This page (together with the documents referred to on it) tells you the terms and conditions on which Jewellery Bird Limited supplies any of the products (Products) listed on our website jewellerybird.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
In these General Conditions of Sale (the “Conditions”) “Seller”, “us” means Jewellery Bird Limited, which is a company incorporated in Scotland under the Companies Acts with company number SC377734 and having its registered office at 1/1 Nelson Street, Edinburgh EH3 6LF and its successors, assignees, subcontractors and agents; “Buyer”, “you” means any person, company or other legal entity, who orders or buys Goods and shall, if the context of these Conditions expressly permits, include his, her, its or their assignees, successors, executors and personal representatives; the “Goods” means the products supplied or to be supplied by the Seller to the Buyer in terms of each individual Contract, including all replacements thereof.
Each purchase order for Goods from the Buyer to the Seller and which is accepted by the Seller shall constitute an individual legally binding contract between the Seller and the Buyer, hereinafter referred to as the “Contract”.
These Conditions and the Contract are considered by the parties to set out the whole agreement between the Buyer and the Seller for the sale and purchase of the Goods. Please check that the details in the Terms or on the order are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as the Seller only accepts responsibility for statements and representations made in writing by authorised employees and agents. Please ensure that you read and understand these Conditions before you complete the purchase order, because you will be legally bound by the Conditions and the Contract.
The Contract shall be governed in all respects by these Conditions. The Seller shall not be bound by any terms or conditions set out in any other order form, documents or correspondence of the Buyer. These Conditions shall supersede and prevail over any other terms and conditions stipulated or referred to by the Buyer, and no addition, alteration or substitution of these Conditions will bind the Seller or form part of any Contract, unless expressly accepted in writing by an authorised officer of the Seller. No previous correspondence, writings (other than the writings incorporated herein by reference in Condition 10 below), telexes, telegrams, electronic or verbal communications between the Buyer and the Seller nor any promotional or sales literature regarding the Goods (other than those expressly accepted in writing as being part of the Contract by an authorised officer of the Seller) shall form any part of or be incorporated into the Contract.
Any samples, drawings, descriptions or advertising the Seller issues, and any descriptions or illustrations contained in any catalogues or brochures, are issued or published solely to provide the Buyer with an approximate idea of the Goods they describe. They do not form part of the Contract or any other contract between the parties for the sale and purchase of the Goods.
The purchase order is an offer by the Buyer to enter into a binding contract, which the Seller is free to accept or decline at its absolute discretion. These Conditions shall become binding on the parties when the Seller provides the Buyer with written confirmation that the order is accepted or (if earlier) the Goods are delivered).
You may, within seven calendar days of placing an order, amend or cancel an order by providing us with written notice. If you amend or cancel an order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Conditions you shall have no liability to us for it. Where you have already received the Goods, please refer to Condition 3.9.
The Seller warrants that the Seller has good title to the Goods and, subject always to Condition 7 below, will transfer such title as it may have in the Goods to the Buyer.
To the extent that any quotation given by the Seller is based on the Buyer’s specifications as given to the Seller, the Seller shall not be held liable or responsible for the lack of sufficiency, fitness for purpose or satisfactory quality in respect of the Goods insofar as attributable to the Buyer’s specifications. The Buyer shall indemnify, defend, and hold harmless the Seller, its affiliates, its distributors, and the directors, officers, employees and agents of each such entity (together, the “Indemnified Persons”) from and against all claims, liabilities, losses, expenses (including without limitation reasonable legal fees and expenses) or damages incurred by the Indemnified Persons which result directly or indirectly from the manufacture or sale of the Goods by the Seller in a manner that infringes or is claimed to infringe the Intellectual Property rights of any third party to the extent resulting from any specification or instruction provided by the Buyer.
The prices of the Goods are as intimated by the Seller to the Buyer on the Seller’s website from time to time but may be varied by the Seller to take account of any increase in any costs or charges of production, storage or transport or of any levy or taxes or any currency fluctuation which may occur at any time before shipment; provided, however, that where the Seller agrees to supply the Goods at a fixed price within a specified period, the Goods will be charged at such price if ordered and accepted for delivery within such period.
Orders and any subsequent instructions relating to an order will be accepted in writing via the secure online ordering facility on the Seller’s website. No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement and confirmation of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer.
The Goods are offered subject to availability.
