Terms and Conditions

THEO FENNELL LIMITED – OUR TERMS 

Last updated: 03/12/2024

1. OUR TERMS. 
   1. These are the terms and conditions (“Terms”) on which we supply jewellery,  silverware and our other products to you. 
   1. Please read these Terms carefully before you order with us. These Terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If there is anything you do not understand or do not agree with, please ask us while in-store or contact us using our contact details set out below.
   1. In these Terms, when we refer to:
      1. Bespoke Goods: we mean the products which are tailor-made, made-to-measure or personalised to your requirements. 
      1. Products: we mean the products you are purchasing from us, which includes Bespoke Goods unless expressly stated otherwise.
   1. Please be aware that: 
      1. Bespoke Goods (however purchased) are non-refundable and cannot be returned unless faulty or misdescribed. A 50% deposit must be paid on ordering. 
      1. Discounted Products are non-refundable and cannot be returned unless purchased online, in which case you have a legal right to change your mind (as set out in these Terms) or if faulty or misdescribed.  
      1. Purchases made in-store are non-refundable unless faulty or misdescribed but can be exchanged within 14 days of receipt. More information is set out in these Terms including those Products which cannot be exchanged.  
      1. We limit our liability to you as set out in paragraph 12.2.

• WHO WE ARE & OUR CONTACT DETAILS.
  • We are Theo Fennell Limited (“we”, “our” and “us”) a company incorporated in England and Wales. Our company registration number is 10673560 and our registered office is 2 Garrison Square, Chelsea Barracks, London, SW1W 8BG. Our registered VAT number is 273311328. You can find out more about us and the glorious jewellery and silverware we make for marvellous people here.
  • You can contact us in person at our gallery, by video call, email or phone. Our contact details are set out here. Our website is available here.
  • If we need to contact you, we will do so by phone, email or post using the details you provided to us when you placed your order. 
• OUR CONTRACT WITH YOU.
  • Your order is an offer by you to purchase Products from us. No contract will exist until we accept it. All orders are subject to availability and acceptance by us. 
  • Our acceptance of your order will take place:
    • For Products except Bespoke Goods: when we email you with dispatch details to accept your order, at which point a contract will be formed. We may send you an email acknowledging your order has been received but this does not constitute acceptance of your order.
    • For Bespoke Goods: on receipt by us of payment by you of the deposit set out in the invoice provided to you or, if no deposit is required, when we do any act consistent with fulfilling the order, at which point a contract will be formed.
  • A quote for Bespoke Goods is not an offer and because of the potential for fluctuation in raw material prices shall only apply for a period of 60 days.
  • Sometimes we reject orders, for example, because a Product is unexpectedly out of stock, because you are located outside the delivery areas as stated on our website, because we are unable to obtain authorisation for your payment 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.  
• OUR PRODUCTS.
  • You can find everything you need to know about our Products on our website, in our catalogue or from our sales staff before you order. We also confirm key information to you in writing after you order either by email or on paper.
  • 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 some of our Products are handmade, sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 5%.
• BESPOKE GOODS.
  • Bespoke Goods are unique jewellery and silverware crafted specifically for you. This means that if you place an order for Bespoke Goods, the following will apply:
    • the payment conditions set out in paragraph 6.3; and 
    • Bespoke Goods are non-refundable and cannot be returned unless faulty or misdescribed – please see paragraph 9.1 for full details.
  • Where we’re making or supplying Bespoke Goods to measurements you provide, you’re responsible for making sure those measurements are correct. 
  • We will only use photos and/or videos of Bespoke Goods on our website, social media profiles, presentations and any other marketing material for the purposes of promoting our business when we have your consent to do so.  
  • We are the owner of all intellectual property rights in the designs we create. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You can only use our copyright with our consent. 
• PRICE & PAYMENT.
  • The prices for Products are as set out on our website, advertised in our brochure or store, or set out in an invoice. All prices are in UK pounds inclusive of VAT to all orders sent within the UK. For all other countries, you will be billed in UK pounds and if you purchase from outside the UK, factors such as currency fluctuations and credit card charges may make a difference to the final amount billed on your credit card (if not in £ sterling). Please see our website for delivery charges.
  • We charge you when you order or, in some circumstances, when we accept your order. For Bespoke Goods we take payment as set out in paragraph 6.3 below. You will own your Product once we have received payment in full, until then it remains our property.  
  • For Bespoke Goods, you must pay a deposit of 50% of the total price when you place your order. The remaining 50% must be paid on delivery or collection of the Bespoke Goods.
  • We accept payment for Products by debit or credit card. The following credit or debit cards are accepted: Visa, Visa Electron, MasterCard, Solo, Maestro and American Express.
  • We only accept cash payments in-store up to a specified amount. Please ask in store if you require further information.   

