These terms and conditions provide information about us and the legal terms and conditions on which we sell any of the products listed on our website (“Website”) or sold to you through our custom commissions service.
These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract between you and us for the products (“Contract”), what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
We may amend these terms from time to time without notice. Every time you wish to order products, please check the terms to ensure you understand the terms which will apply at that time.
1 Information about us and how to contact us
- 1.1 We are Jane Lunzer Limited a company registered in England and Wales. Our company registration number is 12076046 and our registered office is C/O Mclarens, Penhurst House, 352-356 Battersea Park Road, London, United Kingdom, SW11 3BY.
- 1.2 To contact us, please use the details on the ‘Contact’ page on our Website.
- 1.3 If we have to contact you we will do so at our option using the telephone number, email address or other contact details you provided to us.
2 The Order
- 2.1 Order on our Website: To make a purchase through our Website you must follow our order and checkout path online. Our acceptance of your order will take place when we email you to accept it, at which point the Contract will come into existence between you and us.
- 2.2 Order for custom, bespoke or made to order items (“Custom Items”): For Custom Items, we may provide you with an order confirmation form, in which case when you accept this (in writing or by making any payment in relation to the order) the Contract will come into existence between you and us.
- 2.3 If we are unable to accept or fulfil your order, we will inform you of this and will not charge you for the product. This might be because the item is out of stock, because we have identified an error in the price or description of the item or we are unable to make a delivery deadline.
- 2.4 You must be aged 18 or over to make any purchases from us.
3 Our Items
- 3.1 Products may vary slightly from their pictures. The images of the items on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the items. Your item may vary slightly from those images.
- 3.2 Although we have made every effort to be as accurate as possible, because our items are handmade, any sizes, weights, capacities, dimensions and measurements indicated on our Website or in a product description are not precise and may be subject to some variation.
- 3.3 The packaging of the item may vary from that shown in images on our Website.
- 3.4 If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our Website or by contacting us.
4 Your rights to make changes
- 4.1 If you wish to make a change to the item you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the item, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- 4.2 We retain the right to implement minor technical adjustments and improvements to the items. If we make such changes to an item you have ordered we will let you know.
5 Custom items
5.1 Where you have commissioned us to design and create a Custom Item, the following terms will also apply.
- 5.1.1 All designs remain our intellectual property and may not be copied or reproduced by anybody other than us.
- 5.1.2 Once a Custom Item has been agreed in principle you will need to pay a non-refundable deposit of 50% of the final cost of the item (or such other sum as we specify) for the commission to proceed.
- 5.1.3 If any precious stones or materials for the Custom Item exceed 50% of the overall cost you shall pay the full cost of the precious stones or materials as the deposit.
- 5.1.4 Payment in full is required before we make any delivery of Custom Items.
- 5.1.5 If during the process of creating the Custom Item, you request alterations in the design or materials or sizing of the item, this may incur extra costs, but we will notify you of these in advance.
- 5.1.6 We may need certain information from you so that we can supply the items to you, for example, detailed measurements or instruction as to preferred materials. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the items late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- 5.1.7 Please note that when you order a Custom Item from us your cancellation rights will be affected.
- 6.1 The prices paid for items include the costs of delivery both within the UK and overseas unless we specify otherwise.
- 6.2 We shall email you with an indication of likely delivery time and a tracking number for your order after dispatch.
- 6.3 We will deliver any items to the address that you supply as soon as reasonably possible once the order is completed, or we will contact you to agree a delivery date. You must notify us if a delivery date is likely to present a problem.
- 6.4 You must ensure that someone is available to take delivery at the time specified in the order process. If no one is available at your address to take delivery, we may at our option charge you any further delivery costs.
- 6.5 We may charge you the cost of any tariffs, taxes and duties and any other costs imposed in the course of delivery. We are not responsible for any import costs, and you may be contacted directly by the relevant authorities to pay these.
- 6.6 We are not responsible for delays outside our control. If our supply of the items is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received.
- 6.7 An item will be your responsibility from the time we deliver the product to the address that you supply.
7 Cancellation and returns
- 7.1 Your right to cancel. You have a right to change your mind and cancel your order within 14 days of receiving it (unless you have ordered a Custom Item) subject to related clauses.
- 7.1.1 To cancel, please use the contact details at the footer of this website. Alternatively you may use the Model Cancellation Form included at the end of these terms.
- 7.1.2 After you have cancelled your order, you must return the products to us within 14 days of cancellation.
- 7.1.3 Unless the product is faulty or misdescribed, you are responsible for the costs of returning the product to us.
- 7.2 For all returns, we would ask that you:
- 7.2.1 Contact us using the details at our Contact page to let us know you intend to return your items so that we can issue you with a returns Authorisation Email;
- 7.2.2 Return the item in accordance with the terms in the Authorisation Email; and
- 7.2.3 Send the item along with the printed original invoice and printed authorisation email in the securely sealed original packaging.
