Terms and Conditions
This website, kris-walsh.com (hereinafter referred to as the “Site”), is owned and operated by Kristina Walsh (hereinafter referred to as "we", "our", or "us").
Please read these Terms and Conditions (hereinafter referred to as “Terms”) carefully before accessing, using any part of and/or purchasing a product from the Site. By accessing, using any part of and/or purchasing a product from the Site, you agree to be bound by these Terms.
By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or area of residence, or that you are the age of majority in your state or area of residence and you have given consent to allow your minor dependents to use the Site.
We reserve the right to update, modify, change or replace these Terms at our discretion. Your use of the Site after said modifications implies that you agree to and are bound by these modified Terms. Every time you wish to use the Site, please check these Terms to ensure you understand the Terms that apply at that time.
If you do not agree to all the Terms, then you may not access or use any part of the Site.
In the event of a breach or violation of any of the Terms, your right to access or use the Site or any of our services will cease immediately.
The headings, paragraphs, and breaks (‘parts’) used in this agreement are included for convenience and will not limit or otherwise affect these Terms.
Our store is hosted by Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Details of how we use your personal information are set out in our Privacy Policy.
Payments
Payment can be made by Visa, MasterCard, American Express, Apply Pay, Google Pay, PayPal and any other methods which may be advertised on the Site. Card payments are not processed through pages controlled by us. Payments are processed through our online payment service providers Stripe or PayPal, secure online payment gateways that encrypt your card details in a secure environment.
You confirm that the payment method or credit/debit card that is being used is yours or that you have been authorized by the owner of the account to use it. It is your responsibility to ensure that all the payment information which you provided us is true, correct, and complete. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that your transactions can be processed and we can contact you as needed. You warrant that charges incurred by you will be honored by your payment method issuer or card company, and that you will pay charges incurred by you, including any applicable taxes.
All online payment transactions are subject to validation checks by the issuer and if issuers of your payment method refuse to authorize your payment, we will not be liable for any reason. Please note, if your card issuer charges you an online handling fee or processing fee we cannot be held responsible for this.
We take care to make the Site safe and secure for you to use. We have implemented technical and operational security measures in an effort to safeguard your personal information. Such measures include, using Secure Socket Layer (SSL) technology, using security features to try to prevent unauthorized access, as well as other technical, administrative and physical safeguards. Although we will do our best to protect your personal information, the transmission of information via the Internet or email is not always completely secure, so we cannot guarantee the security of information while you are transmitting it to our site and such transmission is at your own risk. In the absence of negligence on our part we will not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Online orders and goods
Acceptance
After placing an order with us, you will receive an email acknowledging we have received your order. Please note, receipt of an email from us does not signify acceptance of your order, nor does it confirm our offer to sell. We reserve the right at any time to accept, decline, or limit your order for any reason, whether or not you have paid.
Full payment of the price for the goods is required before your order can be accepted. All goods on the Site are subject to availability. We reserve the right to limit the sale or quantities of any goods or services that we offer for any reason. After payment is received by us and availability of the goods is verified, you will be sent an email confirming your order has been accepted and dispatched.
Cancellations, Returns, Repairs
If the goods you have ordered are unavailable for any reason or we make a change to or cancel your order, you will be notified as soon as possible through the email, billing address, and/or phone number provided at the time of order, issued a refund back to the original method of payment. We reserve the right to refuse, limit, cancel or prohibit any order or quantities of goods placed with us for any reason, including but not limited to, orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right to discontinue any goods or services at any time. Any offer for any goods or service made on the Site is void where prohibited. If you receive goods from us and are not satisfied, you my return it in line with our Return policy as stated below.
If you have received your order, you may cancel your order or request a return within 14 days of you receiving your goods. To exercise your right to cancel or request a return you must inform us of your decision by emailing studio@kris-walsh.com. When you notify us, you should provide your name, delivery address, and where possible, email and phone number. You must also send the goods back to us within that same 14 day period.
We will refund your payment, excluding the cost of delivery if the goods has already been shipped, upon us receiving the goods unused, in their original condition, with all labels and packaging intact. We only make refunds back to the original method of payment you used for the transaction. Upon refund, you will receive an email from us confirming of the refund being processed.
