Terms and Conditions of Business
These Terms and Conditions govern the use of our website www.whyjewellers.co.uk and the purchase of goods online which we supply to you through orders via our website or over the telephone. These terms do not relate or apply to in-store transactions.
We will use reasonable efforts to ensure that the Website is available at all times, however we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.
Why Jewellers Limited is a company registered in England & Wales under registration number 3758282 and whose registered office address is 31/33 Commercial Road, Poole, Dorset BH14 0HU (the Company, we, us). We own and operate the Website. By using or accessing this Website indicates your acceptance of these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them, please do not continue to use our Website. We may make changes to these Terms and Conditions from time to time including posting a revised version of these Terms and Conditions on the Website. Your use of the Website following changes to these Terms and Conditions will constitute your acceptance of those changes.
Any typographical, clerical or other error or omission in any sales literature, quotation, valuation, price list, acceptance of offer, invoice or other document or information issued by the Company or contained on the Website shall be subject to correction without any liability on the part of the Company.
All items are described as accurately and faithfully as possible based on information supplied. All stone weights and dimensions are for reference and are approximate.
All WHY Jewellers designs, trademarks and logos are exclusive to WHY Jewellers and are protected by copyright.
You have our permission to use the Website provided you are over 18 years of age (If you are under 18, you may use the site only with the involvement of a parent or guardian). Your use of the Website is conditional upon Your compliance with the provisions contained within these terms and conditions and You agree that You may view download for caching purposes only, and print pages from the Website for Your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this Website
- reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
- edit, adapt, translate, or modify any portion of the Website;
- redistribute material from this Website;
You must not use:
- our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software.
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
- impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Website or express or imply that we endorse any statement that You make;
- interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks;
- remove any copyright, trademark or other proprietary rights, notices from the Website or materials originating from the Website.
- use our Website to transmit or send unsolicited commercial communications.
- use our Website for any purposes related to marketing without our express written consent.
- The Website may provide links to other websites and online resources. We are not responsible for and do not endorse such external site or resources. Your use of third party websites and resources is at Your own risk.
Nothing in these terms and conditions is intended to:
- limit or exclude our or Your liability for death or personal injury resulting from negligence;
- limit or exclude our or Your liability for fraud or fraudulent misrepresentation;
- limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded.
We will not be liable to You in respect of any loss or corruption of any data, database or software.
- When You place an order with us on the Website payment is made by credit or debit card using paypal online. We are unable to accept cheques for online orders. You will be required to enter your email address and contact details.
- Unless otherwise stated all prices are inclusive of any Value Added Tax but exclusive of any delivery charges which are currently 7.
- Prices are liable to change at any time, but changes will not affect orders which we have already confirmed.
- For payment by card, all credit and debit cardholders and bank/building society account holders respectively may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
- By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
- A receipt including a returns section will be sent to you with your order.
- All feasible steps are taken to maximise the security of your details, those of your order and of payment.
- No information will be passed to any third parties beyond paypal, the credit card clearing system and WHY Jewellers.
We offer the following types of delivery within the UK at a charge of 7:
- Royal Mail Special Delivery
- All delivery times are based around working days (Mon-Fri) to the exclusion of Bank Holidays, are estimates only and refer to the time from which we receive your order. Please note that the day we receive your order may not be the day you placed your order. For example, if you place an order on Sunday, the order will not be processed through our order management system until Monday.
- These delivery times represent the level of service we aim to achieve for all orders but we do not guarantee that products will be delivered at a particular time on a particular date. On occasion we may incur internal delays, which will increase these time frames. We useRoyal Mailfor the distribution of all our packages. On occasion delays beyond our control may be caused by the Royal Mail. We shall have no liability to you for any failure to deliver the goods you have ordered or any delay in doing so or for any damage or defect of goods that is caused by any event or circumstance beyond our reasonable control including without limitation strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accidents.
- Packages will only be delivered to the card payment registered address that was provided when the order was placed. You must make arrangements to receive packages dispatched to that address. A signature will be required for proof of receipt. If it is not possible to deliver the goods, Royal Mail will leave a card with contact details for your localcollection point. This will allow you to arrange an alternative delivery date. You will also have the option to collect your package from your localcollection point, should you prefer to.
- We are unable to deliver to a PO Box or secure home delivery boxes.
- If your package has not been delivered within our estimated delivery time, please firstly check whether Royal Mail has attempted a delivery when you were not at your delivery address. All shipped packages require a signature, if you were out your package may be being held by your local collection point. A card will have left with their telephone number to call. You will also have the option to collect your package from your local collection point, should you prefer to.
- All packages sent using Royal Mail are able to be tracked once a delivery has been attempted. Should you suspect your order to have been lost by Royal Mail please contact us at email@example.com we will be happy to investigate on your behalf.
- You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, excluding any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition we will refund the cost of the return of the item to us by you.
Online Purchase Returns
We are confident you will be very pleased with your purchase, however,
- If you wish to return an unwanted item within 28 days of the order being delivered, we will offer an exchange or refund of the full value of the item, excluding any postage costs.
- All items must be returned to us in the same condition as they were sent to you and in their original packaging at your own cost and risk and we advise that you ensure the item(s) are adequately insured during the return to us.
- Items that we deem to have been mistreated or damaged through wear and tear are not eligible for replacement, exchange or refund.
- Purchases made via the internet or via Mail-Order cannot be returned in person to our shop.
- We do not provide a free returns service.
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
Risk and Property
In the extremely unlikely event that your goods are lost in transit or arrive damaged, please let us know within 7 days through our email address firstname.lastname@example.org or by phoning us on +44 (0)1929 480515.
Termination of Contract
- You have the legal right to cancel Your order (other than for bespoke items) up to seven working days from the date after receiving your items. Saturdays, Sundays and Bank Holidays are not included within the seven day allowance period. Cancellation of orders must however be made in writing or by way of email to the following email address: email@example.com.
- If you choose to cancel then you must return the Item(s) to us at your own cost and risk and we advise that you ensure the item(s) are adequately insured during the return to us.
- Purchases made via the internet or via Mail-Order cannot be returned in person to our shop.
- Where you paid for item(s) by paypal, credit or debit cards, refunds will be made by re-crediting your paypal, credit or debit card account from which the money was originally debited.
- All refunds will be made within 30 working days
We reserve the right to cancel Your contract between us if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to Your area; or
- one or more of the goods You ordered was listed at an incorrect price due to a typographical error or an error in the price information received by us from our suppliers.
- If we cancel Your contract we will notify You by email and will credit to Your account any sums deducted by us under the terms of the Invoice as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact addressor by email at firstname.lastname@example.org of the problem within 14 working days of the delivery of the goods in question.
- If you do not receive the goods ordered within 14 days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address or by email at email@example.com of the problem within 21 days of the date on which you ordered the goods.
- Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- In the event that any provision of these Terms and Conditions shall be determined to be illegal, invalid or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of the remaining provisions of these conditions which shall be construed as if such legal or invalid or unenforceable provisions had not been inserted.
Governing Law and Jurisdiction
All contract between the Company and You shall in all respects be governed by English Law and all disputes which may arise out of or in connection with these Terms and Conditions.