TERMS AND CONDITIONS OF USE - www.thefinejewellerycompany.com
The document referred to below constitutes a legally binding agreement between you and Jewellery Quarter Bullion Limited which operates the internet website with the domain name www.thefinejewellerycompany.com (the “Site”).
It documents your rights and responsibilities and ours with regards to (a) your access to the Site; (b) your use of the Site; (c) any communications sent from The Fine Jewellery Company; (d) all information, products, services, and materials contained on or our site. They also represent the terms and conditions ("Terms") for using and placing orders on the Website. Using our Website indicates that you accept the Terms.
By entering the site you unconditionally accept the terms and conditions in this Agreement (set out below) and any future alterations we may make subsequently. Please read the Terms and Conditions carefully before ordering any product from our site. If you order any of our products, you are agreeing to be bound by the Terms and Conditions detailed below. Please check periodically for changes.
NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
DEFINITIONS
“we” and “us” refers to Jewellery Quarter Bullion Limited.
“website” or “site” refers to the website at www.thefinejewellerycompany.com.
“you” refers to the person using the website, whether as an unregistered guest or as a registered user.
1. INFORMATION ABOUT US
www.thefinejewellerycompany.com is operated by Jewellery Quarter Bullion Limited. We are registered in England and Wales under company number 06758398 and with our registered office and at Floor 16, Centre City Tower, 7 Hill Street, Birmingham, B5 4UA. Our VAT number is GB 941 5123 47. Our main trading address is 9-10 The Big Peg, Vyse Street, Birmingham, B18 6NA.
2. YOUR STATUS
2a. By placing an order through our site, www.thefinejewellerycompany.com, you warrant that
2b. You must ensure that the details which you provide during registration or at any time after registration are correct and complete.
2c. You must inform us immediately of any changes to the information that you provided when registering by contacting us.
3. GENERAL
3a. Anyone who enters our site is deemed a user ("User"). You are free to enter the site whenever you wish whilst adhering to all the relevant terms and conditions.
3b. These Terms and Conditions of Use are governed by the law of England. You and we agree to use the English courts for any kind of dispute between us. If any part of these Terms and Conditions of Use are found to be invalid by law, the rest will remain valid and fully enforceable.
3c. Any information, content or opinions given on our website are purely subjective and we cannot guarantee its fitness for purpose or accuracy.
3d. The contents of the site do not represent any form of advice by us and is not intended to be used as such. We reserve the right to change the content at any time and will not be held liable for any failure of software during a purchase or at any time whilst using our site.
3e. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
3f. Jewellery Quarter Bullion Limited or any affiliated companies shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
3g. The Fine Jewellery Company is a subdivision of Jewellery Quarter Bullion Ltd. Our registered address is:
Floor 16, Centre City Tower, 7 Hill Street, Birmingham, B5 4UA
Phone: +44 (0)121 634 80608070
Email: [email protected]
VAT Registration No. GB 941 5123 47 (registered in the name of Jewellery Quarter Bullion).
4. WEBSITE CONTENT
4a. All copyright, trademarks, trade names and other intellectual property contained in all materials and content on the website are owned or licensed by us, unless otherwise stated, or are the property of third parties who have agreed to the use of said content on our website.
You may print or download any page(s) for your personal and non-commercial use only. If you have any doubts regarding website content or are looking for permission to reproduce any part of the website for any reason please get in touch at [email protected].
Except where specifically stated, you may not do any of the following without obtaining prior written consent:
5. OUR 100 DAY RETURN GUARANTEE
5a. www.thefinejewellerycompany.com operates a 100-day return guarantee with all products except for earrings if worn and items purchased using finance. In the unlikely event that you are unhappy with your purchases, you can return items to us within 100 days and we will be happy to offer you either an exchange or full refund providing the goods are returned in perfect condition and in the original packaging.
Exceptions to the 100-day return guarantee are;
5b. We do not cover or reimburse the cost of the postage and packaging for your returns. This does not affect your statutory rights.
5c. You must return items in the same condition as they were received by you. Damaged, broken or altered items – including personalised engraving, ring sizing, adjusted chains - will not be accepted for a refund. Please remember you are buying a piece of jewellery, all of which must be treated with care. These items are not suitable to wear whilst gardening, washing / showering, playing sport etc. Foil-backed items must not come into contact with water as this will cause discolouration. Some items offered for sale on this site are antiques in good condition and with careful treatment should remain that way.
