TERMS AND CONDITIONS

Refund Policy

Fenton & Co.’s voluntary Return Policy

We offer returns or exchanges, for items that are unused and unworn, within 60 days of your receipt of the relevant ring. To complete your return, we require a receipt or proof of purchase. Rings that have been resized, even by us, are not eligible for return.

If your item is faulty, please contact us via email and provide us with proof of the damage, such as for instance, a photo of the default in the ring. Defaults do not include any natural elements of our gemstones such as colour depth and saturation, colour tone or inclusions. Please see our Jewellery Specific Product Disclaimers for more details. Loss of any pave or accent stones is considered normal wear and tear as opposed to a manufacturing defect and may or may not be eligible for repair as part of our maintenance services.

Any rings that are altered, either by us or a third party jeweller are not eligible for return. Rings that are altered by third party jewellers are also not covered by our lifetime warrantee against manufacturing flaws. Bespoke rings are not eligible for return unless otherwise agreed.

Please note that the contents of this Return Policy do not affect any rights you may have at law (the key ones of which are outlined in the below section called “Summary of your key legal rights”).

For more information, please contact us at concierge@fentonand.co

Summary of your key legal rights

As you are purchasing the Fenton & Co.’s products online you 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 the supply of goods made to your specifications or clearly personalized.

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:

(a) up to thirty days: if the products you received are faulty, then you can get a full refund (this refund will include costs of delivery and return).

(b) 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).

In the first instance, we will try to refund any sums you are due under this Refund Policy to the same payment method used for the relevant order. 

Privacy Policy

Welcome to Fenton & Co’s Privacy Policy.

What does this Privacy Policy Cover?

Fenton respects your privacy and is committed to protecting your Personal Data. We want to be transparent with you about how we collect and use your Personal Data in making available our website(s), including the website located at: https://fentonand.co/ (“Site”) and tell you about your privacy rights and how the law protects you.

With that in mind, this Privacy Policy is designed to describe:

Who we are and how to contact us.

Your rights relating to your Personal Data.

Marketing communications preferences.

What Personal Data we collect.

How we use your Personal Data and why.

What happens when you do not provide necessary Personal Data?

[Personal Data from Third Party Sources.]

How we use cookies and other tracking or profiling technologies.

Who we share your Personal Data with.

How we keep your Personal Data secure.

How long we store your Personal Data.

Our policy on children.

Third party links.

This Privacy Policy aims to give you information on how Fenton collects and processes your Personal Data through your use of this Site, including any data you may provide through this Site.

The Privacy Policy is intended to meet our duties of Transparency under the “General Data Protection Regulation” or “GDPR”.

We will post any modifications or changes to this Privacy Policy on this page.

Who we are and how to contact us.

Who we are.

L Lambert Holdings Ltd is the Controller (for the purposes of the GDPR) of your Personal Data (referred to as either “Fenton”, “we”, “us” or “our” in this Privacy Policy).

Our address is: 1 Bickenhall Mansions, Bickenhall Street, London, W1U 6BP.

How to contact us.

You can contact us by emailing: concierge@fentonand.co.

Your rights relating to your Personal Data.

By law you have the right to:

Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).

Object to processing of your Personal Data. This right exists where we are relying on a Legitimate Interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your Personal Data.  We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent. This right only exists where we are relying on consent to process your Personal Data (“Consent Withdrawal”). If you withdraw your consent, we may not be able to provide you with access to the certain specific functionalities of our Site. We will advise you if this is the case at the time you withdraw your consent.

How to exercise your rights

If you want to exercise any of the rights described above, please contact us using the contact details shown online.

Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at: concierge@fentonand.co.

We will reply to your complaint as soon as we can.

If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

Marketing communications preferences.

You can ask us to stop sending you marketing messages at any time by logging into the Site and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to service correspondence or emails such as purchase updates, return updates or order amendments.

What Personal Data we collect.

All the Personal Data we collect, both from you and from third parties about you, is outlined in the table below.

Category of Personal Data collected What this means

[Identity Data] [First name, surname, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.]

[Contact Data] [Your home address, work address, billing address, email address and telephone numbers.]

[Financial Data] [Your bank account and payment card details.]

