Personal Jewellery – Website Terms and Conditions for Our Services

Welcome to the Personal Jewellery website terms and conditions (Conditions) for use. This page (together with the documents referred to on it) tells You the Conditions on which we supply any services (Services) listed on our website www.personaljewellerylondon.co.uk (our Website) to You, the customer (Customer).

Please read these Conditions carefully and make sure that You understand them, before contacting us about any Services from our Website. You should understand that by ordering any of our Services, You agree to be bound by these Conditions.

You should print a copy of these Conditions for future reference.

A link to the Conditions will be sent to you when We email You with the offer of our Services. You will need to accept the Conditions and confirm your acceptance of the Conditions to Us. Please understand that if You refuse to accept these Conditions, You will not be able to order any Services from Us.

If You have any questions about these Conditions, please contact Us before You place an order either by telephone and/or email at:

Michele Franklin
+44 (0)7809 502 714
michele@personaljewellerylondon.co.uk

We will endeavour to respond to You within 48 hours during the working week- Monday to Friday, 9am to 5pm, London time.

1. DEFINITIONS

We use certain words in these Conditions which have specific meanings (Definitions). These words, and their meanings, are as follows: “Conditions” means these terms and conditions; “Personal Information” means the information and details provided by You to register on the Website; “Product/s” means any item of antique, modern or contemporary jewellery, or watch or clock displayed for sale on this Website; “Services” means the services offered by Personal Jewellery as set out at 2.1 (a) to (c); “Website” means the website located at www.personaljewellerylondon.co.uk or any subsequent URL that may replace it; “We/Us” means the seller and supplier of services who is Personal Jewellery, Michele Franklin and www.personaljewellerylondon.co.uk; “You/Customer” means the users of the Website;

2. INFORMATION ABOUT US AND WHAT PERSONAL JEWELLERY OFFERS

We operate the Website www.personaljewellerylondon.co.uk .

  1. 2.1 We are Michele Franklin trading as ‘Personal Jewellery’. ‘Personal Jewellery’ is owned and run by Michele Franklin. More information about Michele Franklin can be found on the “About Me” section of the Website. ‘Personal Jewellery’ offers the following Services:
    1. (a) A personal shopper service for the Customer for the purchase of jewellery, watches, and clocks;
    2. (b) The valuation and sale, (where agreed), of Customer’s jewellery, watches and clocks; and
    3. (c) An assessment and repair and/or redesign service for the Customer’s jewellery, watches and clocks.

    (together the “Services”)

    We can be contacted by email: michele@personaljewellerylondon.co.uk or by telephone (+44 (0)7809 502 714.)

  2. 2.2 Michele Franklin is a member of the British Jewellers’ Association.

3. ACCESS TO OUR WEBSITE

  1. 3.1 You, the Customer have been provided with access to this Website in accordance with these Conditions and any Services that you instruct us to perform for you are undertaken in strict accordance with these Conditions.

4. REGISTRATION BY YOU

  1. 4.1 You acknowledge and confirm that all Personal Information provided by You when You registered as a Customer is true, accurate, current and complete; and
  2. 4.2 If We need to contact you We will use the Personal Information that you have supplied to Us on registration. Therefore please ensure that if this Personal Information becomes out of date, incomplete or incorrect You will update Us of any changes by contacting Michele Franklin, either by telephone (+44 (0)7809 502 714), or by email:michele@personaljewellerylondon.co.uk.

5. INDEMNITY

  1. 5.1 You, the Customer agree to fully indemnify, defend and hold Us, Personal Jewellery, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of your use of this Website, or by any other party who has accessed the Website using your account with Us and/or Your Personal Information.

6. WHERE ARE PERSONAL JEWELLERY’S SERVICES AVAILABLE?

  1. 6.1 Our Website is only intended for use by people resident in the United Kingdom (SERVICED COUNTRY).
  2. 6.2 We do not accept orders for Services from addresses or individuals outside of the Serviced Country.

7. DELIVERY- WHERE DO WE DELIVER TO?

  1. 7.1 We deliver and return items to the Serviced Country only.

