Augustine Jewels

TERMS AND CONDITIONS FOR THE SALE OF GOODS - AUGUSTINE JEWELS

This page (together with the documents referred to on it) tells you the terms on which we supply any of the products (the Products) listed on the www.odissa.co.uk website (the Website) to you. Please read carefully and understand these terms before ordering any Products from the Website (Terms of Sale).

By placing an order for any of our Products, you confirm that you have read, understood and agree to be bound by these Terms of Sale.  Please understand that if you refuse to accept these Terms of Sale in their entirety, you will not be able to order any Products. If you have difficulty in understanding any of the terms in the Terms of Sale or have any other queries, please contact our customer services team at customer.service@solange.co.uk, who will be happy to assist.

You should print a copy of these Terms (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 20. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14 February 2013.

The language of the contract will be English.

NOTHING IN THESE TERMS OF SALE AFFECTS ANY OF YOUR STATUTORY RIGHTS

1. INFORMATION ABOUT US

Augustine Jewels is operated by Luxury Consumer Brands Ltd (we). We are registered in England and Wales under company number 8277674 and our registered office is Luxury Consumer Brands Ltd, 20 Exhibition House, Addison Bridge Place, London W14 8XP./p>

2.USE OF THE WEBSITE

Your use of the site is governed by our Terms of Use Policy use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

3.HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. ACCESSING THIS WEBSITE FROM OUTSIDE THE UK

4.1 If you order Products via the Website for delivery outside the UK, they may be subject to import duties, taxes, fees or other levies when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties, taxes, fees or levies.  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.

4.2 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 responsible for your compliance with, and will have no liable to you or other any person for any breach by you or any other person, of any such laws or regulations.

4.3 You will indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of paragraph 4.1 or paragraph 4.2 of these Terms of Sale.

5. YOUR STATUS

5.1 By placing an order through the Website, you warrant that:

you are legally capable of entering into binding contracts; and

you are at least 18 years old; and

you are placing the order as a consumer, i.e. an individual is acting outside his or her business.

5.2 If we discover at any time that any of the above warranties (or any part of them) are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have against you under the general law.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

6.2 Your placing of an order with us for a Product constitutes an offer to buy the Product from us and all orders are subject to acceptance by us. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this email of acknowledgement does not mean that your order has been accepted by us, or that a contract has been made between us. We will confirm to you our acceptance of your order by sending you a separate e-mail that confirms that we have accepted your order and along with details of when the Product will be ready to be dispatched (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

6.3 The Contract will relate only to those Products which are expressly referred to in the Order Confirmation as being part of the accepted order.  If we are unable to supply all of the Products listed in your order and have only accepted your order in respect of certain of those Products, we will not be obliged to supply any of the remaining Products which may have been part of your order until we have confirmed to you, by sending you a separate Order Confirmation, that we have accepted the order of any of those remaining Products.

6.4 The language of the contract will be English.

7. RIGHT OF CANCELLATION FOR UK AND EU CONSUMERS

7.1 If you are a UK or EU 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 clause 7.2. 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 a Product, you can notify us of your decision to cancel the Contract and receive a refund.

7.2 However, this cancellation right does not apply in the case of:

any made-to-measure or custom-made products;

newspapers, periodicals or magazines;

perishable goods, such as food, drink or fresh flowers;

software, DVDs or CDs which have a security seal which you have opened or unsealed.

7.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. If you exercise this cancellation right, you will receive a full refund of the price paid for the Products and the cost of delivery to you in accordance with our Returns Policy (set out in clause 12 below).

7.4 To cancel a contract under your statutory rights referred to above in paragraph 7.1, you must inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1.1 or by email to customer.service@solange.co.uk.

7.5 You must take reasonable care of the Products, and must keep the Products in your possession at all times.  If you are in breach of any of your obligations to take reasonable care of the Products or keep the Products in possession, we will have a claim against you and may deduct from the refund any costs or damages incurred or suffered by us as a result of the breach.

7.6 When you have exercised your statutory cancellation right referred to above in paragraph 5.1, the Product must be returned to us as soon as reasonably practicable at your own cost and in strictly accordance with our Returns Policy at paragraph 12.

7.7 Details of your statutory right of cancellation, and an explanation of how to exercise it, are also provided in the Order Confirmation.  This provision does not affect your statutory rights.

7.8 The statutory cancellation right described in this paragraph 7 is in addition to any other right that you might have to reject the Products, for instance because they are faulty or defective.

