Terms
Realm of Resin Terms and Conditions
In order to accept your order and make a legally enforceable agreement without further reference to you, you must read and acknowledge these Terms and Conditions (T&Cs) to confirm your understanding and acceptance of them.
Application
1 These T&Cs will apply to purchase of the good by you (the ‘Customer’ or ‘You’). We are Realm of Resin (the ‘Supplier’, ‘Us’ or ‘We’).
2 These are the terms on which We sell all Goods to You. By ordering any of the Goods You agree to be bound by these T&Cs. You can only purchase these Goods from the website if you are eligible to enter into a contract and are at least 18 years of age.
Interpretation
‘Consumer’ means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
‘Contract’ means the legally binding agreement between You and Us for the supply of the Goods;
‘Delivery Location’ means the location where the Goods are to be supplied as set out in the Order;
‘Durable Medium’ means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
‘Goods’ means the Goods advertised if the website that we supply to you of the number and description as set out in the Order;
‘Order’ means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the website;
‘Order Confirmation’ means the written confirmation of, and Our acceptance of, Your Order, which will normally be via email;
‘Privacy Policy’ means the terms which set out how We will deal with confidential and personal information from You via the Website;
‘Supplier’ means Realm of Resin Jewellery;
‘Website’ means our Website, Realm-of-Resin.co.uk, on which the Goods are advertised.
Goods
3 The description of the Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only, as all items are hand cast and crafted; and there may be small discrepancies in the size, colour, glitter or weight of the Goods supplied.
4 In the case of any Goods made to Your special requirements, it is Your responsibility to ensure that any information or specification You provide is accurate.
5 All pre-made Goods that appear on the Website are subject to remaining unsold at time of enquiry and thus being available. In the event that an item has been sold, We are happy to cast additional standard items to meet your order, at the same rate as quoted for other pre-made items.
6 We reserve the right to make changes to the Goods that are necessary to comply with any applicable law or safety requirement. We will notify You of any such changes.
Personal Information
7 We retain and use all information strictly under the Privacy Policy.
8 We may contact You by using e-mail or other electronic communication methods and by prepaid post; and You expressly agree to this.
Basis of Sale
9 The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, We can reject it for any reason, although We will try to tell You the reason without delay.
10 The Order process is set out on the Website. Each step allows You to check and amend any errors before submitting the Order. It is Your responsibility to check that You have used the ordering process correctly.
11 A Contract will be formed for the sale of Goods ordered only when you receive an email from Us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform Us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by You. By placing an Order You agree to Us giving you confirmation of the Contract by means of an email with all relevant information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within 24 hours of making the Contract.
12 Any quotation is valid for a maximum period of 14 days from the quotation date.
13 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into; unless the variation is mutually agreed by the Customer and the Supplier in writing.
14 We intend that these Terms and Conditions apply only to a Contract entered into by You as a Consumer.
Price and Payment
15 The price of stock Goods and any additional delivery or other charges, is that set out on the Website at the date of the Order; or in the case of commissioned items the price that We agree in writing.
16 Realm of Resin is not required to be registered for VAT and all prices and charges are therefore exclusive of VAT.
17 You must pay by Paypal with your Order; or if agreed prior to placement of Order, via direct bank transfer to an account that will be advised by private message or email. We are unable to despatch Goods until the full agreed payment has been received.
Delivery
18 We will despatch stock Goods to the Delivery address provided at time of Order within three (3) to five (5) business days of issue of Order Confirmation. We will despatch commissioned Goods to the Delivery address provided at time of Order within five (5) to seven (7) business days of issue of Order Confirmation, unless a request for a more rapid despatch has been made. In both cases, this assumes that full payment has been received. In the case of Goods to contain fur or ashes, the despatch timing starts from Our confirmation of receipt of fur or ashes.
19 In any case, regardless of events beyond Our control, if We do not deliver the Goods on time You can (in addition to any other remedies) treat the Contract at and end if:
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or You stated to Us before the Contract was made that delivery on time was essential; or
After We have failed to deliver on time, You have specified a later period that is appropriate to the circumstances and We have not delivered within that period.
20 If, according to the above, You elect to treat the Contract at and end, We will (in addition to other remedies) promptly return all payments made under the Contract. If the Goods have been delivered, You must return them to Us.
21 If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) You cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them; unless otherwise agreed in writing with Us.
22 We do not generally deliver to addresses outside England and Wales, Scotland Northern Ireland, the Isle of Man and Channel Islands. If, however, We accept an Order for delivery outside that area, You may need to pay import duties or other taxes, as We will not pay them.
23 If You order multiple items, You agree we may deliver the Goods in instalments if, for example, We suffer a shortage of raw materials or stock, or for any other genuine or fair reason; subject to the above provisions and provided You are not liable for extra charges.
24 If You or Your nominee fail, through no fault of Ours, to take delivery of the Goods at the Delivery Location, We may charge the reasonable costs of storing and redelivering them.
25 The Goods will become Your responsibility from the completion of delivery, or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
26 Risk of damage to, or loss of, any Goods will pass to You when the Goods are delivered to You.
27 You do not own the Goods until We have received payment in full.
Withdrawal and cancellation
28 You can withdraw an Order for stock items, if you simply wish to change your mind and without giving Us a reason, by telling Us before the Contract is made, and without incurring any liability. Notwithstanding this, We would, of course, appreciate Your feedback if you elect to do this, in order to improve our service.