Subject to Condition 4.1 below or unless otherwise agreed in writing, all prices quoted exclude delivery charges If applicable, charges for freight and shipping shall be added to the price quoted. The quoted price plus all applicable delivery charges shall be the “Price” for the purposes of other conditions hereof.
If you order Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Seller has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
3.6 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 liable for any breach by you of any such laws.
Should you wish to return Goods for exchange or refund, you must first contact Customer Services by emailing firstname.lastname@example.org or telephoning 0131 208 2535 within seven (7) working days of delivery of the Goods. Customer Services will confirm whether you may return Goods and give instructions on sending Goods back. Goods must be returned unworn, undamaged and in their original packaging. Returns MUST be dispatched within two (2) working days of return confirmation. Returns MUST be sent via Royal Mail Special Delivery. The Seller accepts no liability for returned Goods lost in transit. The issue of a refund or credit note will be at the sole discretion of the Seller. In the event that a refund is authorised, the refund will be made within 28 days by the same method used for their purchase. All exchanges are subject to availability and will incur additional postage charges. Subject to Conditions 3.8 and 3.9, the shipping costs for all returns shall be borne by the Buyer and the original shipping costs shall not be refunded. International customs duties and sales taxes shall not be refunded for shipments outside the European Community.
In the unlikely event that the Goods do not conform with these Conditions, please let us know as soon as possible after delivery. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will: (i) provide you with a full or partial refund; or (ii) replace the Goods; or (iii) repair the Goods.
3.9 Where the Buyer is a consumer, the Buyer has the right to cancel the Contract between the parties within the statutory seven-day cooling-off period. Should you wish to cancel the contract and obtain a refund, you must first contact Customer Services by emailing returns@ jewellerybird.co.uk or telephoning 0131 208 2535 within seven (7) working days of ordering the Goods. The Goods must then be returned to us within three (3) working days of our confirmation that you have cancelled the contract. We will process the refund due to you as soon as possible and, in any case, within 28 days of the day you have given notice of your cancellation by the same method used for their purchase. In this case, we will refund the price of the Goods in full. You will be responsible for the cost of returning the item to us. Please note that you do not have the right to cancel the contract where the Goods have been worn or are not returned to us at your own cost and risk in the same condition in which you received them. If you fail to comply with this obligation, we may have a right of action against you for compensation. This provision does not affect your statutory rights.
The delivery charges for Goods will be as stated on the Jewellery Bird website and will be subject to change from time to time.
Special deliveries (such as next day and next day a.m. timed deliveries) can be provided by the Seller where agreed at or before the time of ordering the Goods. The cost of all special deliveries shall be paid in full by the Buyer. A schedule of special delivery costs will be posted on the Jewellery Bird website, and will be subject to amendments from time to time. They can also be requested by e-mail: email@example.com, or by phoning: 0131 208 2535. Orders will be fulfilled subject to availability of Goods.
Delivery shall be to the Buyer’s address as notified to the Seller at the time of ordering. Without prejudice to the passing of property in and title to the Goods, delivery of the Goods shall take place when the Goods are delivered by the Seller (or the Seller’s carrier) into the possession of the Buyer at which point risk in the Goods shall pass to the Buyer.
The Goods must be examined and signed for by the Buyer at the time of passing to the Buyer’s possession or control. By signing for the Goods, the Buyer shall intimate to the Seller that the Goods are undamaged and there are no shortages. No claims by the Buyer in respect of damage to, shortage or loss of some or all of the Goods in transit prior to delivery shall be made by the Buyer or accepted by the Seller once the Goods have been signed for. The Buyer accepts that this allows a reasonable period to allow such inspection. The Buyer shall be responsible for the inspection of the Goods as soon as reasonably practicable after delivery and in any event, not more than two (2) working days after delivery to ensure that the quality, condition and specification of the Goods conform to the order. Where the Buyer wishes to reject Goods, it shall be the sole responsibility of the Buyer to return those Goods to the Seller in accordance with Conditions 3.7, 3.8 or 3.9, but subject always to Condition 8.6. In the case of non-delivery of all or part of the Goods, it shall be the responsibility of the Buyer to intimate to the Seller in writing no later than three (3) working days after the due date for delivery that the Goods (or part of the Goods) have not been delivered.