8. DELIVERY

8.1 Please note that we cannot guarantee specific delivery times, any dates for delivery are intended to be estimates and time for delivery shall not be of the essence of any contract between us. If the Product is in stock at the time we will aim to dispatch the Product within 2 to 5 working days of the Order Confirmation. If a Product (or substitute product) is unavailable or we anticipate any delay in the dispatch of the Products or fulfilment of the delivery, we will contact you to agree a later delivery date. Please note that whilst we aim to fulfil the delivery of Products within 30 days from the date of your order, it is possible that delivery may take place more than 30 days from the date of your order.

8.2 Delivery may be made by Special Delivery Royal Mail. All deliveries will require a signature upon receipt. This signature will be deemed as proof of receipt by you and accordingly we will be accepted by us as evidence of delivery and fulfilment of the order.

8.3 If a delivery is made, at your request, to an address which is not the same as the invoice address (for example if purchased by you as a gift for another person), the signature received at the delivery address will be accepted by us as evidence of delivery and fulfilment of the order.

8.4 If we are unable to make delivery, for example because no one is available at the delivery address or because we were unable to gain access to the delivery address, a note will be left at the delivery address and you will be required to make contact with postal service to arrange a new delivery date.

8.5 We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by an Event Outside Our Control (see paragraph 14 below)..

8.6 The quantity of any consignment of Products as recorded by us upon dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

9. DELIVERY CHARGES

9.1 All Products will be sent by Special Delivery Royal Mail and will incur the following costs:-

9.1.1 Orders within the UK:-

Order with a value of up to £30 - £8.00

Order with a value of up to £1000 - £10.00

Order with a value of  £1000 or higher - £20.00

9.1.2 Orders outside the UK:-

Order with a value of up to £300 - £12.00

Order with a value of up to £1000 - £18.00

Order with a value of  £1000 or higher - £34.00

9.3 Each package has its own specific tracking number and items are insured for their full value.

10. RISK AND OWNERSHIP

10.1 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.

10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of any Products purchased by you from us, including any delivery charges.

10.3 Until ownership of the Products has passed to you, you will:

hold the Products on a fiduciary basis as our bailee; 

not remove, deface or obscure any identifying mark or packaging on or relating to the Products;

maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and

notify us immediately if you are deemed unable to pay your debts or as having no reasonable prospect of so doing.

11. PRICE AND PAYMENT

11.1 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

11.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

11.3 If you choose to pay for an item using a payment card with a currency denominated account which is not the currency quoted on the Website, the account will still be taken in the currency which is quoted on the Website and will be taken at the conversion rate applied by the relevant payment scheme at the time of processing your order.

11.4 These prices include VAT or any other taxes (if applicable) but exclude delivery costs, which will be added to the total amount due as set out in the Delivery section at paragraph 7 above.

11.5 You can pay by:

11.5.1 Credit and debit card. We accept Visa, MasterCard, JCB and American Express.

11.5.2 BACS, CHAPS or other wire transfer. If you would to pay by wire transfer please contact our customer services team at customer.service@solange.co.uk who will be happy to assist.

11.6 We do not accept payment by cash, cheque, postal order, direct debit or PayPal.

11.7 When an order is placed, we request pre-authorisation for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorisation request until the order is dispatched, at which point we actually take payment.

11.8 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).

11.9 Whilst we try to ensure all our prices displayed on our Website are accurate, errors may sometimes occur. If we discover an error in the price of a Product that you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced Product as cancelled.

11.10 We will have no liability to you in respect of any exchange rate fluctuations or charges imposed by your bank or credit card issuer.

12. OUR RETURNS POLICY

12.1 The following provisions of this paragraph 12 set out our returns policy (Returns Policy).

12.2 Subject to the terms of this paragraph 12, Products may, at our absolute discretion, be returned to us (for a refund or exchange) within 7 working days, beginning from the moment the Contract is concluded and ending 7 working days after the day on which you receive the Product(s). Our Returns Policy is offered to consumers who are not entitled to the cancellation rights referred to above in paragraph 5 above and does not affect the cancellation rights referred to in paragraph 7 of any UK or EU consumer.

12.3 In order to return a Product to us, you must first inform us in writing of your intention to return the Product by hand delivery, post or fax to the place given in paragraph 1 or by email to customer.service@solange.co.uk.

12.4 If the Product, in our absolute discretion, is eligible to be returned to us, we will arrange for our returns pack, which will include return packaging and instructions(Returns Pack), to be sent to you. PLEASE DO NOT RETURN PRODUCTS TO US OTHERWISE THAN IN ACCORDANCE WITH OUR RETURNS POLICY.

12.5 Any Product(s) returned to us must be sent back to us in our Returns Pack, and in accordance our Returns Policy, and any further instructions or directions notified by us to you at any time.

