|
These Terms and Conditions of Sale ("Terms of Sale") apply whenever you order any product ("Product") through www.camealdiamonds.com (t( ("Website") or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms and conditions ("Terms and Conditions") and our privacy policy (“Privacy Policy”).
By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale, the Privacy Policy and the
Website Terms (each as amended from time to time). 1 About us Cameal (referred to in these Terms and Conditions of Sale as “we”, or “us”) is a company registered in England and Wales. Our registered office address is at:
Office 3/4 3rd Floor Coventry Point Business Centre Market Way Coventry CV1 1EA 2 Children By ordering any Products from us, you confirm that you are over 18 years old. If you are not aged 18 years or over you are not permitted to
order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order. 3 Product descriptions 3.1 All Product descriptions and illustrations shown on the Website are provided with as much detail and accuracy as possible however please note that actual Products may vary on the basis that any descriptions and illustrations are given for guideline purposes only. 3.2 All prices shown on the Website are in pounds sterling and inclusive of Value Added Tax (“VAT”) at the relevant rate. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place. 3.3 We reserve the right to alter any advertised Product prices at any time, with any change in price being communicated to you prior to
delivery. 4 Placing an order for a Product 4.1 On identifying a Product you wish to purchase on the Website, please click on the button labelled "Add to Cart". This will add your Product to a virtual "shopping cart". You can then proceed to pay for the Products in your virtual shopping basket by clicking on the button labelled "Checkout Now". Alternatively, you can continue browsing the Website and add additional Products to your virtual shopping basket. 4.2 If you wish to remove a Product from your virtual shopping basket, simply click on the button labelled “Remove” next to the relevant
Product. You can pay for the Products in your virtual shopping basket at any time by clicking the button labelled “Proceed to Checkout”. 4.3 When you click the “Proceed to Checkout” button, you will be asked to provide specific information required to process your order and
deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy. 4.4 When you place an order to purchase a Product from us, your order represents an offer to us to purchase that Product (“Offer”) it is our sole discretion as to whether we accept or reject your Offer. Under no circumstances does an Offer represent a legally binding contract.
Upon acceptance of your offer we will endeavour to fulfil your order, subject to our inability to do so for reasons including without limitation because the Product you have selected is out of stock, where your card issuer refuses to authorise your payment or where Products have
been incorrectly priced on our Website. Your offer is accepted by us and becomes binding only when we expressly confirm your order in
writing. 5 Payment 5.1 All Products will remain the property of Cameal until we have received payment in full from you for such Products at the invoiced price. 5.2 During the checkout process, you will be asked to complete your payment details. All highlighted fields must be completed in full.
Please note that we will collect, store and use your information in accordance with our Privacy Policy. 5.3 All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify
you in writing (which may include e-mail). 5.4 If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. You will be entitled to a full refund if you have paid for the Products and your order has been cancelled. 6 Delivery 6.1 Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will be retained by the delivery company for a reasonable period of time and then returned to us. If Products are returned to us by the delivery
company, we will issue you with a refund for the Products but reserve the right to deduct any costs incurred by us in arranging for the delivery and return of the Product. 6.2 All risk in the Products ordered by you (including risk of loss and/or damage to the Products) shall automatically pass to you when they are delivered to the delivery address specified in your order. 6.3 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 circumstances beyond our control including without limitation any inadvertent act or an act of god. 7 Liability 7.1 We will use reasonable skill and care in fulfilling any order placed by you and accepted by us. However, we exclude, subject to Clause 7.5, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law, in relation to the subject matter of these Terms of Sale and the Products. 7.2 Save as expressly set out in these Terms of Sale, we will not be liable for any special, indirect, incidental, consequential or economic loss
or for loss of profits or revenues howsoever caused arising in connection with any order placed by you. 7.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage
shall, subject to Clause 7.5, be limited to the sums paid for the Products. 7.4 We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts
of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery. 7.5 Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud. 7.6 This clause does not affect your statutory rights as a consumer. 8 Returns and Refunds 8.1 We operate a "no refund" cancellation policy unless you cancel your order in writing: (a) before the Products is made; or (b) within 3 working days of ordering the Products. 8.2 If you have received the Products, you must take reasonable care of the Products and not use them. Products should be returned to us at the address set out above in these Terms of Sale. If you return any Products, we will not be responsible for any loss or damage to them in
transit and, for this reason, we recommend that you use a recorded delivery service. If Products are lost or damaged in transit, we reserve the right to charge you for such loss or damage. 8.3 You must pay any postage costs incurred when returning the Products to us unless: (a) the Products were already damaged on receipt by you; or (b) the Products were incorrectly supplied to you. 8.4 You should check all Products you receive against your order. If you receive Products that are damaged or incorrectly supplied then you must note the details of any damage or error in supply on the delivery documentation and it will be your responsibility to tell us of the damage
or incorrect supply within 5 working days of delivery. You must return the Products to us as soon as possible after notifying us in writing that
the Products are damaged or have been incorrectly supplied. Please note that we will not accept the return of any damaged or incorrectly supplied Products where you fail to notify us of this in writing within 5 working days of receiving the Product. 8.5 Subject to clause 8.4, if the Products are damaged or have been incorrectly supplied then we will, provide a replacement. 8.6 If you cancel your order in any of the circumstances set out above, we will not refund any money paid by you in full after any Products,
which have been delivered to you, are returned to us. Any refunds given by us will be made to the debit/credit card account provided when
you placed your order. 9 Miscellaneous 9.1 We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements
without notice to you.
9.2 These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise. 9.3 You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in
writing. 9.4 We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion. 9.5 No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. 9.6 If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these
Terms of Sale shall remain in full force and effect. 9.7 Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. 9.8 These Terms of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.
|