Terms and Conditions

Terms and Conditions
How Fine Designs
March 2023

These are the Terms and Conditions of Sally Ann How trading as How Fine Designs of Rossett Beck, Harrogate, North Yorkshire, HG2 9NU. (How Fine Designs).

1. General
a. ‘Client’ is any person or organisation not acting in the course of a business that has contacted How Fine Designs requesting information, or who has entered a Contract with How Fine Designs for the provision of Standard Collection Jewellery and Bespoke Jewellery or repairs to Jewellery. (the Jewellery) or jewellery making workshops (the Workshops).
b. ‘Bespoke Jewellery’- Jewellery individually designed or otherwise personalised for a Client.
c. ‘Standard Collection Jewellery’- Jewellery created by How Fine Designs as part of a collection and possibly recreated again. All Jewellery that is not Bespoke Jewellery.
d. ‘Contract’ – The legal agreement between How Fine Designs and the Client for the provision of or repairs to Jewellery or Workshops.
e. ‘Website’- https://www.howfinedesigns.com.
f. ‘Fee’- The sum payable for the provision of the Jewellery and repairs to the Jewellery as agreed with the Client and any additional sums agreed.
g. ‘Delivery Charge’- the sum for the delivery of the Jewellery to the Client.
h. ‘Charge’ – the sum payable to attend a Workshop. The cost of materials to be used is extra unless stated otherwise at the time of booking.
i. ‘Studio’- the premises at Harrogate North Yorkshire or any other premises used by How Fine Designs.
j. ‘Payment’ – can be by BACS, online by card through Website, PayPal, Apple Pay, Stripe, Thrivecart or cheque depending upon purchase being made.
k. ‘Days’- All the days in a week excluding weekends and Bank Holidays.
l. These Terms and Conditions and the Contract will represent the whole of the terms between How Fine Designs and the Client. Any changes to these must be agreed in writing by How Fine Designs.
m. The Client will have the opportunity to read these Terms and Conditions and any questions answered before placing an order and entering a Contract and so the Client is accepting these Terms and Conditions by entering the Contract.

2. The Jewellery
a. The descriptions of the Jewellery by How Fine Designs will be as accurate as possible and provided in good faith.
b. The Client must satisfy themselves that the Jewellery as described meets their requirements before placing an order to purchase. How Fine Designs is always willing to answer any questions or queries.
c. If the Client makes an appointment for a consultation with How Fine Designs, they must give at least 24 hours of any postponement or cancellation.
d. If the Client has any requirements that are essential to them, they must contact How Fine Designs to discuss the matter before entering an order to ensure this is acceptable to How Fine Designs.
e. How Fine Designs warrants that they will use reasonable care and skill in producing the Jewellery or carrying out repairs.
f. By entering the Contract, the Client confirms they are at least 18 years of age.
g. All Jewellery meeting the required legal weight for gold, silver or other precious metals by the Assay Office will be hallmarked provided How Fine Designs have provided all the materials.
h. As all items are handmade or hand-finished one piece of Jewellery will not be identical to another as that is the nature of the process. Jewellery that is hand stamped will have variations in letter spacing and the depth of imprint. The Client will accept the issues that come with hand finishing.
i. The Client must take care to order the correct size for rings, bracelets, and other Jewellery where relevant. Advice will be given on measuring and any queries answered. If the Client attends the Studio the sizing will be done there. If needed plastic ring sizers can be purchased by the Client to check sizing or they can attend at a local jeweller for this to be done.
j. The Client must be aware that some pieces cannot be resized but have to be recreated at an extra charge.

