Terms of service
OVERVIEW
Welcome to Ashley Inness Jewellery. Throughout these Terms of Service, the terms “I”, “me” and “my” refer to Ashley Inness Jewellery.
I operate this online store and website, including all related information, content, features, tools, products and services (collectively, the “Services”), to provide you with the opportunity to browse and purchase my jewellery. My online store is powered by Shopify, which enables me to offer these Services.
These Terms of Service, together with any policies referred to in them, set out the terms and conditions that apply when you access or use my Services. They explain your rights and responsibilities when shopping with Ashley Inness Jewellery.
Please read these Terms of Service carefully, as they contain important information about your legal rights and responsibilities.
By accessing or using my Services, you agree to these Terms of Service and my Privacy Policy. If you do not agree to these Terms or my Privacy Policy, you should not access or use my Services.
SECTION 1 - ACCESS AND ACCOUNT
By using my Services, you confirm that you are legally able to enter into a binding contract. If you allow a child to access or use my Services, you are responsible for supervising their use where appropriate.
When using my Services, including browsing my online store or placing an order, you may be asked to provide certain information, such as your name, email address, billing address, delivery address and payment details. You agree that any information you provide is accurate, current and complete, and that you are entitled to provide it.
If you create an account with my store, you are responsible for keeping your login details secure and for activity carried out through your account. You must not sell, transfer or allow another person to take over your account.
SECTION 2 - MY PRODUCTS
Each piece of jewellery is individually handmade by me. As a result, slight variations in appearance, texture, finish and other details may occur between individual pieces. Where natural gemstones are used, variations in colour, pattern, inclusions and appearance are also to be expected. These natural and handmade variations are part of the individual character of each piece.
I take care to ensure that product photographs, descriptions and other information in my online store accurately represent my jewellery. However, colours and details may appear slightly different depending on your screen, device and display settings.
I may update product descriptions, photographs, designs and other information from time to time. I may also discontinue a product or limit the quantities available for purchase. Any changes will not affect an order that I have already accepted, unless we agree otherwise or the law allows it.
Nothing in these Terms affects your statutory rights under UK consumer law. In particular, your legal rights remain in place if a product is faulty, not as described or otherwise fails to meet the requirements of applicable consumer law.
SECTION 3 - ORDERS
When you place an order through my online store, you are making an offer to purchase the items in your order. I will send you an email confirming receipt of your order. Your order is accepted when I confirm acceptance by email, subject to successful payment.
I reserve the right to decline or cancel an order where there is a legitimate reason to do so, such as a product being unavailable, an error in the product listing or price, or a problem processing payment. If I need to cancel an order after payment has been taken, I will notify you and refund any payment made for the cancelled items.
Please check your order carefully before submitting it. If you need to make a change or cancel an order, please contact me as soon as possible. I will do my best to help, although changes may not be possible once work has started or an order has been dispatched. This does not affect any cancellation rights you may have under applicable consumer law.
Returns, refunds and exchanges are handled in accordance with my Return and Refund Policy and your statutory rights under UK consumer law.
My products are intended for personal or household use. If you wish to purchase items for resale or other commercial purposes, please contact me before placing your order.
SECTION 4 - PRICES AND BILLING
Delivery charges, where applicable, will be shown separately before you complete your order.
Prices, discounts and promotions may change from time to time without notice. The price charged for your order will be the price displayed when you place your order, as confirmed in your order confirmation email. Any changes to prices will not affect orders I have already accepted.
I may occasionally offer promotions or discounts that are subject to additional terms and conditions. If those terms conflict with these Terms of Service, the specific promotion terms will apply to that promotion.
Prices in my online store may differ from prices offered at in-person events or through other retailers.
You agree to provide accurate, complete and up-to-date information when placing an order, including your contact, billing and delivery details. You are responsible for ensuring that you are authorised to use the payment method provided and that sufficient funds or credit are available to complete your purchase.
Payment must be made using one of the payment methods available at checkout. I reserve the right to take appropriate action if a payment fails or is declined.
SECTION 5 - SHIPPING AND DELIVERY
I aim to dispatch orders within the estimated timeframes stated in my Delivery Policy. Delivery times are estimates and may occasionally be affected by circumstances outside my control, including disruption to postal services.
