Terms of service

TERMS AND CONDITIONS

INTRODUCTION

Thank you for visiting www.sophiebreitmeyer.com (herein referred to as the “Site”). The following terms and conditions (the “Terms”) apply when you as a consumer place an order through our Site or by email or use sophiebreitmeyer.com and associated pages (including in store purchases). Your use of the Site implies that you agree to comply with these Terms. Sophie Breitmeyer may modify or make changes to these Terms at its complete discretion following your previous visit to the Site and/or online purchase. Therefore, please read and understand these Terms carefully before making any purchase from Sophie Breitmeyer. These Terms do not affect any statutory rights you may have as consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charged) Regulations 2013 or the Consumer Rights Act 2015) (“Statutory Rights”). 

These Terms apply to the sale of: (i) the Sophie Breitmeyer Collection; and (ii) commissioned and bespoke pieces, as described below. Please refer to the relevant terms that apply to our sale to you as set out below. We ask that you carefully read the Terms before any further use of the Site. 


CONTACT INFORMATION

In these Terms “we” or “Sophie Breitmeyer” means Sophie Breitmeyer Limited whose registered office address is Lake House, Market Hill, Royston, Herts, United Kingdom, SG8 9JN and with company number 14725481.

The Sophie Breitmeyer studio is located at 24 Powis Terrace, London, W11 1JH with telephone number +44 (0) 2037423543.

For any inquiries regarding these Terms, please email studio@sophiebreitmeyer.com 

 

THE SOPHIE BREITMEYER COLLECTION

ELIGIBILITY TO PURCHASE 

The purchase of products is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law. This includes the requirement to be at least 18 years of age. 

When ordering items, you will be required to provide payment details and you must represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.  The Site is available only to individuals and others who are in compliance with these Terms, who have been issued a valid credit or debit card by a bank, whose applications are acceptable to Sophie Breitmeyer and who have authorised Sophie Breitmeyer to process a charge to their credit or debit card in the amount of the total purchase price for the goods which they purchase. 

Purchases made on the Site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Sophie Breitmeyer reserves the right to restrict or question multiple quantities of an item being shipped to any one customer or postal address. 

Please note that by making an offer to purchase goods from the Site, you expressly authorise Sophie Breitmeyer to perform credit checks and, where Sophie Breitmeyer feels reasonably necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.


REGISTRATION

In order to purchase the products on the Site, you will need to register. 

When you register, you are required to provide information about yourself that is true, accurate, current and complete. If any of your personal registration information change, please notify us immediately at the following e-mail address studio@sophiebreitmeyer.com. Sophie Breitmeyer may change the registration requirements at any time following your order or visit. 


ACCEPTANCE OF YOUR ORDER 

We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form.

Our acceptance of your order brings into existence a legally binding contract between us. This sale contract is concluded in London, England and the language of the contract is English. 

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

RETURNS

Your right to cancel your contract with us for all goods within a collection that you have ordered is subject to the following terms (this does not affect your Statutory Rights):

      • Your not having worn or damaged the jewellery.
      • Your return your goods to us within 7 days of receiving your order as per the return instructions enclosed within the order. 
      • The items must be packed securely in the packaging in which you received it. We are not liable to you if the jewellery is returned to us broken. You must at the same time return any accessories sent with the item (including, but not limited to, jewellery box and certificates). 
      • The items must be returned by hand or alternatively via Royal Mail Special Delivery (the equivalent maybe used from a different freight handler)
      • Once we have received the item(s) we will notify you by email and the appropriate action will be taken immediately. 

Contracts for the purchase of Bespoke Goods, as defined below, cannot be cancelled other than at the discretion of Sophie Breitmeyer. 

Once Sophie Breitmeyer has confirmed your return, any sum debited from you credit card will be credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.


CANCELLED ORDERS 

Sophie Breitmeyer is anxious to ensure our clients’ total satisfaction. After each purchase from the Site you have the right to a 14 day “cooling off period”. Subject to the conditions outlined above, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day from the date you receive the ordered goods.

We reserve the right to cancel the contract between you and us if:

      • We have insufficient stock to deliver the goods you have ordered;
      • We do not deliver to your area; or
      • One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from suppliers.


If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.


PRICING AND PAYMENT

The prices payable for goods are set out on the Site. All prices are in UK pound sterling. You will be billed in pounds sterling and if you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed. 

Our delivery charges are set out below. It might not be possible for us to deliver to some locations. Please check with us if you are unsure. If you are buying from outside the UK, you will also incur any duties levied by the jurisdiction to which you have specified delivery. We will contact you with this amount before completing your order.

Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards.

Payment will be debited and cleared from your account upon receipt of your order by Sophie Breitmeyer. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Sophie Breitmeyer we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Shopify Payments & Tyl by Natwest, secure online payment gateway that encrypt your card details in a secure host environment. 


DELIVERY AND INSURANCE

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.

All orders within the UK are delivered using Royal Mail Special Delivery. 

For delivery within the UK we charge a flat fee of £7.50 and the delivery will arrive the next working day on all orders placed before 2pm. For urgent orders within London postcodes, you can use our London Premier service for which we charge a flat fee of £15 for same day delivery on orders made before 2pm.

