Terms & Conditions

OVERVIEW

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

This website is operated by Bonschelle. Throughout the site, the terms “we”, “us” and “our” refer to Bonschelle Jewellery. Bonschelle offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using the site you indicate that you accept these terms of use and that you agree to abide by them.These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. In order to purchase goods from the website, or register a customer account, you must read and accept to be bound by these terms and conditions, which constitute a legally binding agreement between you and Bonschelle.

The business owner reserves the right to change or amend the agreement to meet business or legal requirements. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  As agreement is required at checkout, if you place an order you will be up to date with the latest terms and conditions. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 

Bonschelle Shipping & Returns page forms part of these Terms and Conditions.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Please see the section 'Shopify' below for more details. 

We will not be liable if for any reason our site is unavailable at any time or for any period. At times we may restrict or suspend use of the website (for example for maintenance purposes or system upgrades). Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

The business owner is the owner and the licensee of all intellectual property rights in the site, and in the material published on it, unless expressly stated otherwise. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Changes may be made to the content of the website at any time at our discretion.

It is not necessary to register with Bonschelle in order to use most parts of this website. However, particular areas of this Website, e.g. Account pages, will only be accessible only if you have registered.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties, limited liabilities

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bonschelle Jewellery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Bonschelle Jewellery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Information

Questions about the Terms of Service should be sent to us

Products or Services

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Bonschelle products are handmade and therefore items may vary slightly from the product images shown on this website in terms of pattern or colour placement, depending on the design.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to withdraw or amend any service or product we provide on this site without notice and to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Pricing and Payment

Orders for Bonschelle products are made online via this website. Payment for items is made at the time of the order. Payment can be made by major credit/debit cards through Shopify Payments or  PayPal. You are not required to hold a PayPal account to pay with a credit/debit card through PayPal. You can find out more about the secure checkout process on the Shopify Payments information page and  Paypal security information page.

You must pay for the goods and delivery when you place your order. Once checkout for an order is completed the customer will receive an automated confirmation email.  We remain free to decline all or part of your order at any time before we decide to accept it. We will send an email to tell you if we decide to decline your order for any reason.

Price of goods are shown on the product description page. Delivery charges will be added and displayed during checkout.

VAT is not currently charged on Bonschelle products.

All our jewellery products are hand-made. The total delivery time will therefore include the time to make the item and the time it takes to deliver it. Please note that although we make every effort to make and despatch items as quickly as possible, we can not be held responsible for delays caused by the delivery carrier.

A 'signed for' or a 'signed and tracked' delivery service will be used for jewellery items. Please ensure someone is available to sign for and receive your order. You have the option during checkout to assign a different delivery address to your billing address. It is the customer's responsibility to ensure delivery address is correct at checkout. Refunds can not be made for non-delivery of items due to incorrect address information supplied. Customers are responsible for any duties and customs charges. Current estimated delivery times are given on our Shipping page. All delivery options offered are available during checkout.

Refunds and Returns

We will be happy to refund any items that you are not happy with. Please contact Bonschelle first if you wish to return an item so the correct returns address can be supplied.

If you change your mind about your order the items must be returned in the same condition they were received in the original packaging within 14 days of receipt for a replacement or refund as specified below (Please see also section 'Order Cancellation' below).

It is the customer's responsibility to ensure delivery address is correct at checkout. Refunds can not be made for non-delivery of items due to incorrect address information supplied.

Faulty items received will be refunded the cost of the item including postage paid on the order using the payment method used for the original order, for faulty items within 30 days of purchase. A replacement may be issued instead of a full refund if so requested. After 30 days items will be repaired or replaced.

We will confirm receipt of your returns information within 2 working days. The customer will pay for the cost of returning goods, unless the goods are faulty.

It it is highly recommended that proof of posting be obtained or goods be returned using a 'signed for' mail delivery service to ensure the returned goods have been received by us. Refunds can not be made if items have not been returned to us, and there is no proof of postage.

Please contact us for the correct returns address.

If you have any further questions about returning or cancelling orders please contact us, we are happy to help. 

Please note we can not accept returns for earrings for hygiene reasons, and for custom orders or personalised items. 

As a UK seller we comply with and implement UK Distance Selling Regulations. For more details please visit http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

Order Cancellation

You have the right to cancel an order without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform Bonschelle using the contact form on this website of your decision to withdraw from this contract by an unequivocal statement. If notification is by email or contact form the following information must be included:

- Order Number

- Product Code

- Item Description

- Date Ordered

- Your name

- Your address

- Your email address.

We will communicate to you an acknowledgement of receipt of such a cancellation within 2 working days. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

If you cancel your order within the time frame and manner specified above, we shall reimburse you payments received from you for the goods, including the costs of delivery of those goods to you where applicable, not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.