If there is a significant delay with your order, I will do my best to keep you informed and help resolve the issue. Nothing in these Terms affects your statutory rights if your order is delayed or fails to arrive.
If your order is delayed or appears to be lost, please contact me so I can investigate.
SECTION 6 - INTELLECTUAL PROPERTY
The content on this website, including my jewellery designs, photographs, images, text, logo, branding and other original materials, is owned by Ashley Inness Jewellery or used with permission from the relevant rights holders. This content is protected by applicable intellectual property laws, including UK copyright law.
You may browse this website and use its content for your personal, non-commercial purposes. You must not copy, reproduce, distribute, modify, publish or otherwise use my content for commercial purposes without my prior written permission, unless permitted by law.
Nothing in these Terms grants you ownership of, or any licence to use, my intellectual property beyond what is expressly permitted above. All rights not expressly granted are reserved.
The Ashley Inness Jewellery name, logo, branding and original jewellery designs must not be used without my prior written permission, except where permitted by law.
Shopify and its name, logo and other branding belong to Shopify. Any other third-party names, logos or materials appearing on this website remain the property of their respective owners.
SECTION 7 - THIRD-PARTY LINKS
My website may contain links to third-party websites or services, including embedded features provided by third parties. These websites and services are operated independently of Ashley Inness Jewellery, and I am not responsible for their content, accuracy, availability or policies.
If you choose to visit a third-party website or use a third-party service, you do so subject to that provider's own terms and policies. I recommend reviewing these before providing personal information or making a purchase through that website or service.
Any questions, complaints or concerns about products, services or content provided by a third party should be directed to the relevant provider.
Nothing in this section affects any rights or responsibilities that cannot lawfully be excluded or limited.
SECTION 8 - RELATIONSHIP WITH SHOPIFY
My online store is powered by Shopify, which provides the platform that enables me to sell my jewellery online. However, any purchases you make through my store are made directly from Ashley Inness Jewellery, and I am responsible for fulfilling your order and meeting my obligations as the seller.
Shopify is not the seller of my jewellery and is not responsible for fulfilling orders placed through my store. Nothing in these Terms affects any rights you may have against me under applicable consumer law.
SECTION 9 - PRIVACY POLICY
I respect your privacy and handle your personal information in accordance with my privacy policy.
My online store is hosted by Shopify, which processes personal information to provide and support the operation of my store. When you use my store, your information may be processed by Shopify and by third-party service providers where necessary to operate the store, process payments, fulfil orders and provide other related services.
Some of these service providers may process personal information outside the UK. Where this happens, appropriate safeguards will be used where required by applicable data protection law.
For more information about how I and my service providers collect, use, store and share personal information, including your rights under applicable data protection law, please read my privacy policy and Shopify's Privacy Policy.
SECTION 10 - FEEDBACK
If you submit feedback, reviews, photographs or other content relating to my products or services, you retain ownership of any intellectual property rights you hold in that content.
By submitting content to me for publication or display on my website, social media or other marketing channels, you grant me permission to use, reproduce and display that content for the purpose of showcasing my jewellery, sharing customer experiences and promoting Ashley Inness Jewellery. I will not use your full name or other identifying details without your permission.
I may refer to customers by their first name or initial when sharing feedback or photographs. Please do not submit content that you do not have the right to share.
I reserve the right to remove or decline to publish feedback or other content that is unlawful, misleading, abusive or infringes another person's rights.
Nothing in this section affects any rights you may have under applicable law.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on my website may contain typographical errors, inaccuracies or omissions, including in product descriptions, prices, promotions, delivery charges, delivery estimates or product availability.
I reserve the right to correct errors, update information and amend website content where necessary. If I discover an error affecting an order you have placed, I will contact you as soon as reasonably possible to explain the issue and discuss the appropriate next steps.
Where an error means I cannot fulfil your order as agreed, I may need to cancel the order and refund any payment made, subject to applicable law. Nothing in this section affects your statutory rights.
SECTION 12 - PROHIBITED USES
You may use my website and services for lawful purposes only. You must not use them:
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For any unlawful, fraudulent or malicious purpose.
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To violate any applicable laws or regulations.
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To infringe my intellectual property rights or those of any other person.
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To harass, threaten, abuse or harm me or any other person.
