Terms & Conditions

Terms of service/use

General

This website is owned and maintained by Davis Design Studio, also referred to throughout this website as “DDS”; “we”; “us” and “our”. The words “you”; “your”; “client”; “customer” and “purchaser” used in this documentation will refer to you, the visitor to our website.

Please read all Terms of service/use (terms) for our website. By using the website, you accept all terms and conditions of this site.
The “terms of service/use” (Terms) on this website, which may be updated at any time, are set to protect both you and us from possible unnecessary legal issues that could arise from any misuse of any part of the website. By visiting our site (either for browsing; interest; as a customer; as a purchaser etc) you accept these terms and undertake to abide by them.

Web content

All content on this site (Design; written; graphic; product designs and photographs etc) remain the property of DDS (even after the actual products have been sold) and is shared with you with the understanding that you may not copy or use the content etc without specific permissions obtained in writing from DDS. This includes copying and using DDS designs; photographs; written materials and information etc).

The information and knowledge shared on this site is given based on Jill (the jeweller) ’s 30+ years of experience in handmaking jewellery and is done with the sole purpose of assisting you with making sound decisions regarding your jewellery, jewellery purchases and jewellery maintenance. However, due to Jill not being present when you are making these decisions, she cannot be held accountable or liable for any wrong decisions you make.

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions. This 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 at any time without prior notice.

You are prohibited from using DDS’s name or website content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our, or any other’s intellectual property rights; (e) to harass or abuse any others in any way or for any reason; to upload or transmit viruses or any other type of malicious code that can or may be used in any way that will affect the functionality or operation of the Service of this or of any related website, or the Internet; to collect or track the personal information and privacy of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related/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.

Our Products

All jewellery shown on our website (except some chain, findings, and charms) is handmade by our jeweller (Jill Davis). All jewellery pieces are of high quality and are made to last. Jill does not compromise on making a quality piece to keep the cost low.

Whilst we have made every effort to describe as accurately as possible the dimensions and composition etc, as well as to show the colours and sizes of the products in the images on our website, we cannot guarantee that colours etc will appear accurate and true to colour on your device. We will therefore not be held liable for differences appearance between your device’s display of our products and the actual real life colour etc.

When purchasing from our online store you are purchasing the actual piece you see in the pictures. Should you require an alteration in the design, size, type of metal or stone etc you accept that these differences will alter the original price of the item. You also accept that as handmade pieces, each replica may have minor differences from the original.

You accept that we cannot be held liable for increased costs due to changing raw material costs or other manufacturing costs.

We reserve the right to discontinue any product/range of products and service at any time without prior notice.

Your personal information

You agree to provide current, complete and accurate email, shipping, purchase and account information for all purchases made at our store to enable us to finalize your purchase timeously and without delay. Should any information that you provide not be accurate and result in added costs to us, we will pass such extra costs on to you.

Despite explicit care, you understand that your content (other than banking/credit card information), may be transferred unencrypted over various networks and may be changed to conform and adapt to technical requirements of connecting networks or devices. Please note that your Credit card information is always encrypted during transfer over our networks.

Designs, special commissions and remodeling old jewellery

At times during the design and manufacturing process you may be required to forward creative thoughts; ideas; materials etc to assist with the design etc of your new piece. You agree that we may use these ideas and materials in the design process without restriction. You also accept that we will photograph your items both during the making process as well as on completion of your jewellery design for publicity use. We undertake however not to publish your name or personal details.

You agree to working with DDS completely in our business approach and process when placing your order for a commission or remodel of your old jewellery.

Sales regions

DDS reserves the right to limit or decline the sale of our products to certain geographical regions as determined on a case-by-case basis.

Disclaimer; Guarantees; Warrantees; Liability etc

Your use of our website and service is at your own risk.

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

You accept that from time to time we may remove the use of our website and service for indefinite periods of time or cancel the service at any time, without notice.

Our products and services on our website are provided to you 'as is' and are available for your use, without any representation, warranties or conditions of any kind (either express or implied), including all implied warranties or conditions; quality; fitness for a particular purpose and durability. In no way will we, DDS or any employees or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify DDS, or any participating employee / affiliate / supplier / service provider etc, and hold them harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Should any provision of these Terms of Service be 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.

All 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/Use 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.

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 you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Our failure to exercise or enforce any rights or provision of these Terms of Services 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.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for to checking our website periodically and familiarizing yourself with any changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.