Terms & Conditions
These Terms & Conditions set out the general terms and conditions under which DESIGN U Malgorzata Szczygiel contracts to supply products and to provide free services through the Online Store at www.ladymjewels.co.uk
1. "Business Day" means any day of the week from Monday to Friday, except for bank holidays.
2. "Delivery" means the physical act of delivery, by the Seller, of the products specified in the Order, to the Customer.
3. "Courier" means the courier company used by the Seller for Deliveries.
4. "Password" - means the sequence of characters set by the Customer in the process of Registration to use the Online Store as a way of protecting access to the Customer's Account.
5. "Customer" means a person or entity that enters into a contract of sale in accordance with these Terms & Conditions and the applicable legislation and/or that uses any of the free services provided by the Online Store.
6. "Customer's Account" means a personal panel set up for the Customer by the Seller, after the Customer's Registration.
7. "Consignment Sales" means the Online Store's business of acting as agent in the sale of second-hand (or used) goods.
8. "Consignee"- means the Online Store that is engaged in Consignment Sales.
9. "Consignor" means the person that gives a particular item over to the Consignee to be sold by the Consignee.
10. "Login Name" means the Customer's personal designation which, together with the Password, is required to create a Customer's Account in the Online Store.
11. "Terms & Conditions" means these terms and conditions.
12. "Registration" means the act of registering performed in accordance with the Terms & Conditions and required for the Customer's access to all of the functionalities of the Online Store.
13. "Seller" means Malgorzata Szczygiel, who carries a business under the name Lady M London, with its registered office in London, United Kingdom, 151 Westbury Avenue.
14. "Online Store Website" means the website used by the Seller for the Online Store, at www.ladymjewels.co.uk
15. "Product" means a product displayed by the Seller on the Online Store Website and offered for sale under a Contract of Sale.
16. "Contract of Sale" means a contract of sale made on a remote basis, in accordance with the Terms & Conditions, between a Customer and the Seller.
II.GENERAL PROVISIONS AND USE OF THE ONLINE STORE
1. These Terms & Conditions set out the terms and conditions under which the Online Store at www.ladymjewels.co.uk is made available
2. These Terms & Conditions are issued under Article 8 of the Act on the Provision of Services by Electronic Means. These Terms & Conditions shall not apply to sales other than through the Online Store. These Terms & Conditions shall not apply to sales other than through the Online Store.
3. Each Customer must read these Terms & Conditions prior to their first use of the Online Store and comply with the Terms & Conditions thereafter.
4. These Terms & Conditions are available to all Customers of the Online Store in the Terms & Conditions section on the www.ladymjewels.co.uk website.
5. The conclusion of a Contract of Sale by a Customer is conditional upon the Customer's acceptance of the Terms and Conditions. Each Customer using the Online Store shall:
6. use the Online Store in such a manner as not to disturb its operation, which includes (without limitation) not causing any inconvenience to other Customers and/or the administrator of the Online Store.
7. respect intellectual property rights such as copyrights, rights in the name of the Online Store, rights in the domain name of the Online Store, the Online Store Website itself, and rights in any templates, forms and/or logotypes contained in the Online Store Website, including (without limitation) by using the content of the Online Store Website only for his/her personal purposes as specified in the Terms & Conditions.
8. respect the personal rights and other third-party rights.
a. No Customer may provide any illegal or illicit content, nor may any Customer use the Online Store, the Online Store Website and/or any of the free services provided by the Seller in violation of the applicable laws, indecently and/or in a way that infringes the personal rights of third parties.
b. The Seller hereby states that the public nature of the Internet and the use of services provided by electronic means mean that there is a risk of Customers' data being intercepted and/or modified by unauthorised persons. For this reason, Customers should take adequate technical measures to minimise that risk. In particular, they should make use of antivirus software and online identity protection software.
c. The Seller will never ask any Customer to disclose his/her Password in any form whatsoever.
III.INFORMATION RELATING TO THE PROVISION OF SERVICES BY ELECTRONIC MEANS, INCLUDING THE TECHNICAL REQUIREMENTS FOR COMPATIBILITY WITH THE ONLINE STORE'S ICT SYSTEM
1. The Seller shall make every effort to ensure that Internet users can access the Online Store from any popular browser, operating system, device or Internet connection.