3. Delivery
a. All Jewellery is made to order except when on display at the Studio or sold at a private or public event or fair.
b. Stock items will normally be dispatched within five Days, Standard Collection Jewellery that has to be made to order will normally be dispatched within five to seven Days. Bespoke Jewellery may take from six to twelve weeks to dispatch. The Client must contact How Fine Designs for more exact times.
c. Normal delivery period may be longer if due to events beyond the control of How Fine Designs e.g., industrial action.
d. Any delivery dates specified are approximate estimates only and unless agreed in writing by How Fine Designs, time is not of the essence for delivery.
e. No delay shall entitle the Client to reject any delivery or Jewellery or part of an order.
f. If the Client requires delivery by a certain date, then this must be communicated in writing to How Fine Designs before the Contract is entered. How Fine Designs is only bound by such date if they confirm acceptance of this in writing.
g. The Fee and Delivery Charge will not include any customs charges or other fees and charges payable in the country of delivery. These are the responsibility of the Client. If these are not paid the authorities will return the Jewellery to How Fine Designs. The Client will have to then arrange and pay for collection from the Studio if they wish to receive the item. No refunds will be given whatever
the circumstances if non-delivery is due to non-payment of customs and other charges by the Client.
h. How Fine Designs does not currently deliver to certain countries due to the regulations in those countries. The Client must contact How Fine Designs before ordering for clarification.

4. Bespoke Jewellery and Remodelling
a. Upon receipt of any enquiry from a Client, How Fine Designs will communicate with them to establish the piece of Jewellery required and the style and design, sizing, and their budget.
b. How Fine Designs will then prepare various (usually three)general designs and specifications plus costs.
c. How Fine Designs will answer all reasonable questions from the Client and seek to find a design acceptable to the Client.
d. How Fine Designs will use their best endeavours to answer all questions and requirements from the Client, but this is subject to reasonable use of time.
e. Once the Client has agreed a design the Client will be given an invoice for 50% of the Fee and any Delivery Charge.
f. The invoice will be based upon the prices of the materials including stones at that time and due to the varying market, the Fee on the Invoice may only be valid for 24 hours or otherwise as advised. Any delay in payment may lead to the Fee being increased to reflect a rise in the cost of materials.
g. How Fine Designs may ask for the full Fee upfront in some circumstances or agree stage payments.
h. Any changes to the original style or design may incur an increase in the Fee although the Client must accept that in some cases changes may not be possible.
i. Once the initial invoice has been paid by BACS or by other agreed payment method, the necessary materials will be purchased, and a final custom design sent to the Client for agreement. The work will then be commenced.
j. No refunds of the initial payment will be issued as the Jewellery is individual and personalised for the Client.
k. Due to the handmade nature of the Jewellery, reasonable adjustments to the design may be required to complete the piece from a practical perspective. How Fine Designs will always endeavour to keep the style as close as possible to the agreed form but if changes are essential the Client will be contacted to discuss the situation to find the solution most acceptable to the Client.
l. When the Jewellery is finished the Client will be sent a photograph and an invoice for the balance of the Fee and any Delivery Charge.
m. Once paid How Fine Designs will send the finished Jewellery by Royal Mail Special Delivery to the Client or courier as they decide to be appropriate. The Client can collect from the Studio if they wish by arrangement.

5. Provision of Stones or other materials by the Client
a. If the Client provides a stone or other precious materials e.g., gold they must sign a waiver in writing before any work can commence excluding How Fine Designs from any liability should damage occur to the material or the Jewellery.
b. How Fine Designs may require the stones or materials to be independently verified as to their authenticity and content. This may incur an extra charge.
c. How Fine Designs has the right to refuse to use any stone or material supplied by the Client if they are not satisfied that the result will be of the appropriate quality.
d. How Fine Designs will not work with imported jewels, any replicas or any Jewellery already repaired elsewhere.

