Terms of Sale
TERMS AND CONDITIONS FOR THE SALE OF GOODS
Updated October 2015
Our Terms and conditions of business for consumers
- What these terms cover. These are the terms and conditions on which we supply products (including any bespoke products) to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
- Who we are. We are Augustine Jewels, which is the trading name of our company Luxury Consumer Brands Ltd a company registered in England and Wales. Our company registration number is 8277674 and our registered office is at 20 Exhibition House, Addision Bridge Place, London W14 8XP.
- How to contact us. You can contact us by telephoning our customer service team at +44 (0) 207 603 1084 or by writing to us at email@example.com. Alternatively if you have any questions you can use the live chat function at the bottom right of your screen to send us a message.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
- Bespoke Products. Within our product range we also manufacture bespoke products, please see the ‘Bespoke Products’ section below for the specific terms applicable to those items.
Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If we anticipate any delay we will contact you to agree a later delivery date.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier or postal service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. If this happens we will refund you the price you paid but will make a deduction to cover the costs we have incurred.
- When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
- When you own the product. You own the product once we have received payment in full.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 8;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. PLEASE NOTE: this cancellation right does not apply in the case of Bespoke Products.
- Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to our UK customers when delivering to a UK address, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products. PLEASE NOTE: this guarantee does not apply in the case of Bespoke Products.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
30 day period to change your mind.
Consumer to pay costs of return.
We pay the costs of return.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- Bespoke Products (see clause 11);
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- How long do I have to change my mind? You have 14 days (or if you are a UK customer, 30 days) after the day the products are delivered, unless you have ordered multiple products and these are split into several deliveries over different days. In this case you have 14 days (or if you are a UK customer, 30 days) after the day the last product in your order is delivered to change your mind.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on +44 (0) 207 603 1084 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form on our website or email us at email@example.com.
- Returning products. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at [20 Exhibition House, Addison Bridge Place, London W14 8XP] or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
If there is a problem with the product
- How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team customer services on +44 (0) 207 603 1084 or email us at firstname.lastname@example.org.
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
- When you must pay and how you must pay. We accept payment with Visa, MasterCard, JCB and American Express. We also accept payment by bank transfer, if you require use of this method of payment please contact us for further information. You must pay for the products before we dispatch them.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Please note that if you are ordering a Bespoke Product and a term in this section conflicts with any other provision in these Terms, then the terms in this section apply.
- Bespoke Products are pieces made to your specifications, for example using a design or material which you specifically request and which is not available as standard on our site. You can find more information at ‘Our Bespoke’ section of the site.
- You can order a Bespoke Product by contacting us at email@example.com. We will then discuss your options and requirements with you and a design, price and timescale.
- Bespoke Products may take longer to produce. When you order Bespoke Products we will confirm the delivery timescales with you by e-mail.
- Once the price and timescale has been agreed by you we will ask for 50% of the payment to be made, including delivery charges. The balance must be paid before we dispatch the Bespoke Product.
- Once we have received payment from you a Contract will have formed.
- Please note that the consumer right to cancel a contract under the Consumer Contracts Regulations 2013 (as referred to in detail in the ‘Your Rights to End the Contract’ section above) does not apply to Bespoke Products. If for any reason you wish to cancel an order for Bespoke Products you should contact us immediately, we may be able to cancel your order and charge cost price, but this will not be appropriate in all circumstances and you may still be charged the full price. Certain Bespoke Products may be returnable but this will be assessed on a case by case basis and at our absolute discretion.
How we may use your personal information
- How we will use your personal information. We will use the personal information you provide to us to supply the products to you, to process your payment for the products and if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms
- Our intellectual property. All intellectual property in the products shall at all times and without limitation vest in and remain our property.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ADDITIONAL TERMS OF SALE
This page (together with the documents referred to on it) tells you the terms on which we supply any of the products (the Products) listed on our website www.augustinejewels.com (the Website) to you. Please read carefully and understand these terms before ordering any Products from the Website (Terms of Sale).