Any time or date for delivery given by the Seller to the Buyer is the Seller’s estimate of the date on which the Goods will be delivered to the Buyer, and the Seller will make every reasonable endeavour to meet such delivery date, but time shall not in any event be of the essence with regard to delivery. If no dates are so specified, delivery will be within a reasonable time. The Seller shall not be liable (in contract, delict, tort or otherwise howsoever) in respect of any liability, loss, expense, claim or damage incurred by the Buyer arising from any reasonable delay in delivery of the Goods or any part thereof or any delay due to circumstances beyond the Seller’s control (as described in Condition 11.2) and in no event shall the Seller be so liable for any special, indirect, consequential damage or economic loss including, without prejudice to the foregoing generality, loss of profit, arising from any delay in delivery, howsoever caused.
Where a Special Delivery has been arranged and is postponed by the Buyer at the time of despatch or at the point of delivery (due to lack of access or for any other reason except those set out in Condition 4.4 above), the Buyer will be liable for all costs incurred by the Seller for the postponement and the re-delivery.
The Seller shall be entitled to deliver the Goods by instalments and in such case each instalment shall constitute a separate Contract and any failure in delivery of any one or more instalments shall not entitle the Buyer to repudiate the Contract for the supply of a series of instalments as a whole or to cancel any subsequent instalment. In times of shortage of availability of the Goods, the Seller shall be entitled to allocate supplies as it sees fit without being in breach of the Contract or incurring liability hereunder to the Buyer. For the avoidance of doubt, only one delivery charge shall be made where the Seller elects to deliver the Goods by instalment.
The Buyer shall not be entitled to reject the Goods or part thereof by reason only of late delivery.
Payment shall be made by the Buyer at the time of ordering.
Payment shall be in Pounds (£) Sterling. Debit Card and Credit Card payments will be accepted online at the Seller’s website.
Property and title in the Goods shall pass to the Buyer when the Price for the Goods has been received in full by the Seller.
Subject to Conditions 4.2 and 8.2 to 8.3 (inclusive) hereof, the Seller warrants that, at the time they are delivered to the Buyer in accordance with Condition 4, the Goods (without reliance upon instructions, specifications, or other directions provided by Buyer) are of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended), reasonably fit for their purpose (as specified in the Seller’s published specifications from time to time), free from material defects in design, material and workmanship, conform in all material respects with the Seller’s published specifications and comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom. This warranty shall remain valid until 12 months after the date of delivery of the Goods to the Buyer. This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
The warranty contained in Condition 8.1 is personal only to the Buyer and may not be transferred. The warranty is contingent upon proper use of the Goods and shall not apply to Goods (i) on which the original identification marks have been removed or altered or (ii) which are subject to normal wear and tear. The Seller will have the right to inspect any Goods which are the subject of a claim by the Buyer.
Except as expressly referred to in these Conditions, the Seller hereby excludes all other warranties (whether express or implied) in relation to the Goods provided to the Buyer by the Seller to the extent permitted by law.
The warranty provided in Condition 8.1 shall not apply to defects or failure due to:-
(i) improper storage or treatment of the Goods or any part of the Goods (unless by the Seller); or
(ii) accident, neglect or misuse of the Goods (unless by the Seller), including without limitation improper use of the Goods, use for purposes which are not expressly indicated by the Seller in writing as suitable for such Goods and use in breach of Condition 10 hereof; or
(iii) the use of items not provided by the Seller; or
(iv) unusual stress; or
(v) any party modifying or adjusting or attempting to repair the Goods; or
(vi) the Buyer making any further use of such Goods after giving a notice of breach of warranty; or
(vii) where the defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, use or maintenance of the Goods or (if there are none) good practice.
Without prejudice to Condition 4.4, the Buyer shall without delay notify the Seller in writing of any defect or non-conformity of the Goods with the warranty granted under Condition 8.1. Should the Seller be unable to correct a defect covered by Condition 8.1 after the expenditure of reasonable effort and time, (“reasonable” to be defined by the nature of the defect when encountered) the Buyer shall be entitled to return the Goods and receive either (i) a refund of the net Price actually paid for such Goods or (ii) a replacement of the defective Goods, and such refund or replacement shall constitute the Seller’s maximum liability for breach of warranty. Any costs incurred by the Buyer pursuant to this Condition 8.6 with the Seller’s prior written approval as to the nature and extent of the costs will be refunded by the Seller.
Notwithstanding the foregoing Condition, the Seller shall not be liable for any claims, losses, liabilities, expenses or damages arising from:-
(i) misuse of the Goods, including without limitation improper use of the Goods, use for purposes which are not expressly indicated by the Seller in writing as suitable for such Goods;
(ii) negligence on the part of any person other than the Seller;
(iii) improper storage or treatment of the Goods or any part of the Goods by the Buyer or any subsequent user; or
(iv) loss or theft of the whole or any part of the Goods.
