Address : Top Floor, 53a, High Street, Lymington, Hampshire, SO41 9AH.
You/Your/User/Customer means a person using
Henry Aston and/or henryaston.co.uk website.
Precious Metals refer to Gold, Silver, Platinum, Paladium in any quality value.
You declare that you understand that all the information, text and any other materials contained in this website, as well as arrangement thereof are copyrighted to Henry Aston and are protected by copyright law. ALL RIGHTS ARE RESERVED. Permission is granted to you to electronically copy and to print hard copy portions of this website for the sole purposes of personal non-commercial use under the condition that you agree not to change, delete and/or modify any content, web design and/or layout contained in that material.
All information contained on the Henry Aston website is regularly checked although Henry Aston cannot be held responsible for any mistakes that may occur, it is always the responsibility of the third parties to check all categories and information before proceeding a business transaction with Henry Aston.
Your personal information and payment details will be protected in accordance with the Data Protection Act 1998. Henry Aston will only use information provided for the purposes of Administration, Customer Services, Internal Marketing and stringently tested partners. We may want to contact you about a range of discounts and special offers on other products and services from Henry Aston and our partners. We may keep information provided by you the ‘User’ or card holder to contact you with notification of other services or offers. When the ‘User’ supplies information regarding another person they do so with the express understanding that the other person has granted permission to do so, and they have granted authorisation to act in this manner. Henry Aston will not be held responsible for any breach of this understanding.
The Data Protection Act does not generally apply to companies but it does cover sole traders and partnerships. When we receive an application for a ‘Service’ from a business we may perform a search with a credit reference agency on the individual company directors or partners. The Data Protection Act puts obligations on users of personal information and lays down principles for its use. One principle states that information has to be processed fairly and lawfully. This means that you are entitled to know how we intend to use any information you provide. You can then decide whether you want to give it to us. To provide outstanding customer service we need accurate customer information. You can help by informing us whenever your circumstances change. Organisations must lodge a notification with the Information Commissioner describing the purposes for which they process personal information. The details are publicly available from the Commissioner’s office at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (Tel 01625 545745. Fax 01625 524510). Alternatively, see the Commissioner’s web site. By accepting these Terms and Conditions you are consenting to the use of your data as specified above and for these purposes only.
New For Old T&Cs
Requirements For Use
1. Henry Aston jewellery and all accompanying presentation packaging is finished to customers own unique and specific requirements to this end it is fully at the discretion of Henry Aston to accept returns.
2. A maximum of 50% of full retail cost at the time of purchase will be reimbursed on any jewellery item returns, purchased using our new for old service.
3. You must be 16 years of age or over to conduct a transaction with Henry Aston.
4. When looking to sell an item to Henry Aston you must be at least eighteen (18) years old.
5. You must be the owner of the property being offered for sale or have the owners permission to sell the property, and if demanded by Henry Aston you shall be able to prove the right of ownership or permission to sell the property by providing a purchase receipt, or other form of ownership, or permission to sell documentation.
6. You must act on your own behalf.
7. You must be domiciled in the United Kingdom, have been working here for at least 1 month or have a business interest in the United Kingdom.
8. On receipt of your items, Henry Aston will confirm receipt by e-mail. Packages sent via Royal Mail special delivery can be tracked at www.royalmail.com. Henry Aston reserves the right, at its sole discretion to reject delivery of any mail, envelope or package which appears to be damaged, opened or tampered with and any such mail, envelope or package will be returned by the carrier to the customer.
9. Over time our presentation packaging may change so we cannot guarantee to supply an exact match for each single piece of presentation packaging, although we will be able to supply sets or single pieces of currant presentation packaging.
10. Henry Aston shall have no liability to any customer for any such attempted delivery or return of any such items. Henry Aston reserves the right, at its sole discretion, to apply a charge for postage and packaging of items returned to the user, particularly the return of items found not to be precious metal. If a non-precious metal item is found in a consignment, we reserve the right to deduct the cost of the return of the invalid item from the purchase price of the remainder of the consignment. Precious metal products bought by Henry Aston are mostly broken down, melted or disposed of at the close of business on the day that they are purchased. Therefore, once a precious metal product has been sold to Henry Aston it will not be physically possible to reverse a transaction.