By placing an order for any of our Products, you confirm that you have read, understood and agree to be bound by these Terms of Sale. Please understand that if you refuse to accept these Terms of Sale in their entirety, you will not be able to order any Products. If you have difficulty in understanding any of the terms in the Terms of Sale or have any other queries, please contact our customer services team at firstname.lastname@example.org, who will be happy to assist.
You should print a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 20. 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 14 February 2013.
The language of the contract will be English.
NOTHING IN THESE TERMS OF SALE AFFECTS ANY OF YOUR STATUTORY RIGHTS
1. INFORMATION ABOUT US
www.augustinejewels.com is a website operated by Luxury Consumer Brands Ltd (we). We are registered in England and Wales under company number 8277674 and our registered office is Luxury Consumer Brands Ltd, 20 Exhibition House, Addison Bridge Place, London W14 8XP.
2. USE OF THE WEBSITE
3. HOW WE USE YOUR PERSONAL INFORMATION
4. ACCESSING THIS WEBSITE FROM OUTSIDE THE UK
4.1 If you order Products via the Website for delivery outside the UK, they may be subject to import duties, taxes, fees or other levies when the delivery reaches the specified destination. You will be responsible for payment of any such import duties, taxes, fees or levies. 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.
4.2 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 responsible for your compliance with, and will have no liable to you or other any person for any breach by you or any other person, of any such laws or regulations.
4.3 You will indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of paragraph 4.1 or paragraph 4.2 of these Terms of Sale.
5. YOUR STATUS
5.1 By placing an order through the Website, you warrant that:
· you are legally capable of entering into binding contracts; and
· you are at least 18 years old; and
· you are placing the order as a consumer, i.e. an individual is acting outside his or her business.
5.2 If we discover at any time that any of the above warranties (or any part of them) are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have against you under the general law.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
6.2 Your placing of an order with us for a Product constitutes an offer to buy the Product from us and all orders are subject to acceptance by us. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this email of acknowledgement does not mean that your order has been accepted by us, or that a contract has been made between us. We will confirm to you our acceptance of your order by sending you a separate e-mail that confirms that we have accepted your order and along with details of when the Product will be ready to be dispatched (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
6.3 The Contract will relate only to those Products which are expressly referred to in the Order Confirmation as being part of the accepted order. If we are unable to supply all of the Products listed in your order and have only accepted your order in respect of certain of those Products, we will not be obliged to supply any of the remaining Products which may have been part of your order until we have confirmed to you, by sending you a separate Order Confirmation, that we have accepted the order of any of those remaining Products.
6.4 The language of the contract will be English.
7. RIGHT OF CANCELLATION FOR UK AND EU CONSUMERS
7.1 If you are a UK or EU consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 However, this cancellation right does not apply in the case of:
· any made-to-measure or custom-made products;
· newspapers, periodicals or magazines;
· perishable goods, such as food, drink or fresh flowers;
· software, DVDs or CDs which have a security seal which you have opened or unsealed.
7.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. If you exercise this cancellation right, you will receive a full refund of the price paid for the Products and the cost of delivery to you in accordance with our Returns Policy (set out in clause 12 below).
7.4 To cancel a contract under your statutory rights referred to above in paragraph 7.1, you must inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1.1 or by email to email@example.com.
7.5 You must take reasonable care of the Products, and must keep the Products in your possession at all times. If you are in breach of any of your obligations to take reasonable care of the Products or keep the Products in possession, we will have a claim against you and may deduct from the refund any costs or damages incurred or suffered by us as a result of the breach.
7.6 When you have exercised your statutory cancellation right referred to above in paragraph 5.1, the Product must be returned to us as soon as reasonably practicable at your own cost and in strictly accordance with our Returns Policy at paragraph 12.
7.7 Details of your statutory right of cancellation, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
7.8 The statutory cancellation right described in this paragraph 7 is in addition to any other right that you might have to reject the Products, for instance because they are faulty or defective.
