1. INTRODUCTION
1.1 These terms and conditions of service (hereinafter referred to as the “Terms of Service”) apply to the entire contents of this website, i.e. www.maltjewellery.com and all pages contained therein (hereinafter referred to as the “Website”). They contain important information explaining your rights to access and use the Website. The Website is operated MALT Jewellery, based in the United Kingdom. Throughout the Website, including in these Terms of Service and any other policy, the terms “I”, “me”, “my”, “we”, “us” and “our” refer to MALT Jewellery.
1.2 Please read these Terms of Service carefully before accessing or using the Website. You should pay particular attention to the “Disclaimer of liability” section as this excludes or limits our legal liability in connection with your use of the Website. By accessing or using the Website and/or placing an order through the Website, you agree to be legally bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you must immediately stop using the Website. If you breach any of these Terms of Service, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2. CHANGES TO THE TERMS OF SERVICE
2.1 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time without notice by updating these pages.
You agree to review this section of the Website periodically to determine whether the Terms of Service have been changed. Your access to or use of any part of the Website at any time shall constitute your agreement to the latest published version of the Terms of Service. If you do not agree to any change to the Terms of Service, you must immediately stop using the Website.
2.2 Certain provisions of these Terms of Service may be amended or superseded by legal notices or terms located on particular pages of the Website or on materials that are downloadable from the Website.
3. USING THE WEBSITE
3.1 This Website is a place for you to find out more about us. Unless otherwise specified, all content and materials published on the Website are presented solely for your private, personal and non-commercial use.
3.2 The information and products shown on the Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. If accessing the Website or using of any material or content on the Website infringes any applicable law in your jurisdiction(s), you are not authorised to access or use the Website and you must exit immediately.
3.3 We reserve the right to terminate your access to the Website at any time without notice.
4. MODIFICATIONS TO THE WEBSITE, SERVICES AND PRICES
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website or the content or services – including the prices therefor – available through it, including your access to the Website, with or without notice to you. Unless explicitly stated to the contrary, any new features including new content, shall be subject to these Terms of Service. You confirm that we shall not be liable to you or any third party for any changes to or permanent or temporary withdrawal of the Website.
5. PRODUCTS OR SERVICES
5.1 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 Returns and exchanges policy.
5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor or device’s display of any colour will be accurate.
5.3 We reserve the right, but are not obliged, 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.
5.4 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited.
5.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you shall meet your expectations, or that any errors in the service shall be corrected.
6. INFORMATION YOU PROVIDE TO US
6.1 The following applies to any information you provide to us through the Website, which may include your name, address, telephone number and email address.
- We may use this information to respond to your enquiries.
- We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email for these purposes only with your consent, if this was given at the time you provided us with the personal data, or you have opted in to receive email communications from us.
- We may use this information as necessary for certain legitimate business interests, which include the following:
- to administer our Website, better understand how visitors interact with our Website and ensure that our Website is presented in the most effective manner for you and for your computer/device.
- to conduct analytics to inform our marketing strategy and enable us to enhance and personalise the experience we offer to our members and our communications, including by creating customer or member profiles to enable personalised direct marketing communications.
For more details about how we store and handle data, including cookies, please refer to our Privacy policy.
- to provide postal communications which we think will be of interest to you.
- if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing.
- to (a) comply with legal obligations; (b) respond to requests from competent authorities; (c) protect our operations or those of any of our affiliated businesses; (d) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (e) enforce or defend legal rights, or prevent damage.
6.2 We share your personal data with selected third parties who act on our behalf to support our operations, such as IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and web analytics providers. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
6.3 We retain information submitted through the Website for seven (7) years following contact with you, as applicable. When you consent to receive marketing communications, we will keep your data until you unsubscribe. Upon expiry of the applicable retention period, we will securely destroy your personal data in accordance with applicable laws and regulations.
6.4 Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
(a) Right to access. If you ask us, we shall confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional copies, we may need to charge a reasonable fee.
(b) Right to rectification. If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we shall inform them of the correction where possible. If you ask us, and where possible and lawful to do so, we shall also inform you with whom we shared your personal data so you can contact them directly.
