TERMS AND CONDITIONS OF SALE
1. THESE TERMS
1.1 These are the terms on which we supply the products listed on our website www.odedajewellery.com (the “Product(s)”) to you. They apply to our sale of Product(s) to you as a consumer. Please read these terms carefully before you submit your order for the Product(s) to us (an “order”).
1.2 These terms tell you who we are, how we will provide Product(s) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions please contact us on hello@odedajewellery.com
2. ABOUT US AND CONTACTING ODEDA JEWELLERY
2.1 This website is operated by Odeda Jewellery Ltd a limited company registered in England and Wales with company number 13343375. Our registered office at companies house is 7 Bell Yard, London WC2A 2JR. Throughout this website, the terms ‘we’ ‘us’ ‘our’ and ‘Odeda Jewellery’ refer to Odeda Jewellery Ltd.
2.2 To contact us please email hello@odedajewellery.com. If relevant to your query, please include details of your order (such as your order number) to help us identify it. If we need to contact you we will do so by telephone or in writing to you at the email address or postal address provided to us by you when you placed your order. (For the avoidance of doubt, references to ‘writing’ or ‘written’ in these terms includes emails).
3. YOUR CONTRACT WITH ODEDA JEWELLERY
3.1 Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before your order is submitted to us. Please take the time to read and check your order at each stage of the order process.
3.2 We may send you an email after you have placed an order to confirm we have received your order and are processing it. That email is not a confirmation we have accepted your order and there is no legally binding contract at that stage.
3.3 Our acceptance of your order will only take place when we email you to accept it (“Acceptance Notification”) and full payment has been taken from your credit / debit card or via paypal. Our acceptance of your order brings into existence a legally binding contract between you and us for the Product(s) you have ordered (“the contract”).
3.4 If we are unable to accept all or part of your order, we will inform you of this by email and will not charge you for the Product(s). This might be, for example, because the Product(s) is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price, content, our inventories, or the description of the Product(s), because the Product(s) does not meet our quality control standards and has been withdrawn, because shipping restrictions apply, because legal restrictions stop us delivering to you or because we are unable to meet a delivery deadline you have specified. We may also refuse to process and therefore accept an order for any reason at our sole discretion. We shall have no liability to you by way of compensation for not accepting your order, other than to refund any amount you have already paid for the Product(s) in question.
3.5 The contract will be perfected when we despatch the Product(s) to you. The contract is concluded in England and will be governed by English law. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts with us.
4. PRICE AND PAYMENT
4.1 The price of our Product(s) will be listed on our website in GBP (UK pounds). Delivery charges will be clearly displayed when selected, and included in the total cost. Please see clause 4.3 for what happens if we discover an error in the price of the Product(s) you order.
4.2 Where the price of the Product(s) includes VAT this will be stated clearly on the order pages when you place your order. If VAT is chargeable and the rate of VAT changes between your order date and the date we supply the Product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the Product(s) in full before the change in the rate of VAT takes effect. As noted in clause 7.10, international orders may be subject to customs or import duties and tax charges (including VAT at the rate payable in your country) once they reach their destination country outside of the UK. We do not cover this cost so you will be responsible for paying any additional charges that may be added.
4.3 Despite our best efforts there is always a possibility that some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s)' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. 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. 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 of the Product(s) provided to you.
4.4 You must pay for your order on our website. Our website store is hosted via a company called Wix.com Ltd (‘Wix’). Wix provide us with the online e-commerce platform that allows us to sell our Product(s) to you. All payments on our website are processed via Wix payments. We accept payment via Paypal and most major credit and debit cards (as well as any other methods that may be advertised from time to time on our website. By purchasing you confirm that the Paypal account or credit / debit card that is being used is yours or that you have been specifically authorised by the owner of the Paypal account or debit / credit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be liable for any delay or non-delivery. We assume no liability for the availability and functionality of this service.
