TERMS & CONDITIONS

INTRODUCTION

www.silverdaisy.co.uk (“site”) is owned and operated by Katy Cook trading as Silver Daisy, a sole trader in England with a registered office and business address at 6 St Peter’s Street, St Albans, Hertfordshire, AL1 3LF, United Kingdom.

Please read these terms and conditions carefully before placing an order. By purchasing products or services via this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products or services on this site.

2. CHANGES TO TERMS

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of products and services following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products, or just the Products and Services you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

3. PRIVACY POLICY AND ACCEPTABLE USE POLICY

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy.

4. PRODUCTS

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 5% tolerance. Products delivered and packaging may vary slightly from those images.

5. AGE RESTRICTION

You shall not purchase any Products from our Site if you are below the age of 18 years old.

6. ACCEPTANCE OF ORDER

6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Order Confirmation). We are not bound by the Order unless we accept it in writing.

6.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.

6.3 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.

6.4 If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.

7. ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

8. REPRESENTATIONS

8.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

9. RIGHT TO CANCEL

Products

9.1 Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 9.2 below.

9.2 You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below

Your Contract

End of the cancellation period

9.2.1 Your Contract is for a single Product (which is not delivered in instalments on separate days).

14 days after the day on which you received the Product.

Example: if we provide you with a Dispatch Confirmation on 1 April and you received the Product on 10 April you may cancel at any time between 1 April and the end of the day on 24 April.

9.2.2 Your Contract is for either of the following:

· one Product which is delivered in instalments on separate days.

· multiple Products which are delivered on separate days.

14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 April and you receive the first instalment of your Product or the first of your separate Products on 10 April and the last instalment or last separate Product on 15 April you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 April and the end of the day on 29 April.

9.2.3 Your Contract is for the regular delivery of a Product over a set period.

14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with a Dispatch Confirmation on 1 April in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 April, you may cancel at any time between 1 April and the end of the day on 24 April. 24 April is the last day of the cancellation period in respect of all Products to arrive during the year.

9.3 If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.

9.4 However, you cannot cancel Contract in below cases:

a) Bespoke or personalised jewellery – specially commissioned pieces of jewellery which are non-standard to our product catalogue

b) Once the products have been used or worn

c) If the products have been damaged after receipt

Workshops

9.5 Where a workshop is booked online, by telephone, or by other distance means, consumers may have the right to cancel their booking within 14 days of purchase under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, if the workshop is scheduled to take place within the 14-day cancellation period and the participant expressly agrees for the services to begin during that period, the participant acknowledges that:

a) if the workshop is fully completed during the 14-day period, the right to cancel will be lost; and

b) if the workshop is partially completed before cancellation, the Company may retain an amount proportionate to the services already provided.

9.6 If a participant wishes to cancel a workshop booking, the following terms shall apply:

a) cancellations made 14 days or more before the workshop date will receive a full refund;

b) cancellations made between 7 and 13 days before the workshop date will receive a 50% refund;

c) cancellations made less than 7 days before the workshop date are non-refundable.

9.7 At the Company’s discretion, participants may request to transfer their booking to an alternative workshop date, provided reasonable notice is given and spaces are available.

9.8 The Company reserves the right to cancel or reschedule a workshop due to insufficient attendance, instructor illness, force majeure events, or circumstances beyond its reasonable control. In such cases, participants will be offered either:

a) a transfer to an alternative date; or

b) a full refund of amounts paid.

9.9 Failure to attend a workshop without prior notice shall be treated as a cancellation and no refund will be provided.

9.10 Approved refunds will be processed using the original payment method within a reasonable period, typically within 14 days of confirmation of the refund entitlement.

10. RETURN AND REFUND

a) To cancel a Contract in accordance with clause 9 above, you should contact us via email at katy@silverdaisy.co.uk including details of your order.

b) You can also contact us via post at Silver Daisy, 6 St Peter’s Street, St Albans, Herts, AL1 3LF, United Kingdom. Please include details of your order.

c) If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

d) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at katy@silverdaisy.co.uk

e) We will contact you or give you notice by e-mail or by post to the address you provided us with your order.

10.2 If you cancel your Contract we will:

a) refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner. See our Returns page www.silverdaisy.co.uk/deliveryandreturns for information about acceptable handling and examples.

b) refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.5;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.

10.3 If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

10.4 Refunds will be made to you on the credit card or debit card used by you to pay. We will refund you in vouchers if you used vouchers to pay for our Products.