Henry Aston is happy to receive packages of differing quality values. Your precious metals will be sorted, tested and accurately weighed and the resulting breakdown of values will be given to you when we call or e-mail you to make an offer to purchase.
Gold plated and non gold items. Please note that whilst we are prepared to purchase non hallmarked precious metals we reserve the right to make a reasonable charge for time spent testing items which are found to be non precious metals. (Max £10 per item)
A Henry Aston offer to purchase will include all diamonds or/and any other gemstones within the item we recommend that if you want to keep any part of an item remove it before sending the item to us.
Henry Aston will contact you either by telephone or e-mail to make our offer to purchase your items. This offer is based upon the expertise of our valuer. If our offer is not accepted within 48 hours of being made Henry Aston reserves the right return your consignment to you by Royal Mail Special Delivery. In such circumstances Henry Aston reserves the right, at its absolute discretion, to charge the user for postage and packing of the returned consignment.
Our Payment to You
Once you have accepted our offer to purchase your item/s any excess monies after conducting a Henry Aston purchase can be made by :
1. DIRECT BANK TRANSFER : This service is charged at £10 per transfer to clients holding compatible bank accounts the fee being deducted from the valuation figure.
2. CHEQUE PAYMENTS : Will be charged at £10 per transaction to offset our costs when using this method of payment, the fee being deducted from the valuation figure.
1. More than one (1) live sponsorship may be held by any one person or organisation.
2. When becoming a Sponsor you may start to use your amazing 25% VIP privilege discount facility immediately.
3. Sponsorship share reward payments are made on the fifth working day of the following month.
4. Sponsorship share reward payments will be made to the bank specified on your completed Sponsors form.
5. Sponsorships will be entered into the monthly share reward on the first day of the following month of purchase.
6. A sponsorship monthly share reward is made up from an equal share in 25% of purchases made directly from the Henry Aston website.
7. Each sponsorship, has a term of Five (5) years.
8. Each sponsorship has a maximum privileged VIP discount spend of £5,000.00.
9. Each sponsorship monthly share reward is restricted to a maximum payout of £200.00 for any one month over the sponsorship term.
10. Excess monies paid into the sponsorships monthly share reward that under these terms and conditions have not been allocated will be reclaimed by Henry Aston.
11. Henry Aston does not make any claims to the value per month or the value over the fixed term of the sponsorship monthly share reward.
12. Sponsorship share reward only exist in line with Henry Aston web site sales.
13. Each Sponsor shall be emailed the monthly sales figures applicable to the monthly shared reward.
14. Henry Aston can repurchase a sponsorship for the full pro rata cost, if it is felt that the sponsorship is detrimental to the Henry Aston brand or business. Henry Aston would not under these circumstances seek to recover any share reward monies or discounts used up to the point of cessation of the sponsorship.
15. Maximum sponsorship privilege VIP discounts apply up to the full stated discount amount, all purchases beyond that amount will not be liable for discount and will be charged at the full price as shown on the Henry Aston website.
16. Sales that are not included in the Henry Aston sponsorship monthly share reward are :
◦ Sales or purchases that have been made by a third party for the purpose of resale.
◦ Sales to Henry Aston Ambassadors.
◦ Sales to Henry Aston Sponsors.
◦ All other sales to third parties that are in a resale, coupon code or discount purchasing agreement with Henry Aston.
17. Single unit orders purchased from the Henry Aston website will not be discounted, however we may apply discounts on multiple orders.
18, Share values on multiple order website sales that have been discounted are subject to 7.5% of the purchased price.
19, Prices of products retailed from the Henry Aston website may be altered as required to remain competitive.
It is our policy to obtain permission to link to other websites. Henry Astons is not responsible for the content or reliability of any linked websites and does not necessarily endorse the views expressed within them. Listing should not be seen as endorsement of any kind and is made for the user’s convenience only. We cannot guarantee that links will work all of the time and we have no control over the availability of linked pages.
Aston Jewels makes every effort to check and test material at all stages of production. It is always wise for ‘Users’ to run an anti-virus programme on all material downloaded from the web. Henry Aston will not accept any liability for any loss, disruption or damage of any kind to your data or computer system which may occur whilst using material from this website.
