PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY THE GUILD OF JEWELLERY DESIGNERS LTD. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE COLLECTIVE WEBSITES SITES, www.guildofjewellerydesigners.co.uk, www.jewellerydesignersuk.co.uk, www.gojdsp.uk, www.waxsealstamps.co.uk and www.odissa.co.uk (THE “SITE”) AND ALL SERVICES PROVIDED BY THE GUILD OF JEWELLERY DESIGNERS LTD ON THE SITES.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Content Copyright
Copyright on articles and information posted on this site are the ownership of The Guild of Jewellery Designers and the individual authors and, as such, the content is provided on the understanding that by using our service, under no circumstances will The Guild of Jewellery Designers be liable in any way for any loss or damage of any kind arising as a result of the use of our content which is provided ‘as is’ and without guarantee or prejudice.
We endeavour to ensure that all information displayed on this site is accurate, however, material supplied by third parties may be inaccurate and, as such, care should be taken to verify the information provided before acting upon it.
By submitting articles, videos or images to this website, you accept that The Guild of Jewellery Designers have the right to display the material and distribute it freely to members of the public, other article submission sites and in our offline marketing plan.
Information contained on this website does not necessarily reflect the views and opinions of The Guild of Jewellery Designers or any of its brands.
This website is regularly scanned for viruses or malicious code, however, it is in your best interests to check all material downloaded from here using your own anti-virus measures. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by malicious code or computer viruses originating or contracted from this website.
2. Registration
Registration is required to access the member areas of The Guild of Jewellery Designers websites. Where you provide information about yourself, you agree to provide accurate, current and true details as requested by the registration forms. Information provided is subject to our Privacy Policy. You also agree to keep confidential your unique username and password details and any codes generated for discount purposes by our supplier partners. We accept no liability for losses or damage arising from the misuse of your credentials.
3. Variation of these Terms and Conditions of Use
The Guild of Jewellery Designers reserves the right to vary these Terms & Conditions of Use at such times as we see fit. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you agree to accept the amendments.
4. General Terms
Nothing in these Terms & Conditions of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.
5. Odissa is a Marketplace Venue
Odissa acts as a marketplace venue to allow users who comply with The Guild of Jewellery Designers Ltd’s policies to offer, sell and buy goods within a fixed-price format. The Guild of Jewellery Designers Ltd is not directly involved in the business dealings between sellers and buyers. As a result, The Guild of Jewellery Designers Ltd has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Guild of Jewellery Designers Ltd does not fully pre-examine users or the content or information provided by users. The Guild of Jewellery Designers Ltd cannot ensure that a buyer or seller will actually complete a business dealing.
Consequently, The Guild of Jewellery Designers Ltd does not hold legal ownership or transfer legal ownership of items from the seller to the buyer.
The Guild of Jewellery Designers Ltd cannot guarantee the true identity, age, and nationality of a user and encourages you to exchange information directly with potential buyers through the tools available on the Site.
You agree that Odissa is a marketplace venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Odissa. You use the Odissa service provided by The Guild of Jewellery Designers Ltd at your own risk.
6. Membership Eligibility
Age: The Guild of Jewellery Designers Ltd services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate. The Guild of Jewellery Designers Ltd may, in its sole discretion, refuse to offer access to or use of the Site to any person and change its eligibility acceptability at any time. This provision is nullified where prohibited by law and the right to access the Site is cancelled in such jurisdictions.
Individuals under the age of 18 must at all times use The Guild of Jewellery Designers Ltd’s services only in combination with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
7. Adherance
You agree to adhere to all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by The Guild of Jewellery Designers Ltd’s policies as stated in the Agreement and the The Guild of Jewellery Designers Ltd policy documents (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by The Guild of Jewellery Designers Ltd, each of which is incorporated herein by reference and each of which may be updated by The Guild of Jewellery Designers Ltd from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions made known by The Guild of Jewellery Designers Ltd from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
8. Password:
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify The Guild of Jewellery Designers Ltd of any unauthorized use of your password or any breach of security. You also agree that The Guild of Jewellery Designers Ltd cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than The Guild of Jewellery Designers Ltd without The Guild of Jewellery Designers Ltd’s express written permission.
9. Account Information:
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on The Guild of Jewellery Designers Ltd you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Odissa account and User ID to other parties. If you are registering as a business, you personally pledge that you have the control to tie the business to this Agreement.
10. Right to Refuse Service:
The Guild of Jewellery Designers Ltd’s services are not available to temporarily or indefinitely suspended Guild of Jewellery Designers Ltd/Odissa members. The Guild of Jewellery Designers Ltd reserves the right, in The Guild of Jewellery Designers Ltd’s sole discretion, to cancel unconfirmed or inactive accounts. The Guild of Jewellery Designers Ltd reserves the right to refuse service to anyone, for any reason, at any time.