10.5 If a Product has been delivered to you prior to your decision to cancel your Contract:

a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please contact us via email for our returns address. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered;

b) you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, you will be charged with the direct cost to us of collection. We charge £10 for collection of items with an ‘AL’ prefixed postcode.

10.6 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

11. DELIVERY

11.1 We will let you know the estimated delivery date which will be within 1-3 working days after the date of the Dispatch Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 20 below.

11.2 If no one is available at your address to take delivery, our delivery provider will leave you a note or email to rearrange delivery. A tracking number is also provided at the point of dispatch which can be viewed online to check the status of your delivery.

11.3 Delivery of an Order shall be deemed to be completed when:

(i) we deliver the Products to the address given by you;

(ii) we deliver the Products directly to you; or

(iii) a carrier organised by you to collect Products from us collects the Products from us

and you will be responsible for the Products from that time.

11.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

11.5 With the exception for bespoke, made to order or commissioned products, if we fail to deliver Products within 5 working days then you may cancel your Order straight away if any of the following applies to you:

a) we have refused to deliver the Products;

b) delivery within the delivery deadline was essential considering relevant circumstances; or

c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

11.7 You can cancel your Order under clause 11.5 or clause 11.6, only for some of the Products ‘Available stock items’ that do not need to be resized, custom made and changed in any way prior to dispatch.

11.8 Items that are made to order, resized, or custom made in anyway will have alternative delivery timescales quoted at the point of order.

12. INTERNATIONAL DELIVERY

12.1 Unfortunately, we do not deliver to addresses outside the UK.

12.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

13. PRICE AND DELIVERY CHARGES

13.1 Prices of the Products and Services are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

13.2 We do not currently need to charge VAT on our products. However, this may change in future at which point prices will be adjusted to reflect this on the website and only apply to orders placed from that point onwards.

13.3 Delivery cost is not included in the price specified for a Product. It will be added to the due amount, except where we have offered a promotion for free delivery over a set purchase amount.

13.4 Despite our best efforts, there may be incorrect prices on some of the Products and Services. If the Product and Services’ correct price is less than a price shown on our site, the lower amount will be charged. If the Product or Services’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Product or Service to you at the lower price that was incorrect.

14. PAYMENT

Payment for products and services are to be made in advance by credit or debit card via Squarespace. A bank transfer can also be made but must be received in full before items are dispatched or services provided. If you wish to pay via bank transfer please email us at katy@silverdaisy.co.uk

15. OUR WARRANTY FOR THE PRODUCTS

15.1 We guarantee that Products shall be free from material defects for a period of 12 months from the date of delivery. However, this guarantee does not apply to any defects in the Products arising from:

(a) normal wear and tear;

(b) any alteration or repair by you or by a third party not authorised by us as a repairer;

(d) wilful damage caused by abnormal storage or working conditions, accident, negligence by you or by any third party; and

(e) any specification provided by you.

15.2 This warranty is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described. You can seek legal advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

16. RESIZING

16.1 We offer a resizing service for products sold through www.silverdaisy.co.uk. This is a chargeable service, please contact me at the time for relevant pricing.

16.2 Resizing is dependant on the piece of jewellery. In particular, jewellery with stones, sea glass or special finishes may not be possible to be resized without damaging the piece.

16.3 I offer no guarantee that a piece can be resized, and it may be necessary to replace some or all parts of a jewellery piece in the resizing process.

16.4 I may decline to resize a piece if I do not think that the outcome would be successful.

17.WORKSHOPS AND PARTICIPANT RESPONSIBILITY

17.1 The Company provides jewellery making workshops for educational and recreational purposes only. By booking or attending a workshop, participants acknowledge and agree that:

a) Participation is voluntary and undertaken at the participant’s own risk.

b)The Company may provide tools, equipment, materials, and demonstrations during the workshop. Participants agree to use all tools and equipment safely, responsibly, and in accordance with any instructions provided.

c)The Company shall not be liable for any injury, loss, damage, allergic reaction, or claim arising from participation in the workshop, except where such liability cannot be excluded by law.

d) Participants are responsible for informing the Company in advance of any relevant medical conditions, allergies, or accessibility requirements.

e) The Company reserves the right to refuse participation or remove any participant whose behaviour is unsafe, disruptive, or inappropriate, without refund where reasonable in the circumstances.

f) All workshop content, designs, techniques, materials, and teaching resources remain the intellectual property of the Company unless otherwise stated and may not be reproduced, distributed, or used commercially without prior written consent.

g) Workshop bookings are subject to the Company’s cancellation and refund policy in force at the time of booking - see clause 9.

