TERMS AND CONDITIONS
1. Welcome - Terms of Use
Welcome to Mikaela Lyons Jewellery. Access to www.mikaelalyons.com and purchases made on this Website (our Site) are subject to these Terms and Conditions (Terms of Use/Terms). By using our Site, you indicate that you accept these Terms of Use and abide by them. If you do not agree to these Terms, please refrain from using our Site. Within these Terms “we”, “us”, “our” refer to Mikaela Lyons Jewellery Ltd. Please note that we reserve the right to update or modify these Terms and Conditions at any time without prior notice. We therefore encourage you to review this page regularly as the Terms and Conditions are applicable from the date of the revised publication.
For your information these Terms and Conditions were last updated 9th March 2020.
2. Information About Us
Our Site is operated by Mikaela Lyons Jewellery LTD. Our Company is registered in England and Wales with company number 12150399. VAT 458 5055 71
To contact our customer services please email hello@mikaelalyons.com or contact us online via our contact us page.
3. Access and Service Availability
Access to our site is on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be held liable if for any reason our Site is unavailable at any time for any period. From time to time we may temporarily suspend access to some parts or our entire Site but will endeavor to keep this to a minimum.
By placing an order through our Site you warrant that you are legally capable of entering into a binding contract. If you choose to register with us, any passwords or other information used for security procedures must be treated as confidential and you must not disclose to any third party. Each registration is for a single user only.
We reserve the right to refuse access to our Site, terminate accounts, remove /edit content or cancel orders at our discretion.
4. Information About You – Your Data
We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and warrant that all data provided by you is accurate.
5. Intellectual Property Rights
We are the owners of all intellectual property rights on our Site and all content published on it. Such works are protected by United Kingdom and International Copyright laws.
The content of our Site is intended solely for personal, non-commercial use. You may print off one copy and may download extracts from any pages of our Site for your personal reference only. You must not reproduce, modify, publish, redistribute, publicly display or create derivative works from any printed material or downloaded content (including illustrations, photographs, text, video or audio) without first obtaining written permission. You must not use any material from our Site for commercial purposes without obtaining our prior written consent. If you print, copy or download any part of our site in breach of these Terms of Use, your right to use our Site will cease immediately. At our discretion we may insist that you return or destroy any copies of the materials you have made. Mikaela Lyons Jewellery Ltd reserves complete title and full intellectual property rights of any content you print, download or store from our Site.
6. Product Representation
We make every effort to ensure that our jewellery is portrayed as accurately as possible on our site and endeavor to include detailed descriptions of each product. Slight differences in appearance or colour may occur as a result of the photographic reproduction process or screen settings. Please also note that whilst we exercise due diligence with every piece to ensure the highest quality, our jewellery is lovingly handmade so minor variations may occur.
7. Disclaimer
We aim to update our Site regularly and reserve the right to amend all content including the Goods and prices described in it which are subject to change at any time without prior notice. We endeavor to ensure that the information provided on our Site in relation to our Products is as accurate as possible but there may be times when errors arise or information may not be complete or current. We assume no liability for the correctness, completeness or quality of the information provided.
8. Linking To Our Site
You may link to our Home Page providing you do so in a way that is fair and legal, does not damage our reputation or take advantage of it. You must not create a link that misrepresents your relationship with us nor should you present any other false information. You must not create a link in such a way as to suggest any form of approval or endorsement on our part (other than your own) where one does not exist. You must not establish a link from any website that is not owned by you. You must not link to any other part of our Site other than the Home Page without prior written consent – please direct your request to hello@mikaelalyons.com.
We reserve the right to revoke such allowances if these Terms are breached and will take any action deemed appropriate including seeking full indemnity for any loss or damage suffered.
Mikaela Lyons Jewellery Ltd will not be held liable for any of the content of the linked page provider.
9. Links From Our Site
Links to third party websites on our Site are provided solely for your convenience. If you use such a link, you will leave our Site. We have not reviewed all of these third party websites; we do not control them; we are not responsible for them or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Site, you do so entirely at your own risk.
