Terms and Conditions

GENERAL

(i) These Terms set out your ("You") agreement with (“OOOBangles”) in relation to the use of the Website and the placement of Order for Products and related matters;

(ii) In consideration of OOOBangles allowing you to use the Website, and/or opening an Account for you, you agree with OOOBangles to be bound by these Terms.

This website is owned and operated by OOOBangles.

OOOBangles is a registered trademark and trading name of T J Counter, whose registered address is c/o DCA, Hardy House, Northbridge Road, Berkhamsted, Hertfordshire HP4 1EF.

1. ORDERS & COMMISSIONS:

Orders and Agreement Formation

(i) Before you may place Orders, you must register an Account with OOOBangles. To register an Account, you must: 

(a) Give OOOBangles accurate and current personal information including your name, address, and a valid email address;

(b) Be at least 18 years old, and have the capacity to enter into a legally binding agreement with OOOBangles.

  (ii) You must follow the instructions provided in written correspondence, or on the Website as to how to make an Order and for making changes to your Order before you submit an Order.  

(iii) Subject to these Terms, and cases of Error or Obvious Error, despite any previous Price you may have seen or heard, the Price or related charges (for example delivery charges) shown or told to you (on the Website) in respect of any Order, is the Price and charges communicated to you via the Order Confirmation.

  (iv) Unless otherwise stated, all payments to OOOBangles are to be made in GBP.

  (v) On agreement of the design and cost of your product(s), a proforma invoice for a 50% non-refundable deposit will be issued to you. Receipt of funds initiates the manufacture process. When we have made your product(s) we will send you a final invoice for the balance; payment must be received before we deliver your commission.

  (vi) A binding agreement between you and OOOBangles for the purchase of Products is formed when you receive a proforma invoice from OOOBangles. You agree that OOOBangles is not obliged to commence manufacture or supply the Products to you until proforma and full balance payments respectively have been received.

  (vii) OOOBangles may in its discretion refuse to accept an Order from you, or refuse to process your Order for any reason. These reasons include but are not limited to: 

(a) Unavailability of Products the subject of an Order;

 (b) OOOBangles suspects that you might be re-selling the Products;

 (c) OOOBangles suspects that the Order is not genuine and that it is being used for a purpose other than for use of the Products; or (d) where OOOBangles considers that the Products cannot be delivered to your nominated delivery address.  Cancellations and Amendments to Orders

(i) OOOBangles is not obliged to accept any request by you for a cancellation or amendment of an Order;  

(ii) If you discover that you have made a mistake with your Order after you have submitted it to OOOBangles, you may request the Order be cancelled or amended. OOOBangles does not guarantee that it will be able to cancel or amend the Order in those circumstances;

  (iii) If you have made an Order and OOOBangles is unable to process the Order or OOOBangles does not accept the Order, OOOBangles will notify you and the Order will be cancelled;  

(iv) OOOBangles will refund any payment already made by you where an order is cancelled as contemplated by this clause, and before it has been accepted by OOOBangles.  

2. DELIVERY:

If we have an item in stock, we will dispatch it within the next three working days.  If an item is not in stock, our typical time frame for bespoke creations is six weeks from order to delivery. We want you to have your piece as soon as possible, so we will ALWAYS speak with our workshop to see what we can do to minimise lead times.

(i) The delivery times provided by OOOBangles are estimates only which are provided to OOOBangles and determined by the chosen parcel carrier and shipping method. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

(ii) Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

(iii) In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.

(iv) On delivery of the Product, you may be required to sign for delivery, unless you grant us authority to leave (“ATL”). If you grant ATL you understand and agree that this authority to leave gives us and/or your selected courier permission to post the Order in question through the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.

(v)You agree to inspect the Product for any obvious faults, defects or damage on receipt of delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it. The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault.

 (vi) Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

3. CHANGE OF ADDRESS:

OOOBangles cannot be held responsible if you enter an incorrect address on your order.

If you become aware of an inconsistency after your order is finalised, please email accounts@ooobangles.com immediately.

4. DAMAGE:

You agree to take care when opening the products so as not to damage it and not to use any sharp objects or instruments in that process.

