Terms and conditions
Terms and Conditions
These are the Terms and Conditions of Molly Ginnelly trading as Molly Ginnelly Jewellery.
1. General
a. ‘Client’ is any person or organisation not acting in the course of a business that has contacted Molly Ginnelly Jewellery requesting information, or who has entered a Contract with Molly Ginnelly Jewellery for the provision of Collection and Bespoke Jewellery or repairs to Jewellery. (Collectively called the ‘Jewellery’) or Workshops.
b. ‘Bespoke Jewellery’- Jewellery individually designed or otherwise personalised for a Client.
c. ‘Collection Jewellery’- Jewellery created by Molly Ginnelly Jewellery as part of a collection and possibly recreated again. All Jewellery that is not Bespoke Jewellery.
d. ‘Contract’ – The legal agreement between Molly Ginnelly Jewellery and the Client for the provision of or repairs to Jewellery or a Workshop.
e. ‘Website’- https://mollyginnellyjewellery.co.uk
f. ‘Fee’- The sum payable for the provision of the Jewellery and repairs to the Jewellery as agreed with the Client and any additional sums agreed.
g. ‘Delivery Charge’- the sum for the delivery of the Jewellery to the Client.
h. ‘Studio’- the premises at Torryburn or any other premises used by Molly Ginnelly Jewellery.
i. ‘Payment’ – BACS, PayPal, Apple Pay and Stripe as advised.
j. ‘Charge’ – the sum for attendance at a Jewellery making workshop. The materials are normally included.
k. ‘Days’- All the days in a week excluding weekends and Bank Holidays.
l. These Terms and Conditions and the Contract will represent the whole of the terms between Molly Ginnelly Jewellery and the Client. Any changes to these must be agreed in writing by Molly Ginnelly Jewellery.
m. The Client will have the opportunity to read these Terms and Conditions and any question answered before placing an order and entering a Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
2. The Jewellery
a. The descriptions of the Jewellery by Molly Ginnelly Jewellery will be as accurate as possible and provided in good faith.
b. The Client must satisfy themselves that the Jewellery as described meet their requirements before placing an order to purchase. Molly Ginnelly Jewellery is always willing to answer any questions or queries.
c. If the Client makes an appointment for a consultation with Molly Ginnelly Jewellery, they must give at least 24 hours of any postponement or cancellation.
d. If the Client has any requirements that are essential to them, they must contact Molly Ginnelly Jewellery to discuss the matter before entering an order to ensure this is acceptable to Molly Ginnelly Jewellery.
e. Molly Ginnelly Jewellery warrants that she will use reasonable care and skill in producing the Jewellery or carrying out repairs.
f. By entering the Contract, the Client confirms they are at least 18 years of age.
g. All Jewellery meeting the required weight for gold and silver by the Assay Office will be hallmarked.
h. 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.
3. Sizing
a. 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.
b. If needed a ring sizer can be sent to the Client in the post or the Client should visit their local jeweller.
c. If the Client finds the Jewellery does not fit based on their measurements the first resize will be free within six months of purchase or with Bespoke Jewellery within six months of delivery.
d. The Client must accept that some items cannot be resized without recreating the piece at an extra cost.
4. Delivery
a. All Jewellery is made to order except when on display at the Studio.
b. Stock items will normally be dispatched within five working days. Collection Jewellery that has to be made to order will normally be dispatched within two to six weeks. Bespoke Jewellery may take up to twelve weeks to dispatch. The Client must contact Molly Ginnelly Jewellery for more exact times.
c. Normal delivery period may be longer if due to events beyond the control of Molly Ginnelly Jewellery e.g., industrial action.
d. If the Client requires the Jewellery for a specific date this must be advised to Molly Ginnelly Jewellery before making any Contract who can state if this can be met or not, otherwise time is not of essence in delivery.
e. Any delivery dates specified are approximate estimates only and unless agreed in writing by Molly Ginnelly Jewellery, time is not of the essence for delivery.
f. No delay shall entitle the Client to reject any delivery or Jewellery or part of an order.
g. If the Client requires delivery by a certain date, then this must be communicated in writing to Molly Ginnelly Jewellery before the Contract is entered. Molly Ginnelly Jewellery is only bound by such date if they confirm acceptance of this in writing.
h. The Fee and Delivery Charge will not include any customs charges or other fees and charges payable in the country of delivery if outside the UK. These are the responsibility of the Client. If these are not paid the authorities will return the Jewellery to Molly Ginnelly 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.
i. Molly Ginnelly Jewellery does not currently deliver to certain countries due to the regulations in those countries. The Client must speak to Molly Ginnelly Jewellery before placing any order to be delivered outside the UK to ensure that Molly Ginnelly Jewellery is willing to accept that order to that country.