2. The minimum technical requirements for access to the Online Store Website are as follows:
a. online access via a connection with a speed of at least 256 kbps.
c. The Online Store Website has been optimised to support the minimum screen resolution of 1024x768 pixels.
1. Registration is not required for the placement of an order with the Online Store.
2. To Register, the Customer must fill in the registration form on the Online Store Website and deliver the form to the Seller using the right option available in the registration form
3. During the Registration process, the Customer must set his/her Password.
4. When completing the registration form, the Customer may read the Terms & Conditions and accept them by checking a box in the form.
5. The Customer's consent to the processing of his/her personal data for marketing purposes is not required for the conclusion of a Customer Account maintenance contract between the Customer and the Seller.
6. The Customer's Account can only be created if the Customer completes the Registration process, which is free of charge.
7. After sending the completed registration form, the Customer will receive an email to confirm the registration, to the e-mail address given in the registration form.
8. Upon the receipt of the confirmation by the Customer, a Customer Account maintenance contract between the Customer and the Seller is concluded. At the same time, the Customer is allowed access to the Customer's Account and may modify the information provided in the Registration process.
9. Any loyalty schemes or special offers for Customer Account holders are available only to Customers with a valid Registration, an active Customer Account and who have completed at least one purchase transaction with the Online Store and have received an email with information on such a scheme or special offer.
V.PLACEMENT OF ORDERS WITH THE ONLINE STORE
1. To place an order with the Online Store by electronic mail, the Customer must have an active electronic mail account.
2. To place an order with the Online Store by phone, the Customer must have an active phone number and an active electronic mail account.
3. Orders with the Online Store may be placed through the Online Store Website or by electronic mail 24 hours a day and 7 days a week.
4. Orders with the Online Store may be placed by phone during the hours and on the days given on the Online Store Website.
5. When placing an order with the Online Store, the Customer may add items to his/her order by clicking on ADD TO BASKET under a particular item on the Online Store Website. When the Customer has selected all the items he/she wishes to purchase and selected the Delivery option and method of payment in the BASKET section, the Customer should click on I ORDER on the Online Store Website to place his/her order.
6. Before sending his/her order to the Seller, the total price for the Products and Delivery, as well as any other costs, to be paid by the Customer in connection with the Contract of Sale, will be displayed on the Online Store Website.
7. Each Customer may place an order by phone, using the phone number given on the Online Store Website. During the phone call, the Customer must provide the Seller with the name and quantity of the requested Product(s). After selecting the Products to purchase, the Customer must choose the method of Delivery, enter the Delivery address, select the method of payment, and give his/her e-mail address for order confirmation purposes.
8. When placing an order by phone, the Customer will be informed, by the Seller, in the case of each such order, of the total price of the requested Products and the cost of the selected method of Delivery, and of any other costs to be paid by the Customer in connection with the Contract of Sale.
9. When the transaction is made, the Customer will receive an e-mail with a confirmation of the terms of the Contract of Sale, specifying, in particular, the name and quantity of the ordered Product(s), the price of the Product(s), the cost of Delivery, and any other costs to be paid by the Customer in connection with the Contract of Sale.
10. When placing an order by electronic mail, the Customer must send the order to the e-mail address given by the Seller on the Online Store Website, specifying, in particular, the name, colour and quantity of the ordered Product(s), and the Customer's contact details.
11. The Customer will receive a return e-mail confirming the terms of the Contract of Sale made with the Seller, particularly the name and quantity of the ordered Product(s), the price of the Product(s), the cost of Delivery and any other costs to be paid by the Customer in connection with the Contract of Sale, including (without limitation) the information that the Customer must pay for the ordered Product(s. The Customer may use the information received from the Seller to place an order by electronic mail, specifying his/her preferred method of payment and method of Delivery.
12. The Customer may place an order for a Product or Products to be made according to his/her specifications. These specifications may include (without limitation) the type, form, colour, material and design of the Product, as well as the Customer’s personalisation features.
13. After selecting the requested Products, the Customer may ask the Seller for a quotation and a free design of the requested Product, by sending an e-mail to the address given by the Seller.
