Terms & conditions of sale
1.1 The definitions in this clause apply in the terms and conditions set out in this document: Company: ’JewelleryMaker’ is a trading name of Immediate Media TV Limited (registered in England and Wales CRN 09794211) whose trading address is Ivy House, Henley Road, Outhill, Studley, B80 7DU, United Kingdom, and whose registered office is atVineyard House, 44 Brook Green, London, W6 7BT, United Kingdom.
Content: has the meaning set out in clause 3.1.
Delivery Table: the table defining delivery times, charges and options per delivery country. The Delivery Table may be viewed on our website and is subject to change without notice.
EU: means the European Union.
Force Majeure Event: shall have the meaning given in clause 13.
Goods: the products that we are selling to you as set out in the Order.Order: your order for the Goods.
Order Confirmation: shall have the meaning set out in clause 2.6.
Order Period: the period beginning at the time you initially place the order and ending at the next order cut-off time as detailed in our Order Periods Table for the country to which the order will be delivered to.
Order Periods Table: the table defining order cut off times for Order Period per delivery country. The Order Periods Table may be viewed on our website and is subject to change without notice.
Terms: the terms and conditions set out in this document.
UK: means the United Kingdom of England, Wales, Scotland and Northern Ireland.
USA: means the United States of America.
we, us and/or our: the Company.
writing: or written includes faxes and e-mail.
you and/or your: the person placing the Order.
1.2. Headings do not affect the interpretation of these terms.
1.3. References here to “clause” refer to the relevant numbered clause in these terms and conditions.
- BASIS OF SALE
2.1. These Terms, and the Order set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2. Any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe. In particular:-
2.2.1. whenever metal weights or carat weights are quoted, these are the average for all pieces in that design;
2.2.2. where we offer rings in multiple sizes, the weight will be the average across all pieces in all sizes;
2.2.3. where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase;
2.2.4. throughout the jewellery industry, many gemstones undergo some form of treatment to enhance their appearance or durability. Therefore you should assume that any gemstones you purchase from us are treated. For more details of typical treatments, please see our website; and
2.2.5. whilst we always endeavour to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted we cannot always verify the reported origin.
2.3. If any of these Terms are inconsistent with any term of the Order, the Term shall prevail.
2.4. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5. These Terms shall become binding on you and us when we have despatched the Goods to the address provided by you, at which point a contract shall come into existence between us. Receipt of an order by our Help Team or via our website does not constitute our acceptance of an order.
2.6. We shall assign an order number to the Order and inform you of it (“Order Confirmation”). Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7. We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that the contract between us arises pursuant to clause 2.5, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.8. Any Order placed through or as a result of the Company’s television programs (whether by telephone, internet or any other method) shall be subject to the Company’s TV Game Procedure and Policies.
2.10. The contract made between us is governed by the laws of the United Kingdom, using only the English language.
- ADVERTISING AND OTHER CONTENT
3.1. The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material used or created by the Company, as well as the selection, assembly and management thereof, are herein collectively referred to as the "Content". We reserve the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
3.2. Unless otherwise agreed in writing, the Content is the exclusive property of the Company and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by the Company or by third parties that have licensed their use to the Company. Unless we agree otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering of Goods from the Company and for no other purpose.
3.3. Any use, by you or anyone else authorised by you, other than that specifically authorised in these Terms or in writing by the Company is strictly prohibited. Any unauthorised use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3.4. Nothing contained herein should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark of the Company without the written permission of the Company or any third party that may own the trademarks or service marks displayed or utilised by the Company. We will enforce our intellectual property rights to the fullest extent of the law.
3.5. The Content may contain errors, inaccuracies, omissions and typographical errors or may be out of date. You acknowledge that we provide the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on Immediate Media TV Limited unless specifically indicated to be so.
- DISCLAIMER AND LIMITATION OF LIABILITY AS TO CONTENT
4.1. The Company makes no warranties or representations whatsoever with respect to the Content (whether on our website, in our advertisements and publications or otherwise) or the accuracy, completeness or timeliness of that Content. Without limiting the foregoing, all Content provided by the Company is provided to you “as is”, with no warranty of any kind, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is” condition of Content is expressly made a condition of any transaction with the Company.
4.2. Under no circumstances will the Company, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special or punitive damages, whether in contract or in tort including negligence, arising in any way out of access to or use of or inability to access or use Content, lost profits or otherwise, even if the Company is expressly advised of the possibility of such damages.
