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These are the Terms and Conditions of Lydia Niziblian as updated November 2022.

 

 

  1. General

 

  1. ‘Client’ is any person or organisation not acting in the course of a business that has contacted Lydia Niziblian requesting information, or who has entered a Contract with Lydia Niziblian for the provision of Standard and Bespoke Jewellery or repairs to Jewellery. (the Jewellery).

  2. ‘Bespoke Jewellery’- Jewellery individually designed or otherwise personalised for a Client.

  3. ‘Standard Jewellery’- Jewellery created by Lydia Niziblian as part of a collection and possibly recreated again. All Jewellery that is not Bespoke Jewellery.

  4. ‘Contract’ – The legal agreement between Lydia Niziblian and the Client for the provision of or repairs to Jewellery.

  5. ‘Website’- https://www.niziblian.com

  6. ‘Fee’- The sum payable for the provision of the Jewellery and repairs to the Jewellery as agreed with the Client and any additional sums agreed.

  7. ‘Delivery Charge’- the sum for the delivery of the Jewellery to the Client

  8. ‘Studio’- the premises at Whitchurch Village Cardiff or any other premises used by Lydia Niziblian.

  9. ‘Payment’ – can be by BACS, card (by card machine or on the Website), PayPal, Apple Pay and Stripe as available.

  10. ‘Days’- All the days in a week excluding weekends and Bank Holidays.

  11. These Terms and Conditions and the Contract will represent the whole of the terms between Lydia Niziblian and the Client. Any changes to these must be agreed in writing by Lydia Niziblian.

  12.    The Client will have the opportunity to read these Terms and Conditions and any questions

answered before placing an order and entering a Contract and so the Client is accepting these

Terms and Conditions by entering the Contract.

 

 

  1. The Jewellery

 

  1. The descriptions of the Jewellery by Lydia Niziblian will be as accurate as possible and provided in good faith.

  2. The Client must satisfy themselves that the Jewellery as described meet their requirements before placing an order to purchase. Lydia Niziblian is always willing to answer any questions or queries.

  3. If the Client makes an appointment for a consultation with Lydia Niziblian, they must give at least 24 hours of any postponement or cancellation.

  4. If the Client has any requirements that are essential to them, they must contact Lydia Niziblian to discuss the matter before entering an order to ensure this is acceptable to Lydia Niziblian.

  5. Lydia Niziblian warrants that she will use reasonable care and skill in producing the Jewellery or carrying out repairs.

  6. By entering the Contract, the Client confirms they are at least 18 years of age.

  7. All Jewellery meeting the required weight for gold and silver by the Assay Office will be hallmarked.

  8. As all items are handmade or hand finished one piece of Jewellery will not be identical to another as that is the nature of the process and the Client accepts this by entering the Contract.

  9. The Client must take care to order the correct size for rings, bracelets, and other Jewellery where relevant. Advice will be given on measuring and any queries answered. If the Client finds the Jewellery does not fit based on their measurements and if alterations are needed a charge will be made.

 

 

  1. Delivery

 

  1. All Jewellery is made to order except when on display at the Studio of Lydia Niziblian.

  2. Stock items will normally be dispatched within five working days, Standard Jewellery that has to be made to order will normally be dispatched within two to eight weeks. Bespoke Jewellery may take up to twelve weeks to dispatch. The Client must contact Lydia Niziblian for more exact times.

  3. Normal delivery period may be longer if due to events beyond the control of Lydia Niziblian e.g. industrial action.

  4. Any delivery dates specified are approximate estimates only and unless agreed in writing by Lydia Niziblian, time is not of the essence for delivery.

  5. No delay shall entitle the Client to reject any delivery or Jewellery or part of an order.

  6. If the Client requires delivery by a certain date, then this must be communicated in writing to Lydia Niziblian before the Contract is entered. Lydia Niziblian is only bound by such date if they confirm acceptance of this in writing.

  7. The Fee and Delivery Charge will not include any customs charges or other fees and charges payable in the country of delivery. These are the responsibility of the Client. If these are not paid the authorities will return the Jewellery to Lydia Niziblian. The Client will have to then arrange and pay for collection from the Studio if they wish to receive the item. No refunds will be given what ever the circumstances if non delivery is due to non-payment of customs and other charges by the Client.

