TOTEM ADORNMENTS – TERMS AND CONDITIONS

These terms and conditions (Terms) (together with our Privacy and Cookies Policy and any other documents referred to in these documents) set out the terms on which the Totem Adornments website, and any of our other online or mobile products (referred to altogether as the Website) are made available to you (you / your) and the terms on which we sell any products to you. Please read these documents carefully. Defined words used in the Privacy and Cookies Policy shall have the same meaning when used in these Terms.

By using the Totem Adornment Website or placing an order for Goods (as defined below) you are entering into a legally binding agreement with us on these Terms.

Please note the following key issues which relate to your use of the Website:

  • There are limits to our legal obligations and liabilities to you. See paragraph 11 for more information.
  • Please read these Terms carefully and make sure that you understand them before ordering any Goods (as defined below) from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
  • You must be at least 18 years old (or be legally an adult in your territory of residence) to purchase Goods.

1 INFORMATION ABOUT US

1.1 The Website is operated by Totem Adornments Limited, a company registered in England and Wales under registration number 07184279 (we / us / our). Our registered address (and main office) is Bridle House, 36 Bridle Lane, London, W1F 9BZ.

1.2 If you have any questions, complaints or comments on the Website, please contact us at info@totemadornments.com

1.3 Our VAT number is GB136704811.

2 INFORMATION ABOUT THE WEBSITE

2.1 Totem Adornments was born out of a belief that stories and seeds are precious commodities that bind us together and that through recording and preserving them, we create a richer society. Totem Adornments wants to challenge society’s accepted perceptions about what is valuable by repositioning and re-evaluating our world’s stories and seeds and to preserve stories as a legacy for subsequent generations whilst weaving old with new, the past with the present. We have created jewellery made from sacred seeds and recycled silver or recycled rose gold to both symbolise and fund the expansion of this vision. Totem pledges to channel 10% of the profits from every sale we make into our Totem Foundation Fund, which supports charitable, social and community initiatives (for further details on this please see paragraph 10 below).

2.2 When using the Website, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to the Website and for all connection and other charges incurred in using the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

3 PLACING ORDERS FOR GOODS

3.1 We will from time to time offer pieces of jewellery, some of which can be personalised (Goods) for sale on the Website.

3.2 You do not need to register and create an account before being able to purchase Goods, but will have the option to do so after completing your purchase should you wish to (see paragraph 5).

3.3 If you are under 18 (or the age of majority in your territory of residence), you may not use our Website or purchase our Goods.

3.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

3.5 After you place an order, we will provide you with confirmation that your order has been received, but this is not confirmation that your offer to buy the Goods has been accepted. Our contract for the sale of the Goods will come into existence between us when we confirm our acceptance by sending you an e-mail that confirms that your order has been accepted and despatched.

3.6 If we are unable to accept your order, we will inform you of this via email and will not charge you for the relevant Goods. This might be because an item is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to authorise your payment, because we have identified an error in the price or description of an item or because we are unable to meet a delivery deadline you have specified.

Prices

3.7 The prices for Goods will be as quoted on the Website at the time you submit your order. Prices for Goods may change from time to time. The price of Goods excludes VAT and, where applicable, VAT will be added and charged at the applicable current rate chargeable in the UK for the time being.

3.8 The cost of delivery will be as displayed to you on the Website.

Delivery

3.9 We will deliver the Goods to you as soon as reasonably possible and we will contact you within 7 working days of acceptance of your order with an estimated delivery date.

3.10 If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received. Should there be an issue with your order, we will contact you by email. Please ensure that you check all Goods on receipt and notify us as soon as possible if there is a fault.

How to pay

3.11 You can only pay for Goods using the payment methods stated on the Website. Payment for the Goods and any applicable other charges is to be made in advance. You will be charged once you have confirmed and placed your order.

4 CREATING AN ACCOUNT

4.1 After you have made your first purchase you will have the option to create an account (Account).

4.2 Upon registration, you will need to select a password and user name that you can use to access your Account. You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under your Account. We do not have the means to check the identities of people using the Website and will not be liable where your password or user name is used by someone else.

4.3 You agree:

(a) not to share your Account details with any third party; and

(b) to notify us immediately by email at info@totemadornments.com if you are aware of any unauthorised use of your password or user name or any other breach of Account security.

