Terms and Conditions
Please also see our FAQ’s for current information and links, our sending information and contact details. Keep a copy of these and your order for your records (please do not print, you can save a PDF version to your computer, phone or tablet and we recommend saving a copy to your cloud as well)
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions:
(a) “we” means Keepsaker Ltd trading as Keepsaker Supplies; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart with all details in the comments, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You must read our Delivery Policy here.
3.4 You will have the opportunity to identify and correct input errors on your order by emailing us on info@keepsakersupplies.com with your order number (messages via social media like Facebook or Instagram are not accepted).
4. Products
4.1 The following types of products are or may be available on our website from time to time: customised items without clients’ own elements (for example engraved jewellery, rings made to size) and non customised items designed to be mixed with a customer’s own items (such as shimmers) and non customised items (for example moulds in stock).
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
Consumer Rights Act 2015
Section 9 Goods to be of satisfactory quality
(4) … does not cover anything which makes the quality of the goods unsatisfactory (a) which is specifically drawn to the consumer’s attention before the contract is made
Section 10 Goods to be fit for particular purpose
… applies to a contract to supply goods if before the contract is made the consumer makes known to the trader … any particular purpose for which the consumer is contracting for the goods
Section 11 Goods to be as described
(4)Any information that is provided by the trader about the goods … (main characteristics of goods) is to be treated as included as a term of the contract
Section 19 Consumer’s rights to enforce terms about goods
4.3 Our settings are all hand finished/polished. Although we try our best to remove scratches we can’t always achieve a perfect finish in-house. We use a magnetic pin polisher so all of our pieces have a satin finish. You’re welcome to refinish any pieces you feel could be polished better or if you need a mirror finish. If you require a finish with no imperfections we will be happy to recommend other retailers who have the equipment to achieve that.
4.4 Rings will be made by custom order to the size you request and due to tolerances on ring sizing equipment they may be one UK ring size (half a US ring size) larger or smaller than requested, this is not classed as a fault.
4.5 Rings – You must check the ring size of each ring you receive upon receipt and contact Keepsaker Supplies if you believe the size is wrong. Although rings are made by custom order and are not suitable for return (see section 4.1 above) you may return for store credit or exchange any ring purchased for any reason. If you have ordered the wrong size or the sizing tolerance means it will not fit your customer’s requirements please get in touch straight away.
4.6 Rings are soldered with medium and hard solder paste with a large surface area connecting the shank and the bezel cup. The bezel cup will not come off unless the ring is hit very hard or damaged in some other way. If a third party, i.e. your own customer, damages their ring we would recommend you purchase the setting again and charge the customer a fee (including the cost of the ring) to replace it. Some band styles are fragile, this is pointed out in the product description for these items, they must be worn very gently. We do not accept responsibility for damaged rings covered under this section.
4.7 The ingredients of our Breastmilk Preservation Powder is strictly confidential and secret. It absolutely must neither be ingested nor breathed in (wear PPE including gloves and respirator at all times and keep away from children and pets). In case of emergency all of the ingredients are found in food products apart from one, which is borax (NOT boric acid). Borax is found in food in many countries but is banned in others, it’s found in cosmetics and children’s slime. If accidentally ingested please contact emergency services or a healthcare provider immediately and inform them of the above. This is sold as a pigment, we are not required to give out ingredients.
If in doubt please do not proceed with an order.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT (N.B. we do charge VAT, this will be added on at checkout for UK clients).
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
5.6 International (non-UK) customers may need to pay fees to receive items from us. Each country has different rules and charges for receiving items purchased from the UK. We do not include shipping in the value of the item so you won’t need to pay tax on the price you paid for postage. N.B. there other charges from the courier company for dealing with customs and taxes. Please consider this when making a purchase as it is your responsibility to pay any import fees due. We recommend speaking with local businesses and customs officials/government to find out what to expect. We will under no circumstances be able to pay these fees for you.
5.7 Coupons may not be stacked (applied consecutively or to the same basket) and any coupons must be applied to the basket or at the check out before payment. Coupons cannot be applied to orders which have already been paid for.
5.8 Free shipping is discretionary and may be removed at any time or the minimum amount changed.
6. Payments
6.1 You may, during the checkout process, pay the prices of the products you order or pay by instalment before the order is shipped.
6.2 Payments may be made by PayPal (PayPal account or card payment), card payment via Square or by bank transfer.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Complaints
7.1 If you wish to complain or have an issue with an order, please email info@keepsakersupplies.com and we will reply within 14 days and attempt to find a fair solution; please double check your consumer rights, especially section 9 and 19 of the Consumer Rights Act 2015 before you email. You must include your full name and order number and order details from My Account.
