Terms and Conditions – My Forever Yours.

Please ensure that you read all this page – The T&C’s are very important.

If you have an impairment including but not limited to; difficulty reading, or any disability that affects your judgement or understanding then please ask for help from a friend, family member or contact us for help. If you do not understand and fully accept these T&C’s then we respectfully ask you don’t order at this time.

It is strongly recommended that you keep a copy of the T&C’s for your records (click print, then save as PDF).

My current lead time estimate is 8-10 weeks from receiving your precious inclusion for new orders (see section 11 below for maximum and terms) more information can be found on our FAQ’s page.

1 Introduction
These terms and conditions shall govern the sale and purchase of products through our website.
(i) You will be asked to give your express agreement to these terms and conditions before you place an order on our website at checkout before purchase is made.
(ii) This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015.
(iii) In regards to postage, please see the Royal Mail Updates page for more information and amendments due to the coronavirus, with the potential impacts to the postal service. *Please note that My Forever Yours take no responsibility for items lost in the post, this includes but not limited to – being sent to us, being sent from us, and/or for any delays in postage once your item(s) have left our possession. If you are unsure regarding postage, and local pickup/collection is not an option for you, then please do not order at this time.

2 Interpretation
In these terms and conditions:
(i) “we” or “I” refers to My Forever Yours; and
(ii) “you” refers to our customer or prospective customer, and therefore the interpretation of “us”, “my”, “our” and “your” should be construed accordingly.

3 Order process
(i) The advertising of products on our website constitutes an “invitation to treat” and not that of a contractual offer.
(ii) No contract will come into force between yourself and us, until we accept your order in accordance with the procedure that is set out directly below.
(iii) In order to enter into a contract via our website and to purchase products from us, the following steps must be taken: you must add the selected products chosen by you, to your shopping cart with all your selections and any additional details in the comments. Once completed with your selections, proceed to checkout and choose a selected shipping method (currently UK shipping only), proceed to checkout; if you are a new customer, you must then create an account with us, if you are an existing customer, you must enter your login details; confirm your order and your consent to the terms and conditions of this document; you will then be transferred to our payment service provider’s website, which you have a selection – Stripe, Klana, Clearpay and Paypal, our payment service provider(s) which you have chosen will handle your payment; following this we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Please check your junk mailbox.
(iv) The change of order status to “kit to be sent” constitutes order confirmation.
(v) Conversations taking place via email, telephone, social media or other means do not constitute order notes. All notes must be put on the order comments otherwise the pieces will be made as standard without any discussed variations. If you forget to add notes please tell us by email within 24 hours and we will amend your order. You must confirm the changes are correct. We do not accept changes to an order after this.  (vi) Artistic Discretion  –  Elements (ashes etc), colour etc will be placed at the artists’ discretion unless previously agreed and requested on the order when ordering; in this case, we will do our best but still retain artistic discretion. If you have agreed to or asked for something not standard then you must make a note on your order. Ring engraving and stamping is done on the inside of the band (silver) or outside of the band (gold) and in Arial font unless otherwise requested. 

Some features you should expect to find in our handmade jewellery include and are not limited to:
-Air bubbles in resin and glass are natural and although our artists go to great effort to prevent them there may be some visible. This is a normal element in handmade resin and glass jewellery and air bubbles will not be classed as faults
-We often find fibres in locks of hair and other elements and try our best to remove what we can however some may still be visible.
-Colours of elements will vary greatly, photos on the website are of other clients’ elements and your piece will look very different even with clear resin. Pieces will never look the exact same as those on our website or social media platforms because they are all handmade and the elements you send in vary vastly. There are many colour variations in cremation ashes including white, grey, black and brown etc, the colours or additions such as glitters or crushed opal which can be added may look/appear different when combined with the natural variation of ashes, breastmilk, hair etc. Additionally light levels used in our photography may vary, as may screen monitor colours, brightness settings etc.
-Locks of hair may be transparent, white, blonde, red or dark and it depends on the hair you send us. Most “white” hair is in fact clear and is not visible in resin, See FAQ’s on how to test this before sending in your inclusion if in doubt, and other locks of hair may be hard to see. Texture varies infinitely too and affect hair placement. These are out of my control. If in any doubt, please do not order at this time.
(vii) Our rings and metalwork will look handmade and you may see small scratches, excess solder, joins, inconsistencies and marks that are typical to items which are not mass-produced.

