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Terms & conditions

Since establishing in 2003, Melinda has personally strived to satisfy every customer with the best possible products, presentation and service and has built her reputation on integrity and passion.

Melinda fully appreciates how disappointed a customer feels when an item does not live up to expectations, and makes every effort to represent all aspects of the products in various photographs, measurements and details which you should read before purchasing.  By purchasing, you have agreed to these terms and conditions.

Important notice:

Personalised items are NOT refundable as they are commissioned items that can not be resold.

Due to Hygene Standards, earrings can not be refunded if the paper seal has been broken.

We reserve the right to change the pricing and stock at any time.

Whilst Melinda takes great care to represent the products, due to the handmade nature, items may differ slightly from pictures on this site.

Delivery:

Please allow for estimated production times BEFORE delivery!

Whilst we tries her very best to produce and dispatch all creations within the advertised timeframes, sometimes there may be slight delays. Melinda accepts no liability whatsoever for any delays, even if an agreement has been made before you have purchased.

Customers are advised within 48 hours of receiving orders with an "approximate" dispatch date.

Production times do increase during busy periods like Christmas, Father's/Mother's Day, Valentines day etc and UK bank holidays.

A dispatch email will be sent when your order has been posted with your order tracking number which can be followed on www.royalmail.com.

For security reasons, all orders require the correct addressee's signature, so please ensure the named recipient is available to sign for the package!

Melinda Mulcahy will not accept responsibility for delayed, lost or damaged parcels during posting.

Un-delivered items

Melinda will not take responsibility for returned parcels.  If orders are returned for ANY reason, you will be advised by email and the order held until payment is received for additional postage charges, before re-sending.

International customers

Please allow for reasonable delivery times following estimated production times.  Items can not be tracked after leaving the UK.

Recipients are responsible for paying any Import Duties and Taxes.  Charges may vary based on the contents of the order which are usualy marked as "GIFTS".  Please check your intended country's current import regulations.

Customers are advised to contact their local customs office for further information on current import regulations.  Melinda does not take responsibility for delays in delivery.

 Exceptional terms and conditions

The following items are generally non-cancellable and non-refundable:

Personalised gifts that are specially made, or ordered, with your choice of message, or other customised aspect that makes the item unique to your requirements and therefore cannot be resold.

Creative jewellery pieces that are especially commissioned orders.

Earrings, for hygene reasons, unless faulty.  Skin reactions do not constitute a fault.

Gift vouchers.

Gift Vouchers Terms & Conditions:

Please redeem your voucher by typing in the code at check out.

Melinda Mulcahy.com vouchers must be redeemed on this website only.

Gift Vouchers have no cash redemption value.

Vouchers are not transferable or assignable.

Vouchers expire one year from the date of issue, where permissible under applicable law.

Normal Terms of purchase apply.

Melinda Mulcahy.com is not responsible if a gift certificate or a gift card is lost, stolen, destroyed or used without permission.

General Terms & Conditions

If you are unhappy for any reason, where possible, Melinda offers to make good your order so that you are completely satisfied with your purchase, even if it is faulty BEFORE a refund or exchange will be offered.

Whilst Melinda tries to meet customer's often tight timescales, she can not be held liable if orders are not received on time!

Each jewellery creation is hand-crafted using precious natural materials, and it is often difficult to match colour, shape and size to exactly what is displayed, so please allow for some variation in these characteristics. All pieces are made strong enough to be wearable and if treated appropriately will last a long time. Please read the care instructions or go to the Care page on this site.

.999 Fine Silver, the softest precious metal, is prone to dent and scratches.  Even highly polished items may show fine scratches in the patina and this is the nature of the product, this does not constitute as faulty.

All items are displayed and described as accurately as possible. All measurements are approximate. Please be aware that colours and images may vary slightly according to your browser, software or monitor.

