All items purchased from www.Etherial.eu are subject to the terms and conditions set out herein
USE OF WEB-SITE
1. These Terms and Conditions will apply when you access our web-site and use our online ordering service. They explain your rights and obligations. Please read them carefully. You may have other rights granted by law and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.
2. By using this web-site you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not use or access this web-site.
SECURITY OF YOUR ACCOUNT
3. You are responsible for maintaining the confidentiality of your account details, including passwords. We shall not be liable to you for any loss occurring as a result of failure by you to maintain the security of this information.
4. We reserve the right to refuse access to the web-site, terminate personal accounts, amend and remove content and cancel orders (at no cost to you).
5. The information you provide to us must be complete, correct, and up to date. If you fail to provide complete and correct information, or fail to promptly update it when there are changes, this will be a breach of your agreement with us. We reserve the right to cancel any order and/or disable or delete any account where: we find that the information you have provided us is not complete, correct, and up to date; your account is used in connection with fraud, illegality, offensive or abusive conduct, the infringement of intellectual property rights, or to cause anxiety or annoyance to any person, or we reasonably suspect any of the foregoing or your involvement in them; we find that you received incomplete, or incorrect information before you placed your order.
6. We make every effort to ensure that our web-site is free from viruses and defects. However it is your responsibility to ensure that your computer is properly protected and updated with specialist screening software available to screen out anything which may damage it. We cannot guarantee that using this web-site or other web-sites which can be accessed through our web-site will not result in any damage to your computer.
7. We shall not be liable to you for any loss or damage which may arise to computer equipment as a result of using this web-site or any web-sites accessible through it
MAKING A PURCHASE
8. To purchase from us you must be over 18 years of age.
9. After you have placed your order we will send you an order acknowledgement by email. Our acceptance of your order and completion of our contract with you does not take place until the goods are dispatched to you. We will not be held wholly or partly responsible for any circumstances beyond our reasonable control, which cause the delay or failure to deliver the goods or services, or to comply with any other obligation. Failure to deliver the goods or services means ANY PROBLEM(S) arising from failure of the POSTAL or DELIVERY SERVICES to deliver the goods to you which is totally BEYOND our control. Please BE AWARE that we Carefully PHOTOGRAPH ALL PACKAGED ITEMS before they are shipped complete with their tracking numbers and delivery address in order to PROVE that we have sent you the item. A copy of these photographs can be sent to you upon request.
10. The goods will be at your risk form the time of delivery
11. You shall not own the goods until we receive payment in full and cleared funds from you.
DESCRIPTION OF GOODS
12. We have made every effort to accurately represent the information and colours of products on this web-site. However, as colours vary between different monitors, we cannot guarantee that your monitor’s display will accurately reflect the actual product colour.
13. To the extent permitted by law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the content of this web-site. We shall not be liable to you for any loss or damage which may arise from the use of any of the content of this web-site.
13.5 Certain items of Etherial Jewellery are not hand made due to their complexity. Moreover, certain items of Etherial are not made by us. This is also made crystal clear in the "philosophy" section of this website which clearly states: Etherial has hosted many guest designers who design Jewellery and Accessories for us and in turn we host and sell their Jewellery and Accessory designs aswell. You are more than welcome and reserve the right to ASK US BEFORE YOU MAKE A PURCHASE if a product has been designed and/or manufactured by us. If you do not ask us, then you can not return an item(s) claiming that it is not our design. We make it clear that NOT all designs are ours and on occassions we purchase jewelry from other designers making us one of the most diverse Rock'n'Roll Maverick Jewelry Boutiques in the world.
14. Prices shown on the site are inclusive of VAT (Value Added Tax) which is a necessary unavoidable European Tax. There is NO additional delivery or shipping or packaging charge added for all goods. The total amount payable including delivery charge will be displayed by PayPal before the order is confirmed by the customer & the order is placed.
15. Prices are liable to change without notice, however product price changes will not affect orders which have already been placed and an order dispatch email has been received. If the price of an item is reduced after an order is placed the difference will not be refunded. Reduction in prices may also occur when we are gradually withdrawing a product and wish to sell our stock.
16. We also reserve the right to change the price of any item on the web-site where that item has been priced incorrectly. If we find the price of the goods you have ordered has changed from the amount set out on the web-site when you placed the order with us, we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed then please remember that we will still not be under an obligation to supply the goods until we have confirmed that we have both accepted your order and that it has been dispatched. No contract will exist until we have confirmed this. If you confirm that you do not wish to proceed, your order will be cancelled and neither of us shall have any further liability to the other. Increase and Decrease in Prices usually go side by side with the increase and decrease of the price of the precious metals (Platinum, Gold and Silver).
17. All payments must be made at the time of placing the order. Currectly we ONLY accept PayPal which is very secure for both you and us. If we are unable to accept your order then we shall, at our option, Refund you via PayPal.
18. We aim to deliver goods to you within the time indicated by us in our acceptance but we cannot give an exact delivery date and any delivery date is merely an indication of the delivery timescale. We may also deliver the goods in several consignments but if we do this we will not charge you any extra for delivery. If we have not delivered the goods within 30 days of the date given in our acceptance then you may at your option cancel the contract and we will refund any money paid by you. This will be your sole remedy and we shall have no further liability to you. But please be aware again that we will not be held wholly or partly responsible for any circumstances beyond our reasonable control, which cause the delay or failure to deliver the goods or services, or to comply with any other obligation. Failure to deliver the goods or services means ANY PROBLEM(S) arising from failure of the POSTAL or DELIVERY SERVICES to deliver the goods to you which is totally BEYOND our control. Please BE AWARE that we Carefully PHOTOGRAPH ALL PACKAGED ITEMS before they are shipped complete with their tracking numbers and delivery address in order to PROVE that we have sent you the item. A copy of these photographs can be sent to you upon request.