5d. Unless otherwise stated diamond colour and clarity and any weight estimations are an assessment and determined without removing the stone from its setting. On occasion, this poses limitations by the setting or mount. Should you feel unsatisfied with our assessment, we will only consider opinions of a qualified gem grading laboratory. Contact us, and we will discuss your grievance. Any unauthorised testing could result in a delay of your refund or a refund not being authorised.
5e. Orders purchased using the onsite 'Interest-Free Finance' are not eligible for the 100-day return guarantee. Instead, a 30-day returns policy applies.
5f. Earrings may be returned using the 100 Day Return Guarantee, providing they have not been worn. Should earrings be returned to us with evidence that they have been worn, your return guarantee will be void. This is due to reasons of hygiene and does not affect your statutory rights.
5g. Items that are repaired or altered outside of The Fine Jewellery Company are void from our guarantee cover.
6. PRICES & PAYMENT
6a. The prices which you must pay for the Products that you Order are set out on the Website or In-Store at the time you place your order, except where we discover an error in the price of the Products you have ordered. In this event, we will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled.
Our online store accepts payment by credit and debit payments on the following cards, if issued in the UK: Maestro, MasterCard, Visa, Visa Debit.
We accept payments using PayPal. To complete your order using PayPal please select the PayPal button on the basket page, you will then be taken to PayPal site to complete your purchase.
In certain instances, payment may be requested via bank transfer. Should this be required, details will be communicated by us to facilitate the transaction.
6b. We offer a range of payment options including gift cards and interest-free credit arrangements at our complete discretion and subject to change at any time.
Our store also accepts gift cards.
6c. We will delay despatch until receipt of cleared funds.
7. ORDER AND ACCEPTANCE
7a. You may place Orders either
(i) using the online process for ordering products via the Website;
or (ii) by calling our Customer Services by telephone on 0121 634 8070;
or (iii) in person in our stores.
7b. When you place an Order with us, we need to obtain various details from you so that we can process your Order which may include personal details and identity documents. You must ensure that the details which you provide each time you place an Order are correct and complete.
7c. Once you have placed an Order to purchase a product from the Website you will receive an e-mail regarding the status of your order.
7d. Your Order is an offer to purchase Products from us, which is subject to our acceptance in accordance with these Terms. Our Acceptance of your Order and the completion of the contract between you and us will take place upon despatch to you or collection from store by you of the pProducts ordered, whichever is applicable.
7e. All orders are subject to verification, our receipt of payment, stock availability, and our acceptance. We reserve the right to reject any order for any reason, including but not limited to failed identity verification (KYC), payment issues, or product availability concerns.Therefore all Orders are subject to verification, us receiving payment and also stock availability.
7f. If the Products ordered are not available, you will be notified by our Customer Services department using the contact details you have provided and you will have the option either to (i) wait until the Products are available from stock; or (ii) cancel your Order.
7g. Any offers for Products at discounted prices or with additional loyalty rewards, detailed on the Website, may be made available from time to time for you to Order (subject to our acceptance) for a limited period of time as stated in that offer.
8. DELIVERY
8a. Delivery: Delivery will be made to the address specified by you when you place your Order. We cannot deliver to P.O Box's, Drop Ship companies or Hotel addresses.
8b. We will do our best to deliver next working day for Orders where cleared funds are received before 4pm. However, we cannot be held responsible for ensuring stock of each specific Product is available at all times or for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control.
8c. Deliveries to areas of Scotland, Outer Hebrides and other remote locations are prone to travel delays and may take longer than quoted for delivery.
8d. The Delivery fee applicable to your specific order will be set out clearly in the checkout process.
8e. For online orders, ownership of the Products you order shall pass to you upon delivery, provided that we have received the full value for such Products.
8f. In-Store Pickup: For orders placed in-store and taken away immediately, ownership of the Products passes to you at the time of purchase, provided full payment has been received.
8g. All orders will be deemed delivered when signed for by any person at the delivery address or confirmed as delivered by our couriers. You must satisfy yourself before requesting any delivery that this will be secure as any loss incurred after the delivery is signed for at the address or confirmed as delivered by our couriers will be your liability. This may particularly be a risk for you if you live in a house of multiple occupation or you choose delivery to a work address.