5. YOUR COMMITMENTS, AGREEMENTS AND ACKNOWLEDGMENTS:

(i) You warrant, and represent to OOOBangles and acknowledge that OOOBangles has relied on same in entering into any Agreement with you, that:

(a) All information provided by you in your Account application is complete, accurate and correct and is not misleading;

(b) OOOBangles may rely on that information unless and until it receives written notice of any change signed by you. Any such varied information will be covered by this warranty;

(c) You have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to these Terms;

(d) During your dealings with OOOBangles, you will be in a position to meet all your commitments and obligations arising from these dealings;

(e) You will notify OOOBangles immediately of any errors or omissions with respect to your details or Account, in writing;

(g) You have not made known, either expressly or by implication, to OOOBangles, any purpose for which you require the Products and you have the sole responsibility of satisfying yourself that the Products are suitable for your use.

(ii) You agree:

(a) to provide OOOBangles with accurate, true and current information about yourself and maintain that information;

(b) you are responsible for maintaining the confidentiality of any password and Account information and the activities conducted on your Account;

(d) OOOBangles is not responsible for, and is not liable to you in respect of any Loss suffered or incurred by you regarding the reliability, completeness or accuracy of any third party information it provides or makes available to you;

(e) OOOBangles has the right to correct any trading or administrative errors including but not limited to reversing or cancelling an Order without your consent and without liability or recourse by you against OOOBangles;

(f) Any information provided by OOOBangles including information posted on its website is indicative and for information purposes only. OOOBangles does not warrant the accuracy of that information and you should not make your own enquires concerning that information.

6. YOUR INSTRUCTIONS:

(i) All your instructions are subject to law, and these Terms.

(ii) It is your responsibility to ensure that all instructions given to OOOBangles are in accordance with the law, and these Terms.

(iii) If OOOBangles considers it is in its reasonable interest to do so and to the extent permitted by law, it may decline to act in relation to any particular dealings, without explanation or notice where it:

(a) believes the transaction would result in no change of beneficial ownership in the Products;

(b) believes the instructions are ambiguous, incomplete or unclear; or

7. TERMINATION OF AGREEMENTS:

(i) If you do not comply with any essential obligations, OOOBangles may terminate an Agreement by serving a notice of termination on you.

(ii) For the purposes of these Terms and any Agreement where you agree to acquire Products from OOOBangles:

(a) any obligations on you to pay the Price and other applicable charges in respect of any Order, or to pay any other moneys owing by you to OOOBangles in relation to these Terms or any Agreements, are deemed to be essential obligations; and

(b) in respect of any other obligations, those obligations are deemed to be essential obligations if they remain unremedied for a period of seven days from the date OOOBangles advises you of the relevant breach and the need to remedy those defaults.

(iii) OOOBangles may also terminate an Agreement arising from an Order if the Products are not available for any reason or due to inability of OOOBangles to deliver the Products to your nominated delivery address;

(iv) In the case of termination of an Agreement:

(a) due to non-availability of the Products, OOOBangles will refund to you any money paid by you in respect of that Agreement;

(b) due to inability of OOOBangles to deliver the Products to your nominated delivery address, OOOBangles may, but is not obliged to refund to you any money you have paid to OOOBangles, however if OOOBangles elects to refund to you some of those monies OOOBangles may deduct its reasonable administration charges connected with acceptance of the Order and delivery of the Products (including for attempting to deliver and then returning the Products, and any storage fees as provided for in the Terms);

(c) due to breach by you of an essential term, OOOBangles may hold any other money paid by you under same as security for anything recoverable in relation to these Terms and/or enforce any other rights it may have against you in relation to these Terms and/or at law or in equity.

8. SALES OUTSIDE OF UNITED KINGDOM:

You agree:

(i) the Website and OOOBangles is based in the United Kingdom;

(ii) the Price and related charges related to the sale of Products by OOOBangles to you, will, for customers located outside of the United Kingdom, be subject to the exchange rate applied by the customer's bank or in the absence of same, by OOOBangles;

(iii) where Products are shipped to your nominated delivery address outside of the United Kingdom, there may be Overseas Tax levied by a Government Agency in the country of nominated delivery, and that you will be liable for all such Overseas Tax (even if it is charged to OOOBangles) and any other Loss you may suffer or incur related to the charging of Overseas Tax, and:

(a) OOOBangles is not responsible for, and not liable to you for any Overseas Taxes or other Loss you may suffer or incur related to charging of Overseas Tax;

(b) OOOBangles is not liable to reimburse you for any Overseas Taxes that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax;

(c) you agree to reimburse OOOBangles for any Overseas Tax that may be imposed upon OOOBangles or any other Loss OOOBangles may suffer or incur related to charging of Overseas Tax; and

(d) you release OOOBangles from all Claims you had, have or may have in relation to any Overseas Tax that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax.