[Transaction Data] [Any details about payments to and from you and other details of subscriptions and services you have purchased from us. Data in respect of your transactions with third parties (including your credit history).]

[Marketing and Communications Data] [Your preferences in receiving marketing from us and our third parties and your communication preferences.]

[Behavioural Data] [Inferred or assumed information relating to your behaviour and interests, based on your online activity. This is most often collated and grouped into “segments” (e.g., there may be a segment for men, living in London and aged under 25, who like sports).]

[Technical Data] [Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or use our services.]

Aggregated Data

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data, but once in aggregated form it will not constitute considered Personal Data for the purposes of the GDPR as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

No Special Categories of Personal Data

We do not collect any “Special Categories of Personal Data” about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How we use your Personal Data and why.

We will only use your Personal Data for the purposes for which we collected it as listed below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your Personal Data for an unrelated purpose, we will update this Privacy Policy and we will explain the legal basis which allows us to do so.

What is our “legal basis” for processing your Personal Data? 

In respect of each of the purposes for which we use your Personal Data, the GDPR requires us to ensure that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal bases:

Where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”).

Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your Personal Data for is set out in the table below.

Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).

Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

Generally, we do not rely on your Consent as a legal basis for using your Personal Data other than in the context of direct marketing communications.

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your Personal Data.

Purpose Category(ies) of Personal Data involved Why do we do this Our legal basis for this use of data

[Account Creation] [Identity Data

Contact Data]  [To register you as a new customer.] [Contractual Necessity.]

[To process payments for subscriptions to the Sites (and their associated services and functionalities)] [Identity Data

Contact Data

Finance Data

Transaction Data] [To process and deliver your order including manage payments, fees and charges.] [Contractual Necessity.]

[Fraud Prevention] [Identity Data

Contact Data  ] [To keep our website, our services and associated systems operational and secure. ] [Legitimate Interests.

We have a legitimate interest in ensuring the ongoing security and proper operation of our services, website and associated IT services and networks.]

[Troubleshooting] [Technical Data] [To track issues that might be occurring on our systems.] [Legitimate Interests.

It is in our legitimate interests that we are able to monitor and ensure the proper operation of our Sites and associated systems and services.] 

[Marketing] Identity Data

Contact Data

Marketing and Communications Data To form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.  [Legitimate Interests.

We have a legitimate interest in providing you with updates on our Sites and related offers where you have purchased or shown interest in similar services from us.]

What happens when you do not provide necessary Personal Data?

Where we need to process your Personal Data either to comply with law, or to perform the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the functionalities of the Site).

In this case, we may have to stop you using our Site but we will notify you if this is the case at the time.

[Personal Data from Third Party Sources

In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we also collect certain of your Personal Data from third party sources. These sources are broken down in the table below, together with a description of whether they are publicly available or not.

Third party data source Publicly available? Category(ies) or other types of personal data received.

[Credit Reference agencies] [No] [Identity Data

Contact Data

Transaction Data]

[Social Media sites] [Yes] [Identity Data

Contact Data] 

[Our Affiliates] [No] [Identity Data

Contact Data

Marketing and Communications Data]

[Analytics Providers] [No] [Behavioural Data

Technical Data]

[Advertisers] [No] [Behavioural Data

Technical Data]

[Data brokers] [No] [Identity Data

Contact Data

Behavioural Data

Technical Data]

How we use cookies & other tracking or profiling technologies.

What are cookies?

We may collect information using “cookies”. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

We use two broad categories of cookies:

first party cookies, served directly by us to your computer or mobile device; and

third party cookies, which are served by our partners or service providers on our Site.

Cookies we use

Our Site uses the following types of cookies for the purposes set out below:

Type of cookie Purpose

Essential Cookies These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request to load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies These cookies allow our Site to remember choices you make when you use our Site, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customise. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.

Analytics and Performance Cookies These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered via these cookies does not “directly” identify any individual visitor. However, it may render such visitors “indirectly identifiable”. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access our Site. The information collected is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information.  We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.

We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here:  https://developers.google.com/analytics/resources/concepts/gaConceptsCookies

You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.

Targeted and advertising cookies These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.

