Terms and Conditions
Last updated: 1 January 2020
Thank you for using House of Benney! Please read these Terms carefully before using the Store and services offered by House of Benney. By accessing and using our Store, you agree to comply with and be bound by these Terms and Conditions.
1.1 Capitalised terms used herein shall have the following meanings:
“Jewellery” means any stock sold by House of Benney through the Store.
“House of Benney” (“we”, “us”, “our”) means House of Benney Limited, a private limited liability company incorporated and registered in England and Wales with company number 11307253, whose registered office is at Benney Studio Inholmes Holt Woodlands St. Mary Hungerford Berkshire RG17 7SX.
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Store” means the website www.houseofbenney.com and any other Platform or application published by House of Benney from time to time on and through which we advertise and sell Jewellery.
“Services” means all the Services provided by House of Benney through the Store.
“Listing” means any specification for the Jewellery that is set out on the Store.
“Terms” shall mean these Terms as amended from time to time.
“User” shall mean any person entering into a transaction to purchase Jewellery using House of Benney’s Services.
1.2 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.4 A reference to writing or written includes emails.
2. ACCEPTANCE OF TERMS OF AGREEMENT
2.1 These Terms constitute a legally binding agreement between the User and House of Benney and shall govern the User’s access to and use of the Store to order Jewellery and all other Services provided by House of Benney via the Store.
2.2 By placing an Order you are offering to purchase a Jewellery on and in accordance with these Terms of Sale. All Orders are dependent on availability and confirmation of the Order price.
2.3 We may revise these Terms from time to time. You should ensure that you review these Terms frequently. Notices of any Material Changes to our Terms will be provided to you by email with sufficient notice prior to the date on which the changes become effective. Your continued access to and/or use of the Store after changes have come into force constitutes acceptance of the revised Terms. “Material Change” as used in this clause shall mean any change made to the Terms that we determine in our sole and absolute discretion (acting reasonably) to be substantial as to effect or impact on Users using our Store.
2.4 If you are acting on behalf of a business, you warrant that you have authority to bind that business to these Terms and to enter into a legally binding agreement on the business’ behalf between the business you represent and House of Benney.
2.7 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms you give your consent to receive communications from us by email.
3. SCOPE OF SERVICES
3.1 House of Benney is an online store that sells Jewellery to Users and provides services associated with the sale of Jewellery.
4. ACCESS TO STORE AND SERVICES
4.1 House of Benney may restrict access to the Store or certain areas or features from times to times when deemed necessary or for maintenance purposes which may temporarily affect the availability and accessibility of the Services.
4.2 House of Benney reserves the right to withdraw or amend the Services provided through the Store without notice. House of Benney will not be liable to any User for any losses, damages or costs arising from any suspension or unavailability of the Services and/or the Store at any time or for any period.
4.3 You understand and agree that a breach of any of the Terms may result in an immediate suspension and/or termination in your use of our Services. House of Benney may also make the access and use of the Store dependent on meeting certain conditions or requirements.
4.4 House of Benney relies on third party service providers to make the Store available to Users. House of Benney shall not be held liable for any losses or costs incurred from delays or failures of the Store as a result of any defect in performance by its service providers.
5.1 House of Benney does not assume any responsibility for the confirmation of any User’s identity but may in its sole and absolute discretion undertake additional checks on a User from time to time, as permitted by applicable laws, to verify the identities of the User.
5.2 To access and use the Store, a User must be at least 18 years old and able to enter into legally binding contracts under applicable law. By accessing the Store, registering an account (“Account”) and making an order through the Store, you represent and warrant that you are 18 years of age or older and can legally enter into an agreement constituted by these Terms.
5.3 You are responsible for complying with all applicable local rules and regulations including, without limitation, rules about the Internet, data, email and privacy.
6. ACCOUNT REGISTRATION
6.1 You must register an Account to access and buy Jewellery through the Store. This is not a credit account and payment will be required if a purchase is made. By registering an Account, you confirm that you have authority to be legally bound to the agreement constituted by these Terms and will comply with these Terms including by granting House of Benney all permissions contemplated by these Terms.