6. Standard Collection Jewellery.
a. If made through the Website or ordered directly the Contract is made when the Client has paid the Fee required.
b. The Client will be sent an acknowledgement email as soon the order is placed.
c. How Fine Designs will take reasonable care to ensure all details, descriptions and Fees of the Jewellery are correct at the time of posting on the Website. They will endeavour to keep the Website up to date, but the details may differ when the Client makes an order to purchase.
d. Provision of the Standard Collection Jewellery under the Contract by How Fine Designs is subject to the availability of the Jewellery ordered and the authorisation of any payment. If Jewellery cannot
be supplied the Client will be informed as soon as possible and any payment received refunded. This refund will be instigated within five days and receipt is dependent upon the finance provider.
e. How Fine Designs can decline any order or terminate any Contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
f. The Website can only be used for orders to be delivered to the UK. Otherwise please contact How Fine Designs to see if delivery is possible and if so, the costs involved.
g. For orders to be delivered outside the UK including the EU, the Client is responsible for payment of all customs fees, duties, and other charges. If Jewellery is returned to How Fine Designs because the customs or other fees are not paid no refund will be paid to the Client.
h. How Fine Designs reserves the right to suspend a Client’s account if they consider there has been suspicious activity regarding that account. The Client would be notified of this by email.
i. How Fine Designs reserves the right to limit the number of Jewellery pieces purchased by an individual Client.

7. Repairs
a. Upon receipt of any enquiry for such a repair by a Client the Client may be asked to provide a photo
or discuss what is required and given a rough quotation of the cost involved. They will then be asked to deliver the Jewellery. All repairs are at the discretion of How Fine Designs.
b. Repairs are only guaranteed for one year for workmanship excluding issues arising from materials provided by the Client.
c. Any guarantee depends upon evidence that the Client has followed the advice originally given to them regarding the handling and care of the Jewellery. The Care Guide on the Website must have been followed.
d. If the Jewellery is broken the Client must accept that it may not be possible to carry out a repair depending on the age and materials involved and care and treatment of the Jewellery.
e. If How Fine Designs believe they can repair an item, they will advise the Client of the risks involved which they must accept.
f. If the Client wishes to proceed with the repair How Fine Designs will issue a receipt and make notes regarding the condition.
g. All repairs are carried out at the risk of the Client due to the uncertainty as to the true condition and inherent problems in the Jewellery being repaired. How Fine Designs will use all due care to assess the item and the risks involved.
h. How Fine Designs will endeavour to discuss any problems with the Client as they arise. The Client must accept that any problems may lead to work not envisaged at the start and may involve additional costs.
i. If How Fine Designs finds that the Fee of any repair is higher than anticipated due to extra factors arising, they will discuss the situation with the Client to see if they wish to proceed.
j. Once the repair is completed the Client will be sent an invoice for the repair and return Delivery Charge.
k. When the invoice has been paid by BACS or other agreed payment method, the Jewellery will be returned to the Client by Royal Mail Special delivery or courier. The items can be collected from the Studio by arrangement.
l. If the Jewellery is of a low value relative to the cost of repair the Client may be asked to pay the whole cost of repair before any work is started.

8. Design Issues
a. The Client cannot reject any item of Jewellery following provision of a bespoke item, personalised jewellery or any repairs to Jewellery based on issues with style and design.
b. How Fine Designs will endeavour to communicate any proposals with the Client and enter a dialogue to find a design to their satisfaction. The Client must inform How Fine Designs immediately if they are not happy with what has been shown or described to them so that changes can be made.
c. How Fine Designs will not create any copies of existing Jewellery.
d. The Client accepts that changes in design, gemstones or materials could lead to an increase in the Fee.
e. How Fine Designs may terminate any Contract for the provision of bespoke Jewellery if they believe they will be unable to reach an agreement with the Client within a reasonable timeframe as to the design of the Jewellery.