 

Exchanging:

If the size doesn't fit, or wish to exchange your goods, please follow the returns proceedures, detailing what you would like to resize/change, subject to paying the additional sizing/costs + any additional delivery. 

Returns

We cannot accept refunds or exchanges on earrings for hygiene reasons or personalized items made to your specification that can not be resold.

Melinda Mulcahy offers a 6 month warranty on all products.  The warranty lapses in the event of incorrect use, third-party repairs, careless handling and the warranty does not cover wear-and-tear, wear parts such silk, leather or waxed cotton.

Please follow the special Care Instructions included with your purchase.

  • You have 14 days, from the receipt of goods, in which you can cancel your order and return items.
  • You MUST cancel your order in writing via email only
  • Provide the order number, purchase details, full contact details and reason for return.
  • Once your request has been knowledged and agreed, returned items must be received within 21 days from receipt of goods. 
  • All returns MUST be unworn/un-used and in it's original perfect condition.
  • All retured good must be in original undamaged presentation packaging, including ribbon, together with proof of purchase.
  • You must obtain proof of postage.  Customers take full responsibility if items go missing in transit.
  • Refund payments are minus delivery charges.
  • The purchaser is responsible for any delivery costs for return postage, unless agreed in writting by Melinda Mulcahy.

If you have chosen an exchange and you have agreed the exchange goods, your new item will be delivered to you within 14 days of receipt of the returned goods, conditional upon stock availability.

Please note the exemptions and exceptions to the standard returns procedure within the Terms & Conditions, where damaged items are regrettably non-refundable/non-returnable.

Damaged items:

If your jewellery has broken, we offer a reasonable repair service charge + postage, on request and is charged based on the amount of work involved.

Pearl earrings ~ natural materials, with particular reference to pearls, are extremely difficult to match!  You will need to send a photo and upon confirmation, send the other earring to see if it can be paired.

Returning goods?

Please make sure you send any returns via Royal Mail using the orange ‘Signed For’ service and retain your proof of postage including tracking number for your own peace of mind. We cannot be held responsible for postal losses.

Returns Department, Melinda Mulcahy, Rear Ground Studio, 27 High Street, Cowbridge, Vale of Glamorgan CF71 7AE

Upon receipt of such items we will action a refund via your selected purchasing gateway, either Paypal or Nochex, crediting the card used for your purchase with the cost of the goods minus any delivery charges (exceptions may apply)..  Your selected gateway will then inform you that the refund has been made.  Depending on the credit card/debit card used for the transaction the refund may take between 1-7 working days.

Acceptance of terms

These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the MelindaMulcahy.com website (the “Site”) or our mobile application service (the “App”) (together the "Service"), whether as a guest or registered user ("Customer Terms").

We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time without notification. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

1. About us

The Services are operated by Melinda Mulcahy ("we", "The Seller").  The registered address at Rear Ground Studio, 27 High Street, Cowbridge, Vale of Glamorgan CF71 7AE.  We are not VAT registered.

2. Accessing our Service

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

3. Use of the App

(a) We grant you the right to use the App only for your personal use on an iOS product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair our Site or Service in any way or interfere with any party’s use or enjoyment of our Site or Service.

(b) Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.

(c) In using the App through an iOS product, you confirm that you have agreed to the applicable Apple Terms and Conditions relating to such use.

If you breach any of these Customer Terms, your right to use the Site and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.

4. Intellectual property rights

We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Service.

You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us.

We respect the intellectual property rights of others and we ask customers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.

5. Description of melindamulcahy.com's service

Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and Melinda Mulcahy and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.

6. Disclaimer of Warranties and limitation of liability

(a )To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

(b) The Site and App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(c) You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.

(d) Neither we nor our licensors are liable to you or any user for any use or misuse of the App. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).

(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

7. How contracts are formed between you and Sellers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

8. Payment methods

Purchases for goods and/or services you make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.

9. Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

10. Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen, we shall provide them and details of postage and packing. The delivery costs for each item vary according to the delivery methods they offer. Any delivery times quoted are in working days.