5 CANCELLING ORDERS

Right to change your mind

5.1 When you place an order for Goods and your payment is accepted you are entering into a contract with us. As a consumer you have a legal right to cancel an online contract within 14 days from the day the contract was made (i.e. from the day that you purchased the Goods). If you wish to cancel this contract you must contact us to let us know (further details on how to do so are provided in paragraph 6.3). However, this right does not apply in respect of Goods which have been made to your specification or personalised (such as the Story Keeper item).

5.2 If you change your mind within the 14-day period and wish to cancel your contract, you will need to return any Goods you have received to us within 14 days of you telling us you wish to cancel. Please send the goods to the address set out on the cancellation form (see paragraph 6.3 below for links to the form). We will refund you the cost of the goods and standard delivery charges only by the method you used for payment. We reserve the right to reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop. You will be responsible for the cost of returning the Goods to us, unless you are returning the Goods because they are faulty.

How to cancel

5.3 To end the contract with us, please let us know by doing one of the following:

(a) Email. Email us at info@totemadornments.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Print off the form at the end of this document and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

Returns

5.4 We are under a legal duty to supply products that are in conformity with these Terms. If your Goods are faulty then you are entitled to a refund if you notify us within 6 months of receipt of the Goods and they cannot be repaired or replaced.

5.5 With the exception of faulty and damaged goods we are not responsible for the return postage and do advise that you obtain a certificate of postage in case the parcel fails to reach us.

5.6 Unless the Goods are faulty or defective, we will not offer a refund but we can offer to exchange the item for other Goods.

6 INTELLECTUAL PROPERTY RIGHTS

6.1 In these Terms,

(a) Content means any and all creative material (including text, software, code, applications, video and/or audio recordings, music, graphics, designs, photographs, artwork, trade marks, data, statistics, information, blogs, communications, ideas, adverts, links, compilations and other material, as well as the selection and arrangement of any of the same);

(b) Intellectual Property Rights includes, amongst other things, any copyright, trade marks and other proprietary rights in relation to code, software, logos, designs, images, photographs, animations, videos, text and other material or Content;

6.2 The Intellectual Property Rights in all Content and Goods made available to you on or through the Website remain the property of Totem Adornments and/or the applicable third parties. Your use of the Website and its contents grants no rights (and in particular no Intellectual Property Rights) to you in relation to the Website or the Content displayed on it.

6.3 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any of the Content, services, web pages or materials on the Website (including the computer code of any elements comprising the Website) other than for your own personal use.

6.4 Any use of items or Content that are the subject of our (or any third party’s) Intellectual Property Rights other than that permitted under paragraph 7.3 may only be undertaken with express, prior, written authorisation.

7 LINKS TO AND FROM OTHER WEBSITES

7.1 The Website may include links to third party websites as well as advertising and other Content hosted by third parties. These links are provided for your ease of reference and convenience only. We do not control such third party websites and Content and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained on third party websites or any association with their operators.

7.2 You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via a link from the Website and we shall not be liable to you in respect of any loss or damage which you may suffer by using third party websites or entering into any such third party transactions or contracts. You agree that you will not involve us in any dispute between you and any such third party.

7.3 We are not responsible or liable for any products, advertisements, Content or services provided by or for third parties via or in connection with the Website (or any technical or other issues that may arise from such provision). We have no control over third-party products, content or services and make no assurances of any kind about them.

8 YOUR USE OF THE WEBSITE

8.1 In using the Website, you agree and promise that you will not:

(a) use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

(b) use the Website in any way that may cause you or us to breach any applicable laws;

(c) email, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other Intellectual Property Rights);

(d) penetrate or attempt to penetrate the Website’s security measures.

8.2 We reserve the right to take such action as we may believe is reasonably required, at any time without notice at our discretion, if we have reasonable grounds to believe you have breached any of the restrictions above or any other provision of these Terms.

9 TOTEM FOUNDATION FUND

9.1 Totem Adornments is not a charity, however we aim to channel 10% of the profits we make from the Website into our Totem Foundation Fund (Foundation Funds). The Foundation Funds will be given to a charitable, social or community initiative of our choice each month (or such other timeframe as we may see fit). You may contact us to submit proposals for which organisations/initiatives you would like us to give Foundation Funds to.

9.2 The final decision as to which organisations/initiatives the Foundation Funds will go to will be made by us in our discretion. We may not always respond to your proposal unless we choose to give to your selected organisation/initiative, in which case we may notify you of the same.

