We are Your Once Ltd, a marketplace that enables customers to buy fine jewellery via the Your Once Ltd Website from a curated network of jewellers.
Background to these Terms and Conditions
Please read these terms carefully. Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order.
- Legally binding: These Terms and Conditions constitute a legally binding agreement between:
- in the context of Your use of this Website, You and Your Once; and
- in the context of the Contract for Your purchase of Products, You and the relevant Merchant who is the seller of those Products.
- any Contract to sell and buy Products is made between you and the relevant Merchant who is the seller of those Products, and Your Once Ltd is not a party to any such Contract;
- as described more fully below (see Sections 4.2 and 4.3) we conclude this Contract on the relevant Merchant’s behalf acting as their agent.
- Acceptance. By accessing this Website or purchasing any Products, You agree to be bound by these Terms and Conditions (including as such are incorporated in the Contract, where applicable). If You do not accept these Terms and Conditions, You are not permitted to use the Website nor purchase any Products, and You should cease using the Website immediately.
- Consumers only. The Products and other services offered via the customer-facing portions of this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms and Conditions You promise to Us that You are a consumer and not acting in the course of a business.
- Termination. Your Once Ltd may change or discontinue the availability of the Website and at any time without prior notice.
When We use certain capitalised words in these Terms and Conditions, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. You will be able to spot definitions by looking out for terms that look like this: (“Defined Term”).
- “Account” means Your account for Your Once Ltd, which is created when You register with Your Once Ltd by completing the registration process on the Website.
- “Contract” means the contract for the sale and purchase of the Products between You and the relevant Merchant (as identified on the relevant Order confirmation email We send to You), which incorporates these Terms and Conditions.
- “Listings” means a summary on the Website of Products containing, without limitation, an image of the Product, a description of the Product and a statement of the then-current price of the Product.
- “Merchant” means jeweller for whom Your Once Ltd:
- markets, promotes and publishes Products through the Website; and
- accepts and processes Orders from end-users of the Website for those Products as an agent, as described in these Terms and Conditions.
- “Order” means Your order for the purchase of Product(s) from a Merchant that You place via the Website. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition.
- “Products” means the Merchant’s goods, which it offers for sale via the Website from time to time.
- “Terms and Conditions” means the terms and conditions set out on this page, together with the Your Once Ltd policies explicitly referenced herein (e.g., Your Once Ltd’s Returns Policy).
- “Website” means www.oncefinejewllery.com (including its subdomains), and any other associated interfaces, applications or website owned or operated by or for Your Once Ltd from time to time.
- “You” and “Your” means an end-user of the Website.
Information about Your Once Ltd and Our contact details
- Who We are. We are “Your Once Ltd”, company incorporated and registered in England with company number 12282968 whose registered office is at Thavies Inn House, 2nd Floor, London, EC1N 2PL. In these Terms and Conditions, “We”, “Our” and “Us” are all references to Your Once Ltd – however, in the context of the Contract, You should read these terms as references to the relevant Merchant from whom you Ordered the Products (for more detail see Section 4 and specifically Section 4.5)
- How to contact us. You can contact Your Once Ltd by writing to: firstname.lastname@example.org
- How We may contact You. If We have to contact You, We may do so by email to the address You provided when You went through the checkout process on the Website or that is registered on Your Account from time to time.
How does Your Once Ltd work?
- Ordering via the Website. We operate the Website as an electronic marketing platform, on which Listings may be posted by Merchants for their Products. These Products are made available by those Merchants to You, and Your Once Ltd allows You to:
- make Orders to pay for Products through the Website; and
- have the Product(s) delivered to the address You specify.
- Your Contract is with the Merchant. The Contract is between You and the relevant Merchant, not Your Once Ltd. You are buying the Products from the Merchant, not Your Once Ltd. However, We are authorised to act as the agent of Our Merchants (who act as principal) to conclude and enter into the Contract with You.
- Your Once’s role. We are not a party to the Contract. We are simply an intermediary marketing platform, which facilitates Your making Orders with Merchants, Your payment for that Order, and (where relevant) returns of Your Order.
- When is the Contract formed? The Contract is formed when we send you an Order confirmation email to that effect.
- You authorise Us to charge Your payment card account. By submitting an Order and providing Us Your payment card details at checkout, You authorise Your Once Ltd (acting by its payment processor) to charge the relevant account to take payment for Your Order on behalf of the relevant Merchant. Neither Your Once Ltd nor the relevant Merchant will be responsible for any losses you may suffer if the payment method You use to pay for an Order does not have sufficient funds to cover all costs of that Order.
- When do We take payment for an Order? When You place an Order, We ‘pre-authorise’ payment of the amount of Your Order value. We will only process the transaction and take payment on behalf of the Merchant for that Order when the relevant Merchant confirms to Us that it has the relevant Products in stock and the Contract is formed. If the Products You Ordered are not in stock and the Contract is not formed, We will not process the transaction, the pre-authorisation will be cancelled and We will not take any payment for that Order.
