The site is owned by Black & Aya LTD, a private limited liability company incorporated in United Kingdom, with registered office at 55 Eglinton Drive, Chelmsford Essex CM2 6YL, United Kingdom (hereinafter referred to as “Berry Red London”, “Company”, “we”, “us”, or “our”).

These Terms & Conditions regulate the use of the online store berryredlondon.com, including the purchase of any available products. Through this Site, Berry Red London sells exclusively to consumers. If we conclude that a certain order is not placed by a consumer or, in general, if an order is deemed to be fraudulent or presumed as such, we will consider it null and void.

By visiting our Site, completing a purchase or engaging in any other available activity, you agree to comply with these Terms & Conditions, which constitute an agreement between the person accepting these Terms & Conditions (hereinafter “Customer", “you” or “your”) and Berry Red London. The acceptance of these Terms and Conditions entails that the purchase of any products on our Site is not directly related to any professional activity and is limited to strictly personal use.

The Customer, before placing an order, declares to have legal capacity that allows him to fully comply with the commitments arising from the conclusion of the agreement, namely payment. Berry Red London shall not be held liable for any purchases placed by a person without full legal capacity. If an order is placed by a person without legal capacity, the legal representatives shall be responsible for such order and all related obligations.

Berry Red London may, at its own discretion and convenience, at any time and without prior notice, suspend the Site, in particular to ensure its repair and maintenance, or close it completely.

All copyright, trademarks and other intellectual or industrial property rights inherent to the jewelry, products, texts, images and other content in general, shared on our Site, are owned by Berry Red London or are being used by us with the permission of the respective owner.

Access, viewing or downloading of Site content must respect the intellectual property rights that protect such content. In particular, it is prohibited to extract, use, reproduce or disseminate the content of the Site for commercial purposes and to alter or incorporate it into any article, publication or other Site.

Nothing on this Site can be interpreted as granting any license, authorization or right to use any intellectual property right mentioned. Incorrect or abusive use or use of the brand or any other content of this Site is expressly prohibited, except as provided in these Terms and Conditions.

Berry Red London collects and processes personal data from the Site’s visitors and customers strictly in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data – General Data Protection Regulation (GDPR).

You can learn about how we collect, process and use your personal data in our “Privacy Policy”, which may be accessed on https://berryredlondon.com/privacy-policy.

Berry Red London may transfer and share your personal information to other entities of our group and to third parties that may be located in other countries, ensuring all necessary safeguards to keep your data safe and strictly in compliance with the GDPR.

You can also visit our “Cookie Policy” (available here) to find out about how we use cookies in our Site.

Each Customer is personally responsible for configuring the computer and telecommunications resources that allow access to the Site and having the necessary knowledge to use the internet and access our Site, as well as for covering connection and equipment costs for Internet access and use of the Site.

Berry Red London shall not be held responsible for any damage any Customer may suffer as a result of use of the Site. In addition, Berry Red London declines any responsibility for any indirect damages, regardless of their cause, origin, nature or consequences, including costs that may result from the acquisition of items offered on the Site, loss of profits, clients, data or other loss of intangible assets that may result from anyone's access to our Site or the impossibility of accessing it, or from the reliability attributed to any information that results directly or indirectly from it.

Our Site may display links to other websites or applications that are not under the control of Berry Red London and for which Berry Red London is not responsible. Berry Red London does not have control over and assumes no responsibility for the content, privacy policies or practices of any third party websites or services. In particular, Berry Red London does not guarantee the reliability of the contents of these links nor is it responsible for changes to them. 

You further acknowledge and agree that Berry Red London shall not be responsible or liable, directly or indirectly, for any damage or loss alleged to be caused by or in connection with the use of any content, goods or services available on or through any such websites, apps or services.

The prices of products on our Site, indicated in euros, are the prices in force at the time the order is finalized by the Customer. Prices applicable to any products may be changed at any time by Berry Red London. This change will be communicated to the Customer before placing any order. Prices are applicable for any purchase conducted on our Site.

These prices displayed do not include shipping fees, which are added to the price of the products purchased. Shipping rates are indicated before the Customer confirms and finishes the order.

Prices include value added tax (VAT) in force on the date of the order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold on this Site.

Customers may join Berry Red London’s Loyalty Rewards Program, by registering in our Site, in the ‘Create an Account’ section. In order to complete the registration, Customer must provide their name and email and create a password. Joining the Loyalty Rewards Program is free. By joining the Loyalty Rewards Program, the Customer must consent to receive promotional, advertising, and other emails from Berry Red London.

The creation of a Berry Red London Account streamlines the procedure for placing orders and completing a purchase.

By registering in our Site, Customer warrants that all information is correct and updated. By creating an account, the Customer expressly accepts these Terms & Conditions and our Privacy Policy.

