TERMS OF USE OF OUR WEBSITE
Terms of use of our website
Thank you for visiting ethosoflondon.com (Website). We have prepared the information below to ensure that your experience on our website is a positive one. Please review the following basic rules that govern your use of the Website here as well as these terms of use. Since Ethos of London may revise this agreement at any time and you should visit this page periodically to review this information. Should you have any questions concerning any of our policies, please contact us at customercare@ethosoflondon.com
- About us
We are Ethos of London Ltd and we operate the Website. We are a company registered in England and Wales and our registered office is at 2b Haddo Street, London, SE10 9RN. Our registered company number is 13029025. We provide third party retailing services (as defined below) to you through the Website.
When you purchase products using the Website, you are purchasing them from the third party retailers ("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 not a party to that contract and you are not purchasing the products from us. We allow the Partners to sell their products via the Website. Therefore, while we as a service provider help facilitate transactions that are carried out through the Website, we are neither the buyer nor the seller of the Partners’ products. We provide a service (Service) for the Partners and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale of the Partners’ products is solely between buyer and the relevant Partner. We are not a party to this contract nor do we assume any responsibility arising out of or in connection with it nor are we the Partners’ agent. The Partners are responsible for the sale of their products and for dealing with any buyer claims or any other issues arising out of or in connection with the contract between them and their buyers.
- Our services
The Services we offer allow you to search through the Website and purchase products from a number of Partners: Jewellery Designers, Artists and other Brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
- Our responsibility for loss or damage suffered by you
- 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 and for fraud or fraudulent misrepresentation.
- If you buy products from a Partner via the Website you acknowledge that your contract in respect of the sale of the goods is with the Partner, not us.
- Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Making a Purchase
When you find an item you wish to purchase, simply select your size (there is a size guide available) and the quantity, then click ‘Add to bag’. You can continue shopping and add more items to your bag and/ or wishlist, or you can proceed to checkout. Once you have placed your order, you will receive an email confirmation before we start processing it. Your order will then be shipped directly to you.
Your order shall only be deemed to be accepted when it is confirmed by us at which point and on which date the contract between you and the Partner in relation to the products that you have purchased shall come into existence.
Your order may not be accepted and/or cancelled if (i) an item you have ordered is out of stock, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorisation for your payment or (iv) if we identify a product or pricing error. In addition we reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
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 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 we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can’t supply any Item we will release back to you the funds being held in your account for the purchase.
- Shipping & Delivery
Please note that the delivery logistics services are being provided by us to you and as such you are entering into a contract with us for delivery services provided. We make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the product(s) have been delivered to you by the courier at which point we will have fulfilled our contractual obligation to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us of our contractual obligations in relation to delivery of the goods.
Estimated delivery times are displayed on the product information page. The estimated delivery date of the products will also be stated in your order confirmation email. Delivery times may vary depending on the availability of the products and your delivery address. However, see estimated times as a guide below:
‘In Stock’ items delivery times are estimated between 1 to 4 weeks.
‘Made to Order’ items delivery time are estimated between 6 to 8 weeks.
We will try to ensure that your order is delivered by the estimated delivery date stated in your confirmation email, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. 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.
If you purchase products for delivery to an international destination or coming from an international location, your order may be subject to import duties and taxes which are applied when the package reaches that destination. 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.
- Payment
When you submit your order, we carry out a standard pre-authorisation check on your payment card and products will not be dispatched until the details you have provided are verified. When you pay (by debit card or credit card) we will take payment at the point your order is placed on the Website.
The currency that you shop with is determined by your shipping destination and will be displayed at checkout before completing your purchase. If your local currency is unavailable, your order will be charged in USD for a competitive exchange rate.
- 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 services 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.
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, business or re-sale purposes. You further agree that you will not export, re-export, or otherwise transfer the products to other countries or territories for any sales or commercial purposes.
- Returns and Refunds
If for any reason you are not satisfied with your purchase from Ethos of London, you must contact our customer service team at customercare@ethosoflondon.com to notify us of your proposed return.
All returns requests must be received within 7 days from the time you receive the item. Taxes, duties and delivery charges are non-refundable.
After notifying us of a return, we will send you a return shipping label, as well as instructions on how and where to send your package.
If you purchase products coming from an international location and then wish to return them, your return may be subject to import/export duties and taxes which are applied when the package is returned to our partner. You must cover the cost of such duties and taxes and comply with all applicable laws and regulations of the country to which the item(s) are destined to be retuned to. We will not be liable or responsible if you breach any such laws or for any duties or taxes payable.
**PLEASE NOTE ~ we do not accept returns on earrings due to hygiene and safety reasons. We are also unable to accept returns for made-to-order/bespoke items unless they are faulty.**
To be eligible for a return, items must be returned unused, unworn, undamaged, in their original condition with the original tags attached. The items must also be in their original packaging and returned from the original delivery country.
All return shipment must be insured by you for the full GPD amount as you are under a duty to take reasonable care of the goods and you will be liable for any loss and damage to them until we are in receipt.
In case of a dispute arising, we also recommend you retain proof of dispatch. Refunds will be issued within 30 days of us (or the relevant Partner) receiving the item back in accordance with the above terms.
All ‘Made to Order’ or customised or bespoke sales are final, and are exempt from the return and refund policy due to the personal service being provided to you. ‘Made to order’ includes any item(s) not in stock, which has to be made especially for you.
Faulty items - many of the jewellery pieces on the Website are made by hand. The designers prides themselves on high quality craftsmanship and the fact that each piece is unique, therefore small variations will always occur in the creation process. This can result in small differences from photographs of items on the Website and the item you will receive. Stone and metal colours may vary slightly and sizes are accurate to a reasonable degree and tolerance.
Organic imperfections are an inherent part of craftsmanship therefore small imperfection due to the hand made nature of the art and jewellery will not be considered to be a structural fault.
However, if an item you have ordered is not as described or is structurally faulty, you may return it to us within 7 days of receiving your order, and we will liaise with the Partner on your behalf. Once the item is returned and received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a replacement or repair of the item where possible, or a gift voucher for the same value (this will be agreed on a case by case basis by us). We will advise you of when the product will be collected from you and will cover the cost of retrun and organise the return of any structurally faulty product.
9. Ethos of London Partners
If you are purchasing products directly (i.e. not via the Website) from any of the designers, artist or brands that we partner with, then additional or different terms may apply to you.
As stated above, the contract for the purchase of the products is between you and the relevant Partner. We ask that all Partners using the Website have and maintain reasonable business policies which are aligned with our own business ethos. We cannot, however, be responsible for the Partners’ business policies. Nevertheless, 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. However, ultimately and subject to these terms, we cannot be held responsible for or liable in relation to the outcome of any dispute that you have with a Partner in relation to products purchased from them.
Acceptable Use Policy
- 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 - to be eligible to purchase products from the Website you must be over 18 years of age and the holder of a valid debit/credit card. You also warrant that the personal information which you are required to provide when you register as a customer on the Website is true, accurate and current in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. By using the Website you agree to comply with, and be bound by, these terms. We may from time to time amend these terms at our sole discretion. By using the Website after any such amendment, you agree to comply with, and be bound by, the terms as amended.
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 the terms of this policy and 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 such communications must 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 may 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 of this policy 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) Linking - 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.
(d) Our liability in relation to the Website - we may update or amend 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.
- 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.