We endeavour to respond to all complaints within five working days. Any users wishing to complain about any of our services may do so by contacting us via the details shown on this web site. This does not affect your statutory rights as a customer.
Henry Aston will endeavour to the best of its ability to limit any interruptions to the provision of the service, but will not be obliged to refund monies in respect of temporary access limitations whether they are the fault of Henry Aston service provider or the fault of Henry Aston itself. Henry Aston reserves the right to suspend, restrict or terminate the service at any time for any duration of time with no liability. The user accepts that it might be necessary for Henry Aston to suspend the service for technical reasons.
Limitation of Liability
This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, the customer and the customer’s successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to customer’s transaction with Henry Aston. No liability will be accepted for loss or damage resulting from the use of services offered by Henry Aston, and in no event shall Henry Aston be liable to any third party, including any insurance carrier. Henry Aston shall not be liable for any subrogation claim brought by customer’s insurance carrier and, by submitting an item to Henry Aston, the customer expressly and specifically waives any such subrogation claim on his or her behalf as well as on the behalf of his or her insurance carrier. To the maximum extent permitted by applicable law Henry Aston shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity. Henry Aston makes no representations, statements and warranties of any kind that the services provided by us will meet your expectations. By submitting the item, the customer explicitly and expressly accepts this limitation of liability as well as the remainder of the terms and conditions.
You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of all Henry Aston services, the violation of these terms and conditions by you, or the infringement by you of any intellectual property or other right of any other person or entity.
By using the service and therefore accepting the terms and conditions stated above you agree that these Terms and Conditions shall be governed and interpreted in accordance with the law of England and Wales and that any potential dispute will be subject to the jurisdiction of the Courts of England and Wales.
Henry Aston reserves all rights to update these terms and conditions from time to time without notice provided. It is entirely your responsibility to check before using Henry Aston whether such updates occurred.
Over time the sourcing of our presentation packaging may change so we cannot guarantee to supply an exact match for each single piece of presentation packaging, although we will be able to supply sets or single pieces of our currant presentation packaging.
In the event that any of the terms and conditions stated herein is considered to be invalid by a court, this shall not affect the remainder part of these terms and conditions.
Over time our presentation packaging may change, so we cannot guarantee to supply an exact match for each single piece of presentation packaging, although we will be able to supply sets or single pieces of currant presentation packaging.
Products on the Henry Aston website will not be liable for discounts and will only be sold at the shown full retail price.
Scented Candles T&Cs
DESCRIPTION AND SPECIFICATION
We take every care to ensure that the description and specification of our products are correct, however, specifications and descriptions are not intended to be binding and are intended only to give a good description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
OUR RETURNS POLICY
If you are not entirely happy with the goods that you have purchased you may return them to us within 7 days of receipt in accordance with our returns policy. Our returns policy does not affect your statutary rights.
When returning products in accordance with our returns policy, we will be happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused and with the original packaging. Return of an item is at your own cost unless the item has proved to have been damaged on receipt.
Henry Aston products undergo a strict quality check before being despatched. All orders are meticulously wrapped in a suitable manner for their journey. If you receive damaged goods please ensure that you sign the couriers proof of delivery with the words DAMAGED and inform us immediately. Upon return to us of the item/s we will, if deemed appropriate issue a full refund including return postage costs.
If you are not happy with your purchase, you may return your goods to us within 7 days of receipt . We must receive the goods back in perfect condition with the original packaging. We will not accept refunds if the products have been used or have been returned in an unsuitable condition.
You will be responsible for returning the goods. On receipt of returned items you will be issued a refund for the products but not for any posting charges.
When returning items you are recommended to keep a proof of posting. However, proof of posting will not be accepted as proof of delivery and we will not accept responsibility for lost or damaged parcels.
CANDLE SAFETY RULES
Always keep a burning candle within sight.
Never burn a candle on or near anything that can catch fire.
Keep burning candles out of the reach of children and pets.
Trim candlewicks to ¼ inch each time before burning.
Be sure the candle is placed on a stable, heat-resistant surface.
