Terms & Conditions.

At The Magic of Fireflies and Dragonflies, we believe that every little detail matters. We’re driven by the creation of beautiful silver pieces of jewellery and to teaching our craft to others. We’re so happy to have you here and we hope you find everything you’re looking for, and more.

About us

We are The Magic of Fireflies and Dragonflies (“we”, “us” or “our”) and our workshop is located at 5 Green Lane, Martlesham, Woodbridge, Suffolk IP12 4SZ. If you need us, you can contact us by phone to 07714 060239 or by email to susanstudd@btinternet.com. We’ll contact you using the contact details you provide to us.

These terms and conditions were last updated in October 2022 and they cover in detail purchases of our ready to wear jewellery from our website (“ready made jewellery”), our jewellery commission service (“bespoke jewellery”), our jewellery making workshops (“workshops”) and use of our website, themagicoffirefliesanddragonflies.co.uk (“website”).

We ask that you read these terms and conditions carefully. By making purchases from us or by visiting our website, you’re deemed to have accepted these terms and conditions and our privacy and cookies policy, available on our website. If you have any questions at all, please don’t hesitate to ask.

Ready made jewellery

This section of these terms and conditions applies to you if you buy any of our ready made jewellery from our website.

Jewellery, pricing and availability

The images we provide of the jewellery on our website are for illustrative purposes only. We make every effort to display the colours and packaging accurately but we can’t guarantee that a device's display of the colours will reflect the actual jewellery. Your jewellery may therefore vary slightly from those images you’ve seen online.

We also can’t guarantee that our jewellery will always be available and it is possible that our website may not reflect that a particular piece of jewellery is out of stock.

We use our reasonable efforts to ensure the prices on our website are right. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.

We check the prices before we accept your order. In the unlikely event that we’ve shown incorrect pricing information, we’ll email you to you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we’ll give you the option to purchase the jewellery at the correct price or to cancel your order (or the affected part of it). We won’t proceed with processing your order in this case until you respond. If we don’t receive a response from you within 14 days, we’ll treat your order as cancelled and will notify you of this by email.

If the price of the jewellery you’ve ordered changes between your order being placed and us processing your order and taking payment, you’ll be charged the price shown on the website at the time of placing your order.

The legal contract

No part of our website forms a contractual offer capable of acceptance. Your order of our jewellery forms a contractual offer that we can choose to accept or reject. If we acknowledge receipt of your order, that doesn’t necessarily mean we’ve accepted it. Our acceptance of your order is shown when we send you the order confirmation by email. Only once we’ve sent you an order confirmation will there be a legally binding contract between us and you.

You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as we’re not liable if you make a mistake and give the wrong address. If you do, you should let us know immediately so we can update the delivery address (if we’re able to).

Payments

You must pay for the jewellery in advance via our website and you’ll be prompted to pay during the order process. The store on our website is run by Squarespace. You should read their terms and conditions and privacy policy before making a payment on our website. We accept all major credit or debit cards.

Dispatch and delivery

The jewellery purchased on our website will normally be dispatched within 5 to 10 working days after we’ve sent you the order confirmation (unless we advise otherwise). Due to the high value of the jewellery, we highly recommend you select Royal Mail Special Delivery as your postal method within the UK, and International Tracked and Signed for international deliveries.

It’s important that you understand and accept any dispatch or delivery dates we provide are estimations only and the time of delivery is not of the essence. We will however use our reasonable efforts to keep you updated of any delays in delivery.

For any deliveries to be made outside the UK, your jewellery might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority.

Please also refer to the ‘force majeure’ section of the ‘general legal terms’ below, as this sets out what happens if an event outside our control affects dispatch or delivery.

Ownership and risk

You will own the jewellery once we have accepted your order and you have paid the cost of the jewellery and the delivery charges. The risk of the jewellery will pass to you once it is in your physical possession, the possession of someone else that you nominate (such as a neighbour), or it has been left in a safe place (such as a porch).

