Terms and Conditions of Commissioned Items
Terms and Conditions – Commissioned items
These conditions govern all contracts of the sale of commissioned items between Elena Brennan Jewellery (EBJ) and any customer. These terms can only be varied with the written consent of EBJ.
A confirmed order is made when the Customer has paid the deposit required. All orders for the supply of goods placed by the Customer with EBJ are irrevocable unless otherwise expressly stated in writing. A confirmed order may only be cancelled or varied with EBJ’s written consent. Such consent shall not in any way prejudice EBJ’s right to recover from the Customer full compensation (including profit) for any loss or expense arising from such cancellation or variation of the original order. EBJ is under no obligation to agree to vary an order.
Cancellation must be made in writing. The order is not cancelled until EBJ has consented to the cancellation in writing to the Customer. EBJ reserves the right to refuse acceptance of goods returned to EBJ without permission.
The price provided by EBJ at the time an order is made is an estimate. The customer accepts that the final balance may vary from their original estimate. Any variation, if it applies, reflects variation in the costs of raw materials and manufacturing processes.
5. Payment and Deposits
EBJ requires a 30% deposit before work can commence on an order. The company reserves the right to require a larger deposit. Payment of the balance is due before dispatch or collection by the Customer. EBJ reserves the right to refuse to dispatch goods to a customer whose payment is not made. A charge of €25 will be made for each instance of a returned or represented cheque.
6. Completion date
The completion date provided by EBJ at the time an order is made, is an estimate. EBJ will use its best endeavour to deliver the goods on the estimated date for delivery or collection, but does not guarantee to do so. EBJ shall, under no circumstances whatsoever, be liable to the Customer for any loss, damage or expenses, whether caused directly or indirectly, by or from any delay in the completion of an order.
Delivery to the Customers own premises or to those of a nominated agent will be charged extra to the Customer. Where delivery is to be made by an independent carrier, delivery to or pickup by the carrier will be deemed delivery to the Customer. Claims for shortages or non-delivery must be supported by the carrier’s consignment or delivery note on which the goods have been signed and checked at the time of delivery. All claims for shortages or non-delivery must be made by telephone within 3 working days and in writing within 5 working days. Any loss or damage to the goods after delivery, whatever the cause, is the sole responsibility of the Customer.
Absolute consistency of sizes, materials, proportions, colours and shades are not guaranteed by EBJ and are given as guidance only. On those occasions where repeat orders find that there is some variation from the previous order, EBJ cannot be held responsible for those changes.
9. Care of Jewellery
All items of jewellery must be cleaned in accordance with instructions given by a member of EBJ staff, or the item should be taken to an established jeweller for cleaning. Please refer to EBJ cleaning instructions. EBJ is not liable for any damage caused due to the Customer not following these recommendations. Jewellery should be treated with reasonable care. Jewellery should not be worn in bed or in the shower or bath. Jewellery and rings should be removed before playing sports, swimming, clapping or washing up. EBJ is not liable for any damage caused due to the Customer not following these recommendations. EBJ is not liable for any costs associated with normal wear and tear during the lifespan of the commissioned jewellery.
10. Alterations and Repairs
We recommend that items made by EBJ should be returned to EBJ for repair and/or alteration. Any damage or costs caused by repairs or alterations made by a third party are the sole responsibility of the Customer. EBJ will only carry out free-of-charge repairs on a commissioned piece of jewellery if it is faulty and returned to EBJ within three months of the delivery date. Alterations, e.g. resizing of rings, are always chargeable.
11. Gold plate
Gold plate has a limited life-span. We can only guarantee the life of gold plate up to three months from the date of purchase. After this period has expired the Customer is responsible for the cost of re-plating the item.
12. Claims against EBJ
All claims in respect of goods alleged to be defective must be made in writing within 14 days from the date of delivery.
13. Set-off and Lien
No payments may be withheld nor may any counterclaims by the Customer be set-off against any payment due under this or any other contract. EBJ shall have a general and particular lien on all money and property, which the Customer owns or is entitled to posses, which is in the possession of EBJ or its agents, which it may sell as the Customers agent to reduce the Customers debt to EBJ.
14. Ownership of Goods
Property of any goods supplied to the Customer will not pass to the Customer until the Customer pays for the goods in full. Further, title to such goods shall not pass until payment to EBJ of all amounts owing to it by the Customer on any account whatsoever. EBJ has the right to recover from the Customer the cost of installation, removal, return transport and diminution in value of any such goods not paid for in full. If prior to making payment to EBJ, the Customer contracts to sell the goods to a third party in substantially the same form in which they were delivered to the Customer, then the title to such goods and payment liability shall pass from the Company to such third party upon full payment to EBJ.
15. Intellectual Property Rights
All industrial or intellectual material or property rights associated with the design or manufacturing processes of commissioned jewellery are the property of EBJ and remain so after ownership of the commissioned jewellery passes to the Customer. EBJ reserves the right to reproduce the designs and use images of designs.The Customer agrees to indemnify EBJ from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.
16. Rectification of these Terms
If any of these terms, or any part of these terms, is unenforceable or void by law, it shall not affect the remainder of such terms or any other such term or otherwise affect the contract and shall be replaced by such valid term as is near as may be in effect to the original term.
17. Email Marketing
EBJ automatically add you to its mailing list as someone who has expressed an interest Elena Brennan Jewellery and its products. If you would like to unsubscribe from the list please click the ‘unsubscribe’ link or contact us by email or phone.
The laws of Ireland shall govern all contracts between EBJ and the Customers and any disputes arising there from shall be subject to the jurisdiction of the Irish courts.
19. Entire Agreement
We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
Shipping Terms and Conditions
Most designs are low production pieces and we kept a few of all in stock ready to go. If not in stock, a piece can take up to a week to make. Usually though, orders are dispatched within 3 days.
If you need something sooner please let us know immediately and we will see what we can do.
Custom made to order pieces vary widely in their time scale and each is individually discussed with the customer. If you need something sooner please let us know immediately and we will see what we can do.All transactions are processed in Euro €.
All items are delivered by Registered Irish Post Recorded Delivery, which we have found to be the most reliable and fully trackable.
Postage is currently free for all online purchases anywhere in the world. For bespoke jewellery commissions, we add the delivery charge to your quote. We use Registered Irish post for all deliveries worldwide. For deliveries to the US please allow between 1 - 3 weeks for delivery.
Please note that any duty and customs taxes that may be levied in the country of destination are solely the responsibility of the customer.
Expected Delivery Times:
- Ireland (including Northern Ireland) Registered Delivery – Please allow 1 – 2 working days*
- Europe (Excluding Ireland) Registered Delivery – Please allow 3 -7 working days*
- International (Rest of World) Registered Delivery – Please allow 6 – 9 working days*
* Delivery times for Registered Post are estimated times only and not guaranteed.
All of the jewellery is made in sterling silver (925), 14ct (585) & 18ct (750) red, white & yellow gold and platinum (950), and will display the Irish hallmark from the Assay office in Dublin Castle and our unique maker's stamp (MEB - Maria Elena Brennan ).
Items are available with different finishes, for example, polished, hammered or matted. Please be aware that matt surface finishes are temporary and will fade with wear. A refinishing service is available.
We use the images we take of finished pieces of jewellery for marketing purposes from time to time but will be mindful of discretion and dates of weddings and the presentation of finished pieces to the wearer. We, therefore, ask your permission during the commission process or after the jewellery has been delivered.
Thank you! Elena and team xx