Terms and Conditions

Last Update: 1 March 2021

This website (“Store”) is operated by Lucy Walker Jewellery PLT (referred to as “LWJ/we/our/us“). As a user (referred to as “you/your“) of the Store, you acknowledge that any use of the Store including any transactions you make (“use/using“) is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Shipping and Returns and Privacy Policy. Please read through these terms and conditions (“Terms”) carefully before using the Store or placing an order for our products.

 
 
 
 
 
 

1. General

1.1 We reserve the right to change these Terms at any time. Any such changes will take effect when posted on the Store (see date at the top) and it is your responsibility to read the Terms on each occasion you use the Store and your continued use of the Store shall signify your acceptance to be bound by the latest Terms.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

1.3 Member Account. If you open an account on our Store, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.

1.4 Export Limitations. Products acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.

1.5 No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms. You may not use the Store in any manner that could damage, disable, overburden, or impair any LWJ server, or the network(s) connected to any LWJ server, or interfere with any other party’s use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any LWJ server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including LWJ. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store unless expressly indicated otherwise.

1.6 Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of LWJ and LWJ is not responsible for the contents of any linked site or any link contained in a linked site. LWJ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LWJ of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.

 
 
 
 
 

2. Orders and Payment

2.1 You will be deemed to have placed an order in accordance with these Terms, and accepted the Terms of this Agreement when, you click on the relevant button(s) indicating your acceptance of these Terms, and complete your transaction.

2.2 A physical product or digital download (collectively, “Product”) becomes subject to these Terms when LWJ accepts your order by either: (1) shipping the physical Product; or (2) making the digital Product available to you. Confirmation of LWJ’s receipt of your order does not constitute LWJ’s acceptance of your order.

2.3 By providing us with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize LWJ to charge you for the Product(s) purchased using your payment method.

2.4 LWJ shall have the discretion to withhold delivery of Product(s) until full payment has been processed.

2.5 Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. LWJ may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the Products that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order and refund any monies paid.

2.6 LWJ may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions.

 
 

3. Delivery and Returns

3.1 LWJ will deliver your physical Products using any delivery method we deem appropriate, as updated on our Shipping and Returns policy. Digital Products will be made available to download directly on the Store.

3.2 The Product(s) shall be deemed to have been delivered to you when either you or your designated receiver of the Product(s) has signed for receipt of the Product.

3.3 We will accept returns and process refunds for eligible Products in accordance with our Shipping and Returns policy. Please be aware that some categories of Products are not eligible for return or refund.

4. Warranties and Limitations

4.1 All Product images as seen on the Store may be slightly different from the actual Product you receive.

4.2 TO THE EXTENT PERMITTED UNDER LAW, LWJ MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. YOUR PURCHASE AND USE ARE AT YOUR OWN RISK. WE PROVIDE PRODUCTS “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”. YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

4.3 LWJ DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.

4.4 If, despite these Terms, you have any basis for recovering damages arising out of or RELATING TO the Store, or any Product offered, your exclusive remedy is to recover from LWJ DIRECT total damages up to the price paid for the affected Product.

4.5 Neither you nor LWJ shall be liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings.

4.6 To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store, these Terms, or any Product offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT ACQUIRED FROM THE STORE; AND delays or failures in starting or completing transmissions or transactions.

5. Title

5.1 Where payment is made in full prior to the physical delivery of physical Products, LWJ will transfer the title to a physical Product to you when LWJ ships the physical Product to you.

5.2 LWJ bears the risk of loss for the physical Product until it is delivered to the location you specified in the order. Thereafter, you assume the risk.

5.3 For the avoidance of doubt, LWJ does not transfer title to digital Products.

6. Intellectual Property

6.1 All content included in or made available through the Store, such as logos, graphics, button icons, digital downloads, audio clips, images, campaign titles and data compilations is the property of LWJ or its content suppliers and is protected by copyright and trade mark laws.

6.2 You may display, store and print the content supplied only for your own personal use. You are not permitted to distribute, publish, manipulate or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Store nor may you use any such content in connection with any business or commercial enterprise.

6.3 If you print, copy, download or otherwise use any part of the Store in breach of these Terms, your right to use the Store will immediately cease and you must, at LWJ’s option, return or destroy any copies of the materials you have made. You shall not reverse engineer, decompile, disassemble, modify, translate or create derivative works of the Store.

6.4 Logos, graphics, button icons, page headers, scripts, and service names included in or made available through the Site are trademarks of LWJ. LWJ’s trademarks must not be used in connection with any product or service that is not provided by LWJ, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LWJ. All trademarks not owned by LWJ that appear on the Store are the property of their respective owners.

6.5 You must not use any part of the content on the Store for commercial purposes without obtaining a license to do so from LWJ. In the event LWJ becomes aware of any infringement of its intellectual property rights, we reserves the right to take legal action against you.

 
 

7. Force Majeure

7.1 LWJ shall not be liable to you for any breach, hindrance or delay in the performance of its obligations attributable to any cause beyond its reasonable control, including without limitation:

    • Strikes, lock-outs or other industrial action;
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
    • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents;
    • Impossibility of the use of public or private telecommunications networks; or
    • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(collectively, “Force Majeure Event“)

7.2 In the circumstance that the Force Majeure Event lasts for more than one month, either you or LWJ may terminate these Terms forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.

 

8. Notices

8.1 You can contact us by emailing us at shop@lucywalkerjewellery.com.

9. Assignment

9.1 These Terms are personal to you and cannot be transferred or assigned to any other person.

9.2 We shall be entitled to assign these terms and conditions to any other entity without prior notice to you.

10. Entire Agreement

10.1 These Terms are the entire agreement between the you and LWJ and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.

 

11. Data Protection

11.1 The nature of the Store means that we will obtain, use and disclose (together, “Use“) certain information about you (“Data“). This statement sets out the principles governing our Use of Data. By using the Store, you agree to this Use.

11.2 When you create an account or purchase Products, you will need to provide certain Data such as your contact details, address and demographic information. We will store this Data and use it to contact you, provide you with details of the Product you have purchased to and otherwise as required to fulfill your order.

11.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles market research and to provide you with communications.

11.4 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the fulfilment of Products and to ensure that you have access to relevant Products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Store.

11.5 This Store may link to third party websites and we are not responsible for their data policies or procedures or their content.

11.6 Lucy Walker Jewellery PLT endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

11.7 Your rights and our obligations are further set out in our Privacy Policy, which you expressly accept by your use of the Service.

11.8 If you wish to change or update the data we hold about you, please e-mail shaun@lucywalkerjewellery.com.

 

12. Governing Law and Jurisdiction

12.1 These Terms are subject to the laws of Malaysia and the parties hereto submit to the exclusive jurisdiction of the courts of Malaysia in connection with any dispute hereunder.

 

13. Severability

13.1 If any provision in these Terms shall for any reason be held to be unenforceable, illegal or invalid in any respect, such unenforceability, illegality or invalidity shall not affect other provisions of these Terms and these Terms shall then be construed as if such unenforceable, illegal or invalid provision had never been contained herein.

 

14. Headings

14.1 Headings used in these Terms are for convenience only and do not affect the construction or interpretation of these Terms.

15. Effective Date and Updates

15.1 These Terms are effective as of 1 March 2021 and are subject to change without notice by Lucy Walker Jewellery PLT at any time. Please check for changes regularly. Your use of the Store after such changes constitutes your agreement to such changes.