11. Import regulations and duty

If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12. Returns

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Seller directly using the order enquiry facility on the Site or fill in the cancellation form available here in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.

13. Links

You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.

The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

14. Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

15. Viruses, hacking and other offences

You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

16. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17. Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

19. Force majeure

Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

20. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either NOTHS or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of NOTHS when acting as commercial agent of any Seller.

21. Law and jurisdiction

Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

22. Feedback

General comments about the Site are welcome, please contact us at www.melindamulcahy/contact. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.

23. Other applicable terms and conditions

Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.

gift vouchers: special terms and conditions

When purchasing a gift voucher or using a gift voucher to make a purchase on melindamulcahy.com, you agree to be bound by the Terms and Conditions for Shoppers above and also to be bound by the special conditions relating to gift vouchers below.

how to purchase and redeem gift vouchers

1. When purchasing a gift voucher from melindamulcahy.com, the purchaser must choose a gift voucher type, amount and design.

2. Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared.

3. Printable gift vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the gift voucher has been cleared.

4. It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by a customer (such as, a mis-typed email address).

5. Our standard payment methods apply for the purchase of gift vouchers. Gift vouchers are only available for purchase in pounds sterling.

6. When redeeming gift vouchers the unique gift voucher code stated on the gift voucher will need to be entered at the checkout.

7. If the goods purchased total less than the value of the gift voucher, any gift voucher balance will be held against your account on melindamulcahy.com under 'my funds'.

8. If the goods purchased exceed the amount of the gift voucher, the balance must be paid by credit or debit card when the gift voucher is redeemed.

9. Please note that the value of the gift voucher and any top-up-payment will be debited before the applicable seller will have accepted your offer to purchase a product. As a consequence, if the seller(s) does not accept your offer to purchase a product using a gift voucher, we will transfer the amount of the gift voucher used to your 'my funds' within your account and any top up payment made in anticipation of such purchase to your account on melindamulcahy.com and credit or debit card respectively.

10. Our standard terms and conditions shall apply regarding the purchase of goods made using a gift voucher.

gift voucher terms and conditions

11. By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

12. The terms and conditions on the Site shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these gift voucher terms and conditions.

13. MelindaMulcahy.com gift vouchers can be redeemed only on melindamulcahy.com towards the purchase of items currently featured on our Site including p&p (subject to availability).

14. Gift vouchers are an arrangement between you and us or the gift voucher holder and not the sellers using melindamulcahy.com. Gift vouchers cannot be redeemed anywhere else.

15. Gift vouchers cannot be used to purchase other gift vouchers.

16. The maximum value of gift vouchers that can be purchased in any one order is £100.

17. One or more gift vouchers can be redeemed against a single order.

18. We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.

19. We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.

20. A gift voucher may be cancelled and refunded to the purchaser, provided that the purchaser cancels such gift voucher within seven (7) working days of purchase of the gift voucher. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.

21. Gift vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.

23. These gift vouchers are provided and operated by Melinda Mulcahy, at the registered address.

promotional codes

1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

2. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.

3. MelindaMulcahy.com promotional codes can only be used on this site and towards the purchase of items currently featured on this site excluding delivery charges.

4. Promotional codes are an arrangement between you and The Seller.  Promotional codes cannot be used anywhere else.

5. Promotional codes cannot be used in conjunction with the group gifting payment option, with any other offer on MelindaMulcahy.com in the same transaction, or for the purchase of gift vouchers.

6. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, eg, SUKVST1234567, and should be entered on the payment page during checkout for the discount to apply.

7. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out these limits can be found in the communication you received with the code itself.

8. MelindaMulcahy.com reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. MelindaMulcahy.com may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.

9. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

10. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

11. These promotional codes are provided and operated by Melinda Mulcahy at the registered address of Rear Ground Studio, 27 High Street, Cowbridge, Vale of Glamorgan CF71 7AE.