9. Workshops
a. Wedding Ring Making Workshops and Jewellery Making Workshops offered are as set out on the Website and are at the Studio unless stated otherwise.
b. Booking a Wedding Ring Making Workshop is by the Client contacting by emailing or calling How Fine Designs. They will then have a call or email to discuss what the Workshop involves, requirements, Charge and potential material costs and dates.
c. If the Client wishes to book, they will be sent an invoice for £100 initial payment and a date booked for the Workshop.
d. Following receipt of payment the Client will be sent links, information and options to enable them to choose the style and materials they wish to use.
e. Once the Client has confirmed the design and materials, Fine Designs will then send an invoice for the materials chosen. This invoice will be based upon the current prices. If the invoice is not paid on the date of issue the prices can increase if the purchase price of the materials increases. Once paid the
materials will be purchased.
f. Instructions for the Workshop and an invoice for the balance of the Charge will be issued payable seven days before the date of the Workshop.
g. Jewellery Making Workshops are currently for groups of friends or associates.
h. Following an enquiry regarding a Jewellery Making Workshop the parties will agree upon the dates, numbers attending and the piece of Jewellery to be made. An invoice will be issued for the Charge.
i. The Charge for a Jewellery Making Workshop will include the cost of the materials unless stated otherwise.
j. If individuals wish to book a 121 Jewellery Making Workshop the procedure is as for the group Jewellery Making Workshops except that the Client may have choices as to the Jewellery to be made and the Charge adjusted accordingly.
k. Each group Workshop will also have a maximum number of four to twelve attendees for health and safety reasons and to ensure each attendee has a good experience. This number depends on the Workshop activities and is decided by How Fine Designs.
l. The Client must follow instructions and act safely at the Workshop and respect the rights and safety of the other attendees.
m. The Client must not take any photos at the Workshop without the consent of the other attendees.
n. The Client must not name other attendees on social media or otherwise without their consent.
o. The Client will indemnify How Fine Designs against all claims, demands and damages arising from the Clients attendance at the Workshop.
p. If the Client is unable to attend a Workshop, the Cancellation Policy on the Website will be followed.
q. If How Fine Designs are unable to take a Workshop due to events beyond their control, then an alternative date will be arranged. If the Client is unable to attend such a date the Charge paid will be refunded. How Fine Designs are not responsible for any additional costs or expenses incurred by the Client should How Fine Designs have to cancel a Workshop due to events beyond their control.
r. The Client must not attend any Workshop if they have any illness that could be transmitted to the other attendees or symptoms of a cold or covid. Attendance can be rearranged at a suitable Workshop at a later date.
s. No one attending any Workshop must be under 18 years of age without previous communication and agreement of age under 18 years. The Client must produce ID confirming their date of birth if requested to do so by How Fine Designs. Anyone under 25 years of age must come to the Workshop
prepared to produce such ID. How Fine Designs are insured for attendees under 18 years of age. Any attendee under 18 and their legal guardian must indemnify How Fine Designs arising from an issue that arise at the Workshop.

10. Guarantee and Returns
a. When Standard Collection Jewellery is ordered online by a person not acting in the course of a business, they will have the right to cancel the order up until 14 days after receipt of the Jewellery. They must communicate this to How Fine Designs in writing by email immediately giving full contact details.
b. The Client then has 14 days to return the Jewellery to How Fine Designs in a safe and appropriate manner at their own cost using a suitably insured service to protect the value of the Jewellery. It is the Client’s responsibility to ensure the Jewellery is properly insured in return transit.
c. Provided the Jewellery is returned undamaged in any way, unused How Fine Designs will refund the cost of the Jewellery and the basic original delivery cost (ignoring any charges above Standard Collection delivery). A deduction may be made if the Jewellery is returned and has not been handled as instructed by the Client.
d. The guarantee will not apply to earrings for hygiene reasons or Standard Collection Jewellery that has been personalised in any way for the Client including engraving.
e. This is in addition to the legal rights available to the Client.

11. General Guarantee.
a. How Fine Designs will offer a one-year guarantee for workmanship on Standard Collection Jewellery and Bespoke Jewellery excluding any issues arising from the use of materials provided by the Client or failure to care properly for the Jewellery.
b. The guarantee will not apply if the Jewellery is damaged or not stored correctly.
c. How Fine Designs offers no guarantee for any Jewellery it considers having been treated badly and where proper care has not been taken.
d. All Clients are expected to follow the care instructions in the Care Guide on the Website.