4 Proof photos
We sometimes make several resin pieces and may send proof photos for your consideration where possible. We will set the best piece in the chosen setting, taking your preference into account. If you choose as example cabochon 2 from 3 pictured cabochon blanks, we will try our best to use that one, however if something may happen during setting, we will use artistic discretion to set the closest one to the one selected. We return unused blanks where possible at no extra charge. We may not send proof photos, if we do we may not use your preference. Proof photos are low quality images meant as a guide as a goodwill gesture and are not part of the service. They are an extra we may provide when able. Please not if an order is on hold pending reply from a proof photo for more than 24 hours, we may not be able to complete the order in time for a priority order or deadline such as Christmas delivery. We may send anyway without your feedback if working to a deadline.

5 Suppliers we use
We use different suppliers for our metal settings. We do our best to keep items consistent but may use different settings, different setting wire etc. therefore bezels may be smooth, serrated or crown points. Images on our website and social media platforms are considered to be mockups and a guide to how your items will look.

6 Products
The following types of products are or may be available on our website from time to time:
(i) customised items containing clients’ own elements (for example cremation ashes) – no cancellation/refund even if items are not to your satisfaction as cannot be returned
(ii) customised items without clients’ own elements (for example rings made to size, customised stones set) – no cancellation but can be returned if they are not satisfactory
(iii) and non customised items for example standard necklace upgrades/sizes that have not been customised– can be returned within 28 days
(iv) We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

(v) Images – we retain ownership of all images and videos of work that we have undertaken and items produced. We reserve the right to use these images in the following ways (not limited to): our websites, social media and sales promotion, selling images and videos. Please contact us prior to payment and ordering if you do not wish for images to be used in this way. Images and videos cannot be unpublished due to third party distribution.

7 Consumer Rights Act – Consumer Rights Act 2015

Section 9 Goods to be of satisfactory quality
(4) … does not cover anything which makes the quality of the goods unsatisfactory (a) which is specifically drawn to the consumer’s attention before the contract is made
Section 10 Goods to be fit for particular purpose
… applies to a contract to supply goods if before the contract is made the consumer makes known to the trader … any particular purpose for which the consumer is contracting for the goods
Section 11 Goods to be as described
(4)Any information that is provided by the trader about the goods … (main characteristics of goods) is to be treated as included as a term of the contract
Section 19 Consumer’s rights to enforce terms about goods
(i) In this section … references to goods conforming to a contract are references to (a) the goods conforming to the terms described in sections 9 …
(ii)  “an item” is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

This means that an item can’t be returned for being “not of satisfactory quality/fit for purpose/as described” if the item contains materials supplied by the customer for example breastmilk/ashes/hair/fur/cord and other elements sent to us. So please only order if you have seen enough examples of our work to have confidence in the result.

8 Prices
(i) Our prices are quoted on our website.
(ii) From time to time we may change the prices quoted on our website, but this will not affect contracts that have previously come into force.
(iii) It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
(iv) Additionally, to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force, various options for delivery will be available.
(v) Included in the delivery charge, you may have to pay for a kit to send in your elements, which will be notified to you before the contract of sale comes into force.

9 Payments
(i) You may, during the order process, pay the prices of the products you order, or you may pay by instalment if previously agreed before the order is shipped.
(ii) Payments may be made by PayPal (PayPal account or card payment), card payment via Stripe, Klarna or Clear pay.
(iii) If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
(iv) If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: this is to include,
an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
an administration fee of GBP 20.00 including VAT; and
all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in Section 6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of Section 6
Orders may be started and not completed while payment is outstanding. Any pieces in progress remain our work product until paid for and completed.

10 Complaints
(i) If you wish to complain or have an issue with an order, please email customer.services@myforeveryours.co.uk and we will reply within 14 days and attempt to find a fair solution; please double check your consumer rights, especially section 9 and 19 of the Consumer Rights Act 2015 before you email. You must include your full name and order number and order details from My Account.
(ii) You will not have a case with PayPal because they do not cover customised items. If you decide to make a PayPal claim it will be closed in our favour and we will no longer be able to help you. Claims should never be necessary if you have followed our complaints procedure above.

11 Deliveries
We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process where a postage charge has been selected and not local collection.
(i) We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the time period set out below; however, we do not guarantee delivery by this date.
(ii) We do guarantee that unless there are exceptional circumstances all items ordered will be completed within three months following the receipt of payment and the receipt of customer elements (such as breastmilk for example) Our current estimated lead time is always available to view on the Frequently Asked Questions page.
(iii) We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 5 days following order completion.
(iv) We will process your order within six months where an inclusion has been received, this may be extended by an additional six months in the case of death or serious illness again.
(v) The date of an order is whenever we receive your elements (breastmilk/hair/ash etc) and payment in full, whichever comes later.
(vi) We are protected under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134 PART 5 Regulation 42 Time for delivery of goods (1-2) This regulation applies to any sales contract… Unless the trader and the consumer have agreed otherwise. (see 8.7 where you are agreeing to six months plus extension if needed by us)
(vii) If you require your item sooner this will need to be negotiated before placing the order and specifically mentioned in the order notes (on the checkoutpage) and a priority order slot paid for with the agreed dates in the comments
(viii) If an order is on hold pending reply from a proof photo for more than 24 hours, we may not be able to complete the order in time for a priority order or deadline such as Christmas delivery. This does not entitle you to a refund for the priority slot or the order
We will always display our current lead time in the frequently asked questions and reserve the right to change our lead time before an order is complete. We may increase the lead time by up to two months during this time. Lead times are advisory only as the pieces are labour intensive and need to be made several times and we reserve the right to complete within a reasonable time outside of the advised lead time.