11. Fees and Services
Joining and setting up a shop on Odissa is a subscription and commission service and a benefit of Guild of Jewellery Designers Ltd membership. The Guild of Jewellery Designers Ltd charges commission on sales at the applicable rate. The Guild of Jewellery Designers Ltd’s fees policy is subject to change. Changes to the Fees Policy and the fees for The Guild of Jewellery Designers Ltd’s services are effective after The Guild of Jewellery Designers Ltd provides you with at least fourteen (14) days’ notice by posting the changes on the Site. The Guild of Jewellery Designers Ltd may, at The Guild of Jewellery Designers Ltd’s sole discretion, change some or all of The Guild of Jewellery Designers Ltd’s services at any time. In the event The Guild of Jewellery Designers Ltd introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in GB Pound Sterling (GBP).
In certain situations, including but not limited to a void or invalid transaction, The Guild of Jewellery Designers Ltd may issue a credit for the applicable fees to a seller’s billing statement.
You are responsible for paying all fees and applicable taxes associated with using The Guild of Jewellery Designers Ltd services. The Guild of Jewellery Designers Ltd keeps payment information on file. At the beginning of the month, each seller may be emailed an invoice detailing the amount due on their subscription. A seller must pay the amount due in full on issue of the invoice by maintaining the existing payment method.
12. Fees and Termination:
If The Guild of Jewellery Designers Ltd terminates a listing or your account, if you close your account, or if the payment of your Guild of Jewellery Designers Ltd fees cannot be completed for any reason, you remain obligated to pay The Guild of Jewellery Designers Ltd for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact The Guild of Jewellery Designers Ltd.
13. Listing and Selling on Odissa
Listing Description:
By listing an item on the Site you warrant that you and all aspects of the item comply with The Guild of Jewellery Designers Ltd’s published policies and UK distance selling regulations. You also confirm that you may legally sell the goods. You must accurately describe your goods and all terms of sale in your The Guild of Jewellery Designers Ltd/Odissa shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All goods must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
14. Odissa Vendors Terms and Conditions:
All vendors are urged to outline terms and conditions for their Odissa shop. These conditions may include, for example, shipping, returns, payment and selling criteria. Sellers must create reasonable conditions in good faith and must abide by such conditions. All shop conditions must comply with Odissa’s site-wide conditions. Sellers are responsible for enforcing their own reasonable shop conditions. The Guild of Jewellery Designers Ltd reserves the right to request that a seller modify a shop policy.
15. Binding Sale:
All Odissa vendor sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a timely manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment failure), or (b) the seller cannot confirm the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
16. Eluding Odissa Fees:
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding The Guild of Jewellery Designers Ltd transaction fees, misrepresent the item’s location, or use another user’s account without permission.
17. Restricted, Uncertain and Infringing Items and Activities
You are solely responsible for your conduct and activities on The Guild of Jewellery Designers websites and regarding to Odissa and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on the site.
18. Restricted Activities: Your Content and your use of the site shall not:
Be false, inaccurate or misleading
Modify, adapt or hack the site or modify another website so as to falsely imply that it is associated with Odissa or The Guild of Jewellery Designers Ltd.
Be deceptive or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The Guild of Jewellery Designers Ltd staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Contain items that have been identified by the UK Trading Standards Institute, the EU General Product Safety Directive (GPSD) and the US Consumer Products Safety Commission CPSC as hazardous to consumers and therefore subject to a recall.
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Appear to create liability for The Guild of Jewellery Designers Ltd or cause The Guild of Jewellery Designers Ltd to lose (in whole or in part) the services of The Guild of Jewellery Designers Ltd’s ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the privacy policy, The Do’s and Don’ts of The Guild of Jewellery Designers Ltd, or other policy documents as posted on the site.
Furthermore, you may not list any item on Odissa that, by paying to The Guild of Jewellery Designers Ltd the listing fee or the final value fee, could cause The Guild of Jewellery Designers Ltd to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
19. Information Control
The Guild of Jewellery Designers Ltd does not control the Content provided by users that is made available on THE SITE. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using THE SITE, you agree to accept such risks and that The Guild of Jewellery Designers Ltd (and The Guild of Jewellery Designers Ltd’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on THE SITE. Please use caution, common sense, and practice safe buying and selling when using THE SITE.
Other Resources: The Guild of Jewellery Designers Ltd is not responsible for the availability of outside websites or resources linked to or referenced on THE SITE. The Guild of Jewellery Designers Ltd does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Guild of Jewellery Designers Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
20. Resolution of Disputes and Release
If a dispute arises between you and The Guild of Jewellery Designers, we strongly encourage you to first contact us directly to seek a resolution by going to the The Guild of Jewellery Designers Ltd Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Should you have a dispute with one or more users, or an outside party, you release The Guild of Jewellery Designers Ltd (and The Guild of Jewellery Designers Ltd’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Guild of Jewellery Designers Ltd encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
21. Breach
Without limiting any other remedies, The Guild of Jewellery Designers Ltd may, without notice, and without refunding any fees, delay or immediately remove Content, warn The Guild of Jewellery Designers Ltd’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
The Guild of Jewellery Designers Ltd suspects (by information, investigation, conviction, settlement, insurance or otherwise) a user has breached this Agreement, the Privacy Policy, The Do’s and Don’ts of THE SITE, or other policy documents and community guidelines incorporated herein; The Guild of Jewellery Designers Ltd is unable to verify or authenticate any of your personal information or Content; or The Guild of Jewellery Designers Ltd believes that a user is acting inconsistently with the letter or spirit of The Guild of Jewellery Designers Ltd’s policies, has engaged in improper or fraudulent activity in connection with The Guild of Jewellery Designers Ltd or the actions may cause legal liability or financial loss to The Guild of Jewellery Designers Ltd’s users or to The Guild of Jewellery Designers Ltd.