5. Bespoke Jewellery
a. Upon receipt of any enquiry from a Client, Molly Ginnelly Jewellery will arrange a meeting with them to establish the piece of Jewellery required and the style and design, sizing, and their budget. Molly Ginnelly Jewellery will then advise what can be produced and a rough quotation given as to the Fee and any Delivery Charge.
b. An invoice will then be raised for a design fee.
c. Once the invoice is paid Molly Ginnelly Jewellery will prepare designs and specifications with the Fee and Delivery Charge.
d. An invoice will be raised for 50% of the Fee and Delivery Charge (less the design fee already paid) once the design is agreed.
e. Molly Ginnelly Jewellery will answer all reasonable questions from the Client and seek to find a design acceptable to the Client.
f. Molly Ginnelly Jewellery will use her best endeavours to answer all questions and requirements from the Client, but this is subject to reasonable use of time.
g. Molly Ginnelly Jewellery may ask for the full Fee upfront in some circumstances.
h. Any changes to the original style or design may incur an increase in the Fee although the Client must accept that is some cases changes may not be possible.
i. Once the initial invoices have been paid and the design agreed, the necessary materials will be ordered and the work commenced, so no refunds will be issued as the Jewellery is individual and personalised for the Client.
j. Due to the handmade nature of the Jewellery reasonable adjustments to the design may be required to complete the piece from a practical perspective. Molly Ginnelly Jewellery will always endeavour to keep the style as close as possible to the agreed form but if changes are essential the Client will be contacted to discuss the situation to find the solution most acceptable to the Client.
k. When the Jewellery is finished the Client will be sent a photograph and an invoice for the balance of the Fee and Delivery Charge.
l. Once paid Molly Ginnelly Jewellery will send the finished Jewellery by Royal Mail to the Client. The Client can collect from the Studio if they wish by prior arrangement.
6. Provision of Stones or other materials by the Client
a. If the Client provides a stone or other material e.g., gold they must sign a waiver before any work can commence excluding Molly Ginnelly Jewellery from any liability should damage occur to the material or the Jewellery or any issues arising from its use.
b. Molly Ginnelly Jewellery may require the stones or materials to be independently verified as to their authenticity and content.
c. Molly Ginnelly Jewellery has the right to refuse to use any stone or material supplied by the Client if she is not satisfied that the result will be of the appropriate standard.
d. Generally, Molly Ginnelly will not work with opals, emeralds and white gold if provided by the Client.
7. Collection Jewellery.
a. If ordered through the Website or ordered direct the Contract is made when the Client has paid the Fee required and any Delivery Charge.
b. The Client will be sent an acknowledgement email as soon the order is placed.
c. Molly Ginnelly Jewellery will take reasonable care to ensure all details, descriptions and Fees 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.
d. Provision of Collection Jewellery under the Contract by Molly Ginnelly 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 will be instigated within five days and receipt is dependent upon the finance provider.
e. Molly Ginnelly 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.
f. The Website can only be used for orders to be delivered in the UK. For delivery outside the UK please contact Molly Ginnelly Jewellery for a shipping quote.
g. For orders to be delivered outside the UK the Client is responsible for payment of all customs fees, duties and other charges. If Jewellery is returned to Molly Ginnelly Jewellery because the customs or other fees are not paid no refund will be paid to the Client.
h. Molly Ginnelly 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.
i. Molly Ginnelly Jewellery reserves the right to limit the number of Jewellery pieces purchased by an individual Client.
8. Repairs
a. Generally, the only repairs and/or resizing carried out are to Jewellery created by Molly Ginnelly Jewellery.
b. Upon receipt of any enquiry for such a repair by a Client the Client may be asked to provide a photo or discuss what is required and be given a rough quotation of the cost involved. They will then be asked to deliver the Jewellery.
c. Repairs completed are only guaranteed for one year for workmanship if Molly Ginnelly Jewellery provided all the materials. Where the Client provided some of the materials then repair is at the discretion of Molly Ginnelly Jewellery, and she accepts no liability for issues arising from those materials.
d. Any guarantee depends upon evidence that the Client has followed the advice originally given to them regarding the handling and care of the Jewellery. A Care Sheet is available.
e. If the Jewellery is broken the Client must accept that it may not be possible to carry out a repair depending on the age and materials involved and the care and treatment of the Jewellery.
