Sales terms and conditions

These terms cover consumer purchases of jewellery and agreed jewellery services from Oscar & Olivia Jewellery, including orders placed at our showroom, at a home consultation, or remotely. Your order confirmation records the details of your purchase. Nothing in these terms removes your statutory consumer rights. Wedding fairs are used to arrange appointments only; booking a consultation at a fair does not create a jewellery purchase contract.

1 About us and how to contact us

Your contract is with Gareth Graham, a sole trader trading as Oscar & Olivia Jewellery (we/us). Business and complaints address: Suite 18, Europa House, Barcroft Street, Bury, BL9 5BT. Showroom visits are by appointment. Email: gareth@oscarandolivia.co.uk. Telephone: 07538 201383. Website: oscarandolivia.co.uk. VAT registration number: 279 5602 64. Please arrange any return or inspection with us before sending jewellery.

2 Your order and the contract

We will give you the relevant product or service details, total price, payment arrangements, delivery or collection arrangements and these terms before you commit to an order. Please tell us about any wedding or proposal deadline and any particular purpose or requirement before ordering.

A quotation is an invitation to place an order unless it expressly says otherwise. We accept your order when we send our written order confirmation. If we cannot accept it, we will explain and refund any payment for the unaccepted order. This does not override a contract already formed through an authorised agreement with us.

The order confirmation should record the item, metal and fineness, ring size, profile, width, finish, stones and any agreed grading or certificate, engraving, personalised details, price, deposit, balance and delivery date. Please check it promptly. We will put agreed changes in writing; we will not substitute a materially different item without your agreement.

3 Prices and payment

Prices are in pounds sterling and include VAT where chargeable. We will disclose delivery and other agreed charges before you order. Accepted payment methods are bank transfer, PayPal and the cards we specify at checkout or on the order form; American Express is not currently accepted.

Your deposit and balance dates will be recorded on the order. Any instalment or standing-order arrangement must have a separate written schedule showing the total price, payments and when the item will be supplied. We will not add an undisclosed charge or change an agreed price simply because our costs increase. We currently issue an initial invoice and a final invoice; a separate receipt is not routinely issued for each instalment. Please retain your payment records and invoice reference.

If a payment is missed, we will contact you to agree a reasonable way forward before suspending unperformed work or supply. We will account fairly for money already paid. A payment dispute does not remove your rights regarding faulty goods or services.

4 Bespoke design and approval

A bespoke order may involve a drawing, computer-aided design (CAD), a wax model, a scan of an existing ring or engraving. The order will identify the agreed specifications and any approval stages. Please check spelling, dates, dimensions and other personalised details before approving them.

A CAD image, wax model or sample helps explain a design but may not show the exact appearance of polished metal or a finished gemstone. We will explain material limitations or agreed tolerances before approval. General differences between a screen and a finished item do not allow us to supply goods that fail to match their description or agreed specification.

After you approve a design or specification, a change you request may affect the price or delivery date. We will explain the effect and obtain your agreement before carrying out chargeable changes. Design approval does not waive rights relating to satisfactory quality, durability, fitness for an agreed purpose, incorrect manufacture or our advice and services.

If you report a concern relating to the design, materials, workmanship or durability of your jewellery, please give us a reasonable opportunity to inspect and assess it. Where repair or replacement is the appropriate remedy under consumer law, we must be given a reasonable opportunity to resolve the issue. This may involve repairing, remaking or replacing the item or an affected component. We will explain the proposed solution and obtain your agreement before making any material change to the agreed appearance or specification. Any statutory remedy will be provided without charge, within a reasonable time and without significant inconvenience. This does not affect your statutory rights to reject goods or receive a refund where those rights apply.

Scanning and design timescales

Where we take your existing ring for scanning, we send it to our supplier's London office by Royal Mail Special Delivery Guaranteed. Insurance arrangements cover the ring while held by the supplier. We normally return your original ring within 14 days of receiving it, subject to unforeseen circumstances.