- THE GOODS
5.1. We warrant that on delivery the Goods shall:
5.1.1. conform in all material respects with their description (subject to any qualification pursuant to the provisions of clause 2.2);
5.1.2. be of satisfactory quality;
5.1.3. be fit for any purpose we say the Goods are fit for;
5.1.4. be free from material defects in design, material and workmanship; and
5.1.5. comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
5.2. This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office or local equivalent.
5.3. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.4. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
5.5. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
- DELIVERING THE GOODS
6.1. Please see our Delivery Table for delivery times, charges and options.
6.2. Delivery periods may vary depending on address. We do not warrant any time for delivery. Time for delivery is not of essence to the contract. We will not accept any liability for any claims, losses, costs, damages, expenses or similar claimed to have been incurred by you or any third party arising directly or indirectly or connected in any way with a failure to meet an estimated or requested delivery date.
6.3. We will charge you one delivery charge per Order, regardless of the quantity of Goods ordered. Subject, as set out below, if you add to the Order within the same Order Period, you will still only be charged once for delivery. Deliveries to multiple addresses will require multiple orders and multiple delivery charges. If you order “Same Day Shipping”, where available, you may not add additional items to that order.
- FAULTY GOODS AND RETURNS
7.1. If the Goods become faulty within 30 days of receipt, you will be offered the choice of a refund or, if stock is still available of that particular piece, a replacement.
7.2. If the Goods become faulty after 30 days but within six months of receipt, we will offer our choice of a refund, replacement or repair unless we, at our sole discretion, determine that the fault has arisen through misuse of the Goods.
7.3. To return faulty Goods to us, you will need to fill in the returns form that was sent with the Goods and follow the instructions on it. If you no longer have the returns form, please contact our Customer Service team for instructions (contact details are available on your delivery note).
7.4. We are not liable for returned Goods which are lost in transit, so it is important that you use an insured delivery method.
7.5. These Terms will apply to any repaired or replacement Goods we supply to you.
- TITLE AND RISK
8.1. The Goods will be your responsibility from the time of delivery to the delivery address given by you.
8.2. Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
- PRICE AND PAYMENT
9.1. The price of the Goods will be as per your Order as accepted by us.
9.2. For orders delivered within the EU, these prices include VAT where applicable. For orders delivered outside the EU or the USA you may be required to pay import duties and/or taxes when your order reaches your country. These and any other charges for customs clearance are your responsibility.
9.3. These prices exclude delivery costs, which will be added to the total amount due.
9.4. Credit or debit card orders placed on cards issued outside the EU may be subject to cross border transaction fees, and all credit or debit card orders may incur fees if placed in a currency other than that for which the card is issued. These charges, and any similar ones with alternate payment methods, are outside of our control and must be paid by you directly to your card issuer.
- 30 DAY "NO QUIBBLE" GUARANTEE
10.1. Whenever you buy Goods from us you have the benefit of our "No Quibble" 30 day guarantee, which starts on the day you receive your Goods. If for any reason you are not satisfied with a piece of jewellery, just complete the returns form enclosed with your jewellery and send the item back to us for a full refund of the item price.
10.2. To take advantage of this guarantee, you must ensure that the Goods are returned to as new, this means that:
10.2.1. you must not remove the identification tag that is attached to the Goods;
10.2.2. with earrings (and any other jewellery for piercings) you must not break the hygiene seal;
10.2.3. you must not have altered the Goods - for example, we cannot accept returns of rings that have been re-sized;
10.2.4. you must return the Goods in all its original packaging and with its original authenticity card;
10.2.5 you must ensure that the outer packaging is sufficient to protect the Goods in transit.
10.3. You do not need to contact us prior to returning the Goods - simply follow the instructions in the newsletter enclosed with your order, making sure you use an insured delivery method.
10.4. Provided that the Goods are received by us as new, we will process your refund within a maximum of 30 days of receiving your returned Goods into our UK warehouse.
10.5. We do not refund the cost of the original delivery charges or the return delivery charges, save for during specific promotional activity. All orders placed from 30th May – 30th June 2018 will be eligible for free returns (International customers will receive a refund credit on their original delivery charge).
- YOUR RIGHT TO CANCEL
11.1. For orders delivered within the EU, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your contract with us by informing us in writing that you wish to do so at any time during the period which commences on the day the contract comes into existence and ends on the expiry of fourteen working days beginning on the day after you receive delivery of the Goods.
11.2. In this case, you will receive a full refund of the price paid for the Goods and any delivery sums within fourteen days of our receipt of the Goods back from you.
11.3. You must return the Goods to us within fourteen days, in an unused and re-saleable condition with all the original packaging, and at your own cost.
- LIMITATION OF LIABILITY
12.1. Subject to clause 12.2 and clause 12.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms at the time we entered into this contract with one another.
