Terms of business
1. These terms
1.1 These are the terms and conditions on which we supply products including goods and services to you.
1.2 Please read these terms carefully before you submit your order to us. You should understand that by making any orders you agree to be bound by these terms and conditions.
2. Information about us
2.1 We are Liv Luttrell Ltd a company registered in England and Wales. Our company registration number is 10349564 and our registered office is at Andrews and Palmer Chartered Accountants, 32 The Square, Gillingham, Dorset, SP8 4AR.
2.2 Our VAT registration number is 329 3127 08.
3. Your status
3.1 By placing any order you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old.
4. Our products and services
4.1 We provide the following: (a) In house Fine Jewellery Editions where pieces are usually kept in stock. (b) Fine Jewellery Editions where the item is made to order based on a pre-existing design. (c) Bespoke Jewellery where we design a one off piece of jewellery to your specification. (d) As part of our Bespoke Jewellery service we also provide initial design services. (e) Engraving Service (f) Stone Sourcing Service
4.2 Fine Jewellery Editions and Bespoke Jewellery is made to measure, personalised or customised and is a customised Product.
4.3 The initial design service, Engraving Service and Stone Sourcing Service are Bespoke Services
4.4 Products may vary slightly from their pictures. The images of the products in our brochure and on our website or in marketing materials or the media are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly in colour and size from those images. Small variations in size metal finish may occur. In addition, stone weights may vary.
4.5 Product packaging may vary. The packaging of the product may vary from that shown in images in our brochure and on our website.
THIS SECTION APPLIES TO JEWELLERY EDITIONS VIEWED IN PERSON EITHER IN OUR LONDON SHOWROOM OR AT ANOTHER LOCATION
5 By placing an order with us you represent and warrant that you are bona fide end-user customer and will not deliver, sell or otherwise distribute our products or purchase our products for commercial purpose or any other commercial benefit. If we believe for legitimate grounds, that an order would violate these terms, we may refuse such order.
5.1 Viewings for Fine Jewellery Editions and In House Fine Jewellery editions can be booked by contacting us and usually take place at our private showroom in the city of London.
5.2 Clients may view our Fine Jewellery Editions and In House Fine Jewellery Editions when we host an event or when showing internationally, these terms apply to all viewings in person.
5.3 During this viewing we will take notes for any fitting requirements and customisation requests which will be communicated clearly usually after the viewing via email along with the final quote.
5.4 In House Fine Jewellery Editions may be purchased and collected during the viewing if they are available.
5.5 There may only be a sample of the In House Fine Jewellery Edition available for display purposes, if this is the case delivery of the product will be agreed with the client. Please refer to section 7 - section 10 for purchase, payment and delivery options following a personal viewing.
THIS SECTION OF OUR TERMS AND CONDITIONS RELATES TO PURCHASED AT A DISTANCE.
6. Placing an Order
6.1 By placing an order with us via email or phone, you represent and warrant that you are bona fide end-user customer and will not deliver, sell or otherwise distribute our products or purchase our products for commercial purpose or any other commercial benefit. If we believe for legitimate grounds, that an order would violate these terms, we may refuse such order.
6.2 If you enquire about a design shown on our website then we will inform you of the price and delivery charges via email or telephone.
THIS SECTION APPLIES TO PURCHASE OF ALL FINE JEWELLERY EDITIONS WHETHER VIEWED PERSONALLY IN OUR SHOWROOM OR ONLINE
7 If you agree to the price we will confirm our acceptance of your order by sending you an “order confirmation email” which will make the agreement legally binding on you and us. Each order placed will incorporate these terms and shall be a new and separate contract between you and us.
7.1 At this point we will send you an invoice which you should pay with in 14 days. If you are purchasing an In House Fine Jewellery Edition during a viewing then the transfer should be made and confirmed during this viewing.
7.2 For Fine Jewellery Editions if before the start manufacturing date the cost of relevant raw materials goes up by 10% or more than the price agreement then the order will be cancelled. We will communicate with you the new price and if you are not happy to go ahead we will offer you a refund.
7.3 If we are providing an Engraving Service for your Fine Jewellery item you are responsible for ensuring the information you provide is correct.
7.4 If your order is not accepted we will contact you to confirm this and you will not be charged for your order. We may reject an order for any of the following reasons: (a) Where we cannot obtain authorisation for any of your payments; (b) If there has been a relevant pricing or product description error; (c) If your order otherwise breaches any of the requirements of these terms; (d) We suspect that the order has been placed fraudulently.
8. Pricing
8.1 In rare cases, the price quoted for a product may be communicated incorrectly. We will aim to rectify any such error as quickly as possible and will notify you of the correct price as soon as it becomes apparent to us. We are under no obligation to provide the product to you at the incorrect price, even after an Order Confirmation has been sent.
