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These Terms will apply to any contract between us and you for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
We amend these Terms from time to time as set out in Clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st May 2018.
References to "Clause" and "Clauses" are to clauses of these Terms, and any Contract will only be in the English Language.
For the purposes of these Terms and any Contract with us, you will be considered to be a ("Consumer") where you are an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
We are Jewellery Moments LLP, a company registered in England and Wales under company number OC423697 whose registered office is at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX ("we", "us" and "our"). We operate the Website.
Contacting us if you are a Consumer:
If you wish to contact us for any reason, you may email us at email@example.com or contact our Customer Services Team by telephone on 0800 1404636 or by post to **PO BOX ADDRESS. If you are emailing us or writing to us please include details of your order to help us to identify it.
Where we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
Contacting us if you are a business:
You may contact us by telephoning our Customer Services Team at 0800 1404636 or by emailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see Clause 20.3.
The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Given that the Products supplied by us to you may be made to order and according to your unique personal specification or size, please ensure that your specification is correct and accurate before submitting your order to the Website.
Unfortunately, we cannot accept the return of Products that are made to your particular specification (for example, by having a name engraved on it) if the reason for the return is because you provided us with an incorrect specification. Please note that this Clause 2.3 will not affect your rights as a Consumer in relation to Products made to your personal specification that are faulty or not as described. Advice about your legal rights is available at your local Citizens' Advice Bureau or Trading Standards office.
This Clause 5 only applies if you are a Consumer.
If you are a Consumer, you may only purchase Products from the Website if you are at least 18 years old and you are a resident of the UK.
This Clause 6 only applies if you are a business.
If you are not a Consumer, you confirm that:
you are a business trading in the UK; and
you have authority to bind any business on whose behalf you use the Website to purchase Products.
You and we agree that neither of us or you shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
You do not need an Account to order Products through the Website and may continue as a guest at any time.
If you already have an Account, you will be able to login and change the details that we hold about you in your Account on the "My Account" part of the Website ("Account").
You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.
You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
Our shopping pages will guide you through the steps you need to take to place an order with us to purchase the Products. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you place an order, we will confirm our acceptance by sending you an email that states that your order has been accepted by us ("Order Confirmation"). The Contract between us will only be formed when we send you an Order Confirmation.
You will not be able to amend an order once it has been submitted to us and you have received the Order Confirmation. You will be prompted to check your order details throughout the order process. Please make sure that you are happy with your order before submitting it to us.
If we are unable to supply you with any Products, for example because these Products are not available or because we cannot meet your requested delivery date or because of an error in the price on the Website as referred to in Clause 15.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
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.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
If we have to revise these Terms as they apply to the Contract, 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 the Contract either in respect of all the affected Products or just the Products you have yet to receive without charge.
If you are a Consumer, please note that any legal right you may have to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply if the items has been personalised to your specification, as set out under Clause 10.2 below. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
Subject to Clause 10.3, where the Products are made in accordance with your individual requirements and personalisation, you will not be able to cancel the Contract once you have submitted your order to us.
If you are a Consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a Consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 10, your loss of the right to cancel under Clause 10.2 or anything else in these Terms.
You will be entitled to a refund where Products are faulty, damaged or do not otherwise conform to the Contract in accordance with the provision of this Clause 11.
Subject to Clause 11.3, where you have made a payment to us for the Products, we will refund these amounts to you and any delivery charges within 30 days of receiving the Products back to us.
You will not be entitled to a refund where the reason for any defect and/or fault in the Products arises from:
unreasonable wear and tear;
wilful damage, abnormal storage, accident or negligence by you or a third party;
any alteration by you or a third party, who has not been authorised by us; or
any inaccuracy or error in the specification provided by you.
In order to claim a refund, please contact our Customer Services Team on 0800 1404636, or by email email@example.com.
We may have to cancel a Contract before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock.