Berry Red London reserves the right to suspend or eliminate a Customer’s account and its associated benefits if abusive or fraudulent behavior is detected within the framework of the Account or on our Site.

If you have any questions or are facing any issues arising from our Loyalty Rewards Program, you may contact us at info@berryredlondon.com.

Customer may purchase any of the products available at our Site.

Before placing an order, the Customer is obliged to consider all the information available on our Site about the essential characteristics of the product or products they wish to purchase.

Berry Red London does not assure that the product package information is translated in every language. However, this information will be available at least in English.

1. Product Availability

Products displayed for sale on our Site will be available as long as they are displayed and up to the stock limits.

Berry Red London may change the variety of products offered for sale on the Site at any time, in accordance with specific limitations related to its suppliers, without prejudice to the orders already placed by the Customer.

If the product ordered by the Customer is no longer available, Berry Red London will immediately inform such Customer and refund the price of the product to the payment method used by the Customer during the purchase, within 10 days of the knowledge of unavailability of the product.

2. Placing an Order

Any order placed by the Customer implies the acceptance of these Terms & Conditions and of the Privacy Policy.

Before concluding the order and proceeding to payment, Customers have the chance to verify the details of the order, change them accordingly and correct any mistakes.

The distance agreement is considered concluded when the Customer confirms the order and validates payment. After confirming the order and validating the payment, Customer may no longer cancel the order.

Berry Red London will send to the email indicated by the Customer the confirmation of the order, as well as a copy of these Terms & Conditions. Berry Red London shall not be held liable for unreceived confirmation emails in case of errors in the email provided by the Customer.

Berry Red London reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in case of lack of or partial payment of any amount owed by the Customer, in case of payment incidents or in the event of fraud or attempted fraud in connection with the use of our Site, including in relation to previous orders.

3. Payment

The Customer may pay the order with the following payment methods:

a) Credit card;
b) Debit card;
c) Klarna;
d) Apple Pay;
e) Google Pay;
f) Shop Pay;
g) PayPal.

Customer guarantees that he has the necessary authorizations to use the chosen payment method when confirming the order.

All bank card payments are subject to validation and authorization checks by the card issuer. If the bank card issuer denies, or for any reason does not authorize the payment, Berry Red London will not be responsible for any delay or non-delivery of any orders.

4. Shipping and Delivery

Berry Red London offers a variety of shipping methods and rates, from which the Customer may choose. The availability of shipping methods may be changed at any time by Berry Red London.

Currently, the Customer may choose the following shipping methods:

Method
Delivery Time
Costs

The shipping price is calculated at check-out, depending on each order and the address indicated by the Customer.

The products ordered will be delivered to the address indicated by the Customer during the order placement.

5. Damages and Anomalies

The Customer or the person authorized to receive the order shall verify the order and the products upon its receipt. In case the Customer or the person authorized to receive the order detects the existence of any damage or anomaly in the package or in the product, or the absence of any product ordered, he must refuse the delivery and promptly contact Berry Red London’s Customer Service (contact details below).

If the damage or anomaly is detected only after the conclusion of the delivery, the Customer or the person authorized to receive the order must promptly contact Berry Red London’s Customer Service.

Any damage or anomaly must be reported to Customer Service until 5 working days after the receipt. Customer Service will conduct a thorough analysis of the issue reported. In the event that Customer Service concludes that the damage or anomaly was Berry Red London’s or the carrier’s fault, Berry Red London will replace the defective/damaged items by sending a new shipment OR refund the amount spent on the items with anomalies, according to the customer’s best intents.

6. Delivery Times and Delays

The above mentioned delivery times are merely indicative and may alter during promotional campaigns, sales, or other. If the delivery times are not met, Customer may contact Customer Service. Customer is not entitled to a refund or a discount merely due to delays in delivery.

Notwithstanding the foregoing, Berry Red London will ship the order at most 30 days after the conclusion of the agreement in accordance with paragraph 9.2. If Berry Red London is unable to deliver the order within this timeframe, due to unavailability of the products, we will inform the Customer of such and fully reimburse you within 30 days of such unavailability.

The Customer may request a return within 14 days of the receipt of the order by the Customer or an authorized person. Please refer to our Returns and exchange policy on our website.

This right is excluded for products not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery. All products unsuitable for return are clearly signaled and, in case your order contemplates one of these products, Berry Red London will inform you before the conclusion of the agreement.

Personalized products are not suitable for return as well.

• How to Request a Return

To request a return, Customer must enter the Berry Red London’s returns portal (available on the website) so Berry Red London acknowledges the return request and provides a return label, if the service available on the customer’s country.

Berry Red London may not be able to provide return labels for the customer’s location - in that event, the customer must still register the return on the merchant’s returns platform and ship the item back (at his/her own expense) to the provided returns address (return address is provided to the customer when requesting a return on Berry Red London’s return platform).