4.5 Occasionally we may email our customers discount codes or have promotions available on our website. Please note unless otherwise specified, you may only use one discount code per order and one discount at a time. Discounts apply to the value of the Product(s) only. Discount codes can only be applied to full price items on the site. Discount codes can not be used after the expiry date and we cannot apply the discount code after you have placed your order if you forget to enter it. Please note that if a discount was applied to your order, the same discount will be applied if you require a return or exchange. This means you will only be refunded the amount that you originally paid for your order.
PRODUCT IMAGES AND INFORMATION
5.1 The images of the Product(s) 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 Product(s). Your Product(s) may vary slightly from those images. Please note we use natural one-of-a-kind gemstones in our jewellery. The composition and colour of these gemstones may vary slightly from the image shown, in particular natural gemstones can have slight inclusions and/or may appear differently in different lighting.
5.2 Images on our website are also not to scale. Although we have made every effort to be as accurate as possible, the Product(s) sizes, colours, dimensions and measurements indicated on our website may not be precise. If you have any doubts about the colour, size or any specification of the Product(s) you wish to order, please contact us prior to placing your order on our website at hello@odedajewellery.com.
5.3 The packaging of the Product(s) may vary from that shown in any images on our website.
5.4 If we make any Product(s) to measurements you have given us or are providing personalised services (including without limitation engraving), you are responsible for ensuring that the measurement and personalisation instructions are correct.
6. CHANGES TO PRODUCTS
6.1 If you wish to make a change to the Product(s) 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 Product(s), 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6.2 We may change the Product(s) to reflect changes in relevant laws and regulatory requirements; and/or to implement minor technical adjustments and improvements. These changes should not affect your use of the Product(s).
7. DELIVERY
Dispatch
7.1 All orders are dealt with promptly and we will try to get your order to you as soon as reasonably possible. Please bear in mind that the dispatch time will vary depending on the type of Product(s) ordered. In particular:
(a) Ready made Product(s) that are in stock will be dispatched no later than 7 working days from the date of the Acceptance Notification.
(b) Product(s) that are handmade to order (this will be indicated on the product page) can take 3-5 weeks from the Acceptance Notification before dispatch. This includes time needed for any hallmarking that is required.
(c) The time required to process bespoke Product(s) can vary due to the complexity of the pieces as bespoke orders take time to plan, design, source material and construct. An average time of 8-10 weeks is most likely however a time-line will be discussed with you as part of the consultation process.
7.2. If you require your order by a specific date please contact us directly (hello@odedajewellery.com) and we will do our best to assist.
7.3. You will receive confirmation by email once your Product(s) has been dispatched. If there is a delay for any reason we will contact you.
Shipping
Within the UK
7.4 UK delivery is a flat rate of £5 for purchases under £150. Delivery is free for purchases over £150.
7.5 Orders under £150 are normally dispatched using Royal Mail’s First Class Signed For Service. This service aims to deliver the next working day following dispatch and requires a signature on delivery.
7.6 Orders over £150 are normally dispatched using Royal Mail Special Delivery Guaranteed by 1pm. This service aims to deliver the day after dispatch and requires a signature on delivery.
7.7 Please note that all delivery times are controlled by Royal Mail (or any other relevant courier used for delivery) and not us. Delivery times may be affected by unforeseen circumstances (as demonstrated during the COVID-19 pandemic). We are not liable for changes or delays caused by Royal Mail or any other courier used by us in this regard.
7.8 If you would prefer us to ship your order using another service or courier please contact us and we will see if we are able to assist hello@odedajewellery.com
7.9 We reserve the right to change delivery methods used at our sole discretion.
Outside the UK
7.10 We currently ship to Canada and the US. Shipping to Canada or the US costs £12 flat rate and orders are dispatched using Royal Mail's International Tracked & Signed service. All orders will require a signature on receipt. Please note the delivery charge does not include any additional import taxes which may be payable on receipt of your item. We are happy to ship to other destinations outside the UK. Shipping prices will vary based on destination country. Please also be aware that with local Covid-19 regulations and changes within the EU following Brexit there are some delays with deliveries and there may be some destinations that we are unable to deliver to at present. Please contact us hello@odedajewellery.com if you would like to place an order for delivery outside of the UK, Canada or the US.