18. PROVISION OF SERVICES

18.1 We will supply the services to you from the date set out in the order for the period set out in the order.

18.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 23 below for our responsibilities when an Event Outside Our Control happens.

18.3 We will need certain information from you that is necessary for us to provide the services, for example, size requirements, timing. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 20, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

18.4 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 20 but this does not affect your obligation to pay for any invoices we have already sent you.

18.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

19. IF THERE IS A PROBLEM WITH THE SERVICES

19.1 In the unlikely event that you are not happy with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to solve the problem within 14 days.

19.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

19.3 Before we begin to provide the services, you have the following rights to cancel our services:

a) Subject to clause 9, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by emailing us at katy@silverdaisy.co.uk. We will confirm your cancellation in writing to you;

b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;

c) however, if you cancel an order for services and we have already started providing the services by that time, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

19.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.

20. TERMINATION

20.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

20.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.

21. GIFT VOUCHERS

21.1 These terms and conditions apply to all gift vouchers sold or provided by Katy Cook trading as Silver Daisy of 6 St Peter’s Street, St Albans, Hertfordshire, AL1 3LF (“we” or “us”).

21.2 We reserve the right to change these terms and conditions at any time and we will notify you of any such change if your gift voucher has not been redeemed at the date of the change in the terms and conditions. Use of our gift vouchers will be deemed to be acceptance of any revised terms and conditions

21.3 By completing the checkout process you submit an offer to buy the gift voucher and the purchase shall be complete when you receive an email from us to confirm acceptance of your order. We reserve the right to reject any offer to purchase a gift voucher.

21.4 We reserve the right to cancel any gift voucher and to provide a full refund for such voucher, such as when we are required to do so in order to comply with the law or as a result of circumstances beyond our control.

21.5 The value of your gift voucher as set out on the voucher may be redeemed at the checkout on the www.silverdaisy.co.uk website.

21.6 Any gift voucher must be redeemed by the expiry date stated on the gift voucher, or where there is no expiry date stated on the voucher for the period of 12 months from the date of purchase of the gift voucher. If it is not redeemed by the expiry date, the voucher shall expire and it shall no longer be possible to redeem the gift voucher and no refunds shall be made. We shall have no obligation to remind you of the expiry date of the gift voucher.

21.7 The gift voucher cannot be redeemed for cash or against the purchase of another card. Gift vouchers can only be redeemed in relation to products available on this website or workshops.

21.8 You are responsible for the safekeeping of your gift voucher. If you lose the gift voucher or it is stolen or destroyed, we shall not be able to redeem the voucher and shall not provide any refund.

21.9 You may redeem a gift voucher on a product or service of a lower amount than the gift voucher and any balance shall be credited to you in the form of a gift voucher for the unused amount.

21.10 If following the redemption of a gift voucher for a product or service, there is a refund in relation to such product or service, this shall be by way of gift voucher and not by cash. If the total refund is more than the total amount on the gift voucher, then any remaining refund balance will be refunded to the other method of payment used by you, such as debit card, credit card or cash.

21.11 You may not resell any gift vouchers but may gift them to third parties. Promotional codes may not be used when redeeming gift vouchers.

21.12 If you are purchasing a gift voucher as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), you may cancel the contract for the gift voucher and receive a full refund if you notify us of your desire to cancel the contract within 14 days of the date of the purchase of the gift voucher. If the voucher is redeemed within this time period any such cancellation rights shall be lost. You may use the form of cancellation set out in the appendix. Other than as set out in this clause, the purchase of gift vouchers is non-refundable except where we cancel the gift voucher.

21.13 We will collect and process your personal data in relation to your purchase of a gift voucher in accordance with our privacy notice.
21.14 These terms and conditions are governed by and construed in accordance with the laws of England and Wales. We each submit to the exclusive jurisdiction of the English courts.

22. LIMITATION OF LIABILITY

22.1 We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms.

22.2 Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

22.3 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

23. CIRCUMSTANCES BEYOND OUR CONTROL

23.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

23.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, pandemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

23.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

23.4 you will be notified as soon as reasonably possible; and

23.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

23.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights in clause 9.

24. NOTICE

24.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Silver Daisy, 6 St Peter’s street, St Albans, Hertfordshire, AL1 3LF, United Kingdom or katy@silverdaisy.co.uk

24.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

25. MISCELLANEOUS

25.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

25.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

25.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

25.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

25.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

25.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

26. CONTACT US

For any questions or queries you can e-mail us at katy@silverdaisy.co.uk