CAD images are normally supplied within 14 days after you receive your original ring back, depending on design complexity and unforeseen circumstances. An optional 3D printed wax model may take up to a further three weeks; an optional silver replica may take another three weeks. We will confirm the stages you request and any charges before proceeding. The no-charge replacement process for a lost ring is set out in section 9.

The ring is usually manufactured within four to six weeks of your confirmation to proceed with the approved design. These are estimated timescales. We will explain delays and agree any revised arrangements, taking account of an agreed wedding or other essential deadline. Estimates do not override your statutory rights.

5 Ring sizing and suitability

We will record the agreed size and any measurements or sizing advice we provide. Tell us about known metal sensitivities or unusual wear requirements before ordering so we can discuss suitable options. We remain responsible for the accuracy of our descriptions and any suitability advice on which the contract relies.

Fingers can change size. If a correctly supplied ring later needs resizing because your size or preference has changed, we will assess whether this is possible and quote any charge before proceeding. If we supplied the wrong agreed size, or the problem results from our service falling below the required standard, we will provide the remedy required by law at no charge.

Some designs, materials and stone settings restrict resizing. We will explain relevant restrictions before you commit. Resizing, alterations and other aftercare may be chargeable. There is no automatic entitlement to complimentary resizing or other aftercare. Any complimentary service or goodwill gesture is offered at our discretion and confirmed individually. This does not affect services expressly included in your order or remedies we must provide under your statutory rights.

6 Delivery and collection

We will agree a delivery or collection date or timescale with you. Unless another time has been agreed, goods must be delivered without undue delay and within 30 days of the contract. Tell us before ordering if delivery by a particular date is essential. We will contact you if a delay occurs and explain your options and any legal right to end the contract. Where your order records delivery three months before your wedding, that is the agreed delivery arrangement. We will confirm the date for your particular order, including any order placed closer to the wedding.

You keep your legal rights where we miss an essential deadline or fail to deliver within an appropriate additional period where one is required. We will not use a general estimate or an event outside our control to remove those rights.

We dispatch jewellery by Royal Mail Special Delivery Guaranteed, using our insurance arrangements. The service is subject to Royal Mail's applicable acceptance times and delivery exceptions. For delivery arranged by us, the item remains at our risk until you, or a person you identify to receive it, takes physical possession. Please report a missing or damaged parcel promptly so we can investigate. This request does not impose a short deadline that removes your legal rights. Ownership of a new item passes once the full price is paid; this does not change the delivery-risk rule.

7 Changing your mind or cancelling an order

Orders placed at our business premises

For a non-faulty item bought at our business premises, there is no general statutory right to a refund simply because you change your mind. Any additional exchange or returns promise will be recorded on your order and honoured. The separate rights for faults and goods not as described still apply.

Qualifying remote and off premises orders

For a qualifying distance or off-premises purchase of goods, you may cancel without giving a reason from when the contract is made until 14 days after you receive the goods, unless a legal exception applies. You may tell us using the model form in section 13 or any other clear statement sent to our contact details in section 1. You do not have to use our form, obtain a returns number or give a cancellation reason to exercise this right.

After notifying us, return the goods within a further 14 days unless we have agreed to collect them. We will tell you the return arrangements. You bear the direct cost of a change-of-mind return only where we told you this before the contract. We bear necessary return costs for a statutory faulty-goods remedy.

For an eligible change-of-mind cancellation, we will refund payments, including the cost of our least expensive standard delivery option. Extra cost for a premium delivery choice need not be refunded. We will refund without undue delay and within the legal deadline, normally within 14 days of receiving the goods back or, if earlier, evidence that you sent them back. Refunds use the original payment method unless you expressly agree otherwise, with no refund fee.

You may inspect the goods as you reasonably could in a shop. Where the law permits, we may deduct the reduction in value caused by handling beyond what was necessary to establish their nature, characteristics and functioning. We will explain any deduction; there is no automatic restocking fee.