8.1 Please note that we cannot guarantee specific delivery times, any dates for delivery are intended to be estimates and time for delivery shall not be of the essence of any contract between us. If the Product is in stock at the time we will aim to dispatch the Product within 2 to 5 working days of the Order Confirmation. If a Product (or substitute product) is unavailable or we anticipate any delay in the dispatch of the Products or fulfilment of the delivery, we will contact you to agree a later delivery date. Please note that whilst we aim to fulfil the delivery of Products within 30 days from the date of your order, it is possible that delivery may take place more than 30 days from the date of your order.
8.2 Delivery may be made by Special Delivery Royal Mail. All deliveries will require a signature upon receipt. This signature will be deemed as proof of receipt by you and accordingly we will be accepted by us as evidence of delivery and fulfilment of the order.
8.3 If a delivery is made, at your request, to an address which is not the same as the invoice address (for example if purchased by you as a gift for another person), the signature received at the delivery address will be accepted by us as evidence of delivery and fulfilment of the order.
8.4 If we are unable to make delivery, for example because no one is available at the delivery address or because we were unable to gain access to the delivery address, a note will be left at the delivery address and you will be required to make contact with postal service to arrange a new delivery date.
8.5 We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by an Event Outside Our Control (see paragraph 14 below)..
8.6 The quantity of any consignment of Products as recorded by us upon dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
9. DELIVERY CHARGES
9.1 All Products will be sent by Special Delivery Royal Mail and will incur the following costs:-
9.1.1 Orders within the UK:-
Order with a value of up to £300 £6.00
Order with a value of up to £1000 £10.00
Order with a value of £1000 or higher £20.00
9.1.2 Orders outside the UK:-
Order with a value of up to £300 £12.00
Order with a value of up to £1000 £18.00
Order with a value of £1000 or higher £34.00
9.3 Each package has its own specific tracking number and items are insured for their full value.
10. RISK AND OWNERSHIP
10.1 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of any Products purchased by you from us, including any delivery charges.
10.3 Until ownership of the Products has passed to you, you will:
· hold the Products on a fiduciary basis as our bailee;
· not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
· maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
· notify us immediately if you are deemed unable to pay your debts or as having no reasonable prospect of so doing.
11. PRICE AND PAYMENT
11.1 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product 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 order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
11.3 If you choose to pay for an item using a payment card with a currency denominated account which is not the currency quoted on the Website, the account will still be taken in the currency which is quoted on the Website and will be taken at the conversion rate applied by the relevant payment scheme at the time of processing your order.
11.4 These prices include VAT or any other taxes (if applicable) but exclude delivery costs, which will be added to the total amount due as set out in the Delivery section at paragraph 7 above.
11.5 You can pay by:
11.5.1 Credit and debit card. We accept Visa, MasterCard, JCB and American Express.
11.5.2 BACS, CHAPS or other wire transfer. If you would to pay by wire transfer please contact our customer services team at firstname.lastname@example.org who will be happy to assist.
11.6 We do not accept payment by cash, cheque, postal order, direct debit or PayPal.
11.7 When an order is placed, we request pre-authorisation for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorisation request until the order is dispatched, at which point we actually take payment.
11.8 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
11.9 Whilst we try to ensure all our prices displayed on our Website are accurate, errors may sometimes occur. If we discover an error in the price of a Product that you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced Product as cancelled.
11.10 We will have no liability to you in respect of any exchange rate fluctuations or charges imposed by your bank or credit card issuer.
12. OUR RETURNS POLICY
12.1 The following provisions of this paragraph 12 set out our returns policy (Returns Policy).
12.2 Subject to the terms of this paragraph 12, Products may, at our absolute discretion, be returned to us (for a refund or exchange) within 7 working days, beginning from the moment the Contract is concluded and ending 7 working days after the day on which you receive the Product(s). Our Returns Policy is offered to consumers who are not entitled to the cancellation rights referred to above in paragraph 5 above and does not affect the cancellation rights referred to in paragraph 7 of any UK or EU consumer.
