Legal

LEGAL

I- Terms of use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Sarah Madeleine Bru ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.sarahmadeleinebru.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the site, you have read, understood, and agreed to be bound by all of these terms of use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately. By visiting this website and/or purchasing anything from Sarah Madeleine Bru, you engage and get involved in its “service” and accept to be bound by the next terms and conditions.

No one under the age of 18 years old may purchase goods. If you are under 18, please consult with an adult to buy anything from this website.

This boutique is hosted on Shopify Inc. They provide Sarah Madeleine Bru with the online e-commerce platform that concedes and allows the brand to sell its products and services to you.

At any time and for any reason Sarah Madeleine Bru keeps the right to refuse service to anyone and we also keep the right to refuse you access to our website at any time.

1. Our contract with you

These terms and conditions apply: so far as the context allows, to you as a visitor to Sarah Madeleine Bru website; and in any event to you as a buyer or prospective buyer of our Goods.

We will accept your order by way of email confirmation. That is when our contract is made. The email will also state specifications of your purchase and tell you when we will send your order.

The terms that are valid and apply to you are the ones posted here on Our website on the day you make the purchase of your goods. Nevertheless, we may revise, modify and edit these terms occasionally.

If in future, you buy goods from us under any arrangement which does not involve your payment via our website, these terms still apply.

2. Your account with us

You agree that you have given and provided and will continue to provide accurate and complete information about yourself. This information is required in order to be able to provide you with the goods that you order.

If you use this website, you are in charge of maintaining the confidentiality of your own account and password and for preventing any unauthorised person from using your account.

You concur to accept responsibility for all activities that happen under your account and password. If you think that someone has been entering your account without your authority, you should immediately let us know and log in to your account to change your current password.

You agree that any username or email address that has been selected by you, does not interfere with the rights of any third party and has not been selected for any unlawful purpose and that if we think such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

3. Made-to-order & bespoke items

Personalisation services, such as engraving or changes to the design, may be available on selected items. If you wish to have your pieces personalised, please contact us with your request and we will let you know whether it will be possible, along with an estimated lead-time and quote. If we produce any items to measurements received by you or are providing resizing or engraving services, you are responsible for ensuring that the measurement and engraving instructions are correct. We reserve the right to withhold or refuse acceptance of any order for personalised pieces. Please contact us for bespoke enquiries, such as engagement rings or other custom design requests (“bespoke”). For bespoke pieces we work with a minimum order value, which we will discuss with you whilst handling your enquiry. All sales of products that have been personalised or otherwise made to your bespoke specifications are final and cannot be cancelled or returned to us for exchange or refund.

4. Prices and payment

We try and make an effort to keep our website prices updated and accurate. However, there may be inaccuracies on price occasionally. If this happens and it is your case, we will not send your purchase until you have confirmed to us that you accept the new price. Prices for our products are subject to change without notice.

Banking charges by the receiving bank on payments to us will be absorbed by us. All other charges relating to payment in a currency other than British pound sterling will be absorbed by you.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.

The shipping costs are quoted separately upon confirmation of the order, before payment, and are based on the delivery option selected and the weight and characteristics of the ordered piece. These shipping costs are thus billed in addition to the price of the item(s) ordered, without exception, and are clearly stated.

For all items delivered outside UK overseas departments and territories, Sarah Madeleine Bru advises the customer that customs duties or other local taxes, import duties, or national taxes may be due insofar as the customer is considered the importer of these Products. Sarah Madeleine Bru is not liable for paying these duties and taxes. The customer will be wholly responsible for such duties and taxes, both in terms of declarations and payments made to the appropriate authorities and government bodies of the importing country.

We reserve the right to refuse any order placed through the site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

The price must be paid in full when ordering and it includes UK VAT. The following payment methods are accepted: by bank card (Mastercard, etc.). Payment will be debited and cleared from your account upon dispatch of your order by Sarah Madeleine Bru. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Sarah Madeleine Bru, we will not be liable for any delay or non-delivery.

5. Production time & delivery

Since all our pieces are made-to-order, your item(s) will take between one to six weeks to be produced and then shipped to you. The shipping times may vary depending on your location. We ship all orders through registered, recorded delivery, and are happy to help with any urgent delivery requests.

You must ensure that someone is present to accept delivery and we do not cover customs and duty payments for orders outside the UK. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us. We will send you a message by email to tell you when we have dispatched your order.