9. Payment
9.1 We only accept payment via direct bank transfer, the details of which will be clearly communicated in a quote and invoice.
9.2 When submitting your order, you warrant that all the details you have provided are valid and accurate at the time, and that when your order is accepted by us, payment will be made in full.
9.3 If we cannot accept your order for the reasons outlined in Section 7.4 then we will not invoice you or will issue a refund.
10. Delivery
10.1 We will agree the most suitable delivery methods for our products with you.
10.2 We are able to arrange personal collection of the purchased design from our London showroom.
10.3 Couriers can be arranged for UK and worldwide deliveries, options and costs for this including guidance on import duties will be clearly communicated with the client prior to purchase on a case by case basis.
10.4 Please note import restrictions are in place for fine jewellery in some territories. We will advise a client looking to make a purchase of a piece of how these apply to them prior to confirming the purchase.
10.5 An estimated delivery date will be given when you place your order. Occasionally our delivery to you may be affected by an Event Outside Our Control, please see section 20 for further information on this. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
10.6 Generally the time for delivery is 4- 6 weeks for Fine Jewellery Editions.
10.7 The delivered item will be your responsibility from the time we deliver to the address you gave us or when you or you agent collect it from us.
11 Consumer Rights
11.1 For In house Jewellery Editions, save for pierced earrings, you have the legal right to change your mind within 14 days and receive a refund.
11.2 For Fine Jewellery Editions, all of which are made to order you have no legal right to change your mind.
11.3 If your item is of unsatisfactory quality you are entitled to a refund up to 30 days after you have received it. After 30 days you are only entitled to a refund if we are unable to repair or replace the item. In either case you will need to inform us of this and we will agree with you the method of returning the products to us at our cost.
THIS SECTION OF OUR TERMS AND CONDITIONS RELATES TO BESPOKE PRODUCTS AND SERVICES PURCHASED IN PERSON
12 Bespoke Products
12.1 Each Bespoke Product is made individually to your specification.
12.2 If we are making any Bespoke Product to your measurements or we are providing an Engraving Service you are responsible for ensuring that the information you provide is correct.
12.3 We reserve the right to refuse to personalise products which include any content or material which infringes copyright or any other rights or is offensive or contravenes any applicable laws.
13 Bespoke Jewellery
13.1 The initial design consultation can be booked by contacting us. We would recommend that it take place at our show room in the city of London.
13.2 We are sometimes able to host the initial design consultation at a location of your choosing. We retain the right to accept or decline location suggestions on a case by case basis.
13.3 If after the design consultation you would like to go ahead with the design process then we will invoice you for the design fee. The design fee is agreed on a case by case basis and is dictated by the complexity of the design. This fee must be paid with in 14 days of the invoice. The design process will not start before the payment has been received.
13.4 During the design process we will usually produce 2 design options If you would like more design options this will incur further costs, these will be communicated clearly in writing and are payable within 14 days of a further invoice
13.5 If you would like to make modifications to any of the initial design options this may incur further costs. These will be communicated clearly in writing and are payable within 14 days of a further invoice.
13.6 The fee for initial designs and any subsequent design fees are considered personalised product and are non-refundable.
13.7 The initial design(s) will be produced within 8 weeks. If we fail to produce the designs within 8 weeks then the design fee can be refunded on your request, unless at any point during the design process a longer time frame has been agreed.
13.8 If you are unable to meet and review the designs within 4 weeks of the initial 8 week design period then we retain the right to keep the fee and end the design.
13.9 The time frame for further designs and design alterations will be communicated clearly to you in writing.
13.10 At the end of the design process a quote will be put together for the design agreed upon.
13.11 Ownership of the design remains with us although a copy of the design will be supplied to you.
14 Stone sourcing
14.1 During the design process we may source any important stones, which are central to your design.
14.2 We usually offer the opportunity for you to view a selection of stone options in person; such viewings will usually be conducted at our London city showroom for security reasons.
14.3 We may be able to conduct a stone viewing at a location of your choice or a convenient location for you. This decision is made by us on a case by case basis.
14.4 In some unusual cases it may only be possible for us to get stones for you to view if the stone is couriered or accompanied by a body guard. In these situations you will bear the cost of added security or travel for the stone(s). These costs will be communicated to you in writing.
14.5 A stone can be purchased separately from the design and manufacturing of the jewellery in which case we will arrange delivery of the stone following full payment.
14.6 We can design and manufacture a product for separately purchased stone(s), in this circumstance we can store your stone during the design and manufacturing process. You will pay a separate deposit for the design and manufacturing process in line with the section “Technical specification and manufacturing of bespoke jewellery”.