12 Sending Inclusions You must not send irreplaceable items unless by prior agreement. You will be sent via digital format such as email pdf, jpeg etc sending your inclusion instructions. You must retain some of your elements that you post. If we agree to receive irreplaceable inclusions they must be hand-delivered and hand collected upon completion. If you send everything you have and are unhappy with your piece then this does not constitute a reason for a refund. When something is irreplaceable we will only work with it if you agree that we can only make one attempt.

13 Ownership
Upon receipt of your elements we take ownership of them and are able to use them as we see fit to create your order. We will not use your elements for anybody else’s jewellery. We may use as much of the elements sent as we need and agree not to waste any unless it is unavoidable. Unused elements will be returned apart from breastmilk

14 Distance contracts: Cancellation right
This Section 14 applies if and only if you offer to contract with us, or contract with us, as a consumer.
You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(i) beginning upon the submission of your offer; and
(ii) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them and
(iii) none of the items in your order are customised (see section 14).
In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 14, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
You must comply with your obligations referred to in this Section 14 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
If you cancel an order in accordance with this Section 14, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
– if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
– as otherwise provided in this Section 14.
– If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
(iv)We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
(v) Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 14 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
(vi)You will not have any right to cancel a contract as described in this Section 14 insofar as the contract relates to:
– the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period (for example the cost of precious metals and gemstones);
– the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised (for example, rings made to size or any item that is engraved, stamped or coloured to specification);
– the supply of goods which contain your elements (such as cremation ashes, breastmilk, hair, fur, placenta, teeth, umbilical cord, fabric, photographs or organics):
– the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you (for example, items to be filled with cremation ash); or
– the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
(vii) A priority rush my order slot is non-refundable. If you don’t send in your elements in the agreed time, you will not get a refund. This is because we can only allocate a small amount of priority orders at a time and by booking a priority order slot we may have to deny someone else the slot. We may book extra childcare and usually begin work on the metal settings immediately so that they are ready for when the elements arrive. If you don’t send in your cremation ashes/hair etc in time, we cannot resell the slot as it has already passed. You are responsible for making sure you send in time and we recommend you get a Special Delivery tracking number and let us know so that we can check for it ASAP.

15 Risk and ownership
The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
(i) Ownership of a product that you purchase from us will pass to you upon the later of:
– delivery of the product; and
– receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
(ii) Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

16 Warranties and representations
You warrant and represent to us that:
– you are legally capable of entering into binding contracts;
– you have full authority, power and capacity to agree to these terms and conditions;
– all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
– you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
(i) We warrant to you that:
– we have the right to sell the products that you buy;
– the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
– you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
– the products you buy will correspond to any description published on our website; and
– the products you buy will be of satisfactory quality. Please see section 3(vii) on handmade jewellery and expected quality.
(ii) All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 17, all other warranties and representations are expressly excluded.

17 Limitations and exclusions of liability
Nothing in these terms and conditions will:
– limit or exclude any liability for death or personal injury resulting from negligence;
– limit or exclude any liability for fraud or fraudulent misrepresentation;
– limit any liabilities in any way that is not permitted under applicable law; or
– exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
(i) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
(ii) Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
– the total amount paid and payable to us under the contract.

18 Order cancellation
We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
– you fail to pay, on time and in full, any amount due to us under that contract; or
– you commit any breach of that contract.
(i) You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
(ii) We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

19 Consequences of order cancellation
If a contract under these terms and conditions is cancelled in accordance with Section 18:
– we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
– you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

20 Revisions
We may revise these terms and conditions from time to time by publishing a new version on our website. The revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, however this will not affect contracts made before the time of the revision.

21 No waivers
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

22 Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
-If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

23 Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
(i) The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

24 Entire agreement
Subject to Section 17, these terms and conditions, together with our Privacy policy and our FAQ’s, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

25 Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law.
– Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

26 Statutory and regulatory disclosures
These terms and conditions are available in the English language only.
(i) We are not VAT registered

27 Our details
This website is owned and operated by My Forever Yours.
(i) You can contact us by email, using customer.services@myforeveryours.co.uk