9. SIZE, COLOUR AND PATTERNS:

OOOBangles has made every effort to display as accurately as possible the colours, patterns and sizes of products that appears in its site. However, as every piece is made and finished by hand and as monitors and phone screens vary, we cannot guarantee that your piece(s) will be an exact replica of any item photographed or that your screen’s display of any colour will be completely accurate.

10. RETURNS:

(i) You agree that it is not a defect in the Product or a breach of a warranty if in OOOBangles’ reasonable opinion, following the sale of the Products to you, the Product has:

(a) become of unacceptable quality due to fair wear and tear;

(b) been misused, or not used in accordance with manufacturers’ instructions, or been used in an abnormal way or in any manner other that which it was intended; or

(c) not had reasonable care taken by you in respect of the Product. Breakage due to dropping, banging, knocking or otherwise causing an item to come under undue stress is not considered a fault

(ii) You may return Product to OOOBangles in circumstances where you believe the Product is the subject of a defect, or there is an applicable warranty claim contemplated by these Terms.

(iii) If you believe you have received a product which has a manufacturing fault; You must contact us as soon as you receive your order. Images of the damage, defect or fault must be submitted via email for preliminary assessment.

(iv) Where the Product sold to you is confirmed to have a defect, or there is an applicable warranty claim contemplated by these Terms, OOOBangles will replace the Product or refund the Price of the Product to you at your request.

(iv) If the Product is found not to have a defect or there is no applicable warranty claim contemplated by these Terms, OOOBangles will return the Product back to you and may charge you the delivery costs of this return.

(v) If the product is found to be damaged due to wear and tear or misuse on your part, where possible, we will offer to repair items. Under such circumstances we will contact you with a quote for the repair. No repair will be undertaken until it is paid for in full, in advance or unless voided.

(vi) All products returned to OOOBangles must be tracked or delivered by hand. OOOBangles is not responsible for any products that go missing or are lost in transit to us.

(vii) Customised pieces are non-returnable and non-refundable.

11. CARE GUIDE:

Gold and Sterling silver and other precious metals are naturally soft metals and should be treated with special care to avoid damage. Avoid exposure to perfumes, oils and household chemicals. If tarnishing occurs, wipe with a jewellery cleaning cloth or clean with a suitable cleaning agent.

12. WEAR AND TEAR & REPAIRS:

(i) Metal products will be subject to wear and tear and normal patination. Designs with edges may be subject to denting more than design with smooth surfaces. OOOBangles is not responsible for normal wear and tear, scratching, denting or patination.

(ii) OOOBangles can offer repair and restorations, subject to discussions with our workshops.

(iii) In submitting a repair you are submitting your pieces for review. This is not a confirmation that your repair or restoration will be completed.

(iv) Quotes for repair or restoration are not always final. OOOBangles agrees to confirm the Price prior to repairing or restoring the piece

(v) If, for any circumstance, the submitted piece must be shipped by OOOBangles or the Client, both parties agree to both insure and track the parcel. OOOBangles will not be liable to the Client for any losses or damages as a result of transit. If an item is lost in transit OOOBangles may assist with the carrier insurance claim, where appropriate. When compensation is given to OOOBangles as result of a claim, OOOBangles will issue a credit note for the value received and agrees to sourcing a replacement where possible.

(vi) Agree to lead times of 12-16 weeks for Metal repairs. The lead times provided by OOOBangles are estimates only which are provided to OOOBangles. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee completion dates and OOOBangles shall not be liable to you for any inconvenience, losses, liabilities, costs, damages, charges or expenses arising out of overdue repairs.

(vii) In the event that the piece suffers damage during repair or restoration processes, OOOBangles agrees to notify the client and to work to a resolution.

(viii) Results of repolishing may vary from the finish observed at time of purchase.

HALLMARKING:
All our pieces are assayed – tested for purity – at our workshop’s Birmingham Assay Office suboffice.

13. PRIVACY & SECURITY:

In order to make a purchase through our site, you will need to provide information about yourself. This must be true, accurate, current and complete – in particular your real name, e-mail address and other information requested as indicated.

You will be required to provide payment details which you warrant are valid and correct and you confirm that you are the person referred to in Billing Information provided.

Should any of your information change, please notify us by emailing hello@ooobangles.com.

OOOBangles will not use the information you provide us with for any purpose other than what is necessary to fulfil your orders. OOOBangles will not share your customer details with any third parties. Any personal data obtained by us in your use of this site will be recorded electronically and only used in accordance with the UK Data Protection Act 2018.

