Terms and Conditions

1. Introduction

1.1 These terms and conditions shall govern the sale and purchase of products through all my sales.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order with me

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

1.4 Please note that I am unable to take responsibility for items lost in the post, neither being sent to me nor from me, any delays in postage once it has left my possession. You may need to send more inclusions if a kit or order is lost in the post.
 

2. Interpretation

2.1 In these terms and conditions: (a) "we" or "I" means Angela Crossley trading as Luna's Legacy (b) "you" means my customer or prospective customer, and "us", "my", "our" and "your" should be construed accordingly.

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3. Order process

3.1 The advertising of products on social media, or via myself constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and myself unless and until I accept your order in accordance with the procedure set out in this Section 3.

3.3 Conversations taking place via email, telephone, social media or other means do not constitute order notes. All notes must be put on the order comments otherwise the pieces will be made as standard without any discussed variations. If you forget to add notes please tell me by email within one hour and I will amend your order. You must confirm the changes are correct. I do not accept changes to an order after this.

3.4 Artistic Discretion Elements (ashes/fur etc), colour,. will be placed at the my discretion unless previously agreed and requested on the order when ordering; in this case, I will do my best but still retain artistic discretion. If you have agreed to or asked for something not standard then you must make a note on your order (see 3.3)

Some features you should expect to find in my handmade jewellery include and are not limited to:

• Air bubbles in resin and glass are natural and although I go to great effort to prevent them there may be some visible. This is a normal element in handmade resin jewellery and air bubbles will not be classed as faults

• I often find fibres in locks of fur and other elements and try my best to remove what I can but some may still be visible

• Colours of elements will vary greatly, photos on my website and social media are of other clients' elements and your piece will look very different even with clear resin. Galleries are available for guidance

  • Pieces will never look the exact same as those on my social media because they are all handmade, the materials I use can change and and the elements you send in vary vastly. For example, there are many colour variations in pet cremation ashes including white, grey, black and brown etc, my resin mixes all vary and the light levels used in my photography may vary, as may screen monitor colours.

  • Locks of fur may be transparent, white, blonde, red or dark and it depends on the fur you send me. Most "white" fur is in fact clear and is not visible in resin (see the images), and other locks of fur may be hard to see. Texture varies infinitely too and affect fur placement.

3.5 Proof photos I sometimes make several resin pieces (blanks) and may send proof photos for your consideration where possible. I will set the best piece in metal, taking your preference into account. If you choose (for example) stone 2 from 3 pictured cabochon blanks, I will try my best to use that one. However, when setting, I will use artistic discretion. Sometimes I will find flaws in a blank, for example, and choose a different one to set, or a blank may be damaged during the process. I return unused blanks where possible at no extra charge. I may not send proof photos, and if I do I may not use your preference. Proof photos are low quality images meant as a guide as a goodwill gesture and are not part of the service. They are an extra I may provide when able. If an order is on hold pending reply from a proof photo for more than 48 hours, I may not be able to complete the order in time for a priority order or deadline such as Christmas delivery. I may send anyway without your feedback if working to a deadline.

3.6 My Suppliers I may use different suppliers for my metal meaning some variations. I do my best to keep items consistent but may use different settings etc. Bezels may be smooth, serrated or crown points. Images on social media and my website are considered to be mockups and a guide to how your items will look. My jewellery is all sterling silver 925, stainless steel or leather which includes the cores of my charms.

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4. Products

4.1 The following types of products are or may be available on my website from time to time: customised items containing clients' own elements (for example pet cremation ashes) - no cancellation/refund even if items are not to your satisfaction as products cannot be returned .

4.2 I may periodically change the products available on my website, and I do not undertake to continue to supply any particular product or type of product.

Consumer Rights Act 2015

Section 9 Goods to be of satisfactory quality

• Does not cover anything which makes the quality of the goods unsatisfactory (a) which is specifically drawn to the consumer's attention before the contract is made

Section 10 Goods to be fit for particular purpose

• Applies to a contract to supply goods if before the contract is made the consumer makes known to the trader ... any particular purpose for which the consumer is contracting for the goods

Section 11 Goods to be as described

• Any information that is provided by the trader about the goods ... (main characteristics of goods) is to be treated as included as a term of the contract

Section 19 Consumer's rights to enforce terms about goods

• In this section ... references to goods conforming to a contract are references to (a) the goods conforming to the terms described in sections 9

• [an item]is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

What this means is that an item can't be returned for being "not of satisfactory quality/ fit for purpose/as described" if it contains materials supplied by the customer Eg ashes/ fur and other elements sent to us. So please only order if you have seen enough examples of my work to have confidence in the result. If in doubt please do not proceed with an order.

