POSTAL CHARGES
•Standard Charges – 1st Class Tracked & Signed £4.85
•Next Day – Recorded Delivery £10.00
•Click and Collect - Free
These Terms and Conditions apply to the use of this website and by accessing this website or by placing an order you agree to be bound by them. If you do not agree to be bound by these Terms and Conditions please do not place an order. We may decide to update these Terms and Conditions from time to time and you should read them each time you use the website to ensure that you are happy with them.
Once you have placed an order you will be sent an email confirming that your order has been received and is being processed. When your item(s) are ready you will also receive a dispatch email confirming that your order has been shipped. For any bespoke commissions or non-stock items made to order a deposit will be requested and need to be made before any work commences. If at any point before your items are completed you wish to cancel your order this deposit will be retained to cover any costs incurred by the manufacturing process. In any case the remaining balance will be requested upon completion and have to be paid before items are shipped or upon collection from the studio.
Only persons aged 18 or over are permitted to enter legally binding contracts and therefore orders will only be accepted from people aged 18 or over.
Subject to Clause 2c. below, you may cancel your order at any time up to the end of the fifth working day from the date you received the ordered goods. You do not need to give any reason for cancelling your order or have to pay any penalty unless your items have already been dispatched in which case depending on the reason for cancellation you may only receive a refund on the price paid for the goods and not for the delivery charges paid.
To cancel your order and contract, you must notify us either before or within 3 days of receiving your order by email at returns@thegemstudio.co.uk or by telephone on +44 (0)7792 685899
If the items have already been delivered to you, your right to cancel your order for any of the goods you have received is subject to:
a. Not having damaged or worn the items.
b. Not having removed any security tags from the item(s)
c. Contacting us within 3 working days of receiving your goods and if approved you will be given a ‘Returns Authorisation code’.
The goods must then be returned to us within 7 days of receiving the Return code:
i. With all goods and packaging in their original condition
ii. Securely wrapped
iii. Including our delivery slip
iv. Using our agreed delivery partner
Returns of any items ordered will be at your own risk. It is your responsibility to ensure that all items are insured when returned to us.
You are obliged to take all reasonable care of the items while they are in your possession. If you fail to do this I reserve the right to claim compensation from you for any repairs needed to items returned, this will be deducted from any amount due to be refunded to you.
All items are subject to strict quality control and are photographed before leaving our studio so any damaged items that are returned to us will be subject to investigation and may delay your request for a refund. If you do not return the items within 7 days of canceling your order your return authorisation may be revoked and a refund may not be issued. This provision does not affect your statutory rights.
d. The item(s) cannot be a bespoke commission or Special Order of a non-stock item, which, due to their unique nature, cannot be returned or exchanged.
Once your authorised return has been received by us, a refund will then be processed and the relevant sums will be refunded using the same method originally used by you to pay for the items, subject to clause 2c. above.
At our discretion, we reserve the right to cancel your order at any time, including (in exceptional cases) after we have sent you an order confirmation. Examples of when we may do so include but are not limited to instances where:
a. There is insufficient stock to deliver the goods you have ordered
b. One or more of the items you ordered was listed at an incorrect price due to a typography error.
c. Any naturally occurring materials that are found to be no longer available (due to the nature of this industry this may be caused by elements outside of our control such as limited resources & exports from certain countries)
If we do have to cancel your order we will notify you by e-mail and/or telephone as soon as practicable, and re-credit your account with any sum deducted as soon as possible, in any event within 30 days of your order. We will not be liable to you or to any third party or pay any compensation if we cancel your order.
The prices paid for goods that you order are as set out in our website. All prices are in UK pounds inclusive of VAT. All payments must be in UK pounds. Please note at present we only ship to UK addresses.
All items will be sent via recorded or registered post (usually next day delivery) due to value, delivery charges will vary depending on total value of package, these are set out in our website. Upon dispatch you will be sent a confirmation email containing the parcel tracking reference. Please note that it might not be possible to deliver to some locations.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address provided is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
You will become the owner of the goods you have ordered when they have been delivered to you subject to our having received full payment of all sums due including any delivery charges. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or damage.