14.7 Alternatively the stone can be purchased as an integral part of the designed product in which case you will not pay for the stone separately but will pay a deposit in line with the section “Technical specification and manufacturing of bespoke jewellery”, section 12.
14.8 We can advise on which is the most appropriate sourcing option for you.
14.9 We are only able to guarantee that the stone will be available on the day you view so we recommend that you purchase a stone you are sure about on the day of viewing. We may be able to hold stones for you for a specific period allowing you to take more time on your decision but this must be agreed on a case-by-case basis.
14.10 We cannot recommend that stones will remain at the same price after the day of viewing.
14.11 Once the stone has been purchased we are able to store it for you until the design goes ahead, dependent on the value of the stone this may incur additional costs, which will be made clear to you at the time.
14.12 While your stone is in our care we take full responsibility for it.
14.14 If any stone we are entrusted is lost, stolen or damaged we are only able to offer a replacement stone, which we will source, we cannot offer you replacement cash.
15. Technical specification and manufacturing bespoke jewellery.
15.1 Once the design is agreed we will agree a final price for manufacturing. We will send you confirmation of this in writing.
15.2 If you agree the price we will ask you to pay a deposit. This deposit will generally be between 50%-60% of the retail price. At this point we will send you an invoice which you should pay within 14 days. Once this is paid the contract is formed between us.
15.3 Once we have received the deposit we will create the technical specification prior to starting manufacturing.
15.4 If before the start manufacturing date the cost of relevant raw materials goes up by 10% or more than the price agreement then the order will be cancelled. We will communicate with you the new price and if you are not happy to go ahead we will offer you a refund.
15.5 Time frame – the technical specification and manufacturing process usually takes between 8-12 weeks. This time frame may take longer for very complex pieces. We will agree the time frame at the time of agreeing the final price.
15.6 Once the product has been completed we will let you know in writing. At this point we will send you an invoice which you should pay with in 14 days. The final payment for the item must be completed before we are able to release your bespoke item.
15.7 Bespoke products may differ slightly in appearance from the final hand drawn or computer rendering. We always endeavour to manufacture the product to look as close as is possible to the rendering agreed.
16. Delivery
16.1 We will agree the most suitable and delivery methods for our products with you.
16.2 The delivered item will be your responsibility from the time we deliver to the address you gave us or when a carrier you have arranged has picked it up from us.
17. Consumer rights
17.1 All our Bespoke Products are made to your specifications and as a result you do not have a legal right to change your mind within 14 days and receive a refund.
17.2 If your item is of unsatisfactory quality, up to 30 days after you have received it you are entitled to a refund. After 30 days you are only entitled to a refund if we are unable to repair or replace the item. In either case you will need to inform us of this and we will agree with you the method of returning the products to us at our cost .
GENERAL TERMS
18. Privacy
18.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this.
18.2 Intellectual Property Rights. All material in our brochures on our website is either owned by or licensed to us and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, photography text, layout, look and graphics. All worldwide rights are reserved. All designs created by us belong to us
18.3 You may not copy, distribute, create any derivative work or commercially exploit the content from us , or any of the material found on our website without our prior express, written permission. Unauthorised use of the website and the materials within it may give rise to a claim for damages and/or be a criminal offence.
18.4 We use cookies to provide the services and features offered on our website, and to improve our user experience. Cookies are small files or other pieces of data which are downloaded or stored on your computer or other device, that can be tied to information about your use of our website (including certain third party services and features offered as part of our website). Please note that if you delete or disable our cookies you may experience interruptions or limited functionality in certain areas of the website.
19. Liability
19.1 We are responsible for foreseeable loss and damage caused by us. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We are not liable for business losses. We only supply the products for private use . If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit , loss of business or loss of business opportunity.
20. Risk and title
20.1 The products will be at your risk from the time of delivery.
20.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
21. Termination
21.1 We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due. 21.2 All invoices should be paid with in 14 days unless other wise agreed.
22. Events Outside Our Control
22.1 We, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production of delivery of, the products that is caused by an Event Outside Our Control, as defined below.
22.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.
23. Law and Jurisdiction
23.1 These Terms, the Services and each Order and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only.
24. Sustainability
24.1 We aim to promote and follow good sustainability practice.
24.2 Principles. Our Sustainability Policy is based upon the following principles:(a) To comply with, and exceed where practicable, all applicable legislation, regulations and codes of practice; (b) To integrate sustainability considerations into all our business decisions; (c) To ensure that all staff are fully aware of our Sustainability Policy and are committed to implementing and improving it; (d) To minimise the impact on sustainability of all office and transportation activities; (e) To make clients and suppliers aware of our Sustainability Policy, and encourage them to adopt sound sustainable management practices; (f) To review and continually strive to improve our sustainability performance.