6.2 You agree that all the information provided by you is true, accurate, current and complete and you undertake be kept such information up-to-date at all times.
6.3 You undertake to treat any information provided to you or chosen by you as part of our security procedures including passwords or other account details as confidential and undertake not to disclose it to any third party. You acknowledge and agree that you are responsible for maintaining the confidentiality and security of your account.
6.4 You are liable for all activities that occur or are authorised using your password and/or Account details. If you suspect unauthorised use of your Account or if your credentials have been lost or stolen, it is your responsibility to notify House of Benney immediately.
6.5 We may suspend or cancel your Account or require you to change your password if we have any reason to believe that there has been a breach of security or misuse of the Store.
7.1 House of Benney uses third party payment providers to process all payments made via the Platform.
7.2 Our payment provider is Wix Payments provided by provided by Adyen N.V., its affiliates, and financial institution partners. For more information, visit https://www.wix.com/about/eu-payment
7.3 By signing up to the Store, you agree to be bound by the Terms and Conditions of Wix Payments which can be found at https://www.wix.com/about/eu-payment
7.4 In order to process your payment, you will be asked to provide customary billing information such as name, billing address and financial instrument information. It is your responsibility to provide accurate, current and complete information when adding a payment method (“Payment Method”). House of Benney does not receive any credit or debit information. This information is held by Ayden N.V. and its affiliates.
7.5 You may edit your billing information and Payment Method by logging onto our Store and editing your billing information in your account settings. If a transaction is not successfully settled due to expiration, insufficient funds or any other reasons, you are responsible for any uncollected amounts and authorise us to collect the unsettled amount using any other Payment Methods you have provided including in the event you create a new Account. House of Benney reserves the right to terminate your Account if you do not settle any unpaid amounts.
7.6 Upon authorisation of a transaction, the full amount of the transaction will automatically be debited from the User’s account. Users may also be offered the ability to make payment in installments at House of Benney’s sole and absolute discretion. House of Benney reserves the right to offer or withdraw any Payment Method at any time.
7.7 In the event a User who has purchased a Jewellery does not collect the Jewellery or request delivery and/or the User refuses the Jewellery upon collection for reasons other than the Jewellery being damaged, the amount paid for the Jewellery may be refunded at House of Benney’s sole and absolute discretion net of any costs incurred to process the Contract.
7.8 House of Benney will not be responsible for any transaction not made through the Store.
7.9 Our prices may change at any time. If we discover that the price for a Jewellery has changed or that there has been a pricing error when we receive your order we will contact you and ask if you wish to proceed at the correct price.
7.10 It is always possible that, despite our best efforts, some of the Jewellery we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Jewellery correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Jewellery correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
7.11 All prices quoted for Jewellery are inclusive of VAT (if any) in the UK and the EU.
8. PURCHASING JEWELLERY FROM THE STORE
8.1 Every effort is made to ensure that photographs of each Jewellery and information provided in its Listing on the Store are as accurate as possible. However, please note that all sizes, weights, textures, dimensions and measurements are for information purposes only.
8.2 Once an order for a Jewellery is placed, the User will receive a confirmation email to signify the acceptance of the order by us and the creation of the Contract between the two parties. The order cannot be withdrawn and/or cancelled by the User once the Contract has come into effect.
8.3 If we are unable to fulfil your order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your order to you.
8.4 If you wish to make a change to the Jewellery you have ordered please contact us. We will let you know if the change is possible. Unfortunately, if we have already processed your order we may be unable to change your Order, although you will still have the rights to cancel described below.
9. ENGRAVING AND TAILOR-MADE REQUESTS
9.1 We are unable to process any engraving request or gift card messages containing profanities or inappropriate language. Where possible, we will contact you to seek an alternative engraving or gift message and we will do this before we send you the second confirmatory email in respect of your Order.
