Terms & Conditions

TERMS & CONDITIONS

  1. GENERAL

1.1 This website is owned and managed by Biggie Best Ltd (“Biggie Best”, “us”, “we”, “our”), registered in England & Wales 04482765

1.2 The Biggie Best  online shop is aimed exclusively for consumers and trade businesses. Section 2 (3) of The Consumer Rights Act 2015 defines a consumer as “an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession”. These Terms and Conditions apply to all purchase contracts between us and you as a consumer, concluded using the Biggie Best online shop. 

1.3 By accessing and using this website or our social media platforms (collectively “Website”) and/or by continuing to purchase our products via our online shop you agree to be bound by these Terms and Conditions (“Terms”).

1.4 These Terms must be read in conjunction with our privacy policy which is available on our Website (“Privacy Policy”). We are committed to ensuring the security and privacy of your information and our Terms and Privacy Policy explain in more detail the categories of information we collect from you, the purposes for and the manner in which the information is processed and used. 

1.5 In all cases, these Terms available on the website are valid Terms, at the time of concluding the purchase that is decisive.

1.6 You must be 18 [eighteen] years of age or above in order to be able to purchase products from our website or online shop. By accessing our online shop and proceeding to purchase products offered on our online shop you warrant that you are 18 [eighteen] years or older, and where you are a minor, i.e. below 18 [eighteen] years of age, you are accessing our website and purchasing products offered for sale by us with the consent and involvement of a parent or guardian and/or you ratify that you understand the implications of the purchase agreement and that you will not cancel the agreement and claim a reimbursement after you or any other person have used and enjoyed the benefit of our product(s). 

1.7 For the purposes of these Terms, Anna Muse and the consumer shall be collectively referred to as “the Parties” and individually as “a Party”.

 

  1. CONTRACTUAL RELATIONSHIP

2.1 The Biggie Best online shop is an invitation to treat and by proceeding to select products displayed on our website and activating the “Check-Out” button you confirm your offer to purchase the products selected by you (“Order”).

2.2 We are entitled to accept your offer included in the Order within 5 [five] working days from the receipt of your Order. We will communicate our acceptance of your Order, either by means of an e-mail confirmation and/or by despatching the ordered products (followed by an e-mail confirmation of the despatch). The purchase contract will be concluded only on our acceptance of your Order in accordance with this paragraph 2.2. We are entitled to refuse your offer to purchase the products indicated in your Order, (a)  if we do not ship products to your country, (b) the products ordered by you are out of stock (c) if we are not able to successfully use the payment details provided by you, (d) if we are not satisfied with your creditworthiness and/or (e) for any other reason that, by our policies and work ethics justifies our refusal of your Order. 

2.3 We offer products for sale only until stocks last. Products that are out of stock will either be indicated on our website as “sold out” or they may no longer be displayed on the website. If you are in the process of building your Order and a product runs out of stock it will either no longer appear in your Order or a notification will appear to inform you that the Product is no longer available. 

2.4 Once you have built your Order, prior to confirming your offer to purchase the Products included in your Order by activating the Check-Out button, the details of your Order will be displayed and you will have the opportunity of correcting any errors and/or revising your Order. 

2.5 Our confirmation of acceptance will be accompanied by the details of your Order, the corresponding invoice, along with a link to these Terms. 

2.6 You as a consumer will be given the facility to create your own account with us, which will enable you to save certain details such as your payment and shipping details. Creating an account facilitates a faster and more efficient order conclusion and check-out process. However, you may create an account at your own discretion. For the purposes of setting up an account with us, you will be required to create and use your log-in credentials. Any information that you submit for the purposes of creating and maintaining an account with us shall be governed by our Privacy Policy and applicable Data Protection Law.

  

  1. PRICES AND TERMS OF PAYMENT

3.1 The prices of products  (“Prices”) displayed on our website at the time you conclude an Order is binding. Currently the Prices are inclusive of VAT (Value Added Tax). 

3.3 Our prices do not include custom and import duties. If your shipping address is outside of the United Kingdom you may be subject to custom and import duties, which we will not be able to reflect in your invoice, as these will be calculated by the local authorities in the recipient country. Custom and import duties, if any shall be payable directly to the concerned authorities. 

3.4 Your invoice will be sent via email to the email address provided to us by you, confirming our acceptance of your Order. Several methods of payment are available through our website and you will not incur any additional fee when you use either of the payment options. 

3.5 Where we use third-party payment platforms we use them exclusively as service providers for the purposes of facilitating payments from consumers. We are in no way affiliated to third-party service providers. As a consumer you must read the terms and conditions and privacy notices of such third-party service providers. Anna Muse not liable for a third-party’s terms of business and/or the way they collect and process your Personal Data. You should therefore read the terms and conditions and the privacy notice of the third-party service provider whose platform you use to make the payment to us. 

