Terms & Conditions
- 1) Understanding these Terms and Conditions
- 2) About us
- 3) Services
- 5) Our liability to you in relation to the Services
- 6) The products
- 7) Partners
- 8) Orders, prices and payment
- 9) Delivery
- 10) International Delivery
- 11) Returns Policy
- 12) Our Website
- 14) Intellectual property, software and content
- 15) Ethical sourcing policy
- 16) Other important information
- 17) Governing Law and Jurisdiction
- Cancellation form
These master terms of service (together with the documents, information and policies referred to in these terms of service) ('Master Terms of Service') set out the legal terms that apply to your use of our website ('Website') and the products and services available via the Website ('Services').
If you do not accept these Master Terms of Service, you should leave the Website immediately. If you continue to use the Website or purchase Services, we will take this as your acceptance of these Master Terms of Service.
1) Understanding these Terms and Conditions
Definitions When we refer to 'we', 'us' or 'our', we mean Finematter ApS. Where we refer to 'you' or 'your' we mean you, the person using the Website. When we refer to 'Partner' we mean the third party designers or jewellery stores named on the Website and from whom you may purchase products. When we refer to 'Service Terms' we mean, in respect of each Service, any specific additional or amended terms that are relevant to that Service (as updated from time to time) and made available to you.
Interpretation We have used headings to help you understand these Master Terms of Service and to easily locate information. These Master Terms of Service are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services so we recommend that you print or save a copy of these Master Terms of Service for your records (but please note that we may amend these Master Terms of Service from time to time so please check the Website regularly, and each time you use the Services, to ensure you understand the legal terms that apply at that time).
Framework These Master Terms of Service are intended to operate as a framework to (amongst other things) enable you to: (i) access the Website, and (ii) purchase Services.
Other terms These Master Terms of Service may refer to the following additional terms, which may also apply to you:
The following Service Terms:
The Replate, Repair, Resize And Refresh terms; and/or
The Recycle Terms
Our Payments Policy.
2) About us
We are Finematter ApS and we operate the Website. We are an overseas company registered in England and Wales and our address is at 4c Printing House Yard, London, E2 7PR. Our registered establishment number is 41482684 and our VAT number is DK41482684.
We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third party designers or jewellery stores ('Partner(s)') named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.
The Services we offer allow you to (amongst other things):
Search for and purchase products from third party designers and jewellery stores (Jewellery Purchase);
Re-plate your jewellery (Replate);
Repair your broken jewellery (Repair);
Resize or make adjustments to your jewellery (Resize);
Clean and polish your jewellery (Refresh); and
Trade in your old jewellery for credit (Recycle).
We will provide the Services as described on the Website from time to time, and standard updates to the Services that are made generally available by us. We may, in our sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. The contracts for some of these services will be between you and the relevant provider, further details of which are set out in the applicable Service Terms. We may provide the Services through any of our affiliates.
You may access Services via the Website at any time in accordance with these Master Terms of Service. Services may require you to accept Service Terms, which are hereby incorporated into these Master Terms of Service.
Services are available to UK & US residents only.
5) Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited by law.
6) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our customer service team if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products.
If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received and authenticated by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial or business purposes. You further agree that you will not export, re-export, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons List or the E.U.'s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorised by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.
We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners' business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.
8) Orders, prices and payment
By completing the check-out process and placing an order, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk will pass to you when it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
(a) Formation of the contract between you and the Partner(s)
The identity of the Partner is shown on the order confirmation page when you place an order. When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner.
The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
If you are viewing the Website from the UK or EU, the product prices advertised on the Website from Partners located within the UK or EU are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Delivery" section of our Website for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order.
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a "landed cost estimate" before placing your order.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified.
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for "same day" delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
10) International Delivery
Details of the countries we deliver to can be found on our Website. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
11) Returns Policy
Please see the "Returns Policy" on our Website ('Returns Policy') for information on returns and exchanges. For further information on cancelling your order under the CCRs, please see below.
Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ('CCRs') or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to, and authenticated by, the relevant Partner you will receive a full refund, including the original delivery costs; however you will be liable to arrange and cover the full cost of returning the order to the Partner.
Except in relation to certain types of products as set out in the Returns Policy (for example, sale items or bespoke orders), you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products ('cooling-off period').
To cancel a contract, you must clearly inform us, by email at firstname.lastname@example.org, giving us your name, address and order reference or by completing and returning the cancellation form at the end of these Terms and Conditions and sending it by email to email@example.com.
If you cancel an order (or part of an order) during the cooling-off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel a contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which the Partner received and authenticated your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner's address.
12) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
- 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 send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
- To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services' terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the 'Third Party Products and Services'). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services' terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be limited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners' supply of the products to you.
14) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ('Content'). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
15) Ethical sourcing policy
We are committed to offering our customers high-quality, ethically made products. We therefore recognise our obligation to ensure that all Partners and other suppliers are operating ethically and with respect for the environment. We expect all Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries or suppliers which are in breach of these principles. We also look to the Partners and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partners and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
16) Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our or the Partners' obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners' obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
17) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. To the fullest extent permitted by law, the courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
(Complete and return this form only if you wish to withdraw from the contract)
To: Finematter ApS, 12A Newburgh Street, London, W1F 7RR
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
[*] Delete as appropriate