Terms and Conditions for Jewellery Goods
Please read all these terms and conditions for the sale of Jewellery Goods Items.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at email@example.com
1. These Terms and Conditions will apply to the purchase of the jewellery goods by you (the Customer or you). We are Teresa Martin, Upper Morin Road, Paignton, Devon TQ3 2HX with email address firstname.lastname@example.org ; (the Supplier or us or we).
2. These are the terms on which we sell all Jewellery Goods to you. By ordering any of the Jewellery Goods, you agree to be bound by these Terms and Conditions. Before placing an order for Jewellery on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Jewellery Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Jewellery Goods;
5. Delivery Location means the Supplier's premises or other location where the Jewellery Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the Jewellery Goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Jewellery Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website https://www.thespiritofyou.co.uk which the Jewellery Goods are advertised.
11. The description of the Jewellery Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Jewellery Goods supplied.
12. In the case of any Jewellery Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Jewellery Goods which appear on the Website are subject to availability.
14. We can make changes to the Jewellery Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Jewellery Goods in our website does not constitute a contractual offer to sell the Jewellery Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Jewellery Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Jewellery Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Jewellery Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
23. The price of the Jewellery Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges are correct at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Jewellery Goods.
26. We will deliver the Jewellery Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Jewellery Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Jewellery Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Jewellery Goods or rejecting Jewellery Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Jewellery Goods. If the Jewellery Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Jewellery Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Jewellery Goods without also cancelling or rejecting the Order for the rest of them.
31. We do deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. Orders placed for delivery outside that area, may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Jewellery Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Jewellery Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Jewellery Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Jewellery Goods before accepting them.
Risk & Title
35. Risk of damage to, or loss of, any Jewellery Goods will pass to you when the Jewellery Goods are delivered to you.
36. You do not own the Jewellery Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Jewellery Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the jewellery goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Jewellery Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory.
In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
43. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website https://www.thespiritofyou.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Jewellery Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Jewellery Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Jewellery Goods beyond what is necessary to establish the nature, characteristics and functioning of the Jewellery Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Jewellery Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Jewellery Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Jewellery Goods.
48. If we have offered to collect the Jewellery Goods or if no Jewellery Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Jewellery Goods
50. If you have received Jewellery Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at The Spirit of You, The Garden Room, 2 College Road, Newton Abbot, TQ12 3EF without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.
51. The deadline is met if you send back the Jewellery Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Jewellery Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of jewellery goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both jewellery goods and jewellery services as its object.
53. We have a legal duty to supply the Jewellery Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
54. Upon delivery, the Jewellery Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Jewellery Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.
56. We will provide the following after-sales service: The Spirit of You will repair, replace or refund any faulty goods or items that are received in a less than satisfactory condition.
Successors and our sub-contractors
57. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
61. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Jewellery Goods to you.
63. Where you supply Personal Data to us, so we can provide Jewellery Goods to you, and we Process that Personal Data in the course of providing the Jewellery Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
64. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: email@example.com
65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Jewellery Goods wholly or mainly for its business, trade, craft or profession.
66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
68. We try to avoid any dispute, so we deal with complaints in the following way: In the unlikely event that you are unhappy with your product please email in the first instance within 7 working days and I will aim to resolve your problem.
69. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Model Cancellation Form
Teresa Martin, The Spirit of You, The Garden Room, 2 College Road, Newton Abbot, TQ12 3EF
Email address: firstname.lastname@example.org
Telephone number: XXXXXX
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following jewellery goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)