Terms and Conditions

Terms and Conditions

Please also see our FAQ’s for current information on our current lead time, 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)
Terms and conditions of use

  1. Introduction

1.1 These terms and conditions shall govern your use of our website. You can find the terms and conditions archive here.

1.2 By ordering, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not order or use our website.

1.3 If you register with our website, submit any material or elements to us or our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website and order; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Complaints

3.1 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 section 5 below before you email.

3.2 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.

3.3 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.

4. Distance Selling Right To Cancel Exception

4.1 We do not provide refunds under any circumstances. All of our work is personalised and handmade. We are not able to resell any of it. All of our work is of handmade quality as shown in hundreds of examples on our website. If you would not be happy to receive one of these pieces then please do not order.

4.2 We are protected, therefore, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134 PART 3 Regulation 28 Limits of application: circumstances excluding cancellation 28.—(1)(b) This Part does not apply as regards… the supply of goods that are made to the consumer’s specifications or are clearly personalised.

4.3 You may not cancel. In extreme circumstances we may consider a cancellation on a case by case basis, please contact us. We do not provide refunds, except as goodwill customer service gestures, this is at our discretion. If we offer a remake on an item, the original will need to be returned at your own expense. If this is not satisfactory, please do not order.

4.4 We reserve the right to cancel any order as we see fit and return any elements. We do not need to provide an explanation: it is sometimes necessary for our artists to cancel for personal reasons

4.5 If we do not receive your elements this is not a reason to cancel. We accept no legal responsibility for your elements and you must always retain some in case of loss in shipping or by flood, fire, loss or damage etc. If that is not possible then you must consider that before ordering.

4.6 You must not send irreplaceable items unless by prior agreement. If we agree to receive irreplaceable itms they must be hand-delivered. If you send everything you have and are unhappy with your piece then this does not constitute reason for 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.

5 Lead Time
5.1.1 We will process your order within eight months; this was previously six months but has been extended due to long term illness. We are trying our best to reduce this by training new artists and admin staff.
5.1.2 The date of an order is whenever we receive your elements (hair/ash etc) and payment, whichever comes later.

5.2 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 4.3 where you are agreeing to eight months)

5.3 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 but they can take up to eight months from receipt of payment and your elements, whichever comes later. Current estimated lead time is on our FAQ page.

4.4 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)

4.5 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.

5. Handmade Jewellery and the Consumer Rights Act
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.

5.1 Order Notes
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.

5.2 Artistic Discretion
Elements, colours, stamping 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 5.1).

5.3 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.
(c) colours of elements
(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, please see this blog for examples of pieces made with different milks.

These are examples of the natural variations in cremation ash colour. We can try to mask the colour but every piece is unique and depends on the ash you send us
These are examples of the natural variations in cremation ash colour. We can try to mask the colour but every piece is unique and depends on the ash you send us

(ii) cremation ash varies in shape, colour and size considerably. Obviously all hair is different and behaves differently in the resin and you will have different looks, AS DO OTHER elements. Colour variations are normal and can’t be predicted
(d) Elements and resin may sometimes change colour over time
(e) you probably will see glue on glued pieces
(f) you may see solder marks and scratches on metal
(g) tiny pieces of dust are sometimes unavoidable but please send a photo showing the dust if you are unhappy and would like a remake
(h) elements and sparkles will often sink in the moulds; this is normal and difficult to avoid – our galleries show this
(i) we reserve the right to use different moulds, settings, sparkles and/or accents depending on availability. We would not swap precious stones or ring sizes
(j) flowers, petals and leaves will lose their colour over time just as any pressed flowers would
(k) resin may change colour over time especially if our care instructions are not followed. Look at any vintage plastic jewellery and you will see the change in colour

If you encounter any of these and you feel it spoils your piece please send us a sharp photo and we may offer to remake the piece.

6. Rings
(a) All rings are handmade. It is the client’s responsibility to tell us the size they want. If you provide the wrong size then we will try our best to resize the ring free of charge but you are liable for all postage charges. If we are unable to resize the ring we will charge you a fee to remake the ring from scratch.
(b) if we have made the ring to the incorrect size then we will cover postage charges for resizing and if necessary remake the ring from scratch. Please see 3.5 above in regards to sending irreplaceable elements: we do not work with elements that are irreplaceable so this should never be the case. By ordering you are agreeing to send enough for a piece and retain enough for remakes if necessary. With breastmilk we will retain milk for around two years and you should also retain milk yourself in the freezer.
(c) we are usually able to resize the rings up by at least one size easily. We are unable to make them smaller. They cannot be soldered if they have resin in them.
(d) If you supplied the wrong size and need a smaller ring then you will be charged a fee to remake it.
(e) Wider ring bands such as our stamped/textured/shiny/brushed/tree bark/python skin and metal clay bands may need to be a little bigger to fit over your knuckle. It is your responsibility to supply the correct ring size. We are happy to advise prior to your order
(f) if you think we have made the wrong size please let us know so we can send you a ring mandrel for you to photograph the ring on.
(f) Point 5.3(f) explains that you may see solder marks and scratches on metal pieces. Our rings may show joins and slight colour variation on the solder especially on copper and rose gold rings (where available)
(g) Due to measuring tolerance, our rings may be one UK size larger or smaller than requested

British_hallmarks

7. Hallmarking

7.1 Our silver jewellery is usually exempt under the current British Law available to view here as it is under 7.6g in weight.

