Terms & Conditions
These terms were last updated on 1 April 2023
Where to find information about us and our products
You can find everything you need to know about us, Bolivar Jewelry, and our products on
our website, in our catalogue or from our sales staff before you order. We also confirm
the key information to you in writing after you order by email.
These terms do not apply to business customers
If you are interested in stocking Bolivar Jewellery then please get in touch using our
Contact Form.
Please note that separate terms and conditions apply to trade sales.
When you buy from us you are agreeing that:
· We only accept orders when we’ve checked them.
· Sometimes we reject orders.
· We charge you when you order.
· We charge interest on late payments.
· We’re not responsible for delays outside our control.
· Products can vary slightly from their pictures.
· You’re responsible for making sure your measurements are accurate.
· We charge you if you don’t give us information we need [or do preparatory work as
agreed with us]
· You have a legal right to change your mind.
· You can end an on-going contract (find out how).
· You have rights if there is something wrong with your product.
· We can change products and these terms.
· We can suspend supply (and you have rights if we do).
· We can withdraw products.
· We can end our contract with you.
· We don’t compensate you for all losses caused by us or our products.
· We use your personal data as set out in our Privacy Notice.
· You have several options for resolving disputes with us.
· Other important terms apply to our contract.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and then we contact you again to confirm we’ve accepted it.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of
stock or because the product was mispriced by us. When this happens, we let you know
as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some products we take payment at regular intervals, as explained to you
during the order process. If your product is goods, you will own it once we have received
payment in full.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as,
industrial action or delays in hallmarking, we will contact you as soon as possible to let
you know and do what we can to reduce the delay. As long as we do this, we won’t
compensate you for the delay, but if the delay is likely to be substantial you can contact
our Customer Service Teamvia the contact form to end the contract
and receive a refund for any products you have paid for in advance, but not received,
less reasonable costs we have already incurred.
We’re not responsible for international customs duties and taxes
International shipping costs will be added at checkout. If your country is not on the list
provided then please contact us directly through the contact form and we will be happy to
help arrange shipping.
International orders may be subject to customs or import duties and tax charges once
they reach their destination country outside of the UK. We do not cover such costs and
you will be responsible for paying any import charges that may be added.
As customs vary from country to country, unfortunately we can’t advise on these
charges, and would recommend you contact your local customs office for more
information before placing your order. If you refuse to pay any applicable import fees or
costs preventing delivery of your order then we will deduct any costs incurred in returning
the goods to us from the amount of your refund.
Products can vary slightly from their pictures
A product’s true colour may not exactly match that shown on your device or in our
marketing or its packaging may be slightly different. Because our products are
handmade, all sizes, weights, capacities, dimensions and measurements indicated on
our website can be out by a small amount. In particular, products with tanned salmon
leather are made as individual pieces and are not identical to the images provided. It is
the small imperfections and differences between these pieces that gives our items their
unique character.
You’re responsible for making sure your measurements are accurate
If we’re making or supplying the product to measurements you provide, you’re
responsible for making sure those measurements are correct. Find information and tips
on how to measure on our website and in our brochure or contact our Customer
Service Team via the contact form.
Our returns policy
We will always do our best to ensure you are satisfied with your purchase. In the unlikely
event that you receive the incorrect item or an item that has been damaged in transit, or
if you are not entirely happy with your purchase, please then please contact us to
arrange a refund or exchange for the correct or replacement item within 30 days of
receipt.
We will only issue a refund or exchange once we have received your returned item in its
original condition and packaging.
Please note that bespoke or custom-made orders cannot be refunded nor can earrings
or other piercings due to hygiene reasons. All returns (including international returns)
must be sent using a tracked and insured delivery or courier service, such as Royal Mail
Special Delivery.
If you wish to discuss a refund or exchange please use the contact form.
When you can’t change your mind.
You can’t change your mind about an order for:
· earrings or any other piercing products for health protection and hygiene purposes;
· goods that are made to your specifications or are clearly personalised; and
· goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind.
If you change your mind about a product you must let us know no later than 30 days after the day we deliver your product.
How to let us know. To let us know you want to change your mind, contact us by filling the online form.
You have to return the product at your own cost.
You have to return it [(and any free gifts provided with it)] to us within 30 days of your telling us you have changed your mind. Any shipping costs involved in returns and exchanges are at your own cost, unless we offered free returns when you bought the goods.
Used or damaged products cannot be returned.
We do not accept returns of any items that have been damaged or show any visible signs of use.
Products must be returned using an established delivery service.
If you do this you should keep a receipt or other evidence from the delivery service that proves you have
sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price.
We only refund standard delivery costs.
If a refund of your order is due then we will only refund standard delivery costs and won’t refund any extra you have paid for express delivery or delivery at a particular time.
