TERMS AND CONDITIONS
Legal documents
This website at the URL (celeste.earth) (“the Celeste Earth website”) is owned by Michele Riveroll the Founder of Celeste & Earth, whose registered office is at Whitley Bay, Newcastle Upon Tyne.
Products purchased via the Celeste Earth will be sold to you by Michele Riveroll the Founder of Celeste & Earth, whose registered office is at Whitley Bay, Newcastle Upon Tyne.
It is important that you read these terms and conditions (“Sales Terms”) carefully before ordering any Products from the Celeste Earth. Your purchase of Products via the Celeste Earth will be governed by the Sale Terms. By ordering any Products, you agree to be bound by the Sale Terms.
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made via the Celeste Earth. Celeste & Earth may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply on or after the date that the revised Sales Terms are published. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
Celeste & Earth offers products for sale via the Celeste Earth to consumer customers. Celeste & Earth reserves the right to not fulfil orders placed by non-consumers or by individuals who fail to comply with these terms.
With regard to purchases made by you via the Celeste Earth, Celeste & Earth will usually communicate with you electronically by email, using the email address provided to Celeste & Earth when you place an order or otherwise communicate with Celeste & Earth. You may still contact us using one of the methods referred to in section 17 (Contact Details) below or by using the contact details on the Celeste Earth.
In using the Celeste Earth you agree to comply with Celeste & Earth’s Acceptable Use Policy
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF SECTION 15 (LIABILITY). IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON the Celeste Earth.
2. Your account
If you create an account (personal user identification or username) on the Celeste Earth, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password.
By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account, unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
Celeste & Earth makes no guarantee that the Celeste Earth or your account will be error free or secure from bugs or viruses. You are responsible for your own information technology and security and you should use your own virus protection software. Please tell us immediately if your account or payment details have been lost or stolen. If we become concerned about the security of your account we may block access and usage.
3. Placing an Order
To be able to buy Products you must:
• read and accept these Sales Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide an eligible delivery address in Great Britain or Northern Ireland (see below for further details);
• be legally capable of entering into binding contracts; and
• be the owner or authorised holder of a valid debit/credit card, gift card or Apple Pay account (see section 6 (Payment) for details of the payment methods accepted on the Celeste Earth).
You may place an order by clicking on the “ADD TO BAG” button and proceeding to the checkout page.
At the checkout page you will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).
You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched. Please see section 4 (Order Processing) below which deals with this in more detail.
The Celeste Earth currently ships to all addresses within Great Britain and Northern Ireland excluding hotels, hostels, prisons, P.O. Boxes and BFPO (British Forces Post Office) addresses. We do not currently deliver to Channel Islands.
4. Order Processing and Contract Formation
Once you have submitted your order(s) using the Celeste Earth, Celeste & Earth will send you an email acknowledging receipt of your order(s) (“Order Receipt Confirmation”) and setting out details of the ordered Product(s).
Celeste & Earth may not always be able to accept your order and Celeste & Earth may choose not to accept your order in its sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which Celeste & Earth suspects are not placed in good faith. There may also be unexpected events outside of our control meaning we may be unable to fulfil your order.
If your order is not accepted Celeste & Earth will inform you via email, and if any payment has already been taken you will be reimbursed in full for any sums paid to Celeste & Earth for that order.
After receiving your order(s), Celeste & Earth will check that the relevant Product(s) is/are in stock. A contract for the sale of Products between you and Celeste & Earth, which will be governed by these Sale Terms, will only be formed when Celeste & Earth emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched (“Shipment Confirmation”).
The contract is formed upon Celeste & Earth sending the Shipment Confirmation to you at the email address provided with your order. Please contact Celeste & Earth’s Customer Care Team if you have not received your Shipment Confirmation within 72 hours of placing your order.
A contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. Celeste & Earth will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
In the Order Receipt Confirmation you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Sales Terms for your records.
