TERMS AND CONDITIONS
Website - terms and conditions of use
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the 'Website') and in particular clause 10.3
The Website is owned and operated by Krzysztof Borkowski, sole trader and owner of Borkowski Jewellery. The term 'you' refers to the user or viewer of our Website.
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the Goods) listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 13
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Krzysztof Borkowski, trading as Borkowski Jewellery
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended primarily for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.3. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.4. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
5. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
5.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
5.1.1. Be 18 years of age or over
5.1.2. Be legally capable of entering into a binding contract
5.1.3. Provide full details of a delivery address
5.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
6.1. The prices of the Goods are quoted on the Website.
6.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
6.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs. The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
6.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
7.1. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
7.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
7.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
7.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
7.5. By accepting these Conditions you:
7.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
7.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
7.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
7.6. We shall contact you should any problems occur with the authorisation of your card.
7.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
7.8 Upon purchase we will automatically add the buyer's email address to our email marketing list. Please be assured that you can always unsubscribe following the instructions in the newsletters you receive.
8. ORDER PROCESS AND FORMATION OF A CONTRACT
8.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
8.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
8.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
8.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
8.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
8.6. Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
8.7. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
8.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
8.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
8.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
8.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
9.1. The Goods will be delivered to you at the address you provided during the order process
9.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
9.3. All Goods must be signed for by an adult aged 18 years or over on delivery.
9.4. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
9.5. We shall not be liable for any delay in delivering the Goods, however caused.
9.6. The Goods may be sent to you in instalments.
9.7. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
10. RISK AND TITLE
10.1. The Goods will be at your risk from the time of delivery. 10.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
10.2. Cookson Gold: Suppliers of Borkowski Jewellery have reassured us that plated metal findings used in our designs are compliant with EU nickel regulations. In cases where we could not verify this with our supplier we will state so in the description of the item.
11.2 Non Standard Commissions - When you commission Borkowski Jewellery to make a piece of jewellery for you, we will ask you for information about the item you want and discuss the design with you. We will send you an agreement form to sign and return with an estimate of the costs involved. If you agree to go ahead we will send you an invoice to pay a non-refundable 50% of the total payment. I will start working on the piece once I have received your deposit. Alterations to the size of the piece are covered by the original price quote. However, other alterations and a complete redesign will be charged additionally and won’t be covered by the original price quote. The total balance will be due once the commissioned piece is finished. We will send you an image of the finished piece with the final invoice. Once we have received the final balance we will dispatch your item. Custom-made jewellery cannot be returned and refunded as per Clause 12.3.3
13. CANCELLING YOUR CONTRACT AND RETURNS
13.1. Cancelling before receiving a Confirmation Notice.
13.1.1. You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to email@example.com. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
13.2. Cancellation after receiving a Confirmation Notice.
13.2.1. You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 14 working days starting from the day after you received the Goods. You can send your cancellation notice by email to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
13.2.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Goods and will deduct this from any sum owed by us to you. 13.2.3. The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
13.3. Exception to the right to cancel
13.3.1. You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
13.3.2. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
13.3.3. The Contract is for goods which are bespoke or have been personalised or which may deteriorate, this also includes any jewellery that has been commissioned and is therefore bespoke.
13.3.4. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
13.3.5. The Contract is for the sale of land, auctions and financial service agreements
13.4. Damaged, faulty or wrongly delivered goods
13.4.1. Has been delivered to you in error
13.4.2. provided that you return the Goods to us and we are reasonably satisfied that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.
13.4.3. Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
13.4.5. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 7 working days after receipt or the fault developing by email to email@example.com. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
13.4.6. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.
13.5. Incorrectly priced or described goods
13.5.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those goods to you.
13.5.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
13.5.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
13.5.4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 14.7
13.6. Processing refunds
13.6.1. We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
13.6.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
14.1. If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at firstname.lastname@example.org
15. INTELLECTUAL PROPERTY
15.1. The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Krzysztof Borkowski (trading as Borkowski Jewellery), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
15.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
15.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
15.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
15.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
16. WEBSITE USE
17.1. In order to monitor and improve customer service, we sometimes record telephone calls.
17.2. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
18. LINKING TO THE WEBSITE
18.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
18.2. Any agreed link must be:
18.2.1. To the Website's homepage
18.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
18.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
18.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
18.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
18.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
19. ENTIRE AGREEMENT
19.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
19.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
Jewellery Workshops Terms and Conditions
I want you to have an enjoyable and instructive day at my studio, so please read the following terms and conditions before the date of your course and contact me if you have any questions. Please note that by booking a place on a Borkowski Jewellery Workshop, you are deemed to have accepted the following terms and conditions.
All costs of materials must be paid in full 14 days in advance of the workshop. I will calculate the costs after receiving your specification and send you an invoice (usually via email). If you book less than 14 days prior to the workshop, where a space is still available, then payment in full is due immediately with the application. £250 fee for the workshop iteslf is paid on your arrival at the workshop.
Cancellations Policy -
In the event that you need to cancel your booking, please contact Borkowski Jewellery as soon as possible either by email to email@example.com, or via telephone to 07597326541.
If I already bought the materials for your rings, I will post it back to you upon receiving money to cover the parcel costs plus 10% of admin charge (£25). If I didn't buy the materials yet, I will refund you the money minus 10% admin charge (£25).
If you are booked on a workshop and you do not turn up on the day, no refund will be given (and I will keep materials bought for your course).
Occasionally I may have to cancel a course. You will always be offered an alternative date or a refund. Any alternative course must take place within six months of the date of the cancelled course. I will give you as much notice as possible, however please note that I cannot be held responsible for your travel or accommodation costs.
Please always phone to let me know if you cannot attend or are going to be late.
When you book a place you are agreeing to this cancellation terms.
Course Prices -
All course prices are quoted per peir.
Minimum Age -
All courses are for adult students only. By booking a place on the workshop, you confirm that all attendees you have booked for will be aged 18 or over at the date of the course.
Your Contact Details -
Please ensure that I have your correct telephone and email contact details at all times. I cannot be responsible for losses incurred by clients who have changed telephone numbers or email addresses and not informed Borkowski Jewellery.
Personal Possessions -
Please take care of your personal possessions at all times as I cannot be responsible for loss or damage to your possessions while on the premises.
HEALTH & SAFETY, CLOTHING-
All loose hair and clothing must be secured before entering the work area. I also recommend wearing older clothes that you do not mind getting grubby, as some jewellery making processes can be dirty.
Please avoid wearing particularly flammable clothing: old clothing made from natural, non-shedding fibres is ideal.
Although skin sensitivity to precious metal or clay is rare, you may come into contact with other chemicals or materials used in the workshop. If you have sensitive skin, you may wish to wear protective gloves while you are with us. I can provide you with latex gloves, but if you are allergic or sensitive to latex, please bring your own gloves with you, and also let the tutor know about your sensitivity.
Workshops can be dangerous places if care is not taken. Please be sure to follow the tutor's instructions carefully, and take responsibility for your own safety at all times. By booking on a course the student agrees to adhere to all safety instructions at all times.
Copyright © 2017 Krzysztof Borkowski