Terms & Conditions

These are the terms and conditions of Ruth Mary Chipperfield, trading as Ruth Mary Jewellery.

General

1. ‘Client’ is any person or organisation not acting in the course of a business that has contacted Ruth Mary Jewellery requesting information, or who has entered a Contract with Ruth Mary Jewellery for the provision of Standard Collection Jewellery and Bespoke Jewellery or repairs to jewellery (Jewellery).
2. 'Bespoke Jewellery’- Jewellery individually designed or otherwise personalised for a Client.
3. 'Standard Collection Jewellery’- Jewellery created by Ruth Mary Jewellery as part of a collection and possibly recreated again. All Jewellery that is not Bespoke Jewellery.
4. ‘Contract’ – The legal agreement between Ruth Mary Jewellery and the Client for the provision of or repairs to Jewellery.
5. ‘Website’- https://www.ruthmary.com
6. ‘Price’- The sum payable for the provision of the Jewellery or repairs to Jewellery as agreed with the Client and any additional sums agreed between the parties.
7. ‘Payment’ – can be by BACS, PayPal and payment cards as agreed.
8. ‘Studio’- the premises in Hall Green Birmingham or any other premises used by Ruth Mary Jewellery.
9. ‘Days’- All the days in a week excluding weekends and Bank Holidays.
10. These Terms and Conditions and the Contract will represent the whole of the Terms between Ruth Mary Jewellery and the Client. Any changes to these must be agreed in writing by Ruth Mary Jewellery.
11. The Client will have the opportunity to read these Terms and Conditions and any questions answered before placing an order and entering a Contract and so the Client is accepting thes Terms and Conditions by entering the Contract.

 The Jewellery

1. The descriptions of the Jewellery by Ruth Mary Jewellery will be as accurate as possible and provided in good faith.
2. The Client must satisfy themselves that the Jewellery as described meet their requirements before placing an order to purchase. Ruth Mary Jewellery is always willing to answer any questions or queries.
3. If the Client has any requirements that are essential to them, they must contact Ruth Mary Jewellery to discuss the matter before entering an order to ensure this is acceptable to Ruth Mary Jewellery.
4. Ruth Mary Jewellery warrants that they will use reasonable care and skill in producing the Jewellery or carrying out repairs.
5. By entering the Contract, the Client confirms they are at least 18 years of age.
6. All Jewellery meeting the required weight for gold, silver, platinum, and palladium by the Assay Office will be hallmarked provided Ruth Mary Jewellery have supplied all the materials.
7. Ruth Mary Jewellery will adhere to safety guidelines in producing Jewellery and are not responsible should the Client find themselves intolerant of the Jewellery in any way.
8. As all items are handmade or hand finished one piece of Jewellery will not be identical to another as that is the nature of the process and the Client accepts this by entering the Contract.
9. The Client must take care to order the correct size for rings, bracelets, and other Jewellery where relevant. Advice will be given on measuring and any queries answered. If needed ring sizers can be sent to the Client free of charge (return postage included) to check sizing.
10. Any resizing required will be charged as extra.
11. The Client must be aware that some pieces cannot be resized but have to be recreated at an extra charge, or it is inadvisable to do at all. It is for the Client to ask when ordering if a specific piece of Jewellery can be resized.

 Bespoke Jewellery

4. Upon receipt of any enquiry from a Client, Ruth Mary Jewellery will communicate with them to establish the piece required and the style and design and their budget.
5. Once the Client has agreed to proceed in principle, they will be given an invoice for normally 50% of the Price agreed.
6. Upon payment the Client will be given more detailed specifications and possibly drawings until agreement is reached for the final design.
7. Once the initial invoice has been paid, necessary materials will be ordered, and the work commenced. No refunds of the initial payment will be issued as the Jewellery is individual and personalised for the Client.
8. Ruth Mary Jewellery will use their best endeavours to answer all questions and requirements from the Client, but this is subject to reasonable use of their time.
9. Any changes to the original style or design may incur an increase in the Price.
10. Once the bespoke Jewellery is finished the final invoice for the balance will be raised. Once paid the Jewellery can be collected from the Studio or dispatched to the Client.
11. Ruth Mary Jewellery will dispatch the finished Jewellery by Royal Mail to the Client or courier as she decides to be appropriate.

Provision of Stones or other materials by the Client

1. If the Client provides a stone or other material e.g., gold they must sign a waiver before any work can commence excluding Ruth Mary Jewellery from any liability should damage occur to the material or the Jewellery.
2. Ruth Mary Jewellery may require the stones or materials to be independently verified as to their authenticity and content. This may incur an extra charge.
3. Ruth Mary Jewellery has the right to refuse to use any stone or material supplied by the Client if they are not satisfied that the result will be of the appropriate standard.
4. Ruth Mary Jewellery will not be responsible for the workmanship carried out on a piece of jewellery elsewhere.

Standard Collection Jewellery.