4.3 Images - I retain ownership of all images of work I have undertaken and items produced. I reserve the right to use these images in the following ways (not limited to): our websites, sales channels, YouTube and social media, selling images and videos, editing including changing over features and identifying artistic work. Please contact me prior to payment and ordering if you do not wish for images to be used in this way. Images and videos cannot be unpublished due to third party distribution.

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5. Prices

5.1 My prices are quoted on my wesbite  and will be published on social media.

5.2 I will from time to time change the prices quoted on my website but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on my website are stated exclusive of VAT (NB we do not charge VAT).

5.4 It is possible that prices on my website may be incorrectly quoted; accordingly, I will verify prices as part of my sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

5.6 Included in the delivery charge, you will have to pay for a kit to send in your elements, which will be notified to you before the contract of sale comes into force.

5.7 The cost of the kit does not include postage for you to return it to me. Tracked 48 refers to the shipping of your completed order, and does not apply to the kit being returned to me. I recommend you choose Special Delivery or a tracked method if you would like to track the kit. All customers are wholly responsible for the cost of returning kits to me.

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6. Payments

6.1 You may, during the order process, pay the prices of the products you order.

6.2 Orders made through myself can be paid the payment screen upon ordering.

6.3 If you fail to pay to me any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then I may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay me, within 7 days following the date of our written request:

• An amount equal to the amount of the charge-back terms and conditions, then I may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products. 

• All third party expenses incurred by me in relation to the charge-back (including charges made by my or your bank or payment processor or card issuer)

• An administration fee of GBP 25.00 including VAT; and

• All my reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

• Orders may be started and not completed while payment is outstanding. Any pieces in progress remain our work product until paid for and completed.

6.4 You are wholly responsible for any charges to receive your order from customs, duties, VAT and taxes (usually only applies to international orders). You can find out how much this may be by contacting your local customs department and we are unable to provide this information as it varies from country to country. If in doubt, please do not order.

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7. Complaints

7.1 If you wish to complain or have an issue with an order, please email lunaslegacyjewellery@gmail.com I will reply within 14 days and attempt to find a fair solution; please double check your consumer rights, especially section 9 and 19 of the Consumer Rights Act 2015 before you email. You must include your full name and order number and order details from My Account.

7.2 If you are unhappy with the result please contact the Online Dispute Resolution Service; it is a free service. It is not necessary to threaten "legal action" or pay any fees as this is a free impartial specialist. If you would like to contact the Citizens' Advice Bureau please tell them that we have offered ODR.

7.3 You will not have a case with PayPal because they do not cover customised items. If you decide to make a PayPal claim it will be closed in our favour and I will no longer be able to help you. Claims should never be necessary if you have followed my complaints procedure above.

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8. Deliveries

8.1 My policies and procedures relating to the delivery of products are set out in my delivery policy document.

8.2 I will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

8.3 I will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the time period set out below; however, I do not guarantee delivery by this date.

8.4 I do guarantee that unless there are exceptional circumstances all items ordered will be completed within two months following the later of receipt of payment and the receipt of customer elements (such as pet cremation ash) where appropriate. Our current estimated lead time is always available to view on the Frequently Asked Questions page.

8.5 I do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 5 days following order completion.

8.6 I will process your order within one month this may be extended to six months in the case of death or serious illness again. Please see the FAQ page for current lead time estimates.

8.7 The date of an order is whenever I receive your elements (fur/ash/hair etc) and payment in full, whichever comes later.

8.8 I am protected under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134 PART 5 Regulation 42 Time for delivery of goods (1-2) This regulation applies to any sales contract... Unless the trader and the consumer have agreed otherwise. (see 8.7 where you are agreeing to two months plus extension if needed by me)

8.10 By agreeing to these terms and conditions please know that I try my best to return jewellery as soon as possible.

8.11 If an order is on hold pending reply from a proof photo for more than 48 hours, I may not be able to complete the order in time for a priority order or deadline such as Christmas delivery.

8.12 I will always display my current lead time in the frequently asked questions and reserve the right to change my lead time before an order is complete. I may increase the lead time by up to two months during this time. Lead times are advisory only as the pieces are labour intensive and need to be made several times and I reserve the right to complete within a reasonable time outside of the advised lead time.

8.13 You must not send irreplaceable items unless by prior agreement. See the Sending Elements page for information on retaining some of your elements. If I agree to receive irreplaceable items they must be hand- delivered. If you send everything you have and are unhappy with your piece then this does not constitute a reason for a refund even though it excludes you from our remake policy. When something is irreplaceable I will only work with it if you agree that I can only make one attempt.