- Prices in local currency. All prices for Products shown in Listings are denominated in the currency that Your Once Ltd determines to be Your local currency (calculated by reference to a base price in GBP (£) ). All prices include applicable sales taxes at the rate that is in force from time to time.
- Prices in Listing include delivery charges. The prices shown on Listings for Products include delivery charges. The prices shown on Listings for Products do not include import taxes and any other similar customs duties, which charges will be displayed if possible to You during the checkout process.
- Delivery estimates not binding. Where You choose to have them delivered, the Products You Order will be delivered by Merchants using a third party courier service. Please note that any estimated delivery dates displayed on the Website, or in any Order confirmation email or webpage, are simply estimates – they do not represent a guarantee that the Products will arrive by that delivery estimate. If You do not receive a delivery in time, You may cancel Your Order in accordance with the cancellation policy detailed below, as well as the practices described in Our Returns Policy.
- Orders delivered outside the UK. If You Order Products for delivery to a location outside the UK those Products may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You (and not Your Once Ltd, nor the relevant Merchant) will be solely responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing an Order for delivery to a location outside the UK.
- Account creation. Although You can go through the order process as a guest, You may choose to register for an Account. In which case You will have to provide certain information about Yourself as prompted during the account registration process on the Website.
- Accurate and up-to-date information. If You do create an Account, all the registration information You submit should be truthful and accurate. If for any reason any information You submit is or becomes untruthful, inaccurate and/or incomplete, You should update that information to maintain its accuracy.
- What to do if You want to delete Your Account. You can delete Your Account at any time, for any reason, by following the Account deletion instructions on the Website.
- You are responsible for Your Account. You are responsible for maintaining the confidentiality of Your Account log-in information (including, for example, Your password). Accordingly, You are responsible for all activities that occur under Your Account.
- Unauthorised use of Your Account. You should notify Us immediately if You suspect or become aware of any unauthorised use of Your Account or any other breach of its security.
Returns and Your key legal rights
Our Returns Policy. Our Returns Policy details how and when You can return any Products You have Ordered and is incorporated into these Terms and Conditions by reference. We have set out Our Returns Policy on returns in this separate page to ensure that all necessary information is presented on a standalone page, in a clear and accessible form – however, the contents of this page do not affect any rights You may have at law (the key ones of which are outlined in the rest of this Section 8). Please note that Our Returns Policy also deals with discretionary re-sizing and adjustment services, which we perform on behalf of Merchants.
Important: Your Contract with Merchant governs and conditions your rights in respect of any discretionary adjustment or re-sizing services covered by Our Returns Policy – these are simply services that we agree with Merchants that we will provide to You on their behalf.
- Cancelling because You’ve changed Your mind. As You are purchasing the Products online, ordinarily You will have a legal right to change Your mind within fourteen (14) days from delivery of the Products and receive a refund (including costs of delivery, but excluding the costs of return) – however, please note that these cancellation rights do not apply to:
- any Product that is made to Your specifications or is clearly personalised (e.g., bespoke pieces, which are made to order); or
- any Products that have become inseparably mixed with other items after delivery.
- Returning faulty Products. The Products sold to You must be as described, fit for purpose and of satisfactory quality. This means that (having regard to the expected lifespan of the Product You Ordered) You are entitled to the following:
- Up to thirty days: if the Products You received are faulty, then You can get an a full refund (this refund will include costs of delivery and return).
- Up to six months: if the Products You received can’t be repaired or replaced, then You’re entitled to a refund in most cases.
- How to exercise these rights. To exercise the rights described in this Section 8, You should follow the procedures outlined in Our Returns Policy. We will discharge the relevant Merchant’s obligations to You in this regard acting as their agent.
- Refund method. In the first instance, We will try to refund any sums You are due under this Section 8 to the same payment method used to for the relevant Order.
- No commercial use. Orders which are used for commercial purposes and subsequently returned (e.g. for use as props for photography / films) are actively monitored. Your Once Ltd reserves the right to refuse to serve any person suspected of undertaking this activity for future orders.
Our right to vary these Terms and Conditions
- Changes to these Terms and Conditions. From to time to time, We may make changes to these Terms and Conditions. If We do so, We will:
- post those changes in an updated version of these Terms and Conditions on the Website; and
- where We consider the changes will materially or adversely affect You or Your rights, We will notify You of such changes.
- Which Terms and Conditions apply? The Terms and Conditions (as incorporated into the Contract) that will apply to Your purchase of any Products will be those that are in force at the time You place Your Order, unless We have notified You of a change to the Terms and Conditions that apply and will materially affect Your Order before We send You the delivery confirmation and You have confirmed that You wish to proceed with Your Order.
- No harmful material. By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
- Keep Your details confidential. You agree and undertake to keep Your username and password for Your Account confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.