22. The Guild of Jewellery Designers Ltd’s Intellectual Property
The Guild of Jewellery Designers Ltd, and other The Guild of Jewellery Designers Ltd graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks. The Guild of Jewellery Designers Ltd’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
23. Privacy
Except as provided in The Guild of Jewellery Designers Ltd’s Privacy Policy The Guild of Jewellery Designers Ltd will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. The Guild of Jewellery Designers Ltd stores and processes Content on computers located in the United Kingdom that are protected by physical as well as technological security.
24. No Warranty
The Guild of Jewellery Designers Ltd, The Guild of Jewellery Designers Ltd’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND The Guild of Jewellery Designers Ltd’S SUPPLIERS PROVIDE The Guild of Jewellery Designers Ltd’s WEB SITES AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. The Guild of Jewellery Designers Ltd, The Guild of Jewellery Designers Ltd’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND The Guild of Jewellery Designers Ltd’s SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM The Guild of Jewellery Designers Ltd SHALL CREATE ANY WARRANTY.
25. Liability Limit
IN NO EVENT SHALL The Guild of Jewellery Designers Ltd, AND (AS APPLICABLE) The Guild of Jewellery Designers Ltd’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR The Guild of Jewellery Designers Ltd’s SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE ODISSA SITE, The Guild of Jewellery Designers Ltd’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The Guild of Jewellery Designers Ltd’s LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF The Guild of Jewellery Designers Ltd’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO The Guild of Jewellery Designers Ltd IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) £100.
26. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD The Guild of Jewellery Designers Ltd AND (AS APPLICABLE) , AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
No Guarantee
Access to the Site 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 the Site is unavailable at any time or for any period.The Guild of Jewellery Designers Ltd does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Guild of Jewellery Designers Ltd’s control.
27. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any The Guild of Jewellery Designers Ltd service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on The Guild of Jewellery Designers Ltd’s net income).
28. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
29. Partnership/Franchise
You and The Guild of Jewellery Designers Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
30. Odissa Service
The Guild of Jewellery Designers Ltd reserves the right to modify or terminate the Odissa service for any reason, without notice, at any time. The Guild of Jewellery Designers Ltd reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If The Guild of Jewellery Designers Ltd makes a material change The Guild of Jewellery Designers Ltd will notify you here, by email, by means of a notice on our home page, or other places The Guild of Jewellery Designers Ltd deems appropriate. What constitutes a “material change” will be determined at The Guild of Jewellery Designers Ltd’s sole discretion, in good faith, and using common sense and reasonable judgment.
31. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to THE GUILD OF JEWELLERY DESIGNERS LTD/Odissa; Attn: Legal Department; 44 HOCKLEY STREET, HOCKLEY, BIRMINGHAM B18 6BH (in the case of The Guild of Jewellery Designers Ltd) or, in your case, to the email address you provide to Odissa(either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, The Guild of Jewellery Designers Ltd may give you notice by mail to the address provided to The Guild of Jewellery Designers Ltd. In such case, notice shall be deemed given five days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in The Guild of Jewellery Designers Ltd’s Copyright and Intellectual Property Policy.
32. SUPPLY OF COPYRIGHT SERVICE
The Guild of Jewellery Designers Ltd liability to Customer arising from defective products or services is limited (save in respect of death or personal injury) to the amount payable by Customer to The Guild of Jewellery Designers Ltd under this Customer Agreement.
The Guild of Jewellery Designers Ltd will always endeavour to supply full service but does not accept liability for The Guild of Jewellery Designers Ltd’s failure to supply services caused by any external influences including acts of God, fire, governmental acts, breaks in continuity of electricity supply or telecom link, accident or any other cause beyond The Guild of Jewellery Designers Ltd’s control.
The Guild of Jewellery Designers Ltd does not accept liability to the Customer for direct or consequential economic loss (including loss of profit or business).
33. CONFIDENTIALITY
The Guild of Jewellery Designers Ltd acknowledges that by reason of its relationship with the Customer, it may have access to certain information and materials relating to the Customer’s business, products, services, customers and marketing strategies that is confidential and of substantial value to the Customer, which value would be impaired if such information were disclosed to third parties.
The Guild of Jewellery Designers Ltd undertakes not to use in any way for its own account nor for the account of any third party, nor disclose to any third party such information or materials revealed to it by the Customer. No information provided by way of transcription will be stored on computers and deleted upon instruction in writing from the Customer.
34. Who we are.
The Site is operated by The Guild of Jewellery Designers Limited (trading as The Guild of Jewellery Designers Ltd) (“we”). We are registered in England and Wales under company number 07258309 and with our registered offices at 44 Hockley Street, Hockley, Birmingham B18 6BH – UK
