SECTION 2: Purchase Terms & Conditions
Terms of Sale | Background:
These Terms set out the basis in which Goods are sold by Michael Spiers Jewellers Limited to you (user) via our website: www.michaelspiers.co.uk and our other licensed domains. By ordering Goods from our website or using this website, you agree to our Terms & Conditions.
1. Definitions and Interpretations
1.1 In these terms, the following expressions mean:
Contract: the contract between Michael Spiers Jewellers Limited and you (user)
Goods: the Goods sold by Michael Spiers Jewellers Limited through our website
Order: your purchased order of Goods
Order Confirmation: our acceptance and confirmation of your Order
Order Number: the reference number in accordance with your Order
We/Us/Our: Michael Spiers Jewellers Limited, a company registered in England under 689786, whose registered address is 54 Cornwall Street, Plymouth, Devon, England, PL1 1LR and VAT number being 144069671
You/Your: you as the customer
1.2 References within these terms to ‘in writing’ include digital email copies.
2. Access to and Use of our Website
2.1 Use of our website is subject to our Privacy Policy and Section 1: Use of our Website.
3. Age Restrictions
3.1 You may only purchase Goods through our website if you are at least 18 years of age.
4. Business Customers
4.1 Purchase of Goods via our website is for consumers only. Business purchases are not permitted.
5. Goods, Pricing, and Availability
5.1 We take responsibility to ensure that all descriptions, videos, and graphical representations of Goods correspond to the actual Goods. Please note:
5.1.1 Images of Goods are illustrative only. There may be slight variations in colour between the image of a Good and the actual Goods sold due to the differences in computer displays and lighting conditions;
5.1.2 Descriptions of packaging are for illustration only, the actual packaging of Goods may vary, including gift wrapping.
5.2 Please note that clause 5.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether.
5.3 We cannot guarantee that Goods will be available. Stock indications are not provided on our website. If Goods are out of stock, the consumer will be able to inquire about whether we can source the specific product, although this may not be possible if the product is out of stock with our supplier or discontinued.
5.4 Minor changes may be made to certain Goods between Your Order being placed and Us processing that Order and dispatching of Goods, for example, to reflect changes in relevant laws. Any such changes will not change the main characteristics of the Goods.
5.5 We make all reasonable efforts to ensure that all prices on our website are correct. We reserve the right to change prices and add, alter, or remove special offers at our discretion.
5.6 All prices checked by Us before We accept your Order. In the event that We display an incorrect price, We will contact you directly. If the correct price is lower than shown, We will charge you the lower amount and continue to process Your Order. If the correct price is higher, we will provide you with the option to continue with your purchase or cancel Your Order. We will not process Your Order in the case that you do not respond within 7 days. We will then cancel Your Order in writing.
5.7 All prices on our website include VAT. If the VAT rate changes between Your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
5.8 Delivery charges are not included in the price of Goods displayed on our website. We offer complimentary delivery using Royal Mail Special Delivery.
6. Orders
6.1 Our Site will guide You through the ordering process. Before submitting Your Order You will be given the opportunity to review Your Order and amend it. Please ensure that You have checked Your Order carefully before submitting it.
6.2 If You provide Us with incorrect or incomplete information, please contact Us (Head Office) as soon as possible. If We are unable to process Your Order due to incorrect information, We will contact You to provide Us with the correct information. If You do not provide Us with the correct information within a reasonable time of Our request, We may cancel your Order. If We incur any costs as a result of Your incorrect or incomplete information, We have the right to pass those costs onto You.
6.3 No part of our website constitutes a contractual offer capable of acceptance. Your Order constitutes as a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You and Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legally binding Contract between Us and You.
6.4 Order Confirmations shall contain the following information:
6.4.1 Your Order Number;
6.4.2 Your Personal Details including email, name, and address;
6.4.3 Confirmation of the Goods ordered;
6.4.4 Itemised pricing of the Goods ordered including taxes, delivery, and any other charges
6.4.5 Estimated delivery dates
6.5 In the unlikely event that We do not accept or cannot fulfil Your Order for any reason, We will notify You in writing. If We have taken payment any such sums will be refunded to You as soon as possible, within 14 days.
6.6 Unless We agree otherwise, any refunds due under these terms will be made using the same payment method that You used when ordering Goods.
7. Payment
7.1 Payment for Goods and related charges must always be made in advance and You will be prompted to pay during the Order process.
8. Delivery, Risk, and Ownership
8.1 All Goods purchased through Our website will normally be delivered in accordance with the time period set out in Our Order process.
8.2 We use Royal Mail to deliver your Goods. You are responsible for ensuring that You are available to receive your Order.
8.3 Delivery shall be deemed complete and the responsibility for the Goods will pass to You once delivered to the address You provide.
