Personal Jewellery – Website Terms and Conditions

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 product or products (Products) 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 ordering any Products from our Website.You should understand that by ordering any of our Products, You agree to be bound by these Conditions.

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

Please click on the button marked “I Accept” next to the link to the Conditions if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from our Website.

Nothing in the Conditions shall affect your statutory rights.

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; “Product Description” means the section of the Website where certain terms and conditions in respect of a specific Product are provided; “Website” means the website located at www.personaljewellerylondon.co.uk or any subsequent URL that may replace it; “We/Us” means the seller 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’, who offer Products for sales as displayed on the Website including new, commissioned and antique jewellery, watches and clocks.
  2. 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.

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

  3. 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 orders that You place either for Products is placed by You in 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 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 products 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 from addresses or individuals outside of the Serviced Country.

7. DELIVERY- WHERE DO WE DELIVER TO?

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

8. Your status

  1. 8.1 By placing an order through our Website, 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 country.

9. Purchase of products for sale on our website

  1. 9.1 We sell a wide variety of modern, contemporary and antique Products on our Website. The description, and purchase price for each of the Products is displayed on our Website under the relevant Product Description.
  2. 9.2 How is the contract formed between You and Us? We have set out below the various steps necessary to form the contract between You and Us for the purchase of our Product/s:
    1. (a) To proceed with the purchase of our Product/s You will click the “Add to Basket” button next to the Product Description on the Website;
    2. (b) You will be able to amend your order of the Product or Products when the Product or Products are in the ‘basket’ by using the various simple tools available on this page of the Website.
    3. (c) The selected Product will then be viewable in the ‘basket’ on the Website- You will place the order for the selected Product by pressing the “Confirm Order” button at the end of the checkout process.
    4. (d) You will be guided through this process by means of simple instructions once You have placed a Product or Products in the ‘basket’ on the Website.
    5. (e) After placing an order, You will receive an e-mail from Us acknowledging that We have received your order.  Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Product or Products.  All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Product is available and is about to be dispatched (Dispatch Confirmation).  The contract between Us (Contract) will only be formed when We send You the Dispatch Confirmation.
  3. 9.3 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  4. 9.4 The Contract will be concluded in English and the currency shall be pounds sterling.
  5. 9.5 Why might an order not be accepted by Us?
    1. (a) There are number of reasons why We may not be able to accept your order. It may be because:
    2. (b) The Product or Products You ordered were unavailable; or
    3. (c) We were unable to obtain authorisation for your payment; or
    4. (d) We noticed that there was a pricing or Product’s or Products’ error; or
    5. (e) Your status does not meet the requirements as set out in “Your Status” in these Conditions.
  6. 9.6 How do You find out more information about an order that You have placed with Us?
    1. (a) If You require any information regarding orders that You have placed for Product/s displayed on our website please contact Us by telephone on (+44 (0)7809 502 714), or by email: michele@personaljewellerylondon.co.uk.
  7. 9.7 Description of Products on the Website
    1. (a) Each of our Products is sold subject to its Product Description which displays an image, together with all known and available information as is reasonable on the age, material and price for each Product. We take all reasonable care to ensure that the content of the Product Description is correct and accurate at the time it was entered onto the Website. Though We take every step to ensure that the all information is accurate We cannot guarantee that the position will always be accurately reflected at the time that You place your order.
    2. (b) Second hand and antique goods: Some of the Products displayed for sale on the Website are second hand or antique. This means that they are rarely in perfect condition, and are likely due to their nature and age, to show signs of wear and tear, damage, other imperfections, flaws, restoration, or repair, for which We shall not be liable and You accept and acknowledge. We will take all reasonable care to ensure that any detail specific to the Product being second hand or antique is reflected in the applicable Product Description.
  8. 9.8 Your consumer rights- How do I can cancel a contract for the purchase of a Product or Products?
    1. (a) You are entitled to cancel this contract under the Distance Selling Regulations (2000) (‘Distance Selling Regulations’) provided that You write to Us no later than 7 (seven) working days after the day on which You have received the Product or Products relating to this contract.
    2. (b) If You wish to exercise this right, You must inform Us of this intention by one of the following methods:
      1. (i) 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. (ii) by sending notice of cancellation. Notice by this method will be taken to have been given on the day on which is it posted.
      3. (iii) 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.
  9. 9.9 If You wish to exercise this right, and following our receipt of the Product or Products in accordance with clause 9.11, we will refund the original purchase price as stated on the Website with the Product/s Description and any tax and/or delivery costs paid for by You on ordering the Product/s, provided that the Customer have notified Us in writing no later than 7 (seven) working days after the day on which You have received the Product or Products.
  10. 9.10 If You cancel the contract under the Distance Selling Regulations, You must take reasonable care of the Product or Products from the time You receive the Product or Products until the time You return the Product or Products to Us.
  11. 9.11 If You cancel the contract under the Distance Selling Regulations, You are responsible for the delivery and cost of delivery of the Product or Products to Us. The Product or Products should suitably and securely packaged by You and sent to Us by the Royal Mail Special Delivery service (http://www.royalmail.com/delivery/business-delivery-options-uk/special-delivery-next-day). We advise that you purchase the additional insurance cover as required, dependent on the value of the Product or Products.
  12. 9.12 Your right to return the Product or Products  does not apply to  a Product or Products which have been  made to your specification, design or as a personalised Product or Products unless they are faulty or not as described.
  13. 9.13 Details of Your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your other statutory rights as a consumer.
  14. 9.14 Please see our “refund policy” for further information, set out at clause 15 below.

