TERMS AND CONDITIONS OF SALE
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to:
Johanna Simonds - Contemporary Jewellery
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
“Goods” means the jewellery and other items purchased by you from us.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 The price of Goods quoted on our website does not include VAT (Value Added Tax). If VAT becomes payable at any time it will be added and payable by you at the appropriate rate.
2.2 The cost of packaging and postage/carriage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods.
2.3 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit or debit card. At our discretion, we may accept payment by cheque, bank transfer or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
5.3 Payment for all goods shall be in Sterling.
6.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.
6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
7.1 You will have a right to cancel an order within 7 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing, emailing: email@example.com.
7.2 You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged, unworn, with original packaging and in perfect condition, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
7.3 If you wish to cancel your order you must return the Goods to us at your own cost. You are responsible for the Goods until they are received at the return address and thus we advise you to use a special delivery service when returning Goods and to retain their proof of postage until receipt is confirmed by email.
7.4 Where incorrect or damaged Goods are received we will cover the cost of the return postage.
7.5 Subject to receiving the Goods as required by this clause 7, we will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other reasonable costs we incur in connection with the return of the Goods.
7.6 You may not return Goods if they have been damaged (in our reasonable opinion) as a result of fair wear and tear, accidental or deliberate damage, negligence, failure to follow manufacturer instructions.
7.7 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the agreed collection date if you have not collected the Goods by then).
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
8.4 You have no right to re-sell any Goods until payment has been received in full by us.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.3 If any defect in any Goods appear within 3 months of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to firstname.lastname@example.org and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post to Johanna Simonds - Contemporary Jewellery, 5 Laverton Mews, London, SW5 0PB.
11. CUSTOMER DEFAULT
- give us any incorrect personal information, or
- fail to make any payment when it is due, or
- cancel any payment, or
- become insolvent, or
- commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
12. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
14. INTELLECTUAL PROPERTY
Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
15.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNING LAW
These Terms and the Contract between us are governed by English law.