  8. Lydia Niziblian does not currently deliver to certain countries due to the regulations in those countries e.g., Germany and Australia. If any issue arises when ordering or the Client has any queries they must speak to Lydia Niziblian before ordering for clarification.

 

 

  1. Bespoke Jewellery

 

  1. Upon receipt of any enquiry from a Client, Lydia Niziblian will communicate with them to establish the piece of Jewellery required and the style and design, sizing, and their budget.

  2. Lydia Niziblian will then prepare designs and specifications with a Fee and Delivery Charge for each.

  3. Lydia Niziblian will answer all reasonable questions from the Client and seek to find a design acceptable to the Client.

  4. Lydia Niziblian will use her best endeavours to answer all questions and requirements from the Client, but this is subject to reasonable use of time.

  5. Once the Client has agreed a design with Lydia Niziblian an invoice for 50% of the Fee and Delivery Charge will be issued. The invoice will provide a range of Payment methods.

  6. Lydia Niziblian may ask for the full Fee upfront in some circumstances.

  7. Any changes to the original style or design may incur an increase in the Fee although the Client must accept that is some cases changes may not be possible.

  8.  Once the invoice has been paid Lydia Niziblian will create the Jewellery.

  9. Once the initial Fee has been paid, necessary materials will be ordered and the work commenced, no refunds will be issued as the Jewellery is individual and personalised for the Client.

  10. Due to the handmade nature of the Jewellery reasonable adjustments to the design may be required to complete the piece from a practical perspective. Lydia Niziblian will always endeavour to keep the style as close as possible to the agreed form but if changes are essential the Client will be contacted to discuss the situation to find the solution most acceptable to the Client.

  11. When the Jewellery is finished the Client will be sent a photograph and an invoice for the balance of the Fee.

  12. Once paid Lydia Niziblian will send the finished Jewellery by Royal Mail to the Client or courier as she decides to be appropriate. The Client can collect from the Studio if they wish.

 

 

  1. Provision of Stones or other materials by the Client

 

  1. If the Client provides a stone or other material e.g., gold they must sign a waiver before any work can commence excluding Lydia Niziblian from any liability should damage occur to the material or the Jewellery.

  2. Lydia Niziblian may require the stones or materials to be independently verified as to their authenticity and content.

  3. Lydia Niziblian has the right to refuse to use any stone or material supplied by the Client if she is not satisfied that the result will be of the appropriate standard.

 

 

  1. Standard Jewellery.

 

  1. If made through the Website or ordered direct the Contract is made when the Client has paid the Fee required.

  2. The Client will be sent an acknowledgement email as soon the order is placed.

  3. Lydia Niziblian will take reasonable care to ensure all details, descriptions and Fees of the Jewellery are correct at the time of posting on the Website. They will endeavour to keep the Website up to date, but the details may differ when the Client makes an order to purchase.

  4. Provision of the Standard Jewellery under the Contract by Lydia Niziblian is subject to the availability of the Jewellery ordered and the authorisation of any payment. If Jewellery cannot be supplied the Client will be informed as soon as possible and any payment received refunded. This refund will be instigated within five days and receipt is dependant upon the finance provider.

  5. Lydia Niziblian can decline any order or terminate any Contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.

  6. The Website can only be used for orders to be delivered in the UK and Japan, Switzerland, New Zealand, and USA. Outside these areas, please contact Lydia Niziblian for a shipping quote. These countries may change over time depending on postal, courier and customs regulations.

  7. For orders to be delivered outside the UK including the EU, the Client is responsible for payment of all customs fees, duties and other charges.  If Jewellery is returned to Lydia Niziblian because the customs or other fees are not paid no refund will be paid to the Client.

  8. Lydia Niziblian reserves the right to suspend a Client’s account if they consider there has been suspicious activity regarding that account. The Client would be notified of this by email.

  9. Lydia Niziblian reserves the right to limit the number of Jewellery pieces purchased by an individual Client.

 

 

  1. Repairs

 

  1. The only repairs and/or resizing carried out are to Jewellery created by Lydia Niziblian.

  2. Upon receipt of any enquiry for such a repair by a Client the Client may be asked to provide a photo or discuss what is required and given a rough quotation of the cost involved. They will then be asked to deliver the Jewellery.

