Terms and Conditions

These terms and conditions relate to all and any agreement between us when you buy products and/or services from us at our website http://www.catherineamesbury.co.uk/. Details of what we will supply and the price will be in an e-mail sent to you by us at the time you order - the “order e-mail”. In certain commissioning cases this may be contained in a “commission order” document or e-mail.

DEFINITIONS:

“We” are  Catherine Amesbury Ltd   who's registered office is at 11 Seymour Road, Bishopston, Bristol, BS7 9HR, England a company registered in England & Wales registration number 05040508

“Goods” or “Products” means items supplied as detailed on the order e-mail or commission order, and refers to any item that we have available for sale.“Commissioning” means products the services we provide to you, such as the design, making, adapting or altering of jewellery for you, using either materials we supply or materials supplied by you and the completed product as a result of that commissioning service.

“Materials” means the component parts which make up our products such as charms, stones, suede etc. This may also include any materials which you supply to us, for example an item of jewellery you require us to redesign, adapt or alter.

“Services” means anything we do on your behalf as detailed on the order e-mail, commission order or agreed in writing with you, such as redesigning, adapting or altering a piece of jewellery.

“Consumer” means anyone purchasing not in the course of a business. We do not intend to affect a consumer’s statutory rights.

1 Abide By Terms

(1) By making use of our website, organisation, products and services you will be deemed to be aged 18 or over, are not under any disability which would impair judgement or use of the site or products and services, that you have read and understood these terms and conditions and agree to be bound by them. If you are entering into an agreement on behalf of another person or an organisation you confirm that you have the legal right to do so.
(2) For materials which you send to us you confirm that you are the legal owner with full rights to use those materials in this way.

2 Products
(1) Products and services are subject to availability and are offered with information provided to the best of our ability, based on available information and facts, including manufacturers’. Our opinions, statements, recommendations etc shall not form a guarantee or warranty and we make no representation about any product or services and you enter into this agreement with that understanding.
(2) We retain in full intellectual property rights in all products and services which we provide.

3 Supply
(1) Whilst we will use our reasonable endeavours to maintain access to our website and to supply any products and/or services, we shall not be responsible for any delay, failure to provide or any unavailability.
(2) We reserve the right to suspend any services and to substitute any person within our organisation, such as designer, where necessary.
(3) Materials which you send to us for us to provide services are sent entirely at your own risk. We always recommend that you use an insured and trackable method of posting. Furthermore whilst we will use our best endeavours to look after your materials you always retain ultimate responsibility and we advise that you always maintain an adequate, valid and current policy of insurance in respect of those materials.
(4) Whilst we take every care when working with any materials you supply you must be aware that
(a) We are not responsible for any loss or damage to your materials at any stage. Particularly antique jewellery can be prone to breakage etc.
(b) Once you have approved your design we are not responsible if you subsequently change your mind or do not like the finished product.

4 Ordering
(1) Products can be ordered on our website. 
(2) Orders are subject to acceptance by us and in accordance with these terms and conditions. Submission of an order or e-mail is not our acceptance or confirmation of your Order
(3) Upon receipt of your Order we will process your payment and check stock availability. If we are unable to supply the goods, we will inform you of this within 7 days and advise of when the goods will be available or make a refund. 
(4) Dispatch of goods to you is our acceptance of your order and denotes completion of our contract with you unless the order is cancelled or we have notified you otherwise
(5) For commissioning, unless you have our written agreement otherwise, a non-refundable deposit is payable by you before we commence any work.
(6) We reserve the right to suspend the supply of goods and/or services at any time, without notice. We also reserve the right to supply a substitute (this will be as close to the original item as possible) where necessary.