12.2. Subject to clause 12.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
12.2.1. loss of income or revenue;
12.2.2. loss or profit;
12.2.3. loss of business;
12.2.4. loss of anticipated savings;
12.2.5. loss of data;
12.2.6. any waste of time; or
12.2.7. consequential loss. However, this clause 12.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
12.3. Nothing in this agreement excludes or limits in any way our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
12.3.4. defective products under the Consumer Protection Act 1987; or
12.3.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
13.2.1. strikes, lock-outs or other industrial action;
13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5. impossibility of the use of public or private telecommunications networks;
13.2.6. the acts, decrees, legislation, regulations or restrictions of any government; or
13.2.7. pandemic or epidemic.
13.3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
14.1. All notices sent by you to us must be sent in writing by pre-paid post to the Company at the address specified in its definition in clause 1.1. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served three days after the date of posting of any letter or if we notify you by e-mail, within 24 hours after the e-mail is sent to your given e-mail address. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
15.1. You agree to defend, indemnify and hold harmless the Company, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable professional advisers’ fees, arising out of or relating to your breach of these Terms; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from the Company’s negligence or wilful misconduct. This indemnity shall continue to endure notwithstanding prior fulfilment of the Order or other termination thereof.
16.1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.3. Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or wrongly described goods. For further information about your statutory rights contact your local authority Trading Standards Department, Citizen's Advice Bureau or local equivalent.
16.4. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 16.5. These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
Promotional Terms and Conditions
Where price comparisons are made online during promotional periods, we calculate an items previous online price against its new online price and display a percentage saving, as well as displaying the items previous price.
♠New Web Customers only. Subject to limited stock and status. Not applicable when only purchasing TV aired products or Workshops.
* Excludes ‘Show Products and Workshops’ and will not work in conjunction with any other promotion.
** Online only for purchases in one transaction. Excludes ‘Show Products and workshops’ and will not work in conjunction with any other promotion.
✝ 4 workshops must be booked within the promotional period to be eligible for the £50 discount.
If a customer needs to cancel a workshop/s within the workshop promotion then only the difference will be refunded, as the £50 discount code will no longer be valid, unless another workshop is booked within the promotional period to replace the cancelled workshop. Please Contact the workshop coordinator on [email protected] or call 01527 509672 if you wish to discuss cancelling any workshops within this promotion.
If JewelleryMaker have to cancel a workshop for any reason, we will endeavour to reschedule to a different date and your discount will not be affected.
NB: Some promotions may only be valid for one use per customer.
Fair Use – Where JewelleryMaker finds instances of promotional offer abuse, we reserve the right to suspend customer accounts pending investigation and an internal decision on whether usage of a promotional offer is deemed fair use.
Wall of Fame (WoF)
JewelleryMaker offer a weekly Wall of Fame competition exclusively to its customers through the JewelleryMaker TV show, website and Facebook page.
The purpose of the competition is for JewelleryMaker to embark on customers’ jewellery making journeys, allowing customers to share tips and embark on the latest trends and design techniques.
To enter the weekly competition customers need to send in images of their handmade pieces of jewellery to JewelleryMaker by 1pm every Tuesday.
*Please ensure the competitions terms and conditions are read and adhered to before entering.
The winner of the competition will receive a £100 credit to their JewelleryMaker account The runner-up will receive £50 credit to their JewelleryMaker account
How to enter
To enter, simply send your designs in to our JewelleryMaker team by email or post.
Email: [email protected] Post: JewelleryMaker Wall of Fame
Henley Road, Outhill,
- You must submit your ‘Wall of Fame’ design to [email protected] by 1pm Tuesday for your chance to be in the Wednesday draw
- Entries must be of jewellery or jewellery techniques unless otherwise stated. Any non-jewellery images submitted for the competition will be ignored.
- Entries can include gems bought from other outlets, but we request that the majority or main features are bought from JewelleryMaker.com
- Entries must not be branded, and/or display a business name of where the jewellery is sold
- Customers may submit one design per week
- Due to the sheer volume of entries not all will be shown during the live shows and the selection shown is at Jewellerymaker’s discretion, however all submissions will still be entered into the prize draw
- By entering this competition you are consenting to JewelleryMaker sharing your design through it’s TV, website and social media channels
- Designs entered must be strictly your own and not those of someone else, if they are found not to belong to the customer that submitted the design this will result in the winner forfeiting the prize
- The winner will receive £100 credit to their JewelleryMaker account
- The runner-up will receive £50 credit to their JewelleryMaker account
- Please note that credit is currently redeemable by telephone order only
- Credit is not transferable and no cash alternative will be provided
- JewelleryMaker has the right to withdraw this competition at any time
Competition winners will be announced each week on JM’s Wednesday show and the winning designs will also be shared on JM social media channels.