Terms & Conditions
This page and the documents documents referred within it tells you the terms and conditions on which we supply any of the products (items) listed on our website www.jewelleryenchantments.co.uk to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
This website is operated by Jewellery Enchantments (we). Our office is at The Gateway, Chippenham, Wilshire, SN15 1QJ. Jewellery Enchantments is a Registered Trademark 2573943. We are retailers. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email firstname.lastname@example.org EORI GB019256030000
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; [and]
2.2 You are at least 18 years old;
2.3 You are purchasing as a consumer, not as a reseller, nor do you present in any form as reseller, see 6.1
3. HOW TO PLACE AN ORDER
Shop our website by browsing through our product range
Click on the image or product title to access the individual item's product page where you will be given information on sizing, colour options and availability.
Add an item to your shopping basket by clicking the "Add to cart" button on the product page.
Review the items you have chosen in your shopping cart. To delete an item from your shopping bag, click the blue X to the right of the product. To amend quantities for each product, enter the new quantity in the box to the right of the product and then click on the twisting arrow symbol.
You can view the items in your basket at any time by clicking on the "Cart“ at the top right-hand side of any web page.
Please be advised that placing an item in your basket does not secure it for you and it can still be purchased by another customer. Complete your order by selecting "Checkout" and then follow the steps, ensuring you chose the correct postage option for your order value.
When choosing your method of payment please ensure that you read the additional information provided at the top of the payment screen. Pay Pal users should be advised that the dispatch address on Pay Pal must match the dispatch address on your order. Pay Pal's Buyers Protection Insurance is only valid for the dispatch address detailed on the payment. If we are given a different dispatch address, than you entered on your payment, then this will void Pay Pal's Buyers Insurance, as stated in Pay Pal's Terms & Conditions.
Should you need further assistance with placing an order please do not hesitate to contact us on (044) 01249-443695 and we will be happy to assist you. Alternatively, please email our Customer Services at email@example.com
A Message Box is available to customers throughout the checkout process. Please use this box to convey any instructions pertaining to your order. Please note that we are not permitted to add alternative delivery arrangements on Royal Mail packages.
Personalised orders, that being orders where goods are altered as per customers instructions are non-returnable. Customers must ensure that they select the correct size of bracelet, where they are requesting the attachment of charms to a bracelet before dispatch, as the attachment of charms to the bracelet before dispatch is termed as a 'personalisation' and goods may not be returned in accordance with Consumer Contracts Regulations, June 2014
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order, (Please note that non-Pay Pal account holders are required by Pay Pal to click on the link "Return to Jewellery Enchantments" for the e-mail to be sent). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). It is a customers responsibility to ensure they have entered a correct e-mail address.
5. AMENDING AN ORDER
You are able to correct errors on your order up to the point at which you click on "Confirm Order" on the Payment Page.
We are only able to amend/change orders before dispatch confirmation has been e-mailed to you. Please contact us by telephone or e-mail promptly, as we work very quickly to dispatch orders.
6. CANCELLATION RIGHTS
6.1 If you are contracting as a consumer, the Consumer Contract Regulations 2014 give you the right to cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out below. The CCR's are not applicable to purchases were the intention is to resell the goods, as Consumer Contract Law excludes business to business transactions. We consider any e-mail address that may appear as belonging to a business to be a business to business transaction.
6.2 To cancel a Contract, you must inform us in writing or via e-mail. Please note the address at the head of our invoice is not the address for the return of product and a authorised Return Number is required. You must return the Product(s) to us as soon as possible (within 14 days), in good condition, complete with all product packaging, a copy of the original sales invoice and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 The cost of returning goods is the responsibility of the customer. We strongly recomend that a trackable means of postage is used, as the goods remain the customers responsibility until they have been received back at our premises.
6.4 Personalised orders, that being orders where goods are altered as per customers instructions, are non-returnable.
6.5 Earrings - under the Sale Of Goods Act, customers have the right to inspect earrings for quality and to ensure that the earrings work as they should, as this can not be achieved through a sealed plastic bag, we request customers are considerate of other customers and that earring they intend to return are not placed into their ears for hygiene reasons.