If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact the Celeste & Earth Customer Care Team as soon as possible using one of the methods set out in section 17 (Contact Details) or as otherwise set out in the Order Receipt Confirmation. It may not be possible to amend or cancel your order, or to prevent dispatch of the Products, due to the speed with which orders are processed. If Celeste & Earth is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to Celeste & Earth, or accepting the delivery and then returning the Products to Celeste & Earth in accordance with section 12 (Returns and Refunds).
Once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you. If you would like to cancel your order after this point, please see section 12 (Returns and Refunds) below.
5. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and in your Shipment Confirmation. All prices are payable in Great British Pound Sterling (GBP).
In the event of a pricing error, whether on the Celeste Earth or in an Order Receipt Confirmation or otherwise, you accept that Celeste & Earth has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, Celeste & Earth will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled and any amounts paid by you to Celeste & Earth for the Products will be reimbursed. If you do not want to proceed with your order your sole remedy in the event of such a pricing error is to cancel your order.
You acknowledge that even after Celeste & Earth has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then Celeste & Earth will be under no obligation to provide the relevant Product(s) to you at the incorrect price.
Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes) will be clearly displayed on the screen prior to the completion of your order and will be confirmed in your Order Receipt Confirmation.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).
6. Payment
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, Maestro, PayPal, Apple Pay or Celeste & Earth Gift Card).
Approved credit and debit card types are listed at the Celeste Earth checkout. In the event Celeste & Earth does not receive the appropriate authorisation from your card or payment service provider, Celeste & Earth reserves the right to reject your order.
Payment for your order, including all applicable taxes, shipping and other charges, will be settled from the applicable card or payment service once Celeste & Earth has sent you the Shipment Confirmation.
7. Delivery
You should allow up to 3 days (excluding Sunday and bank holidays) for standard delivery and up to 1 business days for next day delivery (orders must be placed by 8:30pm) for in stock items (check here for current delivery periods). Delivery shall in any event take place within 30 days after Celeste & Earth has sent you the Shipment Confirmation. Celeste & Earth reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The delivery options described above are the only shipping options available for sales through the Celeste Earth. Celeste & Earth is unable to accept any special delivery requests, which are outside the scope of these two options.
If Celeste & Earth cannot deliver your order within the period specified in your Shipment Confirmation, Celeste & Earth will notify you as soon as possible. You may choose to cancel your order, in which case Celeste & Earth will provide you with a full refund. If you choose not to cancel your order, Celeste & Earth will endeavour to deliver your order within a reasonable period of time.
If you unreasonably defer delivery or delay the receipt of delivery after Celeste & Earth has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided Celeste & Earth with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Celeste & Earth, your order will be cancelled and a full refund will be issued to you.
8. Events Outside the Control of Celeste & Earth
Celeste & Earth shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including, but not limited to:
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• strikes or lock-outs (or other industrial action);
• national or local states of emergency;
• interruption or failure of communication or transportation facilities;
• power or utility outages;
• non-performance by suppliers or subcontractors (other than by companies in the same group of companies as Celeste & Earth );
• earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• the acts, decrees, legislation, regulations or restrictions of any government.
In such circumstances, Celeste & Earth will notify you and take reasonable steps to minimise any delay. The time for Celeste & Earth’s performance of its obligations is deemed to be extended for the period that any of the above continues. If Celeste & Earth is unable to fulfil your order because of any circumstances outside of its control, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.
9. Product Availability
Celeste & Earth uses reasonable efforts to ensure the availability of Products you order from the Celeste Earth. However, Products are made available to purchase on a “first in-first out” basis and are only available while stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Celeste Earth as your final point of reference when checking compatibility. In the event of a difference between the Celeste Earth content and any other website (or any other source of information) the compatibility of Products as shown on the Celeste Earth at the time of purchase will be seen as taking precedence.
Images on the Celeste Earth may vary depending on your device’s display quality. Whilst every effort is made to reproduce images of the Products in the most accurate way possible, these images are for illustrative purposes only and your Products may vary from those images for example, in colour, size, pattern and texture. The packaging of Products may also vary from that shown in images on the Celeste Earth.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact the Celeste & Earth Customer Care Team for assistance without delay, either via email or by phone.
