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Terms and Conditions

These Terms and Conditions apply to the Theo Fennell Plc website and by accessing this website or by placing an order you agree to be bound by them. If you do not agree to be bound by these Terms and Conditions please do not access this website or place an order.
We may, from time to time, update these Terms and Conditions and you should read them each time you use the website to ensure that you are happy with them.
This website is operated by Theo Fennell Plc ("We"). Our Registered Office address is 2b Pond Place, London SW3 6TF, UK. The company Registered Number is 01955534 and our VAT Registration Number is 394 8804 03

  1. The Contract between you and Theo Fennell Plc
    • After you place an order on the website we will send you an email confirming that your order has been received. This is not an order acceptance or order confirmation.
    • Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with Clause 3 below. We will send you a dispatch confirmation email confirming that your order has been shipped to you. Our acceptance of your order brings into existence a legally binding contract between us in respect of the products whose dispatch we have confirmed. We request pre-authorisation for the value of the order from your bank/card issuer when you place your order to ensure that the funds are available.
    • Only adults (persons aged 18 or over) are entitled to enter legally binding contracts and as a result are the only people entitled to transact through this site.
    • We only actually take payment when the order is shipped.

  2. Pricing and Delivery
    • The prices paid for goods that you order are as set out on our website. All of our prices are in UK pounds inclusive of VAT. You will be billed in UK pounds and if you purchase from outside the UK, factors such as currency fluctuations and credit card charges may make a difference to the final amount billed on your credit card.
    • Our delivery charges are set out on our website. Please note that it might not be possible to deliver to some locations. We cannot be responsible for any actions of local customs authorities and you will be responsible for payment of all import duties and taxes of any kind.
    • 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 is correct and accurate and that there is someone to sign for and take delivery of the goods from the delivery service used.
    • You will become the owner of the goods you have ordered when they have been delivered to you subject to our having received full payment of all sums due including any delivery charges. 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 damage.
    • All prices inclusive of 20% UK sales tax. UK sales Tax is not payable for orders placed from outside the European Union. All import duties and local taxes are the responsibility of the customer

  3. Right for you to cancel your contract - Returns
    • Subject to Clause 3c. below, you have a cooling off period of 7 working days from the date you accepted delivery of your goods. You may cancel you order with us at any time up to the end of the seventh working day from the date you recieved your ordered goods. You do not need to give us any reason for canceling your order nor will you have to pay any penalty.
    • It may not be possible to stop an order from being dispatched.
    • You can notify us by email at returns@theofennell.com or by telephone on +44 (0)207 591 5088 or 5089
    • If the items have already been delivered to you, your right to cancel your order for the goods you have ordered is subject to:

      a. You not having worn or damaged the goods.
      b. You not having removed any security tags from the goods
      c. You calling or emailing Theo Fennell Plc within 7 working days of taking delivery of your goods and receiving a Returns Authorisation number (RA). The goods must be returned to us within 14 days of your receiving your RA number:

      i. With both goods and packaging in their original condition
      ii. Securely wrapped
      iii. Including our delivery slip
      iv. Using our agreed delivery partner

      If you have complied with the refunds requirements, you will recieve a full refund of the price paid ad be reinbursed the delivery charges paid, if any.

      Returns of items ordered will be at your own risk. It is your responsibility to ensure that the goods are insured when returned to us. You are obliged to keep all items delivered in your possession until you return them to us and to take all reasonable care of the goods while they are in your possession. If you fail to do this we may have a right to claim compensation from you. If you do not return the goods within 14 days of canceling your order we reserve the right to arrange for their collection at your cost which cost may be recovered by deducting the relevant sum from the refund due to be credited to you. This provision does not affect your statutory rights.
      d. The item(s) cannot be a Bespoke Special Order, which, due to their unique nature, cannot be exchanged or returned.
      e. Sales taxes and import duties for all non EU countries will not be refunded.

    • Once you have notified us that you are canceling your order, we will process the refund due to you as soon as possible and the relevant sums will be refunded using the same method originally used by you to pay for the goods.

  4. Shipping
    • Jewellery orders over £500 incur no shipping charge. Orders below £500 will incur a charge dependant on the country the item is shipped to as laid out below.
    • a. UK
      Royal Mail Next Day Special Delivery - £8.00
      b. EU
      Royal Mail Airsure / International Signed For - £15.00
      Fedex Inernational Priority- £45.00
      c. Europe (Non EU)
      Royal Mail Airsure / International Signed For - £15.00
      d. US & Canada
      Royal Mail Airsure / International Signed For - £15.00
      Fedex Inernational Priority- £50.00
      e. Australia, New Zealand, Hong Kong
      Royal Mail Airsure / International Signed For - £15.00
      Fedex Inernational Priority- £45.00
      f. All Other Deliverable Destinations
      Royal Mail Airsure / International Signed For - £15.00

    • Where possible Theo Fennell Plc will endevour to fulfill orders placed before Midday the same day.
    • Theo Fennell Plc guarantees delivery within 3 - 5 days for domestic orders.
    • While every effort will be made to fulfill delivers as quickly as possible, where an order is required in haste please contact customerservice@theofennell.com to discuss expidition of the order.

