Terms & Conditions

Terms and Conditions - Sale of Goods

You will be asked to expressly agree to these terms and conditions before ordering Products from this Site.  Please read them carefully.  If you do not agree to them, do not order any Products from this site.  In order to indicate your acceptance of these terms and conditions, you must click the checkbox, to say that you have read and agree to the Terms and Conditions, which is presented during the check-out process. 

Please note that you may only purchase Products from this site if you are over 18 and resident in the UK. 

(1)        Definitions and interpretation

In this Agreement “we” means Pearlwater Jewellery (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly). 

In this Agreement, the following definitions shall apply: 

“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;

 “First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order; 

“Order” means your order for Products made via the Site;

 “Products” means goods which may be purchased by you from the Site; 

“Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and 

“Site” means the website at www.pearlwaterjewellery.co.uk or any successor site operated by us from time to time.

 (2)        This Agreement

 The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer.  No contract comes into force between you and us unless and until we accept your Order.

 In order to enter into this Agreement with us, you will need to take the following steps:  (i) you must add any of the Products you wish to purchase to your shopping cart, and then proceed to the checkout;

(ii) if you are a new customer, you may create an account with us and log in; if you are an existing customer, you must enter your login details;

(iii) Once you are logged in, you must ensure we have sufficient address details to fulfil your Order and confirm your Order and your consent to the terms of this Agreement;

(iv) You will be transferred to the Paypal website, and Paypal will handle your payment; (v) we will then send you the First Acknowledgment; and

(vi) Once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order and arrange to refund any payment you have made.

 Please note that we will not file a copy of this Agreement.  We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of this Agreement for your records.

 The only language in which we offer this Agreement is English.

 Before you confirm your Order, you should review the information you have provided and check that you have not made any inputting errors. You may correct any mistakes by making use of the "Modify" links provided at every stage in the checkout process.

 (3)        The Products

Our principle products are items of jewellery. We endeavour to provide detailed descriptions including materials and sizes against each product on our website.

 (4)        Price and payment

 Prices for Products are quoted on the Site.  The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced.  We will verify prices as part of our sale procedures so that a Product's correct price will be stated in the Second Acknowledgement.

 Delivery charges are currently included in the price of the product in the UK.

 Payment must be made at the time of placing the order.  We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.

 The prices on the Site include any value added or sales taxes (where applicable).

 Payment for all Products must be made by any payment method currently accepted by PayPal, OR any method detailed on the Site from time to time.

 Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.

 (5)        Delivery

 We will arrange for the Products to be delivered to the address for delivery indicated in your Order.

 We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within 6 days of the date of our Second Acknowledgement.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement.

 We will only deliver Products within the UK.

 (6)        Risk and title

 The Products will be at your risk from the time of delivery.  Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).

 (7)        Consumer rights

 You may cancel this Agreement at any time within 7 working days after the day you received the Products (subject to the limitations set out below). 

 If you cancel this Agreement on this basis, you must follow the procedure set out under the "Returns" tab on our website and return the Products to us immediately, in the same condition in which you received them.  Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you).  However, you will be responsible for paying the cost of returning the Product to us.

 If you cancel this Agreement on this basis and you do not return the Products to us, we may recover the Products and charge you for the costs we incur in doing so.  Similarly, if you return the Products at our expense, we may pass that expense on to you.

 (8)        Defective Products

 You may also cancel this Agreement if the Products supplied are defective. 

 Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us).  Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.  You should still follow the procedure set out under the "Returns" tab on our website.

 (9)        Refunds

If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.

 (10)      Warranties

 We warrant to you that any Product you purchase through the Site will be of satisfactory quality.

 You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the UK; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.

 Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied. 

 (11)      Limitations of liability

 Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

 Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.

 (12)      General terms

 Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.

 We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy; use of our website will be subject to our Website Terms and Conditions.

 This Agreement may only be varied by an instrument in writing signed by both you and us.  We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.

 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

 No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.

 You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement.   Any attempt by you to do so shall be null and void.  We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.

 This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.

 This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. 

 This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.

 These terms of sale are based on a template

created and distributed by www.website-law.co.uk.

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Terms and Conditions for the use of our website

 (1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

You must be at least 18 years of age to use our website to buy products. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

(2) Credit

These terms and conditions are based on an SEQ Legal terms and conditions form.

(3) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

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:

(a) republish material from this website (including republication on another website) except in accordance with an affiliate agreement;

(b) sell, rent or sub-license material from the website;

(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(d) edit or otherwise modify any material on the website; or

(e) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

 (4) Acceptable use

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.

You must not use 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, keystroke logger, rootkit or other malicious computer software.

You must not 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.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(5) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

 (6) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations and exclusions of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

(9) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(11) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(12) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(14) Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(15) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

 (18) Our details

Can be found on the "Contact" page.

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