TERMS & CONDITIONS

2024 Instagram competitions: UK residents only; no cash alternatives; one prize per winner; winners will be notified by direct message and full name and postal address will be required; prizes will be posted out by Royal Mail Special Delivery, tracked, insured and to sign; Competition ends on date specified no entries after that date can be taken into account for the prize give away.

From March 16th 2023 we will no longer sell direct from this website. We will showcase a range of jewellery and items we have in store for sale from our Frome shop. We can take orders over the phone, by email or in person in store.

We can accept credit card or debit card payments by phone and we can also invoice you for orders placed remotely. All payments must be cleared before any items can be posted out or collected.

For In-store payments we accept all major credit cards and debit cards and cash payments. We no longer accept cheques.

1. ABOUT US

The Site is provided by Marchbank Jewellery Design Ltd, 6 Cheap Street, Frome, BA11 1BN, Somerset, United Kingdom in conjunction with Squarespace.com.

2. THE SITE

We reserve the right to change the way the Site works from time to time and to withdraw any features or content provided on the Site without giving notice.

3. PRIVACY POLICY

· We value your privacy and will always keep your personal information safe. Your personal information is treated with confidentiality and we will not share your details with third parties. We do not store credit card details.

· We only disclose details in accordance with Data Protection legislation in force in England and Wales [Data Protection Act 1998].

· When you shop from this Website, or through our Frome store we may ask you to give personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.

· We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.

· We will use your personal information for the following purposes:

· processing your orders and payments

· to administer this Website

· to notify you of products or special offers that may be of interest to you [if you have consented during the registration process]

We will not disclose or share your information with third parties unless consent is given or we are required by Law when disclosure would be without notice.

Marchbank Jewellery Design Ltd can not guarantee pictures and descriptions to be completely accurate and we cannot accept any liability based upon this. All prices, descriptions, and pictures can change without notice.

4. FORMATION OF CONTRACTS

(a) No contract exists between you and the Company for the sale of any goods until the Company has received and accepted your order and sends you confirmation by email to the email address you have given. Once the Company does so, there is a binding legal contract between us.

(b) The Company reserves the right to enforce any term of the binding contract made between you and the Company pursuant to the Contract (Rights of Third Parties) Act 1999.

5. DESCRIPTION, SPECIFICATION AND PRICE OF GOODS

(a) All goods are subject to availability, and many items are limited edition. If on receipt of your order the goods you have ordered are not available in stock, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

(b) The description, specification and price of the goods you order will be as shown on the Site at the time you place your order as confirmed by email or phone call.

(c) In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the Delivery & Returns section of the Site.

6. PAYMENTS: In store purchases or payments taken over the phone by credit or debit card are subject to standard data protection.

We accept BACS payments for any commissions that have been made with deposit taken at the point of the commission acceptance. You will be invoiced for the job prior to collection of the jewellery or prior to our posting the jewellery out to you.

We can also take normal bank card payments in store or over the phone and we can take cash payments in store. We do not accept cheques.

7. DELIVERY

(a) To arrange for delivery of your jewellery please call us direct or when placing an order or commission in store please request delivery as your preferred option. The goods you order will be delivered to the address you give when you place your order, subject to confirmation by the Company.

(b) If our delivery service provider cannot deliver to your address, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.

(c) If there is no one at the address given who is competent to accept delivery of the goods, you will be notified by our service provider (normally Royal Mail Special Delivery) of an alternative delivery date or a place to collect the goods.

(d) Every effort will be made to deliver the goods as soon as possible after your order has been accepted. The Company aims to ensure delivery within the delivery time frames advised in the ‘Delivery’ section of the Site. The Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

(e) You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

(f) All items sent will require a signature on delivery for insurance purposes.

8. YOUR RIGHT OF CANCELLATION - RETURNS.

PLEASE NOTE THIS RELATES TO ONLINE or REMOTELY PLACED ORDERS ONLY.

(a) Under the Consumer Protection act (Distance Selling Regulations 2000), you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods if the order was placed remotely; ie online or by email. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.

(b) To exercise your right of cancellation, you must give written notice to the Company by hand or post or email, at the shop address, or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.

(c) If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to the Company at your own cost, in an unused and otherwise re-saleable condition. (For hygiene reasons, we cannot accept returns of Earrings either for refund or exchange).