Keep the wax pool free of wick trimmings, matches and debris at all times. Keep burning candles away from drafts, vents, ceiling fans and air currents.
Always burn candles in a well-ventilated room.
Don’t burn a candle all the way down.
Never touch or move a burning candle or container candle when the wax is liquid.
Never use a knife or sharp object to remove wax drippings from a glass holder.
Place burning candles at least three inches apart from one another.
Use a snuffer to extinguish a candle.
Never extinguish candles with water.
Be very careful if using candles during a power outage.
Extinguish a candle if it repeatedly smokes, flickers, or the flame becomes too high.
Never use a candle as a night light.
Always read and follow the manufacturer’s use and safety instructions carefully.
1. Ambassadors will only use content supplied by Henry Aston to promote Henry Aston on their own social media sites.
2. Ambassadors will only place Henry Aston content on media sites that have been approved by Henry Aston.
3. Ambassadors will, if asked show where Henry Aston supplied media has been entered onto their own social media sites.
4. Ambassadors will not criticise, defame or make negative comments on any form of social media or any other type of media platform including personal exchanges regarding Henry Aston or any person, product or body associated with Henry Aston.
5. Ambassadors may re apply every 3 months for a Henry Aston Ambassador position.
6. Discounts will be available to Ambassadors on all Henry Aston products.
7. Ambassadors will over the course of a seven day week promote Henry Aston on their own social media sites twice a day three times a week.
8. Ambassadors will not promote any other brand other than Henry Aston without prior discussion with Henry Aston.
9. Ambassador purchases from Henry Aston are non returnable, this does not affect your statutory rights.
10. All ambassador payments are payable monthly, pro- rata up to the date of an ambassadors position ending.
11. All social media postings must be made twice a day, with a gap of at least a few hours between postings.
12. Ambassadors will share equally in 3% of monthly sales purchased from the Henry Aston Website.
13. Ambassadors commissions are capped at a maximum of £200 per month.
14. Commissions paid into the Ambassadors shared commissions structure that under these terms and conditions have not been allocated will be reclaimed by Henry Aston.
15. Ambassador discounts only apply on products purchased directly from the Henry Aston website.
16. We reserve the right to change Ambassadors conditions at any time.
17. We reserve the right to withdraw an Ambassadorship at any time or if any of our terms and conditions are not meet.
18. Henry Aston website sales and/or purchases not included in the ambassadore/s financial monthly share commission are : Sales and/or purchases that have been made by third parties for resale. Sales to and/or made by Henry Aston sponsors. Sales to and/or made by Henry Aston ambassadors. All other sales to third parties that are in a resale, commission and/or discount purchasing agreement with Henry Aston.
New Jewellery Purchase T&Cs
Unless the context requires otherwise the following definitions apply
1.1 “Buyer” means the person who buys or agrees to buy Goods from the Seller
1.2 “Conditions” means
.2.1 the terms and conditions set out
1(a) in this document &
• (b) in the Order Confirmation and
• 1.2.2 any special terms and conditions agreed in writing by the Seller and signed by an authorised representative of the Seller on its behalf
• 1.3 “Contract” means any contract between the Seller and the Buyer incorporating the Conditions
1.4 “Data” means any information supplied by the Buyer to the Seller
• 1.5 “DPA” means Data Protection Act 1998
• 1.6 “Delivery Date” means the date or dates specified by the Seller on which any Goods are to be delivered or made available for collection
• 1.7 “Goods” means any goods which the Buyer agrees to buy from the Seller
• 1.8 “Input Material” means any material (including information documents plans drawings photographs and film) supplied by the Buyer to the Seller relating to the Goods including for use by the Seller in designing them
• 1.9 “Intellectual Property Rights” means all patents copyrights design rights trade marks service marks trade secrets know-how database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same anywhere in the world
• 1.10 “Order Confirmation” means any notice sent by the Seller to the Buyer to confirm an order by the Buyer for any Goods
• 1.11 “Price” means the price for any Goods excluding carriage packing insurance and VAT
• 1.12 “Quotation” means any written or oral quotation provided by the Seller to the Buyer in respect of Goods
• 1.13 “Seller” means Henry Aston.