1. If made through the Website the Contract is made when the Client has paid the Price required.
2. The Client will be sent an acknowledgement email as soon as the order is placed.
3. Ruth Mary Jewellery will take reasonable care to ensure all details, descriptions and prices of the Jewellery are correct at the time of posting on the Website. They will endeavour to keep the Website up to date, but the details may differ when the Client makes an order to purchase.
4. Provision of the Standard Collection Jewellery under the Contract by Ruth Mary Jewellery is subject to the availability of the Jewellery ordered and the authorisation of any payment. If Jewellery cannot be supplied the Client will be informed as soon as possible and any payment received refunded. This refund can take up to five days.
5. Ruth Mary Jewellery can decline any order or terminate any Contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
6. The Client will have the opportunity to read these Terms and Conditions and any questions answered before placing an order and entering a Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
7. The Website can only be used for orders to be delivered in the UK. For orders to go abroad the Client must contact Ruth Mary Jewellery to discuss the arrangements that will apply.
8. Ruth Mary Jewellery reserves the right to suspend a Client’s account if they consider there has been suspicious activity regarding that account. The Client would be notified of this by email.
9. Ruth Mary Jewellery reserves the right to limit the number of Jewellery pieces purchased by an individual Client.

Repairs

1. Upon receipt of any enquiry for a repair, the Client may be asked to provide a photo or discuss what is required. Ruth Mary Jewellery may then be able to provide an approximate quotation of the Price.
2. Ruth Mary Jewellery will be able to provide a proper quotation if the Jewellery is sent to her for inspection. The Client must pay for the cost of return postage if they decide not to go ahead.
3. No costume Jewellery or items including lead or other harmful materials will be accepted for repair.
4. If the Client wishes to proceed with the repair Ruth Mary Jewellery will issue a receipt, weigh the item, and make notes regarding the condition.
5. All repairs are carried out at the risk of the Client due to the uncertainty as to the true condition and inherent problems in the Jewellery being repaired. Ruth Mary Jewellery will use all due care to assess the item and the risks involved. This may include an x-ray for further assessment.
6. The Client must be accurate in the description of the Jewellery and accept that problems could incur if it is not the metal or gemstone expected or other issues not apparent, such as, but not limited to, weakened gemstones, gemstones filled with glass or treatment applied.
7. Ruth Mary Jewellery will endeavour to discuss any problems with the Client as they arise. The Client must accept that any problems may lead to work not envisaged at the start and may involve additional costs.
8. If Ruth Mary Jewellery finds that the Price of any repair is higher than anticipated due to extra factors arising, they will discuss the situation with the Client to see if they wish to proceed.
9. Once the repair is completed the Client will be sent a photograph of the Jewellery and an invoice for the repair and return postage.
10. When the invoice has been paid by BACS the Jewellery will be returned to the Client by Royal Mail or courier as they deem appropriate.
11. If the Jewellery is of a low value relative to the cost of repair the Client may be asked to pay the whole cost of repair before any work is started.

Design Issues

1. The Client cannot reject any item of Jewellery following provision of a bespoke item or any repairs to Jewellery based on issues with style and design.
2. Ruth Mary Jewellery will endeavour to communicate any proposals with the Client and enter a dialogue to find a design to their satisfaction. The Client must inform Ruth Mary Jewellery immediately if they are hot happy with what has been shown or described to them so that changes can be made.
3. The Client accepts that changes in design, gemstones or materials could lead to an increase in the Price.
4. Ruth Mary Jewellery may terminate any Contract for the provision of bespoke Jewellery if they believe they will be unable to reach an agreement with the Client within a reasonable timeframe as to the design of the Jewellery.

Guarantee and Returns

1. When Standard Collection Jewellery is ordered online by a person not acting in the course of a business, they will have the right to cancel the order up until 14 days after receipt of the Jewellery. They must communicate this to Ruth Mary Jewellery in writing by email immediately giving full contact details. This does not apply to Jewellery personalised for the Client or earrings due to hygiene issues.
2. The Client then has 14 days to return the Jewellery to Ruth Mary Jewellery in a safe and appropriate manner at their own cost.
3. Provided the Jewellery is return undamaged in any way, unused and in the original packaging, Ruth Mary Jewellery will the refund the cost of the Jewellery and the basic original delivery cost (ignoring any charges above standard delivery)
4. The guarantee will not apply if the Jewellery is damaged, not in the original packaging or not stored correctly rendering them unsaleable.
5. This is in addition to the legal rights available to them.

General Guarantee

1. Ruth Mary Jewellery will offer a one-year guarantee for workmanship on Standard Collection Jewellery and Bespoke Jewellery excluding any issues arising from the use of materials provided by the Client or failure to care properly for the Jewellery.
2. The guarantee will not apply if the Jewellery is damaged or not stored correctly.
3. Ruth Mary Jewellery offers no guarantee if the Client provides their own gemstones and/or metal as they cannot be sure of the quality and suitability of the products.
4. No guarantee is offered for any Jewellery it considers having been treated badly and where proper care has not been taken.
5. All Clients are expected to follow the care instructions given to them.