Refunds policy

If you change your mind after purchasing from our website, then under consumer legislation you have up to 14 days after receiving your jewellery to request a refund, and a further 14 days to return the jewellery to us. You’ll be responsible for the cost of the return and ensuring that the jewellery is in the exact same condition, with undamaged original packaging, as when it was delivered to you. If you would like to let us know that you’ve changed your mind and would like a refund, please contact us as soon as possible.

If you’re eligible for a full refund, this will be made using the same details you used to pay for the jewellery within 14 days of receiving the returned jewellery.

For hygiene reasons, we’re unable to accept returns of earrings or body piercing jewellery, so these are exempt from the usual 14 day cooling off period mentioned earlier in this section.

Damaged, faulty, or incorrect goods

We promise that the jewellery we deliver to you will be: (i) free from material defects in design, material, and workmanship; (ii) of satisfactory quality; and (iii) fit for purpose. If the jewellery you’ve purchased doesn’t comply with this, please contact us as soon as possible. We will then discuss with you your options for a refund, repair, or replacement. You should provide us with photos of the condition of the jewellery.

The jewellery to be returned to us must be in the original packaging and in the same condition it was when it arrived. We’ll then examine the jewellery and, if you are eligible, reimburse you the cost of jewellery and the return costs using the same payment details you provided when you made the payment within 14 days of receiving the returned jewellery and declaring that you’re eligible.

If our reasonable assessment is that the damage to your jewellery is the result of abnormal wear and tear, deliberate or reckless damage, negligence, or abnormal or unsuitable working conditions, or you have made unauthorised alterations or repairs to the jewellery, then you may not be eligible for a refund of the cost of the jewellery. We will advise you of this by email.

What next?

Unless you’ve also purchased bespoke jewellery, you should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms, as these sections will also apply to you.

Bespoke jewellery

We provide a service where we’ll design and make a piece of jewellery for you, whether from scratch or an amendment to our existing jewellery shown on our website. This section of these terms applies to that service.

The design processes

We’ll first have a consultation call (or an exchange in writing) with you to discuss the bespoke jewellery you would like us to design and manufacture. Based on your specifications, we’ll then send you the design for your approval. It’s so important that you’re happy with the design, so there may be some back and forth between us while the design is being finalised.

Where we ask you to provide measurements for your bespoke jewellery, you must take these accurately as we’re not liable to you where the jewellery doesn’t fit due to you taking measurements incorrectly. You’re also not entitled to reject the jewellery and ask for a refund if this happens.

Somewhere at the very beginning of the process, usually after our first call, we’ll require a non-refundable deposit. Upon payment of the deposit, we shall send you the design and once you have approved the design, we’ll confirm the quote for the design and manufacture of the bespoke jewellery and the delivery costs. You will need to pay the full cost in advance before we will start to produce your jewellery and our bank account details will be stated on our quote.

Jewellery and pricing

The designs and images we provide to you as part of the design process are for illustrative purposes only. We make every effort to display the colours accurately but we can’t guarantee that a device's display of the colours will reflect the actual jewellery. Your jewellery may therefore vary slightly from those images in the design.

We use our reasonable efforts to ensure the prices given to you in our quote are right. We reserve the right to change prices, but this won’t affect any order you’ve already placed.

The legal contract

The legal contract between us and you starts when you pay your deposit and continues once you have accepted the design and have paid the balance of the money and delivery costs. We’ll send you an order confirmation which shows we have accepted your order and we’ll proceed to make your bespoke jewellery for you.

Dispatch and delivery

Once we’ve made your jewellery, we’ll let you know that it is on its way to you. Our jewellery will normally be dispatched within 5 to 10 working days after we’ve sent you the order confirmation. Due to the high value of the jewellery, we’ll send to you by Royal Mail Special Delivery or by International Tracked and Signed for international deliveries.

Once we’ve accepted your order and you’ve made the payment, we’ll make your bespoke jewellery and we’ll indicate the estimated dispatch timescales.

