Some basics you should know about these Terms and Conditions:
What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are British Gem and we are the operator of this website. We are a company registered in England with our registered office at 11, Key Hill, Hockley, Birmingham, B18 5NZ, England (and we refer to ourselves as "British Gem”, "britishgem.co.uk", "we", "us" or "our" in this document). Our company registration number is [registration number here]
Your acceptance of this agreement, please read this agreement carefully:
By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
Your statutory rights:
As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
In this Agreement, we use various defined terms. These are stated below in section 1 and range from 1 through to 1.10.
1.1 "Buyer" means the individual or organisation that buys or agrees to buy goods from the Seller for the purpose of their business, trade or profession and not for private use or consumption.
1.2 "Contract" means a the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.3 "Goods" means the articles the Buyer agrees to buy from the Seller
1.4 "Seller" means British Gem
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.6 "Carrier" means any delivery service used for the purpose of transporting goods to The Buyer.
1.7 "Returns Policy" refers to the Returns Policy found at http://www.britishgem.co.uk/returns/voucher-returns or http://www.britishgem.co.uk/returns/standard-goods
1.8 "Voucher” means a voucher which is subject to the Voucher Conditions and which allows the Purchaser to redeem it via the Advertiser in exchange for Voucher Products offered by the Advertiser.
1.9 “Voucher Code” means a code on the Voucher that the Advertiser may use to cross reference the redemption of Vouchers to avoid duplication.
1.10 “Discount code” means a code that can be redeemed via the advertiser’s for a specific reduction in price.
1.11 “Partner” means person(s) or company(s) associated with another or others as a principal or a contributor.
1.12 "FREEBIE" or "FREE" or "£0.00" Is a product supplied in single units where by you do not pay for the product but do pay for the postage of the item. These are limited to one per order.
2.1 Nothing in these terms and conditions shall affect the Buyers statutory rights.
2.2 These Terms and Conditions shall apply to all contracts for Sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication to/from the Buyer.
2.3 Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3.1 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where goods ordered by the Buyer are not available from stock, the Buyer will be contacted for advice, if contact cannot be made, the order may be held until such a time where contact is made or substitute product(s) will given to the value of the deficit.
3.3 No extra goods shall be added to orders after they have been purchased by the Buyer.
3.4 No order shall have more the 1 (one) (single unit) FREEBIE item. If more than one item is added the first FREEBIE to appear on the order will be sent. No other shall be sent.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price is inclusive of VAT but exclusive of postage and packing.
4.2 The total purchase price, including VAT and delivery charges if any will be displayed in the Buyer's basket.
4.3 The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered (or substitutes) can not be supplied and/or a different postage tariff has to be applied.
4.4 Payment for goods must be received and authorised before dispatch. The Seller will delay dispatch until such a time that payment has fully cleared with the required credentials.
4.5 The Seller reserves the right to request identification to verify any transaction(s) considered high risk and delay dispatch until such a time that the Seller has confirmation from both the Buyer and the card issuing bank and/or Paypal that the transaction is not fraudulent. The Seller will only dispatch to PayPal account addresses which are deemed Confirmed within the areas PayPal states.
4.6 The Seller reserves the right to delay dispatch for orders completed with incorrect details on account of the Buyer until information has been provided to prove otherwise. The Seller reserves the right to refuse a refund until such a time.
4.7 The Seller accepts payment for orders by Credit/Debit Card and PayPal only. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
4.8 If after making contact with the Buyer, payment or in the case of Credit/Debit Card authorisation is not received within 3 days the Buyer's order will be cancelled without further notice.
4.9 All payments are to be made by the Buyer in Pounds Sterling.
4.10 Credit/Debit card information for the purpose of making a payment can be given to the Seller via phone, fax or through the Seller's secure payment portal which encrypts the information given.
4.11 All Credit/Debit card transactions are logged against address and IP address and are processed in accordance with the Data Protection Act. Any fraudulent transactions will be logged and full co-operation upon request with lawful authorities will be made. We reserve the right to refuse a refund regarding any transaction deemed fraudulent.
4.12 "FREEBIE" or "FREE" or "£0.00" Items are strictly limited to one per transaction.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.