You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with and instruct the courier to return the item to us. We cannot accept any liability for loss once a package has been accepted by any person at the delivery address.
9. CANCELLATION
9a. You may cancel your Order at any time prior to despatch by calling our Customer Help Line on (0121 634 8070) or by emailing us on [email protected].
10. PRIVACY POLICY
10a. We take the protection of customers' personal information very seriously and are registered with Information Commissioner's Office, Registration number Z211784X. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
10b. You agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. In some circumstances, identification documents will be requested to verify your identity. While we aim to dispatch orders for next day delivery, orders which require identification checks may be subject to delay.
10c. Your email address is essential in order for us to be able to supply you with important information such as order confirmations and changes to the service. By registering with thefinejewellerycompany.com, you accept that your email address may be used to supply you with such information.
10d. As part of your registration you may receive newsletters or updates from time to time. Please note these communications would only be from thefinejewellerycompany.com and rest assured we would never share your details with a third party. If you would like to opt out of receiving these occasional emails click the unsubscribe link on the email and you will be removed from our database. Alternatively, call or email us directly and we will action this for you. Unsubscribing from our newsletter will not affect your ability to receive your order confirmation emails and will not affect your online account status.
11. LIABILITY
11a. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
11b. In the absence of any negligence or breach of duty by us, your use of any of the Products other than in accordance with their instructions is entirely at your own risk.
11c. You will be responsible for all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Website, or from your use/misuse of the Website or the use/misuse by any person for whom you are responsible or from your violation of the Terms.
11d. Jewellery Quarter Bullion Limited warrants that it will provide the Products with reasonable skill and care, within a reasonable time, and substantially as described in these Terms. Jewellery Quarter Bullion Limited does not make any other promises or warranties about the provision of the Products.
11e. Jewellery Quarter Bullion Limited cannot assume any liability for:
11f. If either you or we are in breach of the arrangements under these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an Order.
12. INTELLECTUAL PROPERTY RIGHTS
12a. The content of the Website is protected by copyright, trade mark, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Jewellery Quarter Bullion Limited.
12b. No licence is granted to you in these Terms to use any trade mark of Jewellery Quarter Bullion Limited or its affiliated companies.
13. INTEREST-FREE FINANCE
13a. Finance is offered by Novuna, a trading name of Mitsubishi HC Capital UK PLC, authorised and regulated by the Financial Conduct Authority. Financial Services Register no. 704348 . Novuna are authorised and regulated by the Financial Conduct Authority. Credit is subject to status. Terms and Conditions apply. Please note, Novuna is only available online on items under £30,000.
13b. If you choose to pay for your order using Interest Free Credit your order must be delivered to your billing address. Interest Free Credit is not available on orders delivered outside the UK.
13c. Under the Consumer Contracts Regulations 2014, a customer is allowed to return an item if they simply change their mind. A customer has the right to cancel at any time from the moment they place their online or mail order, and up to 14 days from the day they receive the goods. The customer then has a further 14 days from the date they notify the retailer of their cancellation to return the goods. There are exemptions to online returns which include tailor made/personalised goods.
13d. Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods.
14. BESPOKE JEWELLERY
14a. We are pleased to offer Bespoke Jewellery, tailored to your specific requirements. If this service is utilised, we require an upfront minimum deposit of 10% of the order value.
14b. Bespoke items can only be returned when there is a fault with the items. Rights to a refund are detailed under 5. Our 100 day refund guarantee.
14c. In the event of cancellation, the deposit will be forfeit to cover the work which has commenced to produce the product.
14d. Sizing and Fit:
14e. Production Timeline:
15. SELLING YOUR JEWELLERY AND SCRAP PRECIOUS METALS.
15a. Valuation and Offer: The price we offer will be based on an independent valuation and will be dependent on the individual scenario. The price offered will consider the value of precious metals based on live prices, precious stones in the piece, condition, and uniqueness of the piece.
15b. Testing and Verification: To accurately assess your jewellery, it may be necessary to test the metal and verify the carat weight of gold. Testing may involve requesting permission to remove stones or to scratch or cut the metal, as required for proper assessment.
Jewellery will be tested to verify the metal and carat weight of gold. To facilitate testing of your Jewellery, we may request permission for the stones to be removed or the metal to be scratched or cut.
15c. You bear the risk of loss, damage, or theft of the jewellery/item or any (if applicable) evidence of your ownership and other items we require you to supply to us, until we have legally taken ownership of the item(s).are the legal owner.