7.2 All gold settings under 1g will be unhallmarked. This includes pearls. Gold settings above 1g including our 14ct gold rings and pendants will be hallmarked by the Birmingham Assay Office with our Tree of Opals Makers Mark. For more information please see our hallmarking blog here.

8. Remake and Repairs Policy

8.1 (clarification, 15th November 2017) If we agree to a remake or goodwill refund you must return all relevant items before we can process it. Any remake or alteration is discretionary. We will book a repair slot for you which you can track as any other order. Remakes can take up to the length of any order but repairs tend to be quicker.

8.2 (clarification, 10th November 2017) Please see existing point 4.3 any returns will be at a client’s own cost. We recommend MyHermes who offer a tracked and signed service for £3.59. If you are disabled, impaired or housebound we can arrange a collection for you.

8.3 We will cover the cost of recorded return of the remake or repair to you. If you wish to upgrade this to Special Delivery or Tracked this will be at your own cost.

9. Copyright notice

9.1 Copyright (c) 2017 Tree of Opals.

9.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

9.3 We own the copyright to all and any images or other media taken of clients’ elements and/or jewellery or any other item in our posession. We may use these media for any purpose, including but not limited to, advertising, social media, Facebook, Instagram, Tumblr, Twitter, printed material etc.

10. Licence to use website

10.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our shop by means of a web browser,

subject to the other provisions of these terms and conditions.

10.2 Except as expressly permitted by Section 10.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

10.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

10.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

10.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

10.6 Notwithstanding Section 10.5, you may redistribute our catalogue in print and electronic form to any person.

10.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

11. Acceptable use

11.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

11.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

11.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

12. Registration and accounts

12.1 To be eligible for an individual account on our website under this Section 12, you must be at least 18 years of age.

12.2 You may register for an account with our website by completing and submitting the account registration form on My Account

12.3 You must not allow any other person to use your account to access the website.

12.4 You must notify us by email immediately if you become aware of any unauthorised use of your account.

12.5 You must not use any other person’s account to access the website.

12.6 (addition, 15th November 2017) To give another person the ability to speak with us about an order please give us written permission by email to info.treeofopals@gmail.com something along the lines of “I [name] hereby give permission for [name] (optional: known as [name] on Facebook), (optional: email address [address]) to have third party access to my account”

13. User IDs and passwords

13.1 When you order you must create an account. If you register for an account with our website, you will be asked to choose a user ID and password.

13.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.

13.3 You must keep your password confidential.

13.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

13.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

14. Cancellation and suspension of account

14.1 We may:

(a) suspend your account;

(b) cancel your account; and

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

14.2 You may cancel your account on our website using your account control panel on the website.

15. Your content: licence

15.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media your content on and in relation to this website. Clarification November 2016: this means that we can use images of our work in any way we like.

15.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

15.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

15.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

  1. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

12.1 Nothing in a contract under 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.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 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.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers 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).

  1. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 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.

  1. Severability

16.1 If a provision of a contract under 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.

16.2 If any unlawful and/or unenforceable provision of a contract under 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.

  1. Third party rights

17.1 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.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

19.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

20.1 We are members of a non registered keepsake artist trade association.

  1. Our details

24.1 This website is owned and operated by Tree of Opals Limited.

24.2 We are registered in England and Wales, and our registered office is at 1 Akeman Way, Shirehampton, Bristol, BS11 9NU (please do not use this address to send elements, instead fill in the form on the Sending Elements page).

21.3 Our principal place of business is at 1 Akeman Way, Shirehampton, Bristol, BS11 9NU (please do not use this address to send elements, instead fill in the form on the Sending Elements page).

24.4 You can contact us by writing to the business address given above, by using our website contact form, by email to info@treeofopals.com

Competition and Promotions Terms and Conditions

1. The promoter is: Tree Of Opals whose registered office is at 1 Akeman Way, Shirehampton, Bristol, BS11 9NU (please do not use this address to send elements, instead fill in the form on the Sending Elements page).

2. Employees of Tree Of Opals or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.

3. There is no entry fee and no purchase necessary to enter this competition.

4. Route to entry for the competition and details of how to enter are via http://www.facebook.com/treeofopals/

5. Closing date for entry will be stated at http://www.facebook.com/treeofopals/. After this date the no further entries to the competition will be permitted.

6. No responsibility can be accepted for entries not received for whatever reason.

7. The rules of the competition and the prize for each winner are as follows: Further information can be found at: http://www.facebook.com/treeofopals/

8. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

9. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

10. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

11. Winners will be chosen:

  1. At random by software provided by http://www.random.org/

12. The winner will be notified by private message within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

13. The promoter will notify the winner how they may claim their prize.

14. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

15. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

16. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

17. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

18. The winner’s name will be available at http://www.facebook.com/treeofopals/

19. Entry into the competition will be deemed as acceptance of these terms and conditions.

20. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Tree Of Opals Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found above.

