Terms and Conditions Of Use
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A
COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1
These terms of sale apply to all goods supplied by Her Jewellery Box (the "Supplier",
or "we", or "our").
1.2
Any order placed by you for goods advertised on our website is an offer by you to
purchase the goods selected in your order. No contract exists between you and us
for the sale of any goods until we have received your order and accepted it (which
we may do at our discretion).
1.3
We will send you an order acknowledgement shortly after you place your order, notifying
you that we have received your order. This acknowledgement is not notification that
we have accepted your order.
1.4
If we accept your order, we will notify you by email that we have accepted it prior
to dispatch of the goods. If we cannot accept your order (for example (but without
limitation) because the goods are found to be unavailable) we will notify you by
telephone or email.
1.5
In the event that, after we accept your order, we discover that the goods ordered
are unavailable or that there was a pricing error on our website in respect of the
goods ordered, we reserve the right not to supply the goods ordered and to offer
you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6
The contract is subject to your right of cancellation (see condition 7 below).
1.7
We have the right to terminate the contract if the price of the goods is not received
from you in cleared funds (in accordance with condition 3.1).
1.8
The Supplier may change these terms of sale without notice to you in relation to
future sales.
2. Description and price of the goods
2.1
The description and price of the goods you order will be as shown on the Supplier´s
website at the time you place your order.
2.2
If after acceptance of your order we discover within 14 days of such acceptance
that all of the goods are unavailable, we may terminate the contract and refund
or re-credit you within 7 working days for any sum that has been paid by you or
debited from your credit card for those goods. In these circumstances, we will inform
you as soon as possible.
2.3
If within 7 days of our acceptance of your order we discover that some but not all
of the goods are unavailable, we will no longer supply those unavailable goods.
In these circumstances we will contact you detailing the goods that are unavailable
and offer you the option of cancelling the whole order or amending your order to
substitute the unavailable items with alternative goods. If you have not cancelled
the order within 14 days of receipt of such notice, we will deliver the available
goods in accordance with condition 4 below. We will refund or re-credit you for
any sum that has been paid by you or debited from your credit card in respect of
the unavailable goods or cancelled order (if you have cancelled it).
2.4
Every effort is made to ensure that prices shown on the Supplier´s website are accurate
at the time you place your order. If prior to concluding the contract a pricing
error is found in respect of any or all of the goods you have ordered, we will notify
you as soon as possible detailing the mis-priced goods and offering you the option
of:
2.4.1
placing a new order at the correct price for those goods;
2.4.2
cancelling the whole of your order; or
2.4.3
cancelling your order for the mis-priced goods and reconfirming your order for the
correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting
one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire
order will be cancelled automatically and the Supplier will refund or re-credit
you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract
with you continues and we will deliver the correctly priced goods but we will not
be obliged to supply you with the mis-priced goods. In these circumstances we will
refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5
To avoid any doubt, where goods are unavailable and you order alternative goods
from us, or where goods have been mis-priced and you subsequently order such goods
at the correct price, these terms of sale shall apply to the order and the supply
of the relevant goods, whether the order is placed through our website or otherwise.
2.6
In addition to the price, you may be required to pay a delivery charge for the goods,
details of which are clearly displayed on our website at the point that you place
your order.
3. Payment
3.1
Payment for the goods and delivery charges can be made by any method shown on the
Supplier´s website at the time you place your order. Payment shall be due before
the delivery date and time for payment shall be a fundamental term of this agreement,
breach of which shall entitle the Supplier to terminate the contract immediately.
3.2
There will be no delivery until cleared funds are received.
3.3
Payments shall be made by you without any deduction whatsoever unless you have a
valid court order requiring an amount equal to such deduction to be paid by the
Supplier to you.
4. Delivery
4.1
The goods you order will be delivered to the address you give when you place your
order, except that some deliveries are not made outside the United Kingdom. If after
your order has been dispatched you require your order to be delivered to an alternative
address a charge of £10 will be required. (A redirection approval is subject to
your order and account status)
4.2
Orders placed before 5.00 pm on a working day will be processed that day and will
be delivered as per the requested delivery option provided no additional security
checks are required and all stock items are available. (A working day is any day
other than weekends and bank or other public holidays.)
4.3
If delivery cannot be made to your address for reasons under the Supplier´s control
the Supplier will inform you as soon as possible.
4.4
If you deliberately fail to take delivery of the goods (otherwise than by reason
of circumstances under control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier may:
4.4.1
store the goods until actual delivery and charge you for reasonable costs (including
insurance) of storage; or
4.4.2
sell the goods at the best readily obtainable price and either (a), where you have
not already paid for the goods in question, account to you (after deducting all
reasonable storage and selling expenses) for any excess over the price you agreed
to pay for the goods or charge you for any shortfall below the price you agreed
to pay for the goods or (b), where you have already paid for the goods in question,
account to you (after deducting all reasonable storage and selling expenses) for
any proceeds received.