• If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

• If the rate of VAT changes between your order date and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
• DELIVERY.
  • For information about delivery of our Products purchased online, please refer to our website here, including for costs, timescales and delivery locations. 
  • For in-store and over the phone orders, delivery will take place when the Products are collected from our store. If you require us to send the Products to you, we will charge you a delivery fee. Please see our website here for delivery costs and timescales. 
  • For deliveries outside of the UK or the European Union, Products may be subject to tax or customs duty over which we have no control and you shall be responsible for paying these to the relevant entity or authority unless we are obliged to charge them prior to delivery.
  • Delivery will be made to the address provided to us when placing your order. 
  • We shall not be responsible for failure to deliver Products due to incorrect delivery instructions. It is your responsibility to ensure you provide the correct address and that someone is available to accept delivery. 
• WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OF OUR CONTROL.
  • If our supply of your Product is delayed by an event outside our control, 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 us (see our website here for contact details) to end the contract and receive a refund for any Products you have paid for, but not received.
• CANCELLATION, RETURNS AND REFUNDS. 
• Bespoke Goods 
  • Due to the unique nature of Bespoke Goods, it is difficult or impossible for us to resell them should you change your mind after ordering. Because of this, Bespoke Goods are non-refundable and cannot be returned (whether for an exchange or voucher) however they are purchased unless faulty or misdescribed.
• Discounted Products
  • Discounted Products are non-refundable and cannot be returned (whether for an exchange or voucher) unless purchased online, in which case you have a legal right to change your mind (as set out in paragraph 9.5) or if faulty or misdescribed.  
• In-store purchases (except Bespoke Goods or discounted Products)
  • Purchases made in-store are non-refundable unless faulty or misdescribed but you may be entitled to exchange them or obtain a voucher. For Products bought in-store, except those listed in paragraph 9.5.2 or discounted Products, you may request either an exchange or voucher within 14 days of receipt of the Products. The Product must be returned to us within 14 days and must be unused, in its original condition and packaging (including all labels and tags intact). Please see paragraph 9.7 for information about how to return the Products to us. The FAQs on our website provides further information about exchanges and when we will be unable to offer an exchange, for example, we can only exchange a Product for a Product of the same value. If we are unable to provide an exchange, you will not be entitled to a refund, instead we will provide you with a voucher for the value of the Product purchased by you.  
• Online or over the phone purchases
  • If you would like to cancel an order you have placed online or via the phone for Products except Bespoke Goods, please contact us. you may be able to cancel an order before it is dispatched. 
  • Your legal right to change your mind for Products bought online or over the phone:
    • Your legal right to change your mind. For most of our Products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs (standard delivery costs only, not any extra paid for express or other delivery services). This is subject to some conditions, as set out below.
    • When you can’t change your mind. You can’t change your mind about an order for:
      • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, such as earrings; 
      • Products which become mixed inseparably with other items after their delivery; and 
      • Products that are made to your specifications or are clearly personalised, such as Bespoke Goods.
    • The deadline for changing your mind. If you change your mind about a Product, you must let us know no later than 14 days after the day we deliver it. To let us know you want to change your mind, contact us or fill in the online form at here
    • You must return the Product to us within 14 days of your telling us you have changed your mind – please refer to paragraph 9.7 for more information.    
    • We reduce your refund if you have used or damaged a Product. If you handle the Product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product’s condition is not “as new”, price tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the Product, no refund may be due. We can advise you on whether we’re likely to reduce your refund.
    • When and how we refund you. If you tell us you’ve changed your mind about a Product that hasn’t been delivered or one that we’re collecting from you, we refund you as soon as possible and within 14 days. If you’re sending your Product back to us, we refund you within 14 days of receiving it (or receiving evidence you’ve sent it to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
  • Exchanges for Products brought online or over the phone. In addition to your other rights, for Products bought online or over the phone, except those listed in paragraph 9.5.2 or discounted Products, you may request an exchange within 20 days of receipt of the Products. The Products must be returned to us within 20 days and must be unused, in its original condition and packaging (including all labels and tags intact). Please see paragraph 9.7 for information about how to return the Products to us. The FAQs on our website provides further information about exchanges and when we will be unable to offer an exchange, for example, we can only exchange a Product for a Product of the same value. If we are unable to provide an exchange, you will not be entitled to a refund, instead we will provide you with a voucher for the value of the Product purchased by you.  

