Terms and Conditions
1. Glossary of terms:
1.1 The Customer ( “You" ) - Person or persons entering into a contract with We Are Arrow Ltd to produce an item jewellery.
1.2 The Company ( “We”, “Us”, “Our” ) - We are Arrow Ltd of 118 Columbia Road, E2 7RG.
1.3 The Item or Goods - A piece or pieces of fine jewellery as designed, produced and provided only to The Customer by We Are Arrow Ltd.
1.4 Bespoke Process - The steps required for the creation of a unique hand made piece of jewellery by We Are Arrow Ltd as outlined here ( https://wearearrow.com/pages/the-bespoke-process ).
1.5 Scope of Services - We Are Arrow will provide the following services as part of the bespoke process and are included within our initial estimations unless stated otherwise.
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- Initial consultation ( 30 minutes not chargeable );
- Stone sourcing ( if applicable ), importation of gemstones ( subject to importation fees ) for viewing ( 30 minutes per Item ) and approval by the Customer;
- Creation of a wax model ( 60 minutes per item ), a wax viewing consultation ( 30 minutes per Item ) and one revision of the wax model ( 30 minutes per item );
- A final and informed invoice to supersede any estimates provided;
- Email correspondence including production status updates;
- Casting, hallmarking, stone(s) and stone setting ( where applicable );
- Finishing & polishing;
- All prices are inclusive of VAT.
1.6 Import Fee - Fees incurred for the importation, insurance and return of gemstones sourced on behalf of The Customer for approval in person. Import fees are outside the Scope of Services and will be added to invoices as necessary.
1.7 Lead Time - An estimation of the time, provided by Us, required to produce the Item.
1.8 Specification - A schedule of physical attributes which describe, but are not limited to, the following: stone(s) ( including, size, colour, origin where applicable ), precious metal type, karat, and size and/or dimensions of the Item.
1.9 Design - Work by The Company to design the Item as included within the Scope of Services in accordance with lines 1 through 3 outlined above.
1.10 Wax Model - An exact duplicate of the Item made prior to casting in precious metal that is completely unique and hand carved in wax. The wax model will be both used to demonstrate the design of the Item and as the model used within the lost wax casting process. The wax model remains the property of The Company until it is lost within the casting process.
1.11 Material Production - Material production shall be the commencement of casting in a precious metal of the Item and follows the completion of the wax model. It is the process of transforming the wax model into a completed item of jewellery beginning with casting with precious metal, hallmarking, setting & finishing.
1.12 Payment Plan - A payment plan is available to You on written request. Initiation of the Payment Plan occurs only when We receive confirmation of a direct debit mandate in accordance with the agreed payment schedule. The payment plan is a “lay-away” type plan and is not a form of credit. The specific terms of the payment plan are outside the scope of this agreement and are to be issued separately.
2. Contract:
2.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and You.
2.2. Before placing an Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.3 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
2.4 A legally binding Contract between, The Customer and The Company, to produce:
1. A Design for, and;
2. The manufacture of The Item;
Shall be entered into ONLY upon payment of the Deposit ( Your Order ) AND upon written confirmation by The Company to The Customer confirming receipt of the Order thereafter. The company reserves the right to refuse Your Order at Our sole discretion.
2.5 The Company is relieved of its obligations to The Customer with regard to the contract to:
1. Produce a Design for the Item;
Upon completion, presentation ( either in person or digitally ) and first revision of the Wax model.
Additional modelling, revision or time required in the creation of the Design during The Bespoke Process that are beyond those included within Our Scope of Services which form ANY Initial estimation provided will be subject to additional charges as set out in Clause 3.
2.6 Upon creation of the Wax Model should The Company issue a revised estimation with any additional information known at the time that yields an Estimated cost greater than the Initial Estimation, The Company reserves the right to request The Customer make payment of an additional sum to raise the Deposit to be no less than 30% of the most recent estimation. We reserve the right to halt work, and to withhold all design work, estimations, photos and stone selections until any additional Deposit requested sum is received.