Social Media Cookies These cookies are used when you share information using a social media sharing button or “like” button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings”, “help” “tools” or “edit” facility).  Many browsers are set to accept cookies until you change your settings. 

If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognise your computer or mobile device and you may need to log in every time you visit our Site.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

In particular, you can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

You can also prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.

Who we share your Personal Data with

The table below describes who we share your Personal Data with, what we share and why we share it.

[We do not transfer your Personal Data to any parties located outside the European Economic Area. This is includes our staff, representatives and advisors.

Recipients Category(ies) of Personal Data we share. Why we share it Location(s)

[Our Affiliates] [Identity Data

Contact Data] [Our affiliates help us provide our service and help manage our customer relationships (including providing customer support, customer liaison etc).] [Within Europe

The United States

Russia]

[Service Providers] [Identity Data

Contact Data 

Technical Data] [Our service providers provide us with IT and system administration services.] [Within Europe]

[Professional advisers] [Identity Data

Contact Data] [Our lawyers, bankers, auditors and insurers and other advisers who provide consultancy, banking, legal, insurance and accounting services.] [Within Europe

The United States]

[HM Revenue & Customs, regulators and other authorities] [Identity Data

Contact Data] [Authorities may require reporting of processing activities in certain circumstances] [Within Europe]

How we keep your Personal Data secure.

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality.

We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your Personal Data.

How long we store your Personal Data.

We will only retain your Personal Data for so long as we reasonably need to use it for the purposes set out above unless a longer retention period is required by law (for example for regulatory purposes).

The table below shows our standard retention practices:

Category of Personal Data Retention period

[Behavioural Data] [Two months from the date on which we collected or received it.]

[Marketing and Communications Data] [One year from the date on which we collected or received it.]

OR

[For so long as you remain a customer of ours.]

[Contact Data] [For so long as retention is necessary to fulfil the Purposes/Use for which it is used (see [LINK TO “How we use your Personal Data and why.”]).]

Our policy on children

This Site is not intended for children below 16 and we do not knowingly collect data relating to such children. 

Third party links

This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your Personal Data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every site you visit.

L Lambert Holdings Ltd, 2018

Terms of Service

This website is operated by Fenton & Co.. Throughout the site, the terms “we”, “us” and “our” refer to Fenton & Co.. Fenton & Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Where we consider the changes will materially or adversely affect you or your rights, we will notify you of such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The products and other services offered via our Service are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms of Service, you promise to us that you are a consumer and not acting in the course of a business.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

By submitting an order and providing us your payment card details at checkout, you authorise Fenton & Co./Shopify (acting by its payment processor) to charge the relevant account to take payment for your order on behalf of the relevant Retailer. We will not 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 you place an order, we ‘pre authorise’ payment of the amount of your order value. We will only process the transaction and take payment for that order when we accept your order and the contract for sale of those products you selected for purchase is concluded. If we reject your order, no contract of sale is formed, and we will not process the transaction, the pre-authorisation will be cancelled and we will not take any payment for that order.

All prices for products shown on the site are in GBP (£) and include UK VAT at the rate that is in force from time to time.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

However, and notwithstanding anything to the contrary in these Terms, the Terms of Service and price that will apply to your purchase of any products on our Service 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 of Service or pricing 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.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (the contents of this Return Policy do not affect any rights you may have at law).

We have made every effort to display as accurately as possible the colors and images of our products that appear online at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We guarantee that all stones will be of the stated quality at the time of purchase. We do not take responsibility for damage that comes to products due to improper handling by you or the wearer, including handling that is in breach of these Terms, and/or normal wear and tear. Please refer to “JEWELRY-SPECIFIC PRODUCT DISCLAIMERS” at the bottom of these Terms for further information about our products and how to properly handle and take care of them.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Subject to the last paragraph of Section 4 above, all descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, in which case, we will refund you any purchase price you may already have paid us and, if applicable, we will organize for the return of the product; or alternatively, you will be able to accept the change(s) made by us and go through with the purchase under such new terms as have been amended).

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms 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 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 are entered into, both we and you knew it might happen.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time (subject to your then-current order(s) being refunded, or delivered in accordance with the Terms applicable at the time you placed the relevant order), without notice to you.