8. YOUR STATUS

By placing an order with Us for a Service, You acknowledge and confirm that:

  1. (a) You, the Customer, are legally capable of entering into binding contracts; and
  2. (b) You, the Customer are resident in the Serviced Country; and
  3. (c) You, the Customer are accessing our Website from that Serviced Country.

9. WHY MIGHT AN ORDER FOR A SERVICE NOT BE ACCEPTED BY US?

  1. 9.1 There are number of reasons why We may not be able to accept your order for a Service. It may be because:
    1. (a) The Service You require was unavailable; or
    2. (b) We were unable to obtain authorisation for your payment; or
    3. (c) Your status does not meet the requirements as set out in “Your Status” in these Conditions.

10. HOW DO YOU FIND OUT MORE INFORMATION ABOUT A SERVICE OR REQUEST THAT YOU HAVE PLACED WITH US?

  1. 10.1 If You require any information regarding Services that You have agreed with Personal Jewellery please contact Us by telephone on (+44 (0)7809 502 714), or by email: michele@personaljewellerylondon.co.uk.

11. RESPONSIBILITY FOR LOSS AND DAMAGE

  1. 11.1 Subject to clause 21, and your statutory rights, We shall not be liable for any loss or damage to an item or items that you have sent to Us, however so ever caused, while the item or items are in our control or possession or in the control of any of our appointed subcontractors.
  2. 11.2 We shall not be liable for any loss or damage to the item or items sustained while the item or items are in transit to and from our premises whether or not We are providing transportation.
  3. 11.3 Any item or items that We return to You in performance of the Services will either be at your risk or at the risk of the Royal Mail Special Delivery Service, subject to clause 12.1 and 12.2 below.

12. INSURANCE

  1. 12.1 Personal Jewellery will insure the item or items while the item or items are held at our premises or if Personal Jewellery personally carries the item or items in transit. A copy of this certificate of insurance is available on request.
  2. 12.2 You the Customer will fully insure the item or items for transit to and from the premises of Personal Jewellery and to any other third party, and for the duration that the item or items are held at the premises of any third party contractor.
  3. 12.3 To assist You when We return items to You- We use the Royal Mail Special Delivery service when We deliver an item or items to You. (http://www.royalmail.com/delivery/business-delivery-options-uk/special-deliverynext-day). The Royal Mail special delivery service provides automatic insurance cover up to £500.00 (five hundred pounds sterling). We purchase additional insurance cover for delivery of an item or items up to £2,500.00 (two thousand five hundred pounds sterling) as required. This covers the transit of the item or items from Us to You. In the event of a claim, for example if the Item or Items is lost or damaged in transit, You will need to make a claim direct from Royal Mail.
  4. 12.4 For an item or items that have a value over and above £2,500.00 (two thousand five hundred pounds), or to arrange additional cover, We can arrange separate insurance cover for You through T H March & Co. Limited (registered in England No 116175), (http://www.thmarch.co.uk/index.xalter) up to a retail value of £50,000.00 (fifty thousand pounds sterling) for each item.

13. SERVICES- FOR OUR PERSONAL SHOPPING SERVICE

  1. 13.1 We offer a personal shopping service for the Customer who would like assistance with selecting and purchasing jewellery, watches or clocks for themselves or a third party.
  2. 13.2 If You are interested in using this service- You can either:
    1. (a) Complete the enquiry form on the “Contact Page” of the Website; or
    2. (b) Contact Michele Franklin direct by telephone (+44 (0)7809 502 714) or by email: michele@personaljewellerylondon.co.uk.
  3. 13.3 How is the contract formed between us? The contract between You and Us will only be formed once the following steps have been completed:
    1. (a) We will send you an email setting out the terms that we are offering to perform.
    2. (b) You will either send us an email to michele@personaljewellerylondon.co.uk. or call us on (+44 (0)7809 502 714) accepting our terms. The contract will then be effective once you have accepted the content of our email setting out our terms.
  4. 13.4 In the event that You or We need to vary the terms of our contract both You and We will repeat the steps as set out above at 13.3 (a) and (b).
  5. 13.5 Payment for this service cannot be processed online. To pay for this service You will need to contact Michele Franklin direct.
  6. 13.6 The minimum payment for this service is £500.00 (five hundred pounds sterling) plus taxes. Note that this fee does not include any costs or disbursements incurred by You nor the purchase cost of any item or items purchased by You.
  7. 13.7 Your right to cancel is set out in clause 16.1 below. We will need to receive your request to cancel within seven (7) days from the day after the date of the contract.
  8. 13.8 You will lose your right to cancel the contract for this service under the Distance Selling Regulations if You agree that We can commence providing Services before the expiry of 7 (seven) working days from the day after the contract was formed.

