These Terms of Service are effective immediately and were last updated on 01 July 2016.
SMITH/GREY™ and https://smith-grey.com is a e-commerce service operated by Birgit Marie Schmidt and Sofus Graae, referred to as, "we", "us" "our" "SMITH/GREY" in this agreement.
SMITH GREY LTD is a private limited company registered in England and Wales under registered number 8283389, with its registered address at 42 Britton Street, London, EC1M 5AD, England.
SMITH/GREY™ and https://smith-grey.com website (described as "site" or "Sites" in this agreement) and related services are made available to you to the following Terms of Service for Use ("ToS") and any other rules posted on our Site.
By visiting the Sites, you are accepting and consenting to the terms and practises described in the ToS. We hold the right to modify the ToS from time to time.
Your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified ToS. Please read our Terms of Service for Use and check back often. If you disagree with any changes made to the ToS, then please immediately stop using the site.
Contract between you and SMITH/GREY
Before your order can be accepted we must receive payment in whole for the price of the goods that you order.
Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to the e-mail address provided by you in your order form.
Our acceptance of your order brings into existence a legally binding contract between us, concluded in London, England and the language of the contract is English.
To order goods and to transact through this site, you must be entitled to enter into legally binding contracts. Individuals unable to perform legally binding contracts are prohibited from ordering goods using the Sites.
If you do not qualify do not use this site, SMITH/GREY holds the right to refuse to process a transaction or order for any reason at any time.
Please refer to our Shipping & Delivery Terms for information on costs of delivery. We will use our reasonable endeavours to ship the goods or services within the times indicated.
However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.
Under no circumstances will we ship any items if we have not received full payment for the price of the goods that you have ordered on the Sites.
- Please contact SMITH/GREY and request a Return Number (RN) by emailing email@example.com.
- We will send you a Returns Form along with your RN. Fill in the form and enclose in package.
- The item(s) must be packed securely in the packaging in which you have received it.
We are not liable to refund you if the jewellery item is returned to us broken.
Please enclose any additional items (jewellery box, promotional gifts). We only accept items in their original state, packaging and condition.
- Once you have added all items and the Returns Form pack the items back via tracked service to:
- 42 Britton Street
- EC1M 5AD
Cancellation by us
SMITH/GREY reserves the right to cancel the contract between you and us if we;
- have insufficient stock to deliver goods you have ordered;
- do not deliver to your area; or
- if one or more items you ordered was listed at an incorrect price due to a typographical error.
If we decide to cancel your contract we will send you an email to notify you and re-credit to your account any amount deducted by us from either your credit card or PayPal account as soon as possible (in any event within 30 days of your order). We cannot offer any additional compensation for disappointment suffered.
We might send you our SMITH/GREY newsletter from time to time to the e-mail address you have provided during your purchase or when using the contact form. You can unsubscribe any time by clicking the 'unsubscribe' link at the bottom of our newsletter or by sending an email with the subject 'unsubscribe' to firstname.lastname@example.org.
If any products we deliver to you are damaged, defective, of an incorrect quantity or not what you ordered, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the products. If you notify us of a problem, our obligation will be to either,
- make good any shortage or no-delivery;
- replace any goods that are damaged or defective;
- refund you the amount paid by you for the goods in question in whatever way we choose.
Interllectual Property Rights
You agree and acknowledge that all designs, logos, copyright, trademarks and all other intellectual property and material rights relating to the Content of this Site, including Software and all HTML, CSS and other code contained in this Site, shall remain at all times with the Sites, unless otherwise stated.
Such Content, including third party trademarks and copyrights displayed or mentioned on the Sites are protected by national or international property and other laws.
You are only permitted to use the Content as authorised in written by SMITH/GREY. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties.
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law.
The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
Events beyond our control
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Eligibility to purchase
The purchase of products through the Sites is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet SMITH/GREY's terms of eligibility, who have been issued a valid credit card by a bank acceptable to SMITH/GREY, whose applications are acceptable to SMITH/GREY and who have authorised SMITH/GREY to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.
Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. SMITH/GREY reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Pricing and payment
The prices payable for goods that you order are as set out on our website. All of our prices are in UK Pounds Sterling. You will be billed in UK Pounds and if you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
If you are buying from outside the UK, you will also incur any duties levied by the jurisdiction to which you have specified delivery. Payments can be made by Visa, MasterCard, American Express as well as PayPal and credit cards supported by PayPal.
Payments will be debited and cleared from your account upon receipt of your order by SMITH/GREY. If the issuer of your payment card or method refuses to authorise payment to SMITH/GREY, we will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe and secure, our shopping cart includes an SSL certificate that uses industry standard 256 bit encryption technology.
This is the same level of encryption used by large banks to keep your information secure. Please don't try to send orders via email, as we cannot guarantee any secure transmission of details. If you're still worried about security over the Internet, then please contact us by email and we will call you back at your convenience.
Satisfaction guarantee and right to cancel your contract
SMITH/GREY guarantees your total satisfaction with our products and services. In the unlikely event that you are unhappy with your purchase, you can return the items to us within 14 days of receipt of order and we will be happy to offer you either an exchange or full refund minus any postage costs, providing the goods are returned in perfect condition as follows:
- You have not worn or damaged the jewellery or packaging.
- You have contacted us within 14 working days of receiving your goods at email@example.com to request a 'Returns Number (RN)'.
- You return your goods within 7 days of receiving your RN.
Bespoke and engraved items are Made To Order items, which means that the item will be made or customised especially for you. Because of this, these pieces of jewellery cannot be exchanged or returned under any circumstances.
For reasons of hygiene, we are unable to offer exchanges or refunds on earrings.
Returns are to be received by SMITH/GREY within 7 days after receiving a RN. Returns outside this timeframe may be accepted at the discretion of SMITH/GREY and may only be refunded as store credit. Please see below returns procedure for your information.
If you have requested an exchange we will only be able to ship your exchanged goods once we have received the returned item(s). You will be charged for any additional cost and any additional shipping, taxes and import duties.
Credit notes or exchange to giftcards
An item may also be exchanged for a Credit Note or Gift Card, under the parameters outlined in this Returns Policy. Credit Notes and Gift Cards are valid for 12 months from the date of issue.
These can only be used to purchase goods on this website and can not be used in combination with any other promotion, Gift Card or Credit Note.
We offer you the opportunity to purchase Gift Cards on our website which will be sent to your stated delivery address. The Gift Card will carry a unique code which can be used during check out on our website to deduct the amount stated on the Gift Card from your total purchase. Gift Cards are valuable for 12 months from date of issue. Our Gift Card is not a cheque guarantee, credit or charge card.
The recipient of our Gift Card(s) may use the card to purchase good(s) on our website the Sites or it's associated subsets.
Gift Cards can not be used to purchase SMITH/GREY products any other online store expect the Sites. Our Gift Cards can not be redeemed or exchanged for cash. When you use your Gift Card, the amount of your purchase will be deducted from the balance stated on your Gift Card.
If you do not spend all of your balance we will issue an additional Gift Card with your remaining balance to use at a later point. Gift Cards cannot be combined with other promotional offers, Gift Cards or Credit Notes.
Copyrights, Trademarks & commercial use
You agree and acknowledge that all materials including photographs, images, illustrations, designs, layout, text or script, including software and HTML and other code contained in this Site are part of the Sites and are protected by copyright, trade mark and/or other intellectual property rights owned, controlled or licensed to SMITH/GREY.
The contents of the site and the site as a whole are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for the sole purpose of placing an order with SMITH/GREY or using the site as a shopping resource.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software.
SMITH/GREY is a Registered Trademark of Birgit Schmidt and Sofus Graae.
SMITH/GREY is not authorized by and is not associated with any of the publications, journals, blogs or press contacts that might be featured on this website.
If any part of these terms and conditions is unenforceable, unlawful or for any reason 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.