  3. Repairs are only guaranteed for one year for workmanship provided that Lydia Niziblian provided all the materials. Where the Client provided some of the materials then repair is at the discretion of Lydia Niziblian.

  4. Any guarantee depends upon evidence that the Client has followed the advice originally given to them regarding the handling and care of the Jewellery.

  5. If the Jewellery is broken the Client must accept that it may not be possible to carry out a repair depending on the age and materials involved and care and treatment of the Jewellery.

  6. If Lydia Niziblian believe she can repair an item that she created, she will advise the Client of the risks involved which they must accept.

  7. If Lydia Niziblian does not believe any damage is due to faulty workmanship but due to bad handling and care by the Client and/or is more than one year since the Jewellery was sold, then a charge will be made for any repairs carried out.

  8. If the Client wishes to proceed with the repair Lydia Niziblian will issue a receipt and make notes regarding the condition.

  9. All repairs are carried out at the risk of the Client due to the uncertainty as to the true condition and inherent problems in the Jewellery being repaired. Lydia Niziblian will use all due care to assess the item and the risks involved.

  10. Lydia Niziblian will endeavour to discuss any problems with the Client as they arise. The Client must accept that any problems may lead to work not envisaged at the start and may involve additional costs.

  11. If Lydia Niziblian finds that the Fee of any repair is higher than anticipated due to extra factors arising, she will discuss the situation with the Client to see if they wish to proceed.

  12. Once the repair is completed the Client will be sent an invoice for the repair and return postage.

  13. When the invoice has been paid by BACS the Jewellery will be returned to the Client by Royal Mail Special delivery.

  14. If the Jewellery is of a low value relative to the cost of repair the Client may be asked to pay the whole cost of repair before any work is started.

  1. Design Issues

 

  1. The Client cannot reject any item of Jewellery following provision of a bespoke item, personalised jewellery or any repairs to Jewellery based on issues with style and design.

  2. Lydia Niziblian will endeavour to communicate any proposals with the Client and enter a dialogue to find a design to their satisfaction. The Client must inform Lydia Niziblian immediately if they are not happy with what has been shown or described to them so that changes can be made.

  3. The Client accepts that changes in design, gemstones or materials could lead to an increase in the Fee.

  4. The Client will have one meeting to discuss and agree the design of the Jewellery. Any further meetings necessary will be charged at £25 per hour which will be deducted from the Fee if the Client proceeds with the order.

  5. Lydia Niziblian may terminate any Contract for the provision of bespoke Jewellery if they believe they will be unable to reach an agreement with the Client within a reasonable timeframe as to the design of the Jewellery.

 

 

  1. Guarantee

 

  1. When Standard Jewellery is ordered online by a person not acting in the course of a business, they will have the right to cancel the order up until 14 days after receipt of the Jewellery. They must communicate this to Lydia Niziblian in writing by email immediately giving full contact details. This does not apply to Standard Jewellery personalised including engraved for the Client or earrings due to hygiene issues.

  2. The Client then has 14 days to return the Jewellery to Lydia Niziblian in a safe and appropriate manner at their own cost using a suitably insured service to protect the value of the Jewellery. It is the Client’s responsibility to ensure ethe Jewellery is properly insured in return transit.

  3. Provided the Jewellery is returned undamaged in any way, unused and in the original packaging Lydia Niziblian will the refund the cost of the Jewellery and the basic original delivery cost (ignoring any charges above standard delivery). A deduction may be made if the Jewellery is returned and has not been handled as instructed by the Client.

  4. The guarantee will not apply if the Jewellery is damaged or not stored correctly rendering them unsaleable.

  5. This is in addition to the legal rights available to them.

  6. Lydia Niziblian offers no guarantee if the Client provides their own gemstones and/or metal as they cannot be sure of the quality and suitability of the products.

  7. Lydia Niziblian offers no guarantee for any Jewellery it considers to have been treated badly and where proper care has not been taken. All Clients are expected to follow the care instructions as set out on the Website at https://www.niziblian.com/jewellery-care.

  8. Lydia Niziblian will offer a one-year guarantee for workmanship on Standard Jewellery and Bespoke Jewellery excluding any issues arising from the use of the Client providing their own materials or failure to care properly for the Jewellery.

