2. CHANGES TO THESE TERMS
3. OTHER APPLICABLE TERMS
The following additional terms also apply to your use of the Website:
If you purchase goods from the Website, our terms and conditions of sale will apply to such purchases.
4. ACCESSING THE WEBSITE
The Website is made available free of charge.
Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
5. WEBSITE CONTENT
We may update the Website from time to time and may change any part of the content at any time. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
6. ACCEPTABLE USE
- You must not use the Website in any way that breaches any applicable local, national or international law or regulation.
- You may not, and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.
- You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.
- You shall not breach or attempt to breach the security of this Website.
- When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.
- The Website is intended exclusively for residents of the United Kingdom. We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
- You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.
- You may use the Website only for lawful purposes.
- You may not use the Website:
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- If you are uploading content to the Website, the content must:
- Be accurate (where you state facts) or be genuinely held (where you state opinions); and
- Comply with applicable law in the UK and in any country from which they are posted.
- If you are uploading content to the Website, the content must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trade mark of any other person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- Give the impression that the content emanates from us, if this is not the case.
7. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website, and the material published on it including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, “look and feel” and arrangements. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use the Website or any part of it for commercial purposes without obtaining a license to do so from us or our licensors.
The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of Fraser Hart Limited or third party owners. You are granted no right or license with respect to any such trademarks or service marks and any unauthorized use is strictly prohibited.
8. YOUR INFORMATION
9. UPLOADING CONTENT
- Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the standards set out in 6.12 and 6.13 above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
- Any content you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy, or where otherwise required by law.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
- We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the standards set out in 6.13 and 6.14 above.
- The views expressed by other users on the Website do not represent our views or values.
10. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
Certain content, products and services available via the Website may include materials from third parties and we may provide links to certain third party websites. We have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. We therefore do not warrant, endorse or accept any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you and you access such websites at your own risk.
11. LIMITATION OF OUR LIABILITY
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, the Website; or
- Use of or reliance on any content displayed on the Website.
- Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
12. GOVERNING LAW AND JURISDICTION
13. CONTACT US
TERMS AND CONDITIONS FOR THE SALE OF GOODS ONLINE
This website, www.parkerscufflinks.co.uk (the “Website”) is operated by or on behalf of Parkers Cufflinks having it’s premises at Manor Cottage, Upper Wield, Alresford, Hants. SO24 9RU.
In these Terms, when we refer to we, us, our etc, we are referring to Parkers Cufflinks. When we refer to you, we are referring to you, the customer.
These Terms, and any Contract between us, are only in the English language.
You can contact us by writing to us at the above address, by emailing firstname.lastname@example.org or by calling us on 01420 562550.
In these Terms, when the following words with capital letters are used, this is what they will mean:
“Bespoke Items” means Goods which are made-to-measure or made to your specification, customised or custom-made, or personalised and includes (without limitation) any bespoke or engraved jewellery;
“Contract” means the contract for the purchase and sale of the Goods through the Website which is formed in accordance with section 3 below;
“Goods” means the products (including, but not limited to, cufflinks and jewellery) which we make available for sale through the Website;
“Event Outside Our Control” means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
“Order” means an order for Goods which you submit to us through the Website using our online ordering system;
“Terms” means these terms and conditions of sale.
15. PLACING AN ONLINE ORDER
- In order to place an Order through the Website, you must be (i) a consumer; and (ii) over the age of 18 years. If you wish to purchase any goods or services on behalf of a business, please contact us using the details provided above.
- When you order any Goods through the Website, these Terms will apply to that Order. As part of the order process you will be asked if you accept these Terms, so please read the Terms carefully before clicking on “I Accept”. If you do not accept the Terms, then you will not be able to order any Goods through our Website.
- If we accept your Order, these Terms will form the basis of the Contract between us. Please see section 3 below for more information on how the Contract between us is formed. We do not file the Contract, so you should print a copy of these Terms or save them to your computer for future reference. You should also retain a copy of the Despatch Email for your records.
- It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. You should note that we shall not be responsible for any errors which you make when inputting or submitting your Order.
16. HOW A CONTRACT IS FORMED BETWEEN US
- When you place an Order through the Website, you are offering to buy those Goods from us. We will send you an acknowledgement e-mail shortly after you place your Order. However, this email is simply acknowledging receipt of your Order and does not mean that your Order has been accepted. You should note that:-
- We are not obliged to accept your Order; and No contract exists between us for those Goods at this stage.
- If we accept your Order, we will send you an acceptance email which confirms the details of the Goods and the total value, and also confirms that the Goods have been (or will be) despatched (“Despatch Email”) . The Contract between us is formed when we send you the Despatch Email.
- If we are unable to supply you with Goods, for example, because the Goods are not in stock, are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail or telephone and we will not process your Order. We will refund the full amount of your payment if you do not wish to order alternative Goods from us or, in the case of a pricing error, order the Goods at the correct price.
17. OUR GOODS
- Whilst we display images (including photographs and product videos) of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods, but we cannot guarantee that your computer’s display of the colours accurately reflect the colours of the Goods. You should also note that images of the Goods on the Website may not be representative of the actual size of the Goods.
- For the purpose of the Contract, the quantity, quality (where appropriate), description and any specification of the Goods will be set out in the Despatch Email.
- We reserve the right to alter the Goods or any relative specifications (whether such specifications have been submitted by you in the Order or otherwise) at any time, if we are required to do so by law. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.
- As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these rights. In addition to your legal rights, some of the Goods we sell come with a manufacturer’s guarantee. Please contact us if you want more information about any manufacturer’s guarantee which applies to the Goods in your Order.
