Terms of service
OVERVIEW
This website is operated by DBM JEWELLERY. Throughout the site, the terms “we”, “us” and “our” refer to DBM JEWELLERY. DBM JEWELLERY offers this website, including all information, tools and Services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services provided by DBM Jewellery. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our business is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Services to you.
SECTION 1 - TERMS OF SERVICE
1. DBM Jewellery cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect your statutory rights.
The term ‘DBM Jewellery’ or ‘DBM’ or ‘us’ or ‘we’ or ‘the company’ refers to DBM Jewellery.
The term ‘products’ or ‘goods’ refers to any items advertised for sale or order on our website or
any items for which an order is placed. The term ‘you’ or ‘your’ or ‘customer’ or ‘client’ refers to the user or viewer of our website, any person or organisation placing an order for any products with us or any person or organisation accepting a quote for the supply of specified products.
The term ‘writing’ refers to emails and letters exchanged between you or a customer of DBM and
DBM themselves. The term ‘design’ refers to any single specification provided by you to us, with the intention to be used as a design for manufacturability. A single change in specification or requirement constitutes a new design, including but not limited to size, dimensions, style and colour.
1.1 – DBM Jewellery cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect customers statutory rights.
1.2 - We reserve the right to refuse Service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 2 – TERMS OF USE
2. All information and materials and its content on the pages of this website are provided on an “as is” basis for your general information and use and are not intended in any way to be comprehensive. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
2.1 – Use of this website is governed by the following terms and conditions of use, which together with our privacy policy and disclaimer govern our relationship with you in relation to the use of this website. We reserve the right to vary these terms without notice at any time. If you disagree with any part of these terms and conditions please cease to use our website.
2.2 – We use cookies on this website to identify which pages on this website are being used. Please refer to our privacy policy for more detailed information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. By continuing to use this website you are giving your express consent to accept the use of cookies.
2.3 – Your use of this website is entirely at you own risk and without liability to us. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
2.4 – Your use of this website and any dispute arising out of such use of the website is subject to the laws of England. Access is granted on condition that you accept all of the above and agree to the jurisdiction of the English courts to settle matters in relation to the website.
SECTION 3 – SPECIFICATIONS AND COPYRIGHT
3. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3.1 – Unauthorised use of any material on this website that violates any of the conditions or any relevant copyright, trademark and other laws could result in legal proceedings.
3.2 - The customer shall be responsible to DBM for ensuring the accuracy of the terms of any order including any applicable specification, and for giving DBM any necessary information relating to the products before payment is completed, to enable DBM to perform the contract in accordance with its terms. Any changes made to the requirements or otherwise in accordance with the original specification submitted by the customer once payment has been made and an order has been confirmed in writing, may incur additional costs to the customer for the purpose of reproduction of articles already manufactured.
3.3 - The quantities and descriptions of any specification for products shall be as per those set out in the customer’s order if accepted by DBM.
3.4 - If the products are to be manufactured or any process is to be applied to the products by DBM in accordance with a specification submitted by the customer, the customer shall indemnify DBM Jewellery and all representatives of DBM Jewellery against all loss, damages, costs, legal fees and expenses awarded against or incurred by DBM Jewellery in connection with or paid or agreed to be paid by DBM in settlement of any claim for infringement of any patent, copyright design, trade mark or other industrial or intellectual property rights of any other person which results from the production of articles as per the customers specification.
3.5 - In the event of any claim for infringement of any patent, copyright design, trade mark or other industrial or intellectual property rights of any other person or persons or organisation which results from the use of the customers specification, DBM Jewellery and it’s representatives and employees are indemnified. By submitting any contribution to DBM, the customer is warranting that the contribution is their own original work and that the customer has full right to instruct manufacture of aforementioned products and articles.