- No interference. You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
- Other restrictions. You also agree not to:
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which You do not possess access rights;
- impersonate any other person while using the Website;
- conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
- resell or export the software associated with the Website;
- use the Website to generate unsolicited advertisements or spam; or
- use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
In providing You with access to the Website, publishing Listings and permitting You to make Orders for Products via the Website, Your Once Ltd reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Your Once Ltd and agree that Your Once Ltd shall have the following rights:
- the right to refuse or withdraw Your access to the Website in accordance with applicable laws (with or without notice) if We judge that You to have violated or breached any of these Terms and Conditions;
- the right to remove or amend any Listing without giving You notice or any reason;
- the right to (acting on the relevant Merchant’s behalf) cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Your Once Ltd shall refund such part of the Order as has been cancelled by it;
- the right to amend or update the Website, prices of any Products, and available payment methods from time to time; and
- the right to report You to the police or other judicial body if Your Once Ltd believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Products or otherwise) is or may be unlawful.
- Licence. Subject to these Terms and Conditions (in particular, the restrictions outlined in the following section), Your Once Ltd grants You a licence to use and access the Website on the basis that this licence is:
- not a commercial licence – You can only access and use the Website for Your own personal, non-commercial uses (i.e., not for Your business);
- non-transferable – You can’t pass this right to someone else;
- non-exclusive – other people can access and use the Website;
- revocable – We have the right to remove Your ability to use the Website; and
- limited – the licence does not extend beyond what has just been described above.
- Ownership. Your Once Ltd and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
- Termination of licence. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by Us under Section 13.1. Your Once Ltd reserves the right to terminate the limited license without notice at any time following an unauthorised use by You of the Website.
- All rights reserved. All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Your Once Ltd’s property or the property of certain other third parties (including, in certain cases, Merchants). You are not permitted to use these Marks without Your Once Ltd’s prior written consent or the consent of such third party as may own the relevant Marks.
- We are responsible to You only for foreseeable loss and damage caused by us. If We fail to comply with these Terms and Conditions, We are only responsible for loss or damage You suffer that is a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms and Conditions are entered into, both We and You knew it might happen.
- What We do not exclude. Nothing in these Terms and Conditions shall limit or exclude Our liability for:
- death or personal injury resulting from Our negligence;
- fraud or fraudulent misrepresentation;
- Your key legal rights described in Sections 8.1 and 8.3;
- defective products under the Consumer Protection Act 1987; or
- any other liability that cannot be excluded or limited by English law.
- We are not liable for business losses. This Website and the Products are only for domestic and private use. If You use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not liable for events outside Our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond Our reasonable control. Our performance of Our obligations under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Terms and Conditions may be performed despite the Force Majeure Event.
- We are not liable for Product unavailability. In case of unavailability of Products before or after Order, We will not be liable for any loss You suffer nor liable to You for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
- Website provided “as is”. Your Once Ltd provides the Website “as is”. To the fullest extent that We are permitted to do so, We disclaims any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable law.
- Disputes. These Terms and Conditions are governed by English law and We both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if You are a citizen of a country in the EU, You may bring a claim to enforce Your consumer protection rights in connection with these Terms and Conditions in England or in the EU country in which You live.
- Feedback and Complaints. Complaints about a specific Merchant, or Product must be directed to the relevant Merchant through the contact details provided on the Order confirmation email that you receive for resolution directly with that Merchant. In the event of a dispute between You and a Merchant from whom you bought Products, If You also contact us (see Section 3.2 for details) and provide us with clear details of the dispute (including Order reference numbers if applicable and the Merchant’s response to your messages), we will use reasonable efforts to facilitate a resolution between You and the Merchant. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Website and with the Merchant, the European 'Online Dispute Resolution Platform' can be accessed by following the link: http://ec.europa.eu/odr.
- Nobody else has any rights under these Terms and Conditions. Although the Contract is between You and the relevant Merchant (as described in Section 4.2), all other aspects of the agreement formed under these Terms and Conditions are between You and Your Once Ltd and no other person shall have any rights to enforce any of its Terms and Conditions.
- Headings and Interpretation. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
- Even if We delay enforcing Our rights under these Terms and Conditions, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of Your breaking these Terms and Conditions, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
- If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
- Your Once Ltd may transfer its rights under these Terms and Conditions to someone else. Your Once Ltd may transfer its rights and obligations under these Terms and Conditions to another organisation – for example, this could include another member of Your Once Ltd’s group of companies or someone who buys its business. Your Once Ltd will take reasonable steps to ensure that any such transfer does not affect Your rights under these Terms and Conditions.
- Personal agreement. The agreement formed under Terms and Conditions, and each Contract, is personal to You and You cannot transfer any of Your rights under them to any other person without Our prior express written consent.
- Email counts as “in writing”. When We use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, You: (a) consent to receiving communications from Us by email; and (b) agree that all communications that We provide to You by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
Without prejudice to Section 4.2, in the context of the Contract, for the terms that govern your relationship with Your Once Ltd, please refer to the agreement you entered into with Your Once Ltd and not these Terms and Conditions.
Your Once Ltd