21. Open to all but winner pays postage

25. Black Friday Weekend and Cyber Monday 2017

Black Friday and Cyber Monday 2017


CYBERMONDAYFREEBIE only one coupon per item of keepsake jewellery, i.e. if you purchase one pair of cremation ash cufflinks and one lock of hair ring you may choose two slim stacking rings or one wide band stamped stacking ring and one necklace washer. If you overuse the coupon we reserve the right to cancel any order or remove free items.

CYBERMONDAYTEN is 10% off any accessories, not including any free accessories with other coupons. This includes necklace chain upgrades, stacking ring sets, bangles and other extras. It does not include keepsake jewellery using your own elements. It will work with items already on sale such as the premade items and gemstone stacking rings.

We reserve the right to end the coupons any time we choose and can finish the sale early. We may alter or amend any order as we see fit.

Our sale starts Saturday 18th November 2017 at 12:00 GMT and ends on Monday 27th November 2017 at 11.59pm although we reserve the right to end the sale early as we see fit. Discount is 20% off and can be removed by us at any time with an order cancelled. It cannot be applied to other discounts, websites, affiliate products or at any point after the sale date. It does not apply to gift vouchers although gift vouchers may be used to pay for an item in the sale.

Copyright notice

  1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

  1. Copyright notice

2.1 Copyright © 2016 Tree of Opals.

2.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Copyright licence

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our shop by means of a web browser,

subject to the other provisions of this notice.

3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

  1. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

  1. Report abuse

5.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

5.2 You can let us know [by email or by using our abuse reporting form].

  1. Enforcement of copyright

6.1 We take the protection of our copyright very seriously.

6.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

  1. Permissions

7.1 You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.

Privacy and Cookies Policy

  1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

  1. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

  1. Collecting personal information

3.1 We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information that you provide to us when registering with our website (including your email address);

(c) information that you provide when completing your profile on our website (including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details);

(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(e) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services;

(f) information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details);

(g) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);

(h) information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication);

(i) any other personal information that you choose to send to us.

3.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

  1. Using personal information

4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2 We may use your personal information to:

(a) administer our website and business;

(b) personalise our website for you;

(c) enable your use of the services available on our website;

(d) send you goods purchased through our website;

(e) supply to you services purchased through our website;

(f) send statements, invoices and payment reminders to you, and collect payments from you;

(g) send you non-marketing commercial communications;

(h) send you email notifications that you have specifically requested;

(i) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(j) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(k) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);

(l) deal with enquiries and complaints made by or about you relating to our website;

(m) keep our website secure and prevent fraud;

(n) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service).

4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

4.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

4.6 All our website financial transactions are handled through our payment services provider, PayPal. You can review the provider’s privacy policy at www.paypal.com. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

  1. Disclosing personal information

5.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

5.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

5.3 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

5.4 Except as provided in this policy, we will not provide your personal information to third parties.

  1. International data transfers

6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.

6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4 You expressly agree to the transfers of personal information described in this Section 6.

  1. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

  1. Security of personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

  1. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website.

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

9.3 We may notify you of changes to this policy by email.

  1. Your rights

10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP 10); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

10.2 We may withhold personal information that you request to the extent permitted by law.

10.3 You may instruct us at any time not to process your personal information for marketing purposes.

10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

  1. Third party websites

11.1 Our website includes hyperlinks to, and details of, third party websites.

11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

  1. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

  1. Cookies

13.1 Our website uses cookies.

13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5 We use both session and persistent cookies on our website.

13.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use Jetpack on our website to recognise a computer when a user visits the website / track users as they navigate the website / enable the use of a shopping cart on the website / improve the website’s usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user / target advertisements which may be of particular interest to specific users;

13.7 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b) in Firefox (version 36) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c) in Chrome (version 41), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

13.8 Blocking all cookies will have a negative impact upon the usability of many websites.

13.9 If you block cookies, you will not be able to use all the features on our website.

13.10 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 36), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c) in Chrome (version 41), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.

13.11 Deleting cookies will have a negative impact on the usability of many websites.

  1. Data protection registration

14.1 We are not registered as a data controller with the UK Information Commissioner’s Office.

  1. Our details

15.1 This website is owned and operated by Tree of Opals Limited.

15.2 We are registered in England and Wales, and our registered office is at 1 Akeman Way, Shirehampton, Bristol, BS11 9NU (please do not use this address to send elements, instead fill in the form on the Sending Elements page).

15.3 Our principal place of business is at 1 Akeman Way, Shirehampton, Bristol, BS11 9NU (please do not use this address to send elements, instead fill in the form on the Sending Elements page).

15.4 You can contact us by writing to Mx.Nicola Kamminga at the business address given above, or by email to info@treeofopals.com

Now you’ve read them all you get a lollipop. It’s only a photo though, sorry. It’s a candycane for the holidays

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