Made to your specifications or clearly personalised goods

The statutory change-of-mind cancellation right does not apply to goods genuinely made to your specifications or clearly personalised. We will identify relevant bespoke or personalised features before you order. An item is not automatically exempt merely because we order it from a supplier or describe it as made to order.

This exception never removes rights where goods are faulty, do not match their description or fail to meet another applicable statutory requirement. In those cases section 8 applies, including any right to a refund.

Requests to cancel outside a statutory right

If you wish to stop an order or standing-order payment arrangement, please contact us promptly. Subject to your statutory rights, before we place the manufacturing order with the supplier we will refund the payments you have made, less any separately agreed chargeable work already completed, such as a repair. We will explain any deduction and avoid charging twice for the same work.

Once the supplier order has been placed and cannot be stopped, cancellation outside a statutory right may not be possible. If we agree cancellation, any amount retained must be fair, proportionate and justified by the direct loss resulting from cancellation. We will account for work performed and non-recoverable supplier costs, deduct costs saved and any refunds or credits recovered, and take reasonable steps to reduce the loss, including resale where appropriate. A supplier order does not automatically make every payment non-refundable. We will explain the calculation and refund any balance due. We may offer a further discretionary goodwill refund, confirmed individually. These arrangements do not limit statutory cancellation, rejection or refund rights.

Discretionary assistance with resale

Where a bespoke or personalised ring is correctly supplied and non-faulty, a change in personal circumstances does not by itself entitle you to return it for a refund. At our discretion, we may agree to help resell the ring if a suitable opportunity arises. We do not guarantee that we will accept it for resale, find a buyer or complete a sale within any particular period.

If we agree a resale arrangement, we will confirm the reimbursement amount with you in writing before accepting the ring for resale. It will not necessarily equal the original retail price you paid. Payment becomes due only after a successful resale and receipt of payment, under the agreed written arrangements. No reimbursement becomes due merely because you request assistance or return the ring. Please obtain our agreement before sending it. This arrangement does not affect your statutory rights.

8 Faults and your legal remedies

Jewellery must be of satisfactory quality, fit for an agreed purpose and as described. Quality includes appearance, finish and durability, judged against the description, price and circumstances. Your rights cover design, materials, manufacture and our services. They apply equally to bespoke, personalised and standard items and are owed by us as seller.

Please report loose or missing stones, damaged settings or other concerns. Stop wearing the item if continued use risks further damage or stone loss, and retain loose parts if possible. We will explain any inspection and findings. Photographs help, but other reasonable proof of purchase can replace an original receipt.

Please allow a reasonable opportunity to inspect and assess the problem and cooperate in making goods available for an agreed assessment or remedy. If another relevant item needs inspection, we will explain why and agree arrangements. We bear necessary collection or postage costs for a statutory remedy. You need not accept repair where you already have a right to reject.

The first 30 days

Where the statutory short-term right to reject applies, you can reject non-conforming goods and obtain a refund within the legal 30-day period. You do not have to accept a repair instead. If you request or agree a repair or replacement during that period, the legal waiting-period rules protect the remaining rejection period.

Repair or replacement and later remedies

Where the statutory repair or replacement scheme applies, we must have a reasonable opportunity to put the problem right through the appropriate remedy. You may require repair or replacement unless it is impossible or disproportionate compared with the alternative. We will provide the remedy at no cost to you for necessary labour, materials or postage, within a reasonable time and without significant inconvenience, taking account of the item and its purpose, including an agreed wedding deadline.

Once you request or agree a repair or replacement, you must allow a reasonable time for that remedy before requiring the other remedy or exercising the short-term right to reject, unless doing so would cause significant inconvenience. A change of preference alone does not create an automatic refund right following that agreement. This does not affect a separate statutory cooling-off right or any right to reject that the law gives you.