- We will do what we reasonably can to meet the estimated delivery timeframe referred to in the Despatch Email, with the Goods to be delivered to the address stated in the Despatch Email. However please note that this date is only an estimate and may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
- The Goods will be your responsibility from delivery. If, for whatever reason, you have not paid for the Goods in full by the time they are delivered to you, you will only own the Goods when we have received payment in full, including all applicable delivery charges.
19 SPECIFIC ONLINE OFFERS
We may offer specific discounts or promotional offers from time to time. Such discount/offers will be subject to the specific terms and conditions stated on the Website in respect of these offers, in addition to these Terms.
19. PRICE & PAYMENT
- The prices on the Website are in POUNDS STERLING and are inclusive of VAT and any other applicable taxes (which are charged at the current rate at the time of purchase). We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email or telephone and give you the opportunity to re-confirm your Order at the correct price.
- You must pay for the Goods at the time of submitting your Order. Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorized and that all information that you submit is true and accurate; and (b) authorize us to charge to the card all amounts payable by you to us (including VAT and any other applicable taxes) in connection with your Order. If, for whatever reason, we do not accept your Order, we will refund your payment in full.
- You may be subject to validation checks and/or third party authorizations depending on your method of payment.
- Please note that, even if the Contract has been concluded, we do not have to provide the Goods to you at the incorrect price if the pricing error is obvious and could reasonably have been recognized as a pricing error.
20. YOUR RIGHT TO CANCEL
- If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in section 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. This cancellation right does not apply in the case of any Bespoke Items. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
- You may cancel a Contract at any time from the date of the Despatch Email until the date which falls 7 (seven) working days after the day the Goods are delivered to you (working days means that Saturdays, Sundays or public holidays are not included in this period).
- If you do wish to cancel the Contract, you must write to us at the address or email address provided above. Your cancellation is effective from the date you send us the e-mail or post the letter to us.
- If you cancel a Contract under section 8.1 of these Terms and the Goods have already been delivered to you:
- (a) You must return the Goods to us as soon as reasonably practicable and within 14 calendar days of you giving us notice of your cancellation – we recommend that you return the Goods to us by Royal Mail Special Delivery (or an equivalent “signed for” delivery service);
- (b)Unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us; and
- (c)You have a legal obligation to keep the Goods in your possession until such times as you return them to us; and
- (d)You have a legal obligation to take reasonable care of the Goods while they are in your possession. In the case of items which have hygiene seals (such as earrings and other pierced items), your obligation to exercise reasonable care includes not removing or opening the hygiene seals.
- In the event that you do not return the Goods to us in accordance with section 8.4 above, or if you return the Goods at our expense, we shall be entitled to charge you our direct costs of recovering the Goods from you.
21. CANCELLATION BY US
- We may cancel any Contract (or any part of the Contract) if for any reason the Goods are withdrawn by the manufacturer or by order of any governmental authority, in which event we will notify you by email and refund any payments you have made in respect of the Goods.
- With the exception of any Bespoke Items, Goods are subject to a 30 day money back guarantee provided that they are returned to us in their original condition and packaging within 30 days of the date of delivery to you. The Goods must also be accompanied by our despatch paperwork. Prior to returning the Goods, you should contact us at email@example.com or 01420 562550. Items may be returned direct to Parkers Cufflinks. Manor Cottage, Upper Wield, Alresford, Hants. SO24 9RU. Subject to your statutory rights, Goods which have hygiene seals cannot be returned under this section 10 if the hygiene seals have been removed or opened. This does not affect your usual consumer rights, including your right to claim a refund, replacement, repair and / or compensation where the goods are faulty or misdescribed.
- If you are returning Goods to us by post or courier, we strongly recommend that you send them by Royal Mail Special Delivery (or an equivalent “signed for” delivery service) to ensure proof of delivery and insurance for the Goods whilst they are in transit. We cannot be responsible for any Goods which are lost in transit. Refunds will only be made to the card used to purchase the Goods. The delivery charge is non refundable except where the goods are faulty or in cases where the order was cancelled under the UK Distance Selling Regulations.
- Except as expressly provided in this section 10, this Website, the service, and the Goods are provided on an “as is” and “as available” basis. The express warranties stated above are in lieu of all other warranties, express or implied or statutory, including without limitation any implied warranties of merchantability or fitness for a particular purpose and any warranty of non-infringement.
23. OUR LIABILITY
- If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We will not however be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- Nothing in these Terms shall limit any rights you might have as a consumer or other legal rights that may not be excluded by law. We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) Defective products under the Consumer Protection Act 1987.
- We will endeavour to process refunds as follows:-
- If we have not accepted your Order, within 30 calendar days of us notifying you by email of this;
- If you have exercised the right to cancel under section 8 of these Terms, within 30 calendar days of the date that you notify us (by email or letter) that you are exercising the right to cancel; and
- If you are cancelling under section 10 of these Terms (and provided the requirements of section 10 have been met), within 30 calendar days of us receiving the returned Goods from you.
- Refunds are made in the same form of payment originally used for purchase. When a refund is made to a credit or debit card it may not show up in your account straight away as the clearing banks take time to process the refund. Typically this can take up to 7 (seven) working days, but varies depending on your own bank. If you would like further clarification on the timescales involved, please contact your card issuer.
25. YOUR INFORMATION
26. OTHER IMPORTANT LEGAL TERMS
- We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.
- Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or part of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will do so only in writing, but that will not mean that we automatically waive any later default by you.
- We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
- We may transfer our rights and obligation under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing to such a transfer.