If we cancel under Clause 12.1:
we will promptly contact you to let you know;
if you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you; and/or
where we have already started work on your order for Products made to your personal specification by the time we have to cancel under Clause 12.1, we will not charge you anything and you will not have to make any payment to us, and, where you have already paid us for the Products, we will refund all amounts back to you.
We will contact you with an estimated delivery date, which will normally be within three to five working days of you submitting your order (as communicated to you in the Order Confirmation) and in any event no later than 30 days following the date of the Order Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 21 for our responsibilities when this happens.
If no one is available at your address to take delivery, then our delivery partner may return the Products to its local depot for redelivery or collection, or may leave the Products with your neighbour (as appropriate).
Delivery shall be completed when the Products are delivered to the address you gave us when you submitted your order (or that of your neighbour) or you have collected them from the relevant depot, and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges, and the Products have been delivered to you.
This Clause 13.5 only applies if you are a Consumer. If we fail to deliver the Products within 30 days of the date of the Order Confirmation, then you may cancel your Contract straight away if any of the following apply:
If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 13.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Contract if we do not meet the new deadline.
If you do choose to cancel your Contract for late delivery under Clause 13.6 or Clause 13.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the costs of this. After you cancel your Contract we will refund any sums you have paid to us for the cancelled Products and their delivery.
Unfortunately, we do not deliver to addresses outside the UK.
The prices of the Products will be as quoted on the Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto our system to appear on the Website. However please see Clause 15.5 for what happens if we discover an error in the price of any Products ordered.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
Prices for the Products include VAT (where applicable) 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, unless you have already paid for the Products in full before the change in VAT takes effect.
Prices for our Products do not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges page on the Website.
The Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct 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 Contract as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
You can only pay for Products using a debit or credit card or PayPal account through our preferred payment provider PayPal.
Payment for the Products and all applicable delivery charges will be made in advance. Please note that we will charge your debit card or credit card immediately once you submit your order.
Our warranty: We warrant that, on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in Clause 17.2.
Where the warranty does not apply: The warranty in Clause 17.1 does not apply to any defect in the Products arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to operate or use the Products in accordance with the user instructions;
any alteration or repair by you or by a third party who is not one of our authorised repairers; or
any specification provided by you.
Your legal rights: If you are a Consumer, the warranty in Clause 17.1 is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
This Clause 19 only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
Subject to Clause 19.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Subject to Clause 19.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 110% of the price of the Products that are the subject of your order.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This Clause 20 only applies if you are a Consumer.
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. 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.
We only supply the Products for domestic and private use. You agree not to use the Products 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.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by sections 9 to 11 of the Consumer Rights Act 2015 (satisfactory quality, fit for purpose and as described); or
defective products under the Consumer Protection Act 1987.
Subject to Clause 19.3 or Clause 20.3 (as applicable), we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 21.2.
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, flood, 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.
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under the 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.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us on 08001404636 or email firstname.lastname@example.org. If you opt to cancel, you will have to return (at our cost) any Products you have already received and we will refund the price you have paid, including any delivery charges.
When we refer, in these Terms, to "in writing", this will include email.
If you are a Consumer you may contact us as described in Clause 1.2.
If you are a business:
Any notice given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
A notice shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or, if sent by email, one working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this Clause 22 shall not apply to the service of any proceedings or other documents in any legal action.
Us transferring a Contract: 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.
You transferring the Contract: You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a Consumer and you have purchased any of the Products as a gift, you may transfer the benefit of our warranty in Clause 17 to the recipient of the gift without needing to ask our consent.
Contract between us and you only: This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a Consumer, the recipient the Products (as a gift) will have the benefit of our warranty at Clause 17, but we and you will not need their consent to cancel or make any changes to these Terms.
Separate terms: Each of the provisions 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.
No waiver of rights: 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.
English law: These Terms and/or the Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including without limitation non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms and/or the Contract or their subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 23.7 shall not apply if you are not a Consumer.
Jurisdiction (if you are not a Consumer): If you are not a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. This Clause 23.8 shall not apply if you are a Consumer.