8.4 Ownership of the Goods passes to You once We receive payment in full of all sums due.
9. Faulty, Damaged, or Incorrect Goods
9.1 By law, We must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information that We have provided on our website. If any Goods do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact us at shop@michaelspiers.co.ul to inform us, where you can arrange for a replacement, correction, or refund. Options for this are as listed below:
9.1.1 Beginning on the day that You receive the Goods (and ownership of them) You have a 30-day right to reject the Goods and to receive a full refund if they do not conform as stated above;
9.1.2 If You do not wish to reject the Goods, or if the 30-day rejection period has expired, You may request a repair of the Goods or a replacement. We will carry out the repair or replacement within a reasonable time. This action is down to our discretion. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may offer You an alternative or a full refund. If You request a repair or replacement during the 30-day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that You receive the replacement or repaired Goods;
9.1.3 If the Goods do not last a reasonable length of time, You may be entitled to a partial refund. Please be aware that after six months of receiving your Goods, the burden of proof will be on You to prove that the defect or non-conformity existed at the time of delivery. This will also be up to our discretion.
9.2 Please note that You will not be eligible to claim under this clause if You purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that You may not return Goods to Us under this clause merely because You have changed Your mind. As a consumer, You have the legal right to a 14-day cooling off period within which You can return Goods for this reason. Please refer to clause 10 for more details.
9.3 To return Goods to Us under this clause, please contact Us to arrange a return. We will be responsible for the reasonable delivery costs of returning Goods under this clause and reimburse You where appropriate.
9.4 Refunds (whether partial or in full) under this clause will be issued within 14 days of the day on which We agree that You are entitled to the refund.
9.5 For further information on Your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Cancelling and Returning Goods if You Change Your Mind
10.1 As a consumer, You have a legal right to a 14-days ‘cooling-off’ period within which You can cancel the Contract for any reason. This period begins once Your Order is complete and We have sent You Your Order Confirmation. You may also cancel for any reason before We send the Order Confirmation.
10.1 If you wish to exercise Your right to cancel under this clause, You must inform Us of Your decision within the 14-day period. You may do so by emailing us at shop@michaelspiers.co.uk. Cancellation by email or by post is effective from the date in which Your send Us Your message. Within this message, you must provide Us with Your name, address, email address, telephone number, and Order Number.
10.2 Please note that You may lose Your legal right to cancel under this clause in the following circumstances if the Goods have been personalised or custom made for you, are damaged, or have been removed from their protective packaging with the security tag removed.
10.3 Please ensure that You return Goods to Us no more than 14-days after the day on which You have informed Us that You wish to cancel under this clause. Please read our Refund and Return policy for guidance on how to return Goods.
10.4 You may return Goods to Us in person during Our business hours at one of our four Showrooms or You may return them by post to our address 54 Cornwall Street, Plymouth, Devon, PL1 1LR. Please note that You must bear the costs of returning Goods to Us if cancelling under this clause.
10.5 Refunds under this clause will be issued within 14 days when We receive the Goods and approved at our discretion.
10.6 Refunds under this clause may be subject to deductions in the event of any diminished value in the Goods resulting from Your excessive handling of them (e.g. no more than would be permitted in one of our Showrooms). Please note that if We issue a refund before We have received the Goods and have had the chance to inspect them, We may subsequently charge You an appropriate sum if We find that the Goods have been handled excessively.
11. Our Liability to You
11.1 We will be responsible for any foreseeable and reasonable direct loss or damage that You suffer as a result of a breach of Our terms or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 We only supply Goods for domestic and private use by You. We make no warranty or representation that the Goods are fit for commercial, business, or industrial use of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption of business, or for any loss of business opportunity.
11.3 Nothing in these terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4 Nothing in these terms seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
12.2 If any event described under this clause occurs that is likely to adversely affect Our performance of any of Our obligations under these terms:
12.2.1 We will inform You as soon as it is reasonably possible to take reasonable steps to minimise the delay;
12.2.2 To the extent that We cannot minimise the delay, Our obligations under these terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform You when the event outside Our control is over and provide You details of any new dates, times, or availability of Goods as necessary;
12.2.4 If the event outside Our control continues for more than 90 days, We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
12.2.5 If any event outside of Our control occurs and continues for more than 90 days and You wish to cancel the Contract as a result, You may do so in any way You wish.
12.3 Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible in any event within 14 days of the date on which the Contract was cancelled.
13. Communication and Contact Details
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You. If You wish to contact Us in respect to the Goods you received or Your Order (including any problems, complaints, or cancellations) then, You may contact Us either by:
Telephone: 01752 661981
Email: shop@michaelspiers.co.uk
Post: Michael Spiers Jewellers, 54 Cornwall Street, Plymouth, Devon, PL1 1LR
14. Personal Information & Data Protection
14.1 All personal data that We collect about You and use will be processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act of 2018, and the Privacy and Electronic Communications (EC Directive) Regulations of 2003).
14.2 For complete details of Our processing of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable) please refer to our Privacy Policy.
14.3 When You choose to unsubscribe from Our mailing lists, your data is removed from our database. You can re-subscribe at any time. All Marketing communications are on an opt-in basis.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). Your rights under these terms will not be affected and Our obligations under these terms will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) Your obligations and rights under these terms (and under the Contract, as it applicable, as it is assigned to You) without Our express written permission.
15.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms.
15.4 If any of the provisions of these terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these terms. The remainder of these terms shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these terms means that We have waived that right, and no waiver by Us of a breach of any provision of these terms means that We will waive any subsequent breach of the same or any other provision.
15.6 We may revise these terms at any point in response to changes in Our business offering, relevant laws, and other regulatory requirements.