14. SERVICES- FOR OUR ASSESSMENT AND EITHER REDESIGN OR REPAIR SERVICE

  1. 14.1 Please note that any item that is sent to us for valuation or appraisal remains your responsibility and at your risk at all times. We refer you to clauses 11 and 12 which set out our responsibility for loss, damage and insurance.
  2. 14.2 We offer an assessment, valuation, and either redesign or repair service to our customers for jewellery, clocks and watches.
  3. 14.3 We charge an initial fee of £50.00 (fifty pounds sterling) excluding taxes or delivery fees for a “face-to-face assessment” of the item or items.
  4. 14.4 There are two routes to obtain an initial assessment:
    1. (a) either contact Us to arrange a consultation in person or by telephone (+44 (0)7809 502 714) or by email:michele@personaljewellerylondon.co.uk; or
    2. (b) Send your jewellery, watch or clock to Us for assessment.
  5. 14.5 How is the contract formed between us? The contract between You and Us will only be formed once the following steps have been completed:
    1. (a) We will send you an email setting out the terms that we are offering to perform.
    2. (b) You will either send us an email to michele@personaljewellerylondon.co.uk. or call us on (+44 (0)7809 502 714) accepting our terms. The contract will then be effective once you have accepted the content of our email setting out our terms.
  6. 14.6 In the event that You or We need to vary the terms of our contract, or after the initial assessment We subsequently agree with You to undertake repair or redesign of work on your item or items both You and We will repeat the steps as set out above at 14.5 (a) and (b). In accordance with 14.5 (a) we will send you an email setting out the repair or redesign work we are offering to complete, the estimated cost and timeframe for completion. In accordance with 14.5 (b), You will respond to our email either by email or telephone accepting our offer.
  7. 14.7 Payment for this service cannot be processed online. We will ask for payment for the initial fee for “face-to-face assessment” prior to the commencement of the first assessment meeting.
  8. 14.8 You, the Customer will be responsible for paying all packing and delivery costs for your item or items and ensuring that your item or items are fully insured for delivery to Us. We refer you to clauses 11 and 12 of these Conditions which set out the limit of our responsibility for loss and damage and insurance.
  9. 14.9 Your right to cancel is set out in clause 16.1 below. We will need to receive your request to cancel within seven (7) days from the day after the date of the contract.
  10. 14.10 You will lose your right to cancel the contract for this service under the Distance Selling Regulations if You agree that We can commence providing Services before the expiry of 7 (seven) working days from the day after the contract was formed.