8.14 Ownership- Upon receipt of your elements I take ownership of them and am able to use them as I see fit to create your order. I will not use your elements for anybody else's jewellery or displays unless you give me prior permission. I may use as much of the elements sent as I need and agree not to waste any unless it is unavoidable. Unused elements will be returned.

8.15 I currently only offer shipping within the UK

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9. Risk and ownership

9.1 The products you purchase from me will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.

9.2 Ownership of a product that you purchase from me will pass to you upon the later of: 

• Delivery of the product; and

• Receipt by me in cleared funds of all amounts due in respect of the product (including delivery charges).

9.3 Until ownership of a product has passed to you, you will possess the product as my fiduciary agent and bailee.

9.4 If you are business customer, then until ownership of a product has passed to you:

• You must store the product separately from other goods; and

• You must ensure that the product is clearly identifiable as belonging to me.

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10. Warranties and representations

10.1 You warrant and represent to me that:

• You are legally capable of entering into binding contracts;

• You have full authority, power and capacity to agree to these terms and conditions;

• All the information that you provide to me in connection with your order is true, accurate, complete and non-misleading; and

• You will be able to take delivery of the products in accordance with these terms and conditions and my delivery policy.

10.2 I warrant to you that:

• I have the right to sell the products that you buy;

• The products I sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

• You shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

• The products you buy will correspond to any description published on my website and my social media;

• The products you buy will be of satisfactory quality.

10.3 All of my warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

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11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will: 

• Limit or exclude any liability for death or personal injury resulting from negligence;

• Limit or exclude any liability for fraud or fraudulent misrepresentation;

• Limit any liabilities in any way that is not permitted under applicable law;

• Exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

• Are subject to Section 11.1;

• Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 I will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5 I will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with me under these terms and conditions as a consumer, this Section 11.5 shall not apply.

11.6 I will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with me under these terms and conditions as a consumer, this Section 11.6 shall not apply.

11.7 You accept that I have an interest in limiting the personal liability of myself and, having regard to that interest, you acknowledge that I am a limited liability entity; you agree that you will not bring any claim personally against myself in respect of any losses you suffer in connection sale through my website or these terms and conditions.

11.8 My aggregate liability to you in respect of any contract to purchase products from me under these terms and conditions shall not exceed the greater of:

• The total amount paid and payable to me under the contract.

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12. Order cancellation

12.1 I may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

• You fail to pay, on time and in full, any amount due to me under that contract; or

• You commit any breach of that contract.

12.2 You may cancel a contract under these terms and conditions immediately, by giving me written notice of termination, if I commit any material breach of that contract.

12.3 I may cancel a contract under these terms and conditions by written notice to you if I am prevented from fulfilling that contract by any event beyond my reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

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13. Consequences of order cancellation

13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:

• I will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

• You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products);

• All the other provisions of these terms and conditions will cease to have an effect, except that Sections 1.3, 6.4, 7.2, 7.4, 9, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.

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14. Scope

14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

14.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

14.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

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15. Revisions

15.1 I may revise these terms and conditions from time to time by publishing a new version on my social media.

15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

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16. Assignment

16.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

16.2 You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

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17. No waivers

17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

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18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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19. Third party rights

19.1 A contract under these terms and conditions is for my benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties' rights under contract under these terms and conditions is not subject to the consent of any third party.

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20. Entire agreement

20.1 Subject to Section 11.1, these terms and conditions, together with my delivery policy and my returns policy and my FAQ's, shall constitute the entire agreement between you myself in relation to the sale and purchase of my products and shall supersede all previous agreements between you and myself in relation to the sale and purchase of our products. By signing and returning your order form you are confirming and agreeing that you have read, understood and agree to these T&Cs as stated on the form.

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21. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

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22. Statutory and regulatory disclosures

22.1 I will not file a copy of these terms and conditions specifically in relation to each user or customer and, if I update these terms and conditions, the version to which you originally agreed will no longer be available on my social media I recommend that you consider saving of these terms and conditions for future reference. (NB to save paper you can highlight the contents of these pages and store them free of charge)

22.2 These terms and conditions are available in the English language only.

22.3 I am not VAT registered

22.4 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes, please see the Trading Standards article about it here.

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23. My details

23.1 This business is owned and operated by Angela Louise Crossley trading as Luna's Legacy or Luna's Legacy Jewellery.

Selling on www.lunaslegacyjewellery.co.uk

Selling in person and advertising and displayling T&Cs, FAQs etc on social media.

23.2 I am not registered in England or Wales as a limited company (limited corporation) but am recognised and have a UTC as self employed by HMRC

23.4 You can contact me by email, using lunaslegacyjewellery@gmail.com