Some of the third-party payment platforms that we use include without limitation:

 

  1. DELIVERY, DELIVERY TIME AND SHIPPING CHARGES

4.1 We ship worldwide. Your billing address and the shipping address must be within the same country to enable us to process your Order. 

4.2 We usually despatch an Order within 1 (one) hour from the receipt of Order (“Shipping Window”). Once your Order has been despatched you will receive an email from us notifying you that your Order has been despatched. The delivery time will depend on your shipping address, delivery method selected and sometimes external factors such as delays in postal and delivery services as a result of supervening events beyond the reasonable control of the Parties. 

4.3 Delays beyond a Party’s reasonable control

In order to ensure timely delivery of your Order, we:

  • will despatch your order within the Shipping Window, in accordance with paragraph 4.2
  • will use postal/delivery services of good standing (We usually use DHL or Royal Mail) for all deliveries within the United Kingdom and overseas

iii. will insure the delivery against damage, theft or loss during transit

  • Our courier partners DHL and Royal Mail provide a track and trace service, and once you have been notified that your Order has been despatched you will be able to track your delivery. All Order deliveries are insured and in the event your Order is lost in transit, we will at the earliest possible arrange for re-delivery of your Order, at no additional cost to you.
  • There may however be delays in the delivery of your Order or the possibility of damage during transit for reasons beyond the reasonable control of the Parties. Where there is a delay in the delivery of the Order we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do that, we will not be liable for the delivery of the Order and any delays caused thereto. In the case of damage to the Order delivered, we will replace damaged products in accordance with paragraph 6 of these Terms.
  • Please note that we will not be liable for delays caused by custom authorities and customs clearance. 

4.4 Shipping Charges borne by you in the event of return of a product, unless a faulty/defective/damaged product is being returned are non-refundable.

 

  1. CANCELLATION OF ORDER AND RETURN AND REFUND POLICY

5.1 We  usually despatch an Order within 1 (one) hour from the receipt of Order, and we encourage you to cancel an Order within the first 1 (one) hour from placing the Order in order to avoid the despatch of Order. 

5.2 You may however cancel your Order (unless your Order contains bespoke items or shows signs of wear or the product is a pair of earrings which we do not accept back for hygiene reasons) up-to 14 calendar days from the date of receiving your products (“Cancellation Period”). You can do this by emailing us at enquiries@annamuse.co.uk and citing your Order number and/or enclosing a copy of your receipt. 

5.3 Once you have requested for a cancellation of Order prior to receiving the products, we will send you an email confirming that your request is being processed and that no payment has been taken from you, or if a payment from you has already been taken, the purchase price has been or will be credited back using the same payment details that you submitted while making the payment, within 14 [fourteen] calendar days from the date on which you notify us your decision to cancel the Order. 

5.4 If you have received the products you wish to return, you must return them within 14 [fourteen] calendar days from the date on which you notify us your decision to cancel the Order. For reasons of hygiene, we will not accept the return of products that show signs of use or where the product is a pair of earrings. For all other products we will refund the purchase price of the returned product(s), within 7 [seven] calendar days from the date on which we receive the returned product(s) from you. 

5.5 You cannot cancel an Order where you ordered a bespoke/personalised/sized product. 

5.6 In order to be eligible for a return please make sure that: 

(a) The product is being returned within the timescale mentioned in this Return and Refund Policy, or as the case maybe, within the timescale in relation to defective/damaged products

(b) The product is in its original packaging

(c) The product is not used or damaged (unless you received a defective/damaged product from us)

(d) You have the receipt or proof of purchase

(e) Your product is not a sale item, as only regular price items can be refunded (unless you received a defective/damaged product from us)

(f) Your product is not personalised (i.e., engraved, customised or sized to include bespoke elements) (unless you received a defective/damaged product from us)

(g) Your product is not a pair of earrings as we cannot accept the return of earrings for hygiene purposes (unless you received a defective/damaged product from us)

Products that do not meet the above-stated conditions will not be considered for a return and refund.

5.7 Before returning a product we request you to contact us via email enquiries@biggiebest.co.uk citing your name, Order number (if any) and the reason for return. You must also provide a copy of the invoice, receipt or proof of purchase. We will acknowledge your request and communicate with you throughout the process up until the receipt of the product you wish to return and subject to the option selected by you, the issue of a refund by cash or credit note. 

5.8 You must send the product you wish to return with its original packaging and the receipt or proof of purchase to:

Biggie Best Ltd

109-111 south liberty lane

Bristol

Bs3 2sz

When returning products you must obtain proof of posting as we cannot accept liability for parcels lost in transit.

All refunds shall be made using the same payment details that you submitted while making the payment.