15. SERVICES – FOR OUR VALUATION AND SALE SERVICE

  1. 15.1 We offer a service to our customers for the valuation and potential sale of an item or items as a Product or Products on our Website.
  2. 15.2 You can contact Us about this service by either:
    1. (a) Contacting Us by telephone (+44 (0)7809 502 714) or by email: Michele@personaljewellerylondon.co.uk; or
    2. (b) Send your jewellery, watch or clock to Us for assessment.
  3. 15.3 We can only consider selling an item if We value the item to have a valuation figure of £1,000.00 (one thousand pounds sterling) or above. If You are unsure about the value of your item please do contact Us before sending the item or items to Us. You agree that our decision on the value of the item is final, and inclusion of any item or items on www.personaljewellerylondon.co.uk is at our discretion.
  4. 15.4 How is the contract formed between us? The contract between You and Us will only be formed once the following steps have been completed:
    1. (a) We will send you an email setting out the terms that we are offering to perform.
    2. (b) You will either send us an email to michele@personaljewellerylondon.co.uk. or call us on (+44 (0)7809 502 714) accepting our terms. The contract will then be effective once you have accepted the content of our email setting out our terms.
  5. 15.5 In the event that the full valuation and sale service offered by Us and accepted by You, We will then proceed to provide the following service for £200.00 (two hundred pounds sterling per item):
    1. (a) “face-to-face assessment” of the item;
    2. (b) full valuation report;
    3. (c) photography of the item; and
    4. (d) marketing and display of the item on www.personaljewellerylondon.co.uk for a period of time to be agreed between You and Us.
  6. 15.6 Payment of this service can only be arranged direct with Personal Jewellery and cannot be paid for on the Website. We will ask You to pay Us £50.00 (fifty pounds sterling) as a non-refundable deposit prior to the commencement of the “face-to-face assessment” and will require the balance of £150.00 (one hundred and fifty pounds sterling) to be paid before commencing steps 15.5 (b) to (d) above.
  7. 15.7 You, the Customer will be responsible for paying all packing and delivery costs for your item or items and ensuring that your item or items are fully insured for its delivery to Us.
  8. 15.8 Your right to cancel is set out in clause 16.1 below. We will need to receive your request to cancel within seven (7) days from the day after the date of the contract. If You decided that You no longer wish to proceed with the sale of the item or items, We will need to be notified both within seven (7) days from the day after the date of the contract and before the sale of the item or items. Subject to your statutory rights, We will also ask to be paid for any amounts owed to Us in accordance with clauses 15.5 and 15.6 for any services that we have already performed. In the event that We are returning an item or items to you, we refer you to clauses 11 and 12 which cover our responsibility for loss and damage and insurance.
  9. 15.9 You will lose your right to cancel the contract for this service under the Distance Selling Regulations if You agree that We can commence providing Services before the expiry of 7 (seven) working days from the day after the contract was formed.

16. YOUR CONSUMER RIGHTS- HOW DO I CAN CANCEL A CONTRACT FOR A SERVICE YOU OFFER?

  1. 16.1 Subject to clause 16.3, You are entitled to cancel a contract for Services offered by Us provided that You have notified Us in writing no later than 7 (seven) working days after the day on which the contract is concluded, that You wish to cancel the contract.
  2. 16.2 If You wish to exercise your right to cancel the contract for Services You must inform Us of this intention by one of the following methods:
    1. (a) by leaving a notice of cancellation. Notice by this method will be taken to have been given on the day on which it was left.
    2. (b) by sending notice of cancellation. Notice by this method will be taken to have been given on the day on which it is posted.
    3. (c) by emailing michele@personaljewellerylondon.co.uk. Notice by this method will be taken to have been given on the day on which it is sent.
  3. 16.3 You will lose your right to cancel the contract for this service under the Distance Selling Regulations if You agree that We can commence providing Services before the expiry of 7 (seven) working days from the day after the contract was formed.

17. OUR STATUS

  1. 17.1 We may also provide links on our Website to the websites of other companies, whether affiliated with Us or not. We cannot give any undertaking that items You purchase from third party sellers through our Website, or from companies to whose site we have provided a link on our Website, 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. If You would like information about your legal rights You should contact your local trading standards or citizens advice bureau. We will notify You when a third party is involved in a transaction, and we may disclose Your personal information related to that transaction to the third party seller.

18. PRICE AND PAYMENT

  1. 18.1 The prices for Services, the cost of delivery charges and any tax due is stated on our Website where possible. For provision of additional Services and specific commissions We will provide an estimate direct to You.
  2. 18.2 VAT is not charged on the price of Services.
  3. 18.3 Service charges are liable to change at any time, but changes will not affect agreements for Services that have already been commenced.
  4. 18.4 Payment for all Services must be by credit or debit card, by cheque or in cash direct to Us. We accept payment with the following credit and debit cards- Mastercard, Visa Delta, Maestro and Visa Debit.

19. OUR REFUNDS POLICY

  1. 19.1 Subject to Clause 16.3, if You cancel a Service with Us, because You have cancelled the Contract between Us within the seven-day cooling-off period (see clauses 13.7, 14.9, and 15.8 above), We will process the refund due to You as soon as possible and, in any case, within thirty (30) days of the day on which You gave Us notice of cancellation. In this case, we will refund the price of the Service in full, and any applicable delivery charges or tax.
  2. 19.2 We will usually refund any money received from You using the same method originally used by You to pay for your purchase.