12. The Fee
a. For Bespoke Jewellery, a proportion of the Fee and any Delivery Charge is payable when the order is placed and the balance when completed before any Jewellery is delivered to the Client.
b. For Repairs any Fee must be paid in full before the Jewellery is returned.
c. The Fee must be paid as required on the Website where Standard Collection Jewellery is ordered.
d. All invoices must be paid in full without set-off, deduction or counterclaim.
e. Any invoice not paid within 30 days of issue will incur interest at 8% above base rate until paid in full. Standard Collection debt recovery charges will also be added.

13. Cancellation Policy
a. If the Client cancels the provision of a piece of Bespoke Jewellery and the initial invoice has been paid and the materials purchased the initial Fee paid is non-refundable.
b. If the Client wishes to cancel the provision of Repairs once the work has commenced, they must pay How Fine Designs for all work and materials used to date of cancellation and return postage before the item is returned.
c. Private individuals cannot cancel once the guarantee period of 14 days set out above has passed following purchase of Standard Collection Jewellery except in accordance with their legal rights.
d. How Fine Designs reserves the right to cancel an order without liability if they are unable to supply the Jewellery ordered due to events beyond their control.

14. Gift Vouchers
a. Gift Vouchers are available as set out on the Website from £25 to £500.
b. Gift Vouchers are purchased on the terms set out on the Website.
c. Gift Vouchers are valid for thirteen months from purchase.
d. Gift Vouchers can only be used to purchase Jewellery or Workshops. They cannot be exchanged for cash or other monetary value.

15. Subcontracting
How Fine Designs has the right to subcontract any of the services required to provide the Jewellery.

16. Risk
The Risk in the Jewellery shall pass to the Client when the Jewellery is delivered to the Client or the Client’s premises or property, or other premises as requested.

17. Limitation of Liability
a. Should How Fine Designs be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions) How Fine Designs shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
b. Apart from their workmanship How Fine Designs accepts no liability for Repairs to Jewellery due to the numerous unknown factors that can arise from the use of the materials but will endeavour to follow good practice.
c. How Fine Designs is not liable for any indirect or consequential losses to the Client or any third party.
d. The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
e. How Fine Designs will provide the Client with advice on how to look after the Jewellery. They accept no liability if the Jewellery requires attention because the Client has not followed this advice.
f. Where How Fine Designs advises against a course of action, including the use of certain materials and gemstones, they will not accept any liability if the Client insists on proceeding against that
advice.

18. Intellectual property
a. All copyright, trademarks, and all other intellectual property rights in all Jewellery (both bespoke and Standard Collection), designs, labels, any materials, logo, marketing materials, branding or copy (all jointly called the Materials) shall remain always vested in How Fine Designs. Any attempt to copy any Materials, or manufacture, reproduce, transmit, publish, display, exploit, or create derivative
Materials shall render the Client liable for damages.
b. If the Materials supplied by How Fine Designs are used by a third party for any purpose, not in the Contract the Client will be liable to How Fine Designs for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.

19. Data Protection and Confidentiality
a. How Fine Designs will take all reasonable care to keep all personal data supplied by the Client in accordance with the UK General Data Protection Regulations (GDPR) and general UK legislation as set out in their current Privacy Notice.
b. How Fine Designs will take all reasonable care to keep all personal data confidential.
c. Clients may be contacted by How Fine Designs with marketing material about current and future Jewellery and services. The Client will always have the option to unsubscribe from such marketing materials. Clients’ data will never be passed to third parties for marketing purposes.

20. Complaints
The Client must raise any problem or complaint it has with the Jewellery immediately the issue arises and confirm this in writing within seven days. How Fine Designs will seek to find a mutually acceptable solution for all parties.

21. Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

22. Notices
Any notices served under the Contract, or these Terms and Conditions must be addressed to the address on the Contract or such other address provided by that party. Notices can be given by email to any email address agreed for that purpose.

23. Waiver
The waiver by How Fine Designs of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.

24. Transfer
The Client may not transfer any of their rights under the Contract to any third party.

17. Law
The laws of England and Wales govern these Terms and Conditions.