Terms and Conditions
- Kirstie Le Marque Limited
- Company Number 12554439
- Registered Company Address - C/O Elco Accounting, 24 Church Street, Rickmansworth, Herts, UK, WD3 1DD
- Postal Address - Manger House, 62a Highgate Yard, Highgate High Street, N6 5HX
- V.A.T Number 316697376
These Terms and Conditions (“Terms”) tell you, the customer, information about us, how to use our website (www.kirstielemarque.com) and outlines the legal terms and conditions on which we provide our goods and services to you.
This website is operated by Kirstie Le Marque Limited. Throughout these Terms, “we”, “us” and “our” refer to Kirstie Le Marque Limited. Kirstie Le Marque Limited offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms apply to all users of the website. By visiting our website and/or purchasing something from us, you agree to be bound by these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Our online store is hosted on Shopify. Shopify provides us with the online e-commerce platform that allows us to sell our goods and services to you. Any new features or tools which may be added to the current store shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms at any time 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.
2. Terms and Conditions
These Terms apply to all orders and any contract between Kirstie Le Marque and you, the customer, for the supply of goods, services, or goods and services. Please read these Terms carefully and make sure that you understand them before placing an order with us, whether you place that order through our website or via email. If you do not agree with any of these Terms, you must not buy goods or services from our website. By placing an order with us, you are accepting these Terms.
Our website very simply guides you through the processes needed in order to place an order with us. Throughout this process, you have the ability to amend, delete or change the number of pieces you’d like to order. Please carefully check through your basket before finalising any orders.
After placing an order for goods, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the item in question for the price advertised on our website. All orders are subject to acceptance by us and we will confirm this acceptance to you by sending you an email that confirms that the goods have been dispatched (the "Dispatch Confirmation"). The contract between you and us will only be formed when we send you the Dispatch Confirmation.
Details of our services and indicative prices are set out on our website. Please email us on firstname.lastname@example.org if you wish to request services from us, including full details of what you require. We will let you know if we are able to assist, and the cost for the services requested. If you order services from us, the contract between you and us will be formed when we begin to perform the services ordered.
Please note that we inspect any jewellery or other items which you provide to us. We may refuse to perform the requested services if we believe that such services may damage or otherwise detrimentally affect the items which you have provided. In these cases, we will refund the cost of the services (if such costs have already been paid) and return the items to you at your cost.
3. Consumer Rights
As a consumer, you have the right to cancel your order within 28 days of delivery (in the case of goods) or 14 days of us accepting your order (in the case of services) and receive a refund. The statutory period during which you can change your mind and return goods which are not damaged or faulty and receive a refund is 14 days, however, we have chosen to extend this period to 28 days. If your order is for goods, you must return the goods to us at your cost. The goods must be unused and in their original packaging. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. In these cases, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods 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.
If your order is for services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you informed us that you wished to cancel your order. The amount will be in proportion to what has been supplied, in comparison with the full cost of the services ordered.
These cancellation rights do not apply to services which have been completed, or to bespoke items such as engraved pieces.
You also have rights if the goods supplied are faulty or misdescribed, or the services provided have not been carried out properly. Please contact our customer services team on email@example.com with your name, order number and the nature of the issue. We offer free returns on faulty goods. We also offer a limited 12-month warranty on our jewellery items (commencing of the date of despatch) and will repair these items free of charge within this 12-month period (“Warranty”) if they are faulty in some way. This Warranty does not apply to reasonable wear and tear or if we reasonably believe that the items have been damaged due to your failure to take reasonable care of them. If your items require repair after the Warranty period has expired, we also offer a repair service. Please contact us on firstname.lastname@example.org for further details.
Please return all goods to KLM Returns, Manger House, 62a Highgate Yard, Highgate High Street, N6 5HX including your name and order number.
Please note that all returned pieces will be assessed by our team on an individual basis.
If the goods are out of stock or are no longer available we will inform you via email. If you have already paid for the goods, we will refund you (including any delivery costs paid) as soon as possible.
If the goods that you receive are not what you ordered, or if we have delivered the incorrect quantity, please contact us as soon as possible.
