Terms & Conditions
Thank you for visiting https://www.anadecosta.com (hereinafter referred to as "the site"). Please read the following information carefully before using the site. The use of and access to the site are governed by these legal Terms and Conditions.
Your use of the site is subject to the following Terms and Conditions. The fact of using the site implies that you agree to comply with and be bound by these Terms & Conditions, the confidentiality rules and online selling conditions when you make a purchase.
Ana de Costa from time to time may modify or make changes to these Terms and Conditions at its complete discretion. The fact of using the site after said modifications implies that you agree to comply with and be bound by these modified Terms and Conditions. Please read the Terms and Conditions regularly. If you do not agree to any of the Terms and Conditions or modified Terms and Conditions, then you must stop using the site immediately. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you have any queries relating to our terms and conditions, please contact us before placing an order.
YOUR RESPONSIBILITIES IF YOU BREAK THESE TERMS AND CONDITIONS
You agree that if you break these terms and conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent.
PRODUCT DETAILS
The Products displayed on this website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given.
ORDERING AND ADVANCE PURCHASES
All orders are subject to acceptance stated above. When placing an order, you agree that any and all information given is accurate and complete . All bespoke goods are made to order. Consequently you may from time to time be given the possibility of making an Advance Payment/Order for certain items in which case you are able to make an Advance Purchase/Order. Your rights regarding Advance Purchase/order are the same as those for any other purchase at Ana de Costa.
Availability information for products is listed on each individual product description. If anadecosta.com does not have enough stock to deliver the goods you have ordered they can be made to order this process takes 6-8 weeks. Made to order and bespoke items are final sale and not eligible for refund or return.
All prices listed on anadecosta.com are correct at the time of entering the information; however, we reserve the right to change prices of any product at any time. All prices include UK VAT. At checkout, depending on the delivery address, the final price will either include the VAT or will be exclusive of VAT for international shipments, in which case the recipient is liable for local duties and taxes of the recipient's country.
No contract for the sale of any product will exist between you and anadecosta.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If your order has not been accepted, you will receive an email from us telling you the reasons why.
Discount vouchers, codes and offers cannot be used on sale products.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order completion and the contract between you and Ana de Costa will be perfected when we dispatch the goods to you. The sale contract is therefore concluded in Hythe, Kent, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, or does not satisfy our quality control standards and is withdrawn. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing goods from the site whether or not the goods have been sold; removing, screening or editing any materials or content on the site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment
The price displayed on the website is VAT inclusive for UK customers.
Once the shipping location is confirmed at checkout, the VAT will be deducted at checkout for EU and International customers and import duties and local taxes will be applicable on delivery for international shipments.
We accept most major credit and debit cards. Alternatively, you can pay over the telephone, please email info@anadecosta.com with your contact details and your request.
All Credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
FINANCING
With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmarkand Finland.
The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check.
General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
TRANSFER OF OWNERSHIP & INSURANCE
Ana de Costa insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.
RETURNS
Ana de Costa is unable to offer sale or return arrangements.
Items will only be replaced or credited provided it is clear that there is a manufacturing fault, or that the damage has occurred prior to delivery.
You can return items within 7 days of purchase. Items delivered broken or faulty must be returned to us within 7 days accompanied by full details of the order date and invoice number. Items which have been worn will not be replaced or credited unless it is clear that there is a manufacturing fault. They need to be returned with their original packaging and proof of purchase and we will be happy to exchange or refund. Regrettably bespoke or customized items, engraved, embossed cannot be refunded unless they are defective or faulty. No items can be refunded if the items have been worn.
Claims can only be made within 7 days of delivery.
Items returned to Ana de Costa that do not meet any one of the above requirements will be returned to the Customer and a handling charge may be made.
The issuing of replacements and credit notes is at the discretion of Ana de Costa.
No Refund is given on deposits for bespoke commissions. This policy encompasses the entire process. Once a bespoke commission is undertaken and you have agreed the details and price, you enter into a sales contract with Ana de Costa.
International policy
For all orders shipping outside of the UK the ship-to recipient will be responsible for any taxes or customs duties incurred. Unfortunately, we are unable to mark merchandise as “gift” or “no commercial value”. Please note we are unable to estimate the total amount of taxes or duties that may be due at time of delivery. For questions regarding customs fees we suggest contacting your local government.
EXCHANGE PROCEDURE
We will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 2 months from the date of dispatch. Please contact info@anadecosta.com to discuss your claim.
DISPUTE RESOLUTION
If you have a dispute with anadecosta.com, we’ll always try to sort things out if you contact us.
COPYRIGHT
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, models of items, that appear on the website or in the domain name, are the exclusive property of Ana de Costa. All intellectual property rights associated with items created in association with the' custom made' or 'bespoke' options are and will remain the property of Ana de Costa. Any utilisation, reproduction, even partial of the designs, models, brand names, and names of lines is totally prohibited. You are permitted to use the Content only as expressly authorised by Ana de Costa. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction.
CONTENT
In addition to the intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Ana de Costa tries to ensure that the information on this site is accurate and complete. Ana de Costa does not warrant or represent that the site's Content is accurate, error-free or reliable or that your use of Ana de Costa's Content will not infringe rights of third parties. Your use of the site is at your own risk. Ana de Costa does not warrant that the functional aspects of the site or Ana de Costa's Content will be error free or that the site, Content or the server that make it available for use are free of viruses or other harmful components. If your use of this site, or Ana de Costa's Content results in the need for servicing or replacing property, material, equipment or data, Ana de Costa is not responsible for those costs. Ana de Costa and its suppliers make no warranties about Ana de Costa's Content, software text, downloads, graphics, and links, or about results to be obtained from using the site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Ana de Costa reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Ana de Costa is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
The Ana de Costa site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
LIABILITY
At our request, you agree fully to defend, indemnify and hold harmless Ana de Costa immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this site, or the use by any other persons accessing this site using your internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on anadecosta.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit/debit card. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the goods and return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc., we cannot be held responsible or liable for any differences in colour between the image and the actual product.
The products sold on anadecosta.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from anadecosta.com
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Ana de Costa as a result of the Terms and Conditions or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Ana de Costa, and we shall not be liable for any representation, act, or omission on your part.
THIRD PARTY INFORMATION
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Ana de Costa Jewellery products are those stated on the Ana de Costa Jewellery material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
SURVIVAL
Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT
The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and Ana de Costa regarding your use of the site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Ana de Costa in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this site conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions.
LAW
These Terms and Conditions have been written in English and are governed by English Law. British Courts shall adjudicate any dispute.