Terms And Conditions

1 These Terms

1.1 What these Terms Cover: These Terms contains the terms and conditions on which we supply the Products to you.

1.2 Please read these Terms carefully before you accept these Terms by ordering Products from us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end these Terms, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above).

1.3 How to tell us about problems: If you have any questions or complaints about the Products, please contact us to discuss (using our contact details above). You can telephone our customer service team on or write to us by email.

2 Introduction

(a) Abelini Limited, a company registered in England and Wales, with company registration number 10863786 (we, our or us) sells jewellery through its website https://www.abelini.com/ (Site), showrooms and directly with clients. These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through our Site or any order form provided by us to you (Order Form).

(b) You accept these Terms by placing an order via an Order Form.

3 Use of the Site

(a) You must not use the Site and/or place an order for Products through an Order From unless you are at least 18 years old.

(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

4 Accounts

(a) You may purchase the Products from us without an account or you may choose to create an account with us which allows you to review your order history and save your wish list.

(b) You must ensure that any personal data you give to us when creating an account is accurate and up-to-date. All personal data that you give to us will be treated in accordance with our privacy notice. You can find our privacy notice at www.abelini.com/privacy-policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

5 Orders

(a) You may order Products from us as set out on the Site or in an Order Form. If you place an order for Products on our Order Form, you are making an order to purchase the Product(s) for the price listed on the Order From (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Order Form.

(d) When you order and pay through the Order Form and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(e) All purchases made through an Order Form are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including, and without limiting your right to terminate these Terms under clause 9(e), where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

6 Price and payments

(a) You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Order Form (the Price) in accordance with this clause 7. All amounts are stated in pounds, being the currency of the United Kingdom from time to time, and are inclusive of value added tax (or any equivalent tax in the United Kingdom) (VAT), (where applicable).

(b)You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(c)The payment methods we offer are set out on the Order Form. We may offer payment through a third-party provider for example, PayPal, Amazon and V12 Retail Finance. You acknowledge and agree that we have no control over the actions of our third-party providers, and your use of any third-party payment method may be subject to additional terms and conditions.

(d)We do not store any credit card details, and all payment information is collected and stored through our third-party payment processors.

(e)Where you order the Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price.

7 Supply of the Products

(a) In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b) We warrant to you that the Products will be provided using reasonable care and skill.

(c) Sample Products: We offer try-on samples, which are customised, made to order, sample replicas of the jewellery you are interested in, for you to try on, before you decide to buy actual real jewellery (Sample Products). The materials used in Sample Products are not the same quality as actual real jewellery we offer, and are intended to give you the opportunity to try on something similar to an actual piece of jewellery before you invest in the real jewellery. By ordering Sample Products, you acknowledge and agree that there will be some differences in the appearance, dimensions and feel of the Sample Product compared to our real jewellery products. This includes that the shine, size, colour, feel and brilliance of Sample Products may differ from our real jewellery products as they are made from different materials.

8 Our right to make changes to the Products

We may change the Products to reflect changes in relevant laws and regulatory requirements, which may result in changes to the packaging of the Products).

9 Delivery, title and risk

(a)Where possible, we will deliver the Products to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area, in which case, we will let you know).

(b) When you make an Order, we will provide you with an estimated delivery date (bearing in mind that where your Order is customised, it make take us some time to get your Order ready) and we will deliver the Products to you as soon as reasonably possible and will contact you if there are any changes to the estimated delivery date;

(c) This clause 9(c) applies if the Products are goods. If:

(1) we have refused to deliver the relevant Products;

(2) delivery within the delivery period in clause 9(b) was essential (taking into account all the relevant circumstances); or

(3) you told us before we accepted the order that delivery within the delivery deadline was essential, then you may treat these Terms as at an end and terminate them.

(d) If you need to change the delivery day or delivery address, please notify us immediately in writing.

(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

10 Goodwill Guarantee and Manufacturing Warranty

(a) Goodwill Guarantee: Please note, these Terms reflect the goodwill guarantee offered by us to our customers, which is more generous than any UK residents’ legal rights under the Consumer Contracts Regulations 2013, as set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 12):

You must provide us with the Product in its original packaging and with any accompanying certificates.

(b) When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

(1) any pierced jewellery where the seal has been tampered with or is broken (for hygiene reasons);

(2) any Products that have been engraved, embossed or personalised;

(3) any Products that have been worn (beyond just trying the Product on) or are not in the same resalable condition that we provided them to you in.

(c) Manufacturing Warranty: We pride ourselves on supplying superior jewellery that is skilfully and carefully crafted and as such provide a Manufacturing Warranty on our Products. You can find more details on our Manufacturing Warranty that we provide here.