The Seller shall not be liable for any special, indirect, incidental, consequential or exemplary loss or damage, whether notice of the likelihood of such damage is given to the Seller and whether arising, without limitation, through breach of contract, negligence, strict liability in delict, tort, warranty, or statutory duty, howsoever arising, which the Buyer may sustain in connection with the Goods supplied or to be supplied under the Contract.
The Buyer agrees that the Buyer has satisfied itself as to the suitability of the Goods for the purpose or purposes for which the Buyer requires them.
Nothing in these Conditions shall limit or exclude the Seller’s liability for (i) personal injury or death resulting from any negligence of the Seller or its employees, or (ii) fraud or fraudulent misrepresentation; or (iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (iv) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (v) which may be established as resulting from a proven defect in the Goods, or (vi) any other liability which by law the Seller cannot limit or exclude.
The Seller warrants to the Buyer that the Seller owns or has all the necessary rights to any patents, trademarks, copyright and other registered or unregistered intellectual property rights (the “Intellectual Property”) contained in or used in connection with the Goods (without reliance upon instructions, specifications, or other directions provided by Buyer) which may be required for the manufacture and sale of the Goods. The Seller does not warrant that the manufacture and sale by the Seller of Goods manufactured in reliance upon instructions, specifications, or other directions provided by the Buyer or the Buyer’s use or resale of Goods delivered hereunder will not infringe the claims of any Intellectual Property of any third party.
Should any claim be made against the Buyer for infringement of Intellectual Property rights arising from the manufacture or sale of Goods by the Seller in circumstances in which the manufacture of such Goods was not based upon instructions, specifications, or other directions provided by the Buyer, the Seller shall conduct any ensuing litigation and all negotiation for settlement of such claims and will bear the costs of any payment made in settlement or resulting from an award; provided that the Buyer shall give the Seller the earliest possible notice in writing of any such claim being made or action threatened or brought against it, shall make no admission of liability or take any other action in connection with such matter and shall permit the Seller to have conduct of claim and shall (at the Seller’s expense) give all reasonable information, co-operation and assistance to the Seller (including without limitation lending its name to proceedings) in relation to the conduct of the claim.
The provisions of Condition 9.2 shall not apply to any infringement caused by the Seller’s having followed specifications or instructions furnished by the Buyer or his agent or representative.
The foregoing provisions shall be the Seller’s entire liability to the Buyer and the Buyer’s sole and exclusive remedies against the Seller in connection with claims based on or resulting from the infringement of Intellectual Property rights of any kind whatsoever of third parties.
The Buyer agrees that the Buyer shall not be permitted to distribute or resell the Goods to third parties on a commercial basis without the prior written consent of the Seller.
The Seller has the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the Seller’s website capabilities. The Buyer will be subject to the policies and terms in force at the time the Contract and Conditions become binding, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to all orders placed by the Buyer but not fulfilled by the Seller).
The Seller shall not be responsible or liable in any manner whatsoever for any loss or damage whether direct, indirect or consequential, arising from any delay or default in the performance of any of the Seller’s obligations in terms of these Conditions where such delay or default arises as a result of any circumstances or conditions beyond the control of the Seller including (but without prejudice to the generality of the foregoing) war or threat of war, insurgency, industrial dispute, strike, lockout, civil commotion, riot, malicious damage, terrorism or threat of terrorism, piracy, fire, explosion, storm, flood, earthquake, volcanic activity, act of God, predicted or unpredicted geometeorological event, accident, theft, non-availability or shortage of material or labour, failure by any sub-contractor or supplier to perform, failure of production equipment, any statute, rule, bylaw, order, regulation or requisition made or issued by any government department, local or other duly constituted authority, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
No relaxation, delay or waiver by the Seller of its rights in respect of any breach of obligation of the Buyer pursuant to these Conditions shall constitute a waiver of any other rights in respect of any prior or subsequent breach or obligation.
The invalidity in whole or in part of any of these Conditions shall not affect the validity of any other provision.
Each of these Conditions shall be separate and severable and shall be enforceable accordingly.
Each party warrants that it has full legal capacity, power and authority and all necessary governmental, administrative and regulatory authorisations, licences, permits and consents to carry out the actions contemplated under these Conditions and any Contract and, where any party is a natural person, they are over 18 years old.