4.5
If you fail to take delivery because you have cancelled your contract under the
Distance Selling Regulations the Supplier shall refund or re-credit you within 30
days for any sum that has been paid by you or debited from your credit card for
the goods. On exercising your right to cancel you shall be required to return the
goods to the Supplier. Should you fail to return the goods, the Supplier reserves
the right to deduct any direct costs incurred by the Supplier in retrieving the
goods as a result of such failure.
4.6
Every effort will be made to deliver the goods as soon as possible after your order
has been accepted. However, the Supplier will not be liable for any loss or damage
suffered by you through reasonable or unavoidable delay in delivery. In this case,
the Supplier will inform you of any delay as soon as possible and will give you
the option of cancelling your order at this point.
4.7
Upon receipt of your order you will be asked to sign for the goods received in good
condition. If the package does not appear to be in good condition then please refuse
the delivery. If you are unable to check the contents of your delivery at the point
of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may
affect any warranty claims that you make thereafter.
5. Your right of cancellation
5.1
You have the right to cancel the contract at any time up to 10 days after you receive
the goods (see below). Please note that this policy has some limitations and does
not apply to business customers.
5.2
To exercise your right of cancellation, you must give written notice to the Supplier
by hand, post or the enotes section of our website, giving details of the goods
ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
5.3
Except in the case of faulty or misdescribed goods, if you exercise your right of
cancellation after the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost. The goods must be returned
to the address shown within the Returns on Line section of the Supplier's website.
You must take reasonable care to ensure the goods are not damaged in the meantime
or in transit. In the case of faulty or misdescribed goods the Supplier shall, after
receiving notification in accordance with condition 8.4, 8.5 or 8.6, either collect
the goods from you or ask you to return the goods to the Supplier in accordance
with the Supplier's Returns procedure (see condition 12 below).
5.4
Once you have notified the Supplier that you are cancelling the contract, the Supplier
will refund or re-credit you within 30 days for any sum that has been paid by you
or debited from your credit card for the goods.
5.5
Except in the case of faulty or misdescribed goods, if you do not return the goods
as required, the Supplier may charge you a sum not exceeding the direct costs of
recovering the goods.
5.6
You do not have the right to cancel the contract if the order is for computer software
which has been unsealed by you, or for consumable goods which, by their nature,
cannot be returned, save where a fault is discovered which could not have been discovered
otherwise than by unsealing the goods.
6. Limitation of Liability
6.1
If you are a consumer the Supplier shall not be liable to you for any loss or damage
in circumstances where:
6.1.1
there is no breach of a legal duty owed to you by the Supplier or by its employees
or agents;
6.1.2
such loss or damage is not a reasonably foreseeable result of any such breach;
6.1.3
any increase in loss or damage resulting from breach by you of any term of this
contract.
6.2
Nothing in these conditions excludes or limits the liability of the Supplier for
death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
If you are a business customer the Supplier shall not be liable to you for any indirect
or consequential loss or damage (whether for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection with this agreement.
6.2.1
loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated
savings or loss of revenue even when advised of the possibility; or
6.2.2
any indirect or consequential losses, liabilities or costs.
6.3
If you are a business customer then the aggregate liability of the Supplier (whether
in contract or for negligence or breach of statutory duty or otherwise howsoever)
to you for any loss or damage of whatsoever nature and howsoever caused shall be
limited to and in no circumstances shall exceed the price of the goods in question.
6.4
Data Protection - The Supplier will take all reasonable precautions to keep the
details of your order and payment secure but unless the Supplier is negligent, the
Supplier will not be liable for unauthorised access to information supplied by you.
6.5
Images - Product images are for illustrative purposes only and may differ from the
actual product.
7. Returns
7.1
For all details of the Supplier´s returns policy and procedures see our returns
policy.
7.2
In particular, please note that any items returned to us which you claim to be faulty
or incomplete are checked and verified by our technicians. Any returned items that
are found not to be faulty or incomplete will be returned to you and we shall be
entitled to charge you for the return carriage costs via your original payment method.
In the event that your credit card has expired, or is declined we will hold the
item(s) until full payment has been made for the return carriage.
7.3
Any items that you return to us are at your own risk, therefore we strongly advise
all our customers to take reasonable care when returning any items to us for example,
by ensuring the goods are correctly addressed, adequately packaged, and carried
by a reputable carrier.
8. Governing Law and Jurisdiction
8.1
These terms of sale and the supply of the goods will be subject to English law and
the English courts will have jurisdiction in respect of any dispute arising from
the contract.