For delivery within the EU we charge a flat fee of £10 and the delivery will arrive within 3-5 working days, with a Priority Service available.

For Non-EU International delivery we charge a flat fee of £15 and the delivery will arrive within 3-7 working days, with a Priority Service available.

You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.


DAMAGED, DELAYED OR DEFECTIVE GOODS 

We honour our legal duty to provide you with products that are as described to you on our Site and that meet all the requirements imposed by law. If, on arrival, the goods are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question on studio@sophiebreitmeyer.com.

If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:

  • To make good any shortage or non-delivery.
  • To replace any goods that are damaged or defective.
  • To refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as mentioned above.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

A product's true colour may not exactly match that shown on your device or in our marketing owing to the nature of gemstones and other natural materials. The jewellery (and its packaging) may also appear slightly different owing to the handmade nature of the product. 

 

COMMISSIONED AND BESPOKE PIECES 

Alongside bespoke commissioned orders, there are some pieces available for sale on the Site which can be personalised, engraved or made to your specifications. Sophie Breitmeyer considers these items to be bespoke (“Bespoke Goods”). This section of the Terms applies to the sale and purchase of Bespoke Goods only. 


ELIGIBILITY TO PURCHASE 

The commission of products is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law. This includes the requirement to be at least 18 years of age. 

Purchases made are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Sophie Breitmeyer reserves the right to restrict or question multiple quantities of an item being shipped to any one customer or postal address. 

Please note that by making an offer to purchase Bespoke Goods, you expressly authorise Sophie Breitmeyer to perform credit checks and, where Sophie Breitmeyer feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.


REGISTRATION

In order to commission Bespoke Goods from Sophie Breitmeyer, you will need to register your details, your requirements, budget and any other pertinent details. 

When you register, you are required to provide information about yourself that is true, accurate, current and complete. If any of your personal registration information change, please notify us immediately at the following e-mail address studio@sophiebreitmeyer.com. Sophie Breitmeyer may change the registration requirements at any time. 


CONFIRMATION OF YOUR COMMISSION

Once all the details of the commission have been confirmed, Sophie Breitmeyer will send a confirmatory email containing all relevant images, drawings, videos and quotations. You must then provide confirmation that you would like to go ahead with the commission by email. 

 

STARTING WORK ON COMMISSIONS 

Sophie Breitmeyer will start work on Bespoke Goods once we have received confirmation in writing (by email) and have received either the total payment or the first 50% deposit payment. The date we give you on which your Bespoke Goods will be ready is an estimation and time shall not be of the essence in relation to the collection or delivery date.


ALTERING THE DESIGN OF BESPOKE PIECES 

Once work has begun on Bespoke Goods, it becomes more difficult to make changes. If you would like to make changes to the design, Sophie Breitmeyer will do their best to make this possible. However, please do be aware that this may incur further costs which are the responsibility of the buyer. We will always agree these changes and costs with you before commencing work. We will not work on any changes until you have confirmed in writing (by email) and we have received payment of the elevated costs. 


RETURN POLICY

We do not offer returns or refunds on any Bespoke Goods. 


FAULTY ITEMS 

If your item is faulty, please email us at studio@sophiebreitmeyer.com with proof of the issue (for example, a photograph) in accordance with the Damaged, Delayed or Defective Goods section above. Please be aware that a fault does not include any natural elements of gemstones such as colour, saturation or inclusions. 


COLLECTION AND DELIVERY

We will notify you once your Bespoke Goods are complete and ready for collection or delivery by courier. All invoices must be settled in full before collection or delivery can be arranged. If you do not receive goods ordered by you on the expected day you must notify us immediately. 

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under these Terms and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods, if applicable.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer of Bespoke Goods under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.


PHOTOS AND VIDEOS 

You hereby give permission to us to use photos and/or videos of the Bespoke Goods on the Site, social media profiles, presentations and any other marketing material for the purposes of promoting our business. This will always be done anonymously and in a time sensitive matter. You shall have the right to withdraw such consent at any time by giving written notice to us.


INTELLECTUAL PROPERTY

All intellectual property rights in or arising out of or in connection with the Goods (other than any intellectual property rights in any materials provided by you, if applicable) shall be owned by Sophie Breitmeyer.

In relation to your order of Bespoke Goods, and subject to the previous section above, it is your responsibility to ensure that you have all necessary ownership rights or licenses of intellectual property rights in any materials provided to us or any requested designs made by you. 

This section shall survive termination of the Terms.


SEVERANCE

If a court invalidates some of these terms, the rest of the terms will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.


FORCE MAJEURE

If our supply of your goods 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 will not compensate you for the delay, but if the delay is likely to be substantial you can email us at studio@sophiebreitmeyer.com to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.


THIRD PARTY RIGHTS

Unless these Terms expressly states otherwise, the Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms.


GOVERNING LAW & JURISDICTION

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.


USE OF YOUR PERSONAL DATA 

How we use any personal data you give us is set out in our Privacy Policy.