Terms and Conditions GDPR

Terms and Conditions
Please also see our FAQ’s for current information and links, our sending information and contact details.. Keep a copy of these and your order for your records (please do not print, you can save a PDF version to your computer, phone or tablet and we recommend saving a copy to your cloud as well)

1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website and take effect from Tuesday 6th March 2018 for new orders. Orders prior to this will be covered by our Terms and Conditions Archive. Orders placed with a pre-authorised business account are subject to our Business to Business Terms and Conditions
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation
2.1 In these terms and conditions:
(a) “we” means Tree of Opals; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.

3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart with all details in the comments, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 The change of order status to “kit to be sent” constitutes order confirmation. You must read our Delivery Policy here.
3.4 You will have the opportunity to identify and correct input errors on your order by emailing us on info.treeofopals@gmail.com with your order number (messages via social media like Facebook or Instagram are not accepted).
3.5 Sales may be withdrawn at any time. Please see our sales policy.
3.6 Items will be made as classic without order notes. Conversations taking place via email, telephone, social media or other means do not constitute order notes. All notes must be put on the order notes otherwise the pieces will be made as standard without any discussed variations. If you forget to add notes please reply to your order confirmation email within 24 hours and we will add notes to your order and check that they’re there. We do not accept changes to an order once placed.
3.7 Artistic Discretion
Elements, colours, stamping, engraving and accents etc. will be placed at the artist’s discretion unless previously agreed. If you have agreed to or asked for something not standard then you must make a note on your order (see 3.6).
Some features you should expect to find in our handmade jewellery include and are not limited to:
(a) Air bubbles in resin and silicone are natural and although our artists go to great effort to prevent them there may be some visible. This is a normal element in handmade resin jewellery and air bubbles will not be classed as faults.
(b) We try our best to remove strands of fluff from breastmilk throughout the preservation process but occasionally they may still be visible in the finished piece. Please try to send milk that has not been exposed to much dust and it can help to gently wipe off any fibres from your skin before you express. Do not dry your pump and bottle with tissue or cloth with fibres. Fibres can get into any piece during curing from the atmosphere; our studio is not sterile. We often find fibres in locks of hair and try our best to remove what we can but some may still be visible
(c) colours of elements will vary greatly, photos on the website are of other clients’ elements and your piece will look very different even with clear resin or glass
(i)Pieces will never look the exact same as those on our website because they are all handmade and the elements you send in vary vastly. For example, there are many colour variations in breastmilk including orange, yellow, blue, green and purple tinges.
(ii) Cremation ashes vary from white to brown to black. Locks of hair may be transparent, white, blonde, red or dark and it depends on the hair you send us
(d) our nine colours (sparkle mixes) may not be totally consistent as batches are mixed from time to time using artistic discretion. Each colour will be unique depending on your elements (see 3.7c)
(e) Our rings and metalwork will look handmade and you may see small scratches, excess solder, joins, inconsistencies and marks that are typical to items which are not mass-produced. If you require perfect finishing please choose a different company.
3.8 Proof photos
We usually make several resin pieces (blanks) and may send proof photos for blanks containing colours where possible. We will set the best piece in metal, taking your preference into account. If you choose (for example) cabochon 2 from 3 pictured cabochon blanks, we will try our best to use that one. However, when setting, we will use artistic discretion. Sometimes we will find flaws in a blank, for example, and choose a different one to set, or a blank may be damaged during the process. We return unused blanks where possible at no extra charge.
3.9 Our Suppliers
We may use different suppliers for our metal and engraving meaning some variations. We do our best to keep items consistent but may use different engraving services, different settings, different setting wire etc. Engraving may appear black or white/clear. Bezels may be smooth, serrated or crown points. Images on our website are considered to be mockups and a guide to how your items will look.

4. Products
4.1 The following types of products are or may be available on our website from time to time: customised items containing clients’ own elements (for example cremation ashes), customised items without clients’ own elements (for example engraved jewellery, rings made to size) and non customised items designed to be mixed with a customer’s own items (such as urns) and non customised items (for example necklace upgrades).
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
Consumer Rights Act 2015
Section 9 Goods to be of satisfactory quality
(4) … does not cover anything which makes the quality of the goods unsatisfactory (a) which is specifically drawn to the consumer’s attention before the contract is made
Section 10 Goods to be fit for particular purpose
… applies to a contract to supply goods if before the contract is made the consumer makes known to the trader … any particular purpose for which the consumer is contracting for the goods
Section 11 Goods to be as described
(4)Any information that is provided by the trader about the goods … (main characteristics of goods) is to be treated as included as a term of the contract
Section 19 Consumer’s rights to enforce terms about goods
(1) In this section … references to goods conforming to a contract are references to (a) the goods conforming to the terms described in sections 9 …
(2) [an item]is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

What this means is that an item can’t be “not of satisfactory quality/fit for purpose/as described” if it contains materials supplied by the customer i.e. your own milk/fabric or loved one’s ashes/hair/cord and other elements sent to us, or if it is something mentioned here. So please only order if you have seen enough examples of our work to have confidence in the result. If in doubt please do not proceed with an order.