9.2 You do not have any right to (a) cancel your Agreement for supply of any Jewellery, (b) refund and/or (c) exchange any Jewellery that have been engraved or otherwise made to your bespoke specifications (unless such Jewellery were damaged, defective or faulty when delivered to you or have been incorrectly delivered).
10.1 House of Benney uses third party shipping handlers to process all deliveries made via the Store. We aim to deliver your order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.
10.2 By signing up to the Store, you agree to be bound by the Terms and Conditions of third party shipping handlers provided through the Store.
10.3 The delivery will be made to the address provided by the User at checkout. The User is responsible for ensuring that delivery details are accurate and complete. Incorrect details may delay delivery and House of Benney will not be held responsible for any delays.
10.4 The User is responsible for making suitable arrangements to receive their delivery and giving the shipping providers appropriate instructions. In the event that a delivery is stolen or damaged as a result of incorrect instructions provided by the User to the shipping providers, House of Benney accepts no liability whatsoever. Any compensation offered will be at House of Benney’s sole and absolute discretion.
10.5 If the delivery option is selected at checkout, the total selling price of the Jewellery will include delivery charges. The User will receive an email when their Jewellery has been dispatched.
10.6 Delivery costs are calculated by our contracted third party shipping handlers and may vary based on different factors including the value of the Jewellery, the User’s address, date and time of delivery. The delivery charge will be shown to the User as a separate charge on the confirmation page before the User confirms their order.
10.7 Although House of Benney may facilitate the fulfillment of the delivery of the Jewellery purchased through the Store, House of Benney is not a party to any contractual relationship or transactions between third party delivery handlers and Users. House of Benney will not accept liability for any inconvenience or loss caused by any delays or damages during transit.
10.8 Ownership of the Product(s) will pass to you on delivery.
11. CANCELLATIONS, RETURNS AND REFUNDS
11.1 Users have the right to return a Jewellery at any time until the expiry of the 30th working day after the date the Jewellery is received on condition that the Jewellery is undamaged and was not created specifically for (“tailored for”) the User.
11.2 To exercise their right to cancel, Users must inform House of Benney by email of their desire to return the Jewellery and return the Jewellery at your own cost at any time within the period stated in clause 11.1. A return confirmation email will be sent with the address where the Jewellery should be returned.
11.3 A full refund will only be processed if the Jewellery is returned to us in its original condition and packaging. Returns will be arranged by us at your cost and a refund will be processed without undue delay and no later than 14 days after receipt of the returned Jewellery by us.
11.4 We will make the reimbursement using the same means of payment as you used for the initial payment unless expressly agreed otherwise. Delivery charges for shipping contracted to third party shipping providers may not be refunded.
11.5 You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund and/or (c) exchange any Jewellery that have been engraved or otherwise made to your bespoke specifications (unless such Jewellery were damaged, defective or faulty when delivered to you or have been incorrectly delivered).
11.6 For exchanges, if the value of the new Jewellery exceeds the original value of the Jewellery, you will be required to pay the difference. Should the value of the new Jewellery be lower than the original value, the difference will be credited to the credit or debit card originally used for the order.
12. DAMAGE TO THE JEWELLERY WHILE IN TRANSIT
12.1 Although we will make every effort to ensure the delivery of Jewellery in their original condition, damages and unforeseen incidents may occur at any time during transit.
12.2 Except for any specific warranties we offer in relation to any particular Jewellery as stated in clause 13 or consumer guarantees under law, we do not offer any warranty or guarantee on our Jewellery.
12.3 Users are responsible for inspecting the Jewellery as soon as possible after delivery and immediately notify us in the event of damages made to the Jewellery while in transit. We will assess your claim and if your claim is deemed genuine, we will process a full refund. The Jewellery must be returned to us in its original packaging before we can issue the refund. By claiming a refund for damages you confirm that you have not worn or used and damaged the Jewellery.
12.4 House of Benney is not responsible for damages made after the transfer of ownership to the User in cases where it is deemed that the damage is a result of your own fault while wearing or using the Jewellery.