7.11 Please note that all international orders may be subject to customs or import duties and tax charges once they reach their destination country outside of the UK. We do not cover this cost so you will be responsible for paying any additional charges that may be added. As charges may vary from country to country, unfortunately we can’t advise on these charges, and would recommend you contact your local customs office for more information before placing your order.
Late and lost deliveries
7.12 If your delivery has been delayed please contact us and we will assist you to track / locate it with the Royal Mail or the appropriate postal services. Please note we cannot be held responsible for any delays once the Product(s) have left us and are in the possession of Royal Mail or other courier.
7.13 We cannot refund or replace lost Product(s) until 20 working days after the date of despatch (30 days for international items) – we understand this is when the Royal Mail classifies items as being lost.
7.14 If your Product(s) is showing as being delivered but you have not received it please check carefully that it has not been delivered to anyone else at your address. Please also check that it has not been left with a neighbour or in a designated Safeplace. If the Product(s) has been sent to your work address please check with your postroom and/or colleagues to see if someone else has accepted your delivery. Please note we are unable to refund or replace Product(s) that are tracked as being delivered.
Other delivery information
7.15 The Product(s) will be your responsibility from the time we deliver the Product(s) to the address you gave us. Irrespective of delivery and the passing of risk in the Products, the ownership of the Products shall not pass until we have received payment in full.
7.16 Please check your delivery address carefully as we are not responsible for delivery to an incorrect address. Your parcel will need a signature on arrival, so unfortunately we cannot send it to PO Box numbers, BFPO Addresses, mail-forwarding addresses and temporary residence addresses.
7.17 We may need certain further information from you in order to supply the Product(s) to you, for example (but not limited to), size, colour, style, engraving text. If so, this will have been stated in the description of the Product(s) on our website. If this information is not provided, we will contact you to ask for this further information. If you do not give us this further information within a reasonable time of us asking for it, or if you give us incomplete or incorrect further information, we may either end the contract (and clause 9.2 will apply) 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 Product(s) late or not supplying any part of them if this is caused by you not giving us the further information we need within a reasonable time of us asking for it.
8. RETURNS
We want you to be happy with your Odeda Jewellery Product(s). If you have any questions or complaints about the Product(s), at any time please contact us. You can write to us at hello@odedajewellery.com.
If you have changed your mind about the Product(s):
8.1 You have the right to cancel your order at any time from the moment you receive the Acceptance Notification until 14 days after the date you receive the Product(s) (the ‘cooling-off period’). This means if you change your mind or decide for any other reason that you do not want to receive or keep the Product(s) you can notify us of your decision to cancel the contract, return the Product(s) and receive a refund. Please note that this does not apply to the following:
(a) any Product(s) which have been tailored specifically to your requirements, for example (but not limited to) bespoke orders or engraved orders;
(b) any Product(s) which are made to order, including rings;
(c) any Product(s) which are pre-order; or
(d) any Product(s) which cannot be resold for hygiene purposes, in particular earrings.
8.2 If you want to cancel your order and return the Product(s) in accordance with 8.1, please contact us before the expiry of the cooling-off period by emailing returns@odedajewellery.com and we will confirm the address that should be used for returns or arrange for our courier to collect the Product(s). You will then have a further 14 days to return your item, unworn, in perfect condition and in its original packaging to us. Please note that you must cover the postage cost of returning unwanted Product(s). We do not accept responsibility for any return postage cost nor for items lost, stolen or damaged in transit. We strongly recommend using a secure and tracked service to return the Product(s) to us.
8.3 If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the Product(s) back from you.
Delivery of faulty or damaged Product(s)
8.4 In the rare event that the Product(s) are delivered faulty or damaged please contact us immediately (and no later than 48 hours from receipt) with a photo of the damaged Product(s) at returns@odedajewellery.com so that we can arrange a replacement or issue a full refund and arrange for you to return the faulty Product(s) to us by post. We will confirm the correct returns address in writing to you.
