Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Summer Jane. The collective work includes works that are licensed to Summer Jane. Copyright, Summer Jane ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Summer Jane or purchasing Summer Jane products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Summer Jane or to purchase Summer Jane products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Summer Jane. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Summer Jane used in the site are trademarks or registered trademarks of Summer Jane.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Summer Jane disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Summer Jane does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Summer Jane does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Summer Jane shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Summer Jane has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Summer Jane product is mistakenly listed at an incorrect price, Summer Jane reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Summer Jane reserves the right to refuse or cancel any such orders whether or not the order has been confirmed.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Summer Jane without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Summer Jane may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Summer Jane
Miscellaneous
Your use of this site shall be governed in all respects by the laws of Scotland, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Summer Jane products) shall be in the courts located in Scotland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Summer Jane products) must be commenced within one (1) year after the claim or cause of action arises. Summer Jane failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Summer Jane may assign its rights and duties under this Agreement to any party at any time without notice to you.
Currencies
All payments made on the Summer Jane website are made in British Pounds Sterling (GBP).
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Summer Jane or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Participation Disclaimer
Summer Jane does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Summer Jane is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Summer Jane reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Summer Jane in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Summer Jane, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Summer Jane may link to sites operated by third parties. However, even if the third party is affiliated with Summer Jane, Summer Jane has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Summer Jane. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Summer Jane seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Introducing Clearpay
Summer Jane have now partnered with Clearpay to offer you a flexible way to pay.
Clearpay allows you to pay for your purchase over 4 instalments due every 2 weeks, in accordance with the relevant Payment Schedule.
The delivery/quality of goods and all refunds is the responsibility of Summer Jane Jewellery.
Clearpay is a fixed sum loan agreement which means Clearpay lend you a fixed sum of money to allow you to buy goods or services offered by online retailers like Summer Jane Jewellery.
Payments
By placing an order with Summer Jane and using Clearpay, you provide us with your consent and direction for Clearpay, to pay us, the retailer, on your behalf in exchange for your agreement to pay back Clearpay, in accordance with your agreement the agreed amounts on the dates outlined in your Payment Schedule, plus any Late Fees, if you miss a repayment to Clearpay, on or before the scheduled date.
We ensure to complete all transactions made in agreement with the Clearpay company by sending your chosen goods promptly and efficiently.
It is your responsibility to ensure that payments are made on time in accordance to your agreement with Clearpay. In the event of late or missed payment, you will need to communicate directly to Clearpay. Once goods are shipped by us and accepted by you, all matters regarding payments will be attended to, in accordance to your agreement by Clearpay.
Refunds
If you decide to return goods to us, which have been purchased using Clearpay and request a refund, then, once accepted by us, we will directly arrange the return with yourself, ensuring that the goods are returned according to Summer Jane’s returns policy or other instructions or your rights at law.
It is your responsibility to notify us if you intend to return any goods. The return must be completed within the period specified and in the manner required by our returns policy or as otherwise permitted as explained in our terms and conditions.
We will notify Clearpay on your behalf that a refund is in process.
Once we have issued a refund to Clearpay for the goods, they will then issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.