f. If Molly Ginnelly Jewellery believes she can repair an item, she will advise the Client of the risks involved which they must accept.
g. If Molly Ginnelly Jewellery does not believe any damage is due to faulty workmanship but due to bad handling and care by the Client and/or it is more than one year since the Jewellery was sold, then a charge will be made for any repairs carried out.
h. If the Client wishes to proceed with the repair Molly Ginnelly Jewellery will make notes regarding the condition.
i. 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. Molly Ginnelly Jewellery will use all due care to assess the item and the risks involved.
j. Molly Ginnelly 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.
k. If Molly Ginnelly Jewellery finds that the Fee for any repair is higher than anticipated due to extra factors arising, she will discuss the situation with the Client to see if they wish to proceed.
l. Once the repair is completed the Client will be sent an invoice for the repair and return postage.
m. When the invoice has been paid the Jewellery will be returned to the Client by Royal Mail Special delivery.
n. 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.
9. Design Issues
a. The Client cannot reject any item of Jewellery following provision of a bespoke item, personalised jewellery or any repairs to Jewellery based on issues with style and design.
b. Molly Ginnelly 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 Molly Ginnelly Jewellery immediately if they are not happy with what has been shown or described to them so that changes can be made.
c. The Client accepts that changes in design, gemstones or materials could lead to an increase in the Fee.
d. Molly Ginnelly Jewellery may terminate any Contract for the provision of Bespoke Jewellery if she believes she will be unable to reach an agreement with the Client within a reasonable timeframe as to the design of the Jewellery.
10. Guarantee and Returns
a. When 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 Molly Ginnelly Jewellery in writing by email immediately giving full contact details. This does not apply to Collection Jewellery personalised in any way, including engraved for the Client or earrings due to hygiene issues.
b. The Client then has 14 days to return the Jewellery to Molly Ginnelly Jewellery in a safe and appropriate manner at their own cost using a suitably insured service to protect the value of the Jewellery. It is the Client’s responsibility to ensure the Jewellery is properly insured in return transit.
c. Provided the Jewellery is returned undamaged in any way, unused, Molly Ginnelly Jewellery will the refund the cost of the Jewellery and the basic original delivery cost (ignoring any charges above standard delivery). A deduction may be made if the Jewellery is returned and has not been handled as instructed by the Client.
d. The guarantee will not apply if the Jewellery is damaged.
e. This guarantee is in addition to the legal rights available to them.
f. The right of return does not apply to Bespoke Jewellery, personalised Collection Jewellery or Collection Jewellery not purchased online.
11. General Guarantee
a. Molly Ginnelly Jewellery will offer a one-year guarantee for workmanship on Collection Jewellery and Bespoke Jewellery excluding any issues arising from the Client providing their own materials or failure to care properly for the Jewellery.
b. The guarantee will not apply if the Jewellery is damaged or not stored correctly.
c. Molly Ginnelly Jewellery offers no guarantee if the Client provides their own gemstones and/or metal and any issues arise from their use, as she cannot be sure of the quality and suitability of the products.
d. Molly Ginnelly Jewellery offers no guarantee for any Jewellery it considers having been treated badly and where proper care has not been taken. All Clients are expected to follow the care instructions as set out on the Website.
e. All Clients are expected to follow the care instructions provided.
12. The Fee
a. For Bespoke Jewellery following payment of the design fee, half of the Fee and Delivery Charge (less the design fee) must be paid once the design has been agreed and an invoice submitted. The balance is due upon completion before any Jewellery is delivered.
b. For Collection Jewellery the Fee must be paid as required on the Website where Collection Jewellery is ordered through the Website or otherwise as agreed.
c. For Repairs any Fee must be paid in full before the Jewellery is returned.
d. All invoices must be paid in full without set-off, deduction or counterclaim.
e. Any invoice not paid within 30 days of issue will incur interest at 8% per annum above base rate until paid in full. Standard debt recovery charges will also be added.
13. Workshops
a. Jewellery Making Workshops are offered are as set out on the Website and are at the Studio unless stated otherwise.
b. A Client wishing to book a private one to one workshop must contact Molly Ginnelly to discuss what they wish to make, and the costs involved. Costs are normally covered within the class for set options. However, costs above and beyond will be quoted and be payable before class goes ahead. Booking is then through the website and payment of the charge. The date is then agreed for the workshop.
c. The Charge will be based upon the current prices for the materials. Delay between the initial discussion and booking the workshop can lead to the prices having increased if the purchase price of the materials increases. Once the Charge is paid the materials will be purchased.
d. If the Client changes their mind about the materials and design after the Charge has been paid then this may incur extra costs which must be paid before the Workshop.
