Mocielli Ltd

The Goldsmiths' Centre

42 Britton Street

EC1M 5AD,  London

info@mocielli.com

+447545137913

Payment & Security

Terms & Conditions

Privacy Policy

Intellectual Property

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©2018 by MOCIELLI LTD. All rights reserved

Terms&Conditions

 

These are the terms of business between Mocielli Ltd, a company whose registered office is at 85 Great Portland Street, W1W 7LT Greater London (‘Us’),  and costumer (‘You’)  for provision of the Piece and Services described in the attached Design Brief.

 

  1. DEFINITIONS

Designs  -  the drawings (hand drawn or computer rendered or photos) of the Piece created by the Mocielli.

Design Brief - the statement attached to these Terms that describes in detail the Piece that You want Us to design and make for You and the date by which you require delivery of the Piece to You.

Materials  - the metal(s) or material(s) You want the Piece to be made in.

Piece - the articles that You agree to buy from Us or that You instruct Us to source or remodel for You.

Price - the price for the Piece, including VAT and packaging but excluding carriage and insurance costs which will be charged in addition if required.

Services  - the service of designing the Piece, sourcing Materials, manufacturing the Piece, advising on remodelling of a Piece as set out in the Design Brief and all assistance associated with the manufacture of the Piece for You by Us.

Terms- the conditions of design, manufacture and sale set out in this document and any special terms and conditions agreed in advance in writing by Us.

 

THESE TERMS

  1. We will provide the Services according to these Terms, which form the contract between You and Us in relation to the Services provided by Us to You and signature of which provides evidence of Your obligation to purchase the Piece.

  2. These Terms set out the whole of the agreement between Us and You in relation to the Services and may only be varied with Our agreement in writing.  They supersede any other conditions previously issued, including Your standard conditions of purchase or any other conditions which You may purport to apply under any purchase order or confirmation of order or any other document. Our Privacy Policy applies separately from these Terms.

  3. All orders for Piece shall be deemed to be an offer by You to purchase Piece from Us according to these Terms, which We can accept or reject in Our absolute discretion, including but not limited to, availability of Materials, urgency of manufacture etc.

  4. Acceptance of delivery of the Piece is deemed conclusive evidence of Your acceptance of the Piece and acts as confirmation that it is in working order and has been made according to the Design Brief.
     

THE PIECE(S)
 

  1. A description of the Piece, quantity required, delivery address, sizing and any other relevant details shall be as set out in the Design Brief, which You are responsible for checking. If You believe there is an error in the Design Brief, You must notify Us of this in writing to Our email and a revised Design Brief will be issued to You.

  2. We will use our reasonable endeavours to despatch the Piece on an agreed delivery date, but We do not guarantee this. Time is not of the essence in delivery of the Piece unless we specify that in the Design Brief.

  3. We are not liable to You for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Piece.  If short delivery does take place, You undertake not to reject the Piece but to accept the Piece delivered as part performance of the contract and We will deliver the balance of the Piece as soon as possible thereafter.  

  4. If You fail to take delivery of the Piece on the agreed delivery date or, if no specific delivery date has been agreed, when the Piece are ready for despatch, We shall be entitled to store and insure the Piece and to charge You the reasonable costs of doing so. Uncollected, delivery returned or unacknowledged Pieces shall be disposed of 3 months after the agreed date for delivery and no refund will be provided on such items.
     

 INTELLECTUAL PROPERTY
 

  1. All Intellectual property rights in the Design (and all drafts and working documents relating to it) belong to Us. We may assign copyright in the Design to You upon request and on payment of a fee.

  2. Unless agreed in writing by You and Us, we may make further pieces of jewellery using or based on the Design.

  3. We reserve the right to assert our moral rights in the Design and our copyright and other intellectual property rights in the Piece and to photograph the Piece and use images of it for Our business.

  4. You warrant that You will not copy Our Design without Our prior written consent.
     

 ACCEPTANCE OF THE PIECE
 

  1. You shall carry out a thorough inspection of the Piece within 48 hours of delivery and shall give written notification to Us within 3 working days of delivery of the Piece of any defects which a reasonable examination would have revealed. Defective or faulty Pieces may be returned for repair only and redelivery to You.
     