14. After receiving this initial order, the Seller will send the Customer a design of the requested Product as a graphic file, by electronic mail, with details of the available methods of payment and methods of Delivery.
15. The Customer may accept the design or reject it, sending an e-mail to the Seller with details of the preferred method of Delivery and method of payment. This e-mail will be considered as the Customer's order.
16. By placing an order, the Customer is deemed to have made an offer to the Seller to enter into a Contract of Sale of the ordered Products.
17. When the placement of the order is confirmed, the Seller will send an e-mail to the e-mail address given by the Customer, containing the information that the Customer's order has been accepted for processing. The information that the Customer's order has been accepted for processing will be considered as the Seller's statement that the Customer's offer has been accepted and, as soon as the statement is received by the Customer, a Contract of Sale is deemed concluded.
VI.VOUCHERS, DISCOUNTS, SALES, LOYALTY PROGRAM
1. The Seller offers a Loyalty Program for active Customers, by giving points for every paid-for order.
2. Points are exchangeable for quantity discounts in accordance with the information provided on the Online Store Website, in the bookmark. ACQUIRING AND EXCHANGING POINTS. Aforementioned discounts can only be used in case of products with no other applicable discounts, which includes the outlet. The points acquired in the Loyalty Program do not add. With one purchase, a Customer can only use one quantity discount resulting from the loyalty points.
3. The Seller offers Birthday Vouchers to active Customers. They can only be used by Customers who have previously made an online purchase (active Customer). The Vouchers cannot be given to a third party and belong only to the Customer who received an email with the code. The possibility to realize the Voucher is time-bound.
4. The Seller can give discount vouchers to chosen Customers, but they can only be used in case of products with no other applicable discounts, which includes the outlet.
1. The price given on the Online Store Website next to each Product is a gross price (i.e. inclusive of VAT) exclusive of the costs of Delivery and any other costs to be paid by the Customer in connection with the Contract of Sale.
2. The Customer may choose one of the following methods of payment for the ordered Products:
a. bank transfer using the PayPal internal payment system,
b. payment by card using the PayPal internal payment system,
3. The processing of the Customer's order will begin:
a. when the payment is received and a confirmation of the receipt of the payment is sent to the Customer.
4. The time limit for payment by the Customer for the ordered Product(s) is given on the Online Store Website.
1. The Product(s) ordered under the Contract of Sale and delivered by the Seller must be free from defects when delivered.
2. The Seller shall state, on the Online Store Website, the number of Business Days needed to make the Delivery and to process the order.
3. The time period for Delivery and the processing of the order given on the Online Store Website shall be counted in Business Days from the date of the Contract of Sale, if the Customer selected the 'cash on delivery' method of payment.
4. The Product(s) ordered by the Customer shall be delivered through the Courier to the delivery address given in the order form.
5. On the date of shipping the Product(s) to the Customer, an e-mail will be sent to the Customer's e-mail address to confirm the shipping of the order.
6. The Customer should inspect the shipment at such time and in such a manner as may be generally accepted for such shipments, in the presence of the Courier's employee. If any defect in and/or damage to the shipment is discovered, the Customer may require the Courier's employee to issue a report confirming the defect and/or damage.
7. The Seller, as requested by the Customer, will send a receipt or VAT invoice for the ordered Product(s) together with the Product(s).
8. If the ordered Product(s) is/are shipped to an address other than the Customer's address (e.g. as a gift to someone else), the Customer may choose not to receive a receipt or VAT invoice with the shipment, which the Customer must specify as a note to the order. In such a case, the receipt will be kept in the Seller's records or sent directly to the Customer upon the Customer's request.
9. If the Customer is not present at the Delivery address given by the Customer when placing the order, the Courier's employee will leave a failed delivery note at that address or try to contact the Customer by phone to find out when the Customer will be present at that address to receive the order.
10. If the Product(s) is/are returned to the Online Store by the Courier, the Seller will contact the Customer by electronic mail or phone to arrange a new Delivery date and tell him/her about the costs of the Delivery.
IX.CONSIGNMENT SALES / OUTLET SALES
1. The Consignee hereby states that it is engaged in consignment sale of second-hand products.
2. Only jewellery purchased from the Online Store may be accepted for Consignment Sales.
3. The item(s) given away by the Consignor for Consignment Sales must be free from any physical and legal defects. All physical defects caused by use must be reported and specified in the consignment contract.