Where the legal conditions are met, you may choose an appropriate price reduction or exercise the final right to reject. This includes where the goods do not conform after one completed repair or replacement, where neither remedy can be required, or where the remedy is not provided within a reasonable time and without significant inconvenience. The one-repair-or-replacement rule is not restricted to the same fault recurring. We will not insist on further attempts where you have a final right to reject.

Any refund deduction for use will only be made where the law permits. For jewellery, no deduction for use is made when the final right to reject is exercised within the first six months. Rights do not automatically expire at six months or at the end of a guarantee.

Assessment of a reported problem

A stone coming loose is assessed on the evidence; it is not automatically classed as accidental damage or automatically accepted as a manufacturing fault. For the statutory repair or replacement rules, a lack of conformity arising within six months is generally presumed to have existed on delivery unless the contrary is established or the presumption is incompatible with the goods or fault. After that, evidence of the original fault may be required.

Wear, accidental impact, loss, misuse or unrelated third-party damage may fall outside a manufacturing guarantee or statutory fault claim. We will explain the evidence and any proposed paid work before proceeding. A third-party alteration does not remove rights for an unrelated original fault.

9 Repairs alterations and guarantees

Before a paid repair, re-coating or alteration, we will record the work requested, agreed price or quotation process and timescale. Where relevant, we will note the item and stones received, visible condition and risks identified through inspection. We will obtain your agreement before additional chargeable work or a material change to the agreed work.

Please arrange a return with us before posting jewellery. Our postal return address is Oscar and Olivia, P.O. Box 141, Radcliffe, M26 6BA. Enclose the invoice reference number and reference name so we can identify your item. If those details are unavailable, contact us so we can agree another way to identify it; this does not remove statutory rights. Please pack the item securely. We recommend Royal Mail Special Delivery Guaranteed with cover appropriate to the full value of the jewellery, and that you retain proof of posting. For a statutory remedy, we bear necessary collection or postage costs and will agree suitable arrangements with you.

Items in our care and missing parcels

We take responsibility for jewellery while it is in our care and for any loss or damage for which we are legally responsible, including when using a supplier or arranging carriage. Insurance arrangements do not replace your rights against us. The allocation of risk for a return to us depends on the circumstances and applicable law; responsibility is not determined solely by a delivery signature.

If an item goes missing in transit arranged by us, we will promptly investigate with the carrier and keep you informed. We will allow a reasonable period for tracing and recovery, taking account of the circumstances and any agreed deadline. Where we are responsible for the loss, we will arrange the appropriate replacement or compensation without unreasonable delay. We do not impose a fixed 30-day waiting period, or make your statutory rights dependent on the outcome or payment of our carrier or insurance claim.

Where your existing ring is lost in carriage arranged by us, we offer a like-for-like replacement at no charge. We will send visual CAD designs before manufacture. If requested to help confirm the replacement design, we will also provide a 3D printed wax model and/or a silver replica at no charge before making the finished replacement.

If you do not wish to accept a replacement, email Gareth at gareth@oscarandolivia.co.uk. Our proposed alternative is monetary compensation equal to the original price paid for the lost ring, supported by proof of that payment. This is compensation for the lost item, rather than a refund of a purchase necessarily made from us. It does not cap or reduce any greater amount or different remedy to which you are entitled by law.

Supporting evidence should establish the original price and the ring's specifications, including metal and purity; diamond or gemstone type, natural or laboratory-grown origin, weight and relevant quality grades; ring size, dimensions, setting, engraving and other bespoke details. Evidence may include invoices, grading certificates, valuations, photographs and information from the original jeweller. If original documents are unavailable, contact us to discuss other reasonable evidence; an original receipt is not an absolute condition of a statutory remedy.

We will provide services with reasonable care and skill and within the agreed time or a reasonable time where none was fixed. If a service does not meet the applicable legal standard, remedies may include repeat performance at our cost, within a reasonable time and without significant inconvenience, or an appropriate price reduction where the law provides. Any specific repair risk explained to you does not exclude liability for our failure to use reasonable care and skill.

