ONLINE TERMS OF SALE
1 These Terms
1.2 We advise you to print a copy of your Order and these Terms of Sale for your information and safe keeping.
1.3 By placing an order for any Product(s) on this Site ("Order") you agree to be bound by these Terms of Sale, and by continuing to access the Site you agree to accept the practices described in these Terms of Sale, which may be updated or changed by us from time to time. A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms of Sale.
1.4 By placing an Order you are offering to purchase a Product on and in accordance with these Terms of Sale. All Orders are dependent on availability and confirmation of the Order price.
2 About Monica Vinader
2.1 We are Monica Vinader Ltd, a company registered in England and Wales at Companies House. Our registered office is Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH, United Kingdom and our registered number is 04428116.
2.2 You can contact us at that address, or via email at email@example.com or by telephone on +44 (0)208 787 5777 between the hours of 9am - 5.30pm GMT, Monday - Friday.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails
3 The Contract
3.1 Orders are submitted via the Site as set out in this clause.
3.2 Once you are ready to make a purchase, click on "Add to Shopping Bag" to add the Product(s) you wish to purchase to your Shopping Bag. Then proceed by clicking "Proceed to Purchase" to log into our secure servers to complete your Order.
3.3 If this is your first purchase on our Site you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address if you so wish. If you have already registered with us you may enter your sign in details to access your account.
3.4 Once signed in or registered, as the case may be, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your delivery address and input your payment details.
3.5 Once you have finished compiling your Order, you will be asked to confirm that your Order is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us.
3.6 We will then send you a confirmation email (including your order reference number) to acknowledge that we have received your Order ("Confirmation"). This is sent to the email address you register with us. After sending you the Confirmation we will process the payment details you have given to us to take payment for your Order.
3.7 If and when we are able to do so, we will send you a second email confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery.
3.8 Our acceptance of your Order will be complete only when we send a second email to you confirming your Order and dispatch of the Product(s) and after payment is taken from your credit or debit card. Our acceptance of your Order will be considered for all purposes to have been effectively communicated to you at the time Monica Vinader sends an order despatched email and it is at this point that a legally binding contract is formed between you and Monica Vinader for the purchase of Products ("Contract").
3.9 If we are unable to fulfil your Order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your Order to you.
3.10 Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.
4 Making a Change to the Contract
4.1 If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible.
4.2 Unfortunately, if we have already sent you the second email referred to in cl 3.8 we are unable to change your Order, although you will still have the rights to cancel described below.
5 Engraving and Gift Messages
5.1 We are unable to process any engraving request or gift card messages containing profanities or inappropriate language. Where possible, we will contact you to seek an alternative engraving or gift message and we will do this before we send you the second confirmatory email in respect of your Order.
5.2 As outlined at 11.3 below, you do not have any right to (a) cancel your Contract for supply of any Product/s, (b) refund and Product/s and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).
6.1 When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order.
6.2 Where you are ordering for delivery to the UK, all prices are inclusive of VAT in the UK. Delivery charges (where applicable) for delivery to the UK will be shown when you view the Product(s) in your Shopping Bag.
6.3 Where you are ordering for delivery to the European Union, you act as the importer of the Product(s) into the European Union (commonly known as the “Importer of Record”). The price we display includes import duty and taxes which we shall pay to the relevant authorities on your behalf. You hereby authorise us to make such payments on your behalf. The import duty, import taxes and delivery charges (where applicable) for delivery to the E.U. are included in the total amount due when you view the Product(s) in your Shopping Bag.
6.4 Where you are ordering for delivery to the United States, we will add any applicable state taxes and any delivery charges and display these in the total amount due on the checkout page.
6.5 Where you are ordering for delivery to anywhere other than the U.K., the European Union or the United States, all prices are inclusive of any applicable import duties or taxes. Delivery charges (where applicable) will be shown when you view the Product(s) in your Shopping Bag.
6.6 The total amount payable by you will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.
6.7 Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.
6.8 It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
7 Promotion and Offer Codes
7.1 To redeem a promotion or offer code ("Code"), insert the Code in the "Voucher / Offer Code" box on the Shopping Bag page of the Site and click "Update". If valid, the Code will be applied.