  5. Cancellation by Theo Fennell Plc
    • We reserve the right to cancel your order at any time, including (in exceptional cases) after We have sent you an order confirmation (in exceptional circumstances), at our sole discretion. Examples of when We may do so include but are not limited to instances where:
    • a. We have insufficient stock to deliver the goods you have ordered
      b. We do not deliver to your area; or
      c. One or more of the goods you ordered was listed at an incorrect price for example due to a typographical error or an error in the pricing information received by us from our suppliers.

    • If We do cancel your order we will notify you by e-mail and/or telephone, and We will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be liable to you or to any third party or pay any compensation if We cancel your order.

  6. Liability
    • Our liability in connection with any item(s) purchased through our website is strictly limited to the purchase price of the item(s). If the goods We deliver to you 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 Theo Fennell Plc by e-mail of the problem within 7 working days of the delivery of the goods in question.
    • If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, you must 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; otherwise We shall have no liability to you. If you notify us of a problem under this condition, the only obligation of Theo Fennell Plc will be, at your option, either:
    • a. To make good any shortage or non delivery; or
      b. To replace any goods that are damaged or defective; or
      c. To refund you the amount paid by you for the goods in question.

    • Theo Fennell Plc and its directors, employees, agents, affiliates, or other representatives will not be liable for any loss or damage arising out of or in connection with the use of the website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income, profit, business or goodwill, loss of or damage to property and claims of third parties. You agree to indemnify us and our directors, employees, agents, affiliates or other representatives immediately upon demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of this website if we consider that you have breached these Terms and Conditions.
    • Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any of your statutory rights, exclude or limit our liability to you for any death or personal injury resulting from our negligence or for any matter for which we cannot lawfully exclude or limit our liability.
    • We cannot be held responsible for any delays once the goods have left us and are in possession of the courier.
    • Our website may contain links to other internet web sites. We have neither power nor control over any such web sites. You acknowledge and agree that we shall not be liable in any way for the content of any such linked site, nor for any loss or damage arising from your use of any such web site.

  7. Notices
    Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at 169 Fulham Road, London SW3 6SP. UK or by email to customerservice@theofennell.com. All notices from us to you will be displayed on our website from time to time.

  8. Disclaimers
    • All product descriptions, information and notices on this website are posted on an "as is" basis and make no representation or warranties of any kind. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the website. The information contained on the website may contain technical inaccuracies or typographical errors. All liability of Theo Fennell Plc howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
    • Our products depicted are representative of our collection. Not all our products are shown on the website. The style, designs, colours and price of the products shown in the site may be changed without notice. Please also be aware that the colour or finish of a product may vary slightly due to your monitor display and settings. All dimensions and carat weights shown on this site are indicative of our collections however due to the intrinsic uniqueness of Theo Fennell Plc products variations may occur from piece to piece. All orders for products are subject to availability.

  9. Severability
    If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

  10. Copyright and Intellectual Property Rights
    • We are the proprietor of the Theo Fennell trade name, trade mark and get-up. You agree that all copyrights, trade marks, brand names, product names and titles used in this website shall remain vested in us or their respective rights holders. You are permitted to use this material only as expressly authorized by us or the rights holders. No permission is given in respect of the use of any of them and such use may constitute an infringement of the holders rights.
    • We reserve the right to insist that you remove links to, or content from, this website that we deem inappropriate or an infringement of our copyright.

  11. Privacy
    You acknowledge and agree to be bound by the terms of our Privacy Policy.

  12. Third Party Rights
    Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK contracts (Rights of Third parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

  13. Variation of the Terms and Conditions
    We reserve the right to amend and update these Terms and Conditions periodically. You will be bound by the Terms and Conditions in force at the time you place your order. However in the event that changes are required by law or by government authority then you will be bound by such new terms even where your order was placed beforehand.

  14. Governing Law
    The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

  15. Events Outside Our Control
    We will not be liable or responsible for any failure to perform or delay in performing any of our obligations under a contract that is caused by events outside our reasonable control i.e. a force majeure event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

    a. strikes, lock-outs or other industrial action;
    b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preperation for war;
    c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

    Our performance under a contract is deemed to be suspended for the duration of the force majeure event and we will have an extension of time for the duration of the event. We will use our reasonable endeavors to bring the force majeure event to an end or to find a solution by which our obligations under the contract may be performed despite the force majeure event.

  16. Entire Agreement
    These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson on behalf of Theo Fennell Plc should be understood as a variation of these Terms and Conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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