6.1 Goods supplied within the UK Mainland excluding Highlands & Islands will be dispatched on a the same day providing that payment is authorised immediately and the order is placed before 2pm. Orders which do not meet these requirements or require intervention of any kind due to problems may take longer.
6.2 Goods supplied outside European mainland will only be sent on discretion of the Seller and will be delivered within the times of the postal service arranged between the Buyer and the Seller.
6.3 The Seller reserves the right to alter delivery times and prices without notice.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, the delivery time is the responsibility of the Carrier and therefore time of delivery shall not be the responsibility of the Seller where the Seller has adhered to an agreed time. Furthermore the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.
6.5 Delivery of the Goods shall be made to the Buyer's address specified in the order. The Buyer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery in accordance with the Sales of Goods Act. The Seller shall not be liable for any parcels left with a 3rd party.
6.6 In the event of goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer. Goods returned for a refund in this manner, will be subject to a 10% re-stocking fee.
6.7 The title and risk in the goods shall pass to the Buyer upon delivery and the Seller will not be liable for their loss or destruction from this point on.
6.8 It is the Buyer's responsibility to notify the Seller of non-delivery within 48 hours of expected delivery time.
6.9 The Seller will accept no responsibility if incorrect details are given when ordering. Responsibility lies solely with the Buyer to make sure that any details given are correct.
7. CANCELLATION AND RETURN POLICY
7.1 The Buyer must inform the Seller by phone or email within 24hrs or by 16:00 GMT on the day of processing (whichever is sooner) if they wish to cancel their order. The Seller reserves the right to charge the Buyer a 10% re-stocking fee if their order is cancelled after the time limit. Orders cannot be cancelled once they have been dispatched.
7.2 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by phone or email within 14 working days of delivery if goods are defective or damaged or unsuitable. Incorrect quantities must be made known to the Seller within 48hrs. The Seller shall have no liability to make right the same if notification is not received within the specified time periods.
7.3 The Seller will check that all items sent out meet the best possible standard and that no goods are sent out damaged, faulty or of an incorrect quantity. Breakages or faulty items will be replaced in accordance to the Returns Policy.
7.4 The Buyer may be responsible for the expense of returning items according to the Returns Policy of the Seller unless a prior agreement has been reached at discretion of management.
7.5 The Buyer is responsible that all items returned are in the condition in which they were sent complete with boxes, manuals, instructions, guarantees and any other packaging where applicable.
7.6 The Seller will process all returns within a maximum of 30 days of receiving the goods in the condition in which they were sent, in accordance with relevant paperwork detailed in the Returns Policy. The Seller shall be under no obligation to process a return if these conditions are not met.
7.7 The Seller will not accept returns for any individual pierced products or pierced products that are part of jewellery set with the exception that it is broken and/or unworn.
7.8 Complete orders returned as 'unsuitable' by the Buyer will be subject to a 10% re-stocking fee in accordance with the Returns Policy
7.9 We (the seller) reserve the right to cancel or refund any order up until the customer has received the order. Only when the customer has signed for the delivery of their order do we enter a contract.
8.1 All images on this website remain the property of the Seller, expressed permission is required for any person(s) wishing to use them externally for whatever purpose(s). No image shall be manipulated, copied, credited to or passed to 3rd party without the expressed permission of the Seller.
9.1 As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service and Vouchers as well as other promotional offers. You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.
10.1 Neither we nor any other Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
10.2 Expiry, as every Voucher will have two redemption options, each redemption option will likely have its own expiry period. The expiry date will be listed on the partner advertisement as well as your Voucher. This expiry date will vary depending on the Voucher you have purchased but it will expire on the date specified on the Voucher.
10.3 Vouchers redeemed are redeemable in their entirety only and may not be redeemed incrementally. Although it should never happen, if, for whatever reason, the Voucher is redeemed with a us for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed.
10.4 Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion.
11.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. FORCE MAJEURE
12.1 The seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provisions eliminated.
14. CHANGES TO TERMS AND CONDITIONS
14.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right should not affect existing Terms and Conditions accepted by the Buyer upon making a purchase.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of England and the parties hereby submit to the exclusive jurisdiction of the English courts