Terms & Conditions
Terms & Conditions
The Terms and Conditions below shall apply to all use of Skywork online shop’s Website (the "Website") and purchase of products through the Website, and register to a Skywork member.
“Customer”, “You” “Your” or “User” means any person using or visiting the Skywork e-shop website.
"Company", "Us" or "We" means Skywork e-shop website
“Skywork”, “Skywork e-shop”, “Skywork Creations” means Skywork Creations Co.
“Goods” means any goods supplied or to be supplied by the Skywork to the Customer
“Terms” means these terms and conditions.
“Contract” means the contract between us for the sale and purchase of the goods which incorporates these Terms & Conditions.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of [Skywork e-shop] or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by [Skywork e-shop] and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Price may be subject to change any time at the discretion of Skywork Creations Co. Despatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
1. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been despatched to you. Only those goods listed in the confirmation e-mail sent at the time of despatch will be included in the contract formed.
2. Product Pricing and Availability
While we make every attempt to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we discover any goods you have ordered are out of stock, we will inform you of this as soon as possible and cancel such order placed. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate. The cost of packaging and postage/carriage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods. All published prices are subject to change at any time without notice.
3. Product Description
While every effort is made to display the colours of our products appearing on this website as accurately as possible, colours do vary from monitor to monitor. We thus cannot guarantee that the colour, texture or details of the actual merchandise displayed on your computer monitor will be completely accurate. Please allow 3mm deviations for the measurement of each product sizing. The finishing colour of each piece can be slightly different from the photo
Gemstone and Materials colour displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Skywork Creations and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Skywork Creations Co.'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
4. Ordering goods online
You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery. We do not store our customer's financial details.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
We must receive payments by Paypal in full before goods are delivered.
We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed. We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise. You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
8. Cancellation or Amendment of Orders
We cannot make any amendments or cancel orders once they have been submitted and dispatched.
9. Faulty goods and returns.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within 7 days of purchase. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same colour and style, subject to availability. Where possible, we will offer to repair faulty items. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If you wish to return a faulty goods then you should email us at email@example.com to notify us of the return. Any items returned without prior notice in writing will not be accepted and it should be returned in their original packaging to ensure they are adequately protected in transit and should be returned new, unused, and with all the tags still attached. Returns that are damaged or soiled will not be accepted and may be sent back to the customer. Customer can return the faulty good to our company address.
Goods returned outside of the above timeframes will not accepted and will be returned to the customer.
10. Warranties and liability
We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing). We will not have any responsibility for any damage which occurs to the Goods after delivery. If any defect in any Goods appear within a month of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense. We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
11. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Skywork e-shop. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Skywork e-shop.
Terms of site
In the Site, Skywork e-shop provides users with access to sales of jewellery items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
1. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Skywork e-shop and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Skywork e-shop.
2. Intellectual Property, Software and Content
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Skywork Creations Co. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, browsing our products and placing an Order with us. Any other use is strictly prohibited without our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You agree to indemnify, defend and hold harmless Skywork e-shop, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Skywork e-shop shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.