• 1.14 “VAT” means Value Added Tax or any tax or duty which from time to time replaces it
• 1.15 “Working Day” means any day from Monday to Friday (inclusive) which is not Christmas Day Good Friday a statutory Bank Holiday or a day which falls between 26 December in any year and 2 January in the immediately following year
• 2.1 The Conditions shall apply to all contracts by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document
• 2.2 Any Quotation shall be deemed to be an offer by the Seller to sell Goods pursuant to the Conditions
• 2.3 Once
• 2.3.1 an order has been placed by the Buyer for any Goods or
• 2.3.2 any Order Confirmation is sent or
• 2.3.3 despatch or delivery of any Goods by the Seller to the Buyer has been effected such event or events shall be deemed conclusive evidence of the Buyer’s acceptance of the Conditions
• 2.3.4 Henry Aston jewellery and all accompanying presentation packaging is finished to customers own unique and specific requirements, and it is fully at the discretion of Henry Aston to accept returns.
2.4 Any variation of the Conditions shall be ineffective unless agreed in writing by the Seller and signed by an authorised representative of the Seller on its behalf.
3. Price and payment
• 3.1 The Price for the Goods shall be the price or prices set out in the relative Quotation or Order Confirmation inclusive of any VAT
• 3.2 The Price for any Goods is the Seller’s current list price
• 3.3 Payment of the Price and VAT shall be due on placing the order whether or not any of the Goods have been delivered to the Buyer and time for payment shall be of the essence
• 4.1 The quantity and description of any Goods shall be as set out
• 4.1.1 in the relative Quotation or Order Confirmation and/or
• 4.1.2 in any document or documents to which reference is made in the relative Quotation or Order Confirmation
• 4.2 The Seller may from time to time make changes in the specification of any Goods
• 4.2.1 which are required to comply with any applicable safety or statutory requirements or
• 4.2.2 which do not materially affect the quality of any Goods
• 4.3 Any contractual description of any Goods by the Seller relates to the identity of those Goods but only if it relates to a central characteristic of those Goods or to a substantial ingredient in their identity
5. Warranties and liability
• 5.1 All terms conditions warranties and representations (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in any document or documents to which reference is made in any Quotation or Order Confirmation) relating to the quality or fitness for purpose of any Goods are excluded to the fullest extent permitted by law
• 5.2 Any representations statements or warranties made or given by the Seller or its servants and agents (whether orally in writing or in any of the Seller’s brochures catalogues and advertisements) shall not be deemed
• 5.2.1 to form part of the Contract or
• 5.2.2 to have induced the Buyer to enter into the Contract unless it is contained in any Quotation or Order Confirmation (or in any document or documents to which reference is made in them)
• 5.3 Nothing in the Conditions shall
• 5.3.1 restrict or exclude liability for death or personal injury caused by the negligence of the Seller or for fraud or
• 5.3.2 affect the statutory rights of a Buyer dealing as consumer
• 5.4 The Buyer shall be exclusively responsible for satisfying itself that any Goods are fit for the purpose intended for them by the Buyer
• 5.5 In no circumstances shall the Seller have any liability whatsoever for any advice provided to the Buyer unless it is in writing on the Seller’s headed paper and signed by an authorised representative of the Seller on its behalf following receipt of a suitable written specification from the Buyer
• 5.6 In no circumstances shall the Seller have any liability for checking or approving any specification or design provided by the Buyer for any Goods
6. Delivery of Goods
• 6.1 The Goods shall be delivered to the Buyer or made available for collection on (or as soon as reasonably practicable after) the Delivery Date
• 6.2 The Seller shall on request arrange for delivery of the Goods
• 6.2.1 to the Buyer’s billing address as stated on the Buyer’s credit card or
• 6.2.2 to such other address as the Buyer is able to prove to the satisfaction of the Seller is the Buyer’s business or residential address provided that the method of delivery and the choice of packaging and labelling of any Goods shall remain at the sole discretion of the Seller and the Seller reserves the right in its absolute discretion to refuse to deliver to a particular address
• 6.3 The Goods may be delivered in advance of the Delivery Date upon the Seller’s giving of reasonable notice to the Buyer
• 6.4 The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery
• 6.5 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all
• 6.6 If (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the Buyer
• 6.6.1 fails or declines to collect the Goods or
• 6.6.2 fails or declines to give the Seller adequate instructions for delivery of the Goods or
• 6.6.3 requests that the Seller do store the Goods for the time being the Seller may (without prejudice to any other right or remedy available to it) make provision for the storage of the Goods
• 6.7 The Buyer shall on receipt of the Goods in the presence of the carrier’s representative check that the packaging is in order and any damage to or evidence of tampering with the packaging must be immediately reported to the Seller in writing (or by telephone and confirmed in writing within 48 hours thereafter) without opening the packaging which must be preserved to enable inspection by the Seller and the delivery must neither be accepted nor signed for
• 6.8 The Buyer shall on receipt of the Goods in the presence of the carrier’s representative if the packaging is in order open the packaging and any alleged non-delivery shortage damage fault defect error or failure to comply with description or sample in relation to such Goods noticeable on such inspection must be immediately reported to the Seller in writing (or by telephone and confirmed in writing within 48 hours thereafter) and the packaging and the contents must be preserved to enable inspection by the Seller
• 6.9 Notwithstanding the receipt by the Seller of any notice pursuant to clause 6.7 or clause 6.8 a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the Goods indicated on the advice sheet and ownership of them by the Buyer
• 6.10 If the Buyer is not asked to sign a carrier’s delivery advice sheet to acknowledge receipt of the Goods he must notify the Seller immediately in writing (or by telephone and confirm it in writing within 48 hours thereafter)
• 6.11 The Seller may cancel the Contract at any time with or without cause before the Goods are delivered by giving written notice to the Buyer to that effect and on giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price (including the Deposit) for such Goods and the Seller shall not be liable for any loss or damage whatever arising from such cancellation
• 6.12 Where the Goods are made pursuant to the Buyer’s specification or are otherwise personalised the Buyer shall have the right to cancel the relevant Contract within 7 Working Days of receiving the parcel but in all other cases the Buyer shall have the right to cancel any Contract within 14 Working Days of its formation provided that
• 6.12.1 the Goods are returned in their original condition (as judged by the Seller) and
• 6.12.2 either the relevant certificate or certificates from the appropriate laboratory are also returned or the Buyer pays to the Seller a charge as notified by the Seller to the Buyer for each missing certificate
7.1 The Buyer shall be deemed to have accepted any Goods after the relevant period referred to in paragraph 6.12
• 7.2 After such acceptance the Buyer shall not be entitled to reject any Goods which are not in accordance with the Contract
• 7.3 Notwithstanding section 35A (1) of the Sale of Goods Act 1979 acceptance of some of the Goods by the Buyer whether conforming to the Contract or not shall deprive the Buyer of the right to reject the rest of the Goods whether they conform to the Contract or not
• 7.4 No Goods delivered to the Buyer which are in accordance with the Contract shall be accepted for return without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf on terms to be determined at the absolute discretion of the Seller
• 7.5 If the Seller agrees to accept the return of any such Goods the Buyer shall be liable to pay the charges for shipment by the appropriate carrier
• 7.6 Goods returned without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf may at the Seller’s absolute discretion be returned to the Buyer or stored by the Seller at the Buyer’s cost without prejudice to any rights or remedies which the Seller may have
• 7.7 In the event that the Buyer declines to accept Goods in breach of the Contract the Buyer shall pay to the Seller as and by way of agreed liquidated damages an amount equal to the price of the Goods less the net proceeds received by the Seller on reselling the Goods after deducting the costs and expenses of resale
8. Time for delivery of Goods
• The Delivery Date shall be treated as an estimate or estimates only unless the Seller has expressly undertaken in writing signed by an authorised representative of the Seller on its behalf to guarantee such delivery by a specified date and the Buyer shall provide to the Seller any Input Material as soon as possible after receipt of the Quotation or Order Confirmation to give the Seller a reasonable opportunity to comply with the Delivery Date.