You have to pay for services you received before you change your mind.
If you requested a bespoke item involving additional design, production or specialist sourcing work then we don’t refund you for the loss of time or costs incurred before you’d changed your mind.
When and how we refund you.
We refund you within 14 days of receiving them back from you. We refund you by the method you used for payment. We don’t charge a fee for the refund.
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, please contact us using the Contact Form.
Your rights and remedies. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
Your legal rights are summarised below.
These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Remember too that you have several options for resolving disputes with us.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights may entitle you to the following:
· Up to 30 days: if your goods are faulty, then you can get a refund.
· Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full
refund, in most cases.
· Up to six years: if your goods do not last a reasonable length of time you may be entitled
to some money back.
We can change products and these terms
Changes we can always make.
We can always change a product:
· to reflect changes in relevant laws and regulatory requirements;
· to make minor technical adjustments and improvements
We can suspend the supply of a product.
We do this to:
· deal with technical problems or make minor technical changes;
· update the product to reflect changes in relevant laws and regulatory requirements; or
· make changes to the product (see We can change products and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact
you in advance to tell you we’re suspending supply, unless the problem is urgent or an
emergency.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
· you don’t provide accurate sizing information; or
· you don’t, within a reasonable time, either allow us to deliver the product to you
including where you fail to pay any customs or taxes due on international orders.
We don’t compensate you for all losses caused by us or our products
Our liability to consumers. We’re responsible for losses you suffer caused by us
breaking this contract unless the loss is:
· Unexpected. It was not obvious that it would happen and nothing you said to us
before we accepted your order meant we should have expected it (so, in the law, the
loss was unforeseeable).
· Caused by a delaying event outside our control. As long as we have taken the
steps set out in the section. We’re not responsible for delays outside our control.
· Avoidable. Something you could have avoided by taking reasonable action. For
example, damage to your own digital content or device, which was caused by digital
content we supplied and which you could have avoided by following our advice to
apply a free update or by correctly following the installation instructions or having the
minimum system requirements advised by us.
Losses we never limit or exclude.
Nothing in these terms shall limit or exclude our
liability for:
· death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors (as applicable);
· fraud or fraudulent misrepresentation;
· breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2
of the Supply of Goods and Services Act 1982; [or]
· defective products under the Consumer Protection Act 1987[; or]
· [any matter in respect of which it would be unlawful for us to exclude or restrict
liability].
No implied terms about goods.
We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice.
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team via the contact form will do their best to resolve any problems you have with us or our products as per our Complaints policy.
Resolving disputes without going to court.
Alternative dispute resolution is an optional process where an independent body considers the facts of a
dispute and seeks to resolve it, without you having to go to court.
You can go to court.
These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. [We’ll tell you in writing if this happens and [if you are a consumer] we’ll ensure that the transfer won’t affect your rights under the contract OR We’ll contact you to let you know if we plan to do this. If you’re [a consumer and you’re] unhappy with the transfer you can contact our Customer Service Team to end the contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided]. You can only transfer your contract with us to someone else if we agree to this. However, you can transfer our consumer guarantee (as explained in Our goodwill guarantee) to a new owner of the
product. We can require the new owner to prove you transferred the product to them [If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.]
Nobody else has any rights under this contract.
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on
ending or changing it. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later.
We might not immediately chase you for not doing something (like paying) or for doing something
you’re not allowed to, but that doesn’t mean we can’t do it later.
Privacy Policy
At Bolivar Jewellery we value your privacy. This privacy policy is to help you understand how Bolivar Jewellery uses and protects your personal data. If you ever have any questions about this Policy or how we use your personal data, then you can always contact us using the information provided below.
About this Policy
We have developed this Policy to inform all our customers, business partners, suppliers, service providers and other third parties that we interact with in the course of providing our products and services, as well as our website users whose information we collect as a result of navigating or interacting with us through the site about how we collect and use personal information.
We’ll do our best to be transparent about how we use your data and to give you the best information possible. To help us do that we reserve the right to change this Policy or create additional policies to take account of changed circumstances or new legal requirements. Since we might need to do that in the future, we ask that you check back here on a regular basis and read this Policy together with any other privacy policies or notices that we have provided to you. If we make any substantive changes to the terms of this Policy, then we will let you know.
The kinds of data we collect
When you visit the site or communicate with us in the ways described above, then we’ll collect and us the following types of your personal data:
• Identity Data: your first and last names.
• Contact Data: your personal telephone number, address and email address.
• Business Contact Data: where you are a business partner, supplier, or service provider your business telephone number, email address, role, employer and work location.
• Enquiry Data: the nature of any enquiries you submit via the website or otherwise.
• Transaction Data: your financial institution, payment card details and vehicle financing arrangements.
