TERMS & CONDITIONS

Legal documents

This website at the URL (www.ornamental.co) ("the Ornamental website") is owned by MA Designers LTD, a limited company registered in the United Kingdom under Central Business Register number: 11873825, whose registered office is at 49 Hanbury Street, E1 5JP, London, UK.

 

Products purchased via the Ornamental website will be sold to you by Ornamental, a company owned by MA Designers LTD registered in the United Kingdom under Register number: 11873825, whose registered office is at 49 Hanbury Street, E1 5JP, London, UK.

 

It is important that you read these terms and conditions ("Sales Terms") carefully before ordering any Products from the Ornamental website. Your purchase of Products via the Ornamental website will be governed by the Sale Terms. By ordering any Products, you agree to be bound by the Sale Terms.

 

1. Our Sales Terms

These Sales Terms apply to all orders and purchases made via the Ornamental website. Ornamental may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply on or after the date that the revised Sales Terms are published. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.

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Ornamental offers products for sale via the website to consumer customers. We reserve the right to not fulfil orders placed by non-consumers or by individuals who fail to comply with these terms.

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Concerning purchases made by you via the Ornamental website, we will usually communicate with you electronically by email, using the email address provided when you place an order.

 

Before placing an order of our products, you must read and agree to be bound by our sales terms.

 

2. Your account

If you create an account (personal user identification or username) on the Ornamental website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password.

 

By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account, unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than because of your negligence or carelessness.

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Ornamental makes no guarantee that its website or your account will be error-free or secure from bugs or viruses. You are responsible for your information technology and security and you should use your virus protection software. Please tell us immediately if your account or payment details have been lost or stolen. If we become concerned about the security of your account we may block access and usage.

 

3. Placing an Order

To be able to buy Products you must:

 

• Read and accept our Sales Terms;

• Provide your name and address, phone number, email address, payment details and other required information when creating your account;

• Provide an eligible delivery address in Great Britain;

• Be legally capable of entering into binding contracts; and

• Be the owner or authorised holder of a valid debit/credit card or PayPal account to make the payment for your purchase.

 

You may place your order after hitting the ADD TO CART button and proceeding to the checkout page. There, you will be offered the chance to review your order(s), read and accept our Sales Terms, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).

 

You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched.

 

The Ornamental website currently ships to all addresses within Great Britain excluding hotels, hostels, prisons, P.O. Boxes and BFPO (British Forces Post Office) addresses. We do not currently deliver to the Channel Islands or outside the UK.

 

4. Order Processing and Contract Formation
Once you have submitted your order(s) using the Ornamental website, we will send you an email acknowledging the receipt of your order(s) ("Thanks for your order! ") and setting out details of the ordered Product(s) and its/their delivery information.

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Ornamental may not always be able to accept your order and may choose not to accept your order at its sole discretion. For example (without limitation): pricing errors, insufficient stock, unusual orders or orders which Ornamental suspects are not placed in good faith. Please, consider that there may also be unexpected events outside of our control making us unable to fulfil your order.

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In case your order is not accepted, Ornamental will inform you via email, and if any payment has already been taken you will be reimbursed in full via the same payment method used. After receiving your order(s), Ornamental will check that the relevant Product(s) is/are in stock. A contract for the sale of Products between you and Ornamental, which will be governed by these Sale Terms, will only be formed when Ornamental emails you confirming that all or part of the Product(s) is/are still available and has/have been dispatched ("Delivery Confirmation").

 

The contract is formed upon Ornamental sending the Shipment Confirmation to you at the email address provided with your order. Please contact our Customer Care Team if you have not received your Shipment Confirmation within 72 hours of placing your order.

 

A contract for the sale of our Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. Ornamental will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.

 

If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact Ornamental as soon as possible using one of the methods set in the Contact Us section, otherwise, we will set out the Order Receipt Confirmation. It may not be possible to amend or cancel your order, or to prevent the dispatch of the Products, due to the speed with which orders are processed. If Ornamental is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to us or accepting the delivery and then returning the Products to us following our Returns and Refunds Terms.

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Please note that once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you.

 

5. Prices, Shipping and Handling, Charges and Taxes

The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and your Shipment Confirmation. All prices are payable in Great British Pound Sterling (GBP).

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In the event of a pricing error, whether on the Ornamental website or in an Order Receipt Confirmation or otherwise, you accept that Ornamental has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, Ornamental will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled and any amounts paid by you to us for the Products will be reimbursed. If you do not want to proceed with your order your sole remedy in the event of such a pricing error is to cancel your order.

 

You acknowledge that even after Ornamental has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then Ornamental will be under no obligation to provide the relevant Product(s) to you at the incorrect price.

 

Prices for the Products include taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related taxes) will be displayed on the screen before the completion of your order and will be confirmed in your Order Receipt Confirmation.

 

Prices for Products and shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).

 

6. Payment

Payments shall be made by one of the methods you have selected during the checkout process (Debit/Credit Card or PayPal).