- 7.3 UK returns: when returning an item within the UK you must:
- 7.3.1 If the item has a value of under £2000 return through Royal Mail Special Delivery;
- 7.3.2 If the item has a value over £2000 return through a courier service;
- 7.3.3 Ensure that you have obtained delivery insurance for the full value of the item.
- 7.4 Returns from outside the UK: when returning a product outside the UK you must:
- 7.4.1 Return the item through our FedEx account or through a reliable courier service.
- 7.4.2 Ensure that you have obtained delivery insurance for the full value of the item.
- 7.5 You will lose your right to cancel if:
- 7.5.1 you have removed any security tags from the item if present;
- 7.5.2 you have worn the item if it is an earring or other body piercing (for hygiene reasons),
- 7.5.3 you have not complied with any item care instructions we may have provided,
- 7.5.4 the item you have ordered is a Custom Item.
- 7.6 If you have altered, scuffed or damaged the item, we may need to make a deduction from your refund to reflect the reduction in value of the item.
- 7.7 When we have received the returned item(s) we will refund the amount due to your card or to the bank account from which you transferred the monies. Any return delivery charges that we have paid on your behalf will be deducted from the refundable amount.
- 7.8 If you wish to exchange the item, please contact us via the details provided on our ‘Contact’ page to let us know your preferred item. Any such exchange will be at our discretion and will not be carried out before we have received your returned item.
- 7.9 If you let us know about a fault with your order, we may need you to provide evidence of the fault, and we may need to carry out an inspection of the item. We will also review the fault against any evidence regarding what condition your order was in at the point of delivery.
- 7.10 If a faulty item needs to be returned, we will pay for its return.
- 7.11 We may cancel your order if you break the terms of the Contract. We may end the Contracts for an item at any time by writing to you if:
- 7.11.1 you do not make any payment to us when it is due;
- 7.11.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the products; or
- 7.11.3 you do not, within a reasonable time, allow us to deliver the items to you.
- 7.12 We may otherwise cancel your order if:
- 7.12.1 we have insufficient stock to deliver the item you have ordered;
- 7.12.2 we do not deliver to your country or area within your country;
- 7.12.3 the item you ordered was listed at an incorrect price.
- 7.13 If we do cancel your order and this Contract we will notify you by email and will endeavour to refund you as soon as is reasonably possible but within 14 days in any event.
8 If There Is A Problem With The Item
- 8.1 If you have any questions or complaints about the item, please contact us.
- 8.2 We are under a legal duty to supply items that comply with our Contract with you. The items we sell you must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
- 8.3 If you let us know about a fault with your item, we may need you to provide evidence of the fault and return the item. We will review the fault against any evidence regarding the condition the item was in at the point of delivery and against any item care instructions that we may have provided.
- 8.4 If a faulty item needs to be returned, we will pay for its return.
- 9.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 9.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the products.
10 Price and Payment
- 10.1 The price of the item (which includes VAT if applicable) will be:
- 10.1.1 For Custom Items or items not purchased through our website, the price we agree with you; and
- 10.1.2 For items purchased through our Website, the price indicated on our online shop. We take reasonable care to ensure that the price of the item advised to you is correct.
- 10.2 The prices for all our items are in UK Pounds Sterling (GBP) unless we agree otherwise in writing. If you purchase an item from overseas, international currency fluctuations may alter the amount you are eventually billed, which will be determined by your bank or credit card provider.
- 10.3 We will pass on changes in the rate of VAT (if applicable). If the rate of VAT changes between your order date and the date we supply the item, we will adjust the rate of VAT that you pay, unless you have already paid for the item in full before the change in the rate of VAT takes effect.
- 10.4 The price of any item is the price in place at the date and time of your order. The price may increase or decrease at a later date but this will not affect your order. At the time of order, your payment will secure the current price of the item you order only.
- 10.5 Prices displayed online are for online purchases only, and are not guaranteed for sales through any other method.
10.6 What happens if we got the price wrong:
- 10.6.1 We will normally check prices before accepting your order so that, where the item's correct price at your order date is less than our stated price at your order date, we will charge the lower amount.
- 10.6.2 If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- 10.6.3 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you]
10.7 We accept payment through the methods set out in our order process and only in GBP. You must pay any items in full before we dispatch them. We will not charge your credit or debit card until we accept your order.
11 How we may use your personal information
- 11.1 Your personal information is used as set out in our Privacy Notice which can be accessed here.
- 12.1 Events outside of our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is cause by events outside of our control.
- 12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 12.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 12.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 12.6 Which laws apply to this contract. This Contract is governed by English law.
- 12.7 Where you may bring legal proceedings. You agree to only bring any legal proceedings in respect of this Contract in the courts of England and Wales. This does not affect your rights as a consumer under any applicable law if that law does not allow this restriction.