2.7 We shall ensure that the following information is given or made available to You prior to the formation of The Contract between Us and You, save for where such information is already apparent from the context of the transaction:
i. The main characteristics of the Goods or Specification;
ii. Our identity and contact details ( set out above in Clause 2 );
iii. The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
iv. Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
v. Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
vi. Our complaints handling policy;
vii. We shall ensure that You are aware of Our legal duty to supply goods that are in conformity with the Contract;
viii. Where applicable, details of after-sales services and commercial guarantees;
3. Description and Specification:
3.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs, models and descriptions provided in Our sales and marketing literature, website, photos, videos, drawings and any other descriptions provided by Us to You. We cannot, however, guarantee that all illustrations and/or photographs or videos will be precisely accurate due to discrepancies that may arise during the printing process AND/OR differences in the colour reproduction of electronic displays.
3.2 Bespoke Goods are available from Us and are subject to the terms of this agreement. If you Order Bespoke Goods from Us, We will produce those Goods to The Specifications and requirements in accordance with The Specifications provided on our Final Invoice.
3.3 When placing an Order for Bespoke Goods, You must ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided to Us by You. Please note that this does not affect Your legal rights (including but not limited to those described in these terms and conditions).
3.4 Changes to the Specification following Your Order may incur additional costs should changes require time or work beyond the normal Scope of Services. The Company will, in writing, to its best ability inform The Customer with an estimate of the additional costs and or time implications any changes to the Specification are likely to incur.
3.5 Additional consultations, modelling, or time required in the creation of the Design during The Bespoke Process that are beyond those included within Our Scope of Services which form ANY Initial estimation provided will be subject to additional charges as set out below:
i. Additional consultation(s): £128.25 per hour excluding VAT billed by the minute.
ii. Additional revisions to the wax model(s): £199.50 per hour excluding VAT billed by the minute.
3.6 We reserve the right not to provide evidence of additional time beyond a documented figure for any additional time required for revisions to Wax Models outside The Scope of Services.
4. Estimations:
4.1 Estimates are provided at the will of the Company at the beginning of the Bespoke process as a guide and are to be provided only on the understanding that they are not a final nor an exhaustive costing, rather an educated projection based on the Specification, Scope of Services, and estimated material quantities required to create the Item that are known at the time of issue. The Company will endeavour to provide as accurate an indication of cost as is possible; however, We can offer no guarantee that it will be reflective of the Final invoice.
4.2 The estimated prices are valid for 14 days only and may be subject, at the discretion of The Company, to re-pricing on expiry due to volatility in prices for precious metals and/or other services.
4.3 All estimations are inclusive of VAT.
5. Payment Terms:
5.1 Deposit:
5.1.1 The Deposit is non-refundable and will be retained by the Company in the event of any cancellation or termination of this agreement.
5.1.2 The Deposit amount is to be at least 30% of the estimated cost of Your Order.
5.1.3 Where We do not have enough information and/or We determine We cannot reasonably provide an estimated cost The Deposit shall be equal to the retail value, as determined by Us and inclusive of VAT, of the sum of any and all gemstones selected by You for the creation of The Item.
5.1.4 Items to be cast using gold provided to The Company by The customer are subject to a Deposit amount of no less than 50% of the estimated cost.
5.1.5 Payment of the Deposit does not give nor infer The Customer any ownership nor rights over or to any complete or incomplete items of jewellery, designs ( including but not limited to sketches, photographs, videos, wax models etc ) or gemstones and each of the preceding items will remain the property of The Company except where the contracted amount is paid in full and the Customer has been notified in writing that the item of jewellery has been completed.
5.1.6 The start date of The Contract with reference to any lead times is deemed to have commenced upon receipt of the Deposit by The Company.
5.2 Final invoice:
5.2.1 The final invoice is valid for 7 days and is subject to re-pricing on expiry due to volatility in prices for precious metals and/or other services.
5.2.2 The Final invoice is inclusive of VAT.
5.2.3 The payment of the Final Invoice is non-refundable and will be retained by the Company in the event of any cancellation or termination of this agreement.
5.2.4 The Final invoice balance is to be settled in full prior to the commencement of the Material Production of the Item with exception made only when The Customer has initiated a Payment Plan with The Company.