8.5 If you believe that your parcel has been damaged in transit, please retain all the packaging as we may need you to return this to us in order to make a claim with Royal Mail. Please also take photographs of any damage to the outside packaging, ideally before opening it further.
Warranty period
8.6 We offer a warranty on all Products for a period of 6 months from the date of purchase (the ‘warranty period’). We will repair your item free of charge during the warranty period, or replace it, if there is a fault due to a manufacturing defect.
8.7 To arrange for a repair during the warranty period, please first contact us at returns@odedajewellery.com with details of the issue and photos of the manufacturing defect. We will then require the piece to be returned for assessment. All Product(s) that are returned as faulty due to a manufacturing defect will be assessed by us. Any item displaying damage that is deemed to be a result of general wear and tear or damage caused by accident, neglect or misuse will not be accepted as faulty. Please also note cracking, chipping or scratching of stones are not considered as manufacturing defects. We are also not liable for faults occurring outside of the warranty period. We may be able to offer a repair service in these circumstances but there will be a small charge for this service, to cover the cost of the repair along with any shipping costs incurred.
8.8 Please note that if a faulty jewellery item has been repaired by anyone else before being returned to us, we will not cover any further repairs that are required and the warranty period will be voided.
8.9 Although all pieces are made to high standards and with durability in mind, the wearer is responsible for treating all jewellery, including precious gem stones, metals such as platinum, silver and gold and finished pieces, with consideration and respect. Please see our jewellery care section for advice on looking after your jewellery to minimise the effects of wear and tear and prolong its life.
Exchanges
8.10 Unfortunately we are unable to offer exchanges.
Refunds
8.11 Where a refund is payable we will refund you the price you paid for the Product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 8.12.
8.12 If you are exercising your right to change your mind during the ‘cooling-off period’:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s), if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of Product(s) within 3-5 days at one cost but you choose to have the Product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the Product(s) involve the provision of a service we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to how much work has been completed, in comparison with the full coverage of the contract.
8.13 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the Product(s) back from you.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s); or
(c) you do not, within a reasonable time, allow us to deliver the Product(s) to you.
9.2 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur or will have incurred as a result of your breaking the contract.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 For the purposes of the contract “Intellectual Property Rights” means rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights relating to the Product(s) and the content of this website, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
10.2 Nothing in the contract shall have the effect of transferring ownership to you of any Intellectual Property Rights in the Product(s).
10.3 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Intellectual Property Rights in Product(s) or any content on our website, in whole or in part.
11. OUR LIABILITY FOR LOSS AND DAMAGE
11.1 Save as precluded by law we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising and we shall have no liability to pay any money to you by way of compensation other than where a refund is payable in accordance with clause 8 or 13 of these terms and conditions.
11.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Product(s) from our site. The importation or exportation of certain of our Product(s) to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Product(s) you purchase.
11.3 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any personal injury resulting from our negligence.
12. DATA PROTECTION
In order to provide you with the Product(s) on our website and to process your orders, we may collect and process personal information that you provide us when placing an order and purchasing Product(s) from our website. For information on how we use and process your personal information please see our Privacy Policy and Cookie Policy
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by an event outside our control. An “event outside our control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or other essential utility service, or supply chain, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2 If an event outside our control takes place that affects the performance of our obligations under the contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Product(s) to you, we will arrange a new delivery date with you after the event outside our control is over.
13.3 You may cancel the contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us at returns@odedajewellery.com. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will refund the price you have paid, including any delivery charges.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.2 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If any clauses (or part of a clause) in these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.4 Our failure to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. This means 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 the 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. For example, if you miss a payment and we do not chase you but we continue to provide the Product(s), we can still require you to make the payment at a later date.
14.5 The terms of the contract are governed by English law. This means the contract for the purchase of Product(s) through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.