TERMS AND CONDITIONS
Please read these terms carefully before you submit your order to us.
By using this website and making purchases from Francesca Marcenaro you agree to these terms and conditions.
This website (www.FrancescaMarcenaro.com) is owned by Francesca Marcenaro.
Our principle activity is designing and making jewellery.
These terms are designed to clarify the principles and procedures by which we operate and constitute an agreement between you and Francesca Marcenaro(‘us’ or ‘we’).
Francesca Marcenaro may change these terms at any time, but this right shall not affect the existing Terms and Conditions accepted by the buyer upon making the purchase.
Please review these terms and conditions regularly to make sure you are aware of any changes made. If you do not agree to all the following terms you should not use this site.
These terms and conditions are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, designs, title of pieces, title of collections, all brand names, and other intellectual property and material rights, relating to Francesca Marcenaro items are owned by us.
All intellectual property rights associated with items created under the ‘made to order’ or ‘commission’ options are and will remain the property of Francesca Marcenaro. Any utilisation, reproduction, even partial of the designs, models, brand names, and title of collections or pieces is totally prohibited.
Any reproduction or redistribution of the above is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location, support for publication, or reproduction.
Please note that every Piece is handmade by Francesca Marcenaro and each one is slightly different to make it “unique”. The images on our website are for illustrative purposes only: we make every effort in presenting the products on our website as accurately as possible, but we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Piece(s).
If you have any doubts about any specification of the Piece(s) you wish to order, please contact us before you order it on our website.
Note that you are responsible for ensuring that the measurement and information are correct while you are placing an order.
FRANCESCA MARCENARO’S RIGHTS
Due to the change of prices in the market of stones, metals, and pearls we reserve the right to periodically update prices on the website.
We will make every effort to ensure prices are correct at the point at which the buyer places an order.
We reserve the right to take away any products from the website at any time.
Francesca Marcenaro will not be liable to anyone for withdrawing any products from the website or for refusing to process an order.
WAIVER
No waiver by Francesca Marcenaro (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
ORDERS
Our shopping pages on our website will guide you through the steps you need to take to place an order with us.
We reserve the right not to accept your order, if for example we are unable to make it within a reasonable time, because of unexpected limits on our resources, because we have identified an error in the price or description of the Piece(s), because shipping restrictions apply to a particular item, if the payment has been declined or for any other reason at our sole discretion.
If we are unable to accept your order, we will inform you.
Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and therefore are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site.
PRICE AND PAYMENT
The price of Francesca Marcenaro Pieces shall be as stipulated on the website. All of our prices are in GBP. You will be billed in GBP and if you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card. Francesca Marcenaro will not be liable for any variances in price due to exchange fluctuations. For overseas deliveries, you – as the buyer – are responsible for any other taxes or duties (such as import duties) payable on Francesca Marcenaro’s products. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Francesca Marcenaro constantly checks to ensure that all prices shown on the site are accurate. However we cannot guarantee that no errors have occurred. Should an error in the price of a product occur we will give the Client the option of re-confirming the purchase of the product at the correct price or cancelling the order. If Francesca Marcenaro is unable to contact the Client, the order will be considered cancelled.
Francesca Marcenaro reserves the right to change the price of products offered on the website at any time and without prior notice.
Francesca Marcenaro uses Paypal to process payments, which accepts most credit and debit cards. Payments are processed at the time of ordering, however we only process orders that have been screened and accepted by PayPal.
PayPal is a secure online payment gateway that encrypts your card details in a secure host environment. We do not hold your payment card details on our website or on our database and assume no responsibility for the provision of this service or for any financial loss incurred through the use of the PayPal payment service.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the card issuer does not authorize payment, we cannot process the order.
In the event that your order is flagged by a ‘warning’ or ‘caution’ from PayPal, we will contact you for further information required. Without this further information being given within 3 working days, we will cancel your order and you will be refunded by PayPal.
When giving address details please note that there is a difference between the delivery address and invoice address areas of the order form. Your billing address is where your credit/debit card is registered to.
If you would prefer to make a payment via a bank transfer, please get in touch for arrangements to be made. Orders will only be dispatched when your payment has cleared and been received. Please note that this can take up to 5 working days.
DELIVERY
We will send the Piece(s) to you as soon as possible compatible with the time it takes to make it, in any case no more than six weeks.
The Piece(s) will be your responsibility from the time we deliver it to the address you gave us or from when you collect it from us.
You own the Piece(s) once we have received payment in full.
We will not be responsible for supplying the Piece(s) late or not supplying any part of them if this is caused by you not giving us the further information we need within a reasonable time of us asking for it.
Items for delivery within the UK will normally be sent using Post Office “Special Delivery” services and the cost of this will be added to your shopping bag at the time of ordering.
Orders to destinations within the EU and other World destinations will normally be sent using “Royal Mail Signed For” or “Royal Mail Airsure” (depending on local mail restrictions) and the cost of this will be added to your shopping bag at the time of ordering.
Other courier services can be used on request. You may contact Francesca Marcenaro for a quotation of an alternative service.
We recommend placing your orders early at particularly busy times, (such as Christmas) to make allowances for delivery delays. Francesca Marcenaro will not be liable for any delays in the delivery date.
All deliveries require a signature so please supply us with an address at which a parcel can be signed for. Within the UK, if you miss a delivery it should be taken to your nearest Royal Mail sorting office where you can arrange redelivery or to collect it.
Risk of Francesca Marcenaro’s products shall pass to the buyer upon delivery of the products, or where the buyer fails to take delivery at the agreed time, at the time of the delivery was attempted.
EVENTS OUTSIDE OUR CONTROL
Francesca Marcenaro shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from the events or circumstances outside of its reasonable control, including but not limited to, pandemics, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply and Francesca Marcenaro shall be entitled to a reasonable extension of its obligations.
If an event outside our control takes place that affects the performance of our obligations under the contract we will contact you as soon as reasonably possible to notify you. Our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Product(s) to you, we will arrange a new delivery date with you after the event outside our control is over.
RETURNS
Please note that we don’t have any stock: every piece is made to order. For this reason we don’t do returns.
However, we change faulty items that will only be accepted if the goods are delivered to the customer damaged. We are only able to exchange a faulty item for the same item.
You must email us within 3 days of receipt of your order.
To return a faulty item it must not have been worn and in the original condition and packaging.
In case of a faulty item we will let you know if the change is possible. We refund you the price paid just after our inspection of the Piece(s).
If we cannot make the change or the consequences of making the change are unacceptable to you, you have the right to end the contract.
LIABILITY
Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these Terms and Conditions by Francesca Marcenaro the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the Francesca Marcenaro products and Francesca Marcenaro shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
NOTICES
Any notice to be given under this agreement shall be in writing and sent to our email address francesca@francescamarcenaro.com . All notices from us to you will sent to the email address you provided.
The terms of the contract are governed by English law. This means the contract for the purchase of Product(s) through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
CONTACTS
You can contact us by emailing us at francesca@francescamarcenaro.com
If we have to contact you we will do so by telephone or by writing (emails as well) to you at the email address or postal address you provided to us in your order.