Terms and Conditions
Here's the legal bit. We know you'd rather be spending time finding your perfect item of jewellery but we need to have these in place for everyone's peace of mind.
Please do read our terms and conditions as we want you to be happy before placing any orders with us. You'll be asked to confirm this when you make a purchase.
If you do have any queries regarding our T&Cs then please contact us.
Terms of Supply
These are the terms of supply for www.tamsinfrancesca.co.uk (Site). The Site is operated by Tamsin Francesca (we, us and our).
We reserve the right to change these terms from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms were last updated on 21 December 2020.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Confirm Order" button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept you order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between you and us in relation to the Products ordered (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time, not exceeding 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order. Please note that orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by Royal Mail and their Special Delivery Service or our nominated secure courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. Deliveries will be made to your door.
Delivery outside the United Kingdom
If you order Products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Risk and Title
Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
Price and Payment
The price of Products is as quoted on the Site from time to time.
Tamsin Francesca is not VAT registered and as such does not charge VAT on any goods or services.
Prices exclude delivery costs, which will be added (as shown) to the total amount due once you have selected your chosen delivery service.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
You may cancel a Contract at any time before your order is delivered and up to seven working days afterwards, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below).
To cancel a Contract, you must contact us, giving us your name, address and order reference. You must also return the Products to us within seven days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration from you.
To return the Products, you must obtain a returns reference from us (which we will give you when you contact us to cancel the Contract), package the parcel securely (making sure you include a note of your name, address and returns number inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail, to the following address: 12 Cornmead, Welwyn Garden City AL8 7QR
We advise that you take out enough postal insurance to cover the value of the contents.
Nothing in this section affects your legal rights.
Our Refunds Policy
If you cancel a Contract between us within the seven-day cooling-off period (see above) and return your order to us, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the Product in full, including the cost of delivery (subject to any discounts applied at the time of ordering - see below). However, you will be responsible for the cost of returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Bespoke commissions are not eligible for return or refund unless there is a manufacturing fault or the finished piece is significantly different to the agreed design. This condition is agreed to and clearly stated at the time of ordering. Any and all bespoke commission designs must be signed off my the customer before any manufacturing takes place.
Refund policy on discounted orders/products
If you applied a discount voucher to your order and in the event of part of the order being returned, the value of the discount applied to that order will be recalculated according to the requirements of use for that particular discount voucher.
If a minimum spend applied to the original order in order to qualify for a discount, and a refund of a returned item means that the original discount would not apply, the amount refunded to the customer will be adjusted to reflect this.
If any Product you order is damaged or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (see Contacting us).
Nothing in these terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
Any liability we do have for losses you suffer arising from any Contract is strictly limited to the purchase price of the relevant Products and any losses which are foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in English only and that no public filing requirements apply.
These terms shall be governed by English law, and you agree that any dispute between us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. Any products or services you order from the Site are supplied subject to our terms of supply.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 21 December 2020.
Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Tamsin Francesca holds intellectual property rights for all the designs and products and services listed on the site (www.tamsinfrancesca.co.uk). None of these may be reproduced or copied at any time, for any purpose.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except to the extent that our terms of supply apply, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Your personal information
The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.