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1.1. This document (together with any documents referred to in it) tells you the terms and conditionsupon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular ourcancellations and returns policy at clause 12 and limitation of our liability and yourindemnity at clause 16
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by theseConditions. You will be unable to proceed with your purchase if you do not accept these terms andconditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at anytime without notice to you. Your continued use of the Website (or any part thereof) following achange shall be deemed to be your acceptance of such change. It is your responsibility to checkregularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is operated by Forever Together Jewellery, having our registered officeat Office 26, Hindley Business Centre, Platt Lane, Hindley, Wigan, WN2 3PA.
3.1. You agree that email and other electronic communications can be used as a long-distance meansof communication and acknowledge that all contracts, notices, information and othercommunications that we provide to you electronically comply with any legal requirement that suchcommunications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website or Facebook.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland andNorthern Ireland (the United Kingdom).
4.2. We can, in our sole discretion, accept orders from individuals located outside the United Kingdomand ship overseas subject to you paying for the additional shipping or postage costs. You will havean opportunity to cancel your order in case these costs are not acceptable.
4.3. If we agree to supply any Goods ordered from the Website for delivery outside the UnitedKingdom, they may be subject to import duties and/or additional taxes or expenses incurred due tocomplying with foreign regulatory requirements or laws . You will be responsible for payment of anysuch duties and/or taxes in addition to our price including the cost of delivery. Please note that wehave no control over these charges and cannot predict their amount. Please contact your localcustoms office or taxation authority for further information before placing your order.
4.4. Please note that when shipping products internationally, you should be aware that cross-bordershipments are subject to opening and inspection by customs authorities. Please also note that youmust comply with all applicable laws and regulations of the country for which the Goods aredestined. We will not be liable for any breach by you of any such laws.
5.1. When registering on the Website you must choose a username and password. You areresponsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and
purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or toyour personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission toregister with and purchase the Goods from this Website in conjunction with and undertheir supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, eitherdirectly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you(including updated information) to obtain information from third parties about you, including, butnot limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below andto suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time withsufficient information to enable us to determine the accuracy and validity of anyinformation supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway beeninvolved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contractswith us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom or the EuropeanEconomic Area (if you reside in the EEA)
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervisionof, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include VAT. The delivery costs will be added to the total amount due from you at their current rate.Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of ourobligations to you, to increase the price of the Goods to reflect any increase in the cost to us dueto any factor beyond our control (such as without limitation, any foreign exchange fluctuation,significant increase in the costs of labour, materials or other costs of manufacture). In the unlikelyevent of this occurring, you shall be entitled to cancel the order at any time before delivery.
8.1. Payment can be made by any major prepay, credit or debit card or through an electronic paymentaccount as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your prepay/debit/credit cardaccount or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtainingauthorisation from your card issuer to ensure you have adequate funds and for security reasons.This may involve validating your name, address and other personal information supplied by youduring the order process against appropriate third party databases including the card issuer,registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goodsare correct and that the payment card you are using is your own and that there aresufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or domesticuse only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you duringthe order process (included any updated information) for the purpose of obtainingauthorisation from your card issuer to ensure you have adequate funds, to authenticateyour identity, to validate your payment card and for other security reasons, such asfraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of yourorder and payment secure, but in the absence of negligence on our part, we cannot be held liablefor any loss you may suffer if a third party procures unauthorised access to any data you providewhen accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, youwill be notified by email and you will have the option either to wait until the item is available or tocancel your order. It is your responsibility to provide us with a valid email address so that we cancontact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offersreceived from you are subject to acceptance by us and we reserve the right to refuse any orderplaced by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the orderprocess and we will not accept an order unless all details requested from you have been enteredcorrectly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shallnot amount to our acceptance of your offer to purchase the Goods ordered by you from theWebsite.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsistafter we have debited your payment card and have confirmed that we have dispatched the Goodsor made them available to be downloaded. We will send you an email to confirm this (a'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buythe Goods from us. The Contract will only be formed when we send you the Confirmation Notice(whether or not you receive it).
9.6. Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, suchas by subscription, they shall be provided for a minimum fixed period of time (the 'MinimumDuration'). The length of the Minimum Duration will depend on which package or product you haveselected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obligedto supply any other Goods which may have been part of your order until we have sent you aseparate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you shouldprint out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you orderthe Goods from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law orgovernmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you theConfirmation Notice, in which case, we are entitled to assume that you have accepted it,unless we receive written notification from you to the contrary within seven working daysof receipt of the Confirmation Notice
10.1. The Goods will be delivered to you at the address you provided during the order process whichmay be an address other than the billing address, but please note that extra documentation maybe needed to comply with such orders.
10.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you areasked for your signature on delivery, you must examine the Goods before signing for it.
