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JEWELDEAL.CO.UK
Please read these terms and conditions (“the Terms”) carefully. By entering our Websites, you are deemed to have accepted our conditions of use as set out in the Terms including the Disclaimers, which are set out below. These Terms also apply, in so far as they are relevant, to orders placed other than through the Website.
TERMS AND CONDITIONS
Introduction
1.1 The website, www.jeweldeal.co.uk (“Website”) is owned and operated by [Jewel Deal Limited] (“JD”, “us,” “we”), a private limited company registered in England and Wales (number 07231524) whose registered office is at 843 Finchley Road, London, NW11 8NA. Responsibility for liability, however arising, in relation to the Website rests solely and exclusively with JD Limited.
1.2 From time to time, we may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website or before placing an order. If at any time you do not agree to the Terms, you may not access or otherwise use the Website. Please print off and retain the Terms for your records.
Use of the Websites
User Responsibility
2.1 You agree not to do or cause to be done anything, which might interfere with the proper or lawful working of the Website.
Disclaimers
3.1 Unless otherwise specified, the materials on the Website are directed solely at those who access the Website from the United Kingdom mainland. We make no representation that any product or service referred to in the materials on the Website are appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United Kingdom mainland are responsible for compliance with local laws if and to the extent local laws are applicable.
3.2 We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses or other harmful elements. As a condition to become a visitor to and a user of the Website, you agree that your access will be subject to the Terms and that access is undertaken at your own risk. We shall not be liable for damages of any kind and howsoever arising, (including but not limited to damage caused by viruses, worms or trojan horses) related to your use of or inability to access the Website.
3.3 We do not accept any liability for any loss of data or software, revenue, business, profits, cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or its content or as a result of withdrawing and/or screening, editing or removing any materials or content on the Website or otherwise.
3.4 We endeavour to display the products featured on the Website as accurately as possible. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor’s display of any colour, texture, or visual detail of actual merchandise will be accurate.
3.5 We reserve the right to withdraw any product from the Website at any time and/or remove, screen or edit any materials or content on the Website.
3.6 We endeavour to present recent, accurate and reliable information on our Website. However, we make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or other inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience that this might cause. We reserve the right to amend errors, make changes to our Website, or to update product information at any time without prior notice and without any liability on our part.
Intellectual Property
4.1 All brand names, product and service names and titles and copyright used in the Website (“the Marks”) are Marks of their respective holders. All goodwill associated with or with the Marks or with JD Limited and www.jeweldeal.co.uk trade names or marks shall inure solely to the benefit of their respective holders or with JD Limited and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.
4.2 No permission is given by us for the use of the Marks or JD Limited and jeweldeal.co.uk trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.
4.3 All designs and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text and the likes are the copyright of [Jeweldeal.co.uk] Limited or its licensors and any use of materials on this site without our prior written consent is strictly prohibited.
Privacy Policy
5.1 [Jeweldeal.co.uk] Limited is registered as a data controller with the office of the Data Protection Commissioner. Details of our registration can be found at the Data Protection Commissioner’s Website www.dataprotection.co.uk .
5.2 We respect your concerns about privacy. We, therefore, encourage you to refer to our privacy policy on an ongoing basis to stay abreast of our most current privacy policy practices, which are intended to protect your privacy and ensure that your personal information is handled in a safe and responsible manner. Details of our privacy policy can be found at http://www.jewldeal.co.uk
Hyperlinks
6.1 Certain hypertext links in the Website may lead to websites that are not under our control. When you activate any of these, you will leave the Website. We have no control over the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.
6.3 [You may provide hyperlinks to the Website without our prior written consent. Such hyperlinks may only direct users to the home page of the Website, and must display the relevant page in the same form as the home page of the Website, without amendment or framing.]
Purchase of Goods
Basis of the Sale
7.1 We shall sell and you shall purchase the goods you have ordered (“the Goods”) in accordance with the Terms.
7.2 All orders for the Goods shall be deemed to be an offer by you to purchase the Goods pursuant to the Terms. By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with the Terms. Your acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of the Terms.
7.3 On receipt of your order we shall send an automatic email to acknowledge receipt. The automatic acknowledgement of your order by us shall not be deemed acceptance of your offer. Shipment of your order shall be deemed acceptance of your offer.
7.4 No variation of or addition to the Terms shall be binding unless agreed in writing by an authorised representative JD Limited.
7.5 Our employees or agents are not authorised to make any representations or give any advice concerning the Goods unless confirmed by us in writing. In entering into the contract, you acknowledge that you do not rely on, and waive any claim for breach of, any such representations which are not so confirmed.
7.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
Price
8.1 All prices are in UK sterling and are [inclusive] of UK VAT, currently 20%.
8.2 Any quotation or published price is subject to alteration or withdrawal without prior notice as a result of fluctuation in exchange rates, increase in supplier costs, error in published price or other costs beyond our control. Statement of price or a quotation does not constitute an offer.
