Terms and Conditions of Business for Crafted Crystals
I. Validity of the General Terms and Conditions
Welcome to our website. If you continue to browse, use and purchase from this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our delivery, disclaimer, privacy policy and returns policy govern Crafted Crystal’s relationship with you in relation to this website. These Terms and Conditions may be updated by us from time to time. Any changes we make will be deemed to have come into effect on the date that they have been posted on the Site. You are responsible for reading the terms and conditions. When you place an order with us you will be deemed to have read, understood and accepted these terms and conditions. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
The term “craftedcrystals.com” or “Crafted Crystals” or “us” or “we” or “our” refers to the owner of the website “http://www.craftedcrystals.com”. The term “you” or “your” or “customer” refers to the user or viewer of our website.
No other Terms and Conditions will be accepted by Crafted Crystals and consequently will not form any part of this agreement; this also applies in particular to such Terms and Conditions whose content extends beyond the scope of these Terms and Conditions.
2. Contractual partner
Your contractual partner is
Crafted Crystals
Tel: 07580 244191
info@craftedcrystals.com
3. Subject and purpose of this agreement; condition of the subject of this agreement; customer’s duty to cooperate
3.1. Subject of the Agreement
The subject of the agreement consists of the products, performance of work and services provided by Crafted Crystals as specified within the framework of the ordering process and named in the (electronic or written) confirmation of the order, at the final prices stated therein (inclusive of tax, cost of post and packing, and other components of the price).
The decoration of the products shall be in the form of small pieces of jewellery, in particular small crystals, e.g. CRYSTALLIZED (TM) – Swarovski Elements, permanently attached by adhesive to cover much of the surface of these products, which are supplied by customers or provided by Crafted Crystals.
3.2. Condition of the subject of the agreement
The method of decoration described above can result in individual stones breaking off. Especially at certain exposed places such as corners, edges and projecting parts, if the decorated product is subjected to considerable stress, for example if it falls onto or strikes hard surfaces or objects. It is in the nature of the products and work provided by Crafted Crystals that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial stresses than the original surface of the product purchased or supplied for subsequent decoration.
Decoration of the products by Crafted Crystals may possibly lead to the termination or invalidity of guarantees by the respective manufacturer of that product.
The decoration of products by Crafted Crystals can also lead to slight functional impairments (e.g. reduced transmitting and receiving performance, attenuated ring tone volume, restricted accessibility and operability of control elements, reduced surface heat dissipation) compared with similar, non-decorated products.
These limitations form part of the agreed condition of the products and work provided by Crafted Crystals and do not represent a defect or any other defective performance on the part of Crafted Crystals.
3.3. These items are not toys
The products decorated by Crafted Crystals are not toys and are unsuitable for children of any age. In particular the possibility cannot be ruled out that small pieces of the decorated surface may break off when the items are handled by children, who could swallow them. They may therefore pose a choke hazard and we will not be held responsible for any item which is given to a child.
3.4. Illustrations or images, especially on the Crafted Crystals website
For technical reasons the illustrations or our products and the work performed, as shown on our website, together with other such illustrations, can only provide an approximate representation. In particular colours may differ considerably from those of the actual items, which may also be due to the individual settings of the customer’s computer and monitor, and, because of the use of crystals for decoration, to the particular lighting (daylight, artificial lighting etc.).
Such deviations do not constitute defects in the products or the work performed.
3.5 The customer’s duty to cooperate
If Crafted Crystals receives an order to decorate the customer’s products, the customer shall, at your own expense and risk, dispatch the product(s) to be decorated to Crafted Crystals at the address which will be provided once the order is placed.
Crafted Crystals recommends taking out adequate insurance cover for the consignment.
The customer agrees not to obstruct the activities of Crafted Crystals and, if necessary, to cooperate with Crafted Crystals in completing the agreement.
4. Conclusion of the agreement; language used for the agreement
4.1 Conclusion of the agreement
The product presentations on the Crafted Crystals web page (www.craftedcrystals.com) only represent a non- binding invitation to customers to submit an offer to purchase.
The agreement between Crafted Crystals and the customer is effected by the submission of a binding offer for one or more products and/or work performances from Crafted Crystals (order) by the customer, and the acceptance of such an order by Crafted Crystals (acknowledgement of the order). This may also take the form of an electronic transaction via the Crafted Crystals web page at www.craftedcrystals.com or by e-mail.