RISK AND OWNERSHIP OF THE PIECE
 

  1. Risk in the Piece(s) passes on delivery of it/them to You. You are responsible for ensuring that the Piece is adequately insured at least until the expiry of the inspection period in clause 8.
     

 RIGHT AND CANCELLATION AND RETURN OF PIECE
 

  1. You may not cancel an order for a Piece and/or request a return due to a change of mind or change in personal circumstances and in any event, cancellation will result in forfeit by you of any sums paid for the Piece. Your rights statutory rights are not affected.

  2. You may not return and/or seek a refund where a Piece has been;

    1. worn, cleaned and/or damaged (whether by accident or deliberately) and the Piece and/or the packaging is not fit for reuse;

    2. sourced specifically for You and/or at Your request;

    3. made bespoke in accordance with the Maker’s instructions and/or a confirmation of order;

    4. sized and/or adjusted in accordance with the Maker’s confirmation of order;

    5. remodelled to a new design and have therefore become mixed inseparably with new Piece.

  3. Where You have bought a ready-made Piece online from Us, You may cancel the order within 14 days of delivery of it and We will provide a refund upon return of the Piece to Us by You (at your expense) provided that the Piece has NOT been;

    1. worn, cleaned and/or damaged (whether by accident or deliberately) and the Piece and/or the packaging are fit for reuse;

    2. personalised sized or remodelled for You and/or at Your request.

  4. Where the Piece is proven to be defective You may return it to Us and We will correct the defect within a reasonable time and re-deliver the Piece to You and all provisions of these Terms will apply as before. This is your sole remedy in the event that a piece is defective.

  5. In any instance where You are required to return the Piece to Us, You must do so by courier or special delivery post which must be signed for by Us and You must insure it/them for its/their full replacement value. In the event that the Piece is not returned or not received by Us, no refund will be given. In the event that we agree to arrange for return of the Piece to Us, We shall be entitled to deduct the cost of returns from the price refunded to You.

  6. Where a Piece is returned for any reason (including for any statutory reason) We shall be entitled to deduct such sums as are reasonable for the amount the Piece have diminished in value as a result of You handling or wearing it beyond what is reasonably necessary to establish its nature, characteristics and function.
     

PRICE & PAYMENT
 

  1. The Price is as shown in the Design Brief. 

  2. For Piece(s) that are made to order or bespoke, payment of the Price and VAT shall be made by You in two instalments;

    1. fifty percent of the price shown will be immediately due and payable in order for Piece to be supplied or, where the item is being made according to Your specification, prior to any work being undertaken;

    2. the remaining balance will be invoiced when the Piece are ready for despatch and payment shall be made immediately upon receipt of invoice and prior to delivery of the Piece, unless any alternative arrangements for payment of the balance have been agreed in advance in writing between the parties.

  3. We will invoice You the full Price for Piece(s) which are ready made or which are available for despatch at once, and You will make payment immediately upon receipt of the invoice and prior to despatch or delivery of the Piece to You.

  4. You shall pay all invoices in full and not exercise any rights of set-off or counter-claim against invoices submitted by Us.

  5. Overdue invoices will attract interest calculated on a daily basis until the date of payment at the rate of 5% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

  6. In any event where payment or any part thereof remains unpaid 14 days after the date of invoice We shall be entitled to cancel the order and any payment already made by You shall be forfeited to cover the cost of our Services. Additionally, We shall be entitled to sell the Piece to cover the costs of materials, labour, assay, storage, insurance and any other expenses we have incurred.
     

WARRANTY
 

  1. We warrant that the Piece will at the time of delivery correspond to the description given in the Design Brief and that the Piece will be fit for purpose, of appropriate quality and made from the materials specified in the Design Brief.

  2. Our maximum liability in the case of any claim made against us relating to the Piece and/or the Services shall be the cost of the Piece(s) to which the claim relates.

Jurisdiction

  1. The formation, existence, construction, performance, validity and operation of these terms will be governed by the law of England and Wales.