You are responsible for the cost of returning the goods and returning the goods within the stated timeline. The costs of any international customs or duties are not refundable. We will only refund the costs of postage/transport in the unlikely event the goods being faulty. When returning goods, it is strongly recommended you arrange proof of posting and your own insurance. We cannot accept responsibility for parcels lost in transit.
Bespoke or personalized items are not eligible for cancellation, return, exchange, or refund and such sales are final.
Where such are possible, we offer repairs on some of our jewellery items. Repairs and resizes are only available on goods bought directly from us, and not on items bought through other shops or platforms. Depending on the extent of repair or resizing and how long after you receiving your goods a repair or resize request is made, fees may apply. Please email studio@kris-walsh.com to discuss a jewellery repair or resizing.
For more information see Returns + Repairs.
Faulty Goods
Your goods are inspected thoroughly before being sent to you. If you receive your goods and believe they are damaged or faulty upon delivery to you, please make us aware of the problem as soon as possible. Please inform studio@kris-walsh.com of the problem within 14 days of receiving the goods and provide your name, delivery address and order number.
Pricing
We reserve the right to change the price of, limit, or discontinue goods at any time without notice. Price changes will not affect the price charged to you at the time when you purchased the goods. We will not be liable to you or to any third-party for any modification, price change, or discontinuance of our goods or services.
All prices are shown in British Pounds Sterling (£). The price for international customers may be calculated by your payment issuer in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
If shipping to the United Kingdom, as we are not VAT registered, there will not be any VAT charged at the time you place your order. If shipping outside the UK, there will be no taxes or duties charges from us, but your shipment may incur customs or import duties levied by the country or authority of your specified delivery.
Taxes and Duties
Please note, we have no control over any customs or import duties that could be levied by the country or authority of your specified delivery. You will be responsible to pay for any customs or import duties levied upon the shipment. Payment of import duties may be necessary to release your order from customs. You are responsible for purchasing goods which you are lawfully able to import.
Shipping
Where applicable, the addition of delivery charges will be displayed and included at checkout. Goods will be delivered to the delivery address specified by you at checkout. It is your responsibility to ensure this information is correct and that the address you use for delivery can accept and provide a signature upon delivery, if necessary.
Please see our Shipping guidelines for our current shipping processes and delivery time aims. Please be aware that posted shipping timelines may vary from item to item and time to time and is dependent upon us receiving your payment. Should your order be delayed for any reason you will be notified as soon as possible. Please note, we cannot be responsible for shipping delays caused by the carrier or international customs departments.
Content, Rights, and Use
Accuracy of Content
In addition to the intellectual property rights mentioned below, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, text, or information on this Site. We take care to display the colors, images, prices, and descriptions of our goods and services as accurately as possible. Although, we cannot guarantee its accuracy and you agree we are not liable to you or any third-party if Content on the Site is not accurate. We make no warranties about Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site or our goods and services.
At our sole discretion, descriptions of goods or services and product pricing are subject to change at anytime without notice. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update Content or cancel orders if any Content in our goods or services or on any related website is inaccurate at any time without prior notice (including if you have submitted an order and paid for it or not).
Ownership of rights
All rights, including copyright, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, models of items, that appear on the Site or in the domain name, are exclusive owned by or licensed to Kristina Walsh.
All intellectual property rights associated with items created in association with bespoke or personalized goods are and will remain the property of Kristina Walsh.
Any utilization, reproduction, performance, imitation thereof, even partial, of the designs, models, brand names, and names of lines is prohibited.
Acceptable use
Any use of the Site or its Contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of Kristina Walsh.
You may not modify, copy, distribute, transmit, display, perform, reproduce, re-post, publish, license, commercially exploit, create derivative works from, transfer, sell or resell any portion of, use of, or access to the Site, it’s Content, goods or services for any purpose.