20. INTELLECTUAL PROPERTY AND OUR RIGHT TO USE

  1. 20.1 All copyright, trademarks and all other intellectual property rights in all content, photographs and images displayed on the Website shall remain at all times vested in Us or our licensors.
  2. 20.2 In the event that You want to use any of the Website content You must first contact Us and obtain our prior agreement in writing.
  3. 20.3 You agree that the imagery, photographs and content on the Website are made available for your non-commercial and personal use only. Any other use commercial or otherwise is strictly prohibited.

21. OUR LIABILITY

  1. 21.1 Subject to clause 21.3, if we fail to comply with these Conditions, we shall only be liable to You for the purchase price of the Service and, subject to clause 21.2, any losses that You suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
  2. 21.2 Subject to clause 21.3, we will not be liable for losses that result from our failure to comply with these Conditions that fall into the following categories even if such losses result from our deliberate breach:
    1. (a) loss of income or revenue;
    2. (b) loss of business;
    3. (c) loss of profits;
    4. (d) loss of anticipated savings;
    5. (e) loss of data; or
    6. (f) waste of management or office time.

    However, this clause 21.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 22.2.

  3. 21.3 Nothing in this agreement excludes or limits our liability for:
    1. (a) death or personal injury caused by our negligence;
    2. (b) fraud or fraudulent misrepresentation;
    3. (c) any breach of the obligations implied by section 12, 13, and 14 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
    4. (d) defective products under the Consumer Protection Act 1987; or
    5. (e) any deliberate breaches of these terms and conditions that would entitle You to terminate the Contract; or
    6. (f) any other matter for which it would be illegal for Us to exclude or attempt to exclude our liability.
  4. 21.4 Where You buy any Services from a third party seller through our Website, the seller’s individual liability will be set out in the seller’s terms and conditions.

22. WRITTEN COMMUNICATIONS

  1. 22.1 Applicable laws require that some of the information or communications we send to You should be in writing. When using our Website, 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.

23. NOTICES

  1. 23.1 All notices given by You to Us must be given to Michele Franklin at michele@personaljewellerylondon.co.uk. We may give notice to You at either the email or postal address You provide to Us when placing an order, or in any of the ways specified in clause 22 above. 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 email was sent to the specified e-mail address of the addressee.

24. TRANSFER OF RIGHTS AND OBLIGATIONS

  1. 24.1 The contract between You and Us is binding on You and Us and on our respective successors and assignees.
  2. 24.2 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.
  3. 24.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

25. EVENTS OUTSIDE OUR CONTROL

  1. 25.1 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).
  2. 25.2 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:
    1. (a) strikes, lock-outs or other industrial action;
    2. (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    3. (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    4. (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    5. (e) impossibility of the use of public or private telecommunications networks;
    6. (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
  3. 25.3 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.

26. WAIVER

  1. 26.1 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 Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
  2. 26.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
  3. 26.3 No waiver by Us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 25 above.

27. SEVERABILITY

  1. 27.1 If any court or competent authority decides that any of the provisions of these Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

28. ENTIRE AGREEMENT

  1. 28.1 These Conditions and any document expressly referred to in them constitute the whole agreement between You and Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
  2. 28.2 We each acknowledge that, in entering into a Contract, neither You nor Us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
  3. 28.3 Both We and You agrees that our only liability in respect of those representations and warranties that are set out in these Conditions (whether made innocently or negligently) will be for breach of contract.
  4. 28.4 Nothing in this clause limits or excludes any liability for fraud.

29. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  1. 29.1 We have the right to revise and amend these 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.
  2. 29.2 You will be subject to the policies and Conditions in force at the time that You order Services from Us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You for Services), or if we notify You of the change to those policies or these Conditions before We enter into an agreement with You (in which case we have the right to assume that You have accepted the change to the Conditions).

30. LAW AND JURISDICTION

  1. 30.1 Contracts for the purchase of Services through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

31. THIRD PARTY RIGHTS

  1. 31.1 A person who is not party to these Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.