Terms of service.

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, by signing, and/or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client” or “You”) agree to be provided with jewellery services by Erick Kraftsman (Jeweller), Founder of Erick Kraftsman Limited (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:

1. GENERAL TERMS.
1. Erick Kraftsman reserves the right to refuse or serve clients for any reason.
2. The Jeweller will provide Jewellery services for a custom design jewellery project (the jewellery project) for the Client.
3. Client agrees to pay Jeweller a non-refundable deposit of $300 to begin the design process. This deposit will be applied towards the full price of the Jewellery.
4. The Jeweller will provide initial designs along with a full price quote via email, text, verbally or via media. This quote will be valid for fourteen (14) days as metal prices may vary. The Client will have the opportunity to offer feedback
during the initial consultation and the Jeweller may provide up to two (2) revisions.
5. Within fourteen (14) days Client will approve of the final design, time of delivery, and payment schedule in writing via email or via social media.
6. Should the client decline to proceed with the jewellery, for the avoidance doubt the non-refundable deposit shall be retained
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without
express written permission by us.

2. PAYMENT TERMS AND DELIVERY.
1. Once the final quote has been accepted, sixty percent (60%) of remaining payment will be due as the first instalment. Sales and other taxes may be included.
2. Client acknowledges that rush fees may be applied under certain circumstances.
3. Client agrees to make all payments according to the payment schedule as outlined via email or otherwise in writing.
Even if the process is delayed due to non-communication or lack of Client feedback, Client agrees to make all payments on time.
4. Final payment is due no more than four (4) weeks after the first instalment has been made. If final payment is not made on time, the Jeweler reserves the right to stop work on the Jewelry and it will not be completed or delivered until payment is made in full.
5. Once the project is complete, the client will be notified. In the event of the client not being able to make the final payment over the agreed period, we reserve the right to include a 20% debt reclamation surcharge after every on the total amount of the project and will be added to your balance. We will allow a 7 day grace period before the penalty is charged.
6. Failure to fulfill the final payment after three (3) weeks (including the grace period) of the project being completed will result in the client losing the piece altogether.
7. Client acknowledges in that are no refunds on custom orders once it’s processed. In rare scenarios, the client may be eligible for partial refund.

3. CUSTOM DESIGN & CLIENT PROVIDED MATERIAL.
1. It is the Client’s responsibility to provide proper sizing. The Jeweller may send a sizing kit on request.
2. If Jeweller requires Client feedback on design and Client is delayed in providing said feedback, the Jeweller reserves the right to revise delivery schedule.
3. Client provided gemstones and precious metal may be accepted at Jeweller’s discretion. If You would like to use a pre-owned or already purchased stone, the Jeweler will approve on a case-by-case basis and this will be determined during the design process.
4. Should Client mail in (at Client’s cost and complete liability for any loss or damage through shipping) or hand deliver a gemstone or a piece of jewellery containing a gemstone to be used, the Client acknowledges that there is
reasonable risk involved in removing stones from mountings and resetting stones. The Jeweller will assess any risk regarding Your stone and advise You on any foreseeable issues before moving forward with stone resetting.
5. By providing consent for the Jeweller to reset a pre-existing gemstone or refine any metal, the Client releases the Jeweler from any claims of damage or liability that may be incurred throughout the process, including damage by third-parties, and holds harmless the Jeweller against any stone damage due to stone flaws or existing stone cracks, chipping, flaws, or inclusions that may be discovered.
6. Should the Parties agree that the Jeweler will refine gold or other metal pieces, the Client acknowledges that no cash value will be given to the Client and any value of said metals must be used towards other products or services provided by the Jeweller.

1. REPAIRS + WARRANTY. Clients who purchase Jewellery from the Jeweler will receive complementary repair work for any damages on your purchased items for six months, so long as the damage did not result from unusual or extreme wear or use (including but not limited to loss in drain disposal, catching on something, hit on something, lost at sea, run over by car, etc.
and other acts of nature or other tools of man), and in accordance with this Agreement. The Jeweler shall have the sole discretion to determine the extent of the damage on the Jewelry and may impose additional fees, as appropriate. Please note that this warranty does not cover loss or theft of Jewelry, in part or in its entirety, and does not entitle Client to any replacements of center stones, regardless of how the center stones were lost, misplaced, or damaged. This warranty also does not extend if your Jewelry has been re-sized or altered in any way by a third party without the express, written authorisation of the Jeweller. Please note that no other warranties, written or oral, will be provided under these Terms.
2. APPRAISALS AND INSURANCE. The Jeweller will provide a complimentary appraisal of the Jewelry. The Client acknowledges and understands that insurance for the Jewellery is their responsibility and should be obtained as soon as possible to insure against theft, loss, or damage.
3. INTELLECTUAL PROPERTY RIGHTS. In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Jeweller maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewellery. The Jeweller reserves the right to take photographs of the design and final product and Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication, unless this permission is revoked by the Client, at a fee.
4. DISCLAIMERS & RELEASE OF CLAIMS. By purchasing or otherwise utilising the Jewelry, the Client acknowledges that the Jeweler is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any Jewelry purchased. Due to the nature of jewellery design, the Jeweler cannot guarantee that the appearance of the Jewelry will be exactly as imagined or shown through designs. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects. In no event will the Jeweler or the Company be liable to any party for any type
of direct, indirect, special, incidental, or consequential damages. You hereby release the Jeweler and the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
5. FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, country travel advisories, a pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to
perform due to such occurrence.
6. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
7. LIMITATION OF LIABILITY.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELLERY. ADDITIONALLY, ERICK KRAFTSMAN JEWELLERY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE,
ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ERICK KRAFTSMAN JEWELLERY. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ERICK KRAFTSMAN JEWELLERY CUMULATIVE LIABILITY TO YOU EXCEED $100.
8. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith/amicable negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to a court of competent jurisdiction within the Republic of Ghana.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ghana of the conflict of laws principles thereof.
10. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.