10. The Contract
An order placed on our Site constitutes an offer from you to buy our Goods subject to these Terms. All orders are subject to acceptance which will be confirmed by email along with a receipt for your purchase and confirmation of dispatch date. The “contract” between Mikaela Lyons Jewellery Ltd and you will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Goods whose dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
11. Availability and Delivery
Every piece of jewellery is handmade to order although we may have some pieces in stock that can be dispatched within 48hours. We aim to dispatch all orders within 3 weeks from confirmation of your order. Please note the dispatch date excludes shipping. We will not be held responsible for any delays to your orders as a result of postal service delays or disruptions.
All UK orders are shipped via a signed service using Royal Mail 2nd Class Recorded delivery. All international orders are shipped via a signed service using Royal Mail International Recorded Delivery. Please note International customers are responsible for any customs fees and charges if applicable. Please see our Shipping page for further details and costs.
12. Prices and Payments
The price of any Goods will be as quoted on our Site except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders for which we have already sent Dispatch Confirmation. All prices include VAT but exclude delivery cost which, if applicable will be added to the total amount due at checkout. All UK orders are carriage paid, International orders are charged at £10.
Despite our best efforts it is possible that some of the Goods listed may be incorrectly priced. In such circumstances we will notify you as part of the Order Confirmation process. We are under no obligation to provide the Goods to you where the incorrect price is lower if the pricing error is obvious and unmistakable I.E. where it can be reasonably recognised as mis-priced.
All online payments on mikaelalyons.com are processed via Sage Pay on Shopify. Mikaela Lyons Jewellery Ltd assumes no liability for the availability or functionality of these services; nor any liability for financial loss caused by the use of Sage Pay. We accept Visa, Mastercard and American Express.
13. Materials and Plating Information
Where possible our Silver is sourced from recycled metal using suppliers who follow ethical codes of practice. All our Gold is certified as sourced from ethical mines (certificates available on request). Whilst we obtain verification from our suppliers to ensure that our Silver is plated to 2.5 microns of 24 Carat Gold (which can be classed as Vermeil) we do not test every single item, so cannot provide certification.
14. Repairs and Customer Guarantee
We want each piece of jewellery to be coveted and loved so our pieces are designed to be durable for daily wear. Please refer to our Care Instructions for full information on caring for your product.
Our gold plating “Vermeil” pieces are plated to 2.5 microns of 24 Carat Gold which we guarantee for 6 months with sensible wear. In the unlikely event that the piece should require re-plating within 6 months, we will arrange this free of charge, however proof of purchase must be provided. For much loved items which fall outside of this guarantee period please contact the office for a re-plating quote which will include an admin/postage charge.
15. Refund Policy and Consumer Rights
For “standard” orders (no engraving or bespoke designs) you may cancel your contract with us up to 14 days from receipt of your order and will be entitled to a full refund. Please notify us in writing either via email or via the returns page that you wish to return an item and ensure that you reference your order number. We must receive the returned item within 14 days of your receipt of the goods. Upon our receipt of the return and providing the goods are in the same condition as you received them, we will process your refund as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
For UK Orders we will refund the price of the goods in full, however you will be responsible for the cost of returning them to us. In the instance of a defective product, we will additionally refund the cost incurred by you for the return delivery to us.
For International Orders we will refund the price of the goods only, however delivery charges will not be refunded and you will be responsible for the cost of returning the item to us. In the instance of a defective product, we will additionally refund the cost incurred by you for the return delivery to us.
All returns remain the responsibility of the customer until received so we advise using a signed delivery service. We will not accept liability for any lost or damaged items being returned by a customer.
For “personalised” orders (with engraving or bespoke designs) which are deemed as a commission, please email us to discuss the issue and we will advise how to proceed.
16. Visitor Material and Conduct
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to our Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material and shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from our Site any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; Any material for which you have not obtained all necessary licenses and/or approvals or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; Any material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse our site (including, without limitation, by hacking).
We shall fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity of or locate anyone who breaches this conduct.
17. Law and jurisdiction
These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this these Terms shall be subject to the exclusive jurisdiction of the English courts.
18. Liability Disclaimer
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Mikaela Lyons Jewellery Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Mikaela Lyons Jewellery Ltd’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.