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To submit or transmit false, misleading, unlawful or defamatory content.
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To send spam, unsolicited advertising or other unauthorised promotional material through my website or its features.
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To impersonate another person or misrepresent your identity.
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To interfere with the operation, security or availability of my website or services, or to prevent others from using them normally.
You must not:
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Upload or transmit viruses, malicious code or other harmful material.
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Attempt to gain unauthorised access to my website, its systems or any associated accounts or data.
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Collect or misuse other people's personal information through my website.
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Copy, reproduce, extract, resell or commercially exploit my website content or services without my permission, except where permitted by law.
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Use automated methods to access or extract website content in a way that interferes with the operation of my website, breaches these Terms or infringes applicable rights.
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Bypass or interfere with security measures used to protect my website or restrict unauthorised access.
I reserve the right to restrict or suspend access to my website where I reasonably believe that these Terms have been breached or that such action is necessary to protect my business, customers or website. Any action taken will be subject to applicable law.
Nothing in this section restricts any rights you may have under applicable law.
SECTION 13 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if I have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 I may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 14 - TERMINATION
I may suspend or restrict access to my website or Services where reasonably necessary, including where I believe these Terms have been breached or where action is needed to protect my business, customers or website.
Ending or restricting access to my website does not affect any rights or obligations that have already arisen, including my obligations in relation to orders already accepted, or any rights you have under applicable law.
Any provisions of these Terms that are intended by their nature to continue after termination will remain in effect, including those relating to intellectual property, feedback, privacy, liability, governing law and any other relevant provisions.
SECTION 15 - DISCLAIMER OF WARRANTIES
I aim to ensure that the information on my website is accurate and up to date. However, the website may occasionally contain errors, omissions or outdated information, and I cannot guarantee that all content will always be complete or current. Website information is provided for general information purposes and should not be relied upon as a substitute for advice where professional advice is appropriate.
I do not guarantee that my website or Services will always be available, uninterrupted, secure or free from errors. Access may occasionally be suspended or restricted for maintenance, updates or reasons outside my control.
Nothing in these Terms excludes or limits any rights or remedies you have under applicable consumer law. In particular, your statutory rights in relation to the quality, fitness for purpose and description of products you purchase from me remain unaffected.
SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any rights or remedies you have under applicable consumer law.
Subject to the above, I am not responsible for losses that were not reasonably foreseeable when you entered into a contract with me, or for losses arising from circumstances outside my reasonable control.
I am not responsible for any loss arising from your use of my website where that loss results from circumstances beyond my reasonable control, or from your failure to use the website appropriately.
Nothing in this section affects my obligations as the seller of products purchased through my online store or your statutory rights in relation to those products.
SECTION 17 - INDEMNIFICATION
You are responsible for losses or claims arising from your unlawful use of my website or your infringement of another person's rights, to the extent that you are legally responsible for those losses or claims.
Nothing in this section makes you responsible for losses caused by my own actions or omissions, or excludes or limits any rights or protections you have under applicable consumer law.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as separate from the remaining provisions to the extent required. This will not affect the validity or enforceability of the remaining provisions.
Nothing in this section affects any rights you have under applicable law.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
If I do not exercise or enforce a right or provision of these Terms, this does not mean that I waive that right or provision.
These Terms, together with my Privacy Policy and any other policies expressly incorporated into them, set out the terms governing your use of my website and Services. They replace any previous versions of these Terms.
Nothing in this section excludes or limits any rights you have under applicable law.
SECTION 20 - GOVERNING LAW
These Terms and any separate agreements under which I provide products or Services are governed by the laws of England and Wales.
If you are a consumer living in another part of the UK or overseas, you may also have rights under the mandatory consumer protection laws that apply where you live. Nothing in these Terms limits any rights you have under applicable law.
SECTION 21 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the latest version of these Terms on this page.
I may update these Terms from time to time by publishing a revised version on my website. Any changes will take effect from the date stated in the updated Terms, unless otherwise required by law.
Changes will not affect orders already accepted or any rights or obligations that have already arisen, unless the change is agreed with you or permitted by law.
I encourage you to review these Terms periodically so that you are aware of any updates. Nothing in this section affects your rights under applicable law.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at design@ashleyinness.co.uk.