For any deliveries to be made outside the UK, your jewellery might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority.

Please also refer to the ‘force majeure’ section of the ‘general legal terms’ below, as this sets out what happens if an event outside our control affects dispatch or delivery.

Ownership and risk

You will own the jewellery once we have accepted your order and you have made payment of the cost of the jewellery and the delivery charges. The risk of the jewellery will pass to you once it is in your physical possession, the possession of someone else that you nominate (such as a neighbour), or it has been left in a safe place (such as a porch).

Refunds policy

As the bespoke jewellery has been made according to your specifications, this means that expressly waive your right to the 14 day cooling off period under consumer legislation and you’re not entitled to a refund or replacement if you change your mind after paying for your bespoke jewellery. This means that all sales are final.

Damaged, faulty, or incorrect goods

We promise that the jewellery we deliver to you will be: (i) free from material defects in design, material, and workmanship; (ii) of satisfactory quality; and (iii) fit for purpose. If the bespoke jewellery you’ve purchased doesn’t comply with this, please contact us as soon as possible. We will then discuss with you your options for a refund, repair, or replacement. You should provide us with photos of the condition of the jewellery.

The jewellery to be returned to us must be in the original packaging and in the same condition it was when it arrived. We’ll then examine the jewellery and, if you are eligible, reimburse you the cost of the jewellery and the return costs using the same payment details you provided when you made the payment within 14 days of receiving the returned jewellery and declaring that you’re eligible.

If our reasonable assessment is that the damage to your jewellery is the result of abnormal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions, or you have made unauthorised alterations or repairs to the jewellery, then you may not be eligible for a refund of the cost of the bespoke jewellery. We will advise you of this by email.

What next?

Unless you’ve also booked onto our jewellery making workshop, you should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms, as these sections will also apply to you.

Jewellery making workshop

Jewellery making workshops are the perfect way to make your own bespoke piece of sterling silver jewellery to keep forever. You can find full details about the workshops we’re running on our website.

Booking the workshop

You can book places on our workshops on our website. You’ll need to pay for your place at the time of making your booking and if you have any questions about this, please don’t hesitate to ask.

Once we’ve accepted your booking, you will receive a confirmation email. This email will confirm all details necessary for attendance of the workshop, such as times, availability of refreshments and what you can expect during the workshop. If you haven’t received the email within 24 hours, or if you have any other questions, please contact us.

Refunds and rescheduling

It is important you note that once you have booked your place on the workshop, we operate a no refund policy and so you are not entitled to cancel your place and claim a refund. We hope you understand this, as the reason is that we’re only able to offer a certain number of spaces and we buy in the silver clay needed to run the workshop in readiness. Alternatively, you may reschedule your attendance of the workshop on one occasion to another time and date, but if you are unable to then attend the rescheduled date, your place will be cancelled and you will not be entitled to a refund.

Rescheduling due to Covid-19

If you’re unable to attend because you’re self-isolating because you or someone you live with has Covid-19, please let us know as soon as possible. We’ll then arrange to reschedule your workshop for another time and date.

Cancellation by us

If we have to reschedule the workshop for operational reasons or due to a force majeure event (see the ‘general legal terms’ section of these terms and conditions), we’ll contact you to arrange another time and date that’s convenient for you.

Disclaimers and our legal responsibility to you

We will not assume any liability for any direct or indirect losses or damages that may result from your booking or attendance of a workshop, including, but not limited to, economic loss. Nothing in these terms and conditions shall exclude any liability under the law that cannot be excluded, including death or personal injury caused by negligence. Our liability to you is limited to the total fees paid by you to us for the workshop.

What next?

You should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms and conditions, as these sections will also apply to you.

Website terms of use

This section of these terms and conditions (“website terms of use”) applies to any person that visits our website or makes a purchase of on our website. By using our website, you confirm that you accept these website terms of use and that you agree to comply with them. If you don’t agree to these website terms of use, you shouldn’t use our website.