Nothing in these Conditions and no action taken by the parties pursuant to these Conditions shall constitute or be deemed to constitute a partnership or joint venture between the parties, or shall constitute either party as the agent, employee or representative of the other party. The parties to this Agreement are independent parties.
No term of these Conditions shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).
You may not transfer any of your rights or obligations under these Conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
Any notice required to be given, shall be deemed to have been served (i) six (6) business days after time of posting if sent by airmail (ii) forty-eight (48) hours after time of posting if sent by first class or prepaid UK post or (iii) at the time of delivery, if delivered by hand or sent by fax or e-mail. The address for the service of notices under this Condition 11.9 shall be (i) in the case of the Seller, place of business set out in Condition 1.1; and (ii) in the case of the Buyer, such address as notified to the Seller at the time of ordering the Goods.
These Conditions and any other provisions which constitute a Contract between the parties in relation to the supply of the Goods shall be governed by and construed in all respects in accordance with the Law of Scotland. The parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts for the determination of any question or dispute between them.
Welcome to the www.jewellerybird.co.uk website (“this site”). This is the website of Jewellery Bird Limited, a company incorporated under the Companies Acts in Scotland with company number SC377734 and having its registered office at 1/1 Nelson Street, Edinburgh EH3 6LF (“Jewellery Bird” “we” or “us”). The use of this site is subject to the following conditions. Please read the undernoted conditions carefully before you use this site. By using any part of this site you will be held to have accepted that you will be bound by these conditions. We may change these conditions at any time by posting new or amended conditions on this site. Your continued use of this site after any changes are posted means that you are held to have accepted that you are bound by the new or amended conditions.
This site content is provided for information only without any warranty, express or implied, that the content is accurate, current or complete, fit for a particular purpose or free from any computer viruses or defects. We will not be liable for any damages of any kind resulting from the use of or inability to use this site or its content. This site may contain links to other websites. Jewellery Bird does not approve or endorse and accepts no liability for the content of any third party websites which may be accessed via, or linked to, this site. The existence of a link to another website is not an authorisation by us to you to access content or material from that other website.
All rights, including copyright and database rights, in this site belong to or are licensed to Jewellery Bird. United Kingdom and international copyright and database right laws and treaties protect this site and all content on this site. © Copyright 2010-2011 Jewellery Bird Limited. All rights reserved.
Jewellery Bird and other marks are trade marks or registered trade marks of Jewellery Bird in the United Kingdom, European Union or elsewhere. Other product and company names and logos mentioned on this site may be the trade marks or registered trade marks of their respective owners. You may not copy any part of this site, or carry out any other act which is protected by copyright or extract or re-utilise the whole or any substantive part (evaluated quantitatively and/or qualitatively) of the content of this site other than:-
-Printing in hard copy form portions of the content of this site for personal use;
-Downloading any page from this site for personal use only;
-Storing pages from this site in a cache or other temporary retrieval system for the sole purpose of personal viewing off-line.
These consents do not permit you to modify any of this site’s content or to use it in any commercial material without our prior written consent.
You may, subject to the following conditions, provide a link to the Home/Welcome page of this site: -
-The right to link to this site is revocable by us and we reserve the right to prohibit any link and to employ measures, including technical measures, to remove any link;
-Any link to this site must not be misleading or give the impression that we are associated with you or have approved or endorsed any internet site or equivalent entity from which such link is made;
-Any such link must indicate Jewellery Bird or www.jewellerybird.co.uk as the destination of the link and must not use any Jewellery Bird logo or other proprietary graphic or trade mark without our prior written consent; and
-You may not use framing or deep linking to this site without our prior written consent.
Jewellery Bird expressly prohibits the use of this site by you for any purpose which may be unlawful in the United Kingdom and in your jurisdiction if located outwith the United Kingdom.
Failure by us to take action in respect of a breach by you of these conditions shall not prevent us from taking future action in respect of the same breach or any other breach by you of these conditions, unless we agree to the contrary in writing.
If any of these conditions is held to be unenforceable it will not affect the validity and enforceability of the remaining conditions.
The service provided through this website is provided by Jewellery Bird Limited.
Jewellery Bird Limited’s registered office is at 1/1 Nelson Street, Edinburgh, EH3 6LF, Scotland, United Kingdom
Jewellery Bird Limited’s registered company number is SC377734
These website conditions of use are governed by the Law of Scotland and the Scottish Courts shall have non-exclusive jurisdiction in any disputes between you and us.