This website is operated through the domain name topjewellery.co.uk (“we”, “our”, “us”). By using this website, including placing an order, you agree to be bound by these Terms & Conditions, together with our Privacy Policy, Returns & Refunds Policy and any other policies referenced on this website.
You must be at least 18 years old to use this website or have the consent of a parent or legal guardian.
- Please read these Terms & Conditions carefully before using this website.
- We recommend printing a copy for your future reference.
- Orders placed by customers may be cancelled in accordance with these Terms & Conditions.
General
We reserve the right to amend these Terms & Conditions at any time. Any changes become effective once published on this website. Your continued use of the website constitutes acceptance of the updated Terms.
If you are using this website on behalf of a business, you confirm that you have the authority to bind that business.
Order Process
All orders are subject to acceptance.
After completing checkout, you will receive an order acknowledgement email confirming the products you have ordered.
We do not permanently store your order details for later access through this website. Please keep your order confirmation email for your records.
Delivery
Delivery charges and estimated delivery times are displayed during checkout.
Whilst we make every effort to meet estimated delivery dates, delays may occasionally occur due to circumstances beyond our control. We cannot accept liability for delivery delays.
Responsibility for the goods passes to you once they have been delivered.
Payment
Payment is taken once your order has been received and payment details have been verified.
All products are subject to availability. If an item cannot be supplied, we will notify you and provide a full refund where applicable.
Although every effort is made to ensure pricing accuracy, errors may occasionally occur. If an incorrect price has been displayed, we will contact you before processing your order and offer the choice to proceed or cancel.
Ownership of products transfers to you once full payment has been received and the goods have been delivered.
Klarna
We offer Klarna as a payment option at checkout. Use of Klarna is subject to approval and eligibility. Klarna’s own Terms & Conditions apply to purchases made using their services. Klarna UK Terms & Conditions >
Returns & Cancellations
Please refer to our Returns Policy for full details.
All sizes and measurements are approximate, although every effort is made to ensure accuracy.
You have a 14-day cooling-off period from the date of your order in accordance with applicable consumer legislation.
Intellectual Property
All content on this website, including text, graphics, photographs, videos, logos and trademarks, remains the property of Top Jewellery or its licensors.
No content may be copied, reproduced, distributed or commercially used without our prior written permission.
Liability
Nothing within these Terms excludes liability where it cannot legally be excluded, including liability for death or personal injury caused by negligence or fraudulent misrepresentation.
Whilst we make every effort to ensure the accuracy of the information on this website, we do not guarantee that it will always be accurate, complete or error-free.
Subject to applicable law, we shall not be liable for indirect losses, loss of profits, loss of business or any consequential damages arising from the use of this website.
Our maximum liability shall not exceed the amount paid for the relevant product.
Miscellaneous
These Terms & Conditions are governed by the laws of England and Wales.
English is the language used for the conclusion of contracts.
We are not responsible for delays caused by events beyond our reasonable control, including severe weather, industrial action, power failures or other force majeure events.
If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full force.
Delivery Delays & Force Majeure
Delivery dates are estimates only.
We cannot accept liability for delays caused by incorrect delivery information provided by the customer or events beyond our reasonable control, including adverse weather, customs delays, strikes, terrorism, war or natural disasters.
Product Care & Damage
Diamonds and gemstones are securely hand-set. Stones becoming loose due to impact, accidental damage or misuse are not considered manufacturing faults.
White gold jewellery is rhodium plated. Rhodium plating naturally wears over time depending on usage and skin chemistry and will eventually require re-plating.
Surface scratches are a normal characteristic of precious metals during everyday wear and do not constitute manufacturing defects.
Jewellery should be removed during physical activities that may cause impact, pressure or abrasion.
Products
Whilst we take every care to ensure product descriptions, prices and images are accurate, errors may occasionally occur.
Product images are provided for illustration purposes only. As many products are handmade, slight variations may occur.
Unless otherwise stated, products are sold individually.
Where stock is sold simultaneously online and in-store, availability may occasionally differ.
Privacy
By using this website, you consent to the collection and use of your personal information in accordance with our Privacy Policy.
Affiliate Programme
Affiliates are responsible for ensuring customers are aware of all applicable promotional terms.
Referral commissions are confirmed 30 days after the customer’s receipt of goods and only apply to completed qualifying sales.
Affiliate referrals do not apply to finance purchases where excluded.
Contact Information
Top Jewellery
The Big Peg, Shop 8
Warstone Lane
Jewellery Quarter
Birmingham B18 6NA
Tel: 0121 236 9429
Email: [email protected]
TERMS
This website is operated through domain name ‘ topjewellery.co.uk (referred to as “/we/our/us”). As a user of this website in other words “you/your”, you acknowledge that any use of this website by you including any transactions you make “use/using” is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. How to Use this Site, Returns and Refunds, and Privacy Policy. In order to use this website you have to be atleast 18 years old or if you are not at least 18 years old , that you have the authority/consent of your parent or guardian to do so. Please make sure you:- Read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.
- Print a copy for future reference.
- Any orders placed by the customers can be cancelled.
GENERAL
a.a We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
a.b If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
ORDER PROCESS
b.a All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
b.b The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered.
b.c We do not file details of your order for you to subsequently access direct on this website, and you are therefore advised to print out these terms and conditions together with the order acknowledgement for your own records.
DELIVERY
c.a Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.
c.b Risk of loss and damage of products passes to you on the date when the products are delivered.