The Fenton & Co. site is provided 'as is' and 'as available' for your use, without any term, representation, warranties or conditions of any kind, either express or implied, including all implied term, warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement.

The Fenton & Co. site, products and Services are only for domestic and private use. If you use our products for any commercial, business or re-sale purposes, in no case shall Fenton & Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any lost profits, loss of business, business interruption, business opportunity, lost revenue or any similar damages,

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 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 may be performed despite the Force Majeure Event.

Nothing in these Terms 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 our Refund Policy; defective products under the Consumer Protection Act 1987; or any other liability that cannot be excluded or limited by English law.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, and you will remain liable for all amounts due up to and including the date of termination.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Where we consider the changes will materially or adversely affect you or your rights, we will notify you of such changes.  Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. However, and notwithstanding anything to the contrary in these Terms, the Terms of Service that will apply to your purchase of any products on our Service 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 of Service 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.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@fentonand.co.

JEWELERY-SPECIFIC PRODUCT DISCLAIMERS

What are our gemstone quality guidelines?

Fenton & Co. only sources fine, natural gemstones, that are expertly cut to bring out the best color and brilliance of each gemstone. We select gemstones that are visually compared against masterstones that we have chosen, to ensure that the colour of these natural products are as closely matching to the depicted gemstone colours on our website as possible. We mainly source gemstones, that are evenly saturated and that are transparent, or translucent and cut it (using reasonable care and skill) to give them brilliance. All gemstones will have some inclusions that in some cases may be visible to the naked eye. We generally avoid gemstones with black inclusions and with surface reaching fissures.

Discrepancies between gemstones

Gemstones are a product of nature and as such are an individual and unique product of geological creation. Some gemstone varieties, such as rubies and sapphires, are not exclusively found in one location, but are available in several different deposits around the globe. Each deposit has its own specific geological formation and characteristics and in each of these deposits the composition and concentration of the "colouring elements" is slightly different from the next. Even rubies from the same source deposit (mine) can have a different colour, or hue and it is therefore understandable that colour-matched colour gemstones command a higher price, as a larger quantity of gemstones has to get produced and assorted to create a perfectly matched set (such as those we use for our Fenton & Co. Garland Rings).

Gemstone colours vs. renderings

When we are sourcing the gemstones that we use in our Fenton & Co. engagement rings, we travel with a set of masterstones, which we have selected to represent our Fenton & Co. level of quality. These masterstones serve as limit samples to benchmark each new gemstone purchased against the established standard. While we allow a small variation of colour intensity and saturation (since we are dealing with a natural product), we are making sure, that our colour selection is aligned to the gemstone colour, which is shown on our website, as much as possible. However, it must be noted here that "colour is virtually in the eye of the beholder", meaning that each human being has a unique set and quantity of colour receptors in his/her eye and colour perception is therefore subjective. The perception of colour is furthermore affected by the presence and quality of light. For instance, different digital devices feature different monitor and screen technology to display colour and a bright back-lit desktop screen will show the same picture in a different colour than a small LCD screen on a mobile phone. It should  therefore be understood, that the colour gemstone that you have received from Fenton & Co. might look slightly different in colour than that of the picture you have seen online.

Gemstone size guidelines

We select each of our gemstones based on a large number of contributing factors, of which size is one. Gemstones of this size and quality are often not cut in exact calibrated sizes (8x6, 9x7mm etc) so there might be some slight variances in the mm size of your gemstone. All gemstones will be closest to the stated size with a tolerance of up to 0.45mm. We are always happy to provide exact information upon request.

Gemstone treatment overview

Fenton & Company is only working with natural colour gemstones, that are treated in a way that follows common jewellery and gemstone industry standards. The AGTA gemstones guidelines represent an international value system and provide the applicable nomenclature. Fenton & Co. colour gemstones, might be heat treated (to improve the colour intensity of a gemstones and our emeralds might be clarity enhanced by having been treated with a colourless oil. However, we don't believe in any other known gemstone treatment, such as laser drilling, fracture filling, deep diffusion treatment, berylium treatment and glass-filling are treatments and therefore do not use in relation to our carefully sourced engagement rings.