9. Purchase of products for sale on our website

  1. 10.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

11. Risk and title

  1. 11.1 The Product or Products will be your responsibility from the time of delivery.
  2. 11.2 Ownership of the Products will only pass to You when We receive full payment of all sums due in respect of the Products, including delivery charges.

12. insurance

  1. 12.1 We use the Royal Mail Special Delivery service when We deliver a Product or Products to You. (http://www.royalmail.com/delivery/business-delivery-options-uk/special-delivery-next-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 a Product or Products up to £2,500.00 (two thousand five hundred pounds sterling) as required. This covers the transit of the Product or Products from Us to You. In the event of a claim, for example if the Product or Products is lost or damaged in transit,You will need to  make a claim  direct from Royal Mail.
  2. 12.2 For a Product or Products 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 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 Product.

13. Our status

  1. 13.1 We may 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.

14. Price and payment

  1. 14.1 The price of the Product or Products, the cost of delivery charges and any tax due will be as stated on our Website.
  2. 14.2 VAT is not charged on the Product or Products prices.
  3. 14.3 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 a Dispatch Confirmation.
  4. 14.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, We will charge the lower amount when dispatching the Product to You.  If a Product’s correct price is higher than the price stated on our Website, We will normally, at our discretion, either contact You for instructions before dispatching the Product, or reject your order and notify You that We are rejecting it.
  5. 14.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as an error, We do not have to provide the Products to You at the incorrect (lower) price.
  6. 14.6 Payment for all Products must be by credit or debit card.  We accept payment with Mastercard, Visa Delta, Maestro and Visa Debit.  We will not charge your credit or debit card until We dispatch your order.

15. Our refunds policy

  1. 15.1 If You return a Product to Us:
    1. (a) because You have cancelled the Contract between Us within the seven-day cooling-off period (see clause 9.8 above), We will process the refund due to You as soon as possible and, in any case, within 30 days of the day on which You gave Us notice of cancellation. In this case, We will refund the price of the Product in full, and any applicable delivery charges or tax. However, if You are cancelling the contract for purchase of a Product or Products You will be responsible for the cost of returning the Product or Products to Us.
    2. (b) because You want to exercise your statutory rights, We will examine the returned Product or Products on its or their return to Us and will notify You of your statutory rights by return.  You will be responsible for the cost of returning the Product or Products to Us.
  2. 15.2 We will usually refund any money received from You using the same method originally used by You to pay for your purchase.

16. Intellectual property and our right to use

  1. 16.1 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. 16.2 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. 16.3 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.

17. Our liability

  1. 17.1 Subject to clause 17.3, if We fail to comply with these terms and conditions, We shall only be liable to You for the purchase price of the Products and, subject to clause 17.2, 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. 17.2 Subject to clause 17.3 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 17.2 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 17.2.

  3. 17.3 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. 17.4 Where You buy any Product or Products from a third party seller through our Website, the seller’s individual liability will be set out in the seller’s terms and conditions.

18. Written communications

  1. 18.1 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.

19. Notices

  1. 19.1 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 e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 18 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 e-mail was sent to the specified e-mail address of the addressee.

20. Transfer of rights and obligations

  1. 20.1 The contract between You and Us is binding on You and Us and on our respective successors and assignees.
  2. 20.2 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. 20.3 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.

21. Events outside our control

  1. 21.1 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. 21.2 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
    7. (g) pandemic or epidemic.
  3. 21.3 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.

22. Waiver

  1. 22.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
  2. 22.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
  3. 22.3 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 19 above.

23. Severability

  1. 23.1 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.

24. Entire agreement

  1. 24.1 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 You and Us relating to the subject matter of any Contract.
  2. 24.2 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. 24.3 Nothing in this clause limits or excludes any liability for fraud.

25. Our right to vary these terms and conditions

  1. 25.1 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. 25.2 You will be subject to the policies and Conditions in force at the time that You order products from Us, unless any change to those policies or these 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 these 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 Conditions, unless You notify Us to the contrary within seven (7) working days of receipt by You of the Products).

26. Law and jurisdiction

  1. 26.1 Contracts for the purchase of a Product, or Products 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.

27. Third party rights

  1. 27.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.