9.3 By submitting your proposals to us, you hereby authorise and permit us to use images, information and other material from your proposal on our Website and various social media channels in connection with the Totem Foundation Fund without remuneration.

10 YOUR PROMISES TO US

10.1 You confirm that:

(a) all information and details provided by you to us (including on registration of an Account) are true, accurate and up to date in all respects and at all times (you can update or correct your personal details at any time by accessing your Account on the Website and following the procedure stated there); and

(b) you will comply with the restrictions on your use of the Website as set out in paragraph 9 and as set out elsewhere in these Terms.

10.2 You accept responsibility, and will compensate us, for any loss or damage (including any claim by a third party and any legal fees in relation to such claim) that is caused by any failure by you to comply with these Terms (in particular any failure by you to fulfil your promises as set out in paragraphs 9.1 and 10.1) or that otherwise arises in relation to your use of the Website or your violation of any law or of the rights (including Intellectual Property Rights) of any third party.

11 OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

11.1 Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents. Also, nothing in these terms affects your rights as a consumer under law. If you would like information on such rights, you should contact your local trading standards service or citizen’s advice bureau. This paragraph takes priority over paragraphs 11.2 to 11.10 below.

11.2 We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

11.3 Whilst we will try to correct any errors or omissions as soon as we can once they have been brought to our attention, we do not promise that the information on the Website itself will be free from errors or omissions. We do not promise that the Website will be available uninterrupted and in a fully operating condition.

11.4 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.

11.5 We do not make any promises in respect of the Website or its content, including, without limitation, any advice given and statements made by us, other users or advertisers (if any).

11.6 Any decisions or action taken by you on the basis of information provided on or via the Website are at your sole discretion and risk.

11.7 If we breach these Terms we will only be liable for losses which are a reasonably foreseeable result of our breach or our failing to use reasonable care and skill. This means losses which could be contemplated by you and us at the time of entering into an agreement on these Terms.

11.8 You agree and acknowledge that we shall not be responsible or liable for:

(a) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or

(b) failure to provide the Website or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control; or

(c) your legal rights in relation to the products (which include right to receive products which are: as described and match information we provided to you and any sample or model seen by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987).

11.9 Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £250 or, if greater, the value of the applicable order made by you.

12 SECURITY AND PRIVACY

12.1 You must read our Privacy & Cookies Policy. This contains important information about our use of your personal information and other information regarding your privacy and our security processes and policies.

12.2 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone breaching paragraph 9.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website and you agree that, in such circumstances, we are entitled to disclose such information.

12.3 We are registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is [insert data controller registration number].

13 OTHER MATTERS

13.1 In these Terms, any phrase that includes the words “other”, “including”, “for example”, “such as” or “in particular” (or any similar expressions) shall be deemed to include the phrase “without limitation”.

13.2 We are constantly looking for new ways to improve the Website. We therefore reserve the right to amend these Terms at any time. We will always display an up to date copy of these Terms on the Website and we may contact you to let you know about any changes we have made. All such changes will take effect once they have been posted on the Website. Each time you use the Website, you are signifying that you agree to the then-current version of these Terms.

13.3 If we change these Terms and that change is to your detriment, you may request that your Account is terminated (or that any related agreement with us to provide services or Goods to you is terminated, where we have not yet provided the same and the Goods are not personalised) by accessing your Account on the Website and following the procedure stated there.

13.4 Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.

13.5 If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

14 GOVERNING LAW AND JURISDICTION

In the event of any dispute between you and us concerning these Terms, the relevant United Kingdom law will apply. If you wish to take court proceedings against us you must do so within the relevant United Kingdom courts.

These Terms were last updated on 13 June 2016.

Copyright © 2016 Totem Adornments Limited. All rights reserved.

MODEL CANCELLATION FORM

To: Totem Adornments Limited Bridle House 36 Bridle Lane London W1F 9BZ

I hereby give notice that I cancel my contract for the supply of the following goods:

Order details

Description: ……………………………………………………………………………….. ………………………………………………………………………………..

Order date: ………………………………………………….

Order number: ………………………………………………….

Customer details

Name: ………………………………………………….

Address: ……………………………………………………………………………….. ………………………………………………………………………………..

Telephone number: ………………………………………………….

Email address: ………………………………………………………………………………..

Signature: ………………………………………………….

Date: ………………………………………………….

Please fill in the required details and return this form by post to the Totem Adornments address stated above