(d) The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit. You must use Royal Mail Special delivery services if posting so that your parcel is insured and will be signed for and can be tracked.

(d) Once you have notified the Company that you are cancelling the contract, the Company will refund or re-credit you upon receipt of the returned goods, if returned in unused, re-saleable condition [ with the exception of Earrings] and within 30 days of receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods.

(e)The return postage is not paid by the Company. You, the customer must pay for any returns.

(e) If you do not return the goods as required, the Company may charge you for the direct costs of recovering the goods. Refunds cannot be made unless all goods are returned in accordance with this policy.

9. In-store returns and refunds

We do not refund unwanted jewellery or items purchased from Marchbank Jewellery Design Ltd.

We can issue you with a credit note which needs to be used within 6 months. Items must not be worn or packaging removed and must be in a resalable condition.

Please note: For hygiene reasons, we cannot accept returns of Earrings either for refund or exchange.

Your statutory rights are not affected.

10. INTELLECTUAL PROPERTY RIGHTS

(a) The Company owns all intellectual property, all copyright, logo, and images of the Site.

(b) All intellectual property rights in any part of the Site are owned by the Company. No intellectual property right in any part of the Site, are intended to, nor shall they be deemed to, transfer to any person who accesses the Site.

(c) The Company may at its own discretion and without giving notice alter, remove or suspend any part of the Site. In no event will the Company be liable for any loss or damage arising as a result of modifications made to the Site.

11. DISCLAIMER OF LIABILITY

(a) We will not have any liability arising out of or in connection with the use of the Site or its non-availability for:

(i) any business losses (such as loss of profits, business, contracts or goodwill); or

(ii) any matters due to any events outside our reasonable control; or

(iii) any unforeseeable losses or damages.

(b) We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law.

(c) We will have no liability arising from any link being placed on the Site to another website which we are not responsible for.

12. COOKIES

(a) We may use technology to track the patterns of behaviour of visitors to our site and ‘personalise’ your shopping experience. This can include using a ‘cookie’ which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. The use of cookies in this way is essential to the shopping experience the Company provides.

(b) By using the Site you agree to allow the Company to use cookies to maintain the effective operation of the Site. The Company may from time to time request that you accept the use of cookies when using the Site. If you do not wish to use cookies please do not access the Site. For more information on cookies visit: http://www.allaboutcookies.org/

13. GOVERNING LAW AND JURISDICTION

These Terms are governed by English law. You, the customer, and we, the Company, agree to submit to the jurisdiction of the English courts.

14. SHOP WITH US IN THE UK

Please note, we currently can sell & deliver to UK based customers only.

UK Customers have the choice to place an order over the phone directly and pay using our secure Credit Card machine in the Frome shop when you collect or we can post items out to you. We have suspended online shopping from this website from March 16th 2023.

You can have your order posted to any UK address or you can pay and collect from the Frome store. Please note you will be advised by email or telephone when your order will be ready to collect, if collecting in-store.

For any order placed by telephone the address that your Credit Card is registered to, must match the address the items are being posted to.

15. POSTAGE

We use Royal Mail “Special Delivery” Postal Services. This is the safest way to send jewellery. It is covered by insurance and will require a signature upon delivery.

Special Delivery is guaranteed by the Post Office to arrive the next day. However, there are additional costs from the Post Office for a Saturday Delivery if posted on a Friday.

Prices depend on the weight and value of the item/s:

For example a Small Packet (from 100g up to 500g in weight) valued at £0 – £500 = Special Delivery plus our protective packaging would be £7.95p

This means that there is a minimum postage and packing fee to us of £7.95p.

If you are buying multiple items we will package these together to save you costs on postage, so long as the weight does not exceed 500g.

If your item is valued under £50 you will still have a ‘Royal Mail to sign for’ service which is also insured but the guarantee is for delivery within normal First class postal times rather than the 1pm next day service.

We will advise you on the total cost of postage when you check out.

We will always endeavor to dispatch the items within 24 to 48 hours of receiving payment.

We will send you an email confirming when your item/s have been posted.

Please allow up to 7 – 14 working days for orders to arrive.

16. CONTACT DETAILS

If you require further information about the Company or any content on the Site, please contact us at: marchbankdesign@aol.com or write to:

Marchbank Jewellery Design Ltd, 6 Cheap Street, Frome, Somerset, BA11 1BN.