TERMS AND CONDITIONS OF WEBSITE
This page (together with the documents referred to) tells you the terms and conditions (the Terms) on which we supply any of the products listed on our site (www.whibleys.com) to you. Please read the Terms carefully before ordering any product from our site. You should understand that by ordering any of our products, you agree to be bound by the Terms. You should print a copy of the Terms for future reference. These terms and conditions apply to purchases made online through www.whibleys.com only, and not for purchases made directly through our retail branches where terms may vary, please ask in your local branch for details.
- INFORMATION ABOUT US
www.whibleys.com is a site operated by Whibleys The Jewellers. We are registered in England under company number 04547282 and with our registered office at 34-36 Warwick Street, Worthing West Sussex BN11 3DJ. Our main trading address is 34-36 Warwick Street, Worthing West Sussex BN11 3DJ. Our VAT number is 799 619155.
- YOUR STATUS
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products, which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
The details supplied on your order are kept securely and in strict confidence. The information will only be used (unless specified otherwise) in order to process your order effectively and efficiently. If you have any concerns about the security of your personal information, please read our Privacy Statement.
- BESPOKE PRODUCTS
- Bespoke Products include products that have been made to measure, personalised or customised or products that have been ordered in irregular sizes (i.e. rings larger or smaller than ladies’ size K-O and men’s size R-Z).
- If you order a size outside the relevant range, it is possible that the price may vary or that we may be unable to supply it. In respect of Bespoke Products you will not have the right to cancel - please see clause 5.3 below.
- All our Bespoke Products are made to your specifications and as a result they are not subject to the Consumer Protection (Distance Selling) Regulations 2000. You will not have any right to cancel unless the Bespoke Products are defective as a result of our fault or they do not meet your specifications. Please note that rings are usually stocked in standard sizes (ladies’ L-N, men’s S-Z).
- The provisions of this clause 5.1 and 5.2 do not affect Your statutory rights.
- CONSUMER RIGHTS
- If you are contracting as a consumer, you may cancel a contract at any time within seven (7) working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy.
- To cancel a Contract, you must inform us in writing and also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession.
- AVAILABILITY AND DELIVERY
- Standard Products: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within seven (7) working days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- Bespoke Products: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within two (2) months of the date of the Dispatch Confirmation, unless there are exceptional circumstances
- If the product you require is not in stock we will inform you that your order cannot be fulfilled and we will inform you when the product comes back into stock so that You can order it at a later date.
- For reasons of security, all orders over £100.00 are sent for delivery one (1) day after the date of the Dispatch Confirmation by way of Special Delivery. In all other cases our standard delivery charges will apply and will be added to the price of the product(s) as set out in the Dispatch Confirmation.
- RISK AND TITLE
- The products will be at your risk from the time of delivery.
- Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
- PRICE AND PAYMENT
- The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due. Please see clauses 7.1-7.3 above.
- Because many of our products are made up of or contain precious metals and/ or jewels, our prices are liable to change at any time due to changes in market conditions, but such changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be out of date due to market conditions as mentioned at 9.3 above. Our prices will be confirmed in the Dispatch Confirmation.
- The Price you pay will be the price shown in the Dispatch Confirmation at the time of your order.
- Payment for all products must be by credit or debit card. We accept payment with all major debit and credit cards including: Visa, Mastercard, or Maestro.
- The company reserves the right to cancel any contract on the basis of any technical or obvious error with our website that leads to an incorrect or ‘Zero Price’ price being displayed.
- OUR REFUNDS POLICY
When you return a product to us:
- because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- for any other reason you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within thirty(30) days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- If you have notified us in accordance with clause 20 that you do not agree to any change in the Terms or in any of our policies, we will refund any payment made by you as soon as possible and, in any case, within thirty (30) days of the day of receipt of the product from you in the same state and condition as delivered to you BUT you MUST have notified us that you are cancelling the Contract within a period of 30 days of taking delivery of the product. You are liable for all delivery costs of the product to us.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- OUR LIABILITY
- We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Please be aware of the following:
- Some of the items on our site have been enlarged to show detail;
- Natural stone colours may vary from those depicted on our site;
- All items described as “Freshwater Pearl” are freshwater Cultured Pearls.
- “Opal Triplet” consists of a layer of natural precious opal between a layer of colourless quartz (for protection) and a layer of black onyx (to create the dark field resembling black opal);
- Any other treatments of gemstones sold by us are permanent in nature, common to the gem and jewellery trade worldwide and do not need to be described in the way seen above. We do not sell any synthetic versions of natural gemstones such as ruby, sapphire or emerald;
- Some of our white gold has been coated with rhodium to further enhance brilliance;
- None of our diamonds are treated by laser drilling or fracture filling;
- From time to time other products may appear on our site which will require further explanation as to how they have been manufactured.
In such cases, the item description will contain further information on the product and should give you as the customer, enough information to make a considered purchase. In case of doubt, please contact us before purchasing the item and we will be happy to supply you with further details.
- Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the product you purchased and any losses, which are a reasonably foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be reasonably contemplated by you and us at the time of the Dispatch Confirmation.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.
- For any matter for which it would it would result in a breach of your consumer rights by the unreasonable exclusion or attempted exclusion of our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable; provided that this clause 11.54 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.5.
- IMPORT DUTY
- If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Whibleys The Jewellers by email firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of,any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of Your obligations under the contract or any of the Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of the Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
- The Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Terms.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms.
- OUR RIGHT TO VARY THE TERMS AND CONDITIONS
- We have the right to revise and amend the Terms from time to time but this will not affect the Terms applicable at the time of receipt of the order in respect of which a Dispatch Confirmation will have been sent to you.
- You will be subject to the policies and the Terms in force at the time that you order products from us, unless any change to those policies or the Terms is required to be made by law or governmental authority. In circumstances such as these, this contract will come to an end because of the changes brought in by force of law that neither of us might of accepted. We will then invite you to make a fresh order having regard to the changes made to the Terms.
- LAW AND JURISDICTION
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.