SALES TERMS AND CONDITIONS

Terms & Conditions of Sales

OVERVIEW

These terms are the Terms and Conditions of buying from Gualberto Couture™. Please note that this is our Sales’ Terms and Conditions. You can find the long form of our Sales’ Terms and Conditions by clicking here.

Welcome to Gualberto Couture! The terms “we”, “us” and “our” refer to Gualberto Couture. Gualberto Couture operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Gualberto Couture is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

These are the legal Terms and Conditions (“Terms”) on which we sell our gem products, bespoke pieces, high fashion jewellery, jewellery, and/or hair accessories, art pieces specially designed and curated (“Products”) to you and will apply to any contract between us for the sale of Products to you (“Contract”). Please read the Terms in force when you place your order carefully and make sure that you understand them before you submit any order for Products.

We offer Products for sale for purchase by consumer customers only. If you are a business or trade customer and wish to purchase any Products, please contact us at support@gualberto.co.uk or on 07704939627 (telephone charges may apply) before placing any order.

These Terms, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order.

1. General Terms & Scope

• Policy Applicability: This policy applies to all sales of products through Gualberto Couture’s official online store and any related sales channels. By purchasing from Gualberto Couture, you agree to the terms outlined here, which comply with UK, EU, and Shopify regulations. Our commitment is to deliver quality products and transparent customer service. If you're unsatisfied with your purchase, this document explains your rights and the processes for returns, refunds, and cancellations. These Terms also govern the sale of gem products, bespoke pieces, high fashion jewellery, and hair accessories (Products) by Gualberto Couture™.
• Customer Type: Products are offered exclusively to consumer customers. Businesses or trade customers must contact Gualberto Couture™ directly before placing an order.
• Language: All Terms and Contracts are in English.
• Document Retention: Gualberto Couture™ may not necessarily keep a copy of these Terms or your order.
• Official Platforms: Customers are responsible for ensuring they access the correct and official Gualberto Couture™ platforms (website and social media). The company isn't liable for issues arising from the use of unofficial or fraudulent sites/accounts and reserves the right to refuse service if engaged with such platforms.
• Website Security: While efforts are made to keep the website virus-free, Gualberto Couture™ can't guarantee this will prevent damage to your computer and isn't liable for such damage, except in cases of negligence. Customers are responsible for having appropriate equipment.

1 Information about us

1.1   We operate the website at www.gualberto.co.uk and Tiktok (“our site”). We are Gualberto Couture™, we have several social media accounts such as: Facebook, Indeed, Instagram, Pinterest, Snapchat, Tiktok, X, and Youtube.

1.2   It is the customer’s responsibility to ensure they are accessing the correct platform and/or official website of Gualberto Couture™. Gualberto Couture™ is not liable for any issues arising from the use of unofficial or fraudulent websites or social media accounts.  Gualberto Couture™ reserves the right to refuse service or take appropriate action should a customer engage with an incorrect or impersonated platform and/or website under the mistaken belief that it is affiliated with Gualberto Couture™.

1.3   We try to ensure that this website is free from viruses or defects. However, we cannot guarantee nor be held legally responsible that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer and/or mobile, and/or ipad and/or any equipment because of using this website.

2 Our Products

2.1 The images of the Products on our site and in our advertising materials (including brochures) are for illustrative purposes only, and the actual Products you receive may vary from those images. While we make every effort to display and reproduce the colours, finish, clarity, and size of the Products as accurately as possible, we cannot guarantee that your device’s display or the reproduction of these features in printed advertising materials will precisely reflect the colours, finish, clarity, or size of the Products delivered to you.

2.2 Some of our marketing and promotional materials may include visuals created or enhanced using Artificial Intelligence (AI) to better illustrate product use, highlight features, and offer clearer design perspectives. These AI-generated images are for inspiration and informational purposes only and are not intended to mislead or misrepresent the actual appearance or quality of our handcrafted products. Gualberto Couture™ remains committed to transparency and responsible AI use in all communications, products, and services.

2.3 Colour, Size, Shape, and Form

All colour, sizes, shapes, and forms of gemstones and products are approximate and may vary slightly due to the handcrafted nature of our items. These variations are not intended to mislead or misrepresent the actual appearance or quality of the products but rather reflect the uniqueness of each piece. 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 and/or your mobile phone screen's display of any colour will be accurate.