5.9 Shipping Charges- Shipping charges incurred in connection with the return of a product are non-refundable, except where you received a defective/damaged product from us, in which case we will reimburse shipping charges payable for Royal Mail first class post or for Royal Mail standard shipping, in case of an international delivery. 

5.10 You shall be liable for any damage caused to the product being returned, where such damage was caused by you and/or during or as a result of the shipping of the product. 

5.11 If you have any questions about cancelling your Order or our Return and Refund Policy please contact us at enquiries@annamuse.co.uk

 

  1. PRODUCT INFORMATION, DEFECTIVE PRODUCTS AND WARRANTY

6.1 Defective Products and Warranty- Starting from the date of purchase, we provide a 12 [twelve] months’ warranty (“Warranty Period”) in respect of manufacturing defects only, which means that if you receive a product that has a manufacturing defect we will repair it free of charge within the Warranty Period, or where a repair is not possible we will replace the product with an identical or equivalent one free of charge, or provide a refund in accordance with paragraph. 

6.2 Where you have received a defective/damaged product from us, you can claim a full refund within 30 [thirty] days from the date on which you received the defective/damaged product. You must return the defective/damaged product in accordance with paragraphs 5.4, 5.5, 5.6, 5.7 and 5.8. If you contact us in relation to a defect in your product after 30 days but within 6 [six] months of receiving the product, you will be required to give us one opportunity of repair or replacement before claiming a refund, which will be made only if the attempt at repair or replacement has been unsuccessful. If you contact us in relation to a defect in your product after 6 [six] months of receiving the product, the burden of proving that the product arrived defective/damaged will lie on you, which if proved, you will  be required to give us one opportunity of repair or replacement before claiming a refund. The refund will be partial, and will be made only if the attempt at repair or replacement has been unsuccessful. 

6.3 The warranty does not extend to wear and tear from regular use (such as, without limitation, scratches, loss of shine and dulling of the metal), negligent use, third-party repair, products that have not been engraved by us but by third-parties, misuse or damage caused by the consumer and/or supervening events beyond our control. 

6.4 We advise you to follow the “Care Guide” for the jewellery you buy form us. This is published on our website. This will help prolong the life of your jewellery. The warranty does not extend to early wear and tear of a product caused by a consumer’s failure to follow the Care Guide.

  1. STATUTORY RIGHTS

7.1 Our Cancellation, Return and Refund Policy under paragraph 5 and the offered Warranty under paragraph 6 does not affect your statutory rights.

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Disclaimers

(a)  Products on the Website may appear different than the physical products. By proceeding to purchase a product you agree that it is natural for images of a product to appear different from the physical product itself, including without limitation, in terms of its colour and finish. We shall not be liable for differences between the appearance of a product as seen in the images and the physical product itself. 

(b) The content of our Website such as text, graphics, images, blogs and any other content made available through our Website (“the Content”) is for informational purposes only. We shall not be responsible for the correctness, accuracy, relevance and/or completeness of the information provided. You agree that you rely on the Content at your volition and we shall not accept any claims raised by you citing damage suffered by you as a result of your reliance on the Content. 

(c) The Content on the Website including any promotions might be extended, changed or partly or completely deleted by us without separate announcement. 

(d) You may come across third-party links including payment links via our Website. Please note that we are not responsible for the information and/or content provided on third-party websites and/or platforms other than our own website (“Third-party sites”). We are also not responsible for the manner in which authors of Third-party sites collect and process your Personal Data. You must read the terms and conditions as well as the privacy policy concerning Third-party sites. Some of these have been provided in paragraph 3.5. 

(e) Any Third-party sites indicated on our Website exclusively indicate that they are our service providers and that we are not affiliated to the authors of Third-party sites in any other manner. Trade Marks and logos relating to Third-party sites are owned exclusively by the authors of such sites and we disclaim all rights to the Trade Marks and logos relating to such sites, whether or not published on our website, and/or content made available through such Third-party sites. 

(f) While all your data will be collected and processed by us in accordance with our Privacy Policy, if you connect with us on social media and/or post comments and/or interact with us via social media groups and discussion boards, your Personal Data shall be available to members of such groups and/or other users of social media, for which we shall not be responsible. You may interact with other members of our social media groups at your own volition and we shall not be liable for the consequences of the same.  

(g) Copyright- Biggie Best is the author and therefore the copyright owner of the jewellery designs as well as Content made available on its Website. Unauthorised reproduction of our designs in any form or medium, including the use and/or publication of their images in any form or medium and/or the duplication, distribution and/or communication of the Content without our permission is  not permitted and will constitute a breach of our Intellectual Property Rights, thereby entitling us to legal and equitable remedies.

8.2 Limitation of Liability

(a) Except as stated in these Terms, we make no guarantees, representations or warranties of any kind or nature, explicit or implicit with respect to the products and services offered by us. 