11. Title to Products
Ownership of the Products will pass to you only when Celeste & Earth has received full payment in respect of your order, including all taxes, shipping and other charges. The Products will be at your risk from the time of delivery.
12. Return and Refund
Cancellations under the Consumer Contracts Regulations
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you have a legal right to cancel your purchase during the cancellation period. The cancellation period begins on the date that the contract is formed (when Celeste & Earth sends you the Shipment Confirmation) and continues until the end of 14 days starting on the day after you receive the Product. This cancellation right applies to both sale and non-sale Products but does not apply to Excluded Products as set out below. If the Product has been dispatched to you before you cancelled the purchase, you must return the Product to Celeste & Earth within 14 days starting on the day after you cancel the order. If you wish to cancel your purchase under the Consumer Contracts Regulations, you can take advantage of the Celeste Earth’s free Returns Process. You are not obliged to follow the free Returns Process, but if you do not do so you will be solely responsible for the cost of shipping any Products back to Celeste & Earth.
If you cancel your purchase under the Consumer Contracts Regulations, Celeste & Earth will refund to you the full price you paid for the Product (including all VAT and/or other taxes) together with delivery costs you have paid, although, as permitted by law, the maximum delivery costs refunded will be the cost of the standard delivery service.
Once Celeste & Earth has received and validated your returned Product, Celeste & Earth will send you an email to confirm the validation. Any refund due to you will be made as soon as possible and in any event within the period of 14 days after the day on which Celeste & Earth receives the Product back from you or, if earlier, the day on which you provide Celeste & Earth with evidence that you have sent the Product back to Celeste & Earth. If the Product was not dispatched to you, you will be refunded within the period of 14 days after you inform Celeste & Earth of your decision to cancel the purchase. Celeste & Earth will refund you by the same method you used to make payment.
Returns under the Celeste Earth enhanced cancellation policy
In addition to your rights under the Consumer Contracts Regulations, if for any reason you are not completely satisfied with your purchase from the Celeste Earth, you can return non-sale Products purchased from the Celeste Earth within 30 days of receipt of the Products for a refund, but to do so you must follow the free Returns Process.
Once Celeste & Earth has received and validated any returned Products, Celeste & Earth will send you an email to confirm the validation. Your refund will be processed within 14 (fourteen) days of Celeste & Earth’s email to you confirming the receipt and validation of your returned Product.
Any Product returned under the Celeste Earth enhanced cancellation policy must be in a new, unworn and resalable condition and Celeste & Earth reserves the right to refuse a refund where the Product is returned damaged or showing signs of use or wear.
Please note that these enhanced return rights do not apply to sale Products or to any Excluded Products. This does not affect your rights in law as a consumer including your right to return products under the Consumer Contracts Regulations.
Please see section 14 (Consumer Warranty (Guarantee)) below for more information about your legal rights in relation to Products that are faulty or not as described.
If you need to return any Product because you believe it is faulty or not as described, but the deadline for returning the Product under the Consumer Contracts Regulations and the Celeste Earth enhanced cancellation policy (if applicable) have expired, please contact the Customer Care Team for further assistance, either by either by using our contact us form, by telephone to the Freephone number 0808 2345 431) check opening hours here or by ordinary mail to Celeste & Earth at address required.
Celeste & Earth will refund in full the price of Products (including sale Products) that are faulty or not as described, together with all applicable delivery charges (including any premium paid for non-standard delivery), and any reasonable costs you incur in returning the item.
Exceptions
If you do not return a Product (or, if a Product sent using the free Returns Process fails to arrive and you are unable to provide proof of postage), Celeste & Earth reserves the right to refuse a refund.
Promotions
If you participate in a Celeste & Earth promotion additional terms apply. For more information please read our Promotion FAQs.
14. Consumer Warranty (Guarantee)
NEED TO FILL THIS SECTIon
15. Liability
Celeste & Earth warrants to you that any Product purchased from the Celeste Earth is of satisfactory quality and fit for all the purposes for which products of the same kind are commonly supplied.