2.4 Dyed, Heated, or Treated Products

Some gemstones or materials may be dyed, heated, or treated—processes that are standard and commonly accepted in the industry—to enhance colour, clarity, or durability. This doesn’t diminish the authenticity or craftsmanship of the product.

2.5 Copyright and Trademarks

All rights, including copyrights and trademarks, in this website are owned by or licensed to Gualberto Couture™. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

3 How we use your personal information

3.1 We only use your personal information in accordance with our Privacy Policy and, if you use our site, our Cookies Policy both of which are set out on our site. Please take time to read these policies (as applicable), as they include important terms which apply to you.

4 Use of our site

4.1 If applicable, your use of our site is governed by our Terms of Website Use. Please take the time to read these before using our site, as they include important terms which apply to you. You are responsible for making all arrangements necessary for you to have access to our site.

5 Our Contract with you

5.1 We must receive payment of the whole of the price for the products and/or services that you order before your order can be accepted. We will take payment upon receipt of your order from your credit or debit card. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us.  Only at this point is a legally binding contract created between us. We may require you to provide proof of your identity and/or address in respect of your order (for example, to prevent against fraudulent activity). We may refuse to accept or fulfil an order where we reasonably suspect fraud or misuse, where the customer has breached our Terms and Conditions, where safety, legal or regulatory restrictions apply, where stock availability, pricing or technical errors occur, where payment or delivery issues arise, where the customer engages in abusive, threatening or offensive behaviour, or where the order involves bulk or excessive quantities beyond normal consumer use. We may contact you to verify your information and may contact the relevant authorities. We reserve the right to refuse any order and cancel any payment if any such identity checks are failed and/or we suspect fraudulent activity.

5.2 You may place orders for Products via the following methods:

(a) online through our site and/or Tiktok only; and

(b) in person at events we may hold from time to time

Note: Gualberto Couture™ currently doesn’t have a physical store.

5.3 All orders placed are subject to these Terms and Conditions.

5.4 We are not obliged to accept any order placed and may, at our discretion, decline to accept your order. If we decline to accept your order after you have already paid, we will refund you the full amount (including any delivery charges) as soon as reasonably possible.

5.5 We may need certain information from you so that we can supply the Products to you. If so, this will either be stated in the description of the Products on our site or in our advertising materials, on the order form or in our communications to you. We will not be responsible for supplying Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.6 Please check any communications received from us in respect of your order for accuracy and let us know immediately, using the contact details provided at clause 17.3, if there are any errors with the content of any of these communications.

Online orders

5.7 Before submitting an order through our site, you will be required to tick a box to indicate your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. By placing an order online and by pressing the button marked “Confirm Purchase and Pay”, you agree to, and will be required to, pay us the price of the Products and the delivery charges for such Products.

5.8 You may place an order for Products by following the shopping pages on our site. It is your responsibility to check that your order details are correct. Our order process allows you to check and amend any errors before clicking on “submit” your order to us. Once you have submitted the order, you won’t able to rectify the information.

5.9 To process your order, we require your e-mail address. Once your order is placed, you will receive an e-mail from us acknowledging receipt and confirming the order details. Please note that this acknowledgment does not constitute a binding contract. A contract for the supply of the products you ordered will only be formed once we confirm acceptance of your order in a separate e-mail.

5.10 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

5.11 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

5.12 All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.13 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.

Telephone and e-mail orders

5.14 You may contact us by telephone on 07704939627 (telephone charges may apply) or by e-mail at support@gualberto.co.uk to enquire about purchasing any of our Products.

5.15 Following each such enquiry, we may ask you for any further information that we require in respect of your order (e.g. details about your payment or information relating to the Product specification) and we will prepare an order confirmation setting out the details of your order. We will send this confirmation to you by e-mail.

5.16 We will require full payment before the order can be dispatched which will have to be done via our site or Tiktok.  Once this payment is received a Contract between us for the supply of the Products set out in the order form will be formed.

5.17 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. If 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.

Orders in person

5.18 We may from time to time offer our Products for sale, and you may place an order for our Products, at events held at a third party’s premises.