4. The Consignee shall not be liable for any physical and/or legal defects in any Product(s) sold through Consignment Sales.
5. All physical defects reported by the Consignor shall be included in the description of the Product on the Online Store Website and are excluded from the Complaints and Statutory Warranty procedures.
6. All Product(s) given away for Consignment Sales shall be marked as such on the Online Store Website.
7. The Consignor warrants that any item placed for sale on a consignment basis is a second-hand item, owned by the Consignor and not subject to any third-party rights.
8. The price of each such item shall be agreed upon between the Consignee and the Consignor.
9. No item may be offered through Consignment Sales for more than 12 months.
10. During the term of the consignment contract, any Product given away for Consignment Sales may be offered by the Consignee for rental.
11. The Consignor shall not be entitled to any commission for the rental of any jewellery item.
12. Items given away for Consignment Sales shall be offered for sale on a website and at a physical boutique.
13. All Consignment Sales transactions on the Online Store shall be conducted in accordance with these Terms & Conditions.
1. The Seller shall ensure each Delivery of Product(s) free from any physical and/or legal defects. The Customer is entitled to make a complaint under the statutory warranty if the product has a physical and/or legal defect.
2. If the Product has a physical and/or legal defect, the Customer may:
a. require the defect to be repaired or the defective Product to be replaced with a defect-free one. The Seller shall accept the Customer's claims and be responsible for the costs of repairing or replacing the defective Product.
b. The Seller may reject the Customer's claim if the repair or replacement is impossible or excessively expensive compared to the costs of the other option.
3. If the Product has a material physical and/or legal defect, the Customer may:
a. claim a reduction in the price by an amount equal to the loss in the value of the Product because of the defect or rescind the Contract of Sale. The Seller may offer an alternative option, e.g. replacing the defective Product with a defect-free one or repairing the defect.
b. The Seller must accept the Customer's claim for a reduction in the price or rescission of the Contract of Sale if the Product has already been replaced or repaired by the Seller or if the Seller has failed to comply with its obligation to replace the defective Product with a defect-free one or to repair the defect within a reasonable period.
4. In the event of a claim under the statutory warranty, the Customer must deliver the defective Product to the Seller's address. The costs of delivering the Product to the Seller shall be the responsibility of the Seller.
5. The Customer may arrange with the Seller for a courier company to collect the defective Product(s) from the Customer at a time and a date convenient to the Customer and deliver it to the Seller's address.
6. The Seller shall, within 14 days of the date of the Customer's complaint, reply to the compliant in respect of the Product(s) or the performance of the Contract of Sale.
7. If the defect in the Product has occurred through the Customer's fault and as a result of mechanical damage or wear and tear, the complaint may be rejected, but the Seller will offer to repair the Product for a charge as far as practicable.
8. The Customer may make a complaint relating to access to any free service provided by the Seller by electronic means.
XI.RESCISSION OF THE CONTRACT OF SALE
1. The Customer may rescind his/her Contract of Sale within 14 days without giving the reasons for the rescission .
2. The 14-day time period for rescission of the Contract of Sale shall begin at the time of delivery of the Product(s) to the Customer.
3. The Customer may rescind the Contract of Sale by giving a rescission statement to the Seller. The statement may be delivered to the Seller from the relevant section of the Customer's Account, in writing to the Seller's physical address, by electronic mail to the Seller's e-mail address, or using the form made available by the Seller on the Online Store Website at: Rescission statement form. The time limit for rescission shall be deemed met if the rescission statement is sent before the expiry of the time limit.
4. The Seller shall immediately confirm, to the Customer, the receipt of the form sent through the website.
5. If the Contract of Sale is rescinded, it shall be deemed that the Contract of Sale has never been concluded.
6. If the Customer submits a rescission statement before the Seller accepts the Customer's offer, that offer shall become void.
7. The Seller shall, not later than within 14 days of the receipt of the Consumer's rescission statement, make a refund of all the payments made by the Consumer, including the costs of delivering the Products (except for any additional costs of delivery if the delivery option selected by the Customer is not the cheapest, regular delivery option available at the Online Store).
