This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website (www.whartongoldsmith.com) to you. It is your responsibility to read these terms carefully before ordering any products from our site.
We reserve the right to change these terms at any time. Such changes will take effect when the revised terms are posted on our site. You should therefore read the terms carefully each time you order products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms for future reference.
1. Information About Us
www.whartongoldsmith.com is a site operated by Wharton Goldsmith Limited . The trading address is No.1 George Street, St. Albans, Hertfordshire, AL3 4ER, England. Our VAT number is 76434 2525.
2. Service Availability
Our site is only intended for use by people resident in the UK.
3. Your Status
By placing an order through our site, you warrant that:
1. You are legally capable of entering into binding contracts;
2. You are at least 18 years old;
3. You are resident in the UK; and
4. You are accessing our site from that country.
4. Order Process
4.1 The 'confirmation' stage of the purchase process will set out the final details of your order. Following this, we will send you an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.2 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 email that confirms that the product has been despatched. The contract between us will only be formed when we send you the despatch confirmation.
4.3 The contract will relate only to those products whose despatch we have confirmed in the despatch confirmation. We will not be obliged to supply any other products, which may have been part of your order until the despatch of such other products has been confirmed in a separate despatch confirmation.
5. Our Status
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms of that third party seller, which they will advise you of directly. You should carefully review their terms applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Consumer Rights
6.1 If you are contracting as a consumer, you may cancel a contract at any time within seven 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 (set out in clause 10 below).
6.2 To cancel a contract, you must inform us in writing and return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. All tags must be intact, tags that have been removed will not be refunded.
6.3 You will not have any right to cancel a contract for the supply of any products that have been altered for you the consumer.
6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.
7. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.
8. Risk and Title
8.1 The products will be at your risk from the time of delivery.
8.2 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.
9. Price and Payment
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in ourDelivery Guide.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
9.4 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 incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when despatching the product to you. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Maestro, Visa Electron (UK and non UK issued), Visa Debit, Solo and Amex. We will not charge your credit or debit card until we despatch your order.
10. Our Refunds Policy
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 15 that you do not agree to any change in these Terms or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
10.2 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.
10.3 Products returned by you within the seven-day cooling-off period (see clause 6.1 above) will be refunded 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.
10.4 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 16 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
10.5 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
10.6 Earrings for pierced ears can only be returned and refunded if the earrings are defective.
11. Our Liability
11.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
11.2 Subject to Section 11.1 above, we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
11.3 Subject to Section 11.1 above, other than as expressly provided in these Terms with respect to specific products and except for the exclusive remedies set out at Section 10 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
11.4 Subject to Section 11.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• loss of goodwill or reputation; or
• special or indirect losses;
• suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
11.5 Notwithstanding the above, subject to Section 11.1, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same cause.
11.6 This clause 11 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
11.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12. Import Duty
12.1 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.
12.2 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.
13. Intellectual Property
13.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
13.2 You acknowledge and agree that the material and content contained within this site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this site. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
14. 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 Wharton Goldsmith Limited at No.1 George Street, St. Albans, Hertfordshire, AL3 4ER, England. 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. 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.
16.1 The Contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
16.2 We have selected the Products on the basis that they will be used for domestic use only.
16.3 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
16.4 You may not assign or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party unless agreed upon in writing by us.
16.5 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
16.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
16.7 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
1. Wharton Goldsmith Limited shall have the right to enforce any rights or benefits under these Terms;
2. Wharton Goldsmith Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
3. a person who is a permitted successor or assignee under clause 16.5 above of the rights or benefits of these Terms may enforce such rights or benefits.
4. No consent from the persons referred to in clause 16.7 is required for the parties to vary or rescind these Terms (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
16.9 No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Wharton Goldsmith Limited.
16.10 These Terms including the documents or other sources referred to in these Terms supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this site.