12.6 Any Products which are not returned to us properly packed in our Returns Pack and strictly in accordance with our Returns Policy will not be accepted by us, will not be eligible for a refund or exchange, and we will not be responsible for any loss or damage to the Products in transit or otherwise.

12.7 The cost of delivery of the return of any Product will be for your account and will, if a refund is due to you, be deducted from the amount due to be refunded to you, and if a Product is due to be exchanged, be payable by you before the exchanged Product is dispatched to you.

12.8 Products must be returned in the exact same condition that they were dispatched to you in, along with a receipt or parcel summary document, within the period specified above in paragraph 12.1. When you return a Product to us we will examine the returned Product and will notify you if you are entitlement to a refund or exchange via e-mail within a reasonable period of time. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

12.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 12 or these Terms.

12.10 We aim to make refunds using the same method as that used by you to pay for your purchase. 

13. OUR LIABILITY

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence[, but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 

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); and

defective products under the Consumer Protection Act 1987.

13.4 Subject to clause 13.3, if we fail to comply with these Terms, we shall only be liable to you for the purchase price of the Products.

14.EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An 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.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

we will contact you as soon as reasonably possible to notify you; and

our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. APPEARANCE OF PRODUCTS ON THE WEBSITE

15.1 Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire Product.

15.2 For Products containing diamonds or other precious stones or gems, we list the average weight. The actual weight may be slightly more or less than the weight stated on our Website.

15.3 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our Products on our Website. However, the actual colours and detailing you see onscreen will depend on the equipment you use to view the Products. We cannot guarantee that your television or computer monitor display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery.

16. CANCELLATION OF THE CONTRACT BY US

In the very unlikely event that we are unable to fulfil your order, we reserve the right to cancel the contract between us. If we do cancel our contract we will notify you and will credit to your account any sum deducted by us from your account as soon as reasonably practicable and in any event within 30 days of your order and we will have no further liability to you in this respect.

17. INTELLECTUAL PROPERTY

As between you and us, all intellectual property in the Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.

18. WRITTEN COMMUNICATIONS AND NOTICES

18.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.

18.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email.  Notices to us should be given in accordance with the details in paragraph 1 above. Notices to you may be given to the email address or the invoice address provided when you placed your order.

19.OTHER IMPORTANT TERMS

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. [We will always notify you [in writing or] by posting on this webpage if this happens.]

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. [However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the our warranty in clause 16to the recipient of the gift without needing to ask our consent].

19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms[, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise]. [However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.]

19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5 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 only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

20. OUR RIGHT TO VARY THESE TERMS OF SALE

20.1 We have the right to revise and amend these Terms of Sale from time to time for any reason including without limitation to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or those terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or those terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

21. ENTIRE AGREEMENT

21.1 These Terms of Sale and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

21.2 Nothing in this clause 21 limits or excludes liability for fraud.

The following provisions of this paragraph set out the returns policy for Augustine Jewels (Returns Policy).

Subject to the terms of this paragraph, Products may, at our absolute discretion, be returned to us (for a refund or exchange) within 7 working days, beginning from the moment the Contract is concluded and ending 7 working days after the day on which you receive the Product(s). Our Returns Policy is offered to consumers who are not entitled to the cancellation rights referred to above in paragraph 5 above and does not affect the cancellation rights referred to in paragraph 7 of any UK or EU consumer.

In order to return a Product to us, you must first inform us in writing of your intention to return the Product by hand delivery, post or fax to the place given in paragraph 1 or by email to customer.service@solange.co.uk .

If the Product, in our absolute discretion, is eligible to be returned to us, we will arrange for our returns pack, which will include return packaging and instructions(Returns Pack), to be sent to you. PLEASE DO NOT RETURN PRODUCTS TO US OTHERWISE THAN IN ACCORDANCE WITH OUR RETURNS POLICY.

Any Product(s) returned to us must be sent back to us in our Returns Pack, and in accordance our Returns Policy, and any further instructions or directions notified by us to you at any time.

Any Products which are not returned to us properly packed in our Returns Pack and strictly in accordance with our Returns Policy will not be accepted by us, will not be eligible for a refund or exchange, and we will not be responsible for any loss or damage to the Products in transit or otherwise.

The cost of delivery of the return of any Product will be for your account and will, if a refund is due to you, be deducted from the amount due to be refunded to you, and if a Product is due to be exchanged, be payable by you before the exchanged Product is dispatched to you.

Products must be returned in the exact same condition that they were dispatched to you in, along with a receipt or parcel summary document, within the period specified above in paragraph 12.1. When you return a Product to us we will examine the returned Product and will notify you if you are entitlement to a refund or exchange via e-mail within a reasonable period of time. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 12 or these Terms.

We aim to make refunds using the same method as that used by you to pay for your purchase.

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