15d. Offer Acceptance and Ownership Transfer: Even after an initial offer is made:
15d(i) We reserve the right to reject the transaction for any reason, including but not limited to, failure of identity verification (KYC), a decision not to purchase the items, or discrepancies in the item description provided by you.
15d(ii) The transaction is only completed when we choose to accept the transaction, all KYC requirements are satisfied, payment is made to you, we have received and verified the items as described, and we are satisfied with the ID and/or proof of ownership if requested.
Once the offer has been accepted and the jewellery/item has been received into our possession. We will take legal ownership of the piece.
15e. Payment Terms: Payment for your jewellery/item will be made only on a working day and typically on the working day following acceptance the transaction. However, for larger transactions or in cases affected by uncontrollable factors (referenced in Clause 20), payment will be completed within 7 working days of our acceptance of the transaction.
We will only make payment on a working day. Normally we will make payment on the same date that we accept the offer. For larger offers, however, and particularly where there are uncontrollable factors (see clause 20) we will make payment in accordance with our obligations above within 7 working days of our acceptance of the offer.
15f. Completion of Obligations: Our obligations to buy the jewellery/item(s) are deemed completed once payment has been made to you.
15g. Identification Requirements: A validA photographic ID, either such as a driving license or passport, must be provided when selling your Jewellery or other item(s). A copy of the this identification will be taken and held in compliance accordance with our privacy policy.
16. REPAIRS AND ALTERATIONS
16a. Repairs are carried out on a 'best possible' basis, and we cannot offer an ongoing guarantee on items that are being repaired or have been repaired by us.
16b. Jewellery Quarter Bullion Limited is not liable for jewellery or gemstones as part of the repair or alteration process where they have had previous repairs, enhancement, treatment, seen or unseen damage, naturally occurring flaws, cracks or poor manufacture.
16c. Gemstones may have been subjected to an enhancement process or treatment which is not detectable to the naked eye or without specialist testing equipment. This enhancement process or treatment can make a gem unstable, especially if subjected to heat. Gemstones, especially vintage or antique stones and in particular Opals and Emeralds may have flaws or cracks as part of their natural condition, these may or may not be visible to the naked eye. An unstable gem may crack, chip or break as part of the repair process including but not restricted to unsetting, re-setting, re-polishing, tipping or re-sizing. Jewellery Quarter Bullion Limited cannot be held responsible for any damage to Gemstones in these circumstances.
16d. Some metals become brittle over time and may have undergone past plating treatment. We cannot be held responsible for any deterioration, discolouration that occurs following repair/finishing due to the condition of the metal and/or past treatment we have not been made aware of.
16e. We reserve the right to reject any work being undertaken, without penalty, if we feel that after review, we cannot carry out the work successfully, even in cases where they have given either a verbal or written agreement or taken payment for any such work. In such cases, the items will be returned, and a full refund provided.
16f. If while carrying out the agreed repair or service, we discover that unforeseen additional procedures are required that are not included in the original estimate, we will, as soon as reasonably practical, send the customer an additional or updated estimate for approval, if a new estimate or quote cannot be agreed with the customer, then work on the item will cease and work already carried out will need to be paid for before the item can be returned to the customer.
16g. We reserve the right to keep or dispose of any materials which we have replaced – unless you have requested otherwise and explicitly agreed prior to proceeding.
16h. Whilst we work with the utmost care and attention and will do our best to make you aware of any obvious risks before commencing any repair, we would ask you to be mindful that no repair is free of risk, and you therefore agree to the commencement of the repair under your own risk. There are times where parts and materials may break or fail during normal repair due to wear and tear. We cannot accept liability for such breakages as they are beyond our control and could not be reasonably foreseen.
16i. Any modifications or fixes carried out by an unauthorized third party not sanctioned by Jewellery Quarter Bullion Limited will result in the forfeiture of the customer's entitlement to return the items. In such cases, we can no longer determine whether the faults with the goods have been caused by manufacturing error.
16j. Our 12-month repair guarantee policy ensures that any repairs conducted by Jewellery Quarter Bullion Limited are covered for a period of one year from the date of service. This guarantee covers defects arising from the repair work performed by us or our authorised contractors. Please note that alterations or repairs carried out by a third party not authorized by Jewellery Quarter Bullion Limited are not covered under this policy.