9. Intellectual property
The specifications and designs of and all Intellectual Property Rights in the Goods shall as between the parties be the property of the Seller or its suppliers
10. Remedies of Buyer
• 10.1 Where the Buyer rejects any Goods the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract
• 10.2 Where the Buyer accepts or has been deemed to have accepted any Goods the Seller shall have no liability whatever to the Buyer in respect of those Goods
• 10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of any Goods
• 10.4 The Seller shall be under no liability whatever to the Buyer for any
• 10.4.1 indirect loss or expense or damage suffered by the Buyer including
• (a) loss of profit business anticipated savings business opportunity or goodwill or
• (b) loss of data or
• 10.4.2 special damage even though the Seller was aware of the circumstances in which such special damage could arise or
• 10.4.3 liability to third parties incurred by the Buyer arising out of a breach by the Seller of the Contract
• 10.4.4 the Buyer accepts or has been deemed to have accepted the ring if the string wax seal has been removed.
• 10.5 The Buyer shall within 3 (three) days of delivery notify the Seller in writing of any alleged non-delivery shortage damage fault defect error or failure to comply with description or sample in relation to any Goods which was not apparent on inspection on delivery
• 10.6 The Buyer shall afford the Seller an opportunity to inspect all Goods within a reasonable time following delivery of such Goods
• 10.7 If the Buyer discovers a defect in the Goods the Buyer
• 10.7.1 shall not use those Goods
• 10.7.2 shall afford the Seller an opportunity to inspect those Goods as soon as reasonably practicable after discovery of such defect and
• 10.7.3 shall not attempt to remedy any defect found in those Goods without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf
• 10.8 If the Seller agrees that any Goods are defective the Seller shall have the option at its sole discretion.
• 10.8.1 to repair or replace the Goods or
• 10.8.2 to refund the Price of the Goods (in consideration of the return of such Goods) or
• 10.8.3 to pay over any insurance proceeds relating to those Goods or
• 10.8.4 to assign to the Buyer any rights which the Seller has against any third party manufacturer of those Goods or and any further liability to the Buyer in respect of those Goods is excluded to the fullest extent permitted by law but without prejudice to clause 5.3
• 10.9 If the Buyer fails to comply with any of clause 10.5 clause 10.6 or clause 10.7
• 10.9.1 the Goods shall be conclusively presumed to be
• (a) in accordance with the Contract &
• (b) free from any defect error or damage or shortfall which would be apparent on a reasonable examination of the Goods and
• 10.9.2 (without prejudice to the generality of clause 7.1) the Buyer shall be deemed to have accepted the Goods
• 10.10 Subject to clause 10.8 in the event of any breach of the Contract by the Seller the remedies of the Buyer shall be limited to damages and under no circumstances shall the liability of the Seller exceed the Price of those Goods to which that breach relates
• 10.11 Without prejudice to the generality of clause 10.2
• 10.11.1 any claims in respect of the alleged shortages of or damage to Goods must be notified to the Seller in writing within 3 (three) days of delivery and
• 10.11.2 the Seller shall be under no liability in respect of any Goods under the Contract if
• (a) the Buyer has not paid in full for such Goods or
• (b) the Buyer has executed or attempted to execute repairs or alterations to such Goods which are not authorised by the Seller or
(c) the Seller has not been notified of any defect in the Goods within 3 (three) days of the defect’s becoming apparent
• 10.12 The exclusions and restrictions in this clause 10 shall apply to the fullest extent permissible at law but without prejudice to clause 5.3
11. Data protection
• 11.1 The Buyer acknowledges and agrees that details of the Buyer’s name address and payment record may be submitted to a credit reference agency and that personal Data will be processed by and on behalf of the Seller
• 11.2 The Seller will maintain reasonable technical and organisational measures to minimise the risk
• 11.2.1 of any unauthorised or unlawful processing or
• 11.2.2 of any loss destruction or unauthorised disclosure
• of personal Data having regard to the nature of the personal Data to be protected but any liability on the part of the Seller for any and all liability loss damage and cost incurred by the Buyer as a result of any such unauthorised or unlawful processing or of any such loss destruction or unauthorised disclosure of personal Data is excluded to the fullest extent permitted by law
• 11.3 In supplying to the Seller the Input Material the Buyer
• 11.3.1 consents to the Seller’s use of the same for the purpose of providing the Goods and
• 11.3.2 acknowledges that it will not be entitled to be paid any remuneration by the Seller for the same