Products must be in their original condition in order for Berry Red London to accept the return. If the return is accepted, customer will be reimbursed of all payments made within 14 days, with exception of the delivery costs, described in paragraph 9.4. Refunds will be made through the same payment method used in the purchase.

Products must be returned in conditions suitable for resale, that is, products must be in good condition accompanied by their original packaging, accessories, manuals and any other materials, at the latest within 14 days from the following day on the date of receipt of the order.

Returns of products sent after this date will not be accepted.

Please refer to our Returns and exchange policy on our website

Customers may write reviews for the products displayed on our Site. Writing a review implies the acceptance of these Terms & Conditions and of the Privacy Policy.

The system that allows Customers to publish reviews permits them to leave reviews, advice, tips, suggestions, information and recommendations regarding products sold by Berry Red London and assign them a rating that can vary between one and five stars.

Berry Red London will eliminate any review that we conclude was published in breach of these Terms & Conditions.

All reviews are divided into divisions: Score, Title, Review, Recommended, Fitting, and ‘Did your order arrive within the time mentioned?, Customers may also add a photo of the product when submitting a review.

The writing and publishing of reviews cannot be used as a means of disseminating content that violates morality, public order, the rights of third parties or applicable legislation and regulations, namely:

· Statements or messages of a libelous, abusive, obscene, racist, offensive nature or that, in any way, refer to illegal activities;
· Any abuse of freedom of expression, such as comments that include systematic and non-objective criticism, as well as comments of a derogatory or malicious nature;
· Content of a violent or pornographic nature, or that may jeopardize respect for the human person or their dignity, equality between women and men, or the protection of children and teenagers;
· Statements or messages that incite crimes or offenses, violence, discrimination or racial hatred;
· Unauthorized use of a name, email address or company name;
· The total or partial reproduction of content protected by intellectual property rights and over which the Customer does not have the necessary rights, as well as messages that constitute an infringement of a registered trademark.

Customers must not use the system for advertising, prospecting, canvassing or proselytizing purposes, for professional, commercial, or political purposes, including advertising messages, spam content or references to other products, commercial offers, brands, or websites.

Reviews must not comprise:
· Any information prone to identify the Customer or a third party, including emails, URLs, telephone numbers and addresses;
· Comments criticizing other reviews published on the Site or their authors;
· Comments regarding another product or problems that occurred when ordering;
· Comments that encourage the purchase of products from a competitor of Berry Red London.

Customers are fully responsible for the content written on their respective reviews.

Upon completion of the review, Berry Red London will send a communication to the email provided to verify if the person wrote the review.

Berry Red London reserves the right not to publish or to eliminate any review that contends with these Terms & Conditions. In this situation, the Customer will be notified by email.

For any additional information or if you need assistance, you may reach Berry Red London through the following contacts: cs@berryredlondon.com

Berry Red London warrants that all products available on the Site comply with applicable legislation and correspond to the advertised characteristics.

Customer may return any products delivered with defects or non-conformity free of charge. In case of defects and upon return, Berry Red London will analyze the product and the customer will be entitled to the substitution of the product or a refund.

Our guarantee does not cover misuse of products or any modifications and reparations undertaken by the Customer or any third party.

Berry Red London is not liable for failure to comply with the obligations set forth herein if the failure to comply is due to any act of any third party, even if foreseeable, results from any fault of the Customer, or from a force majeure event, or any other event that is not reasonably within the control of Berry Red London.

Berry Red London assumes no responsibility for any failure or non-conformity of its services caused by circumstances beyond its control. These circumstances may include, but are not limited to, failures in the functioning of the Site resulting from the law, acts of the State or public authorities, acts of war, terrorism, strikes, physical blockades and natural disasters.

The information available on our Site is provided “as is” without any type of warranty, express or implied, particularly in relation to the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services contained on our Site or its suitability for the use that the Customer intends to make.

Berry Red London rejects any responsibility for any direct, indirect and/or accidental damages resulting from the Customer's use or inability to use the content and services contained on our Site.

These Terms and Conditions are governed by the Laws of the United Kingdom.

Customers residing in the European Union may use the Online Dispute Resolution system, available at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

If one or more provisions of these Terms & Conditions are annulled or declared void as such by application of any law, regulation or as a result of a final decision of a competent court, the remaining provisions will remain in full force and effect.

These Terms and Conditions may be updated at any time. Therefore, Berry Red London recommends that you visit this document regularly. Visiting our Site or completing a purchase are subject to the Terms and Conditions in force at that moment.

Whenever there is a change to these Terms and Conditions, Berry Red London will publish it on this page. Furthermore, if the changes can impact the relationship between Berry Red London and its Customers, we will publish a more detailed notice and/or notify you by email, if you have registered on our Site.