5.19 Payment must be made at the event.   Once we have received your payment, a Contract between us for the supply of the Products will be formed.  The product may be available to be collected at the event or dispatched to you following the event depending on availability of the product.

6 Delivery

6.1 We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.

As standard all Products are delivered by Second Class Royal Mail or by an alternative method decided by you on our website via the dynamic Royal Mail Delivery Calculator and may have to be signed for by you or an authorised person on your behalf.  The individual accepting delivery may also be required to provide proof of identification in order to receive the Products. It is your responsibility to check, or ensure the person you nominate to accept delivery has checked, that the parcel containing your Products has not been tampered with in any way before accepting delivery. We strongly advise you, or the person accepting delivery on your behalf, to carefully inspect the parcel for any signs of tampering or damage before accepting it. Should the parcel appear compromised, we recommend either refusing the delivery outright or ensuring the damage is clearly noted with the courier before signing for it. If, upon further inspection after acceptance, you discover any tampering, damage, or missing contents, please notify us immediately via email: support@gualberto.co.uk or phone: 07704939627 (telephone charges may apply) and provide photographs of both the parcel and its contents. We will then promptly guide you through the necessary steps to resolve the issue.

6.2 We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have. If we already have the Product in stock and you choose standard delivery, then the estimated delivery time for destinations in the UK is based on Royal Mail Second Class and you will usually receive your Product:

• Within 3-5 working days for deliveries to Mainland England, Wales or Scotland
• Within 5-7 working days to other parts of the United Kingdom

6.3 All other delivery methods are reliant upon the delivery service provided by Royal Mail but we shall endeavour to dispatch within two working days of your order being placed.

6.4 Please note that delivery to destinations outside the UK may take longer. Occasionally our delivery may be affected by an Event Outside Our Control (see clause 14 for our responsibilities when this happens).

7 International delivery

This section only applies if you would like your Products to be delivered to a destination outside of the UK. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.

7.1 All international orders should be placed via the website using our dynamic shipping calculator which will clearly show the shipping cost once shipping information is inputted. There is a maximum weight limit of 2kg per parcel for all international orders.

7.2 If you order Products from us for delivery to a destination outside the UK:

(a) please note that the delivery charges are calculated by Royal Mail and not Gualberto Couture™. You will have options to decide from depending on price and delivery timeframes.

(b)  Gualberto Couture™ are not liable or responsible for international orders that may be late due to couriers conditions of service

(c) your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount;

(d) you will be solely responsible for payment of any such import duties and taxes or any other fees referenced in clause 7.2(c) above. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;

(e) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you do not comply with any such law; and

(f) if you return any Products to us from a destination outside the UK, you must ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect. Should you decide to return the Products, note that you are responsible for paying the full shipping fees, import duties and taxes of the products.

7.3 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

8 Price

8.1 Subject to clause 8.6, the price of the Products will be:

(a) in respect of orders placed through our site, the price shown on our site at the time you submit your order (subject to clause 8.2 for Products to be delivered outside of the UK); or

(b) in respect of all other orders, the price is set out in the order confirmation issued by us or shown at an event.

8.2 For Products to be delivered to destinations in the UK, the price does not include delivery charges. An indication of these charges is shown on the website via our dynamic delivery calculator.   If you would like your Products to be delivered to a destination outside of the UK, please contact us in accordance with clause 7.1 and we will notify you whether any additional delivery charges will apply and the method(s) by which you may place your order.

8.3 All prices are shown in pounds sterling. The price of a Product may include VAT (where chargeable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay and notify you of this change, unless you have already paid for the Products in full before the change in VAT takes effect.

8.4 Prices for our Products may change from time to time without notice (including where the prices of the materials required to make our Products fluctuate), but changes will not affect any order you have already placed and that we have accepted.

8.5 We take all reasonable care to ensure that the prices of Products are correct at the time they are quoted to you; however, please see clause 8.6 (a-b) for what happens if we discover an error in the price of Product(s) you ordered.