If you have received the goods prior to, during or after cancellation, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Reimbursement will be then made within 14 days of having received the goods back from you, or having received proof of posting from you (whichever is earlier). You will have to bear the direct cost of returning the goods., It will be your responsibility to send back the goods without delay (our address can be found on the contact page) and not later than 14 days from the day on which you communicate your request for cancellation of the order. The deadline is met if you send back the goods before the period of 14 days has expired.

Goods must be returned in good condition, unworn and in their original packaging for jewellery items, and unopened for non-jewellery items. Bonschelle can not accept responsibility for loss of or damage to goods returned under order cancellation. It is highly recommended that proof of posting be obtained and goods be returned using a 'signed for' mail delivery service to ensure the returned goods have been received.

Returns and Order Cancellation conditions are compliant with UK regulations.

PRIVACY POLICY

Users Personal Information

Personal information obtained through account registration and checkout will be used solely for the purposes of completing orders of goods purchased from this website, any correspondence regarding orders, and for email newsletters (the latter only if the user has opted to subscribe to the newsletter).

The following data about you may be collected and processed:

- Information that you provide by filling in forms on this site. This includes information provided at the time of account registration, making a purchase, or newsletter subscription. Personal information submitted through account registration or checkout may be used to contact you in the event of any delivery or order problems.You may also be asked for information if you report a problem with this site.

- If you contact us, we may keep a record of that correspondence.

- When you place an order, we also automatically receive your computer’s internet protocol (IP) address for fraud prevention.

- If you have subscribed to the website's newsletter your personal information such as name and email address will be used in order to send the newsletter to you. You can unsubscribe at any time from receiving the newsletter through your Bonschelle account pages or through the link provided in the newsletter. Personal information provided for newsletter subscription only (i.e. not for account creation) will be retained for as long as newsletters are continued or until you unsubscribe.

Any email marketing campaigns implemented by this website or it's owner may contain newsletter standard tracking facilities within the email for activities such as (but not limited to) the opening of emails,  and the clicking of links within the email content. This information may be used to develop or modify future email campaigns. Such activity as described may be tracked and stored in a database for future analysis and evaluation.

If after you opt-in you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us.

This website and it's owner will never knowingly share any personal information with third parties except in the in the following circumstances:

- With our email newsletter service provider strictly for the purpose of creating and send you newlsetters (only if the user has subscribed to our newsletter). Our newsletter provider is GDPR compliant.

- Where we are legally required by law to disclose your personal information.

- To further fraud protection and reduce the risk of fraud.

- If you violate our Terms of Service.

- For payment processing by our payment providers

This privacy policy is compliant with the UK Data Protection Act and GDPR.

In accordance with the Data Protection Act 1998 and GDPR you have the right to access any information that we hold relating to you.

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us.

Accounts

If you register an account with Bonschelle you will be asked to choose a login password. You will need to log on to this website with your own account login name and password in order to have access to your account information. You may change your password at any time by logging into the site and accessing your Account pages. It is your responsibility to ensure that all information you give is accurate, complete and up-to-date. You must keep your account name and password confidential to prevent unauthorised users from having access to your account.

If you believe your account has been accessed without your authorisation, or has been compromised, you must notify us immediately via the Contact Page.

You are responsible for all activity on your account, for example, purchases, returns and cancellations.

We reserve the right to suspend or cancel any customer account without notice or explanation. You may cancel your account at any time without notice or explanation by advising us requesting your account be closed via the Contact Page form.

Communications

Users contacting this website and/or it's owner do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or until you request it's removal.

Communications from  account, checkout, new customer registration, returns and gift voucher ordering pages are encrypted ('https' will be displayed in your browser bar for those pages). Every effort has been made to ensure a safe and secure form submission process but advise users that they do so at their own risk. 

Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall and are GDPR compliant.

Payment:
If you choose Shopify's direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide your credit card information, the information is encrypted by Shopify using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, Shopify follows all PCI-DSS requirements and implement additional generally accepted industry standards.

Third-party links

This website may use social sharing buttons which help share web content directly from this website's pages to the social media platform in question. Users use such social sharing buttons at their own discretion. Note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Users should take care to engage with social media platforms with due care and caution regarding their own privacy and personal details. This website nor it's owner will ever ask for personal or sensitive information through social media platforms.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Third Party Services

In general, the third-party providers used by us (payment gateways and newsletter provider) will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 Cookies

Cookies are very small text files that are stored on your computer when you visit some websites to collect information about how you browse a site. They do not contain any personally identifiable information such as name or email address. You can get more technical information about cookies and how to delete or manage them at AboutCookies.org .

We use cookies for the operation of the website. You can disable any cookies already stored on your computer, but these may stop our website from functioning properly.

• Functional Cookies:

This Website will track the pages you visits via Google Analytics. Google Analytics uses cookies to track visitor usage. A cookie will be saved to your computers hard drive in order to track and monitor your usage of the website but it will not store, save or collect personal information. You can read Google's privacy policy here for further information  http://www.google.com/privacy.html .

Other cookies:

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

• Targeting Cookies

This Website will allow you to share pages with social networks such as Facebook and Pinterest (if available).

 

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.