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Welcome to our website.
1 DEFINITIONS
In this document, the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller.
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller.
1.4 "List Price" means the list of prices of the Goods maintained by the Seller on the Website as amended from time to time.
1.5 "Seller" means:
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.7 “Website” means www.shinygem.co.uk which is a trading name of the above company.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall not be applicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.6 The content of the pages of the Website is for the Buyer’s general information and use only. It is subject to change without notice.
2.7 The Seller does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. The Buyer acknowledges that such information and materials may contain inaccuracies or errors and the Seller expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.8 The Buyer’s use of any information or materials on the Website is entirely at the Buyer’s own risk, for which the Seller shall not be liable. It shall be the responsibility of the Buyer to ensure that any products, services or information available through the Website meet the Buyer’s specific requirements.
2.9 The Website contains material which is owned by or licensed to the Seller. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.10 All trade marks reproduced in the Website which are not the property of, or licensed to, the Seller are acknowledged on the Website.
2.11 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
2.12 From time to time the Website may include links to other websites. These links are provided for the convenience of the Buyer and to provide further information. They do not signify that the Seller endorse said website(s). The Seller accepts no responsibility for the content of the linked website(s).
2.13 The Buyer may not create a link to the Website from another website or document without prior written consent from the Seller.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Sellers current List Price at the date of order or as agreed between the parties. The price is exclusive of any delivery charges.
3.2 Payment of the total purchase price (including any delivery charges) must be made in full by the Buyer before despatch of the Goods by the Seller.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 14 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5 WARRANTY
The Seller warrants that the Goods will, at the time of delivery, correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made, then it shall be the responsibility of the Buyer to return the faulty Goods to the Seller at their own cost. Postage will be refunded, where appropriate.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyers fault, the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyers cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any, and subject to a 20% restocking charge).
7 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
7.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.
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