Terms and Conditions
TERMS AND CONDITIONS
As at 1 st January 2018
Please read these terms and conditions carefully. They contain important information about your rights and obligations.
1 Introduction
1.1 Please read these terms and conditions carefully before using the website operated by Mrs Vicky Stephenson Sole Trader Thai National.
By accessing or using www.spicyjewellery.com (“my website”) you agree to be legally bound by these terms and conditions. I may alter these terms and
conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
TERMS
I, Me, refers to Vicky Stephenson [Owner operator of www.spicyjewellery.com
1.2 If you do not wish to be bound by these terms and conditions then you may not use our website. These terms refer to my Privacy Notice which also apply to
your use of our website.
1.3 You can contact me by my contact me page or by email to vicky@spicyjewellery.com or calling me directly +66 9 3642 4492
2 Nature of my website
My website is a place for you to select and order jewellery (the “Products”). My website describes the Products in more detail.
3 Your Account
3.1 We do not sell products for children directly, but we sell them to adults, who can purchase them with a credit/debit card or using PayPal. If you are under 18 you may use our website only with the involvement of a parent or guardian. Vicky Stephenson and my affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4 Buying Products on our website
4.1 To order a Product you will need to follow the ordering procedures set out on the checkout page. Details of my prices for the Products and the procedures for payment and delivery are displayed at the relevant parts of our website.
4.2 Any times or dates stated on my website for delivery are estimates only. Vicky Stephenson will make all reasonable effort to deliver goods within the time specified but does not accept liability for any failure to deliver within that time. I Vicky Stephenson will not be responsible for delays caused by events outside of my control. If such an event occurs, I will contact you as soon as possible to let you know if I am made aware of a possible delay by the carrier. Estimated delivery times shall not be the essence of the contract. In the event of a significant delay, you may contact me to end the contract and receive a refund for any Products you have paid for but not received.
4.3 You must pay by credit or debit card, or via PayPal at the time of order. The price of any Product is the price in force at the date and time of your order and is stated in UK pounds sterling. The price includes standard tracked delivery but does not include courier costs if you elect to add these at checkout. I endeavour to ensure that the prices displayed on my website are accurate but the price on your order will need to be validated by me as part of the acceptance procedure (see clause 4.4 below). I will inform you if a Products correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. In the event of a pricing error, we will endeavour to honour the price but do reserve the right to cancel any order which would be uneconomic or where the price has been abused. All prices are exclusive of courier costs and applicable taxes.
4.4 Vicky Stephenson is entitled to refuse any order placed by you. If your order is accepted I will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have submitted. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days. Certain Products are clearly marked “PLEASE NOTE – THIS IS A SPECIAL ORDER ITEM. PLEASE ALLOW UP TO 2 (OR 3 OR 6) WEEKS FOR DELIVERY”. In the case of items being specially
made for customers by me, the delivery time will be longer, so please check your Product details carefully.
4.5 If the Product you ordered is unavailable, I may offer to you a substitute of an equivalent quality and price Substitute Product.
4.6 You undertake that all details you provide to me on-site or by direct means will be correct, and that the credit or debit card or any electronic cash which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. I reserve the right to obtain validation (whether direct or via sharing your details with a third party) of your credit or debit card details before providing you with any goods or services.
4.7 All Products purchased from me are made pursuant to a shipment contract. A Product will be your responsibility from the time our shipping carrier delivers
the Product to the address given by you. You will own the Product once I have
received full payment from you.
5 Your consumer right of returns and refund
5.a If you are a consumer, I offer you an enhanced right to return any Products if the product [jewellery item] is damaged or defective only as these products are made by hand and bespoke you accept the products and you are not entitled to an automatic refund if you change your mind. It’s at my discretion only. In the first instance, you should contact me on the contact form or to vicky@spicyjewellery.com or by phone +66 9 3642 4492
5.b All of my jewellery is of the highest quality and handmade and natural stone polished. This may result in some small variations in the weight of stones and
metals.
If:5 c The Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description;
5.d the Product delivered is not of a satisfactory quality; or
5.e If you have any complaints, you should direct them to me directly via email
at vicky@spicyjewellery.com
5.f Bespoke goods definition: Items where changes have been made to designs that are outside my standard designs and made especially for you by our
bespoke form service, these items are NOT refundable
6 Licence and Website Access
6.a I own the licensee of all intellectual property rights in my website
www.spicyjewellery.com , and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are
reserved.