Emerald warnings and care

Stability

Heat can damage emeralds, especially by extending existing fractures or fissures. Any expose to heat above 60 degrees Celsius risks making the oil in the emerald change viscosity and "run". A trip to the sauna can permanently damage an emerald, and so can steam coming out of a cappuccino machine for instance. Emeralds should also not be exposed to dish washing water (particularly if it involves oil removing dish soap). Light (as it creates heat) and chemicals can cause the oil, that is used to fill fissures, to change the appearance of an emerald. The complete removal of clear oil can result in the deterioration of clarity of an emerald.

Finally, do not subject your gemstones to drastic or sudden temperature changes. For instance, when wearing your Fenton & Co ring, do not reach into an ice box, and then suddenly hold your hand near a boiling pot of water.

Cleaning

Since the great majority of cut and polished natural emeralds contain filled fractures, it’s risky to clean them in ultrasonic bathes, or with steam. Ultrasonic vibrations can weaken already fractured stones, and hot steam can cause the oil to seep out of fissures. Using warm water coupled with gentle scrubbing with a soft brush is the safest way to clean emeralds.

Metal purity and diamond quality overview

All Fenton & Co. engagement rings are manufactured in 18 karat gold, or in 950 platinum. The purity of our rings are guaranteed by the hallmark of the British Government, that checks and verifies the metal purity of each and every Fenton & Co. engagement ring. Our proposal rings are manufactured in 925 Sterling silver and are likewise audited and hallmarked through the British Hallmarking Authorities. Unless specifically stated otherwise, our expertly cut diamonds are of G-H color grade and of VS clarity. The diamond weights stated on our website are minimum weights (there are no negative weight tolerances).

Correct ring care and servicing

With a little bit of regular care, your Fenton & Co. engagement ring will remain sparkly for years to come. Between professional servicing, most gold and platinum jewellery can be maintained with a non-abrasive cleaner, or just a bit of lukewarm soapy water. Examine your engagement ring settings regularly to make sure the prongs are snug fitting and the gemstone(s) are secure. If you have any doubts about a gemstone having come loose, don't try any repairs with glue or other DIY, but take the ring to a professional gemstone jeweler to tighten the setting, if required. Avoid exposing gold jewellery to household bleach and aggressive cleaners, which will  cause gold to discolour and possibly damage the gold alloy by reacting with the copper. Jewellery storage is important as well. You should remove your jewellery when you sleep and between wearings, we recommend that you place it back in its original case or another suitably lined box or pouch. Avoid storage in a joined box where diamonds and hard gemstones can scratch and damage your polished gold and platinum surfaces by abrasion and touch.

Gemstone Care

Although gemstones are some of the hardest natural materials in the world, exposure to impact can make them vulnerable. In some cases the gemstone shape (for instance a baguette cut) can contributes to the vulnerability of a gemstone. Larger stones in particular should be worn and stored with care and protected from hits and abrasions.

Porous gemstones, such as emerald may be enhanced by oils, so it’s particularly important to avoid contact with face and body creams, sun tan lotion and household chemicals. Wash porous gemstones in lukewarm water with no soap additives (that could dissolve the oil) and dry with a lint-free soft cloth.

Porous gemstones (such as emeralds) are more susceptible to damage when being exposed to heat. It is therefore recommended to avoid wearing jewellery to the beach or in the sauna, where the sea salt, sun and sand could easily harm the appearance of your gems. Likewise, porous gemstones should not be worn in a swimming pool or Jacuzzi where chlorine or other chemicals in the water can attack the gemstone substance.

Gemstone Country of Origin

We have stringent processes to ensure that we only source gemstones from the approved countries of origin described on our website and rely on both our direct relationships with dealers as well as third party lab testing to uphold these standards. We strive to ensure that we are always communicating the correct information to you in this respect. If there is an eventuality in which we unknowingly sell you a gemstone that is not from one of these countries and you are able to demonstrate that to us, we will exchange that for a stone that we can reliably prove the origin of immediately.