6.6 Jewellery Enchantments website is a retail outlet for retail consumers. Consumers rights are not available to anyone who purchases for the purpose of commercial reselling product purchased from Jewellery Enchantments. Please read or resellers information page and all restrictions on product pages http://www.jewelleryenchantments.co.uk/pages.php/page/resale Where a payment, through Pay Pal is found to be that of a business transaction and the order is subsequently cancelled as a result of determining goods are to be resold for commercial purposes, the non-refundable processing fees charged by Pay Pal (for a business to business transaction) will not be refund to the business initiating the order and payment.
6.7 Postage costs will not be refunded on unauthorised returns. Only the basic (lowest) postage rate will be refunded where an entire order is returned. Enchanced postage, i.e. Recorded Delivery & Special Delivery charges, will not be refunded.
Please note: none of the above applies to faulty goods received, or any item dispatched in error. Please contact us directly at firstname.lastname@example.org
7. AVAILABILITY AND DELIVERY
7.1 All items are subject to availability. Where product/s are not available we will contact you before processing your order.
7.2 Dispatch of your order will usually be made the same working day (Monday to Friday, excluding Bank Holidays) for all orders received by Noon. Possible dispatch delays will be detailed within out Checkout pages and such advice will be given before a customer places an order.
8. EXCLUSIVE PRODUCT & COPYRIGHT
8.1 Product described as being 'exclusively available from' refers to a model that is produce solely for/ or produced solely by Jewellery Enchantments, under the Registered Trademark 2573943. Exclusivity does not mean that a similar product of a different manufacturer might be available on 'a an other' on-line portal.
8.2 The majority of the product sold by us is copyright marked and/or patent registered. This product is sold by us for personal use only. We accept no third-party liability for the use of anothers copyright or patent mark by a customer for commercial purposes (reselling).
(UK Copyright Laws state that you may not take copyrighted product and adapt and/or create a derivitive work from it unless it is for personal use only. http://www.copyrightservice.co.uk/copyright/copyright_myths ).
8.4 All rights, including copyright, of our website are owned by or licensed by Jewellery Enchantments. Any use of this website or its contents, including copying or storing is prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish licence, commercially exploit, create derivitive works from, transfer, or sell any content, software, products or services contained within this website for any commercial/revenue generating purpose.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.3 Only the ownership of the Product passes to you, the consumer. Ownership of Product does not negate our ownership of copyright and registered trademark.
9.4 Where purchased items of packaging, specifically boxes, arrive damaged we will refund the packaging paid by the customer, we will not redispatch the packaging. Packaging is sold at cost and postage redispatch costs exceed the packaging value.
9.4 Where an error may have occurred in the goods delivered, customers are required to report errors within three working days. (For faulty product please see Section 12). Whilst every effort is made not to make errors, human error does occasionally happen. We have protocols in place to rectify any error promptly and with no cost to the customer.
10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site, except in cases of obvious error.
10.2 Postage/Shipping costs are detailed at http://www.jewelleryenchantments.co.uk/pages.php/page/postage_shipping
10.3 Prices are liable to change at any time, but changes will not affect orders we have already dispatched.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Notice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products must be by credit or debit card via Pay Pal, or by cheque, that being a cheque drawn on a UK bank account in Pounds Sterling.
10A. PAY PAL
Customers should note that there are certain aspects of Pay Pal Terms & Conditions that are out of the control of Jewellery Enchantments. Pay Pal's Terms & Conditions are affected by the requirements of Credit/Debit Card issuers;
10a.1 Pay Pal issue Buyers Protection Insurance. The protection is ONLY applicable to the address detailed on the Pay Pal payment. If the address entered on an order with Jewellery Enchantments is different to that against which Buyers Protection has been issued the Buyers Protection Insurance will be nul and void. We clearly stipulate that the dispatch address on the order must match the dispatch address on the payment during the checkout process. Customers must therefore change their dispatch address in Pay Pal, where it differs from that they entered on their order.