5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT (NB we do not charge VAT).
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
5.6 Included in the delivery charge, you may have to pay for a kit to send in your elements, which will be notified to you before the contract of sale comes into force.

6. Payments
6.1 You may, during the order process, pay the prices of the products you order, or you may pay by instalment before the order is shipped.
6.2 Payments may be made by PayPal (PayPal account or card payment), card payment via Square or by bank transfer.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
(e) orders may be started and not completed while payment is outstanding. Any pieces in progress remain our work product until paid for and completed

7. Complaints
7.1 If you wish to complain or have an issue with an order, please email info@treeofopals.com and we will reply within 14 days and attempt to find a fair solution; please double check your consumer rights, especially section 9 and 19 of the Consumer Rights Act 2015 before you email. You must include your full name and order number and order details from My Account.
7.2 If you are unhappy with the result please contact the Online Dispute Resolution Service; it is a free service. It is not necessary to threaten “legal action” or pay any fees as this is a free impartial specialist. If you would like to contact the Citizens’ Advice Bureau please tell them that we have offered ODR.
7.3 You will not have a case with PayPal because they do not cover customised items. If you decide to make a PayPal claim it will be closed in our favour and we will no longer be able to help you. Claims should never be necessary if you have followed our complaints procedure above.

8. Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the time period set out below; however, we do not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances all items ordered will be completed within six months following the later of receipt of payment and the receipt of customer specifications for customisation and customer elements (such as cremation ash) where appropriate. Our current estimated lead time is always available to view on the Frequently Asked Questions page.
8.5 Please allow an additional two weeks for orders which need to be sent off for hallmarking.
8.6 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 5 days following order completion.
8.7 We will process your order within six months this may be extended to nine months in the case of death or serious illness again. Please see the FAQ page for current lead time estimates.
8.8 The date of an order is whenever we receive your elements (hair/ash etc) and payment in full, whichever comes later.
8.9 We are protected underThe Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134 PART 5 Regulation 42 Time for delivery of goods (1-2) This regulation applies to any sales contract… Unless the trader and the consumer have agreed otherwise. (see 8.7 where you are agreeing to six months plus extension if needed by us)
8.10 By agreeing to these terms and conditions please know that we try our best to return commissions and artworks and jewellery etc as soon as possible
8.11 If you require your item sooner this will need to be negotiated before placing the order and specifically mentioned in the order notes (on the checkout page)
8.12 We will always display our current lead time in the frequently asked questions and reserve the right to change our lead time before an order is complete. We may increase the lead time by up to two months during this time. Lead times are advisory only as the pieces are labour intensive and need to be made several times and we reserve the right to complete within a reasonable time outside of the advised lead time.
8.13 You must not send irreplaceable items unless by prior agreement. See the Sending Elements page for information on retaining some of your elements. If we agree to receive irreplaceable items they must be hand-delivered. If you send everything you have and are unhappy with your piece then this does not constitute a reason for a refund even though it excludes you from our remake policy. When something is irreplaceable we will only work with it if you agree that we can only make one attempt.
8.14 Ownership
(a)Upon receipt of your elements we take ownership of them and are able to use them as we see fit to create your order. We will not use your elements for anybody else’s jewellery or displays unless you give us prior permission. We may use as much of the elements sent as we need and agree not to waste any unless it is unavoidable. Unused elements will be returned apart from breastmilk
(b) breastmilk sent to us becomes our property, which we will retain as it contains preservative which may be harmful. Also preserved breastmilk is our work product due to the expensive nature of the preservation process.

9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them); and
(c) none of the items in your order are customised (see section 9.9).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract in accordance with this Section 9, you must send the products back to us (to Tree of Opals, 1 Akeman Way, Shirehampton, Bristol, BS11 9NU, United Kingdom) via recorded delivery. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
9.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.9 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period (for example the cost of precious metals and gemstones);
(b) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised (for example, rings made to size or any item that is engraved, stamped or coloured to specification);
(c) the supply of goods which contain your elements (such as cremation ashes, breastmilk, hair, fur, placenta, teeth, umbilical cord, paper, fabric, photographs or organics):
(d) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you (for example, items to be filled with cremation ash); or
(e) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.

11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality (for example, the quality shown in our client galleries and product galleries, excluding mockups). Please see the page on handmade jewellery and expected quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers, artists, metalsmiths and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract.

13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have an effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
Variation

16. Revisions
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

19. Severability
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy and our FAQ’s, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. (NB to save paper you can highlight the contents of these pages and store them free of charge on Google Drive, rather than printing them out -Nikki x)
23.2 These terms and conditions are available in the English language only.
23.3 We are not VAT registered
23.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes, please see the Trading Standards article about it here.

24. Our details
24.1 This website is owned and operated by Tree of Opals.
24.2 We are registered in England and Wales under sole tradership and our CEO is Mx Nicola Kamminga
24.4 You can contact us by email, using info@treeofopals.com

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