 

Approved credit and debit card types are listed at the website checkout. In the event of Ornamental not receiving the appropriate authorisation from your card or payment service provider, Ornamental reserves the right to reject your order.

 

For most payment methods, payment for your order, including all applicable taxes, shipping and other charges, will be taken from the applicable card or payment service once Ornamental has sent you the Shipment Confirmation.

 

7. Delivery

Up to 2-4 days (excluding Sunday and bank holidays) should be allowed for standard delivery and 1 business day for next day delivery for orders places by 11am on the previous day, for in-stock items. Delivery shall in any event take place within 30 days after Ornamental has sent you the Shipment Confirmation. Ornamental reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The delivery option described is the only shipping option available for sales through the Ornamental website. Ornamental is unable to accept any special delivery requests.

 

If Ornamental cannot deliver your order within the period specified in your Shipment Confirmation, we will notify you as soon as possible. You may choose to cancel your order, in which case we will provide you with a full refund. If you choose not to cancel your order, we will endeavour to deliver your order within a reasonable period.

 

If you unreasonably defer delivery or delay the receipt of delivery after Ornamental has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided Ornamental with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to our company, your order will be cancelled and a full refund minus the delivery fee (if applicable) will be issued to you.

 

8. Events Outside the Control of Ornamental
Ornamental shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including, but not limited to:

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• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• strikes or lock-outs (or other industrial action);

• national or local states of emergency or enforced lockdown;

• interruption or failure of communication or transportation facilities;

• power or utility outages;

• cyber attacks;

• non-performance by suppliers or subcontractors

• earthquake, fire, explosion, storm, flood, subsidence, epidemic or another natural disaster;

• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• the acts, decrees, legislation, regulations or restrictions of any government.

 

In such circumstances, we will notify you and take reasonable steps to minimise any delay. If we are unable to fulfil your order because of any circumstances outside of our control, or if there is a substantial delay in our delivering your order, you may cancel your order and obtain a full refund.

 

9. Product Availability

Ornamental uses reasonable efforts to ensure the availability of Products you order from the Ornamental website. However, Products are made available to purchase on a "first in-first out" basis and are only available while stocks last.

 

10. Compatibility, Product Information

Please take care when placing your order to ensure that the Products you purchase are compatible with the intended use. Please use the Ornamental website as your final point of reference when checking compatibility. In the event of a difference between the Ornamental website content and any other website (or any other source of information) the compatibility of Products as shown on the Ornamental website at the time of purchase will be seen as taking precedence.

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Images on the Ornamental website may vary depending on your device's display quality. Whilst every effort is made to reproduce images of the Products in the most accurate way possible, these images are for illustrative purposes only and your Products may vary from those images for example, in colour, size, pattern and texture. The packaging of Products may also vary from that shown in images on the Ornamental website.

 

Please, also note that we work with natural products, so they may vary in size, shape and tone, and it is out of our control, being part of the individual character of each piece.

 

If the Products you have received do not correspond to the ones you have ordered, meaning they are completely not what you purchased, or if your delivery is incomplete or damaged in transportation, please contact us for assistance without delay, either via email or by phone or text message.

 

11. Title to Products

The ownership of the Products will pass to you only when Ornamental has received full payment in respect of your order, including all taxes, shipping and other charges. The Products will be at your risk from the time of delivery.

 

12. Returns and Refunds

 

*For cancellations under the Consumer Contracts Regulations

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you have a legal right to cancel your purchase during the cancellation period. The cancellation period begins on the date that the contract is formed (when Ornamental sends you the Shipment Confirmation) and continues until the end of 14 days starting on the day after you receive the Product. This cancellation right applies to both sale and non-sale Products but does not apply to Excluded Products as set out below. If the Product has been dispatched to you before you cancelled the purchase, you must return the Product to Ornamental within 14 days, starting on the day after you cancel the order. If you wish to cancel your purchase under the Consumer Contracts Regulations, you must follow the steps on our website (Returns page) and fill out our return form. If you cancel your purchase under the Consumer Contracts Regulations, Ornamental will refund you the full price you paid for the Product (including all taxes). Delivery costs of your purchase are non-refundable (if applicable).

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Once Ornamental has received and validated your returned Product, we will send you an email to confirm the validation. Any refund due to you will be made as soon as possible and in any event within the period of 14 days after the day on which Ornamental receives the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to our company. If the Product was not dispatched to you, you will be refunded within the period of 14 days after you inform Ornamental of your decision to cancel the purchase. Ornamental will refund you by the same method you used to make the payment.

 

Ornamental is entitled by law to reduce your refund to reflect any reduction in the value of the Product if this has been caused by your handling it in a way that would not be permitted in a shop. If Ornamental refunds the price paid before it has an opportunity to inspect the Product and later discovers you have handled it unacceptably or damaged it, you must pay to Ornamental an appropriate amount.

 

*Returns under the Ornamental website enhanced cancellation policy

In addition to your rights under the Consumer Contracts Regulations, if for any reason you are not completely satisfied with your purchase from the Ornamental website, you can return non-sale Products purchased from the Ornamental website within 14 days of receipt of the Products for a refund. If you wish to cancel your purchase, you must follow the steps on our website (Returns page) and fill out our return form.  Ornamental operates with a free-return delivery policy, meaning you will have no cost when returning a product to our premises.