7.2 In addition to any Code specific terms and conditions, the following conditions apply to all Codes:
7.2.1 Only one code can be used per Order
7.2.2 Codes can only be applied to full price items (Codes cannot be applied to sale items)
7.2.3 Codes are non-transferrable and no cash alternative is available
7.2.4 Orders must be made prior to 23:59 GMT on the closing or expiry date of the Code (if one is specified)
7.2.5 All offers and promotions are dependent on stock availability
7.2.6 Offer codes and promotions may be amended or removed at any time
7.2.7 These Terms of Sale apply to purchases made using a Code
8.1 All payments must be made at the time of Confirmation. Payment for all Orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, American Express, Maestro and Paypal. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.
8.2 For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
8.3 To ensure safe and secure shopping, we are Verisign certified. We also use standard internet encryption technology to provide you with the maximum practicable level of security.
8.4 We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorisation by your bank or payment provider.
9.1 We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.
9.2 If we have not delivered the Product(s) to you within 30 (thirty) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.
9.3 Ownership of the Product(s) will pass to you on delivery.
10 Damaged or Defective Product(s)
10.1 Except for any specific warranties we offer in relation to any particular Product(s) (including our Five Year Warranty), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s).
10.2 You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our Customer Care Team as soon as possible with your Order reference number to hand.
10.3 If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).
11 Exchanges and Returns
11.1 Without limiting your statutory rights, you may cancel a Contract at any time before your Order is delivered and up to 100 days afterward, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) receives the Product(s). By cancelling the Contract, you may return any Product(s) purchased from us within 100 days and request a refund or an exchange.
11.2 To cancel a Contract, you must clearly inform us, preferably:
11.2.1 in writing (to Returns Department, Monica Vinader Ltd, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH, United Kingdom),
11.2.2 by email (to firstname.lastname@example.org ) or
11.2.3 by telephone (on +44 (0)208 787 5777) giving us your name, address and Order reference number.
11.3 You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).
11.4 You must return the Product(s) to us at your own cost within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (without limiting your rights to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.
11.5 To return (or exchange) the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address (enclosing the exchange / returns form and the delivery note) inside the parcel) and then return it to us, by hand, courier or by recorded delivery mail or other form of certified mail to the following address: "Returns Department, Monica Vinader Ltd, Holkham Studios, Longlands, Holkham Park, Wells-Next-The-Sea, Norfolk, NR23 1SH, United Kingdom". Products can be exchanged (but not returned) at our UK boutiques.
11.6 If you cancel a Contract between us within the day period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you), including the cost of standard delivery. If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.
11.7 We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
11.8 Details of your consumer rights to cancel described above, and an explanation of how to exercise them, are provided in the delivery note which accompanies the Product(s).
11.9 For exchanges, if the value of the new Product(s) exceeds the original value of the Product(s), you will be required to pay the difference. Should the value of the new Product(s) be lower than the original value, the difference will be credited to the credit or debit card originally used for the Order.
12 Monica Vinader Five Year Warranty
12.1 Without limiting your statutory rights, all Product is covered by a five year warranty from the date of purchase (under normal conditions of wear and tear). During that five years, Monica Vinader will repair any issue with a Product free of charge on receipt of valid proof of purchase.
13 Exchanges and Returns Without Proof of Purchase
13.1 Without limiting your statutory rights, on presentation of Product(s) without Proof of Purchase, we are happy to offer you a repair for a fee outlined on our Repair Fees table as this changes from time to time.
14 Exchanges and Returns Five Years or More After Purchase Date
14.1 Without limiting your statutory rights, for Product(s) purchased more than five years ago, we are happy to offer you a repair for the fee outlined on our Repair Fees table as this changes from time to time.
15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 Nothing in these Terms of Sale will limit our liability for:
15.2.1 fraud; or
15.2.2 death or personal injury caused as a result of our negligence; or
15.2.3 or breach of your legal rights in relation to the Product(s) including the right to receive Product(s) which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
15.3 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.1 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms of Sale you give your consent to receive communications from us by email.
18 Intellectual Property
18.1 The entire content of the Site, including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name 'Monica Vinader', is the sole property of Monica Vinader and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.
19.1 No failure or delay by us in exercising any right or remedy provided by law or under these Terms of Sale and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.
19.2 If any clause of these Terms of Sale is found to be invalid, illegal or unenforceable by any court or authority, that clause or part-clause will be deleted from these Terms of Sale and the validity and enforceability of the rest of these Terms of Sale shall remain unaffected.
19.3 A person who is not a party to a Contract is not entitled to enforce any of its terms (including these Terms of Sale) under the Contracts (Rights of Third Parties) Act 1999.
19.4 We will try and solve any disagreements quickly, fairly and efficiently. However, if you are not happy with the way that we deal with any disagreement and you want to begin court proceedings, you must do this within the United Kingdom.