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Terms & Conditions

Livia Wednesday (hereinafter also referred to as “Company”, “we”, “our” or “us”) operates www.liviawednesday.co.uk (“Website”) and provides quality handmade jewellery including earrings, necklaces and other products like homeware to their customers (“Services”).

These Terms and Conditions (“Terms”) govern the Products and use of the Services provided by the Company. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.

Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services.

If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

Agreement to terms

By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is otherwise inappropriate.

The terms ‘customers’, ‘visitor(s)’, ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.

Acceptance of other terms and policy

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all users:

  • Privacy Policy

  • Cookies Policy

  • Refund Policy

  • Shipping Policy

Eligibility conditions

In order to use the Website, you need to be eighteen (18) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. The Company shall not be liable in case of any false information is provided by the user including the user’s age and the user and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.

The Company disclaims all liability arising out of such unauthorised use of the Website and any third-party liability arising out of your use of the Website if you are a minor.

Registration, accounts and passwords

A user is required to create an account by using an email and password and providing the necessary details about the user in order to be eligible to use our Services. User(s) are responsible for the personal protection and security of any password or email you may use to access the Website. You are responsible for all activity conducted on the Website that can be linked or traced back to your email or password.

You are obligated to immediately report a lost or stolen password or email to us. If you believe someone has used your password or account without your authorization, you must notify us immediately.  We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.

Email Communication

By purchasing on the Website or otherwise creating an account on the Website, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us.

Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

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 email 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 judgment, 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 store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

Product information and pricing

We strive to provide accurate and up-to-date information about our products on our Website. However, we do not guarantee the accuracy, completeness, or reliability of the product information, including but not limited to product descriptions, prices, images, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

The prices are subject to change without notice, and we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed.

The images of the products on our website are for illustrative purposes only and may not represent the actual product. We cannot guarantee that the colours, sizes, or other product features shown on our website will be accurate, and we are not liable for any discrepancies between the product information on our website and the actual product received by the customer.

We encourage you to carefully review the product information, including but not limited to the product descriptions, prices, and images, before making a purchase. If you have any questions or concerns about a product, please contact our customer service team for assistance.

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Special prices may be limited to certain merchandise and quantities in stock. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Offers and discount

The usage of any discount codes requires the code to be entered at the time of checkout to be valid. It is the responsibility of the customer to ensure that the discount has been applied before finalizing the order. Please note that discount codes cannot be used simultaneously with other discount codes or offers. In the event that multiple discounts have been applied, we reserve the right to refuse service.

Use of the platform and the services

You may use the Platform and the Services only for lawful purposes and in accordance with these Terms of Conditions.

You hereby agree not to use the Platform and the Services:

  1. In any way that violates any applicable national or international law or regulation.

  2. For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise.

  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

Additionally, you agree not to:

  1. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  2. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which the Platform is stored, or any server, computer, or database connected to Service.

  3. Take any action that may damage or falsify the Platform’s reputation.

  4. In any way decompile, reverse engineer, or disassemble any material or content on the Website.

  5. Otherwise, attempt to interfere with the proper working of the Platform and the Service.

We are entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Privacy and usage of cookies

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of the Privacy policy.

Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime by unsubscribing. For more information please refer to our Privacy Policy and Cookie Policy.

Intellectual property rights

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Copyright Policy

© Copyright 2023 Livia Wednesday. All Rights Reserved.

We respect the intellectual property of others and expect others ("you" or "your") to do the same.  It is our policy, in appropriate circumstances and at our discretion, to disable people who repeatedly infringe or are charged with infringing copyrights or other intellectual property rights.

Pursuant to the Digital Millennium Copyright Act (“DMCA”), If you’re a copyright owner or authorised to act on behalf of one, you can report alleged copyright infringements on the Website by completing the DMCA Notice of Alleged Infringement and sending it to us at  info@liviawednesday.co.uk

If you believe that your work has been copied, adapted, reproduced, or exhibited on this Website in a way that constitutes copyright infringement, or if you believe that your work has been rebroadcast, redistributed, re-streamed, encoded or transcoded or otherwise reproduced in a way that violates your intellectual property rights, and you would like Livia Wednesday to remove the allegedly infringing Content from the Livia Wednesday Website you must provide written notice of the claimed infringing activity.

When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from the Website.

Any notice of possible copyright infringement must include the following information:

  1. An electronic or physical signature of the owner or person authorised to act on behalf of the own electronic or physical signature of the owner or of the person authorised to act on behalf of the owner of the copyright interest;

  2. Identification of the copyrighted work (or works) that you claim has been infringed;

  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the Website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.)

  4. A clear description of where the infringing material is located on the Website and/or Livia Wednesday network, including as applicable its URL so that Livia Wednesday can locate the material;

  5. Your name

  6. Your address

  7. Your telephone number

  8. Your e-mail address;

  9. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  10. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WE CAUTION YOU THAT UNDER FEDERAL LAW IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Reviews and feedback

We allow the posting of reviews for the content posted on the Website. We love hearing from our users! So, if you would like the content, please feel free to leave a review on our Website. By submitting a review, you acknowledge that your comments may be used on our Website or in our marketing materials. We reserve the right to edit or remove any reviews that contain inappropriate or offensive language. Any user failing to comply with the Terms may be expelled and refused continued access to, the ability to post reviews in the future.

Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders, other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than the Company itself are solely the opinions of those users and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, reviews, ratings, or other information, provided by you (collectively, “Feedback”) to us is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sub-licensable right to use such Feedback for any purpose without any compensation or attribution to you.

Guidelines for feedback

We may provide you with areas on the Services to leave Feedback. When posting Feedback, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

Indemnification

You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold the Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.

No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

We do not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our server(s) are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use).

No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.

We disclaim any and all liability or responsibility in relation to the Website Content made available through the Services. We are not responsible or liable in any manner for the third-party content and services associated with or utilised in connection with the Services, including the failure of such third-party content and services, including but not limited to the content and/or services of our Business Partners.

We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and the Business Partners with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, or enhancements to the Website.

Severability

The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."

Force Majeure

No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God or delays of common carriers or other circumstances beyond its reasonable control.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute 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.

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

Notices

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Governing law and jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of the United Kingdom (UK) and the courts of Doncaster, England ​​shall have exclusive jurisdiction over any dispute arising under this Agreement.

In the event of a dispute between you and the Company, our primary objective is to offer a fair and cost-effective means of resolving the issue promptly. We strongly recommend that you first contact us in an effort to reach a resolution. If your dispute remains unresolved after contacting Customer Service, all legal notifications and formal disputes should be directed to the Company's designated email address as mentioned in the preceding clause.

We are open to exploring alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation, as permitted by the Laws of the United Kingdom (UK). The designated location for alternative dispute resolution is in Doncaster, England.

Removal of doubts

Notwithstanding anything stated in these Terms for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the Company may take a decision as it may deem fit. The decision of the Company shall be final.

Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Amendments

Notwithstanding anything contained hereinbefore, The Company may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.

Contact us

After reviewing this policy, if you have any additional questions, concerning these Terms please contact us by sending an email to info@liviawednesday.co.uk by adding the word “Terms and Conditions” in the subject line.

Last Updated: November 1, 2023

Effective Date: November 1, 2023

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