14. COOKIES:

A cookie is a small text file that is saved to and retrieved from your computer or mobile device. If you use our site and have cookies on your browser, we understand this as accepting our usage of cookies.

OOOBangles uses cookies to help provide the best experience for our customers.

We may use temporary or permanent cookies when you access our website.

We use both first and third party cookies to collect statistics and user data to optimize our site and to present you with relevant marketing material.

Some third party cookies are set by social media providers that we may utilise and are independent of our control. These may include: Facebook, Instagram, Pinterest and TikTok. These providers have their own separate cookie policy.

Data forwarded to third parties is only used to optimize our site and to present you with relevant marketing material. These may include: Facebook, Instagram, Pinterest and TikTok.

15. COMMUNICATION FROM YOU:

(i) If you send information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.

(ii) In the event that you do post such material on our website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.

(iii) In the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing.

(iv) All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.

16. EMAIL USAGE:

We use your email address as the best way to contact you about your order, or for any reminder service you might have. We may update you with relevant OOOBangles news or offers, but only with your permission. We will never pass on your details to any third parties.

17. DEFINITIONS AND INTERPRETATIONS:

In these Terms:

Account means an account issued by OOOBangles to you for the purpose of facilitating any transaction relating to the sale of Products or related services.

Agreement means, as the context permits, an agreement for the sale of Products and related services to you by OOOBangles arising from the acceptance of an Order by OOOBangles.

Account Holder means the person or entity who has been granted an Account by OOOBangles.

Business Day means a day in which banks are open for business in the UK.

Claim means any claim, action, proceeding or demand made, however arising and whether present or future, fixed or unascertained, actual or contingent;

Government Agency means any entity, body or person or government agency or authority with the authority to administer of any law;

Loss means a damage, loss, cost, expense or liability incurred or suffered, however arising and whether present or future, fixed or unascertained, actual or contingent.

Non Excludable Term means in relation to any part of these Terms, that by the application of any legislation applicable to the sale of goods or supply of services, may not:

be excluded, restricted or modified; or

otherwise applied in a way that has the effect of causing them to be excluded, restricted or modified.

Obvious Error means any matter, fact or thing which is obviously wrong, incorrect and of such a nature that no reasonable person in the position of OOOBangles would have proceeded with any transaction on the basis of same.

Order means the order submitted by you to OOOBangles via the Website to purchase Products from OOOBangles.

Order Confirmation means the advice to you whereby OOOBangles acknowledges to you, it has accepted an Order by you.

Overseas Tax means any present or future tax, levy, impost, deduction, charge, excise, duty, compulsory loan or withholding of whatever kind and whether direct or indirect, including but not limited to any related interest, penalty, fine or expense in connection with any of them levied or imposed by any Government Agency (other than a UK Government agency) in connection with any law (other than an UK law);

Product and Products means any products or goods sold to you by OOOBangles, from time to time and as contemplated by any Order made by you in respect of the same.

Your Information means relevant information and other personal information about you, including but not limited to your full name, date of birth, residential address, and your interactions with OOOBangles (such as Agreements), your credit card and related banking payment details, copies of personal identification documents that prove your identity or information about you that is publicly available, for example from public registers or social media.

You and Your means the Account Holder.

We, our, or us means OOOBangles. OOOBangles is a trading name of Tim Counter, whose registered address is c/o DCA, Hardy House, Northbridge Road, Berkhamsted, Hertfordshire, United Kingdom HP4 1EF

Website and the Website means the website that operated and maintained by OOOBangles in respect of the sale of Products to consumers and in respect of which Accounts are opened by you and/or Orders are facilitated and transacted.

In these Terms:

Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms;

Words imparting the singular shall include the plural and vice versa;

Words imparting a gender shall include every gender;

Words referring to persons includes natural persons, corporations and any other entity recognised by law.

18. INTELLECTUAL PROPERTY, COPYRIGHT & TRADEMARKS

(i) OOOBangles is a registered trademark and trading name of T J Counter, whose registered address is c/o DCA, Hardy House, Northbridge Road, Berkhamsted, Hertfordshire HP4 1EF

(ii) You acknowledge and agree that there are intellectual property rights that are owned by or licensed to OOOBangles and these include rights in respect of the Website content;

(iii) Any material on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with OOOBangles’ consent;

(iv) The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.

(v) You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

(vi) To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, OOOBangles is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

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