29 It is Our intention that stock items will be despatched to your Delivery Location within 72 hours of Confirmation of Order and, as such, if you wish to cancel You must advise Us within a maximum 24 hours of placing the Order. Once despatched, cancellation is no longer possible (see, however, Returns Policy, below).
30 You can cancel the Contract for any Goods that are to be made to your special requirements (the Returns Right) by telling Us no later than three (3) calendar days from the day the Contract was entered into, without liability. We must then, without delay, refund to You the price for those Goods that have been paid for in advance. This does not affect Your rights when the reason for the cancellation is any defective Goods. The Returns Right is different to, and separate from, the Cancellation Rights herein.
31 This is a Distance Contract (as defined below), which has the Cancellation Rights set out herein. These Cancellation Rights do not apply to a Contract for the following Goods (with no others) in the following circumstances:
Goods that are made to Your specifications or are clearly personalised;
Goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
In the case of any sales Contract, if the Goods become mixed inseparably (according to their nature) with other items after delivery.
32 For the purposes of these Cancellation Rights, these words have the following meanings:
Distance Contract means a Contract concluded between a trader (Realm of Resin) and a consumer (You) under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.
Sales Contract means a Contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any Contract that has both goods and services as its object.
33 To meet the cancellation deadline, it is sufficient for You to send Your communication, via the website or email, concerning Your exercise of the right to cancel before the Cancellation Period has expired.
Timing of Reimbursement
34 If We have not offered to collect the Goods, we will make reimbursement without undue delay and not later than:
Five (5) days after the date We receive back from You any Goods supplied, or
Seven (7) days after the date You provide evidence that You have sent back the Goods.
35 If We have offered to collect the Goods or if no Goods were supplied, We will make the reimbursement without delay, and not later than three (3) days after the day on which We are informed about Your decision to cancel the Contract.
36 We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
Returns Policy
37 If you have received Goods in connection with a Contract that You have cancelled, you must send back the Goods without delay and in any event not later than seven (7) days from the date on which You communicate to Us Your cancellation of this Contract. The deadline is met if You send back the Goods before the period of seven (7) days has expired. You agree that You will have to bear all costs of returning the Goods.
38 Under the Consumer Rights Act 2015, all products must be of satisfactory quality, fit for purpose and as described. Thus, all products must meet the following standards:
Satisfactory quality: Goods should not be faulty or damaged when You receive them;
Fit for purpose: The Goods should be fit for the purpose they are supplied for;
As described: The Goods supplied must match any description given to You, or any samples shown to You at the time of purchase. Note, however, that being hand-crafted and hand-finished, even stock items will not be identical to each other.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund; as long as you do this quickly. This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault.
Conformity
39 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation
40 Upon delivery the Goods will:
Be of satisfactory quality;
Be fit for the particular purpose for which You buy the Goods; and
Conform to their description.
As noted in Item 3, above, any description is for illustrative purposes only, as all items are hand cast and crafted; and there may be small discrepancies in the size, colour, glitter or weight of the Goods supplied.
41 It is not a failure to conform if the failure has its origin in Your materials.
Successors and Our Sub-contractors
42 Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
43 In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as it is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid; but this will not affect the Customer’s rights relating to delivery and any right to cancel.
Privacy
44 Your privacy is critical to Us. We respect Your privacy and comply with the General Data Protection Regulation with regard to Your personal information.
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR
GDPR means the General Data Protection Regulation (EU) 2016/679
‘Data Controller’. ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
45 These Terms and Conditions should be read alongside, and are in addition to, our Privacy Policy
46 We are a Data Controller of the Personal Data We Process in providing Goods to You.
47 Where You supply Personal Data to Us so We can provide Goods to you, and We process that Personal Data in the course of providing the Goods to You, we will comply with our obligations imposed by the Data Protection Laws:
Before or at the time of collecting Personal Data, We will identify the purposes for which information is being collected;
We will only Process Personal Data for the purposes identified;
We will respect Your rights in relation to Your Personal Data; and
We will implement technical and organisational measures to ensure Your Personal Data is secure
48 For any enquiries or complaints regarding data privacy You can contact the following email address: realmofresin@outlook.com
Excluding Liability
49 The Supplier does not exclude liability for
any fraudulent act or omission;
for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
Subject to this the Supplier is not liable for:
loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
loss (e.g. loss of profit) to the Customer’s business, trade craft or profession which would not be suffered by a Consumer.
Governing law, jurisdiction and complaints
50 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
51 Disputes can be submitted to the jurisdiction of the courts of England and Wales, or, where the Customer lives in Scotland or Norther Ireland, in the courts of respectively Scotland and Northern Ireland.
52 Realm of Resin aims to provide high quality services which meet Your needs. We believe We achieve this most of the time: if We are not getting it right please let Us know. In order to ensure Our services remain at a high and improving standard, We have a procedure through which You can let Us know if for any reason You are not satisfied with Your dealings with Us.
53 If You are not happy with Realm of Resin’s service, products, delivery or indeed anything else, please tell Us, via the website or email. All complaints will be logged and You will receive a written acknowledgement within three (3) business days. Often We will be able to give You a formal response straight away, but if the matter is more complicated We will give You at least an initial response within five (5) business days.
54 Whilst We sincerely hope that there will be no cause for complaint, Our aim is to investigate Your complaint properly and give You a formal, written reply within ten (10) business days, setting out how the problem will be dealt with. As noted above, if this is not possible, an interim response will be made informing You of the action taken to date or being considered.