 

Once Ornamental has received and validated any returned Products, we will send you an email to confirm the validation. Your refund will be processed within 14 (fourteen) days of Ornamental emailing you confirming the receipt and validation of your returned Product.

 

Any Product returned under the Ornamental website enhanced cancellation policy must be in a new, unworn and resalable condition and Ornamental reserves the right to refuse a refund where the product is returned damaged or showing signs of use or wear.

 

Please note that these enhanced return rights do not apply to sale Products or any Excluded Products. This does not affect your rights in law as a consumer including your right to return products under the Consumer Contracts Regulations and your right to return faulty products under the Consumer Rights Act 2015.

 

*Returning Products that are faulty or not as described 

Our handmade products are accompanied by a warranty period of 30 days from the date of purchase. Despite our meticulous craftsmanship, natural wear and tear is an inherent possibility over extended usage. Please note, our products do not carry a lifetime guarantee, and typically, replacement or refund options for faulty products are available within a 30 days of purchase. 

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The durability and lifespan of our products heavily rely on proper care and usage. Exposure to harsh conditions, accidental damage, or misuse may impact the functionality of our products. We kindly advise referencing the care instructions provided upon purchase for optimal product maintenance.

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If you need to return any Product because you believe it is faulty or not all as described, you must contact the Customer Care Team for further assistance before returning your product, either by using our contact us chat or email.

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Once you have returned your Product following our instructions and your refund has been approved by Ornamental, we will refund in full the price of Products (including sale Products) that are faulty or not as described, together with all applicable delivery charges (including any premium paid for non-standard delivery), and any reasonable costs you incur in returning the item.

 

*Exceptions

If you do not return a Product fails to arrive and you are unable to provide proof of postage), Ornamental reserves the right to refuse a refund.

 

*Promotions

If you participate in an Ornamental promotion additional terms may apply. Please verify the terms of each promotion.

 

13. Liability

Ornamental warrants to you that any Product purchased from the Ornamental website is of satisfactory quality and fit for all the purposes for which products of the same kind are commonly supplied.

 

Ornamental is only liable for foreseeable loss and damage. Ornamental is not responsible for any loss or damage that is not foreseeable. 

In particular, nothing in these Sales Terms excludes or limits in any way the liability of Ornamental:

• for death or personal injury caused by Ornamental negligence;

• for fraud or fraudulent misrepresentation;

• under section 2(3) of the UK's Consumer Protection Act 1987 or for any breach of your consumer rights relating to products; or

• for any matter for which it would be illegal for Ornamental to limit or exclude, or attempt to limit or exclude, liability.

 

14. Contact Details

Ornamental Customer Care Team will assist you with any Ornamental website order-related questions or complaints. You can contact the Ornamental Customer Care Team in the following ways:

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• via Live chat on our website;

• by Emailing Ornamental 

• via WhatsApp Ornamental Chat

• via Messenger Facebook Chat

• by Telephone speaking to one of our Customer Care Team

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15. Transferring rights and obligations to another person or organisation

These Sales Terms are binding on you and Ornamental. It will also be binding on any person or organisation to which Ornamental might transfer its rights and obligations. You may not transfer or otherwise dispose of your contract with Ornamental, or any of your rights or obligations arising under it, without Ornamental prior written consent.

Ornamental may transfer or otherwise dispose of a contract with you, or transfer any of Ornamental rights or obligations arising under it, at any time. If you have an outstanding order with Ornamental at the time of any such disposal or transfer, you will be contacted if we and you may cancel your outstanding order if you do not want to proceed.

 

16. Third Party Rights

Other than Ornamental, any person who is not a party to the contract between you and Ornamental is not entitled to enforce any of its terms.

 

17. Intellectual Property Rights

The content on the Ornamental website including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name Ornamental is the sole property of Ornamental or its licensors.

 

18. Data Protection

Any personal data collected and processed by Ornamental is governed by our privacy policy. Please read our privacy policy for further information on how Ornamental processes personal data collected from users of the Ornamental website.

 

19. Waiver

If Ornamental fails, at any time, to insist that you comply with your obligations under these Sales Terms, or if Ornamental does not exercise any of its rights under these Sales Terms, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. Ornamental can still require you to comply at a later date.

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20. Entire Agreement

These Sales Terms and any document that we have referred to within them (including via hyperlink) represent the entire agreement between Ornamental and you and take precedence over any other previous agreement or representation made to you whether oral or in writing.

You acknowledge that, in entering into a contract with Ornamental, you have not relied on any representation or promise given by Ornamental or anyone else except as set out in these Sales Terms.

 

21. Governing Law and Jurisdiction

These Sales Terms and your purchase of Products from Ornamental through the Ornamental website shall be governed by and construed following the laws of England. Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Ornamental (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, Scotland or Wales you may also bring proceedings to your local courts.

 

*Last updated 14th November 2021