5.2.5 In the absence of approval in writing any payment against ( either partial or full ) the balance of the Final Invoice shall be deemed confirmation The Customer gives full and unconditional approval of the Design, Specification ( such as, but not limited to precious metal type, the gemstone(s) and the size, weight, form or shape of the item ), and any other relevant design elements and is an instruction to The Company to produce the Item in accordance with those listed above. The Company will not seek any further or additional approval in writing with exception made for unforeseen, new or additional changes and their associated charges or changes to the Specification that may arise during the production process.
6. Material Production:
6.1 Changes to the Design or Specification cannot be made by The Customer once the Item is in Material Production, and/or following payment in full or the agreement and completion of a payment plan direct debit mandate.
6.2 Should the casting of the Item into a precious metal fail, an additional wax model will need to be produced by The Company and at the expense of The Company. The replacement model will not normally be subject to the approval by The Customer; however, The Customer will be notified in writing upon the creation of a new wax model and may request ( if a response is received that working day ) to approve the replacement Wax Model prior to re-casting with The Customer bearing all responsibility with regard to any missed deadlines, any additional expenses incurred by The Company in expediting any elements of Material Production should The Customer wish to make up any time lost. The Wax Model as a unique hand carved item; every endeavour will be made by The Company to re-create a Wax Model as a close a replica of the original Wax Model as possible but We can offer no guarantee ( withstanding Our responsibility to meet the agreed Specification ) that it will be identical. Should a request or requests to revise, edit or change the Wax Model be made by The Customer this will be subject to our additional fees as set out in clause 3.6.
7. Deadline:
7.1 If You are planning for The Item to be ready for a specific date/occasion please let Us know the last available date you can collect or have the ring shipped to You. Timely responses to invoices and communications will help Us meet your deadline.
7.2 Changes to deadlines must be communicated to Us by You as soon as is practicable. Any shortening of deadlines communicated to Us by You may be rejected by Us; however, if it is deemed possible to meet the new date the Customer agrees to bear the full costs of any additional costs incurred in the expedition of Material Production of The Item.
7.3 The Company is not responsible nor liable to offer any form of compensation for any failure to meet to the Lead Time or any other deadline as set out by The Customer or Us.
8. Faulty, Damaged or incorrect goods.
8.1 By law ( Consumer Rights Act 2015 ), We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
8.2 If any Goods You have, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to replacement. Please note that if the Goods are incorrect as a result of Your provision of incorrect information, rather than them not matching Our specification when purchased these do not comply and, We will not arrange for a refund or repair, and you will not be able to return those Goods.
Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced.
After the first 6 months you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain it will be extended to 7 Calendar Days.
If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), You may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
If You exercise this final right to reject the Goods more than six months after You receive them (and ownership of them), We may reduce any refund to reflect the use you have had out of the Goods.
Within a period of six years after you receive the Goods (and ownership of them), if the Goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please be remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
8.3. Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
8.4 The Company shall not be liable for failure of the Goods to comply with the warranty set out in clause 8 in any of the following events:
i. The Customer makes any further use of such Goods after giving notice in accordance with clause 8.2;
ii. The defect arises because the Customer failed to follow the oral or written instructions of the Supplier as to the storage, cleaning instructions, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
iii. The defect arises as a result of The Company following any drawing, design or Specification ( that We have advised against ) supplied by the Customer;
iv. The defect arises as a result of The Company producing The Item using any precious metals, gemstones or any other materials belonging to or supplied by You. In such instances we accept no liability for any loss or damage which may occur during Material Production of any precious metals or gemstones provided to Us by You for their incorporation into the item. This includes the melting of Your precious metals wether or not any new precious metals or alloys are added during the casting process.
v. The Customer alters, including, without limitation, the addition or change of gemstones or plating to the Goods, or repairs such Goods;
vi. The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
8.5 To return Goods to Us for any reason under this Clause 8, you may do so in person during Our business hours or you may return them to Us by post or another suitable delivery choice. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
8.6 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
8.7 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.8 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9. Returning Goods
9.1 This Clause does not apply to bespoke produced or Goods altered to order for You and cannot be returned if You change your mind.
10. Our Liability:
10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).
10.2 Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for foreseeable negligence (including that of Our employees, agents or sub-contractors).
10.3 We only supply Goods for domestic and private use.
10.4 We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).
10.5 By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.6 Nothing in these Terms and Conditions seeks to exclude or limit Our liability any loss or damage that is not for death or personal injury caused by Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.7 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.