General wear and care advice

Colour gemstones have different hardness properties that are measured in Mohs (relative Moh's hardness scale). While diamond, ruby and sapphire are relatively hard and hard wearing gemstones, there are softer gemstones such as emeralds and tanzanite, that require protection and care, to avoid permanent stone damage.  It is a general good practice to remove rings when cleaning, where the jewellery might get in contact with acids, cleaners or other chemical agents that could either damage the gemstone or the gold alloy. Once you have removed your Fenton & Co. engagement ring, wipe it with a soft cloth so that any residue from air pollution or contact dirt gets removed. Store the ring in a jewellery box, where the ring is not touching any other jewellery piece - to avoid scratches on the polished gold surfaces

Insuring your investment

Once you have purchased your Fenton & Co. engagement ring, we recommend you ensure it so that it is properly insured, in the event of theft or loss. Although homeowner's and renter's policies will in most cases cover a portion of your loss, it is often a small amount in comparison to the original cost of an engagement ring or wedding band. It is advisable to find out how much is covered by the policies you have in place, and then decide on securing additional policies for adequate coverage.

Most insurance companies will not insure fine jewellery without an appraisal, so make sure you find out which appraisal reports are acceptable to your insurance company. Make sure you read the details of the policy carefully before you pay for extra insurance. Be conscious that your insurance company may require updated 

jewellery appraisals on an annual basis and be prepared to have your jewellery appraised at least every few years and proactively submit the updated appraisals.

Lead time to manufacture and deliver

We at Fenton & Co. believe in building lasting relationships with our customers and we will go out of our way to find just the right colour gemstone for the ring that you have selected. Many times we might be able to offer you a few gemstone options, where you can decide between similar gemstones with regards to size, colour saturation or carat weight. Our regular order lead time for completing your ring of choice, specific to your size and preferences, is 4 weeks. However, we might be able to expedite your order, if we are quickly able to procure your gemstone, so please let us know what your preferred delivery date is and we will try to meet that date. On some rare occasions, we might require up to 6 weeks lead time, particularly when gemstones of higher carat weight or of specific colour have been selected.

Resizing

As part of your purchase we are happy to offer one round of free resizing. If your ring needs to be resized above two sizes either way, we recommend that you exchange your ring for a larger size, rather than resizing to protect the long-term structural integrity of your ring. Please note that we cannot accept pieces that have been worn or resized, either by us or another jeweller for exchange or return.

Breakages due to poor care

Fenton & Co. will not be liable in relation to breakages which are caused by impact that the wearer subjects a gemstone to, and not by any manufacturing flaw. As mentioned above, some gems are softer and more prone to breakage than others,. Even the hardest substance on earth (diamond) breaks if hit with the right amount of force at the right angle. This fact is even used when cutting diamonds, as the diamonds are "knocked" along the planes and thus get broken off in a controlled way. It is therefore critical that you research which gemstones are most suitable for the lifestyle of the wearer. For instance, since emerald is one of the most fragile and breakable stones, we would not recommend it to a wearer who would wear it whilst doing a lot of physical activity or who handles chemical substances whilst wearing the ring. Loss of pave band or side stones is classed under regular wear and tear, the prongs holding these should be checked regularly as part of ring care and servicing.

RETURNS

Fenton & Co.’s voluntary Return Policy

We offer returns or exchanges, for items that are unused and unworn, within 60 days of your receipt of the relevant ring. To complete your return, we require a receipt or proof of purchase.

If your item is faulty, please contact us via email and provide us with proof of the damage, such as for instance, a photo of the default in the ring.

Defaults do not include any natural elements of our gemstones such as colour depth and saturation, colour tone or inclusions. Please see our Jewellery Specific Product Disclaimers for more details.

Any rings that are altered, either by us or a third party jeweller are not eligible for return. Rings that are altered by third party jewellers are also not covered by our lifetime warrantee against manufacturing flaws. Bespoke rings are not eligible for return unless otherwise specified.

Please note that the contents of this Return Policy do not affect any rights you may have at law (the key ones of which are outlined in the below section called “Summary of your key legal rights”).

For more information, please contact us at info@fentonand.co

Summary of your key legal rights

As you are purchasing the Fenton & Co.’s products online you 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 the supply of goods made to your specifications or clearly personalized.

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:

(a) up to thirty days: if the products you received are faulty, then you can get a full refund (this refund will include costs of delivery and return).

(b) 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).

In the first instance, we will try to refund any sums you are due under this Refund Policy to the same payment method used for the relevant order.