• 11.4 The Buyer warrants that the use by the Seller of the Input Material will not infringe the rights of any third party
• 11.5 The Buyer warrants that he is unaware of any use by any third party of any of the Input Material
• 11.6 The Buyer
• 11.6.1 acknowledges that the Seller will
• (a) have no responsibility to check for itself any of the matters set out at clauses 11.4 and 11.5 above &
• (b) enters into any Contract in reliance on the warranties given by the Buyer in these paragraphs and
• 11.6.2 will indemnify the Seller in respect of any loss claims damages costs and expenses incurred by it howsoever arising in connection with the Seller’s use of the Input Material
12. Third party rights
The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to the Contract and a person who is not a party to the Contract shall have no right under that Act to enforce any term of the Contract
• 13.1 Any notice under or in connection with the Contract shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery or facsimile or electronic mail at or to the address or number of the party set out in the Contract or at or to such other address or number as may be subsequently notified by one party to the other
• 13.2 In the absence of evidence of earlier receipt any notice shall be deemed to be duly served
• 13.2.1 if delivered personally when left at the address cited in clause 16.1
• 13.2.2 if sent by first class post 3 (three) days after posting and
• 13.2.3 if sent by recorded delivery or facsimile or electronic mail when received
• 14.1 General In the Conditions
• 14.1.1 references to clauses are to clauses of this document
• 14.1.2 words importing gender include each other gender
• 14.1.3 references to persons include bodies corporate firms and unincorporated associations and that person’s legal and personal representatives successors and permitted assigns
• 14.1.4 the singular includes the plural and vice versa
• 14.1.5 clause headings are included for the convenience of the Seller and the Buyer only and do not affect the interpretation of the Conditions
• 14.1.6 references to all or any part of any statute or statutory instrument include any statutory amendment modification or re-enactment in force from time to time and references to any statute include any statutory instrument or regulations made under it
• 14.1.7 any obligation in the Conditions on a person not to do something includes an obligation not to agree to allow to permit or to acquiesce in that thing’s being done
• 14.1.8 unless the context otherwise requires any discretion conferred expressly or impliedly by the Conditions shall be deemed to be the Seller’s absolute discretion
• 14.1.9 the words
• (a) “include” “includes” “including” “in particular” and “such as” are to be construed as if they were immediately followed by the words “without limitation” &
• (b) “other” and “otherwise” are illustrative and shall not limit the sense of the words preceding them or succeeding them
• 14.1.10 a reference to “writing” or “written” includes telex facsimile electronic mail and comparable means of electronic communication and
• 14.1.11 to the extent of any inconsistencies between any or all of the documents referred to at paragraph 1.2 the document referred to at paragraph 1.2.1(a) (i.e. this document) shall prevail
• 14.2 Severance Any provision of the Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of the Contract
• 14.3 Waiver No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under the Contract shall prejudice its right to do so in the future.
• 14.4 Sub-contracting The Seller may licence or sub-contract all or any part of its rights and obligations under the Contract without the Buyer’s consent but the Buyer may only do so with the Seller’s consent in writing signed by an authorised representative of the Seller on its behalf
• 14.5 Assignment The Seller may assign the benefit of the Contract without the Buyer’s consent but the Buyer may only do so with the Seller’s consent in writing signed by an authorised representative of the Seller on its behalf
15. Proper law of contract
• 15.1 The Contract is subject to the law of England and Wales
• 15.2 All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales
16. Availablity of Goods
We are unable to guarantee the availability of the stones listed on this website. This is for the following reasons:
• 16.1. The stones are located all around the world with many different suppliers.
• 16.2. Occasionally, there are errors (both human and IT) in respect of our website, including in terms of availability and pricing.
We will always do our best to ensure the accuracy of our website and to ensure that we supply to you with the correct item at the time of your order. However, for the reasons stated above, we cannot guarantee this, which is why we reserve the right to cancel your order, with or without cause, as long as we refund you any sums paid by you to us in respect of the relevant order, we are unable to accept any liability to you beyond this. Please check the availability of an item on this website prior to ordering. Your understanding is appreciated.