8.6 It is always possible that, despite our reasonable efforts, some of our Products may be incorrectly priced. We will normally check prices before accepting your order so that:

(a) where the Product’s correct price is less than the price we stated on our site or in the order form issued by us (as applicable), we will charge the lower amount when we take payment; and

(b) if the Product’s correct price is higher than the price stated on our site or in the order confirmation issued by us (as applicable), we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct higher price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. However, if the Product’s correct price is higher than the price stated on our site or in the order confirmation (as applicable) and we mistakenly accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel a supply of the Product and refund you any sums you have paid.

9 How to pay

9.1 Below are the payment options that the customer must select:

(a) for orders placed through our site: debit card or credit card or Paypal; or

(b) for orders placed over the telephone an invoice will be emailed and payment should be made as described in (a);

(c) for orders placed at events held at your property or at a third party’s premises: debit or credit card, Paypal or bank transfer.

9.2 For debit and credit card payments, we only accept Visa and Mastercard.

9.3 Payment for the Products and all applicable delivery charges is in advance before delivery. We will take payment as follows:

(a) if you place your order through our site or Tiktok, we will take payment from your debit or credit card or Paypal account when you submit your order through our site;

(b) if you place your order by another means:

(i) and elect to pay by debit or credit card, we will take payment from your card immediately or

(ii) and elect to pay by bank transfer, you must select the transfer within 48 hours of receiving the order confirmation and payment will be deemed to have been made when we receive the full amount due in our account in cleared funds. If you wish to pay by bank transfer, please let us know and we will provide our bank account details to you.

We reserve the right to cancel your Contract if you fail to make payment in full by the relevant time set out above.

10 Your consumer right of return and refund

10.1 If you are a consumer in the EEA, you have a legal right to cancel a Contract, subject to clause numbers 10.2 and/or 3, during the period set out below in clause 10.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau, Trading Standards office or equivalent consumer protection organisation in your jurisdiction. We are unable to provide any legal advice or information about this.

Sale Items

10.2 We want you to be delighted with your Gualberto Couture purchase, including sale items. Please note:

• Faulty Items: All items, including those bought in a discount sale, are covered by your statutory rights. If a sale item is faulty, not as described, or not fit for purpose, you are entitled to a refund, repair, or replacement; however, this is subject to clause 10.3 below.
• Online Returns (Change of Mind): For items purchased online during a discount sale, you still have a 14-day right to cancel your order for any reason from the day after you receive the goods, which is subject to clause 10.3 (a-e).

10.3 The cancellation right provided for in this clause 10 does not apply to Products:

(a) that are made to order to your specification;

(b) that are clearly personalised/bespoke/customized item/s;

(c) for which the price is dependent on fluctuations in the financial market which we cannot control and which may occur within the cancellation period set out in clause 10.4; or

(d) that are sealed and are not suitable for return due to hygiene reasons if they become unsealed after delivery (for example jewellery for piercings).

(e) Please note that we are unable to exchange or refund earrings or earrings kits and/or containing earring findings under current EU Hygiene regulations.

Please note that many of our Products are likely to fall within one or more of these exceptions.

10.4 Your legal right to cancel a Contract starts from the date on which we confirm our acceptance of your order, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

Single Product: Your Contract – End of Cancellation Period

Your Contract is for a single Product (which is not delivered in instalments on separate days). The cancellation period ends 14 days after the day on which you receive the Product. For example, if we confirm acceptance of your order on 1 January and you receive the Product on 10 February, you may cancel at any time between 1 January and the end of the day on 24 February.

Multiple Products: Your Contract – End of Cancellation Period

Your Contract is for multiple Products which may be delivered on separate days. The cancellation period ends 14 days after the day on which you receive the last of the separate Products ordered. For example, if we confirm acceptance of your order on 1 January and you receive the first of your separate Products on 10 February and the last instalment or last separate Product on 14 February, you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 28 February.

10.5 To cancel a Contract under clause 10, you just need to let us know that you have decided to cancel within the relevant timescale set out in clause 10.4. The easiest way to inform us of your decision to cancel your Contract is by e-mailing us at support@gualberto.co.uk . When you are e-mailing, please include details of your order to help us identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the e-mail.