(b) We shall not be liable to consumers and/or third parties for any indirect, consequential, or special damages. We shall not be liable to any person who is not a party to these Terms. 

(c) We do not warrant that our services, information, Content, or other services included on or otherwise made available to you through our Website, servers or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our services, or from any information or Content and/or services, included on or otherwise made available to you through our Website or electronic communication, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing. 

(d) We will not be responsible for delays outside our control. If our supply of products and/or services is delayed by an event outside our control such as a Force Majeure event then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your Order and receive a refund of the purchase price you have paid for a product which we have not yet despatched. 

(e) Allergies- Every product that you purchase via our website or online shop has a corresponding product description, which lists the metals used for the product you have purchased or intend on purchasing. One of the objectives of providing the list of metals used is to forewarn you in case you suffer from allergies to any of the constituent metals. Given that a complete disclosure of product components is made by us, we shall not be held liable for any allergies suffered by you, as a result of your use of our products. 

(f) Subject to the disclaimers and limitation of liability outlined in this paragraph 8, should we be found liable, our liability shall not exceed the purchase price paid by you for the Order in relation to which a claim has been made.

  1. INTELLECTUAL PROPERTY RIGHTS

9.1 “Intellectual Property Rights” refer to rights over creations of the mind and/or intellectual assets including, without limitation, inventions, innovations, patents, Trade Marks, service marks, copyright, designs and database rights, whether registered or not, applications made anywhere in the world for the registration of the above, goodwill, the right to sue for passing off, trade secrets and confidential information. 

9.2 Our designs, Content including, without limitation, images, and our Trade Marks are our exclusive Intellectual Property Rights and your duplication, reproduction use and/or communication of the same in any form or medium, without our express consent shall constitute an infringement of our Intellectual Property Rights, entitling us to seek remedies available at law and/or equity. 

9.3 We are authorised to use and display the Content, including the images of our products displayed on our Website.

  1. DATA PROTECTION

10.1 We collect and process the Personal Data of our consumers and/or users and in compliance with applicable Data Protection Law. 

10.2 For the purposes of these Terms and our Privacy Policy which should be read in conjunction with these Terms: 

(a) “Data Protection Law” means the General Data Protection Regulations (GDPR), the UK GDPR, the Data Protection Act 1998, and any other data protection legislation applicable to the Parties 

(b) “Personal Data” shall have the meaning given to it under Article 4 of the GDPR

  1. FORCE MAJEURE

11.1 “Force Majeure” means any event or combination of events or circumstances beyond the control of a Party which cannot:

(a)   by the exercise of reasonable diligence, or

(b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party's ability to perform its obligations under this Agreement.

A Force Majeure event shall include acts of God, fire, storm, flood, earthquake, explosion, accident, damage to manufacturing facilities, acts of the public enemy, terrorist attacks, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restrictions, lockdown, government sanctions, labour dispute, labour shortage, power shortage, shortage of raw material, lack of access to any equipment or materials, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, custom delays, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency and/or any other analogous event. 

11.2 Biggie Best is wholly or partially precluded from complying with its obligations under these Terms and Conditions by Force Majeure, then its obligation to perform in accordance with the Terms will be governed by paragraph 8.2 (d) of these Terms.

  1. FEEDBACK

12.1 We welcome all feedback, and you can contact us by emailing us at enquiries@biggiebest.co.uk 

12.2 Although we strive to provide our consumers with the best possible experience, in the event you are dissatisfied with our products and/or services we will always endeavour to resolve the issue quickly and easily.

  1. SEVERANCE

13.1 If any term or provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms. Any modification to, or severance of a provision under these Terms shall not affect the validity and enforceability of the rest of these Terms.

The remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms and Conditions shall be governed by the laws of England and Wales. 

14.2 While we do not anticipate this and will always strive to make our consumers happy, in the event of any dispute arising from, or as a result of these Terms, the Parties agree to resolve it by amicable settlement. Should all efforts at amicable settlement fail (such efforts lasting for at least 30 [thirty] days from the date on which the grievance or dispute arose) the Parties shall refer the dispute to a mutually appointed mediator who shall be a neutral person with no ties to either Party. The  costs of appointing a mediator shall be borne equally by the Parties. The Parties agree to uphold the settlement arrived at, at the conclusion of mediation. Should mediation fail, the courts of England and Wales shall have jurisdiction over any disputes arising under these Terms.

  1. ENTIRE AGREEMENT

15.1 These Terms contain the entire agreement between the Parties relating to the subject matter and at the time of dealing with us supersede any previous agreements, arrangements, undertakings or proposals, oral or written.

We reserve the right to vary these Terms and we request you to refer to these Terms at regular intervals to ensure that you stay completely updated.