Terms of Service

Overview

This website is operated by Jane & Alicia. Throughout this site the terms “we”, “us” and “our” refer to Jane & Alicia. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Please read these Terms of Service carefully before accessing or using our website, www.janeandalicia.com. By accessing or using any part of the site, or placing an order with us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services including those additional terms and conditions and policies referenced herein and/or available by hyperlink. In agreeing, you acknowledge that we may collect personal information from you and that this will be stored on our database, for use in accordance with our Privacy Policy given on this website.

We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms of Service from time to time and it is your responsibility to check these Terms of Service from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

As a consumer you have statutory and legal rights, none of which are affected by these Terms of Service.

The Content of this website including logos, photographs, text, artwork, graphics, trademarks, sounds and music, user and visual interfaces and computer code, belong to Jane & Alicia unless otherwise stated.

The Content (including: arrangement and structure of design, selection and aesthetics) is protected by copyright, trademark and other intellectual property rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website content, use of, access to, or any contact on the website through which the service is provided, without express written permission by us.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

We reserve the right to update or otherwise amend these Terms of Service. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Any communication which you submit to the website which may attract copyright or other intellectual property rights shall become Jane & Alicia’s property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy.

Our shop is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Online Shop terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Products or services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please read our Returns Policy.

6. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

7. Third party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

9. Personal information

Your submission of personal information through the shop is governed by our Privacy Policy. Please read our Privacy Policy available on this website for more information.

10. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

11. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

12. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jane & Alicia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend and hold harmless Jane & Alicia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and the jurisdiction of the English courts.

16. Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

17. Contact information

Questions about the Terms of Service should be sent to us at (hello@janeandalicia.com)

18. Product Descriptions

We take all reasonable care to ensure that each piece offered on our website is described and represented as accurately as possible, including but not limited to the colour and finish of the piece. Please note that the specific colours of items can only be approximated due to variations in monitors, and different browsers and systems used. Each antique or vintage piece in our collection of jewellery and accessories is unique, and thus we are unable to offer identical replacements.

All our antique or vintage pieces are second hand, and will in all probability have been worn and possibly resized, repaired or restored by a previous owner. The condition of any piece will be commensurate with the age of that piece. We aim to make a fair and reasonable judgement of the condition of each piece, including noting resizing, repair or restoration.

19. Availability of Pieces

We carefully select each piece for sale on our website. Once an item is sold, it is taken off the website, or marked as Sold as soon as reasonably possible. The stock position relating to a particular item may change between the time when your order is placed, and the time when the Order is accepted. If the item ordered becomes out of stock before we accept your Order, then Jane & Alicia shall not be liable to you for being unable to provide that item. In such a situation, we shall notify you as soon as possible and will not charge you for the out of stock Item.

20. Pricing Policy

Prices shown on the Website are in British Pounds (£) and are inclusive of UK value-added tax (“VAT”) (where applicable), at the appropriate rate, and are correct at the time that the item description was first listed on the Website. We endeavour to ensure all our item prices are accurate, however, errors may sometimes occur. If we discover such an error in the price of an item you have ordered, we will be unable to accept your order and shall contact you as soon as possible. We will give you the option of either reconfirming your order at the correct price, or cancelling it. If we are unable to contact you, we will cancel the order.

21. Order process

In so far as possible, Jane & Alicia takes all reasonable care to keep the details of your order and payment secure. Unless we have been negligent, if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an order on the website, we will not be liable for any loss you may have suffered.

Please read our Privacy Policy for more information on how we protect and use the Personal Information you have provided when using this website.

The contract between you and Jane & Alicia will be conducted in English and subject to the laws of England and the jurisdiction of the English courts. Once we have received your payment, and you have received your item, the contract of sale will be complete and responsibility of ownership (and so risk of loss or damage to such) will pass to you.

We may not be able to accept your order due to any of, but not exclusive to the following points:

The item you ordered is no longer available
We have identified that an item description or price is incomplete or inaccurate
Your payment cannot be authorised, for example because our payment processes are unable to validate your purchase
A system or procurement failure has occurred

22. Payment

We currently only accept payments on our website in British Pounds.
Payments can be made on our website with either PayPal (www.paypal.com) or Stripe (www.stripe.com).
If you choose to pay for your order using a payment card with a currency denominated account that is different from the currency you are paying in; your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
Please read our Privacy Policy to find out how your payment information is used when placing an order.

23. Delivery

You must provide us with complete and accurate shipping address information. We cannot be liable for the delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
All items will be shipped via Royal Mail unless an alternative courier is agreed upon between Jane & Alicia and you the customer.
Deliveries do not include the cost of insurance unless specifically arranged between Jane & Alicia and you the customer
International delivery: Please note that local import taxes or duties are the responsibility of the customer; Jane & Alicia cannot be held accountable for any charges or any delays that may occur at customs.
The delivery charge(s) applicable to your Order are given prior to your order being accepted.
We cannot be held responsible for any delays or disruption in delivery of your purchase, which may be due to unforeseen factors or events outside our control. Such instances may include disruption to transportation, industrial action or extreme weather. Jane & Alicia shall not be liable for any delay or failure incurred in the deliver of your Order by a third party courier.

24. Cancellation

Our cancellation and returns policies are given in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Under EU regulations, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your order.
Please read our Returns and Refunds policy for details and information concerning cancellation of an order.

25. Refunds policy

Please read our Returns and Refunds policy for details and information concerning cancellation of an order.