Celeste & Earth is only liable for foreseeable loss and damage. Celeste & Earth is not responsible for any loss or damage that is not foreseeable. HOWEVER NOTHING IN THESE SALES TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Celeste & Earth AND Celeste & Earth A/S SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS PLUS DELIVERY FROM the Celeste Earth.
In particular, nothing in these Sales Terms excludes or limits in any way the liability of Celeste & Earth:
• for death or personal injury caused by Celeste & Earth’s negligence;
• for fraud or fraudulent misrepresentation;
• under section 2(3) of the UK’s Consumer Protection Act 1987 or for any breach of your consumer rights relating to products; or
• for any matter for which it would be illegal for Celeste & Earth to limit or exclude, or attempt to limit or exclude, liability.
16. Severability
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable (deleted) from these Sales Terms and this will not affect the validity and enforceability of any remaining provisions.
17. Contact Details
Celeste & Earth’s Customer Care Team will assist you with any Celeste & Earth website order related questions or complaints. You can contact the Celeste & Earth Customer Care Team in the following ways:
• via the contact us form on the Celeste Earth;
• by FREEPHONE* 0808 2345 431 check opening hours here or
• in writing to Celeste & Earth Jewellery UK Limited at Ecommerce Department, 33 George Street, London, W1U 3BH.
Celeste & Earth will endeavour to resolve any complaint you may have. If Celeste & Earth is unable to resolve a dispute, either party is entitled to seek further recourse through the ODR Platform Operated by the European Commission, the ODR Platform is an online platform providing businesses and customers in the European Union with a forum for resolving online sales disputes without the need to go to court. The dispute resolution services available on the Platform are provided free of charge, although neither party is under any obligation to participate.
18. Transferring rights and obligations to another person or organisation
These Sales Terms are binding on you and Celeste & Earth. It will also be binding on any person or organisation to which Celeste & Earth might transfer its rights and obligations to.
You may not transfer or otherwise dispose of your contract with Celeste & Earth, or any of your rights or obligations arising under it, without Celeste & Earth’s prior written consent.
Celeste & Earth may transfer or otherwise dispose of a contract with you, or transfer any of Celeste & Earth’s rights or obligations arising under it, at any time. If you have an outstanding order with Celeste & Earth at the time of any such disposal or transfer, you will be contacted if Celeste & Earth and you may cancel your outstanding order if you do not want to proceed.
19. Third Party Rights
Other than Celeste & Earth A/S, any person who is not a party to the contract between you and Celeste & Earth is not entitled to enforce any of its terms.
20. Intellectual Property Rights
The content on the Celeste Earth including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name Celeste & Earth is the sole property of Celeste & Earth or its licensors.
21. Data Protection
Celeste & Earth believes strongly in protecting user privacy and personal data. Any personal data collected and processed by Celeste & Earth is governed by Celeste & Earth’s privacy policy . Please read Celeste & Earth’s privacy policy for further information on how Celeste & Earth processes personal data collected from users of the Celeste Earth.
22. Waiver
If Celeste & Earth fails, at any time, to insist that you comply with your obligations under these Sales Terms, or if Celeste & Earth does not exercise any of its rights under these Sales Terms, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. Celeste & Earth can still require you to comply at a later date.
23. Entire Agreement
These Sales Terms and any document that we have referred to within them (including via hyperlink) represent the entire agreement between Celeste & Earth and you and takes precedence over any other previous agreement or representation made to you whether oral or in writing.
You acknowledge that, in entering into a contract with Celeste & Earth, you have not relied on any representation or promise given by Celeste & Earth or anyone else except as set out in these Sales Terms.
24. Governing Law and Jurisdiction
These Sales Terms and your purchase of Products from Celeste & Earth through the Celeste Earth shall be governed by and construed in accordance with the laws of England.
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Celeste & Earth (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, Scotland or Wales you may also bring proceedings in your local courts.
Last updated Aug 2020