13. LIFETIME REPAIR SERVICE AND 1-YEAR WARRANTY ON DEFECTIVE PRODUCTS
13.1 Without limiting your statutory rights, all Jewellery is covered by a one year warranty against manufacturing defects from the date of purchase. During that one year, House of Benney will repair any manufacturing defects with a Jewellery free of charge on receipt of valid proof of purchase.
13.2 Without limiting your statutory rights, on presentation of the Jewellery without Proof of Purchase, we are happy to offer you a repair for a fee agreed between us and the User prior to the work being carried out.
13.3 Without limiting your statutory rights, for Jewellery purchased more than one year ago, we are happy to offer you a repair for a fee agreed between us and the User prior to the work being carried out.
14. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
14.1 The entire content of the Site, including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name 'House of Benney', is the sole property of House of Benney and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Store nor may you use any such content in connection with any business or commercial enterprise.
15. THIRD PARTY LINKS
15.1 House of Benney is not responsible or liable for the availability or accuracy of any links to third party services including shipping service providers which may be subject to different terms and conditions and privacy practices. House of Benney has no control over the nature, content and availability of these services and the inclusion of any links does not necessarily imply a recommendation.
16. LIMITATION OF LIABILITY, DISCLAIMER & WAIVER
16.1 You acknowledge that the services are provided “as is” and “as available” and your use of our services, our Store, any purchases made on the Store is at your sole risk to the maximum extent permitted under applicable law. The maximum total liability to you in connection with House of Benney's services for all damages, losses or in any other circumstances shall not exceed £1,000.
16.2 House of Benney does not assume any liability to you or any third party or make any warranties of any kind, express or implied, direct or indirect, arising out of, in connection with or with respect to our services and Store or any associated services except for liability that cannot be excluded under applicable law. House of Benney shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty or arising under or in connection with the contract, for any losses including loss of profits, damages, injury or failure in performance resulting from causes beyond our control. House of Benney makes no guarantee regarding the availability of the services and that the services will be uninterrupted or error-free.
16.3 Unless expressly stated in these Terms, you agree that House of Benney has no responsibility or liability to you related to any purchases, logistics or delivery provided to you by third party providers nor the quality, suitability, safety or ability of those third party services.
16.4 You agree to indemnify and hold House of Benney and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses arising out or in connection with the use of our services and Store.
16.5 Failure from us to enforce any rights or provisions to which we are entitled to under the Terms does not constitute a waiver of such rights and you shall not assumed to be relieved from compliance with such obligations. No waiver by us of any of the Terms unless expressely stated and agreed in writing shall be effective.
16.6 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 this 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.
16.7 Nothing in these Terms of Sale will limit our liability for:
death or personal injury caused as a result of our negligence; or
or breach of your legal rights in relation to the Product(s) including the right to receive Product(s) which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
16.8 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 any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. APPLICABLE LAW
17.1 These Terms, your use of the Store and any other non-contractual obligations, dispute or claims arising out or in connection with these Terms shall be governed by and subject to the laws of England and Wales.
17.2 Any dispute or claim in relation to or arising from these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
17.3 We will try and solve any disagreements quickly, fairly and efficiently. However, if you are not happy with the way that we deal with any disagreement and you want to begin court proceedings, you must do this within the United Kingdom.
18.1 You may terminate this Agreement at any time by notifying House of Benney. Any pending orders you may have will be automatically cancelled and you may apply for a refund. Any refund claim will be assessed on a case-by-case basis according to our cancellation policy.
18.2 Provided that sufficient notice has been given, House of Benney may terminate this Agreement at any time.
18.3 If you have breached any obligations under these Terms, House of Benney reserves the right to terminate this Agreement without further notice. In case of a breach of this Agreement, you may not be entitled to a refund on any pending orders.
19.1 If any of the Terms shall be determined by any competent authority to be void, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms and will not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.
20. COMMENTS & FEEDBACK
20.1 We love to hear from you and your experience of using our Services. If you would like to get in touch, email us at firstname.lastname@example.org. By sending us your feedback or any submissions on the Store, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable license to use and publish such content without compensation to you.