Website Terms & Conditions
Terms and conditions for the use of this website (please scroll down). Please read these terms and conditions carefully, they contain important information about your rights and obligations.
INTRODUCTION
1.1 Please read these terms and conditions carefully before using the website operated by Hidden Gem Jewellers Ltd (hereinafter may also be identified as hidengemjewellers.co.uk, the company, our, our website, we or us).
1.2 By using hiddengemjewellers.co.uk (our website) you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.
2.1 Our website is a place for you to select and order jewellery and any other items shown for sale on the website (the products). Our website describes the products in more detail.
3. Your account.
3.1 If you use this site you are responsible for maintaining the confidentiality of your password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
3.2 We do sell products for children but we sell them to adults, who can purchase with a credit card. Hidden Gem Jewellers Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4. Buying products on our website.
4.1 To order a product you will need to follow ordering procedures set out on our order page. Details of our prices for the products and the procedures for payment and delivery are displayed at the relevant parts of our website.
4.2 Any times or dates stated on our website for delivery are estimates only. Hidden Gem Jewellers Ltd will make all reasonable effort to deliver goods within the time specified but does not accept liability for any failure to deliver within that time.
4.3 The price of any product is the price in force at the date and time of your order and are stated in UK Pounds Sterling. We may change the price of any product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. In the event of a pricing error we will endeavour to honour the price but do reserve the right to cancel any order which would be uneconomic or where the price has been abused. All prices are exclusive of delivery costs and applicable taxes.
4.4 Hidden Gem Jewellers Ltd is entitled to refuse any order placed by you.
If your order is accepted we will confirm acceptance to you by online electronic means (confirmation) to the e-mail address you have given us. The order will then be fulfilled by the date set out in the confirmation or, if the confirmation does not contain such a date, within thirty (30) days.
4.5 If the product you have ordered is not available we may provide you with a substitute of an equivalent quality and price (“substitute product”).
4.6 You undertake that all details you provide to us or to any third party to whom we sub-contract the handling of collecting payment, for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card or any electronic cash which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation (whether direct or via a third party) of your credit or debit card details before providing you with any goods or services.
4.7 All items purchased from us are made pursuant to a shipment contract. This means that the title and the risk of loss of any purchased product passes to you upon our delivery to the shipping carrier.
5 Returns.
5.1 You may return any products that you have purchased from us within 7 days of delivery. To do so you must firstly notify us in writing or other durable medium ( including e-mail) within those 14 days (see contact details at 5.5).
5.2 Provided that we receive the relevant product back from you in good and unused condition, you will then be entitled to a refund which will be made as soon as possible but in any event within thirty (30) days of receipt of the returned product.
5.3 You must arrange for and pay for the costs of returning the products to us.
5.4 If for any reason you wish to return a product to us you must send it back to us at the address set out below together with the presentation box and the packing slip which came with the product. Since you are responsible for returning the goods to us at the address below at your own risk and cost, we strongly recommend that you use an insured and verified delivery method such as Royal Mail Special Delivery. Hidden Gem Jewellers Ltd., 59 High Street, New Romney, Kent TN28 8AH. Telephone 01797 364080. E-mail: info@hiddengemjewellers.co.uk
6. Website access.
6.1 Limited Licence and access to our website does not permit downloading or modifying any part of our website. This licence does not include nor permit any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices, any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Hidden Gem Jewellers Ltd. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information ( including images, text, page layout or form) of hiddengemjewellers.co.uk and our affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing hiddengemjewellers.co.uk’s name or trademarks without the express written consent of Hidden Gem Jewellers Ltd.
7. Modifications to the website.
7.1 We reserve the right to make changes, corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new products shall be subject to these terms and conditions.
7.2 Please note that whilst we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
8. Information that you provide to us.
8.1 The following applies to any information that you provide to us, for example during any registration or ordering process.
8.2 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including any purchaser of the whole or part of our business), associates, sub-contractors or other third parties.
8.3 You must ensure that the personal details that you provide to us are accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
8.4 We do not supply or sell your personal information to any other party.
9. Security
9.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
10. Applicability of online materials.
10.1 our website is controlled and operated by us from our premises in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
10.2 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK.
Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website, or services or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
10.3 Hidden Gem Jewellers Ltd/hiddengemjewellers.co.uk makes no representations and gives no warranties, express or implied that making the products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to you. You accept that if you are resident outside the UK you must satisfy yourself that you are lawfully able to purchase the products. Hidden Gem Jewellers Ltd/hiddengemjewellers.co.uk accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
11. Copyright and monitoring.
11.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Hidden Gem Jewellers Ltd., its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior consent, except where expressly invited to do so.
12. Linked Sites.
12.1 We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from hiddengemjewellers.co.uk and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorses or accepts any responsibility for the content or the us of such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to it’s website administrator or web master.
13. Availability of our website.
13.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and in particular you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other internet connected device.
14. Liability.
14.1 We promise that for any product that you purchase from our website:
14.1.1 We have the right to sell the product to you.
14.1.2 The product will correspond substantially with the description that we have given to you.
14.1.3 The product will be of satisfactory quality.
14.2 We also promise that any service that we provide to you will be provided with reasonable skill and care.
14.3 Save as set out in this clause 14, we exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the products), our website or any information or service provided through our website.
14.4 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an “as is” basis and you assume total responsibility and risk for your own use of our website and use of all information contained within it. Please note that weights of metals and stones are a guide only unless stated otherwise and any images may not represent the actual size of a product or item.
14.5 We accept no liability for any indirect or consequential loss or damage or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of the company, our servants, agents or any other person or entity.
14.6 If we are liable to you for any reason, our liability will be limited to twice the amount paid by you for the product concerned.
14.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
15. General.
15.1 We may, but you may not, assign any rights and/or transfer, subcontract or delegate any obligations under these terms and conditions and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 15.1
Shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
15.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
15.3 These terms and conditions together with the privacy policy, and order form and payment method instructions, if any, are the whole agreement between you and Hidden Gem Jewellers Ltd/hiddengemjewellers.co.uk. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Hidden Gem Jewellers Ltd/hiddengemjewellers.co.uk or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
15.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
15.5 These terms and conditions an your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
15.6 Except in respect of a payment obligation, neither you nor Hidden Gem Jewellers Ltd/hiddengemjewellers.co.uk will be held liable for any failure to perform any obligation to the other due to causes beyond your or Hidden Gem Jewellers Ltd/hiddengemjewellers.co.uk’s respective reasonable control.
15.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
15.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16. Notices.
16.1 All notices shall be given to us via e-mail at info@hiddengemjewellers.co.uk
Or by post at Hidden Gem Jewellers Ltd., 59 High Street, New Romney, Kent TN28 8AH; or to you at either the e-mail or postal address you provide during any registration and/or ordering process.
16.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
16.3 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Replacement.
17.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the products.