8. The Seller may suspend the refund of the Customer's payments until the earlier of the following: the Product(s) is/are returned to the Seller or the Customer delivers proof of shipping the Product(s) back to the Seller.
9. The Customer shall return the Product(s) to the Seller immediately, but not later than within 14 days of the date of rescission of the Contract of Sale. This time limit shall be deemed met if the Product(s) is/are shipped back to the Seller's address before the expiry of the time limit.
10. If the Customer rescinds his/her Contract of Sale, the Seller may pay the direct costs of returning the Product(s), but only upon prior arrangement and only if the Product(s) was/were delivered using the method of delivery selected by the Seller. Otherwise, the direct costs of returning the Product(s) shall be paid by the Customer.
11. The Customer shall be liable for any reduction in the value of the Product(s) as a result of its/their use beyond what is necessary to determine the nature, characteristics and operation of the Product(s).
12. The Seller shall make a refund of the Customer’s payments using the method of payment used by the Customer to make the payments, unless the Customer has expressly agreed to a different method of payment for the refund, at no cost to him/her.
13. The Customer is not entitled to rescind the Contract of Sale if the contract is for the supply of services and if the Seller has performed the service fully and with the Customer’s express consent.
14. The Customer is not entitled to rescind the Contract of Sale if the contract is for the supply of a Product made to the Customer’s specifications or made to meet his/her personalised requirements.
1. The Seller provides Customers, by electronic means, free-of-charge services such as:
a. a contact form;
b. a newsletter service;
c. a “Recommend it to a Friend” service;
d. Customer's Account maintenance.
2. The above services are provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to decide on and modify the type, form, time and method of allowing access to any or all of the above services, of which the Seller shall notify Customers using the same method as that for notifications of amendments to these Terms & Conditions.
4. The “Ask a question” services offered by the Seller allows the Customer to send a message to the Seller using a form made available on the Online Store Website.
5. The Customer may cease to use the “Ask a question” free service at any time by discontinuing to send questions to the Seller.
6. The Newsletter service is available to any Customer that checks the subscription field and/or enters his/her e-mail address in the registration form available on the Online Store Website.
7. As soon as an e-mail is sent to that address to confirm the Customer’s subscription to the Newsletter service, a contract is deemed to be made for the provision of the Newsletter service by electronic means.
8. The Newsletter service is the sending of regular electronic messages by the Seller with information on new products and/or services offered by the Seller. The Seller shall send the Newsletter to all Customers that have subscribed to the service.
9. Each Newsletter sent to a Customer shall contain, in particular, the following: the sender’s details, the “subject” field with the subject of the message, and the information that the Customer may unsubscribe from the Newsletter and how to do it.
10. The Customer may unsubscribe from the Newsletter using the link contained in the e-mail sent in each Newsletter message or by activating the right field in the Customer's Account.
11. The “Recommend it to a Friend” free-of-charge service allows the Customer to send an electronic message about a Product selected by the Customer.
12. Before sending a “Recommend it to a Friend” message, the Customer must select the Product to be recommended and then use the “Recommend it to a Friend” feature to fill in a form in which he/she must give his/her e-mail address and that of the person he/she wants to the recommend the Product to.
13. The Customer may not use this service for any purposes other than to recommend a particular Product to a friend.
14. The Customer shall not receive any payment or other benefit for using this service.
15. The Customer may cease to use the “Recommend it to a Friend” service at any time by discontinuing to send “Recommend it to a Friend” messages to his/her friends.
16. The Customer's Account maintenance service is available after the Registration in accordance with these Terms & Conditions and enables the Customer to use a dedicated panel on the Online Store Website to modify the details given in the Registration process and/or to track the progress of his/her orders and view the orders already completed.
17. Each Customer that has completed the Registration process may request the Seller to delete his/her Customer's Account. The Account shall be deleted within 14 days of the date of the request.
18. The Seller may block access to the Customer's Account and any free service if the Customer has acted or is acting to the detriment of the Seller and/or any other Customer, has violated any law or is in breach of any provision of these Terms & Conditions, or if blocking such access is justified by security concerns, particularly if the Customer breaks any security solution on the Online Store Website and/or is engaged in any other hacking activity.