(c) Right to erasure. You may ask us to delete or remove your personal data, for example, where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we shall inform them of the erasure where possible. If you ask us, and where possible and lawful to do so, we shall also inform you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary due to a legitimate interest in doing so on our part.
(d) Right to restrict processing. You may ask us to restrict or “block” the processing of your personal data in certain circumstances, such as where you contest the accuracy of the personal data or object to us processing it. We shall tell you before we lift any restriction on processing. If we shared your personal data with others, we shall inform them of the restriction where possible. If you ask us, and where possible and lawful to do so, we shall also inform you with whom we shared your personal data so you can contact them directly.
(e) Right to data portability. You have the right to obtain your personal data from us that you consented to give us or that was provided to us as a prerequisite of our contract with you. We shall provide you with your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
(f) Right to object. You may ask us at any time to stop processing your personal data, and we shall do so:
(i) if we are relying on a legitimate interest to process your personal data – unless we demonstrate compelling legitimate grounds for the processing; or
(ii) if we are processing your personal data for direct marketing.
(g) Right to withdraw consent. If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This shall not affect the lawfulness of the processing of your data undertaken before we received notice of your withdrawal of consent.
(h) Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear such concerns (you may find EU Data Protection Authorities’ contact information here).
6.5 If you wish to exercise any of these rights, please contact us as described in section 6.6. below. We may also need to ask you for further information to verify your identity before we can respond to any request. We shall respond to you in any case within 30 days.
6.6 Questions, comments or requests regarding the above should be addressed to info@maltjewellery.co.uk, or you can use our contact form.
6.7 For more information on the use of your data, please consult our Privacy policy.
7. MISUSE OF THE WEBSITE
7.1 You may use the Website for lawful purposes only. You shall not misuse the Website, including, without limitation, by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you shall not access without authority, interfere with damage or disrupt the Website or any part of it, any equipment or network on which the Website is stored, any software used in connection with the provision of the Website, or any equipment, software or website owned or used by a third party. You shall not attack the Website via a denial-of-service attack.
7.2 Without prejudice to our other rights or remedies, we reserve the right to pursue legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this section of the Terms of Service, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
7.3 You are prohibited from using the Website 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, 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 collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the aforementioned prohibited uses.
8. COPYRIGHT
8.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. All intellectual property rights in the contents of the Website (including, without limitation, all text, graphics, logos, names, artwork, photographs and videos) are owned by us or our licensors. All product and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners. All rights are reserved.
8.2 You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
8.3 Any commercial use or exploitation of the Website or its content is strictly prohibited.
9. LINKED WEBSITES
9.1 Where the Website contains links to third-party websites and resources, these links are provided for your information only. We have not reviewed these websites and are not responsible for their availability, accuracy or content or for any loss or damage that may arise out of your use of them.
When you access any other Website you understand that it is independent from us and that we have no control over the content or availability of that website. Access to third-party websites is entirely at your own risk. You should read any terms and conditions applying to the use of any third-party website that you visit and address any complaints or queries relating to such websites to the operator of that website.
Please be aware that a link to any other website does not mean that we endorse or approve of or accept any responsibility for the content or use of such a website.
9.2 You may not use any part of the Website on any other website or link any other website to the Website without our prior written permission.
10. DISCLAIMER OF LIABILITY
10.1 All content, materials and information on the Website are provided on an “as is” basis and “as available” basis, for information purposes only and without any conditions, warranties or other terms of any kind. You assume total responsibility and risk for your use of the Website and use of all information contained therein.
10.2 We undertake no obligation to update the Website or to correct any inaccuracies which may become apparent, but reserve the right to do so without notice to you.
10.3 We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
11. APPLICABLE LAW
11.1 These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute regarding these Terms of Service and any and all dealings between us and you.
11.2 The Website has been approved for access in the United Kingdom. We do not warrant or otherwise represent that the Website, use of the Website or these Terms of Service (in whole or in part) are in compliance with laws of or available for use in locations outside this territory. If you choose to access the Website from locations outside this territory, you do so at your own initiative and are responsible for compliance with local laws.
12. REPLACEMENT
12.1 These Terms of Service replace all other terms and conditions previously applicable to the use of the Website and its services.
