Terms and Conditions

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Please read all of this page before clicking on the “accept” box on your check out screen. Once you complete processing of your order, all terms and conditions listed below are in effect. If desired, please print and keep a copy of these for your records. If changes are made to the terms and conditions while your order is processing, the conditions in effect at the time of your order remain in effect.
For specific questions about sending materials click here.
For questions regarding generally jewelry and aromatherapy items click here.
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website, Facebook Store, Etsy Store and any other means of sale. Below terms and conditions take effect from January 1, 2021 for new orders.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website or through any other ordering means. Consent to these terms and conditions indicates your understanding and acknowledgment of below terms and conditions.
1.3 Please note that we take no responsibility for items lost in shipping process (neither items sent to us for order creation or completed items sent from us), or for any delays in shipping once items have been delivered to shipper. Please see specific sending and delivery pages for advice on sending materials for jewelry creation.
2. Interpretation
2.1 In these terms and conditions:
(a) “we” or “I” means The Crystal Swan and any employees or owners of; and
(b) “you” means our customer or prospective customer, and “us”, “my”, “our” and “your” should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an opportunity to browse and consider rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.6.
3.4 The change of order status from “pending” to “active” constitutes order confirmation. Please check our FAQ pages for more information on sending items for jewelry creation or general shipping details.
3.5 Any necessary changes to your order are possible within 24 hours of order confirmation via email. Any chances to the cost of your merchandise will be processed at the time changes are accepted. Once your work on memorial products has commenced, changes to your order cannot be processed.
3.6 To purchase an item through our website (or via other purchasing methods) the following steps are required:

• Add desired products to your shopping cart and proceed to the checkout page. Please add any pertinent notes to the notes section on your order form. For memorial items, we will be in contact with you to request further details if necessary.
• Confirm your order and consent to the terms and conditions.
• Complete payment.
• Once we receive your order and payment has been processed you will receive an order confirmation. At this time, your order is considered “active” and binding as per this agreement. Please be sure to check your junk/spam boxes for emails.
• Air bubbles-air bubbles in resin are natural. Although we go to great efforts to prevent them, they do occur and sometimes form deep in a piece during the drying process. This is a normal element in handmade resin products and will not be considered a fault in workmanship.
• Each piece is unique and therefore the piece you receive will not look exactly the same as what is seen on the website. For example, color variations in cremation ashes range from white to silver or gold in appearance, resin colors will vary in formula and color intensity, and lighting for photographs may vary. All of these factors and others can impact how finished products appear.
• Colors of items included in memorial products (hair, ash, fur, etc.) will vary greatly. Photos in the gallery are provided as guidance only and we cannot guarantee each product will mimic those on the site exactly even if clear resin is used.
• Locks of hair or fur may be transparent and therefore difficult to see in your items. White or very light blonde hair is very difficult (sometimes impossible) to see in resin products. Texture, hair placement and appearance vary greatly from item to item.
• Resin colors, sparkle mixtures and glitter combinations vary slightly from batch to batch. Each color will vary depending on the batch and on the items provided for use.
• Rings, bracelets and other metal products are designed to look handmade. Therefore, expect to see small inclusions, scratches or inconsistencies as would be expected with a hand-forged item. Silver items are not plated (unless otherwise indicated) and will scratch if exposed to sharp objects as is common for items that are not mass produced.

