TERMS & CONDITIONS

Please read all of this page. It is unfortunate when I receive complaints to say “I didn’t know” when the information is below. We are checking with you twice on the checkout that you read these. They are very important. DO NOT MARK THE BOX UNTIL YOU HAVE READ AND UNDERSTOOD THIS PAGE. If you have an impairment, difficulty reading, or any disability that affects your judgment or understanding then please ask for help from a friend or contact me for help. 

I understand that grief can be a confusing time. If you are grieving so much that you are unable to read these, then I respectfully ask you not to order at this time. If you do not understand and fully accept these T’s and C’s then it is not the right time to order.

Keep a copy of these for your records (click print, then save as PDF). When I make changes I keep back copies.

Current turnaround time estimate: 2 - 4 weeks for new orders (see section 8 below for maximum and terms), please keep an eye on our FAQ’s

1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through my website
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on my website.
1.3 This document does not affect any statutory rights you may have as a consumer.
1.4 Please note that I take no responsibility for items lost in the mail, neither being sent to me nor from me, nor for any delays in postage once it has left my possession. If in any doubt, please do not order at this time.

2. Interpretation
2.1 In these terms and conditions:
(a) “we”, “me” or “I” means Malicious Mama Creations; and
(b) “you” means the customer or prospective customer, and “us”, “my”, “our” and “your” should be construed accordingly.

3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and I unless and until I accept your order in accordance with the procedure set out in this Section 3.3.
3.3 To enter into a contract through my website to purchase products from me, the following steps must be taken: add the products to your shopping cart with all details in the comments, proceed to cart and choose shipping method, proceed to checkout; confirm your order and your consent to the terms of this document; you will be transferred to the payment page to process your payment; I will then send you an initial acknowledgement; and once I have checked whether I am able to meet your order, I will either send you an order confirmation (at which point your order will become a binding contract) or I will confirm by email that I am unable to meet your order. Please check your junk mailbox.
3.4 You will have the opportunity to identify and correct input errors on your order by emailing me at maliciousmamacreations@gmail.com one hour
3.5 Sales may be withdrawn by me at any time.
3.6 Conversations taking place via email, phone, 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 me by email within one hour and I will amend your order. You must confirm the changes are correct. I do not accept changes to an order after this.

3.7 Artistic Discretion
Elements (ashes etc), color, etc. will be placed at my discretion unless previously agreed and requested on the order when ordering; in this case, I will do my 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 (see 3.6).

Some features you should expect to find in our handmade jewelry include and are not limited to:
(a) Air bubbles in resin and glass are natural and although I go to great effort to prevent them there may be some visible. This is a normal element in handmade resin jewelry and air bubbles will not be classed as faults
(b) I often find fibres in locks of hair and other elements and try my best to remove what I can but some may still be visible
(c) colors of inclusions will vary greatly, photos on the website are of other clients’ inclusions and your piece will look very different even with clear resin. Galleries are available for guidance
(i) Pieces will never look the exact same as those on my website because they are all handmade and the inclusions you send in vary vastly. For example, there are many color variations in cremation ashes including white, grey, black and brown, etc, my resin sparkle mixes are handmade, and the light levels used in my photography may vary, as may screen monitor colors.
(ii) Locks of hair may be transparent, white, blonde, red or dark and it depends on the hair you send me. Most “white” hair is in fact clear and is not visible in resin, 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.
(d) my standard resin colors and sparkle mixes may vary slightly as batches are mixed from time to time using artistic discretion. Each color will be unique depending on your inclusions (see 3.7c).
(e) my 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. If you require perfect finishing please choose a different company. The silver is not rhodium plated and will mark if scratched as with most handmade silver jewelry that is not mass-produced. Brushed effect metal may be more susceptible to scratches.

3.8 Proof photos
I sometimes make several resin pieces (blanks) and may send proof photos for your consideration where possible. I will set the best piece in metal, taking your preference into account. If you choose (for example) cabochon 2 from 3 pictured cabochon blanks, I will try my best to use that one. However, when setting, I will use artistic discretion. Sometimes I will find flaws in a blank, for example, and choose a different one to set, or a blank may be damaged during the process. I return unused blanks where possible at no extra charge. 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 I may provide when able.

If an order is on hold pending reply from a proof photo for more than 24 hours, I may not be able to complete the order in time for a priority order or deadline such as Christmas delivery. I may send anyway without your feedback if working to a deadline.