1. Information applicable to all returns and exchanges
   1. You have to return the Product to us. For any returns, exchanges or refunds (including where you have a legal right to change your mind or the Products are faulty or misdescribed), you must return the Products to us. You will be responsible for the costs of returns, except where the Product is faulty or misdescribed or unless we offered free returns when you bought the Product. You can:
      1. bring the Product to one of our stores. You will need your email receipt and the card you paid with.
      1. send the Product back to us, 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. Except where paragraph 9.5.6 applies, we will only process a return when we receive the Product. For help with returns, including our collection arrangements for Products which can’t be posted, please contact us. 
2. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT.
   1. If you think there is something wrong with your Product, you must either bring it into one of our stores or contact us (using the details available here). 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. 

1. WE CAN END OUR CONTRACT WITH YOU. 
   1. We can end our contract with you for a Product and claim any compensation due to us (including enforcement costs) if:
      1. you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due; or
      1. you don’t, within a reasonable time, either allow us to deliver the Product to you or collect it from us. If you have said you will collect the Product but you don’t do this within 7 days then we treat your order as cancelled and refund the purchase price. For Bespoke Goods, no refund will be due.
   1. In respect of Bespoke Goods, if we end our contract with you in accordance with paragraph 11.1 above, we may sell the Bespoke Goods and will only account to you with any proceeds of sale after we have collected the amounts due to us for the full value of the Bespoke Goods, our costs in selling the Bespoke Goods and any interest owed to us by you.   
2. WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS.
   1. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
      1. 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).
      1. Caused by a delaying event outside our control. As long as we have taken the steps set out in the paragraph 8. We’re not responsible for delays outside our control.
      1. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
      1. A business loss. It relates to your use of a Product for the purposes of your trade, business, craft or profession.
   1. Our total liability to you under these Terms shall not exceed 125% of the total price paid by you to us for the Product applicable to your claim.
   1. 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; or for fraud or fraudulent misrepresentation.
3. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY POLICY
   1. How we use any personal data you give us is set out in our privacy policy available here.
4. CHANGES TO THE PRODUCT AND THESE TERMS.
   1. We can always change a Product:
      1. to reflect changes in relevant laws and regulatory requirements; and 
      1. to make minor technical adjustments and improvements. These are changes that don’t affect your use of the Product. 
   1. We can also make the following types of change to the Product or these Terms, but if we do so we’ll notify you and you can then contact us to end the contract before the change takes effect and receive a refund for any Products you’ve paid for, but not received. 
   1. We may change these Terms from time to time by changing them on our website, although no such change will affect any order you have already placed with us. 
5. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT.
   1. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. 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. We can claim against you in the courts of the country you live in. 
   1. We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer, you can contact us to end the contract within 7 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. 
   1. 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.
   1. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
   1. 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 late.