7.2 If you are unhappy with the result please contact the Online Dispute Resolution Service; it is a free service. It is not necessary to threaten “legal action” or pay any fees as this is a free impartial specialist. If you would like to contact the Citizens’ Advice Bureau please tell them that we have offered ODR.
8. Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in our Delivery Policy document.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the time period set out below; however, we do not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances all items ordered will be completed within four weeks* following the later of receipt of payment and the receipt of customer specifications for customisation. Our current estimated lead time is always available to view on the Frequently Asked Questions page.
8.5 Please allow an additional two weeks for orders which need to be sent off for hallmarking.
8.6 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 5 days following order completion.
8.7 We will process your order within four weeks this may be extended to two months in the case of death or serious illness. Please see the FAQ page for current lead time estimates.
8.8 The date of an order is whenever we receive your order and payment, whichever comes later.
8.9 We are protected under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134 PART 5 Regulation 42 Time for delivery of goods (1-2) This regulation applies to any sales contract… Unless the trader and the consumer have agreed otherwise. (see 8.7 where you are agreeing to eight months)
8.11 If you require your item sooner this will need to be negotiated before placing the order and specifically mentioned in the order notes on the checkout page.
8.12 We will always display our current lead time in the frequently asked questions and reserve the right to change our lead time before an order is complete. We may increase the lead time by up to two months during this time. Lead times are advisory only as the pieces are labour intensive and need to be made several times and we reserve the right to complete within a reasonable time outside of the advised lead time.
8.13 We are not responsible for shipping delays after an order has been dispatched and will not refund any shipping where it has been delayed outside of our control. Shipping lead times are given as an estimate and should not be relied upon for your own lead times
8.14 International orders stuck in transit are taking up to ten weeks to arrive. If we do replace an order lost in transit it will not be until three months after the original order was dispatched
9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them); and
(c) none of the items in your order are customised (see section 9.9). The Consumer Protection (Distance Selling) Regulations 2000 states “Exceptions to the right to cancel 13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts— (c)for the supply of goods made to the consumer’s specifications”
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract in accordance with this Section 9, you must send the products back to us (to Keepsaker Supplies, 99 Alexandra Road, Newport, NP20 2JF, United Kingdom) via recorded delivery. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
9.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.9 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period (for example the cost of precious metals and gemstones);
(b) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised (for example, rings made to size or any item that is engraved, stamped or coloured to specification);
(c) the supply of goods which contain your elements:
(d) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you (for example, items to be filled with cremation ash); or
(e) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality (for example, the quality shown in our client galleries and product galleries, excluding mockups). Please see the page on handmade jewellery and expected quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers, artists, metalsmiths and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract.
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
Variation
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19. Severability
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. (NB to save paper you can highlight the contents of these pages and store them free of charge on Google Drive, rather than printing them out – Nikki)
23.2 These terms and conditions are available in the English language only.
23.3 We are not VAT registered
23.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes, please see the Trading Standards article about it here.
23.5 We don’t sell any base metal settings (no silver or gold plated brass, for example). We sell solid silver, solid gold and gold vermeil (gold plated solid silver). Here is our dealer’s notice and we are a registered at the Birmingham Assay Office under the sponsor mark of Tree of Opals (the parent company).
24. Our details
24.1 This website is owned and operated by Keepsaker Ltd under the trading name of Keepsaker Supplies. All enquiries must be directed to Keepsaker Supplies or you will not receive a response.
24.2 We are registered in England and Wales as a limited company (limited corporation) and our CEO is Mx Nicola Kamminga, systems director is Mr Hakun Kamminga
24.4 You can contact us by email, using info@keepsakersupplies.com
25. Competitions
25.1 Competitions are run at our discretion and can be cancelled at any time
25.2 Competitions are not endorsed or affiliated with any social networking platform they appear on such as YouTube, Facebook, Instagram
25.3 We do not require purchase but winners must pay shipping, high value prizes will require tracked shipping
25.4 Some prizes can be swapped for store credit
25.5 Prizes must be claimed within 24 hours or another winner may be chosen
25.6 Winners are chosen at random using comment selection software or random number generation, one entry per person unless otherwise stated
25.7 Competition closed to Tree of Opals, Keepsaker Supplies and Keepsaker Ltd staff and workers and their families
25.8 See individual competitions for rules and entry routes. Incomplete entries will be disregarded