☾ • Terms & Conditions • ☽
Hello, and welcome to abigaialtd.bigcartel.com (the “site”). By using this site you are agreeing to follow and abide by our terms and conditions and privacy policy. Throughout these terms, we will refer to ourselves as Abigaia, ‘us’, ‘we’ or ‘our’ this means Abigaia Ltd, company registration: 11683760.
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We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the Terms and Conditions on each occasion you use this website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the Terms and Conditions on each occasion you use this website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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By agreeing to our terms and conditions you are also an authorised user of the credit or debit card used to make your purchase and that there are sufficient funds to cover the cost of the goods. It is your responsibility to inform us of any changes to these details as soon as possible. This does not affect your statutory rights as a consumer.
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◌SECTION 1◌: ONLINE STORE TERMS
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◌SECTION 1◌: ONLINE STORE TERMS
Our store is hosted on Bigcartel. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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◌SECTION 2.1◌ - TERMS OF SALE
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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◌SECTION 2.1◌ - TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
◌SECTION 2.2a◌ -PRODUCTS
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to Abigaia’s returns & cancellations Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate and we reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. If we have stated on the listing that there may be a slight change or variation due to the product or it being one of a kind then you are responsible for fully reading the listing and descriptions before purchasing with us.
◌Section 2.2b◌-JEWELLERY, SENSITIVITY TO METALS, ALLERGIES &
HYPOALLERGENIC EAR WIRES DISCLAIMER.
We try our best to accurately describe our products and
source good quality sterling silver and hypoallergenic ear wires, however this
does not guarantee that you the consumer will not have an allergic reaction.
We always state honestly in the listing the type of earring wire it is and to the best of our ability try to source nickel - free earring wires.
In some of our products we have copper, bronze and Tibetan / antique silver elements.
We advise you to consider your own sensitivity to metals if you like Abigaia herself know you have sensitivity or allergies.
We are not liable for any allergies that may occur in any of our products.
As stated in our ethics & sustainability page for certain ear wire hooks you can access a certificate of authentication.
All of our jewellery is handmade or sourced handmade products/ earring wires, so there may be some small marks or natural scratches.
Abigaia enjoys the distressed metal look and if that is the case with the item you are purchasing it will be present in the listing.
Abigaia does not take responsibility for normal wear and
tear or damage caused by accidents, mishandling, improper use (such as knocks,
dents, crushing etc).
Abigaia provides aftercare advice with every purchase to increase the longevity of your jewellery.
Repairs (or attempted repairs) to Products made by anyone other than by Abigaia will
nullify & void the obligation Abigaia has to the product purchased
regardless whether or not damage has been caused by such repair or attempted
repair.
Please see our returns and cancellations section for more information.
◌SECTION 2.3◌ - PRICING
All prices are as stated on the Website but Abigaia reserves the right at any time to revise the price of goods without notice.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and let you know we are cancelling the order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and let you know we are cancelling the order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Any additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected please refer to the returns & cancellation page on the Abigaia website.
◌SECTION 2.4◌ : ACCURACY OF BILLING AND ACCOUNT INFORMATION
◌SECTION 2.4◌ : ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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◌Section 3◌ : PAYMENT
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◌Section 3◌ : PAYMENT
Transactions are charged at the time the goods are ordered. Once your order has been placed you will receive an acknowledgement email confirming receipt of your order.
This email will only be an acknowledgment and will not constitute acceptance of your order.
A contract between us for the purchase of the goods will not be formed until your payment has been approved. By submitting an order to use through our site, you are confirming that the payment details provided on your order are valid and correct.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this at the check-out stage, or shortly after placing your order.
Unfortunately, during sale periods we will be unable to accept discount codes on the website and in person. Goodie bags and gift cards are not subject to discounts.
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◌SECTION 4◌: SHIPPING
We will make every effort to deliver goods within the estimated time scales; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated time scales.
See Abigaia’s shipping page for full information and details of the rest of our shipping policies.
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◌SECTION 5◌ : PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, 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.
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◌SECTION 6 .1◌ : DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
◌SECTION 6.2 ◌- DISCLAIMER FOR CRYSTAL HEALING & HERBS.
Crystal healing, herbs and other types of alternative medicines are not to be considered as a substitute for traditional medical treatment.
If either you, or someone you know, has a serious health issue, you or they should consult their own doctor and/or other appropriate professional medical practitioner, and make complementary healing part of a complete health care programme.
In addition to the above statement, and due to changes in UK Law enacted on 26th May 2008, ABIGAIA LTD would also like to point out that when we talk about, discuss online and in person or hand out literature relating to the healing properties of crystals and stones, and herbs we are communicating to you our own personal beliefs, experiences and the results of our own extensive research.
Just because a crystal, stone or herb is alleged to have one or more healing properties, either physical, mental, emotional or spiritual, it does not mean that you, personally, will definitely experience, or benefit from, any such properties.
If either you, or someone you know, has a serious health issue, you or they should consult their own doctor and/or other appropriate professional medical practitioner, and make complementary healing part of a complete health care programme.
In addition to the above statement, and due to changes in UK Law enacted on 26th May 2008, ABIGAIA LTD would also like to point out that when we talk about, discuss online and in person or hand out literature relating to the healing properties of crystals and stones, and herbs we are communicating to you our own personal beliefs, experiences and the results of our own extensive research.
Just because a crystal, stone or herb is alleged to have one or more healing properties, either physical, mental, emotional or spiritual, it does not mean that you, personally, will definitely experience, or benefit from, any such properties.
Any information you receive, whether orally, in written form or electronically, relating to crystals and stones purchased from ABIGAIA LTD should be received and understood in the above context.
For our part, we will consider that any purchases you make from ABIGAIA LTD are made on the basis of your own freedom of choice.
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◌SECTION 7◌ :SEVERABILITY
For our part, we will consider that any purchases you make from ABIGAIA LTD are made on the basis of your own freedom of choice.
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◌SECTION 7◌ :SEVERABILITY
In the event that any provision of these Terms of Service is 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.
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◌SECTION 8◌ : TERMINATION
The 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 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).
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◌SECTION 9.1◌ : ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service 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.
◌SECTION 9.2◌ : CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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◌SECTION 10◌ - COPYRIGHT
All of the content on the Abigaia site including photos, illustrations, written content, Jewellery & Clothing and text are subject to the applicable copyright laws.
Pictures on the Abigaia Website are property of Abigaia Ltd and may not be used for commercial purposes without permission of Abigaia Ltd.
The use of our site https://abigaialtd.bigcartel.com and it’s content is intended for the personal and non- commercial use by the users of our site.
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◌SECTION 11◌ - FINAL COMMENTS
Pictures on the Abigaia Website are property of Abigaia Ltd and may not be used for commercial purposes without permission of Abigaia Ltd.
The use of our site https://abigaialtd.bigcartel.com and it’s content is intended for the personal and non- commercial use by the users of our site.
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◌SECTION 11◌ - FINAL COMMENTS
We will be subject to our third party partners such as Big Cartel’s terms & conditions which can be accessed here - https://help.bigcartel.com/topic/legal, so please adhere to them as well.
Questions about the Terms of Service should be sent to us at [email protected]
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Thank you for respecting and upholding our terms & conditions ツ
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LAST UPDATED: 25.11.24
Questions about the Terms of Service should be sent to us at [email protected]
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Thank you for respecting and upholding our terms & conditions ツ
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LAST UPDATED: 25.11.24