You agree we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, its Content, or our goods or services:
(i) in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; (ii) in any way which is unlawful, unauthorized, illegal, fraudulent or harmful; (iii) in connection with any unlawful, unauthorized, illegal, fraudulent or harmful purpose or activity; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to submit false or misleading information, or otherwise mislead us or third-parties; (vi) to upload or transmit any worms, viruses or any other type of malicious code or other malware of a destructive nature that will or may be used in any way that will affect the functionality or operation of the Site or our goods and services, or of any related website, other websites, or the Internet; (vii) to use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (viii) to collect or track the personal information or data of others, including without limitation scraping, data mining, data extraction and data harvesting; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; (xi) to attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site; (xii) to attack the Site via a denial-of-service attack or a distributed denial-of service attack; or (xiii) to interfere with or circumvent the security features of the Site or our services or any related website, other websites, or the Internet.
You agree that your communications with us will not violate any right of any third-party. You further agree that your communications in relation to the Site will not contain libelous or otherwise unlawful information. We do not warrant that your use of our Content will not infringe rights of third parties.
We will report any breach of use to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Availability and security
We do not warrant that our website, or any content on it, will always be uninterrupted, timely, secure or error-free. We reserve the right to modify, suspend, discontinue, or restrict the availability for indefinite periods of time all or any part of the Site or our services at any time without notice. You agree we will not be held liable to you or any third-party for discontinuance of the Site or our services.
You are responsible for ensuring that all persons accessing the Site through your internet connection are aware of and comply with these Terms and other applicable terms and conditions and policies.
We take reasonable care to make our website as secure as possible. We will take reasonable care to keep the details of your order and payment secure. You agree that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from this site by you.
We do not warrant that the Site, Content, or the server that makes it available for use are secure or free from bugs, viruses, or other harmful components. You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software. If your use of the Site or Content on it results in the need for servicing or replacing losses, property, material, equipment or data, we will not be responsible for those costs.
Third-party links
The Site may include links to other websites or resources operated by third-parties, including but not limited to other stockists and advertisers. Such links should not be interpreted as approval or endorsement 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 and are not responsible for examining or evaluating the content or accuracy of any third-party pages. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Please note it is your responsibility to review and understand the third-party's policies and practices before you engage in any activity. We are not liable, directly or indirectly, for any damage, harm, loss, or offence caused or alleged to be caused by, or in connection with the reliance on, purchase, or use of goods, services, resources, content, or any other actions made in connection with any third-party websites.
Complaints, claims, concerns, or questions regarding third-party websites or goods and services should be directed to the third-party.
Warranties, indemnity, and severability
Warranties and limitation of liability
You agree that your use of, or inability to use, the Site, Contents, goods or services is at your sole risk. The Site and goods and services delivered to you through it are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, security, accuracy, and conditions of completeness
In no event shall we, our employees, affiliates, agents, contractors, suppliers, service providers or licensors have any obligations or liabilities to you for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), product liability, or otherwise, even if we have been advised of the possibility thereof, arising from or in connection with the sale, delivery or use of our goods or services. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the goods you have ordered through the Site. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in such jurisdictions, the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of goods.
Indemnification
You agree to indemnify and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any liabilities, claim, demand, expenses or losses, including without limitation legal fees, arising from breach of these Terms by you or any other liabilities arising out of your use of this site, the use by any other persons accessing this site using your internet account, or your violation of any law or the rights of a third-party.
Severability
If any court or relevant authority decides any parts or provisions of the Terms is unlawful, void, or unenforceable such determination shall not affect the validity and enforceability of any other remaining parts or provisions, and those parts or provisions will remain in full force and effect.
Other important Terms
The failure or delay on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and it will not prevent us taking steps against you at a later date.
Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
We may transfer our rights and obligations under these Terms to another organization. You may not transfer or assign any or all of your rights or obligations under this contract to anyone else.
This contract is between you and us. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms and Conditions or your use of the Site. Nobody else has any rights under this contract.
These Terms and any other policies or operating rules posed by us on the Site constitute the entire agreement between you and us in relation to the Site and our goods and services. We are required to advise you that the contract between us and you created under these terms may be concluded in the English language only and that no public filing requirements apply.
Governing Law
The Site, these terms and conditions and any contract entered into as a result of usage of the Site are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Contact
Questions about these Terms should be sent to studio@kris-walsh.com