Agreement
Between [Carol Webb & vintagejewelbox.co.uk] Website and you, the consumer, to use all aspects of this website.
Part A
1. General Information
i. We are [Vintage Jewel Box] and our address of establishment is at [Carol Webb, Dukeries Centre, Thoresby Park, Budby, Newark, Nottinghamshire, NG22 9EX].
ii. Our electronic mail address is [mail@vintagejewelbox.co.uk]
2. Formation of Contract
i.
Set out below is a useful summary of the steps which you must follow
in order to conclude a legally binding contract with us.
a. By
placing an order through this website, which contains information on
prices, together with a description of the products and services that
are available and an explanation of any promotional offers and method of
payment, you will be agreeing unconditionally to the terms and
conditions of use.
b. On completing the checkout process you will be
given the opportunity to submit an order to us by clicking on the
confirm order button that appears at the end of the process. On
receipt, we will send you notification by electronic mail that your
order has been processed. Upon receipt of such notification and
provided that you are able to access it, a legally binding contract will
have been formed between us. We reserve the right not to process your
order and accordingly we will notify you immediately by electronic mail
if this is the case.
c. If you do not wish to submit an order to us you should return to our homepage.
ii.
Please note that while we guarantee to send you a notification of
every valid order we receive from you, you will understand that we
cannot equally guarantee that the notification we send to you will be
received by you, nor that if it is received by you it is legible and
uncorrupted.
iii. These terms and conditions shall override any
contrary terms and conditions published by us or appearing on the
website in relation to any order placed by you with us.
iv. If there
are any problems with payment, these must be notified to us within 7
days of the date of the order. If there is any problem with any order
we deliver to you, you must notify us within 2 days of delivery. Failure
to comply with these notification dates will result in the order and
payment having been deemed to have been accepted.
3. Conditions of the use of this website and the online ordering service
i.
There are some situations where we cannot accept an order, and in the
order form you will be asked to identify if any of these are applicable
to you. You will ensure that your responses are not misleading or
inaccurate and accordingly your knowledge that we are reliant upon you
to complete the form accurately.
ii. You agree not to post or
transfer to our website (nor include in any message) any material which
is obscene, misleading, inaccurate, defamatory, illegal, in breach of
any copyright or any other intellectual property right, or damaging to
data, software, or the performance of our or any other party's
computer systems. You agree to indemnify us in respect of any
liabilities, losses, expenses, or other costs whatsoever incurred as a
result of the breach of your obligation under this condition, including,
but not limited to, any claims made against us by any third party.
iii.
The Data Protection Act 1998 is designed to protect individuals about
whom information is entered and stored on computer and other systems.
Accordingly, it lays down strict standards of accuracy, relevance and
care of such data, including how it may be divulged. Any data about
individuals you enter onto our website directly or included in any
message to us will be subject to the Act and you are responsible for
its accuracy and relevance and must have the authority to disclose it
and for us to utilise it for the purpose of any transaction included
for or by you through this website. If you are in any doubt about any
data, please feel free to email us with the details of the problem
first.
iv. In consideration of agreeing to your use of this website,
you acknowledge that the ownership of any intellectual property rights
including for the avoidance of doubt, copyright) in this website
belongs to us. Accordingly, any part of this website (or its source
code) may not be used, transferred, copied or reproduced in whole or in
part in any manner other than for the purpose of utilising this
website meaning that you may only display it on your computer screen and
print it out on your printer for the sole purpose of viewing its
contents.
v. You may only use the trademarks featured in our website
for the purpose of displaying this website on your computer screen or
printing out this website on your printer, in accordance with condition
2 (iii) above.
vi. We will collate the information which you give
us in the order form to provide you with our on-line ordering service.
By giving us this information, you consent to our use of it in order to
process your order and inform you about its progress. In addition, we
may provide this information to other companies who may be interested
in sending you details of the goods or services which they will be able
to offer to you. If you do not wish to have your details passed on to
such companies please signify using the appropriate box in your
personal details or as you register.
vii. Please be aware that to
the extent permitted by law and acceptance expressly provided for in
part b of these terms and conditions, we do not accept liability in
respect of this website, your use of it or our online ordering service.
viii. Use of this website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.
Part B
1. Description and Pricing
i.
Whilst we make every effort to ensure that our description and pricing
is correct, we cannot guarantee that such description and pricing will
always be accurate and we reserve the right to alter any description
and pricing without prior notification. Any experienced collector of
vintage will understand that the items on
this site are vintage and therefore have some wear commensurate with
age, we cannot be repsonsible for any future problems or faults ie :
loss of a stone or malfunction of clasp etc. However, we would be happy to
try to help with repairable faults and can usually rectify them at very
little cost.
2. Delivery and risk
i. We will make
every attempt to deliver the goods that you have ordered to you in a
timely fashion by either the services of Royal Mail or another
reputable courier. We will not be responsible for the misdirection or
non-deliverance of any goods once they have left our premises.
ii. All items are delivered to you at your risk.
3. Title
Title to the goods that passes to you upon confirmation that a valid payment has been received.
4. Payment Payment must be made using one of the following methods:
a. Credit card
b. Debit card
Payment is made online using a debit or a credit card, the payment
will be accepted once we have received confirmation from your bank that
our account has been credited.
5. Right to withdraw
i.
In certain circumstances, you may have the right to withdraw from the
contract without penalty and without the need to give us any reason at
any time during a period of two working days (Monday to Friday
inclusive) which in the case of goods shall begin from the date after
the date of receipt of the goods by you and in the case of service,
from the day after the day of conclusion of the contract.
ii. We
agree to reimburse you, free of charge, within 7 days of notification
of withdrawal, the purchase price you paid for the goods or services,
although we do reserve the right to charge you for the cost of
returning any goods (which shall be by deduction from the purchase
price).
iii. This right of withdrawal shall not apply, in any event, in the following circumstances:-
a. To service if performance of the contract has begun with your agreement before the end of the 2-day working period;
b.
To any goods made to your specification or personalised at your
request. 6. Returns Policy (To be determined by the merchant) 7.
Warranties and Liabilities 8. Termination (to be customised by the
merchant) Part C - Complaints 1. We aim to provide you with a quality
service. If however, you feel you have a cause to complain, you can
contact us at the address given in section 1 of Part A above. We will
try to do our best to resolve any problems that arise. 2. Force Majeur
We do not take responsibility for any event that is outside our control,
nor for any consequential loss arising from such an event. 3. Entire
Agreement This agreement supersedes any prior agreements or
arrangements which have subsisted between us, provided the information
that you have given us is not incorrect or fraudulent.
4. Interpretation in the Agreement:
i.
Reference to any statute or statutory provision includes a reference
to that statute or statutory provision as from time to time amended,
extended or re-enacted;
ii. Words importing the singular include the
plural, words including any gender include every gender and words
including persons include bodies corporate and un-incorporate; (in each
case) vice versa;
iii. Any reference to a party in this agreement includes a reference to his successors in title and permitted assigns
iv.
The headings to these clauses are for ease of reference only and shall
not be effect the interpretation or construction of this agreement
5. The Law
This Agreement shall be governed by and construed in accordance with the Laws of England and Wales.
6. Severability
Not
withstanding that the whole or any part of any provision of this
agreement may prove to be illegal or unenforceable, the other
provisions of this agreement and the remainder of the provisions in
question shall remain in full force and effect. If you agree to be bound
by the above conditions, please tick the appropriate box during the
checkout process. If you do not agree, you should not tick this box and
no ordering can take place. If you tick the appropriate box during the
checkout process, you agree to be bound by the above conditions for
the use of the services of the software.