5 Payment
(1) The price of the goods you pay is as displayed on our website at the time of purchase or as contained in the commission order.
(2) We reserve the right to increase prices without prior notice, subject to 5(1) above.
(3) All prices are in GBP Sterling and include VAT (where applicable) but exclude other charges, unless expressly stated otherwise. Generally delivery is at the rate displayed on our website but you will be advised of any delivery charges before completing checkout. Goods can not be collected in person.
(4) Payment for goods for sale on our website must be made on placing an order by Paypal. We also accept payment by Bank Transfer Cheques or Postal Orders, Debit Cards or Credit Cards.
(5) Payment terms for commissioning is in accordance with the order e-mail or commission order as applicable, relating to those services.
(6) If you do not pay or there are any problems with your chosen method of payment then once you have ordered products and/or services you are still responsible for payment. If we do not receive payment within 7 days of the due date, then we will charge you 10% interest for each month or part thereof that the payment due, or any part of it, remains unpaid, until we receive full cleared payment.
(7) We deem payment received and cleared when it has been processed and either transferred to and reached our account or authorised by your payment provider as we, at our discretion, determine.
(8) Goods are dispatched when we have cleared payment. The title in any goods will not pass to you until we have received full cleared payment(7) For payment made via Paypal or any other third party/ third party services, you confirm your agreement to adhere to that third party’s user agreement

6 Dispatch
(1) Our time estimate for dispatch of most of the goods we have available for sale is within 14 working days from receipt of your cleared payment.
(2) However, due to the unique nature of some of our goods some items can take longer to dispatch. You should therefore always allow us a time estimate of at least 21 days from receipt of your cleared payment to dispatch your goods.
(3) If we find that it is likely to take longer than 21 days to dispatch your goods then we will e-mail you within 10 days from receipt of your cleared payment to try and provide you with at least some indication as to when we can dispatch your goods.
(4) Please note that we are unable to confirm the availability of stock or time estimate dispatch times before you have placed your order.
(5)When we send products to you we always use Royal Mail Special delivery. This service is trackable and insured subject to Royal mail’s terms and conditions which can be found at www.royalmail.com. Any compensation which Royal Mail pays in respect of loss or damaged items will be limited in accordance with those terms and conditions. We particularly draw your attention to this is respect of commissioning. We always recommend that you make your own arrangement with regard to collection of products as a result of commissioning from us, by arrangement with us.

7 Delivery
Any delivery charges quoted are for delivery to addresses in to mainland Britain. Please refer to our Delivery Policy.

8 Returns
In the very unlikely event that any goods are faulty or you need to return any product, you must follow our Returns Policy.

9 Website use
(1) Use of the website is at your own risk and by licence only for personal use and you acknowledge and agree that all copyright, and all other intellectual property rights in all content shall remain at all times vested in us or our licensors and you agree that you will not, nor will you assist any other person or organisation to, breach copyright in any way whatsoever.
(2) We can not guarantee that the provision of the website will be uninterrupted, secure or error-free nor free of viruses or anything which may affect use nor will we be held responsible or liable for such, including any effects such as data losses. The website is provided on an “as is” and “as available” basis.
(3) We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, including data, documents or any e-mail we send you.
(4) We have made every effort to ensure that products are displayed as accurately as possible but can not be responsible for variations. What you see depends on your monitor and settings and we can not guarantee this will be accurate. 

10 Liability Disclaimer 
(1) Products and services are offered with no warranty or guarantee other than any applicable manufacturer’s warranty or guarantee. 
(2) To the extent that the law allows we are not responsible for any loss, incidental or consequential damage, or loss arising out of purchase, any use, errors, mistakes, accident, theft or fraud, destruction, or any part of the supply of products and/or services or use of our website. (3) In the unlikely event that we would be held liable for anything whatsoever then, to the extent that the law allows, any aggregate liability whatsoever shall be limited to 100% of the amount paid by you for the products we supply and/or the price of our services (but not for the value of any materials you supply), involved in the incident or series of related incidents.(4) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of the our agents or employees(5) We take all reasonable precautions to keep order details secure, but we cannot be held liable for any losses caused as a result of unauthorised access to information you provided
(6) You are responsible for providing, accurate, correct and up-to-date information and we will not be held responsible for any losses whatsoever in this regard.(7) We do not intend to affect your statutory rights as a consumer