8.3 Whilst we make every effort to try and ensure that all prices on the Website are accurate, errors sometimes occur. If we discover an error in the price of Goods we will inform you of this fact as soon as possible. You will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
8.4 Unless otherwise stated, the price quoted excludes delivery. Delivery information including postage and packing and order handling charges are described in the Delivery pages which can be found on this Website at http://www.jeweldeal.co.uk.
Delivery and risk
9.1 All delivery times quoted are estimates only.
9.2 We can only deliver products to addresses in the United Kingdom mainland.
9.3 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
9.3.1 you may not cancel if we receive your notice after the Goods have been dispatched; and
9.3.2 if you cancel the contract, you can have no further claim against us under that contract.
9.4 If you accept delivery of the Goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the Goods).
9.4 We may deliver the Goods in instalments. Each instalment is treated as a separate contract.
9.5 We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or if the premises (or the access to them) are unsuitable for our vehicle.
9.6 The Goods are at your risk from the time of delivery or from the time of our first attempted delivery.
Payment terms
10.1 You are to pay us by credit or debit card[, unless you have an approved credit account]. Payment by credit or debit card will require clearance prior to delivery. Goods are subject to availability. In the event that we are unable to supply the Goods we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Goods.
10.2 Title to the Goods you order on the Website will pass to you on delivery of the Goods provided that we have processed and received payment in full for the Goods.
Orders and Specifications
11.1 You shall be responsible for ensuring the accuracy of any order submitted by you and for giving us any necessary information relating to the Goods within a sufficient time to enable us to fulfil your order.
11.2 The quantity, quality and description of and any specification for the Goods shall be those set out in our acknowledgement of your order.
11.3 We reserve the right to make any changes in the specification of the Goods which are required to confirm with any applicable safety or other statutory requirements or which do not materially affect their quality or performance.
11.4 All sizes and measurements are approximate.
Cancellation and Return of Goods
13.1 Subject to clause 14, we offer a fourteen days money back guarantee. You may cancel your order for Goods by giving notice to us [in writing] no later than fourteen days from (and excluding) the day on which we deliver the Goods to you, and only:
13.1.1 if you agree to return the Goods to us at your expense (unless the goods were defective when delivered); and
13.1.2 where the Goods are as fit for sale on their return as they were on delivery (including the original packaging and the diamond certificate (where appropriate) supplied with the Goods).
13.2 If you cancel an order for Goods in accordance with clause 13.1, but:
13.2.1 do not return the Goods; or
13.2.2 return the Goods at our expense
we may charge you for the cost of recovering the Goods.
13.3 You shall inspect the Goods immediately upon delivery.
13.4 We shall only accept returns of damaged or defective Goods if:
13.4.1 you notify us [in writing] within seven days of the date of delivery or where the defect or failure was not apparent on reasonable inspection within fourteen days of discovery of the defect or failure.
13.4.2 the Goods are returned in their original packaging accompanied by the gift box (where applicable) and the diamond certificate (where appropriate).
13.5 In all instances, Goods must be returned as new in their original and unused condition.
Non returnable Items
14.1 Due to health and safety laws earrings will not be accepted for exchange or refund if the sealed packaging has been opened unless Goods returned are faulty. This does not affect consumer’s statutory rights.
14.2 Rings which are not standard sizes and are sized specifically for you will not be accepted for exchange or refund unless the Goods returned are faulty
Warranties and Liability
15.1 Subject as expressly provided in these conditions and except where you are buying the Goods as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all representations, warranties or conditions expressed or implied, statutory or otherwise, are hereby expressly excluded to the fullest extent permitted by law.
15.2 Where you are buying the Goods as a consumer your statutory rights are not affected by these Terms.
15.3 Any Goods not manufactured by us are sold with such warranty as the manufacturers give to us and which we are able without expense to enforce.
15.4 Any warranty given under this clause 15 shall not apply if (other than by us) any repair to the Goods is made (or attempted), or if components not manufactured or supplied by us are added to the Goods.
15.5 Subject to clause 15.7, we are not liable for any indirect or consequential loss, financial loss, loss of profits or loss of goodwill or reputation arising from the contract or the supply of Goods or their use.
15.6 Subject to clause 15.7, our aggregate liability to you for loss or damage shall be limited to a sum equal to the amount paid or payable by you for the Goods in respect of one incident or series of incidents attributable to the same cause.
15.7 Nothing in these Terms restricts or limits our liability for fraudulent misrepresentation by us or death or personal injury resulting from our negligence or that of our employees.
15.8 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Force majeure
16.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.
16.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
General
17.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.2 English law is applicable to any contract made under the Terms. The English and Welsh courts have exclusive jurisdiction.
17.3 If you are more than one person, each of you has joint and several obligations under the Terms.
17.4 If any of the Terms are unenforceable as drafted:
17.4.1 it will not affect the enforceability of any other of these Terms; and
17.4.2 if it would be enforceable if amended, it will be treated as so amended.
17.5 Any notice by either of us which is to be served under the Terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business or in the case of an individual, at their home address as notified to the other party from time to time. All such notices must be signed.
17.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
17.7 Any queries or comments about our products or services, or objection to us making use of your personal data in the ways detailed above, should be directed to Joe Wheeler.
