Element Jewellery Limited supplies Jewellery on the following terms and conditions.
1.1 The meaning of some words used in these terms and conditions:
‘we’, ‘us’ or ‘our’ is a reference to Element Jewellery Limited, the supplier of the Jewellery;
‘you’ or ‘your’ is a reference to the person to whom we are supplying Jewellery and who is required to pay for the Jewellery we supply;
‘Jewellery’ means the jewellery we supply to you and which you will pay for.
1.2 Our contact details are Element Jewellery Limited, 25 Market Street, Hebden Bridge, HX7 6EU
2 Making an order
2.1 When you place an order by telephone email or via the website you are making an offer to buy the Jewellery you have specified at the price stated for those items of Jewellery from us. At this stage there is no binding contract between you and us.
2.2 A binding contract shall come into place when we accept your order by accepting a deposit from
you but the title to the Jewellery will remain with us until the price has been paid by you in full.
2.3 Illustrations, catalogues, photographs, descriptions, samples, demonstration products and
general literature relating to the Jewellery are intended as a general guide only and shall not form part of any contract between us and you unless otherwise expressly agreed in writing signed on behalf of us by an official of Element Jewellery Limited
3 Price of Jewellery and Payment
3.1 We try our best to display accurate and up to date prices, whether in our shop, brochures or our web site, but because of the nature of the Jewellery we sell it may be necessary to change the price and we will notify you of any such change as soon as we are able and clause 3.2 below will apply.
3.2 If the price of the Jewellery changes then two things can happen:
3.2.1 if the price is lower then we will charge you the lower price and dispatch the Jewellery; or
3.2.2 if the price is higher, then we will contact you to ask you either whether you wish to pay the higher price or to cancel your order. If the order is cancelled then if you have already made any payment(s), we will make a refund.
3.3 All prices shown are inclusive of VAT at the then current rate at the date of dispatch.
3.4 When you place an order online or by mail order you authorise us to debit the credit, debit or other card you specify on your order for the amount of the order
3.5 We will require at least a 25% non-refundable deposit to hold Jewellery for you or to start work on bespoke Jewellery, the balance to be payable when the Jewellery is delivered.
4 Availability and dispatch of Jewellery
4.1 The range of our Jewellery is as shown in our shop, online or in our brochures. But we cannot guarantee whether the items of Jewellery you wish to purchase are actually in stock.
4.2 Any times and dates given for dispatch of Jewellery (or the length of time that Jewellery will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay will be substantial or if the Jewellery will not be available at all for dispatch we will offer you the option either to cancel your order and refund any payment(s) you have made or allow you to choose alternative Jewellery (with any consequent refund or additional payment necessary).
5.1 We only make deliveries in the mainland of the United Kingdom but may agree to deliver outside the United Kingdom at our discretion if specific arrangements and conditions are agreed in advance, which may be subject to a further charge which we will tell you about in advance.
5.2 We may deliver the Jewellery in one or more instalments and some of the Jewellery may be delivered directly from the manufacturer of the Jewellery.
5.2 The Jewellery shall be at your risk as from the date of delivery.
6 Limitation of liability
6.1. If the items of Jewellery we deliver are not what you ordered or are damaged at the time of delivery or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the delivery of the Jewellery in question.
6.2 If you do not receive the Jewellery ordered by you within 30 days of the date on which you ordered it, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 40 days of the date your order was accepted by us.
6.3 If you notify a problem to us under this clause, our only obligation will be, at your option:
6.3.1 to make good any shortage or non delivery;
6.3.2 to replace or repair any items of Jewellery that are damaged or defective provided that we are satisfied that the damage or defect is not as a result of misuse or mishandling; or
6.3.3 to refund to you the amount paid by you for the Jewellery in question in whatever way we choose. We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this clause and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Jewellery in question under clause 6.3.3 above. This exclusion does not exclude your statutory rights (see clause 6.5 below)
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Jewellery from our site. The importation or exportation of certain of our Jewellery to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Jewellery you purchase.
6.5 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We guarantee to replace or repair your Jewellery should there be a defect due to original workmanship within 3 months (or 12 months for items for Bespoke Jewellery, Wedding Rings, eternity Rings and Engagement Rings) unless the Jewellery has been accidentally or otherwise mishandled after delivery in which case this guarantee will not apply (though your statutory rights are not affected).
8. Cancellation rights
Except as provided for in these terms, you will have no right to cancel your order once it has been accepted by us unless you have a statutory right to do so.
9. Returns or Exchange
We cannot accept the return or exchange of items of Jewellery that have been individually com-missioned but in all other cases if you wish to return or exchange any or all the Jewellery you have purchased please complete the Returns Form that you will receive with your order, and en-close the Returns Form with the item you wish to return. We can only accept returned goods that arrive in perfect condition, in the same packaging, with all security tags attached, within 14 days of receipt by you whether purchased online or from our shop premises provided always that if purchased from our shop premises we will need proof of purchase by way of till receipts.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be af-fected.
11.Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
12 Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.