(d) Resizing Policy: We offer one free resizing within 60days after receiving the ring as long as the ring is in an unworn and pristine condition as described in general return policy. Excempt are:

(1) any Products that have been engraved, embossed or personalised;

(2) any Products that have been worn (beyond just trying the Product on) or are not in the same resalable condition that we provided them to you in.

(3) any rings which have been resized or altered prior.

11 Returning Products to us

(a) Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us. If you are exercising your right to change your mind under clause 10, you must send off the Products to us within 14 days of telling us you wish to cancel these Terms.

(b) Costs of return: We do not cover the cost of returns for customers outside of the United Kingdom. We will pay the costs of return for customers in the United Kingdom:

(1) if the Products are faulty or misdescribed;

(2) if you are ending these Terms because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(3) if you are exercising your right to change your mind during the Goodwill Guarantee, provided you email us at [email protected] setting out that you would like to return the Product to us and follow the process we provide to you.

(c) Deductions from refunds if you are exercising your right to change your mind:

(1) we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(2) where you elect to return the Products using a more expensive form of delivery (for example a courier) than we typically use.

(d) When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 10 then your refund will be made within 14 days from the day on which we receive the relevant Products back from you.

(e) Product exempt of return:

(1) If the product is a bespoke order or is personalised, engraved or altered.

(2) If there is any 3rd party work done on the product

(3) If it a Sample order

12 Problems with the Products

We are under a legal duty to supply Products that are in conformity with these Terms. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Nothing in these Terms limits any rights you may have under the Consumer Rights Act 2015.

13 Limitations on and exclusions to our liability

(a) Neither Party may benefit from the limitations and exclusions set out in this clause 13 in respect of any liability arising from its deliberate default.

(b) The restrictions on liability in this clause 13 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(c) Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:

(1) death or personal injury caused by negligence;

(2) fraud or fraudulent misrepresentation;

(3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(4) defective products under the Consumer Protection Act 1987.

(d) Subject to clauses 13(a) (no limitation in respect of deliberate default) and 13(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1) we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and

(2) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.

(e) Subject to clauses 13(a) (no limitation in respect of deliberate default and 13(c) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with this Agreement, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Agreement.

(f) We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

(g) Without limiting your right to cancel these Terms under clause 14, but despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

14 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

(1) copy, in whole or in part, any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

15 Competitions and Discount Codes

(a) Discounts and sales: We may from time-to-time run promotions, including offering discounts or sales on our website, and issuing promotional discount codes for use on the Platform. The terms and conditions of any discounts or sales on our website will be set out in the promotion or on our website (including the dates and exclusions of the promotion). Where you put a Product in your cart and the promotion ends prior to you making the purchase, the price will revert to the original price.

(b) Promotional codes: Where you are issued with a promotion discount code, you must enter the promotion discount code at the time of submitting your order, to claim the discount. Only one promotion code can be used per order and it may not be used in conjunction with any other discounts or promotional codes or offers. Promotion codes do not have a monetary value and cannot be sold or redeemed for cash and are non-transferable. Unredeemed promotion codes will only be valid for the validity period made known to you at the time of providing the promotion code and cannot be used after the date of expiration. It is your responsibility to keep track of the expiration date. Failure to use the promotion code according to these Terms, including but not limited to, publication or selling of the promotion code or obtaining the promotion code through an unauthorised channel, is prohibited and may constitute fraud. A promotion code will not be accepted if the code is invalid or does not match the code on our system. If we become aware, or have reason to suspect, that you are fraudulently obtaining or misusing promotion codes and/or have breached these Terms, we may cancel all orders made by you using the promotion code. Our decision is final in all matters relating to a promotion code offer. Further conditions of use relating to promotional discount codes may be set out on our website or made available to you at the time of providing you with the promotional discount code.

(c) Competitions: We may also from time to time run competitions. These competitions are subject to terms and conditions which will be made available at the time of the competition

(d) Free gifts: From time-to-time, we may offer free gifts alongside Products you order as part of a promotion. Free gifts cannot be exchanged or returned for a refund and cannot be substituted for any other item, cash or credit. If a Product(s) from your order is returned, then the free gift must also be returned. Free gifts cannot be substituted for any other item, cash or credit and placing multiple orders or orders for multiple items does not entitle you to more than one free gift. Free gift promotions may be subject to further terms and conditions made available to you at the time of the promotion.

(e) Price match guarantee: This is only valid for the exact same product specifications and proof of price needs to be given ( in form of images, screenshot). The price match is not valid for our own Website as prices and discounts vary on the time and date and are not predictable. Price matches on one product can only be used once.

16 General

(a) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(b) Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

(c) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(f) Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(h) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the United Kingdom and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(i) Third party Sites: The Site or an Order Form may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site or an Order Form, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.