10.6 If you cancel your Contract under this clause 10 we will:

(a) refund you the price you paid for the Products; however, please note that all returned Products will be subject to the checks set out in clause 10.9 and we are permitted by applicable law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop (please note that Products returned further to cancellation under this clause 10 should not show any signs of wear and all security tags must show no signs of tampering or removal or opened). If we refund you the full price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(b) refund any delivery charges you have paid only if the product is deemed to be faulty, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally accepted method); and

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Products, 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, see clause 10.8; or

(ii) if you have not received the Products, 14 days after you inform us of your decision to cancel the Contract.

10.7 We will refund you as follows:

(a) if you paid by debit or credit card, on the credit or debit card used by you to pay; or

(b) if you paid by bank transfer, by bank transfer to the account from which your transfer was made.

In any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the products back (see clause 10.5(c)).

10.8 If the products have been delivered to you before you decide to cancel your Contract:

The product/s must be returned to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. It will be your responsibility to pay for the shipping fee/s when returning the product/s. Our return address is: Gualberto Couture™, 17 Railway Street Poyntzpass, Newry, County Down, United Kingdom, BT35 6SN. We strongly recommend that you return the products by secure, signed for delivery and ensure the products are insured for their full replacement value up to the point they come into our possession. Unless the products are faulty or not as described (in this case see clause 11), you will be responsible for the cost of returning the Products to us. Either way, we must have the items returned to us, and upon inspection that the product/s are in it’s original state and the seal are not broken before we initiate a refund.

10.9 The Products will be at your risk until we receive them.

(a) must be returned properly packaged, undamaged and showing no signs of wear (although we do accept that Products returned as faulty under clause 11). All security tags must show no signs of tampering; and

(b) should not have been altered, resized or tampered with by any person other than us or our authorised repairers and we reserve the right to contact the relevant authorities if we suspect any fraudulent activity in respect of any returned Products. Please note that the gemstones used for your Products (if any) may be laser marked with serial numbers for the purposes of fraud prevention and customer security.

Products returned which do not comply with the requirements set out in this clause 10.9 may not be accepted.

The services will be provided within an agreed timescale and note that time is not of the essence of the contract.

i.)   If you received free delivery for your order and cancel part of the order and the new total amount falls below the free delivery threshold, then your refund will be issued less the corresponding postage for the new cost of the order.

ii.)  If you received free delivery for your order and cancel the entire order, then the refund will be issued less the corresponding postage for the new cost of the order.

11 Faulty or mis-described Products

11.1 We are under a legal duty to supply Products that are in conformity with your Contract and these Terms.

11.2 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 17.3 (and where possible include a photograph of the faulty or mis-described Product).

11.3 If any Products you have purchased from us are faulty or mis-described, provided you return such Products to us if requested in accordance with our reasonable instructions and they pass all the applicable checks referenced in clause 10.9, we will refund the price of the Products in full, together with any applicable delivery charges, and the reasonable costs you incur in returning the Products to us.

11.4 If you received free delivery for your order and cancel part of the order and the new total amount falls below the free delivery threshold, then your refund will be issued less the corresponding postage for the new cost of the order.

Advice about your legal rights is available from your local Citizens’ Advice Bureau, Trading Standards office or equivalent consumer protection organisation in your jurisdiction. Nothing in these Terms will affect these legal rights under applicable law in your jurisdiction.

12 Intellectual property rights

12.1 We are the owner or the licensee of all intellectual property rights in our Products. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

13 Our liability to you

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, including any cause by ‘force majeure’. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.2 We only supply the Products for consumer and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If the item/s bought were meant as a gift, the recipient must not be children under the age of 16 years of age or individual/s deemed unfit to safely use them. It is the customer’s responsibility to ensure that products are kept out of reach of children/minors and vulnerable individuals.

13.3 Subject to clause 13.4, we shall have no liability to you for any loss arising out of your failure to use, store or care for any Product in accordance with the care instructions notified by us to you.

13.4 We do not in any way exclude or limit our liability for:

(a) any breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979 (as amended or re-enacted from time to time) relating to title and quiet possession, description, satisfactory quality, fitness for purpose and samples;

(b) defective products under the Consumer Protection Act 1987 (as amended or re-enacted from time to time); or

(c) any matter for which we may not exclude or limit our liability under applicable law.