3.9 Our Suppliers
I may use different suppliers for my settings. I do my best to keep items consistent but may use different settings, different setting wire etc. Bezels may be smooth, serrated or crown points. Images on my website are considered to be mockups and a guide to how your items will look.

4. Products
4.1 The following types of products are or may be available on my website from time to time:
a) customized items containing clients’ own elements (for example cremation ashes) – no cancellation/refund even if items are not to your satisfaction as cannot be returned
b) customized items without clients’ own elements (for example rings made to size) – no cancellation but can be returned if they are not satisfactory
c) non customized items designed to be mixed with a clients’ own items (such as urns) – cannot be returned for hygiene reasons
d) and non customized items (for example necklace upgrades) – can be returned within 30 days
4.2 I may periodically change the products available on my website, and I do not undertake to continue to supply any particular product or type of product.

4.3 Images – I retain ownership of all images and videos of work I have undertaken and items produced. I reserve the right to use these images in the following ways (not limited to): my website, sales channels, YouTube and social media, selling images and videos, editing including changing over features and identifying artistic work. Images and videos may be sold on my website for use by third parties to advertise their own services (stock images). Please contact me prior to payment and ordering if you do not wish for images to be used in this way. Images and videos cannot be unpublished.

5. Prices
5.1 My prices are quoted on my website.
5.2 I will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on my website do not include tax or shipping.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, I will verify prices as part of my sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you will have to pay a delivery or shipping charge, which will be notified to you before the contract of sale comes into force.
5.6 Included in the delivery charge, you may have to pay for me to hand deliver your item before the contract of sale comes into force.
5.7 Included in the cost of shipping is tracking information.

6. Payments
6.1 Payment is expected at the time of your order.
6.2 Payments may be made by PayPal (PayPal account or card payment), card payment via Square or by bank transfer.
6.3 If you fail to pay to me any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then I reserve the right to withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay me, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by me in relation to the charge-back (including charges made by my or your bank or payment processor or card issuer);
(c) an administration fee of $30 including taxes; and
(d) all my reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognize 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 this Section 6.4.
(e) orders may be started and not completed while payment is outstanding. Any pieces in progress remain my work product until paid for and completed

7. Complaints
7.1 If you wish to complain or have an issue with an order, please email maliciousmamacreations@gmail.com and I will reply within 7 days and attempt to find a fair solution; please double check your consumer rights, before you email. You must include your full name and order number and order details from your confirmation email.
7.2 If you are unhappy with the result please contact me.
7.3 You will not have a case with PayPal because they do not cover customized items. If you decide to make a PayPal claim it will be closed in my favor and I will no longer be able to help you. Claims should never be necessary if you have followed our complaints procedure above.

8. Deliveries
8.1 My policies and procedures relating to the delivery of products are set out in my delivery policy information. 
8.2 I will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 I 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, I do not guarantee delivery by this date.
8.4 I do guarantee that unless there are exceptional circumstances all items ordered will be completed within 3 months (following the later of receipt of payment and the receipt of customer inclusions (such as cremation ash) where appropriate. My current estimated turnaround time is always available to view on the FAQs page.
8.5 Please allow an additional 2 weeks for orders which need to be special ordered.
8.6 I do guarantee that unless there are exceptional circumstances all deliveries of products will be sent within 5 days following order completion.
8.7 I will process your order within three months this may be extended to six months in the case of death or serious illness.
8.8 The date of an order is whenever I receive your inclusions (hair/ash etc) and payment in full, whichever comes later.
8.9 By agreeing to these terms and conditions please know that I try my best to return commissions and artworks and jewelry, etc as soon as possible.
8.10
(a) 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 checkout page) and a priority order slot paid for with the agreed dates in the comments
(b) If an order is on hold pending reply from a proof photo for more than 24 hours, I 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
8.11 I will always display my current turnaround time in the FAQ frequently asked questions and reserve the right to change my turnaround time before an order is complete. I may increase the turnaround time by up to four weeks during this time. Turnaround times are advisory only as the pieces are labor intensive and need to be made several times and I reserve the right to complete within a reasonable time outside of the advised turnaround time.
8.12 You must not send irreplaceable items unless by prior agreement. See the section on sending inclusions for information on retaining some of your inclusions. If I agree to receive irreplaceable items they must be hand-delivered. If you send everything you have and are unhappy with your piece then this does not constitute a reason for a refund even though it excludes you from our remake policy. When something is irreplaceable I will only work with it if you agree that I can only make one attempt.
8.13 Ownership
(a)Upon receipt of your inclusions we take ownership of them and are able to use them as I see fit to create your order. I will not use your inclusions for anybody else’s jewelry or displays unless you give me prior permission. I may use as much of the inclusions sent as I need and agree not to waste any unless it is unavoidable. Unused elements will be returned apart from breastmilk

