These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.jewellery-and-gifts.co.uk (“Jewellery and Gifts”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Goodwill Guarantee” means the good will guarantee offered by Jewellery and Gifts a limited company registered in England under 04729224, whose registered address is 32 The Square, Walsall, West Midlands, WS9 0QT and whose main trading address is 32 The Square, Walsall, West Midlands, WS9 0QT, which exists to enhance the legal rights of Our customers in the United Kingdom to change their mind and return Goods to Us
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order
“We/Us/Our” Jewellery and Gifts is a company registered in England under 04729224, whose registered address is 32 The Square, Walsall, West Midlands, WS9 0QT and whose main trading address is 32 The Square, Walsall, West Midlands, WS9 0QT.
2. Information About Us
2.1 Our Site, www.jewellery-and-gifts.co.uk, is owned and operated by Jewellery and Gifts a limited company registered in England under 04729224, whose registered address is 32 The Square, Walsall, West Midlands, WS9 0QT and whose main trading address is 32 The Square, Walsall, West Midlands, WS9 0QT. [Our VAT number is 813061862.]
1. Access to and Use of Our Site
1.1 Access to Our Site is free of charge.
1.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
1.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Please ensure that you have read them carefully and that you understand them.
2. Age Restrictions
2.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
2.2 [None of the Goods on Our Site may be purchased by anyone under 18 years of age years of age.]
3. International Customers
Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside of the United Kingdom.
4. Goods, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, the following:
4.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.1.3 Due to the nature of the Goods sold through Our Site, there may be up to a 2% variance in the [size,] [capacity,] [dimensions,] [measurements,] [weight,] of those Goods between the actual Goods and the description
4.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
4.3 Where appropriate, you may be required to select the required [size,] [model,] [colour,] [number,] of the Goods that you are purchasing.
1.1 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site
1.2 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
1.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated every month.] Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
1.4 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3days, We will treat your Order as cancelled and notify you of this in writing.
1.5 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
1.6 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
1.7 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to Delivery Information Delivery options and related charges will be presented to you as part of the order process.
2. Orders – How Contracts Are Formed
2.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
2.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
1.1 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
1.2 Order Confirmations shall contain the following information:
1.2.1 Your Order Number;
1.2.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
1.2.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
1.2.4 Estimated delivery date(s) [and time(s)];
1.3 [We will also include a paper copy of the Order Confirmation with your Goods].
1.4 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 3 working days.
1.5 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
2.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
2.2 We accept the following methods of payment on Our Site:
2.2.1 Credit Cards and Debit Cards
3. Delivery, Risk and Ownership
3.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
3.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
3.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox [or left in a safe place nominated by you], We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
3.2.2 If you do not collect the Goods or rearrange delivery within 5 working days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
3.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
3.3.1 We have refused to deliver your Goods; or
3.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
3.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
3.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
3.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 3 working days