11 Responsibility and Misuse
(1) You agree that you will solely be responsible for your use of any products and services provided to you and that you will use the products and services legally and only for the purposes that they are intended to be used for and at all times in accordance with any manufacturer’s instructions, advice, suggestion and information and will not misuse them nor use them negligently.
(2) It is your responsibility to ensure that all products are suitable for your use.
(3) You specifically accept that appearance and life of any products will also be dependant on correct and effective use, storage, inspection and periodic routine cleaning and maintenance.
(4) Should the Suede on your Charm Pendant break within 6 months after the date of despatch then we will re-string free of charge but please follow our returns policy. You are responsible for payment for the cost of returning the Charm Pendant to us but we will be responsible for payment of returning the Charm Pendant back to you following the restring.
(5) In respect of commissioning you are solely responsible for approving the design in the order e-mail or commission order, as applicable. Once designs have been approved it is most unlikely that you will be able to make changes. If we can make any changes then you are responsible for all our costs associated with those changes.
(6) In respect of any materials you supply to us for commissioning services, if you do not make payment within 3 months of the date that payment was due or you decide not to proceed and fail to collect those materials or fail to contact us at all within 3 months of our proposals to you then we reserve the right to dispose of such materials without liability.
(7) You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.

12 Your information & data protection
You are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold will be stored and used in accordance with the current Data Protection Act and other relevant legislation within England and Wales. Please also refer to our Privacy policy.

13 Cancellation
(a) When you order goods as a consumer (in accordance with the meaning ascribed in s12 of the Unfair Contract Terms Act 1977) from our website then you have certain legal rights including those under the Consumer Protection (Distance Selling) Regulations 2000(as amended). This means that you can cancel most orders made via our web-site. You have 7 days, starting the day after you received the goods, to exercise this right provided that you cancel the order in writing to us. You can write to us by e-mail at mail@catherineamesbury.com or by letter to , 11 Seymour Road, Bishopston, Bristol, BS7 9HR, England.
(b) As explained above, consumers can cancel most orders made via our web-site within specified time limits. However, under the Distance Selling regulations, particularly Regulation 13, this right does not apply to all goods. For example, personalised products or any commissioning can not be cancelled in this way. If you are unsure about this please either e-mail us at mail@catherineamesbury.com or visit www.opsi.gov.uk

(c) All goods must be returned in accordance with our Returns Policy. For further information about how to return items please refer to our Returns Policy .
(d) Please note that these cancellation rights do not apply to business customers.

14 Time Estimate 
We will use all our reasonable endeavours to complete any supply products and services within any time estimate that we give. However, we will not be liable for any losses or damages whatsoever because of any delay. 

15 Queries, complaints, Notices 
(1) Complaints must be in writing to and we aim to respond to any queries or complaints within 7 working days. If any complaint may amount to a breach of any term herein then you must allow us 30 days to remedy that breach.
(2) Any notices for must be in writing to our registered office and for you, your address on your last order.(3) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.

16 Generally
(1) These terms and conditions supersede any prior representations, understandings and agreements between you and us
(2) We reserve the right to vary our terms and conditions at any time and variation takes effect when they are posted on the website but this right shall not affect the existing Terms and Conditions accepted by you upon making a purchase. It is your responsibility to read terms and conditions on each occasion you use or purchase and your continued use of our website shall confirm your acceptance to be bound by the latest terms and conditions

17 Waiver
No waiver by us (whether express or implied) in enforcing any of its rights under this contract shall prejudice our rights to do so in the future.

18 Force majeure 
We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the we shall be entitled to a reasonable extension of its obligations.

19 Invalidity 
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.

20 Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts