paid for the Goods (which, if you are based in the UK or the EU, shall include delivery costs), by the method you used for payment subject to clauses 8.7 and 8.8 below.
8.7. If you do not return Goods in the correct manner, you may not be entitled to a full refund or in some cases, any refund. You are responsible for ensuring the safe delivery of Goods to us and should retain proof of postage. Further, you must have proof of purchase so please retain your order confirmation.
8.8. We may make certain deductions from refunds where you exercise your right to change your mind as follows:
8.8.1. to reflect any reduction in the value of the Goods if this has been caused by your unnecessary handling of them. The extent to which you can handle the Goods is the same as it would be if you were handling them in a shop;
8.8.2. any supplementary delivery costs if you choose a type of delivery other than our standard and least expensive method of delivery. We will only refund the basic cost of delivery by the least expensive method we offer.
8.9. We will make any refunds to you as soon as possible and within 14 days from the day on which we received the Goods back from you.
8.10. For international deliveries outside of the UK we will not be liable for or refund any additional charges payable by you or the recipient of the Goods for the import of the Goods such as import duty, sales tax, taxes, levies, customs payments and other charges.
8.11. We are unable to process exchanges on the Website but you can cancel an Order in accordance with clause 8.2 and place a new Order. Please see further information on the Returns and Delivery page on our Website.
8.12. We may end the contract at any time by notifying you in writing if you break the contract including if:
8.12.1. you have failed to pay us in full for the Goods;
8.12.2. you do not provide us with any information that is necessary for us to provide the Goods (e.g any personalisation information where relevant) within a reasonable time of us asking for it;
8.12.3. you do not allow us to deliver the Goods.
8.13. Where we end the contract in the situations set out in clause8.12, we will refund any money you have paid in advance but we may deduct or charge you reasonable compensation for the net costs we incur as a result of you breaking the contract.
9. PRICE AND PAYMENT
9.1. All Orders must be paid for at the time the Order is placed and Goods will not be dispatched unless the Goods have been paid for. The accepted payment methods are set out on the Website. We are not responsible for taking payment. Whilst every effort is made to ensure the safety of your payment transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the payment methods.
9.2. If you are:
9.2.1. resident in the UK, the price of the Goods includes amounts in respect of UK value added tax (VAT);
9.2.2. resident outside of the EU, the price of the Goods is exclusive of VAT or similar sales taxes, and any customs duties, applicable in your jurisdiction, which you shall be liable to pay in addition to the price of the Goods;
9.2.3. resident within the EU, then all Goods delivered on or prior to 31 December 2020 will include VAT at the appropriate rate. For all deliveries on or after 1 January 2021, then the price of the Goods is exclusive of VAT or similar sales tax and any customs duties applicable in your jurisdiction, which you shall be liable to pay in addition to the price of the Goods as further referred to in clause 9.7 below.
9.3. For all UK sales, and those EU sales made prior to 31 December 2020, if the rate of VAT changes between the date of your Order and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
9.4. We reserve the right to cancel or suspend any pending Orders, or refuse to accept an Order, until any and all overdue sums owed by you are paid to us in full.
9.5. We reserve the right to change listed prices for Goods at any time. Whilst we use our best efforts to ensure that the prices of Goods are correct on the Website, sometimes mistakes can be made. We reserve the right to cancel or refuse to accept an Order, in whole or in part and at any time, if we reasonably determine that there has been a material error in the listed price that has been set for any Goods. You will receive a refund for any amounts paid in respect of any such cancelled Order.
9.6. All prices on the Website are in Great British pounds sterling. You can elect to pay in a different currency unless otherwise stated.
9.7. Deliveries to addresses outside the UK, may be subject to taxes, fees, customs duty, levies or other charges as a result of local laws or customs requirements. You (or the recipient of the Goods if different) are responsible for all customs requirements for the import of the Goods and for payment of any additional charges including import duty, sales tax, taxes, levies, customs payments and other charges and for compliance with all local laws relevant to the import of the Goods. Where you cancel an Order or return Goods to us, we will not be liable to refund to you any such additional charges. You should check any import requirements before placing an Order. We reserve the right to cancel any Order if we become aware of any restrictions impacting the delivery of the Goods.
10. OUR LIABILITY
10.1. We have a legal duty to supply Goods that are in conformity with the contract. Nothing in these Terms affect your legal rights or excludes or limits our liability for breach of your legal rights.
10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
10.2.1. death or personal injury caused by its negligence, or the negligence of our employees, agents or subcontractors (as applicable);
10.2.2. fraud or fraudulent misrepresentation;
10.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
10.2.4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10.3. Subject to clause 10.2:
10.3.1. if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable skill and care but under no circumstances will we be liable for any loss or damage that is not foreseeable or that is not caused by any breach or negligence on our part;
10.3.2. we won't be liable to you for any matter in respect of which you may claim against the relevant Courier, but shall lend all reasonable assistance to you to facilitate that claim;
10.3.3. we won't be liable to you for any loss or damage arising in connection with your use of, or inability to use, our Website or your reliance on any content displayed on our Website (save as expressly set out in these Terms); and
10.3.4. our total aggregate liability to you in respect of any and all claims and other losses or liabilities arising under or in connection with any Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods that were the subject of that Order and have given rise to the liability.
10.4. To the extent permitted by law, and without limiting your legal rights:
10.4.1. no warranties, conditions, representations or other promises of any kind are made in relation to our Website or any Goods unless expressly stated otherwise in writing; and
10.4.2. all implied terms (whether by statute or under common law) are excluded.
11. COMMUNICATIONS BETWEEN US
11.1. When we refer to "in writing" in these Terms, this includes email. You agree that we may email you at the email address you have given to us when signing up for an account or placing an Order.
12.1. We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights or obligations under these Terms. You may not transfer to another person any or all of your rights or obligations under the Terms without our prior written consent.
12.2. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from a Force Majeure Event. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
12.3. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall prevent or restrict us from exercising that or any other right or remedy. For example, if we continue to provide Goods to you without receiving payment, we can still require you to make the payment at a later date.
12.4. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
12.5. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
12.6. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
12.7. This contract is between you and us. We both agree that no third party shall have any right to enforce any of the provisions of these Terms.
13. GOVERNING LAW
13.1. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.
13.2. We both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.