The Price

1. The Price must be paid as agreed.
2. For Bespoke Jewellery 50% is generally payable before work is commenced and the balance upon completion before the item is delivered.
3. For repairs generally the Price must be paid in full before the item is returned.
4. The Price must be paid as required on the Website where Standard Collection Jewellery are ordered through the Website.
5. All invoices must be paid in full without set-off, deduction or counterclaim.
6. Any invoice not paid within 30 days of issue will incur interest at 8% above base rate until paid in full. Standard Collection debt recovery charges will also be added.

Cancellation Policy

1. If the Client wishes to cancel the provision of a Bespoke Jewellery or repairs once the work has commenced, they must pay Ruth Mary Jewellery for all work and materials used to date of cancellation before the item is returned.
2. Private individuals cannot cancel once the guarantee period of 14 days set out above has passed following purchase of Standard Collection Jewellery except in accordance with their legal rights.
3. Ruth Mary Jewellery reserves the right to cancel an order without liability if they are unable to supply the Jewellery ordered due to events beyond their control.

Delivery

1. Any delivery dates specified are approximate estimates only and unless agreed in writing by Ruth Mary Jewellery, time is not of the essence for delivery.
2. No delay shall entitle the Client to reject any delivery or Jewellery or part of an order.
3. If the Client requires delivery by a certain date, then this must be communicated in writing to Ruth Mary Jewellery before the Contract is entered. Ruth Mary Jewellery is only bound by such date if they confirm acceptance of this in writing.
4. The Fee and any delivery charge will not include any customs charges or other fees and charges payable in the country of delivery. These are the responsibility of the Client. If these are not paid the authorities will return the Jewellery Ruth Mary Jewellery. The Client will have to then arrange and pay for collection from the Studio if they wish to receive the item. No refunds will be given whatever the circumstances if non delivery is due to non-payment of customs and other charges by the Client.
5. Ruth Mary Jewellery does not currently deliver to certain countries due to the regulations in those countries. The Client must contact them before ordering for clarification.

Subcontracting

Ruth Mary Jewellery has the right to subcontract any of the services required to provide the Jewellery.

Risk

1. The risk in the Jewellery shall pass to the Client when the Jewellery is delivered to the Client or the Client’s premises or property, or other premises as requested.
2. In the unfortunate event that Jewellery is lost in the post or other delivery method then no refund can be initiated until the loss is confirmed by the courier or Royal Mail.

Uncollected Items

1. Uncollected items will be dealt with in accordance with the current National Association of Jewellers Code of Practice.
2. Under the Code of Practice the Jewellery will be retained for six months whereupon the items will be sold to recover the monies due to Ruth Mary Jewellery following compliance with the procedure set out in the Code.

Limitation of Liability

1. Should Ruth Mary Jewellery be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions), Ruth Mary Jewellery shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
2. Ruth Mary accepts no liability for Repairs to Jewellery due to the numerous unknown factors but will endeavour to follow good practice.
3. Ruth Mary Jewellery is not liable for any indirect or consequential losses to the Client or any third party.
4. The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
5. Ruth Mary Jewellery will provide the Client with advice on how to look after the Jewellery. They accept no liability if the Jewellery requires attention because the Client has not followed this advice.
6. Where Ruth Mary Jewellery advises against a course of action, including the use of certain materials and gemstones, they will not accept any liability if the Client insist on proceeding against that advice.

Intellectual property

1. All copyright, trademarks, and all other intellectual property rights in all Jewellery (both bespoke and standard), designs, labels, any materials, logo, marketing materials, branding or copy (all jointly called the Materials) shall remain always vested in Ruth Mary Jewellery. Any attempt to copy any Materials, or manufacture, reproduce, transmit, publish, display exploit, or create derivative Materials shall render the Client liable for damages.
2. If the Materials supplied by Ruth Mary Jewellery are used by a third party for any purpose, not in the Contract the Client will be liable to Ruth Mary Jewellery for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.

Data Protection and Confidentiality

1. Ruth Mary Jewellery will take all reasonable care to keep all personal data supplied by the Client in accordance with the UK General Data Protection Regulations (GDPR)and general UK legislation as set out in their current Privacy Notice.
2. Ruth Mary Jewellery will take all reasonable care to keep all personal data confidential.
3. Clients may be contacted by Ruth Mary Jewellery with marketing material about current and future Jewellery and services The Client will always have the option to unsubscribe from such marketing materials. Clients’ data will never be passed to third parties for marketing purposes.

Complaints

The Client must raise any problem or complaint it has with the Jewellery immediately the issue arises and confirm this in writing within seven days. Ruth Mary Jewellery will seek to find a mutually acceptable solution for all parties.

Severance

If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

Notices

Any notices served under the Contract, or these Terms and Conditions must be address to the address on the Contract or such other address provided by that party. Notices can be given by email to any email address agreed for that purpose. 

Waiver

The waiver by Ruth Mary Jewellery of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.

Transfer

The Client may not transfer any of their rights under the Contract to any third party.

Law

The laws of England and Wales govern these Terms and Conditions.