10.3. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it willtake place within 30 days or a reasonable time of the date of the Confirmation Notice, unless thereare exceptional circumstances.
10.4. We shall not be liable for any delay in delivering the Goods, however caused.
10.5. The Goods may be sent to you in instalments.
10.6. For Christmas deliveries, we recommend that you check our Website for the last date of delivery.
11.RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due inrespect of them including the cost of delivery.
12.CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before receiving a Confirmation Notice
12.1.1. You may cancel your order for the Goods at any time prior to receiving a ConfirmationNotice from us so long as you contact us in writing. You can send us a cancellationnotice by sending an email to firstname.lastname@example.org or a letter to Office 23, Hindley Business Centre, Platt Lane, Hindley, Wigan, WN2 3PA. Your cancellation notice must quote your name,address, the name or a description of the Goods and your order reference number.
12.2. Cancellation after receiving a Confirmation Notice
12.2.1. You are entitled to cancel your Contract at any time prior to receiving the Goods so longas you provide us with written notice or, if you have received the Goods, so long as youprovide us with written notice at anytime within 7 working days starting from the dayafter you received the Goods. You can send your cancellation notice by email to email@example.com or a letter to Office 23, Hindley Business Centre,Platt Lane, Hindley, Wigan, WN2 3PA. Your cancellation notice must quote your name,address, the name or a description of the Goods and your order reference number.
12.2.2. Upon receiving your cancellation notice, we will contact you and provide details ofwhere you must return the Goods and other relevant instructions. You must thenimmediately return the Goods to us at your own cost and risk. We reserve the right, atour option, to collect the Goods from you. If we wish to collect the Goods we will notify
you of when they will be collected by us. We will charge you for the cost of collecting theGoods and will deduct this from any sum owed by us to you.
12.2.3. The Goods must be returned to us in the same condition in which you received themuntil such time as the Goods are either collected by us or delivered back to us by you.You must return the Goods with its original packaging and the original invoice. You havea legal obligation to take reasonable care of the Goods whilst they are in yourpossession. If you fail to comply with this obligation, we may have a right of actionagainst you for compensation.
12.3. Exception to the right to cancelYou will not have a right to cancel an order for goods purchased from us, in the following situations:
12.3.1. If you expressly agree to us beginning to provide any services before the end of thecancellation period.
12.3.2. The Contract is for goods which are bespoke or have been personalised or which maydeteriorate (such as food)
12.3.3. The Contract is for goods and/or services the price of which is dependent onfluctuations in the financial market which cannot be controlled by us
12.3.4. The Contract is for the sale of land or financial services
12.3.5. The Contract is for the sale of goods by auction
12.3.6. The Contract is for the supply of:
126.96.36.199. Audio or video recordings and computer software if unsealed by you
188.8.131.52. Audio or video recordings and software and other items that you havesuccessfully downloaded where a free trial or demonstration was availableto you to view or download
184.108.40.206. Newspapers, magazines and other periodicals
220.127.116.11. Gaming, betting and lottery services
12.4. Damaged, faulty or wrongly delivered goods
12.4.1. We will offer you a refund of the full purchase price, including the cost of delivery forsending the goods to you, and the cost of returning the Goods to us, provided that youreturn the Goods to us and the conditions set out in paragraph 12.5.2. are met. Wemust also be reasonably satisfied that:
18.104.22.168. the Goods have not suffered damage after delivery;
22.214.171.124. the Goods have not been misused or used other than in accordance withthe instructions; and
126.96.36.199. the problem is not due to normal wear and tear.
12.4.2. In addition to the requirements of paragraph 12.5.1, the Goods in terms of which youare claiming a refund must have:
188.8.131.52. been damaged on delivery;
184.108.40.206. been delivered in a faulty condition;
220.127.116.11. developed a fault within 14 days of delivery; or
18.104.22.168. have been delivered to you in error.
12.4.3. Alternatively, at your option, instead of a refund (and subject to returning the Goods asrequired under this clause) we will replace the Goods with the same or a similar product(subject to stock availability).
12.4.4. Sometimes the product specifications from the manufacturer may change, in whichcase, if you request a replacement, we will do our best to offer you a substitute of thesame or better quality at the same price. If you are not happy with the replacement, youcan return the Goods to us.
12.4.5. In order to claim a refund or replacement item please send us a cancellation notice assoon as you become aware of a problem and no later than 7 working days after receipt
or the fault developing by email to firstname.lastname@example.org or a letter to Office 23, Hindley Business Centre, Platt Lane, Hindley, Wigan, WN2 3PA. Your cancellation notice must quote your name,address, the name or a description of the Goods, a brief description of the problem, faultor damage and your order reference number.
12.4.6. Upon receiving your cancellation notice, we will contact you and provide details of