Terms and Conditions
Please read all of this page. It is unfortunate when we receive complaints to say “I didn’t know” when the information is below. We are checking with you twice on the checkout that you read these. They are very important. DO NOT TICK THE BOX UNTIL YOU HAVE READ AND UNDERSTOOD THIS PAGE. If you have an impairment, difficulty reading, or any disability that affects your judgement or understanding then please ask for help from a friend or contact us for help. We understand that grief can be a confusing time but please understand that most of our clients are grieving. If you are grieving so much that you are unable to read these, then we respectfully ask you not to order at this time. If you do not understand and fully accept these T’s and C’s then it is not the right time to order.
Keep a copy of these for your records (click print, then save as PDF). When I make changes I keep back copies.
Keepsaker Ltd trading as Tree of Opals
Current lead time estimate: sixteen weeks for new orders (see section 8 below for maximum and terms), please keep an eye on our FAQ’s. Cutoff for Christmas orders was Monday 14th Nov (now passed), so if you need your order in time for Christmas please contact us first! We will ship all Christmas orders by Thursday 15th Dec. Please note, if you are outside the UK please contact us to see if Christmas delivery is possible before ordering as we will need to arrange for you to post to us without a kit. All orders placed before this notice was given will be shipped first (orders placed in early 2022) before we start on Christmas orders. If you order after the deadline, or do not send your kit back in time, your order cannot be guaranteed in time for Christmas. If you would prefer to DIY then please see Keepsaker Supplies.
Kits for ashes/hair/cord: Sending Page
Questions: FAQ page here
Queries/Complaints: contact us page (section 7 below for formal complaints)
Cutoff for Christmas orders is Monday 14th Nov, all kits will be sent out by Weds 16th November. We will need all kits returned to us with your elements (breastmilk, ashes, hair etc) by Tuesday 22nd Nov. We will ship all orders by Thursday 15th Dec. Please note, if you are outside the UK please contact us to see if Christmas delivery is possible before ordering as we will need to arrange for you to post to us without a kit. All orders placed before this notice was given will be shipped first (orders placed in early 2022) before we start on Christmas orders. If you order after the deadline, or do not send your kit back in time, your order cannot be guaranteed in time for Christmas.
1.1 These terms and conditions shall govern the sale and purchase of products through our website
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).
1.4 Please see the Royal Mail FAQ’s here for more information and amendments due to the coronavirus. Please note that we are unable to take responsibility for items lost in the post, neither being sent to us nor from us, nor for any delays in postage once it has left our possession, however we will always try our best to help locate them and will replace any orders lost in the post. You may need to send more milk/ashes etc if a kit or order is lost in the post. Please see our Sending Page for advice on posting during the global pandemic. If in any doubt, please do not order at this time.
2.1 In these terms and conditions:
(a) “we” or “I” means Keepsaker Ltd trading as Tree of Opals; and
(b) “you” means our customer or prospective customer, and “us”, “my”, “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.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: add the products to your shopping cart with all details in the comments, proceed to cart and choose shipping method, proceed to checkout; if you are a new customer, you must then create an account with us; if you are an existing customer, you must enter your login details; 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. Please check your junk mailbox.
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 email@example.com within one hour
3.5 Sales may be withdrawn by us at any time. Please see our sales policy.
3.6 Conversations taking place via email, telephone, social media or other means do not constitute order notes. All notes must be put on the order comments otherwise the pieces will be made as standard without any discussed variations. If you forget to add notes please tell us by email within one hour and we will amend your order. You must confirm the changes are correct. We do not accept changes to an order after this.
3.7 Artistic Discretion
Elements (ashes etc), colour, engraving etc. will be placed at the artists’ discretion unless previously agreed and requested on the order when ordering; in this case, we will do our best but still retain artistic discretion. If you have agreed to or asked for something not standard then you must make a note on your order (see 3.6). Ring engraving and stamping is done on the inside of the band (silver) or outside of the band (gold) and in Arial font unless otherwise requested.
Some features you should expect to find in our handmade jewellery include and are not limited to:
(a) Air bubbles in resin and glass 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 and glass jewellery and air bubbles will not be classed as faults
(b) We often find fibres in locks of hair and other elements 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. Galleries are available for guidance
(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 cremation ashes including white, grey, black and brown etc, our resin sparkle mixes are handmade, and the light levels used in our photography may vary, as may screen monitor colours.
(ii) Locks of hair may be transparent, white, blonde, red or dark and it depends on the hair you send us. Most “white” hair is in fact clear and is not visible in resin (see the galleries), and other locks of hair may be hard to see. Texture varies infinitely too and affect hair placement. These are out of control. If in any doubt, please do not order at this time.
(d) our nine resin colours (sparkle mixes) may vary slightly as batches are mixed from time to time using artistic discretion. Each colour will be unique depending on your elements (see 3.7c). Our glass colours are new and evolving, so will definitely change over time.