PAYMENT
d.a We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
d.b The price you pay is the price displayed on this website at the time we receive your order. However, whilst we make every effort to try and ensure that all prices on our website are accurate, errors sometimes occur. If we discover an error in the price of goods you have ordered we will inform you of this fact as soon as possible. You will be given 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. If you cancel and you have already paid for the goods, you will receive a full refund.
d.c Payment can be made by any method specified in ‘payment section’.
d.d Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
RETURNS, CANCELLATIONS AND SUBSTITUTIONS
e.a For our refund policy, please refer to Returns.
e.b All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
e.c After the date of order there will be a 14 day cooling off period. Should you wish to change or cancel your order please notify us within this period.
Intellectual Property
f.a You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.
f.b You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
LIABILITY AND INDEMNITY
g.a Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
g.b Subject to Section g.a above, we will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website AJL will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
g.c Subject to Section g.a above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
g.d Subject to Section g.a above, we will not be liable whether in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
g.e Notwithstanding the above, subject to Section g.a our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
g.f This clause “g” does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
g.g We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
MISCELLANEOUS PROVISIONS
h.a The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of Birmingham, UK. English is the only language offered for the conclusion of the contract.
h.b HSBC Merchant Services processes all debit, credit and charge card payments for customers and will retain a handling fee from the transaction value. The remaining amount will be paid to us for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same, as we will be incurring the cost of the handling fee on your behalf.
h.c We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.
h.d To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
the privacy practices of such websites,
the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
h.e You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.
h.f We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
h.g If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
h.h These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
We shall have the right to enforce any rights or benefits under these terms and conditions;
We shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
A person who is a permitted successor or assignee under Section h.h above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
No consent from the persons referred to in Section h.i is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
h.i No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Us.
h.j These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Us for your use of this website
h.k Our finance services are currently not available for use with purchases of any “Stock” items, or in conjunction with any special offers/vouchers.
SPECIFIC CLAUSES.
Delivery Errors, Delays, Force Majeure.
i.a We cannot be held responsible for any costs incurred due to a delayed delivery, all of our delivery dates are approximations, and due to the handmade nature of our items there are instances when items will take longer. We endeavour to give accurate delivery tine information, however cannot be held liable in the event of this information being invalid.
i.b In the event that a delivery address has been provided incorrectly, or that a product is delivered to an incorrect address, we cannot be held liable for any costs incurred directly or indirectly due to this.
i.c Sandra & Josfina Jewellery Ltd, Cannot be held liable for any costs incurred due to failure to deliver any part of the contract if this failure is due to an Act Of God, I.E. Hurricanes, Adverse Weather Conditions, Impassable Snow Fall, Volcanic Eruption, Nor shall we be liable in the event of, (including but not limited to) Terror Attacks, Rioting, Strike action, War, Power Failure, Customs intervention.
DAMAGE TO ITEMS.
i.c.a Diamonds falling out/Becoming loose – Our Diamonds are set by hand, they are inspected and will not become loose in their settings. A stone will only become loose as a result of impact, or damage.
i.c.b Rhodium – All of our white gold items are Rhodium plated, this is a standard industry practice. Rhodium will wear over time, and require re-application. The length of time this will take varies depending upon the level of acidity in skin, and the possible contact with substances such as chlorine. The company cannot be held responsible for the length of time the rhodium plating will last, due to the large amount of variable contributing factors. This does not constitute a manufacturing fault, Rhodium is applied afterwards to improve the colour of the item, and holds no structural benefit.
i.c.c Surface scratching will occur if jewellery is worn daily, to fully protect your jewellery, you should have it serviced regularly, whereby the surface scratches can be removed. Gold, Platinum and other precious metals are extremely malleable, this is why they are used for jewellery making, They are susceptible to impact damage, and to misshaping under pressure. Jewellery should be removed before undertaking any physical activity that may cause impact/friction or pressure to be applied to the band.
PRODUCTS.
i.d We take time to ensure that our website prices, images and descriptions are correct, however human error can occur, and as such we cannot be held liable for such mistakes, or for any costs incurred in relation to this failure to deliver.
i.e All Product images are for illustration purposes only, in certain circumstances the product may differ slightly due to the handmade nature of our items. Unless specifically stated in title or description, each Catalogue item is offered for sale individually, all items are sold separately.
i.f Any item sold as “stock” through our website is a physical item, either in stock, or displayed for sale in a retail store, as such there are instances when these items are purchased in store, and also purchased online. In this event, the in store purchase will take precedent. We cannot be held liable for any errors that may occur with the removal of stock items, or for costs incurred by parties as a result of this. We will always endeavour to come to a reasonable solution for both parties.
CONSENT
By using the Site you consent to our collection and use of your Personal Information as stated above. If we decide to change our privacy policy, we will post a notice to that effect on the Site.
Disclaimer of Warranties and Damages; Limitation of Liability YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SANDRA & JOSFINA JEWEELER LIMITED ‘S NEGLIGENCE, SHALL SANDRA & JOSFINA Jeweller LIMITED BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF APEX JEWELLERS LIMITED OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AFFILIATE PROGRAMS
A notice to all affiliates from Paid on Results or Affiliate future. It is your responsibility to ensure that customers coming through to our site are aware that the following terms apply, we shall take no responsibility for sales that DO NOT meet the below terms and shall also NOT be responsible for liaising with any customers chasing ‘cash back’ or ‘discounts’ you have offered.
CUSTOMER CASHBACK SCHEMES
- We will confirm any completed orders 30 days from the customer’s receipt of an item as per distance selling regulations and our money back guarantee. We cannot agree referrals before this date.
- Referrals are only valid on sales completed through a complete sale. This includes payments via debit/credit card but EXCLUDES any customer taking out a finance option with Barclays. We will not honour any order that results in a finance agreement.
- It is the Affiliates responsibility to liaise with the customer throughout. We will not be responsible for discussing ‘cash back’ or any other ‘discounts’.
- All Affiliates are responsible for ensuring the customer is aware of these terms
- Referrals will be accepted through direct online sales ONLY. This excludes all of our stores and any telephone/methods of sale