Any manufacturer guarantee or additional benefit, including an advertised lifetime manufacturing guarantee or a re-coating offer, is additional to your statutory rights. The relevant order or guarantee document must identify the guarantor, duration, coverage, exclusions and claim arrangements. A guarantee ending, or a condition of a voluntary benefit not being met, does not by itself remove your rights against us under consumer law. For an applicable lifetime manufacturing guarantee, a reported problem must first be assessed, with appropriate material or other testing where needed. Where assessment confirms a manufacturing fault covered by that guarantee, we will arrange replacement at no charge. Customer-caused damage is outside manufacturing-fault cover; an unrelated damage issue does not automatically remove rights for an original fault. We will explain the assessment and findings. This guarantee process does not replace or restrict your statutory rights against us.

10 Complaints

Contact Gareth using the details in section 1 with your order reference if available, a description of the problem, any useful photographs and the outcome you are seeking. You may complain without using a particular form or providing all these details first. We aim to respond to messages and complaints within 48 hours. This is a response aim, not a promise that an investigation or repair will be completed within that period. We will explain any inspection needed, keep you informed and give our response with reasons.

Gareth Graham is the final internal contact for complaints; there is no further internal escalation. We do not currently belong to an Alternative Dispute Resolution (ADR) scheme. We will provide any dispute-resolution information required by applicable law. Nothing prevents you seeking independent advice or using the courts.

11 Responsibility and your information

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or failure to use reasonable care and skill. Nothing excludes or limits liability where doing so would be unlawful, including for fraud, death or personal injury caused by negligence, or your statutory consumer rights.

We use your personal information to administer your order, provide aftercare and handle enquiries as explained in our privacy notice at https://oscarandolivia.co.uk/privacy-policy/. Any marketing consent is separate. A request not to receive marketing does not affect your purchase rights.

12 General terms

The version provided when you order applies to that order. We will not retrospectively change agreed terms without your agreement. These terms are governed by the law of England and Wales, without removing mandatory protections available where you live. You may bring a claim in any court that has jurisdiction, including a court available to you under consumer law. An unenforceable term does not remove the remaining lawful terms.

13 Model cancellation form

Use this form only if you wish to cancel a contract for which a statutory cancellation right applies. You may instead send any clear cancellation statement. No cancellation reason is required.

To: Gareth Graham, trading as Oscar & Olivia Jewellery
Address: Suite 18, Europa House, Barcroft Street, Bury, BL9 5BT
Email: gareth@oscarandolivia.co.uk

I/We hereby give notice that I/we cancel my/our contract of sale of the following goods / for the supply of the following service:

____________________________________________________________________
____________________________________________________________________

Ordered on / received on: ______________________________________________

Order reference, if available: ____________________________________________

Name of consumer(s): __________________________________________________

Address of consumer(s): ________________________________________________
____________________________________________________________________

Signature of consumer(s), only if this form is notified on paper:
____________________________________________________________________

Date: _______________________________________________________________

Separate request for a service to start early

For a qualifying distance or off-premises service contract, a 14-day cancellation period normally starts when the contract is made. A bespoke-goods exception must not automatically be applied to a separate repair or design service. If you want such a service to begin during its cancellation period, we will obtain the separate request and acknowledgement below before starting.

[ ] I expressly request that the agreed service begins before the end of the 14-day cancellation period. I understand that, if I cancel after work has begun, I may have to pay a proportionate amount for work supplied up to cancellation, where the required information and request have been given.

[ ] I acknowledge that, once the service has been fully performed following my express request, I will lose the statutory right to cancel that service.

Service and agreed scope: ______________________________________________
Customer name and date: ______________________________________________

For an off-premises service contract, the request will be recorded on paper, by email or another durable medium. These statements do not waive rights concerning faulty goods or poor service.