Crafted Crystals will confirm the customer’s order without delay and by electronic means (confirmation of the order). This does yet not represent acceptance of the order.
If the payment is authorised, you will receive an e-mail within a few minutes confirming your order, and payment will be taken from your account shortly afterwards.
If payment is authorised but we have a query with your order, an e-mail will be sent to you to advise you of the nature of the query. If we are unable to resolve the query for any reason and cannot dispatch your order, a full refund will be issued.
4.2 Technical stages in the conclusion of the agreement; correction of input errors
Orders in person:
Customer submits design idea and confirms- spelling cannot be changed once submitted and is imperative that it is correct. We will not be held accountable for any incorrect spelling.
Price agreed
Invoice paid
Turnaround time is generally between 10-42 days.
Product Dispatched
Product Delivered
Orders via email:
(1) Customer submits query via send us yours service or contact us form. (2) Design and colours discussed and agreed. (3) Price agreed and payment made (5) Work Completed (6) Crystallized item will be sent back to customer by Royal Mail or other courier via insured delivery after the payment is made and the design is complete.
4.3 Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
4.4 Language used for the agreement
English shall be the only language used for this agreement. If Crafted Crystals also make these Terms and Conditions or other contractual conditions available in another language, in the event of alterations to the content, only the English text version of the Terms and Conditions and contractual conditions shall be applicable.
5. Right of cancellation
The following right of cancellation applies to all consumers/businesses.
The right of cancellation does not apply to contractual statements about orders for decoration, instructing us to specifically customize products in accordance with your own personal requirements (e.g. if we are asked to provide a mobile telephone with your corporate logo or your personal initials or if we implement your own design).
5.1 Your cancellation rights:
Please contact us immediately if you have a problem so that we can resolve it as quickly as possible. You have the right to cancel your order or any item purchased from Crafted Crystals within 12 hours of the order. We MUST receive your cancellation within these 12 hours as all orders are bespoke.
Cancellations must be made in writing, quoting your name and address.
If you have sent your item to be customised and wish to cancel the item will be returned to you in the condition it was in at the time the process was stopped and you will not be issued with a refund in accordance to the distance selling rules.
Please read the Return or Exchange an item section below.
Return or exchange
If the item you received is faulty at the time of delivery, please contact us with your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. You have 14 days from receipt of the faulty item to return it to us.
Discount codes and free gifts
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Any free gifts given with an item which has been sent back for a refund must be returned also.
This returns policy does not affect your statutory rights.
*Note: Products must be returned in their original packaging in un-used condition.
5.2 Consequences of cancellation:
In the event of an effective cancellation anything that has been received by either party in performance of the agreement shall be restored (and, if applicable, any benefits obtained, e.g. interest, shall be surrendered). If you are unable to restore to us anything received in performance of the agreement in its entirety, or if you are only able to restore it in part, or in a worse condition, you shall be obliged to provide us with compensation for lost value, if applicable.
If items have been assigned, this shall not apply if the worsening in the condition of the item is attributable solely to its examination, as might occur in a shop. In other respects you can avoid the obligation to provide compensation for lost value by not treating the item as if it were your own property and by avoiding anything that would detract from its value.
Items which can be dispatched as a package should be sent back in such packaging.
You are requested- although this is not a prerequisite for the exercise of your right of cancellation- to use the product and transport packaging supplied by us, or to package the product in some other suitable way. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
The cost of returning the item to us is your responsibility. The parcel can take up to 7 working days to be returned to us, unless sent via special delivery.
You must meet any obligations for the reimbursement of payments within 14 days after the delivery and of your cancellation statement.
6. Prices and Availability; delivery and retention of title
6.1 Prices and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition.
The currency is in Pounds Sterling (£).
6.2 Delivery
Delivery shall be made by via the means selected by us, unless you ask for a higher rate of service to the address supplied to Crafted Crystals by the customer. We reserve the right to choose a more appropriate method of transport where required (this may be at extra or less cost to us).
UK Deliveries These items should be delivered within 72 hours of dispatch but THIS IS NOT GUARANTEED. Parcels are subject to Royal Mail terms and conditions. THEY HAVE UP TO 15 WORKING DAYS TO DELIVER 1st Class Mail BEFORE THEY CLASS ANY ITEM AS LATE OR LOST AND WILL NOT ANSWER QUERIES BEFORE THEN. If your order is URGENT we strongly suggest you consider the SPECIAL DELIVERY option. We can do nothing about delayed or missing packages until 15 working days have elapsed from the date of posting. Most parcels will require a signature. If you are not in a card will be left. It is the customer’s responsibility to arrange for collection/re-delivery. Any goods not collected and returned to us will be sent out again on payment of a further delivery charge. However, if you do not wish to have the goods sent again you will still be charged.
