Terms and Conditons
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07979103232.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).We are Gaelle Dierick trading as Blacklands Belle of Honeygate, Guilsfield, Welshpool, SY21 9DG
with email address sales@blacklands-belle.co.uk;
telephone number 07979103232; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.
You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.blacklands-belle.co.uk on which the Goods are advertised.
Goods
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum of 8 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Service and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after you receive your completion email. This excludes items that have been held through customs as this is not within our control.
27. We are a UK based business. If, however, we accept an Order for delivery outside that area, you may need to pay import duties, administration charges or other taxes, as we will not pay them.
28. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
29. Orders are non refundable in the event that you choose not to pay import duties and taxes.
30. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them. Faults and issues must be brought to our attention within 7 days of receipt of goods
Risk and Title
31. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
32. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
33. You can withdraw the Order by telling us before the you send your hair/ashes sample, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
34. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. Goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
35. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
36. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason or before sending your sample (whichever comes first).
37. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
38. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent email). www.blacklands-belle.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired or before posting your hair or ashes sample.
Effects of cancellation in the cancellation period
40. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery and excluding the cost to return a sample you have sent us.
Returning Goods
41. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at willow cottage, Blacklands, Wiltshire, SN118PT without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
42. For the purposes of these Cancellation Rights, these words have the following meanings:
- a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
43. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
44. Upon delivery, the Goods will:
- a. be of satisfactory quality;
- b. be reasonably fit for any particular purpose for which you buy the Goods
- c. conform to their description function. Each item made using the sample provided by the client will be unique. Colour of ashes and hair will affect the outcome. gallery pictures and colour schemes are a guide only. therefore your item will fit your bracelet however the colour will vary due to the nature of the sample provided.
45. It is not a failure to conform if the failure has its origin in your sample provided.
46. We will provide the following after-sales service: The seller will support the customer with advice on cleaning items. The seller is not responsible for items damaged if a customer does not follow the advice given/ or fails to seek advice.
The seller may be able to polish some items for additional fee (Charms, Cufflinks, Bracelets, (some) Necklaces, Rings and Earrings.) The customer must be aware that the items purchased will show signs of wear and tear over time therefore must take every precaution to avoid scraping items on hard surfaces, showering with items, use of detergents and chemicals on/around items.
All our items made using your sample provided are bespoke and made to order. Therefore can not be refunded unless there is a fault in the manufacture or the order was cancelled before your sample arrives or within a 14 day period, whichever comes first.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
60. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.blacklands-belle.co.uk) and cookies policy (www.blacklands.belle.co.uk).
61. For the purposes of these Terms and Conditions:
- a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
63. For any enquiries or complaints regarding data privacy, you can e-mail: sales@blacklands-belle.co.uk.
Excluding liability
64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
67. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with a resolution within 10 days.
Returns
Returns of items which are customised specifically for you will not apply unless there are any faults on the goods delivered and we are notified within 7 days. Charms beads have a hole diameter of 5mm. Each bead is created by hand and is a unique, one of a kind piece which can never be replicated, therefore sizes may vary.
It is not recommended that you do anything unless you are certain that no harm will come to your jewellery as a result of cleaning. We do not take any responsibility for damage which ensues from your actions.
Hairsprays, suntan lotions, soaps, hand creams, washing-up liquid and make-up. Chemicals and substances like these can damage your jewellery.
Gardening, swimming, sleeping, showering, bathing and exercising, a humid climate as well as body products and secreted acids can discolour, dull and scratch your jewellery.
CHOKING HAZARD
Jewellery designs contain small component parts such as charm beads, which may present a choking hazard if ingested. As a result, jewellery from Blacklands Belle should always be kept out of the reach of young children or other individuals likely to ingest the jewellery or its component parts. Jewellery should never be worn in the bath, shower, pool or bed, and it should never be placed in the mouth due to risk of choking.
Warranty
Our jewellery comes with a 6 month manufacturing guarantee (excluding beads and chains). The warranty, however, will not be valid if the item has been defected by wear and tear and if the item has been scratched or scuffed. Necklace chains and any bead are only guaranteed for three months for manufacturing faults (manufacturing faults such as loose chain clasp or breakage. Beads manufacturing faults include issues with core and fit onto your existing bracelet.
Model cancellation Form
To
Gaelle Dierick trading as
Blacklands Belle , Honeygate, Guilsfield, Welshpool, SY21 9DG
Email address: sales@blacklands-belle.co.uk Telephone number: 07979103232
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*] (date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
[*] Delete as appropriate.