3.8 Suppliers
We use a variety of suppliers for our metal and engraving needs and therefore, variations and alterations in product appearance and availability will occur. Availability of precious metal items (silver and gold) changes with the market as does the cost to place your items in precious metal settings.
4. Prices
4.1 Our prices are quoted on our website.
4.2 If you request alterations to an item or inclusions that are not included as part of the item on the site the quoted price is subject to change.
4.3 If the price of an item changes after your order is processed, the price in effect at the time of your order will be honored.
4.4 In the evet that the price(s) on the website are inaccurate quoted we will verify pricing at the time of sale before your order is finalized. Under these circumstances you will be provided the opportunity to cancel or move forward with your order.
4.5. We do not provide free delivery. Any delivery costs are quoted to you on the order screen at the time of purchase.
4.6 Included in the cost of your delivery fees for memorial items is the cost to ship the items kit to you, the cost to return ship (domestic shipping only) and the cost to send your completed items via first class mail or UPS. If you wish to have expedited shipping this is available at an additional charge.
5. Product Proof Photos
5.1 When memorial items are created, proof photos will be taken and sent to you before your item is set into a setting or finalized. In the case of smaller items such as ring inserts, bracelet beads or necklace pendants we may create more than one version of your item to provide the best opportunity for the most stunning work.
6. Payment Processing and Options
6.1 During the check-out process you will be presented with the available payment options for your order. Depending on the unique nature of your order common payment options include PayPal, Stripe, and Square. If you qualify for monthly payments or another form of split payment method through PayPal or Stripe, those arrangements are made in conjunction with the payment processor.
6.2 Under certain unique circumstances personal checks, business checks, or money orders or an acceptable mode of payment. If you would like to learn more about these payment methods and the associated restrictions related to order is paid in this way, please email us directly.
6.3 Any rejected payments or failure to pay for your order in full may result in your products being withheld and or your order canceled.
6.4 Unjustified credit or debit card chargebacks will result in your liability for the following:
a) an amount equal to the chargeback
b) all third-party expenses incurred due to the chargeback (including charges assessed
by banking and credit card companies.
c) any check returned for insufficient funds will be assessed a $25 charge in addition to
the fees listed above.
6.5 Work on your order may begin while awaiting items for your memorial products. Any material completed while payment is outstanding remain property of The Crystal Swan until payment has been received in full.
7. Delivery and Shipping
7.1 Information pertaining to delivery of item kits and completed products are outlined in the delivery FAQ section of this site.
7.2 Items will be delivered to the address you specify at check-out. It is suggested that you double check the accuracy of your shipping and delivery information to reduce the possibility of shipping delays or other difficulties.
7.3 We guarantee (except in the event of exceptional circumstances) that all items ordered will be completed within 12 weeks following the receipt of payment and customer items for memorial pieces where necessary. For additional information visit the FAQ sections of this website.
7.4 Items that require engraving that is not done “in-house” may require extra time. You will be notified in advance if this is the case for your order.
7.5 Barring exceptional circumstances beyond our control, completed orders will be shipped within five (5) days of completion.
7.6 The “official” date of your order begins when all items are received for your memorial products. If your item does not require specific elements to create (i.e., general pre-made items) your order date is the date of payment processing.
7.7 If you require your item sooner than the aforementioned 12-week window please do not finalize your order until you contact us to make arrangements. While we cannot guarantee priority item production, it is possible in some cases.
7.8 Unless otherwise mentioned in the FAQ section, the lead time for all memorial items is 12-weeks. We reserve the right to adjust this accordingly if necessary. Lead times are meant to serve as a baseline for item completion. Memorial products are labor intensive and require significant time and attention.
7.9 Unless absolutely necessary do not send irreplaceable items or the entirety of your personal elements (ashes, hair, etc.). If you are including irreplaceable elements in your item (such as wedding bands or dog tags) please send all items via a method that includes tracking numbers so you can monitor its arrival. As previously mentioned, we are not responsible for items lost during shipping. If you send everything (i.e., all ash or hair) and are unsatisfied with the completed item this does not constitute a reason for refund even though it excludes you from our remake policy. When something is irreplaceable, your acknowledgement of these terms and conditions indicates your understanding that products can only be made once.
7.10 Once we receive your items, we agree to use them for your products alone and return to you any unused portions.
8. Order Cancellation
8.1 You may cancel your order without specific reason provided you do so within 7 days of your order submission for memorial items and 24 hours of order submission for all other items.
8.2 Once products have been sent and received; your order must meet refund policy guidelines outlined below.
8.3 We may cancel an order under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
8.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
9. Refunds
9.1 if you cancel your order in accordance with the policies in section 8 or section 9, you must return your products, after return approval, to 38 North Main St. Suite 142, St. Albans VT 05478. If your items are not received within 10 business days, your refund will not be processed.
9.2 If you cancel your order you will receive a refund of all costs paid less the expenses associated with shipping and delivery.
9.3 The refunded amount will be less than the amount paid if:
a) products are returned damaged or in a “worn” condition and were not as such when shipped.
b) products are returned after the 10-day return period.
c) Aromatherapy products have been opened or used in any way.
9.4 Refunds will be processed to the same method used to make payment, unless express agreement is made to refund to an alternative source.
9.5 Upon receipt and inspection of your returned items, a refund will be issued within 7 business days.
9.6 Products not eligible for refunds of any kind include:
a) Memorial products containing personal items such as ashes, hair, fur, etc.
b) Aromatherapy items on which the seal has been broken or the item opened/used.
c) Items that have been engraved or otherwise personalized before shipping.
d) Any non-memorial product that has been specialized or “made to order” to specific requirements and therefore cannot be resold.
10. Warranties and Representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts to purchase items;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality (for example, the quality shown in our client galleries and product galleries, excluding mockups). Please see the FAQ on handmade jewelry and expected quality and reasonable expectation.
10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 11.5 shall not apply.
11.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 11.6 shall not apply.
11.7 You accept that we have an interest in limiting the personal liability of our officers, artists, metalsmiths and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract.
12. Scope
12.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.
12.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
13. Right to Revise
13.1 We reserve the right to revise these terms and conditions from time to time by publishing a new version or updates to specific sections. The updated terms and conditions document will be posted on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
14. No waivers
14.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
14.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit. These terms are conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 These terms and conditions, together with our delivery policy and our returns policy and our FAQ’s, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
18. Our details
18.1 This website is owned and operated by The Crystal Swan and Black Swan Design, LLC.
18.2 You can contact us via email, using thecrystalswanvt@gmail.com.