Changes to these website terms of use or our website

We may amend these website terms of use from time to time. We may also update and change our website from time to time to reflect changes to our products, services, our users' needs, and our business priorities.

Suspending or withdrawing our website

Our website is made available free of charge. We don’t guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these website terms of use and other applicable terms and conditions, and that they comply with them.

Transferring these website terms of use

We may transfer our rights and obligations under these website terms of use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer won’t affect your rights under these website terms of use.

Privacy of accounts

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing

No text or data mining, or web scraping

You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website. This includes using (or permitting, authorising, or attempting the use of):

● Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information, or services accessed via the same; or

● Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Third party links

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links shouldn’t be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those website or resources.

Computer misuse

We don’t guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Disclaimers and our legal responsibility to you

The content on our website is provided for general information only. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete, or up to date.

We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with your use of our website. Our total liability to you for all other losses arising out of or in connection with your use of our website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.

Nothing in these website terms of use seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors) any other matter in respect of which liability cannot be excluded or restricted by law.

General legal terms

Intellectual property rights

When you engage with us, whether it’s visiting our website, making a purchase, or attending our workshop, you’ll certainly be introduced to intellectual property, which we either own or we’re the licensee of. This includes such things as:

● the designs of our jewellery, whether the ready made jewellery available on our website or the bespoke jewellery we design for you

● any and all text on our website, social media posts and marketing material

● the layout of our website, social media posts and marketing material

● the photos on our website, social media posts and marketing material

(together we refer to these as “IP“).

The IP is protected by copyright. You’re allowed to stream or download one copy of the IP onto your personal device. By using our website and our services, you agree that you will:

● not rent, lease, sub-license, loan or otherwise make our IP available to any person without our prior consent

● not copy our IP, except as part of the normal use of the IP

● not translate, merge, adapt, vary, alter or modify our IP, nor allow our IP to be incorporated into other programmes

● not disassemble, decompile, reverse engineer or create derivative works from our IP, such as by copying our designs and reproducing for your own personal or business purposes

● comply with all applicable law when using our IP.

If you breach these terms, you may lose your right to use our IP, and you must destroy or return any copies you’ve made.

Liability

Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. Our total liability to you for all other losses arising out of or in connection with your use of our website or our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss.

Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Nothing in these terms and conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.

Force majeure

We won’t be liable for any failure or delay in performing our obligations under these terms and conditions where our failure or delay is due to a cause beyond our reasonable control (“force majeure event”). Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

If a force majeure event is likely to adversely affect our performance of any of our obligations under these terms and conditions:

● we will inform you as soon as is reasonably possible;

● we will take reasonable steps to minimise the delay;

● to the extent that we can’t minimise the delay, our affected obligations under these terms and conditions will be suspended and any time limits that we’re bound by will be extended accordingly;

● we’ll inform you when the force majeure event is over and provide details of any new dates, times or availability of the jewellery as necessary; and

● if the force majeure event continues for more than 60 days, we’ll cancel your order and the legal contract with you and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the jewellery.

Data protection

We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679), the Data Protection Act 2018. and the California Consumer Privacy Act of 2018. We will only use your personal information as set out in our privacy policy, available here.

We’re registered with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk), and our registration number is ZB416626.

The legal bit

Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email to susanstudd@btinternet.com and we will use the email you gave us. If your contact details change, please let us know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.

Entire agreement. These terms and conditions (and any email confirmation referred to herein) represent the entire understanding and agreement between you and us with regards to the subject matter and formation of these terms and conditions, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms and conditions or any other agreement related to these terms and conditions and expressly references herein is of any force and effect.

No delay. Delay in exercising a right under these terms and conditions won’t take away that right or any other right.

Third parties. No one other than you and we have any right to enforce any terms of these terms and conditions and the Contracts (Rights of Third Parties) Act 1999 don’t apply to these terms and conditions.

Severability. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these terms and conditions.

Governing law and jurisdiction. These terms and conditions, and any non-contractual obligations arising under them, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any matter and proceedings arising out of these terms and conditions.