SECTION 4 - DISCLAIMER
4. While every effort will be made to keep this website accurate and up-to-date, no warranty of any kind, implied, expressed or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose is given in conjunction with this website, or any information and materials within it.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - FORCE MAJEURE
5. DBM Jewellery reserves the right to defer the date of delivery or payment or to cancel the contract or reduce the volume of the products ordered by the customer if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of DBM including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
SECTION 6 – ORDERS
6. DBM Jewellery provides a bespoke/custom manufacturing service whereby we manufacture these goods and therefore refunds and returns of goods are not possible. We will not accept returns of any jewellery or goods produced by DBM for any reason; therefore we encourage clients to take care with specifications and to understand the terms and conditions of their order. By settling your sales order or invoice you agree to pay for the goods listed and understand that no refund, replacement or compensation can be claimed for the goods once the order has been placed.
6.1– All of our products are handmade with some mechanical elements during the production process and therefore there can be some variance in metal and gemstone sizing between identical products. Therefore all sizes are estimates and are not guaranteed. Exact sizing cannot be guaranteed, and size charts should be used as a guideline only. We are not responsible in any way for any loss of earnings as a result of incorrectly ordered sizing or sizing variance. Upon placement of your order we will discuss sizing. In the case that there are any technical limitations within your custom sizing requirements which render them impossible to produce and we are unable to create a pattern based on them, DBM reserves the right to make changes and/or adjustments in order to give the best compromise between your desired measurements and those which are technically
possible. If you provide pre produced elements the contents of said element are your responsibility. DBM is in no way responsible for any deviance of sizing or dimension when producing one of a kind products, be it in the pre production/sample stage or for bulk production.
6.2 – Jewellery manufacturing involves technical elements and measurements which are subject to tolerances. Tolerances vary due to metal and gemstone type and composition. Therefore, although our best efforts are always made to ensure that identical metal and gemstones are the same in every way, there can be small deviances in dimensions and other aspects of the metal and gemstone to reflect the manufacturing tolerances.
6.3 – DBM also provides a bespoke/custom digital design service whereby we produce one of a kind digital designs. All of our products are made following a design consultation and upon instruction of the client. Digital products may not be to scale and unless otherwise specified are intended for visualisation and conceptualisation purposes only. In the case that there are any technical limitations within your custom design requirements which render them impossible to produce, DBM reserves the right to make changes and/or adjustments in order to give the best compromise between your desired design and those which are technically possible.
6.4 – Jewellery design involves technical elements and measurements which are subject to tolerances. Tolerances vary due to gemstone and metal type and composition.
6.5 – No order submitted by the customer shall be deemed to be accepted by DBM unless and until confirmed in writing to the customer by an authorised representative of DBM with a sales order or invoice being supplied to the customer.
6.6 – All orders are subject to a potential +/- 10% order quantity deviance from the original order quantity purchased due to raw material excesses/shortages and defects during production.
SECTION 7 – CANCELLATIONS, REFUNDS AND RETURNS
7. No order which has been accepted by DBM may be cancelled or refunded to the customer except with the agreement in writing of DBM and on the terms that the customer shall indemnify DBM in full against all loss including loss of profit (including profit made by DBM and the customer), costs (including costs of both DBM and the customer, including the cost of all labour and materials used), damages, charges and expenses incurred by DBM as a result of cancellation. No order which is in the pre production sampling process or in the bulk production process may be cancelled by the customer.
7.1 – In the event that any order is cancelled by DBM or by the customer, DBM shall not be liable for any loss of profit, loss of earnings or damage arising from the cancellation, including loss of profit, loss of earnings or damage which is based on future sales, sales from pre orders or statements of intent from existing or future purchasers. We are not liable for any losses, be them business or personal. If you use products we supply for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity in the past, present or future.
7.2 – Should the customer cancel an order at any stage of the order process, it shall be required that 100% of the balance of the total amount payable under the original sales order or invoice is paid.
7.3 – DBM reserves the right to cancel any order at any time before the order has been delivered, on the grounds that the total original invoice value is refunded to the customer.
7.4 – Any products which are left over and stored at premises used by DBM following the cancellation of an order for any reason or any order which is not delivered to the customer for any reason may be reused or recycled at our discretion. Methods of reuse and recycling include but are not limited to giving the products to a charity for reuse elsewhere, giving products to a charity to be deconstructed or deconstructing the products for reuse by us or another party.