If you have ordered goods we will deliver them to you as soon as reasonably possible and in any event, if you are based in the UK, within 30 days after the day on which we accept your order. If we are unable to deliver within this period we will contact you to agree a delivery date. If you have pre-ordered goods they will be sent to you once they are in stock. Please note that the lead time on some goods can range from 1-6 weeks.
Please note that deliveries outside of the UK may be subject to duties and customs fees of which we are not aware and over which we have no control. These duties and fees are not calculated at checkout and we accept no liability for them. You are responsible for the payment of these duties and fees. Please contact your local customs office to determine any fees which may be payable prior to placing your order.
You become responsible for the goods from the time we deliver the goods to the address you gave us. You own the goods once we have received payment in full.
The price of our services will be as indicated to you after you have contacted us providing details of your requirements and includes VAT at the applicable current rate in the UK.
The price of our goods will be quoted on our website at the time you submit your order and includes VAT at the applicable current rate in the UK. If the rate changes between the date of your order and the date of delivery, we will adjust the VAT that you pay, unless you have already paid for the goods in full before the VAT change takes place.
There may be occasions when some of the goods on the website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not process your order unless we have received your instructions to do so. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious and could have reasonably been recognised by you as mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
The prices of our goods on the website do not include delivery costs. Delivery costs are laid out for the customer in full at the checkout, before you confirm your order. For more information on delivery charges, please refer to our shipping and returns page.
6. Your account
If you set up an account on our website, and you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Please note that whilst every effort is taken to ensure that goods are properly represented on our website, some pieces may appear smaller or larger than the actual goods. Images are for illustrative purposes only and some colours may appear slightly differently than the goods’ true colours due to a device’s screen defaults or photography techniques (such as lighting).
Payments for goods on kirstielemarque.com are processed via secure Shopify payments. We assume no liability whatsoever for the availability and functionality of this service. We assume no liability for any financial loss caused by the use of Shopify’s payment service. Shopify accepts all major credit cards (Visa, MasterCard, AMEX), and payment using PayPal or Klarna. Payment is taken as soon as your order for goods has been placed (or in the case of services, before we start performing the services) in anticipation of us accepting your order. If you have ordered a bespoke item or have purchased a pre-order item, then payment will also be taken at the time of ordering. Where you choose to pay using Klarna, Klarna will provide you with specific payment terms over which we have no control and for which we accept no responsibility. For further information regarding payments using Klarna, please visit Klarna’s website or contact Klarna’s customer service. In the case of services, we will provide you with a PayPal invoice which you must pay before we start performing the services.
9. Our responsibility for loss or damage suffered by you
If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive goods which are: as described and which match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective goods under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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.
10. Your enquiries and concerns
If you have any direct enquiries, concerns or feedback, please email us on firstname.lastname@example.org
11. Our contact with you
Any contact with you regarding any order will be given to you via our email address email@example.com. Our contact with you will be deemed received and properly served 24 hours after it has been sent by us. If we needed to prove that we got in contact with you, it is sufficient to prove that the email was sent to you via any of the email addresses above.
12. Customer Service
If you need to check the status or an order or verify a shipment, please contact us on firstname.lastname@example.org where we will endeavour to get back to you within 48 hours of receiving your email. If you have any complaints, please also contact us on email@example.com.
13. Copyright and Trademark
All materials on our website are protected by copyright laws and treaties around the world. All of these materials are owned by Kirstie Le Marque or our licensors. All such rights are reserved. These materials include, but are not limited to, the photographs, images, illustrations, text, copy, video clips, audio clips, designs, logos, and other materials on the website.
You are therefore expressly prohibited from copying, editing, transmitting or uploading any of these materials or incorporating these materials into any other materials. You are also prohibited from removing, modifying, altering or using any registered or unregistered trade marks which appear on our website.
During our Black Friday sale weekend, Kirstie Le Marque have the right to set the price of goods at a marked down price. A reduction in the price of an item after your purchase does not entitle you to a refund.
15. Other Important Terms
We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
The contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the goods and services in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.