9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with me through my website or cancel a contract entered into with me through my website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) 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 (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them); and
(c) none of the items in your order are customized (see section 9.9).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform me of your decision to withdraw or cancel (as the case may be). You may inform me by means of any clear statement setting out the decision. In the case of cancellation, you may inform me 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.
9.4 If you cancel a contract in accordance with this Section 9, you must send the products back to me via tracked delivery. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform me of your decision to cancel the contract. You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, 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:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that I offer, I reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that I offer; and
(b) as otherwise provided in this Section 9.
9.6 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, I may recover that amount from you up to the contract price. I may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to me. 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.
9.7 I 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.
9.8 Unless I have offered to collect the products, I will process a refund due to you as a result of a cancellation on the basis described in this Section 9 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 me evidence of having sent the products back. If I have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, I 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 I am informed of the withdrawal or cancellation.
9.9 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of products the price of which is dependent upon fluctuations in financial markets which I cannot control and which may occur during the cancellation period (for example the cost of precious metals and gemstones);
(b) 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 colored to specification);
(c) the supply of goods which contain your inclusions (such as cremation ashes, breastmilk, hair, fur, placenta, teeth, umbilical cord, paper, fabric, photographs or organics):
(d) 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
(e) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
9.10 A rush slot is non-refundable. If you don’t send in your inclusions in the agreed time, you will not get a refund. This is because I can only allocate a small amount of rush orders at a time and by booking a rush order slot I may have to deny someone else the slot. If you don’t send in your cremation ashes/hair etc in time, I cannot resell the slot as it has already passed. You are responsible for making sure you send in time and I recommend you get a Special Delivery tracking number and let me know so that I can check for it ASAP.

10. Risk and ownership
10.1 The products you purchase from me 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.
10.2 Ownership of a product that you purchase from me will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by me in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as my fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to me.

11. Warranties and representations
11.1 You warrant and represent to me that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to me in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and my delivery policy.
11.2 I warrant to you that:
(a) I have the right to sell the products that you buy;
(b) the products I sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on my website; and
(e) the products you buy will be of satisfactory quality (for example, the quality shown in photos and product galleries, excluding mockups). Please see the page on handmade jewelry and expected quality.
11.3 All of my 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 all other warranties and representations are expressly excluded.

12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) 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.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.
12.4 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 I will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with me under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 I will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with me under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that I have an interest in limiting the personal liability and having regard to that interest, you acknowledge that I am a limited liability entity; you agree that you will not bring any claim personally against me for of any losses you suffer in connection with the website or these terms and conditions.
12.8 My aggregate liability to you in respect of any contract to purchase products from me under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to me under the contract.

13. Order cancellation
13.1 I may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to me under that contract; or
(b) you commit any breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving me written notice of termination, if I commit any material breach of that contract.
13.3 If you are a business customer, I may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 I may cancel a contract under these terms and conditions by written notice to you if I am prevented from fulfilling that contract by any event beyond my 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.

14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) I will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) 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 I may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have an effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by me or any third party in relation to the products (other than delivery services).

16. Revisions
16.1 I may revise these terms and conditions from time to time by publishing a new version on my website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

17. Assignment
17.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18. No waivers
18.1 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.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

19. Severability
19.1 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.
19.2 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.

20. Third party rights
20.1 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.
20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with my delivery policy, my returns policy and my FAQs, shall constitute the entire agreement between you and me in relation to the sale and purchase of my products and shall supersede all previous agreements between you and me in relation to the sale and purchase of my products.

22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with US law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the US.

23. Statutory and regulatory disclosures
23.1 I will not file a copy of these terms and conditions specifically in relation to each user or customer and, if I update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. (NB to save paper you can highlight the contents of these pages and store them free of charge on Google Drive, rather than printing them out)
23.2 These terms and conditions are available in the English language only.

24. My details
24.1 This website is owned and operated by Malicious Mama Creations.
24.2 You can contact me by email, using maliciousmamacreations@gmail.com