6. Returns

Under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind within 14 days and receive a refund. However,  there is no legal right to change your mind in respect of items which are made to your specifications or are personalised. The 14-day period starts the day after the day you, or someone you nominate, receives the items, unless your items are split into several deliveries over different days. In this case you have until 14 days after the day you, or someone you nominate, receives the last delivery to change your mind about the items.

To request to end the contract with us and wish to swap or return an item for a refund, you are exercising your right to change your mind. Please contact us at contact@sarahmadeleinebru.com and provide your name, home address, order number, and your phone number.

Unless an item is being returned due to faultiness, we do not cover the cost of any return shipments and it is your responsibility to return the items to us safely within the first 14 days of receiving your order.

We will ask you to post them back to us. We recommend that you insure the return shipment, as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them back. We also recommend that you use a secure, trackable shipping method to return your order to the address we will provide you with and retain proof of sending, in case of a dispute.

Please refer to and follow our return instructions for all information on how to process your return.

Please email us at contact@sarahmadeleinebru.com  for any assistance and advise on the safest way to return your order.

When packing to send back your return, please place the item(s) in the original jewellery box(es) provided and in the original shipping box, or any other solid carton box. Please make sure that the jewellery and jewellery box(es) are secure and will not move around in transit. Close the box and tape it securely.

Once we have received the order back, it will be carefully inspected and we have the right to refuse the acceptance of the return, if the item(s) has not been returned in its original condition, if part of the jewellery box is missing or if the item(s) show signs of wear.

If your refund is approved, then it will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. We may make deductions from the price as follows:

- to reflect any reduction in the value of the items if they are not in the same condition as they were in when they were supplied.

- to reflect any loss or damage caused as a result of your failure to follow our returns guidelines.

Your items should be sent back to us within 14 days of receiving your order. Returns outside this time frame may be accepted at our discretion.

If you have any questions or complaints about an item, please email us at  contact@sarahmadeleinebru.com

Returning faulty Products will be arranged free of charge. As per The Consumer Rights Act 2015 the Products sold to you must be as described, fit for purpose and of satisfactory quality. The agreed refunds will be transferred back to you as soon as possible.

Nothing in these terms will affect your legal rights.

7. Products.

We make every effort to display as accurately as possible the products available on the website. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual product correctly. All items are subject to availability, and we cannot guarantee that products will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

8. Repairs

Every repair is reviewed on a case-by-case basis. Please contact us as soon as you notice your piece being damaged with a picture of the item. Depending on the nature of the damage, we will arrange a return for you and carefully assess the piece upon receipt. We will repair your item free of charge if it is a manufacturing or material defect. Please note cracking, plating wear, chipping or scratching of stones are not considered as manufacturing defects. We will not be liable for loss of an item, damage caused by accidents, inappropriate use or wear and tear. Please refer to our jewellery care guide for more information on how to look after your piece.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice to you. However, we have no obligation to update any information on our site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or the marketplace offerings.

We cannot guarantee the site and the marketplace offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site or the marketplace offerings during any downtime or discontinuance of the site or the marketplace offerings. Nothing in these terms of use will be construed to obligate us to maintain and support the site or the marketplace offerings or to supply any corrections or releases in connection therewith.

10. Contribution license

You and site agree that we may access, store, process, and use any information and personal data that you provide following the privacy policy and your choices (including settings). By submitting a suggestion or feedback regarding the site, you agree we use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. You are solely responsible for your contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

11. Term and termination

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. Disclaimers

The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

There may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information.

13. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

14. Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The content and the marks are provided on the site “AS IS” for your information and personal use only. Except as expressly provided in these terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the site, the content and the marks.

Sarah Madeleine Bru also claims copyright in the designs and compilation of all content of our website. Title and ownership rights will remain the sole property of us and we will strongly protect those rights in all countries and territories. Except as set out below, you may not copy, modify, publish, transmit, transfer, sell, reproduce, derive works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part. You may not use our name, logos, trademarks, or any other content on any website of yours or that of any other person.

15. Site management

We reserve the right, but not the obligation, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and the marketplace offerings.

16. Corrections

There may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to the marketplace offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

17. Governing law

Your use of this website and any contract between us for the purchase of our products shall be governed by and shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.

