The following terms and conditions apply to all transaction on www.jewellerycave.co.uk and your use of the Website itself. To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email our customer services department BEFORE you place the order. When you use the Web Site, you agree to accept these terms and conditions. You are advised to print and retain a copy of the terms for your records.
By placing an Order and purchasing goods from JewelleryCave.co.uk (a part of the Jewellery Cave Limited Group) you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities. These are the Standard Terms and Conditions of Sale of Jewellery Cave Limited, 48b Hendon Lane, Finchley, London N3 1TT. Registered in England and Wales number: 06616633 (“the Seller”, “the Company”, “We” or “Us”) for certain products as set out in the pages on this site (“the Goods”).
In accordance with the provisions of The Consumer Protection (Distance Selling) Regulation 2000, you have the right to withdraw from this transaction. Details of your right to withdraw can be found in Clause 11 below.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
‘Delivery Area’ means all postal address in the United Kingdom.
‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
‘Web Site’ our presence on the world wide web, currently accessible via the address www.jewellerycave.co.uk.
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Use of the Site
2.1 You confirm that you are at least 18 years old or you are under the supervision of a parent or guardian. The Web Site grants you a limited and revocable license to use our Site for the purpose of shopping for personal items and not for any commercial or other use.
2.2 The rights in the designs and the content of this Website are owned by Basel & Company The Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, written consent.
2.3 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders or portions thereof, in our sole discretion, if we determine that any customer conduct violates applicable law or is harmful to the interests of the Company.
2.4 You are prohibited from uploading to, posting on or transmitting through the Web Site any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, Trojan Horses or other harmful code or properties.
2.5 If you use the Web Site, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur using your account information.
3. Basis of the sale
3.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
3.2 No Order submitted by you shall be deemed to be accepted by us unless confirmed by e-mail or in writing by us.
3.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
3.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
4.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
4.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
4.3 All payments to Jewellery Cave LTD London are handled securely by Secure Trading (Internet Service Payment Providers). Secure Trading accept payment by Visa, Visa Delta, Visa Electron, MasterCard, Maestro and solo (and any other card agreed by them from time to time). Payment will be debited from your card or account before the dispatch of the goods you have purchased. Upon processing a transaction, Secure Trading will issue you with an electronic transaction receipt which will be sent to the email address you provide.
4.4 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
4.5 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
4.6 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
4.7 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
5. Price of the goods
5.1 All prices are shown on the Website in £ sterling (GBP). All payments which will include all taxes, delivery, shipping and handling fees are authorised by Secure Trading and only cards accepted by Secure Trading can make payments.
5.2 All prices are as stated on the Website but Jewellery Cave reserves the right at any time to revise the price of goods without notice.
6. Terms of payment
6.1 Upon providing us with details of the Payment Card and submitting the Order you :
6.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
6.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
6.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
6.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 11, we shall credit the Payment Card with the appropriate amount.
6.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
7.1 Delivery of the Goods shall be made by our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
7.2 We will do all that we reasonably can to meet the date given for delivery. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 10 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
7.3 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
7.4 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
8. Risk and property
8.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
8.2 Subject to the provisions of clause 11 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
9. Termination and Effect of Termination
9.1 We may, at our sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to modify, suspend or discontinue any or all aspects of the Site at any time without prior notice.
10. Warranties and liability
10.1 Jewellery Cave LTD London are unable to provide any warranties in relation to goods provided over and above its statutory obligation to provide goods of satisfactory quality in accordance with the Sale of Goods Acts 1979 as amended by the Supply of Goods and Services Act 1994. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
10.2 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to us within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
10.3 Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on
reasonable inspection, you are entitled to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
replace the Goods (or the part in question) free of charge or
at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
10.4 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
10.5 The Web Site may contain links to other sites that are owned and operated by other parties. We assume no responsibility for the contents of any other web sites to which this Web Site has links.
10.6 Products offered for sale on the Web Site and the transactions conducted upon and through it are provided to you on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content or products presented on the Site. To the extent allowed by law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. We may include inaccuracies, mistakes or typographical errors.
10.7 To the extent allowed by law, we will not be liable for any damages of any kind arising from your use of the Site including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages.
10.8 Typographical Errors. Prices and availability of products and services are subject to change without notice. In the event a product is listed at an incorrectly (price or information due to typographical error or error in pricing or product information), we will have the right to refuse or cancel any orders placed for such product whether or not the order has been confirmed and whether or not your credit card has been charged. If you were charged for the purchase and your order is cancelled, we will issue a credit to you in the amount of the charge. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.
11. Returns and Refunds
11.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.
11.2 During the cooling off period any cancellation must be given by written notice by either party.
11.3 Goods must be returned complete and undamaged to:
Jewellery Cave LTD London (Returns)
48b Hendon Lane
London N3 1TT
The goods are your responsibility until they reach us. For your own protection, we recommend that you send the goods using a recorded delivery service that can be tracked and insures you for the value of the goods.
11.4 The right to cancel this contract will not apply in respect of:
– Earrings and Naval Bars where the security seal has been broken (due to Hygiene Laws)
– Personalised Goods or Custom Goods made to your exact specification e.g. finger size, personal engraving.
12.1 Any communication sent electronically by e-mail or otherwise:
12.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
12.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
12.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
12.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
12.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
13.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
13.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
13.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
13.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
13.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
13.6 Please direct all questions or comments to:
Jewellery Cave LTD
48b Hendon Lane
London N3 1TT
13.7 The headings in these Conditions are for convenience only and will not affect their interpretation.
13.8 We reserve the right to amend these terms and conditions at any time.