e. Instructions for the Workshop will be issued before the date of the Workshop.
f. The Client must follow instructions and act safely at the Workshop and respect the rights and safety of the other attendees and trainer.
g. The Workshops will involve the use of various potentially dangerous tools including a sawing blade, blow torch, hammer, rotary polisher. Instructions will be given, and the Client must listen, ask any necessary questions until they fully understand and then follow those instructions to respect the health and safety of themselves and anyone else present.
h. The Client will indemnify Molly Ginnelly against all claims, demands and damages arising from the Clients attendance at the Workshop.
i. If the Client is unable to attend a Workshop a minimum of forty-eight hours’ notice should be given. The date of the Workshop can be rearranged but not cancelled as the materials will have been purchased.
j. If Molly Ginnelly Jewellery is unable to take a Workshop due to events beyond her control, then an alternative date will be arranged. If the Client is unable to attend such date the Charge paid will be refunded. Molly Ginnelly Jewellery is not responsible for any additional costs or expenses incurred by the Client should Molly Ginnelly Jewellery have to cancel a Workshop due to events beyond their control.
k. The Client must not attend any Workshop if they have any illness that could be transmitted or have symptoms of a cold or covid. Attendance can be rearranged at a suitable Workshop at a later date.
l. No one attending any Workshop must be under 18 years of age. The Client must produce ID confirming their date of birth if requested to do so by Molly Ginnelly Jewellery. Anyone under 25 years of age must come to the Workshop prepared to produce such ID. Molly Ginnelly Jewellery is not insured for attendees under 18 years of age. Any attendee under 18 and their legal guardian must indemnify Molly Ginnelly Jewellery arising from an issue that arise at the Workshop because of the lack of insurance.
14. Cancellation Policy
a. If the Client cancels the provision of Bespoke Jewellery the initial 50% payment is non-refundable to cover the cost of materials and towards the time expended.
b. If the Client wishes to cancel the provision of repairs once the work has commenced, they must pay Molly Ginnelly Jewellery for all work and materials used to date of cancellation before the item is returned.
c. Private individuals cannot cancel once the guarantee period of 14 days set out above has passed following purchase of Collection Jewellery except in accordance with their legal rights.
d. Molly Ginnelly Jewellery reserves the right to cancel an order without liability if she is unable to supply the Jewellery ordered due to events beyond her control.
15. Subcontracting
Molly Ginnelly Jewellery has the right to subcontract any of the services required to provide the Jewellery.
16. Risk
a. The Risk in the Jewellery shall pass to the Client when the Jewellery is delivered to the Client, the Client’s premises or property, or other premises as requested.
b. The Client is advised to insure the Jewellery against all usual risks once it has been delivered to them.
17. Limitation of Liability
a. Should Molly Ginnelly Jewellery be prevented, hindered or delayed from performing her obligations under the Contract by circumstances outside of her 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 )Molly Ginnelly Jewellery shall be relieved from performing her 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.
b. Molly Ginnelly Jewellery accepts no liability for Repairs to Jewellery relating to issues arising from the materials due to the numerous unknown factors but will endeavour to follow good practice.
c. Molly Ginnelly Jewellery is not liable for any indirect or consequential losses to the Client or any third party.
d. The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
e. Molly Ginnelly Jewellery will provide the Client with advice on how to look after the Jewellery. She accepts no liability if the Jewellery requires attention because the Client has not followed this advice.
f. Where Molly Ginnelly Jewellery advises against a course of action, including the use of certain materials and gemstones, she will not accept any liability if the Client insist on proceeding against that advice.
18. Intellectual property
a. 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 Molly Ginnelly 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.
b. If the Materials supplied by Molly Ginnelly Jewellery are used by a third party for any purpose, not in the Contract the Client will be liable to Molly Ginnelly Jewellery for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.
c. The Client must accept that whilst Jewellery sold as Bespoke is individually designed and created there are a limit to the designs available and it is possible that another Client may choose a similar design.
19. Data Protection and Confidentiality
a. Molly Ginnelly 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.
b. Molly Ginnelly Jewellery will take all reasonable care to keep all personal data confidential.
c. Clients may be contacted by Molly Ginnelly 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.
20. 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. Molly Ginnelly Jewellery will seek to find a mutually acceptable solution for all parties.
21. 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.
22. 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.
23. Waiver
The waiver by Molly Ginnelly 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.
24. Transfer
The Client may not transfer any of their rights under the Contract to any third party.
25. Law
The laws of Scotland govern these Terms and Conditions.