19. Access to the Customer's Account and free services for the above reasons shall be blocked for as long as it may be necessary to resolve the issue that was the basis for blocking such access.
20. The Seller shall notify the Customer of blocking his/her access to the Customer's Account and free services by sending an e-mail to the address given by the Customer in the registration form.
XIII.PROTECTION OF PERSONAL DATA
1. The data controller in respect of the Customer’s personal data provided voluntarily to the Seller in the Registration process, when placing an order and in the provision, by the Seller, of services by electronic means or otherwise as specified in these Terms & Conditions, is the Seller.
2. The Seller will process the Customer’s personal data for the purposes of processing orders, providing services by electronic means and other purposes specified in these Terms & Conditions, only in accordance with the applicable legislation and/or with the Customer’s consent given in accordance with such legislation.
3. The filing system containing the personal data provided to the Seller shall be registered by the Seller with the Inspector General for Personal Data Protection.
4. The provision, by the Customer, of his/her personal data to the Seller is voluntary, but refusal to provide certain information in the Registration process will prevent the Customer from completing the Registration and creating the Customer's Account and, if the Customer wishes to place an order without Registration and the Customer's Account, from placing such an order and the Seller from processing such an order.
5. Any person that provides his/her personal data to the Seller has the right to access the data and require its correction.
6. The Seller shall ensure that the Customer’s personal data may be deleted from the filing system in which it is kept, particularly if the Customer's Account is deleted.
7. The Seller may refuse to delete the Customer’s personal data if the Customer has not paid all amounts due to the Seller and/or has violated the applicable law and keeping the personal data is necessary to investigate the matter and determine the Customer’s liability.
8. The Seller shall protect the personal data provided to it and make every effort to keep the data protected against unauthorised access and/or use.
9. The Seller may provide the Customer’s personal data to the Courier only to the extent necessary to complete the Delivery.
10. If the method of payment selected by the Customer is the PayU or PayPal system, his/her personal data will be provided to the operators of these systems to the extent necessary to process the Customer’s payments.
XIV.TERMINATOIN OF THE CONTRACT (OTHER THAN CONTRACT OF SALE)
1. Either the Customer or the Seller may terminate a contract for the provision of services by electronic means at any time and without giving the reasons for the termination, provided that the non-terminating party retains his/her rights acquired prior to the termination and subject to the following provisions:
2. A Customer with a valid Registration may terminate a contract for the provision of services by electronic means by sending the Seller a notice to that effect by means of any method of communication, as long as the Seller is provided with the opportunity to familiarise himself with the notice.
3. The Seller may terminate a contract for the provision of services by electronic means by sending the Customer a notice to that effect to the e-mail address given by the Customer in the Registration process.
1. The Seller shall be liable for his failure to perform or inappropriate performance of his contract with the Customer.
2. If the Customer is a business person, the Seller’s liability under a contract with such a person shall be limited to intentional loss or damage and the actual losses incurred by the Customer as a business person.
3. The text of these Terms & Conditions may be stored for future reference by printing, recording on a data carrier or downloading at any time from the Online Store Website.
4. In the event of a dispute arising from the Contract of Sale, the parties shall endeavour to solve the dispute amicably.
5. All disputes from these Terms & Conditions shall be resolved in accordance with the laws of United Kingdom.
6. The Customer is free to use out-of-court methods of investigating complaints and pursuing claims.
7. The Seller reserves the right to amend these Terms & Conditions.
8. All orders accepted by the Seller for processing before the effective date of the amended Terms & Conditions shall be processed in accordance with the Terms & Conditions that were in effect on the day when the Customer placed the order.
9. The amended Terms & Conditions shall become effective within 7 days of their publication on the Online Store Website.
10. The Seller shall notify the Customer of each amendment to these Terms & Conditions seven (7) days before the effective date of the amendment, by sending the Customer an e-mail with a link to the text of the amended Terms & Conditions.
11. If the Customer refuses to accept the amended Terms & Conditions, he/she should immediately notify the Seller of that fact, in which case the contract between the Customer and the Seller shall be terminated in accordance with these Terms & Conditions.
These Terms & Conditions shall become effective as of 1 January 2020.