• Purchase History Data: information about products and services that you’ve received in the past an any repairs or returns.
• Usage Data: information about how you use and interact with the site, such as the length of time spent on each page.
• Marketing Data: your preferences for receiving product updates, newsletters and other marketing communications from us.
Why we process your data and our lawful basis
We collect and process your data for different reasons in different circumstances. In addition, we’ll only collect and process your data where we have a legal basis for doing so. Our purposes and legal basis for using each type of data are set out in the table below:
Who we share your data with
Sometimes we might share your data with third parties. This could include:
Service providers we use for specific purposes, such as for our IT systems and marketing communications, and our professional advisers.
If you are a customer initiating a repair through one of our business partners, that business partner.
Regulatory authorities, law enforcement agencies and courts.
In the event of a sale of all or a part of our business, the buyer and its professional advisers.
Sending your data overseas
We may also send your data to recipients based overseas. However, we understand that some countries offer a lower standard of protection and will only transfer your data abroad where we are confident that your data will be properly protected.
In particular, we will only transfer your data to countries that have been deemed to offer an adequate level of protection, or where there are specific contractual protections in place with the recipient. Where do we rely on contractual safeguards then we will only use Standard Contractual Clauses approved for use by the ICO. Please contact us to know more about Standard Contractual Clauses and how we use them.
Keeping your data safe and secure
We are committed to securing your data and keeping it confidential. We have implemented appropriate technical and organisational measures to protect your personal data from being accidentally or unlawfully destroyed, lost, altered, disclosed, used or accessed. In addition, we limit access to your personal data to those employees, agents, contractors and service providers who have a business need to know. They will only process your personal data on our instructions.
However, please note that despite our best efforts we cannot guarantee the security of information being exchanged over the internet and, where our website contains links to other website plug-ins and applications that are not operated by us, clicking on those links or enabling those connections may allow third parties to collect or share data about you.
How long we keep your data
We will only retain your data for as long as necessary to fulfil the purposes we collected it for, including to address any accounting or legal requirements which will generally be up to 6 years. Once those purposes have been achieved then, unless a different purpose for processing your data arises, it will be permanently deleted.
Your rights in connection with your data
You have rights under law in connection with your data. We’ve provided a list of your rights, although please note that they may not always apply in every case.
Right of access: subject to certain exceptions, you have the right of access to your personal data that we hold.
Right to rectify your personal data: if you discover that the information we hold about you is inaccurate or incomplete, you can get in touch to have this information corrected.
Right to be forgotten: you may ask us to delete information we hold about you in certain circumstances.
Right to restriction of processing: in some cases you may have the right to have the processing of your personal data restricted.
Right to object to processing: you can object to processing of your data when it’s based on our legitimate interests, for the purposes of direct marketing or statistical analysis.
Right to data portability: you have the right to receive or transfer your personal data to another controller if we are processing your data based on consent or on a contract and the processing is carried out by automated means.
Cookies
We do not use any cookies or tracking technologies on our website.
Complaints
We would always welcome the chance to deal with your concerns in the first instance, but you have the right to make a complaint to the ICO if you feel that we have handled your data improperly. If you would like to contact the ICO, then you can do so by telephone on 0303 123 1113 or through their website at https://ico.org.uk/global/contact-us/live-chat/
Contact us
If you have any questions about this Policy or how we process your data or you would like to opt out of receiving marketing communications from us, then you can contact us at any time using the details below.
Bolivar Jewellery
88 London Road
Brighton
BN1 4JF
United Kingdom
Tel: +44 07771 858267
Email:
Website Terms of Use
These terms sets out the standards that apply when you link to our site or interact with our site in any other way.
Who we are and how to contact us
www.bolivarjewellery.com is a site operated by Bolivar Jewellery (“We”). [We are a designer and manufacturer of the highest quality handcrafted jewelry]
To contact us, please email info@bolivarjewellery.com or telephone our customer service line on +44 7771858267.
By using our site you accept these terms
By using our site, you confirm that you accept these and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
Our terms and conditions also apply when you purchase an item through our site.
We may make changes to our site and these terms
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may amend these terms from time to time. Every time you wish to use our site, please check the legal terms and notices posted to ensure you understand the terms that apply at that time. These terms were most recently updated on 1 April 2023.
We may suspend or withdraw our site.
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Prohibited uses
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
By knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our site including any content, imagery, photography, videography, designs or text.
not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
– Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
– Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact us through the contact form.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our liability to you
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 and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our PRIVACY POLICY.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
Breach of these terms
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms constitutes a material breach of the terms of using this site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
How this contract can be transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
Which country’s laws apply to any disputes?
If you are a consumer, please note that the terms of these terms, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of these terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.