Our liability in connection with any item(s) purchased through our website is strictly limited to the purchase price of the item(s). If the goods we deliver to you are not what you ordered or are damaged* or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 5 working days of the delivery of the goods in question. (With regards to damage please refer back to clause 2c above)
The Gem Studio insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes directly to you.
If you do not receive goods ordered by you within 5 working days of you receiving the shipping confirmation email we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within 10 working days of the date on which you received the email. If you notify us of a problem under this condition, our only obligation will be to offer the following options to you, either:
a. To make good any shortage or non-delivery; or
b. To replace any goods that are damaged or defective; or
c. To refund you the amount paid by you for the goods in question.
We will not be liable for any loss or damage arising out of or in connection with the use of the website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income, profit, business or goodwill, loss of or damage to property and claims of third parties. You agree to indemnify us immediately upon demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of this website if we consider that you have breached these Terms and Conditions.
Nothing in these Terms and Conditions is intended to limit any of your statutory rights.
We cannot be held responsible for any delays once the goods have left us and are in possession of the courier.
Our website may contain links to other internet web sites. We have no power or control over any such web sites. You acknowledge and agree that we shall not be liable in any way for the content of any such linked site, or for any loss or damage arising from your use of any such web site. If however any issues or problems regarding links to these sites arise we would like to be notified as soon as possible and upon investigation, if found to be in opposition to my ethical and/or moral trading standards I will remove any such links immediately.
Unless otherwise stated in these Terms and Conditions, all correspondence from you must be in writing and sent to the following contact address:
The Gem Studio
Suite 201A The Argent Centre,
60 Frederick Street,
Birmingham
B1 3HS. UK.
All notices from The Gem Studio to you will be displayed on the website from time to time or emailed to you if necessary.
We try to ensure all product descriptions, information and notices published on this website are accurate and complete. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the website. The information contained on the website may contain technical inaccuracies or typographical errors.
All liability of The Gem Studio howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Not all of our products are shown on this website, all products depicted are a representation of our collections. The colours and price of the products shown in the site may be changed without notice; this is due to the source and availability of natural materials and changes in current precious metal prices. Please also be aware that the colour of a product may vary slightly due to your monitor’s display and settings. All dimensions and carat weights shown on this site are approximate and indicative of our collections however due to the uniqueness of many of our products, variations may occur from piece to piece. All orders for products are subject to availability.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights, all brand names, designs, models of items that appear on the website are the exclusive property of The Gem Studio. In addition to the intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.
All intellectual property rights associated with items created in association with the ’custom made’ or ‘bespoke’ options are and will remain the property of The Gem Studio. Any utilisation, reproduction, even partial of the designs and artwork is totally prohibited. You are only permitted to use this material when or if expressly authorized by The Gem Studio. No permission is given in respect of the use of any of them and such use may constitute an infringement of our rights.
You may not establish a link to the Site from a third party site without my prior written permission.
This site is for your personal, non-commercial use only. You may not modify, copy, distribute, display, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising of revenue generation activity on your own site.
When you contact us you may provide information including your name, address, email and phone numbers.
This information will be kept in a private database.
We will not disclose any of the information you have provided to any third parties. we will only use your personal information to contact you personally regarding any orders or enquiries received by you and to inform you about any updates to our website and/or collections.
You acknowledge and agree to be bound by the terms of my Privacy Policy.
Any person who is not a party to this agreement has no right under the UK contracts (Rights of Third parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
We reserve the right to update or amend these Terms and Conditions as and when necessary.
You will be bound by the Terms and Conditions in force at the time you place your order. However, in the event that changes are required by law or by government authority then you will be bound by such new terms even where your order was placed beforehand.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
We will not be liable or responsible for any failure to perform or delay in performing any of our obligations under a contract that is caused by events outside our reasonable control.
These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.