7.5 – Any items returned to DBM or any of it’s manufacturing facilities must be returned at the expense of the customer. DBM offers no free return postage options.
7.6 – Items which are altered, amended or customised by a third party in any way, shape or form are altered at the risk of the customer. DBM will accept no liability for products which have been altered by a third party. Any items which are altered, amended or customised by a third party will not be subject to any order cancellation, refund or return by DBM.
SECTION 8 -. PRE-PRODUCTION PROTOTYPES
8. DBM offers the means to order new designs, defined by a single style/colour/size of a product for the purposes of clarification of new designs to be in conformance with the design specification supplied by you. Prototypes are non refundable in any circumstance, regardless of quantity ordered or design variation. No obligation is implied, expressed or statutory that an order for a quantity of two or above of each design must be placed upon delivery of a Prototype. Prototypes are produced by DBM Jewellery for the benefit of the customer to clarify new designs before a MOQ (minimum order quantity) order is placed. No warranties or guarantees to the fit, form, function, quality or design are applied to any Prototype order due to the nature of them being pre-production development pieces. It may be necessary to produce at the expense of the customer, further prototypes to finalise design before the placement of an order for each design. For any order quantity per design, no warranties or guarantees to the fit, form, function, quality or design are applied to any order placed for any quantity of the same design, if a prototype is not ordered for the purpose of clarification of the new design against the design specification provided by you, the customer. Standard delivery for samples and pre production prototypes is 4-6 weeks from placement of order. For bulk production orders, delivery timescales are agreed on a case by case basis.
8.1 – Once you approve the sample, your order will be manufactured in the standard production time.
SECTION 9 – PRICING
9. All prices are in Pounds Sterling (£) unless otherwise stated. Payment must be cleared in full before production commences.
9.1 – All prices quoted are valid for 30 days only or until earlier acceptance by the customer, after which time they may be altered by DBM without giving notice to the customer.
9.2 – DBM reserves the right, by giving notice to the customer at any time before delivery, to increase the price of the products to reflect any increase in the cost to DBM which is due to any factor beyond the control of DBM such as, without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials, or other costs of manufacture. Additionally, any change in delivery date, quantities or specifications for the products which is requested by the customer or failure of the customer to give DBM adequate information or instruction may also incur an increase in price.
9.3 - Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 10 - DELIVERY
10. Any dates quoted for delivery of products are approximate only and DBM shall not be liable for any delay in delivery of products howsoever caused. Time for delivery shall not be of the essence unless previously agreed by DBM in writing. Products may be delivered by DBM in advance of the quoted delivery date upon giving reasonable notice to the customer.
10.1 – Should the customer fail to take delivery of products or fail to give DBM adequate delivery instructions at the time stated for delivery then without prejudice to any right or remedy available to us, we may store products until delivery is completed and charge the customer for the reasonable cost including insurance of storage. Additionally, we may sell the products at the best price readily obtainable and upon deducting all reasonable storage and selling expenses, invoice the customer for any excess over the price obtained and invoice the customer for any shortfall below the price of the contract and invoice value.
10.2 – DBM shall not be under any obligation to pay any customs duties, fees and/or applicable taxes on behalf of the Customer. The Customer shall pay customs duties, fees and applicable taxes on imported shipments as required, prior to the shipment being delivered, where applicable.
10.3 – DBM cannot be held responsible for delays caused by external factors where external processes are required to complete your products. Examples of these factors may be the cutting and sourcing processes for gemstones and metal etc. If a supply chain event causes an unexpected delay we will contact you to update timeframes. Refunds due to delays where external factors are the source issue are not possible.
SECTION 11 - PRODUCTS OR SERVICES (if applicable)
11. We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that our computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
SECTION 12 - PERSONAL INFORMATION
12. Your submission of personal information to DBM Jewellery is governed by our Privacy Policy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
13. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
14. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - INDEMNIFICATION
15. You agree to indemnify, defend and hold harmless DBM JEWELLERY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
16. In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
17. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
18. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
19. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 20 - CHANGES TO TERMS OF SERVICE
20. You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.