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TERMS & CONDITIONS

These terms of use (‘Terms’) apply to the website (‘Site’). Please read them carefully. By accessing and using the Site you agree to be legally bound by these terms. If you do not wish to accept these Terms, then please do not use the Site.

1. ABOUT US

The Site is provided by sole trader Mr Stephen Thomas trading as Marchbank Jewellery, 6 Cheap Street, Frome, BA11 1BN, Somerset, United Kingdom in conjunction with Squarespace.com.

2. THE SITE

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

3. REGISTRATION PROCESS

(a) You must register with the Site in order to purchase products from the Company.

(b) When you register, we ask you to provide certain information about yourself that is true, accurate, and up to date.

(c) For details of how we use this information, please see our Privacy Policy.

(d) You can cancel your registration at any time by contacting marchbankdesign@aol.com

(e) When you have completed the registration process you will be able to purchase products from the Site.

4. PRIVACY POLICY

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

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

·      When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.

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

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

·      processing your orders

·      to administer this Website

·      for statistical purposes to improve this Website and its services to you;

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

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

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

5. FORMATION OF CONTRACTS

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

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

(c) The contract is subject to your right of cancellation as a consumer (see 9(a) below).

6. DESCRIPTION, SPECIFICATION AND PRICE OF GOODS

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

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

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

7. PAYMENT

(a) Payment for the goods and delivery charges can be made by any method shown on the Site at the time you place your order.

(b) The Company will accept payment in Pound Sterling (GBP) only.

(c)  Upon checkout, you will be notified of any delivery and shipping charges you may be liable to pay.

(d) All payments are made to and processed by the Company using Stripe. For more information please see https://stripe.com/gb  

8. DELIVERY

(a) The goods you order will be delivered to the address you give when you place your order, subject to confirmation by the Company.

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

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

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

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

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

9. YOUR RIGHT OF CANCELLATION - RETURNS

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

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

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

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

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

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

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

10. USE OF THE SITE

(a) You may access the Site solely for your own personal use. You must not use any content provided on the Site for any illegal purpose.

(b) In particular, you may not use the Site for any of the following purposes:

(i) disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;

(ii) transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;

(iii) interfering with any other person’s use of the Site; or

(iv) making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

(c) If you breach this provision, you will be responsible for any losses and costs resulting from your breach.

(d) We may terminate your use of the Site with immediate effect if you breach any of these Terms.

(e) If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. You will not be able to purchase from the site if you are outside the UK.

11. SERVICE ACCESS

(a) While we try to ensure that the Site is normally available 24 hours a day, we cannot be held responsible if for any reason the Site is unavailable at any time or for any period.

(b) We reserve the right to suspend access to the Site at any time for operational, regulatory, legal or other reasons.

(c) Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

(d) Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.

(e) You are responsible for obtaining Internet access to the Site from where you are in order to use the Site. We cannot be held responsible for your failure to access the Site from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) are your responsibility.

(f) Owing to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Site.

(g) While we try to use all reasonable care in providing access to the Site, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Site.

12. INTELLECTUAL PROPERTY RIGHTS

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

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

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

13. DISCLAIMER OF LIABILITY

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

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

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

(iii) any unforeseeable losses or damages.

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

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

14. COOKIES

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

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

15. GOVERNING LAW AND JURISDICTION

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

16. SHOP WITH US ONLINE IN THE UK!

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

UK Customers have the choice to purchase through the website or order over the phone directly and pay using our secure Credit Card machine in the Frome shop when you collect. 

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

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

17. POSTAGE

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

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

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

For example a Small Packet (from 100g up to 500g in weight) valued at £0 – £500 = Special Delivery plus our protective packaging would be £8.45p

This means that there is a minimum postage and packing fee of £8.45p. If you are buying multiple items we will package these together to save you costs on postage, so long as the weight does not exceed 500g.

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

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

We will send you an email confirming when your item/s have been posted with the Postage Reference Number for your information.

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

18. CONTACT DETAILS

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

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