18. Miscellaneous

These terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the site. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these terms of use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms of use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of use by your continued use of the site after the date such revised terms of use are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

19. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site or the marketplace offerings ("submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

20. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms of use (each a "dispute" and collectively, the “disputes”) brought by either you or us (individually, a “party” and collectively, the “parties”), the parties agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

21. Restrictions

The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. The the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

22. Exceptions to informal negotiations and arbitration

The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

23. Contact us

In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at contact@sarahmadeleinebru.com

II- Privacy & cookies policy

Sarah Madeleine Bru recognises the importance of protecting the privacy of your personal data. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Sarah Madeleine Bru may change this policy from time to time and changes will be on our website. Last date for modification: May 2021.

We have instituted strict policies and security measures to protect the information you provide us. Most of our processing of your personal data is necessary for us to perform our contractual obligations to you, and other kinds of processing rely on Sarah Madeleine Bru’s legitimate interest in processing as set out below.

1. Privacy Statement

We collect your information when you register or use https://sarahmadeleinebru.com (‘our website’). When you contact Sarah Madeleine Bru by telephone, email, or direct message on one of our social channels. When completing any forms for transactional, employment, or other purposes.

‘Cookies’ are data files that are placed on your device or computer and often include a unique identifier (more information https://www.allaboutcookies.org/). ‘Log files’ track actions occurring on the site, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps. 'Web beacons’, ‘tags’, and ‘pixels’ are electronic files used to record information about how you browse the site.

Additionally, when you make a purchase or attempt to make a purchase through the site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), e-mail address, and phone number.

2. What information we collect

Content that you generate when interacting with our customer services team including details we require to contact you and verify your identity.

Device identifiers such as IP addresses, cookie ids, idfas, and other device identifiers, as well as geolocation information, Iot technologies, and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your browsing history, hashed email addresses, and your web log information.

Log information: we log information about your use of our services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our services registering when you visit the website.

We collect information about the device you use to access, including information about the device’s software and hardware, media access control (“mac”) address, and other unique device identifiers, device token, mobile network information, and time zone identifying your HTTP requests when using the website.

3. Use of information

We treat all your personal information as private and confidential, although we reserve the right to disclose this information in certain circumstances, as also set out below. We will use and process your personal information in accordance with the Data Protection Act 1998, as amended from time to time, as well as any other relevant data protection or privacy legislation.

We may use information, including personal information, for various purposes, including to:

Operate and improve our Services;

Provide and deliver the products and services your requests, process transactions and send you related information, including confirmations and invoices,

Communicate with you about products, offers, promotions, and events offered by Sarah Madeleine Bru our affiliates and subsidiaries, and provide news and information we think will be of interest to you;

Monitor and analyse trends, usage, and activities in connection with our services;

Carry out any other purpose for which the information was collected.

We will not keep your personal information processed by us for any purpose or purposes for longer than is necessary for that purpose or for those purposes. Under data protection legislation you have the right to access information held about you. If you chose to exercise this right, then any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

4. Controlling your personal information

Notwithstanding anything to the contrary herein, Sarah Madeleine Bru reserves the right to keep and process your personal data in accordance with this policy to the extent necessary to perform our contractual obligations to you, and to the extent we are required to process your data by law or in order to defend ourselves in a dispute, to prevent fraud or abuse, or to enforce our Terms and Conditions.

4.1. Right of access.

You have the right to obtain confirmation of whether personal data concerning yourself are being processed and, where that is the case, access to the personal data and information regarding, inter alia, the purpose of processing, the categories of personal data concerned, the categories of recipients to whom your data have been or will be disclosed, and the envisaged period of time for which personal data will be stored.

4.2. Right of rectification and erasure

You have the right to request rectification of inaccurate personal data concerning yourself, and to complete incomplete data. Under certain circumstances, you are entitled to request that we erase your personal data or restrict our processing of your data, for example when it is no longer necessary for us to process your data taking into consideration the purposes for which they were collected.

4.3.Right to objection - direct marketing and profiling

You have the right to object at any time to the processing of your personal data. When any of your personal data is processed in terms of direct marketing purposes you have the right to object to direct marketing, which includes profiling, to the extent that it is related to such direct marketing. If you object to our processing of your personal data for direct marketing purposes, including profiling, we will cease such processing of your data.