10b.2 The Confirmation Of Order e-mail from Jewellery Enchantments is issued BEFORE customers make payment. This Confirmation of Order e-mail is therefore NOT confirmation of where goods will be dispatched to. Pay Pal may overwrite the address a customer enters on an order, usually reverting to the 'Primary Address' entered on a customers Jewellery Enchantments account. Customers must check their order by signing-in to their Jewellery Enchantments account after completing payment, as the information we receive is that transmitted AFTER payment has been made. Customers are advise to ensure that 'old addresses' are completely removed from their Jewellery Enchantments accounts. Jewellery Enchantments accept full responsibility of the non-delivery of goods where the delivery address on the order and the payment match. We accept no responsibility where the Primary dispatch address on the order and Pay Pal payment address do not match.
11. PRODUCT DESCRIPTION
11.1 Every effort is made to ensure that product descriptions are as accurate as possible.
11.2 No picture on our website is to scale
11.3 Colours of products may vary depending on the settings on an individual computer and therefore the colours depict are representative only.
11.4 All weights and measures are detailed as 'approximate' due to the variations that result from the manufacturing processes used. A specific charm model weight can vary from one casting to another and size measurements can alter depending on the polishing level applied to each cast charm. Therefore, the 'approxiamate' details given are an average of any specific model.
12. OUR REFUNDS POLICY (this policy is offered in addition to your legal rights as a consumer)
12.1 When we receive product you return to us:
12.1.1 because you have cancelled the Contract between us within the fourteen-day cooling-off period see clause 6, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In the case where an entire order is returned, we will refund the price of the Product in full, including the cost of sending the item to you, but not the processing costs and not a higher rate of postage where the preferred service was a legal requirement and only where a Order Return authorisation number has been obtained and where the goods are sent to the correct returns address (see 6.2). However, you will be responsible for the cost of returning the item/s to us and the cost of sending items to you will not be refunded where part orders are returned. A Returns Number is required for all returns and maybe obtained by e-mailing email@example.com The original invoice and product packaging must be returned with goods requiring a refund.
12.1.2 There are no refunds available to business to business purchases, as defined in 6.1
12.1.2 for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us at the standard rate required.
12.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12.3 Where a package is returned to us as 'undeliverable' by Royal Mail, postage charges will not be refunded, as no such refund can be obtained from Royal Mail. Customers can claim from Royal Mail should they dispute Royal Mails claim of 'undeliverable'.
12.4 Where a package is delivered to an incorrect address due to their being a transmission of a previous/incorrect address information supplied by the customer (see 10b.2 above), postage charges will not be refunded, as we can obtain no such refund from Royal Mail, where the error is the customers.
13. OUR LIABILITY
13.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Please note: we will not accept claims of 'not fit for purpose' where information supplied on our website has not been adhered to. In example, where charms have not been attached to a charm carrier by accepted means of attachment. That is to say we would not consider a charm loss, as the result of the supplied open jump ring having not been solder closed onto the charm carrier. Nor would we accept a claim of a gem or Swarovski set charm fracturing during the process of soldering the open jump ring to the charm carrier, as this does not occur where the appropriate actions are under taken to prevent the heat from the soldering torch from contacting the gem stone or crystal stone.
13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
14. IMPORT DUTY
14.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15. OUR STATUS
15.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
16. WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.2 All written communications are sent using the information provided by a customers account/order details. Should there be an error within these details, not excluding Primary Address details section 3, we are not responsible.
17.1 All notices given by you to us must be given to Jewellery Enchantments at our office address, or via e-mail. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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 events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Strikes, lock-outs or other industrial action; 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; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
24. LAW AND JURISDICTION
24.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive juristiction.
24.2 Consumer Contracts Regulations (06/2014) http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
24.3 Copyright, Designs & Patent Act 1988 www.legislation.gov.uk/ukpga/1988/48/contents
24.3 Sale of Goods Act 1979 www.legislation.gov.uk/ukpga/1979/54
24.4 Hallmarking Act 1973 www.jewelleryenchantments.co.uk/pages.php/page/sterling_%20silver_question
24.5 Trademark www.ipo.gov.uk