 

 

 

  1. The Fee

 

  1. For repairs any Fee must be paid in full before the Jewellery is returned.

  2. The Fee must be paid as required on the Website where Standard Jewellery is ordered through the Website.

  3. For Bespoke Jewellery half of the Fee must be paid once the design has been agreed and an invoice submitted. The balance is due upon completion before any Jewellery is delivered.

  4. All invoices must be paid in full without set-off, deduction or counterclaim.

  5. Any invoice not paid within 30 days of issue will incur interest at 8% above base rate until paid in full. Standard debt recovery charges will also be added.

 

 

  1.   Gift Vouchers

 

  1. Gift vouchers can be purchased for various sums. They must be redeemed within six-months of issue or cease to have any value.

  2. The Gift Vouchers cannot be exchanged for cash only Jewellery.

 

 

  1. Cancellation Policy

 

  1. If the Client wishes to cancel the provision of repairs once the work has commenced, they must pay Lydia Niziblian for all work and materials used to date of cancellation before the item is returned.

  2. Private individuals cannot cancel once the guarantee period of 14 days set out above has passed following purchase of Standard Jewellery except in accordance with their legal rights.

  3. The Client cannot cancel the provision of a piece of Bespoke Jewellery

  4. Lydia Niziblian reserves the right to cancel an order without liability if they are unable to supply the Jewellery ordered due to events beyond their control.

 

 

  1.  Subcontracting

 

Lydia Niziblian has the right to subcontract any of the services required to provide the Jewellery.

 

 

  1. Risk

 

The Risk in the Jewellery shall pass to the Client when the Jewellery is delivered to the Client’s premises or property, or other premises as requested.

 

 

 

 

 

  1. Limitation of Liability

 

  1. Should Lydia Niziblian be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict,  the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions )Lydia Niziblian shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.

  2. Lydia Niziblian accepts no liability for Repairs to Jewellery due to the numerous unknown factors but will endeavour to follow good practice.

  3. Lydia Niziblian is not liable for any indirect or consequential losses to the Client or any third party.

  4. The Contract is exclusive to the Client and no third party shall have any rights under that Contract.

  5. Lydia Niziblian will provide the Client with advice on how to look after the Jewellery. They accept no liability if the Jewellery requires attention because the Client has not followed this advice.

  6. Where Lydia Niziblian advises against a course of action, including the use of certain materials and gemstones, they will not accept any liability if the Client insist on proceeding against that advice.

 

 

  1. Intellectual property

 

  1. All copyright, trademarks, and all other intellectual property rights in all Jewellery (both bespoke and standard), designs, labels, any materials, logo, marketing materials, branding or copy (all jointly called the Materials) shall remain always vested in Lydia Niziblian. Any attempt to copy any Materials, or manufacture, reproduce, transmit, publish, display exploit, or create derivative Materials shall render the Client liable for damages.

  2. If the Materials supplied by Lydia Niziblian are used by a third party for any purpose, not in the Contract the Client will be liable to Lydia Niziblian for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.

 

 

  1. Data Protection and Confidentiality

 

  1. Lydia Niziblian will take all reasonable care to keep all personal data supplied by the Client in accordance with the UK General Data Protection Regulations (GDPR)and general UK legislation as set out in their current Privacy Notice.

  2. Lydia Niziblian will take all reasonable care to keep all personal data confidential.

  3. Clients may be contacted by Lydia Niziblian with marketing material about current and future Jewellery and services. The Client will always have the option to unsubscribe from such marketing materials. Clients’ data will never be passed to third parties for marketing purposes.

 

  1. Complaints

 

The Client must raise any problem or complaint it has with the Jewellery immediately the issue arises and confirm this in writing within seven days. Lydia Niziblian will seek to find a mutually acceptable solution for all parties.

 

 

  1. Severance

 

If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

 

 

  1. Notices

 

Any notices served under the Contract, or these Terms and Conditions must be address to the address on the Contract or such other address provided by that party. Notices can be given by email to any email address agreed for that purpose. 

 

 

  1. Waiver

 

The waiver by Lydia Niziblian of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.

 

 

  1. Transfer

 

The Client may not transfer any of their rights under the Contract to any third party.

 

 

  1. Law

 

The laws of England and Wales govern these Terms and Conditions.

Copyright ©2023 Lydia Niziblian

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