Parcels weighing over 2kg may be sent by courier service and will require a signature.
Next Day Delivery (excludes Weekends and Bank Holidays) is only available for selected items, unless you choose to pay for a higher rate of service. However, this is subject to stock and may not be possible if we are out of the office for any reason. TAX is included in all stated prices.
Worldwide Deliveries Overseas Orders are sent by courier.
In the unlikely event of goods not arriving within 28 days of dispatch, it is the customer’s responsibility to notify us that they are not in receipt of the expected package. WE WILL NOT ACCEPT CLAIMS FOR NON DELIVERY OF GOODS WHICH HAVE NOT BEEN NOTIFIED TO US WITHIN 28 DAYS OF THE DATE OF DISPATCH.
A dispatch email will be sent when goods leave our premises. If an order has been placed and a dispatch email has not been received within 7 days please contact us immediately.
6.3 Retention of title
The products supplied by Crafted Crystals remain its property until payment has been made in full.
7. Warranty and limitation
7.1 Agreed condition
– It is in the nature of the products and work performed by Crafted Crystals that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration. Moreover decoration of the products by Crafted Crystals may possibly lead to the termination or invalidity of the product warranty provided by the respective manufacturer of that product. Furthermore the decoration may cause minor functional impairments compared with similar, undecorated products. Finally, the appearance of the colours of the decorated surfaces may vary, especially when they are exposed to different light sources, and may deviate from illustrations, particularly those on the internet (for all these aspects see above, Ill).
These limitations form part of the agreed condition of the products and work performed by Crafted Crystals and do not represent a defect or any other defective performance on the part of Crafted Crystals.
7.2 Restriction and limitation of liability for damages
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the products.
In any cases, we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7.3 Warranty restrictions in the case of the performance of work
The following restrictions on liability apply in the case of work performed by Crafted Crystals (decoration of customers’ products):
* The customer is required to accept the decoration/work performed within 7 days following receipt of the product or to let us know if defects exist which are not merely of a minor nature. Upon expiry of this period the work performed shall be deemed to have been accepted. This does not affect claims by the customer under warranty for defects.
7.4 Investigation and notification of defects
Crafted Crystals requests that it should be notified as soon as possible about any transport damage or other directly and externally visible damage to products dispatched to the customer.
8. Copyrights/Rights of utilization
All copyrights, registered designs and other ancillary copyrights to the designs, drafts and other forms created by Crafted Crystals shall remain with Crafted Crystals. In particular these may not be used for commercial or industrial purposes, in any form or manner.
Furthermore the instructions supplied by Crafted Crystals for the decoration of products by the customer may only be used for the customer’s own private purposes and not for any commercial or industrial purposes.
Crafted Crystals reserves the right to photograph the items it has decorated, and to make any other analogue and/or digital records or images of them, to reproduce or distribute them or exploit them in any other way, as well as to present and/or make them accessible, in particular for advertising purposes. Crafted Crystals constantly endeavours to respect the copyrights of others and to make use of work that it has produced itself or which is not licensed. Downloads and copies of our web pages are NOT PERMITTED.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Crafted Crystals and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Crafted Crystals.
9. Applicable law; legal venue
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts
If, when bringing an action, the customer does not have a domicile or ordinary place of residency in England, and does not have a general place of jurisdiction, and if the party placing the order is a registered merchant and is acting in this capacity, England shall be the agreed place of jurisdiction.
In all other respects, in particular in the case of actions by or against consumers whose domicile, usual place of residence or general place of jurisdiction is within England, the lawful places of jurisdiction shall apply.
10. Indemnity
You agree to indemnify, defend and hold harmless Crafted Crystals, its owner, designers, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
11. Variation
Crafted Crystals shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
12. Waiver
If any provision in these Terms and Conditions or in the agreement between Crafted Crystals and the customer should be or becomes ineffective, these Terms and Conditions and the agreement shall in all other respects be unaffected.
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 these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding- and contemporaneous agreements between you and Crafty Crystals. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the owner of Crafted Crystals.