(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. The silver is not rhodium plated and will mark if scratched as with most handmade silver jewellery that is not mass-produced. Brushed effect metal may be more susceptible to scratches.
(f) Rings may be up to one UK ring size (half a US ring size) smaller or larger than requested due to ring sizing mandrel tolerances, how far the ring is pushed down the sizer, the method of sizing and how the sizer is read. Rings can be easily stretched so if in doubt choose a half size smaller than needed. Please note, you may decide to go down a half UK ring size (quarter US ring size) for comfort fit bands such as the bubble, twist, classic, Ayla rings, as they are easier to get on due to the rounded inner side. For wide band rings such as 3mm or 6mm flat bands, we recommend going up one UK ring size (half a US ring size) to account for the extra width which compresses a larger area of the finger, and makes the ring feel tighter.
3.8 Proof photos
We sometimes make several resin pieces (blanks) and may send proof photos for your consideration 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. We may not send proof photos, and if we do we may not use your preference. Proof photos are low quality images meant as a guide as a goodwill gesture and are not part of the service. They are an extra we may provide when able.
If an order is on hold pending reply from a proof photo for more than 24 hours, we may not be able to complete the order in time for a priority order or deadline such as Christmas delivery. We may send anyway without your feedback if working to a deadline.
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. 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. Our precious metal jewellery, silver, gold, platinum or palladium is all hallmarked at the Birmingham Assay Office excluding pieces under the exemption weights – please see the dealer’s notice here. Please see individual listings to find out if an item is hallmarked or under the exemption weight.
4.1 The following types of products are or may be available on our website from time to time:
a) customised items containing clients’ own elements (for example cremation ashes) – no cancellation/refund even if items are not to your satisfaction as cannot be returned
b) customised items without clients’ own elements (for example engraved jewellery, rings made to size) – no cancellation but can be returned if they are not satisfactory
c) non customised items designed to be mixed with a customer’s own items (such as urns) – cannot be returned for hygiene reasons
d) and non customised items (for example necklace upgrades) – can be returned within 28 days
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 returned for being “not of satisfactory quality/fit for purpose/as described” if it contains materials supplied by the customer Eg ashes/hair/cord and other elements sent to us. 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.
4.3 Images – we retain ownership of all images and videos of work we have undertaken and items produced. We reserve the right to use these images in the following ways (not limited to): our websites, sales channels, YouTube and social media, selling images and videos, editing including changing over features and identifying artistic work such as engraving. Images and videos may be sold on our websites for use by third parties to advertise their own services (stock images) for any company part of the Keepsaker Ltd umbrella including Keepsaker Supplies. Please contact us prior to payment and ordering if you do not wish for images to be used in this way. Images and videos cannot be unpublished due to third party distribution. Distributing our stock images and filming tutorials allows other artists to make a living and we are very grateful to all who allow us film their orders being made for their education.
4.4 Vegan – where possible, all of the items for sale on our website are vegan and all of the tools used are animal free. We are unable to be 100% vegan, for example some of the tools contain leather or animal glue and there is no vegan alternative. Even the electronics are likely to contain animal glue. Where there is no vegan tool available or we already own a tool with leather, for example, we will use that rather than purchase a less sustainable plastic option.
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.
5.7 Included in the cost of a kit for UK customers is a first class large letter stamp, which is sent within the kit. If you choose Recorded or Special Delivery, this refers to the shipping of your completed order, and does not apply to the kit. You may upgrade the kit return and we recommend you choose Special Delivery if you would like to track the kit. Non UK customers are wholly responsible for the cost of returning kits to us.
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
7.1 If you wish to complain or have an issue with an order, please email firstname.lastname@example.org 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.
8.1 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 (increased June 2021 from four months due to personal circumstances of our artist and a move of premises) following the later of receipt of payment and the receipt of 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 four 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 six 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
(a) 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) and a priority order slot paid for with the agreed dates in the comments
(b) If an order is on hold pending reply from a proof photo for more than 24 hours, we may not be able to complete the order in time for a priority order or deadline such as Christmas delivery. This does not entitle you to a refund for the priority slot or the order
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.
(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
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, 99 Alexandra Road, Newport, NP20 2JF, 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.
9.10 A priority order slot is non-refundable. If you don’t send in your elements in the agreed time, you will not get a refund. This is because we can only allocate a small amount of priority orders at a time and by booking a priority order slot we may have to deny someone else the slot. We may book extra childcare and usually begin work on the metal settings immediately so that they are ready for when the elements arrive. If you don’t send in your cremation ashes/hair etc in time, we cannot resell the slot as it has already passed. You are responsible for making sure you send in time and we recommend you get a Special Delivery tracking number and let us know so that we can check for it ASAP.
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.
15.1 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).
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.
17.1 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.
19.1 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 Keepsaker Ltd trading as Tree of Opals.
24.2 We are registered in England and Wales as a limited company (limited corporation) and our CEO is Mx Nicola Kamminga, systems director is Mr Hakun Kamminga
24.4 You can contact us by email, using email@example.com