14 Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, hurricane, snow causing traffic delays, business closing due to holidays,  flood, force majeure, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract under this clause 14 please contact us using the details set out in clause 17.3.

All Gualberto Couture™ products are intended exclusively for use by adults who are of sound mind and capable of responsible use. Our items are not toys and are not designed for children or individuals with mental incapacities who may accidentally swallow, misuse, or mistake the products for playthings. Many of our pieces contain small components, sharp edges, gemstones, wires, or delicate materials that may pose a choking hazard or risk of injury if used improperly.

Gualberto Couture™ does not accept any liability for harm, damage, or misuse arising from the handling of our products by children or individuals deemed unfit to safely use them. It is the customer’s responsibility to ensure that products are kept out of reach of minors and vulnerable individuals.

We reserve the right to refuse service or cancel transactions if there is reasonable belief that the product will be used irresponsibly, unlawfully, or in contradiction to its intended purpose as described. By purchasing from Gualberto Couture, you agree to use our products as intended, and to take appropriate precautions in their storage, display, and use.

15 Our right to vary these Terms

15.1 We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

15.2 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.

15.3 If we have to revise these Terms pursuant to clause 15.2 as they apply to your order after we have accepted your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and, provided the returned Products pass the applicable checks referenced in clause 10.9, we will arrange a full refund of the price you have paid, including any delivery charges.

16 Your rights to make changes

16.1 If you wish to make a change to any Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

17 Communications between us

17.1 When we refer in these Terms to “in writing”, this will include e-mail.

17.2 If you wish to cancel a Contract in accordance with your legal right to do so under clause 10, please see clause 10.4 for details of how you may notify us of your decision to cancel.

17.3 If you wish to contact us for any other reason, including if you have any complaints, you can contact us by e-mailing us at support@gualberto.co.uk.

17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17.5 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. We may also contact you by telephone using the number you provide to us in your order.

18 Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 These Terms and any Contract for the purchase of products from Gualberto Couture™ shall be governed by the laws of the United Kingdom or, where applicable, European Union law. In Northern Ireland, while the United Kingdom remains the primary governing authority and the Northern Ireland Assembly exercises devolved powers, certain EU regulations continue to apply under the Northern Ireland Protocol—particularly in relation to goods, animal and plant health, and VAT and excise duties. Accordingly, any dispute or claim arising out of or in connection with these Terms or any Contract shall be subject to the applicable laws of the United Kingdom or the relevant European Union laws where mandated. Gualberto Couture™ complies with all relevant UK and applicable EU regulations when trading with or delivering to Northern Ireland.

18.7 You and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.

18.8 If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found at http://ec.europa.eu/dr).

ADDITIONAL TERMS AND CONDITIONS FROM SHOPIFY

Welcome to GUALBERTO COUTURE™! The terms “we”, “us” and “our” refer to GUALBERTO COUTURE™. GUALBERTO COUTURE™ operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). GUALBERTO COUTURE™ is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

 
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. GUALBERTO COUTURE™ reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GUALBERTO COUTURE™ confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as GUALBERTO COUTURE™ may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by GUALBERTO COUTURE™, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of GUALBERTO COUTURE™, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by GUALBERTO COUTURE™.

GUALBERTO COUTURE™’s names, logos, product and service names, designs, and slogans are trademarks of GUALBERTO COUTURE™ or its affiliates or licensors. You must not use such trademarks without the prior written permission of GUALBERTO COUTURE™. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

GUALBERTO COUTURE™ is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with GUALBERTO COUTURE™. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GUALBERTO COUTURE™, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with GUALBERTO COUTURE™.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm GUALBERTO COUTURE™, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY GUALBERTO COUTURE™, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent provided by law, in no case shall Gualberto Couture™, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless GUALBERTO COUTURE™, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – 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.

SECTION 19 - WAIVER; 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 governs 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 20 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where GUALBERTO COUTURE™ is headquartered. You and GUALBERTO COUTURE™ consent to venue and personal jurisdiction in such courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

These Terms were most recently updated on 9 September 2025.

Company Name:         Gualberto Couture™

Mobile Number:          07704939627 (telephone charges may apply)

Email:                             support@gualberto.co.uk