6.b I grant you a limited licence to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, This licence does not include nor permit any resale or commercial use of this website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant is expressly prohibited; or any use of data mining, robots, or similar
data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
6.c You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or
form) of my website. You may not use any Meta tags or any other hidden text utilizing spicy jewellery name or trademarks.
6.d Any unauthorised use terminates the permission or licence granted by Vicky Stephenson. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as the link does not portray our website, or my products or services in a false, misleading,
derogatory, or otherwise offensive matter.
6.e You may not use any Spicy Jewellery branding material logo or other proprietary graphic or trademark as part of the link without our express written
permission.
7 Modifications to website
7.a I reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of my website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
7.b Please note that although i.e. try to ensure that the content of my website is accurate, it may contain typographical errors or other inaccuracies.
8 Information you provide to me
8.a I will only use your personal information as set out in my Privacy Notice. This applies to any information you provide to me, for example during any
registration or ordering process.
8.b The following applies to all messages, emails, bulletin board postings, ideas, suggestions, concepts or other material submitted by you to me (Content):
9 Security
9.a You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be
given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Vicky Stephenson
immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
9.b You must not misuse my website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to my website, the server on which my website is stored or any server, computer or database connected to my website. You must not attack my website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act
1990. I will report any such breach to the relevant law enforcement authorities and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use my site will cease immediately.
10 Applicability of online materials
10.a Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
10.b My website is controlled and operated by me from my office in Bangkok Thailand. Where content published on the website is supplied by third parties, you understand that I do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with me is published in good faith but I do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content,
except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
10.c I have used my best endeavours to ensure that my website complies with UK laws. However, I make no assurances it does comply and representations
that the materials on my website are appropriate or available for use in locations outside the UK. Those who visit my website from any location do so on their own
initiative and are responsible for compliance with all applicable laws. If the use of my website and/or viewing of it, or use of any material or content on my website, or services or products offered through my website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
10.d I Vicky Stephenson makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your the jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you must satisfy yourself that you are lawfully able to purchase the Products as
Vicky Stephenson accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
11 Copyright and monitoring
11.a The contents of my website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Vicky Stephenson, its affiliates or other third-party licensors. All product and company names and logos mentioned in my website are the trademarks, service marks or trading names of their respective owners, including me. You may download material from my website for the sole purpose of placing an order with spicyjewellery.com or using my website as a shopping resource. However, you
may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded
from our website including but not limited to text, graphics, video, messages, code and/or software without my prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
12 Linked sites
Vicky Stephenson makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent of Spicy Jewellery.com and that I have no control over the content or availability of that website. In addition, you are responsible to read third party terms and conditions and privacy policy of any third party website
13 Availability of our website
I provide my best endeavours to make my website available but cannot guarantee that my website will operate continuously or without interruptions or be error-free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of my website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
14 Liability
14.1 I promise that for any Product you purchase from our website:
14.1.1 I have the right to sell the Product to you;
14.1.2 the Product will be fit for any particular purpose you have made known to us;
14.1.3 the Product will correspond substantially with the description we have given to you; and
14.1.4 the Product will be of satisfactory quality.
14.2 I also promise that any service we provide to you will be provided with reasonable skill and care.
14.3 I will do my best endeavours to ensure that all materials and information published on my website are accurate, please note that all content, materials and information on my website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of my website and use of all information contained within it. Please note that weights of metals and stones dimensions are a guide only unless stated otherwise, and any images may not represent the actual size of a Product or item.
14.4 I only supply the Products for domestic and private use. If you use the
Products for any commercial, business or re-sale purposes we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity and my total aggregate liability will be limited to the amount paid by you for the Product concerned.
14.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use my website and is compatible with my website. You also understand that I cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
15 General
15.1 I may, but you may not, transfer our rights and obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported transfer by you in contravention of this clause
15.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. Nobody
other than you shall have any rights to enforce these terms and conditions.
15.2 I may alter these terms and conditions from time to time and post the new version on my website, following which all use of my website will be governed by that version. You must check the terms and conditions on the website regularly.
15.3 These terms and conditions together with the privacy policy, are the whole agreement between you and Spicy Jewellery.com. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Spicy Jewellery.com or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
15.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable, for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
15.5 These terms and conditions and your use of my website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
15.6 Except in respect of a payment obligation, neither you nor SpicyJewellery.com will be held liable for any failure to perform any obligation to the other due to causes beyond your or Spicy Jewellery.com respective reasonable control.
15.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
15.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
16 Notices
16.a All notices shall be given:
16.b.1 to us via email at vicky@spicyjewellery.com
16.c Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
16.d You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17 Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of my website and/or sale of the Products.