19. In the event that we are unable to deliver the goods to you within 30 days of the date given in our acceptance due to stock unavailability or other difficulties beyond our control we may at our option cancel the contract and we will refund any money paid by you. This will be your sole remedy and we shall have no further liability to you.
20. If only part of your order is available, we will dispatch the items that are in stock and cancel the out of stock items. You will not be charged for any items that are not sent to you.
CANCELLING YOUR ORDER - DISTANCE SELLING REGULATIONS
21. Under the UK’s Distance Selling Regulations you have the right to cancel your order within 7 days of purchase for a full refund. To cancel an order you must inform us in writing (email or post) within 7 days of purchase and return the item(s) to us. You will ONLY be refunded if the good(s) are in re-salable condition without any wear or tear and ONLY after we have received the goods returned by you.
RETURNS - SEVEN DAY COOLING-OFF PERIOD
22. In addition to our returns policy, under the Distance Selling Regulations you have seven working days (beginning the day after receipt) to cancel your purchase. In this case, we will refund the price of the goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
23. We reserve the right to refuse a refund for items returned that are not in a re-saleable condition. Re-saleable condition, means returning goods in their original packaging, unworn, and complete with their original labels.
24. If an incorrect item has been sent to you, or it is faulty or damaged we will refund the delivery charges that you have paid to receive that item unless it was sent to you with other items that you are not returning.
25. We will only refund the price of the item to the purchaser once it is received by us. Following receipt by us, it may take up to 14 working days to credit the purchaser’s account. We will only refund to the same account used to make the purchase.
PRODUCTS WE ARE UNABLE TO REFUND
26. Please note that your right to return products does NOT apply to products which fall into the following categories: Evidence of extended usage, pierced/broken Jewelry.
27. If you would like an alternative item or size, please return the unwanted item(s) and place a new order for the item(s) which you would like.
28. We are committed to protecting the privacy of our site visitors and customers and treat all your personal information as confidential, though we do reserve the right to disclose this information in specific circumstances as described in these Terms and Conditions. We confirm that any personal information that you provide to us is held in accordance with UK Data Protection legislation.
29. Your personal information may be disclosed to third parties who assist us in processing your order. We require all such third parties to treat your personal information as confidential and to comply with all applicable European Union and/or UK Data Protection legislation.
30. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information, we are entitled do so.
COLLECTION OF PERSONAL INFORMATION
31. We continuously monitor this web-site and may capture information about your visit that will help us improve our service to you. When using this web-site, we will collect personal information from you such as your name, address, e-mail address, telephone number, payment information and a password.
32. Whilst on our web-site, we may also collect user information about your location (e.g. an IP address), the pages of our web-site that you visited and any search terms that you used. We may collect this information even if you do not register with us.
USE OF PERSONAL INFORMATION
34. We only use your personal information for the following purposes:
1. (i) Processing your orders;
2. (ii) For statistical or survey purposes to improve this web-site and its services to you;
3. (iii) To administer this web-site;
4. (iv) If you consent, to notify you of products or special offers that may be of interest to you.
35. When you register or order online you will be given the opportunity to receive information from us about our products, promotions or special offers. If you do not wish to be contacted for such purposes, please ensure that you tick the appropriate box as you go through the process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at [email protected]
36. You confirm that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing.
OWNERSHIP AND INTELLECTUAL PROPERTY
37. All intellectual property rights, trademarks and copyright for all material on the web-site are owned by us. You may use any of the information within web-site or your personal use only. You agree not to copy, transmit, reproduce, publish or distribute any material from the web-site or use any information for non-personal or commercial purposes. You may print extracts from the web-site or download and copy information to a local hard drive for your personal use only. You may not link to or frame the web-site or any part of it without our express permission.
38. You agree to indemnify us fully from any and all claims, liabilities, damages, costs and expenses (including legal fees) arising from your breach of these Terms and Conditions.
LIMITATION OF OUR LIABILITY
39. We warrant to you that any goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
40. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
41. This does not include or limit in any way our liability:
1. (i) For death or personal injury caused by our negligence;
2. (ii) Under section 2(3) of the Consumer Protection Act 1987;
3. (iii) For fraud or fraudulent misrepresentation; or
4. (iv) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
42. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise ,even if foreseeable.
43. Nothing contained within these terms and conditions shall affect your statutory rights.
44. We advise you to print a copy of these Terms and Conditions and your order for your information in the future, as we may not necessarily keep a copy of these.
ALTERATION TO THE TERMS AND CONDITIONS, WAIVER & GOVERNING LAW
45. We reserve the right to amend these terms and conditions if necessary. You will be subject to the terms and conditions at the time that you use the web-site unless any change is required by law or government authority. If any of these terms and conditions is deemed invalid or unenforceable by any competent authority, that condition will be removed. This will not affect any of the remaining terms and conditions. Any delay or failure by us to exercise our legal rights within our contract with you should not be seen as a waiver of our legal rights.
46. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the conditions.
47. These terms and conditions are governed by and will construed in accordance with the laws of England. You and we agree to submit to the exclusive jurisdiction of the English Courts.
48. Any contract between us shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
49. These terms and conditions constitute the entire agreement between the parties and supersede all previous agreements between us