12.3 In order to return a Product to us, you must first inform us in writing of your intention to return the Product by hand delivery, post or fax to the place given in paragraph 1 or by email to email@example.com.
12.4 If the Product, in our absolute discretion, is eligible to be returned to us, we will arrange for our returns pack, which will include return packaging and instructions(Returns Pack), to be sent to you. PLEASE DO NOT RETURN PRODUCTS TO US OTHERWISE THAN IN ACCORDANCE WITH OUR RETURNS POLICY.
12.5 Any Product(s) returned to us must be sent back to us in our Returns Pack, and in accordance our Returns Policy, and any further instructions or directions notified by us to you at any time.
12.6 Any Products which are not returned to us properly packed in our Returns Pack and strictly in accordance with our Returns Policy will not be accepted by us, will not be eligible for a refund or exchange, and we will not be responsible for any loss or damage to the Products in transit or otherwise.
12.7 The cost of delivery of the return of any Product will be for your account and will, if a refund is due to you, be deducted from the amount due to be refunded to you, and if a Product is due to be exchanged, be payable by you before the exchanged Product is dispatched to you.
12.8 Products must be returned in the exact same condition that they were dispatched to you in, along with a receipt or parcel summary document, within the period specified above in paragraph 12.1. When you return a Product to us we will examine the returned Product and will notify you if you are entitlement to a refund or exchange via e-mail within a reasonable period of time. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
12.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 12 or these Terms.
12.10 We aim to make refunds using the same method as that used by you to pay for your purchase.
13. OUR LIABILITY
13.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 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 section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
· defective products under the Consumer Protection Act 1987.
13.4 Subject to clause 13.3, if we fail to comply with these Terms, we shall only be liable to you for the purchase price of the Products.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 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.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
· we will contact you as soon as reasonably possible to notify you; and
· our obligations under a 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.
15. APPEARANCE OF PRODUCTS ON THE WEBSITE
15.1 Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire Product.
15.2 For Products containing diamonds or other precious stones or gems, we list the average weight. The actual weight may be slightly more or less than the weight stated on our Website.
15.3 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our Products on our Website. However, the actual colours and detailing you see onscreen will depend on the equipment you use to view the Products. We cannot guarantee that your television or computer monitor display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery.
16. CANCELLATION OF THE CONTRACT BY US
In the very unlikely event that we are unable to fulfil your order, we reserve the right to cancel the contract between us. If we do cancel our contract we will notify you and will credit to your account any sum deducted by us from your account as soon as reasonably practicable and in any event within 30 days of your order and we will have no further liability to you in this respect.
17. INTELLECTUAL PROPERTY
As between you and us, all intellectual property in the Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.
18. WRITTEN COMMUNICATIONS AND NOTICES
18.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
18.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance with the details in paragraph 1 above. Notices to you may be given to the email address or the invoice address provided when you placed your order.
19. OTHER IMPORTANT TERMS
19.1 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. [We will always notify you [in writing or] by posting on this webpage if this happens.]
19.2 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 a Product as a gift, you may transfer the benefit of the our warranty in clause 16 to the recipient of the gift without needing to ask our consent].
19.3 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 of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.]
19.4 Each of the paragraphs 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.
19.5 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.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20. OUR RIGHT TO VARY THESE TERMS OF SALE
20.1 We have the right to revise and amend these Terms of Sale from time to time for any reason including without limitation 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.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or those terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or those terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. ENTIRE AGREEMENT
21.1 These Terms of Sale and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
21.2 Nothing in this clause 21 limits or excludes liability for fraud.
22. FURTHER INFORMATION
For further information from us on this policy please write to Luxury Consumer Brands Ltd, Registered Office, 20 Exhibition House, Addison Bridge Place, London W14 8XP or email firstname.lastname@example.org