Terms of trading
- with consumers
- contracting in shop
- contracting at a distance
- for sale of goods
- for supply of services involving transfer of goods
- for supply of services on customer property involving [little or] no transfer of goods
Principal relevant legislation/ regulations:
- The Consumer Protection (Distance Selling) Regulations 2000
- Consumer Protection from Unfair Trading Regulations 2008
- Sale of Goods Act 1979
- Sale and Supply of Goods to Consumers Regulations 2002
- Supply of Goods and Services Act 1982
- Unfair Contract Terms Act 1977
- Unfair Terms in Consumer Contracts Regulations 1999
- Data Protection Act 1998
- Electronic Commerce (EC Directive) Regulations 2002
Indicators of unreasonable terms set out at the end of this document.
Text for website as follows:
Parties
1. You, the customer, are contracting under English law with Heidi Kjeldsen Limited. Our principal place of business is our Shop which is located at The Maltings, 5 Mill Street, Oakham LE15 6EA. We design, make, repair and sell fine jewellery and accessories using high quality materials and components (any of which we will refer to in these terms as “articles”). Further information about our legal identity is provided at the end of these terms. To contact us, please see our Contact Us page.
2. We refer to you in these terms as “you” or “the customer”. Please note that we do not contract with customers under the age of 18. These terms are for you as a retail purchaser. As a consumer, you have legal rights in relation to articles that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights. If you wish to deal with us in the course of a business, for example, if intending to re sell articles acquired from us as part of a business you must tell us in advance. Should you not do so we reserve the right to vary or depart from these terms.
Applicable terms
3. The following terms apply to customers contracting to purchase articles from a distance using telephone and or email and or our website. On the other hand, if you contract with us in the Shop our face to face terms will apply, and not these terms. To illustrate, if you contract with us in the Shop for article A and via our website for article B our face to face or “shop terms” (and not these terms) will apply in relation to your purchase of article A. For your purchase of article B these terms will apply. We will contract with you if not in the Shop only upon these terms. No departure from them will be accepted unless agreed by us, and you, in writing which may be by an exchange of emails. When contracting according to these terms the following will also apply to the contract: Terms of website use, Website acceptable use policy and Privacy policy. Please take the time to read these, as they include important terms which apply to you.
Acceptance of these terms
4. Please click on the button marked “I Accept” at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to order any articles via our website and if purchasing by telephone or by email we will ask you to confirm that you have read and understood these terms as then showing on our website. You should print a copy of these terms or save them to your computer at time of each contract for future reference. We amend these terms from time to time. Because of this, every time you wish to order articles, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on 18th March 2013. The English language version only of these terms shall apply.
Date of contract
5. The date of your contract (“contract date”) with us is the date on which, and not before, we send to you an email confirming the order has been despatched. If we are unable to supply you with the chosen article, for example because it is not in stock or no longer available or because of an error in the price on our site as referred to in paragraph 19, we will inform you of this by e-mail and we will not process your order. If you have already paid for the article we will refund you the full amount as soon as possible.
Description of articles
6. The images of the articles on our web site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the articles. Your articles may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our articles are often handmade, sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance. The packaging of the articles may vary from that shown on images on our website. All articles shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the article you have ordered is not available and we will not process your order if made.
Delivery
7. Orders will be fulfilled by the estimated delivery date set out in the email confirming despatch unless there is an event outside our control in which case we will contact you with a revised estimated delivery date. Delivery will be completed when we deliver the article to the address you gave us. If no one is available at your address to take delivery, we will leave you a note that the article has been returned to our premises, in which case, please contact us to rearrange delivery. The article will be your responsibility from the completion of delivery. You will own the article once we have received payment in full, including all applicable delivery charges.
8. We deliver to customers located outside the United Kingdom (we call these International Delivery Destinations). If you order delivery to one of the International Delivery Destinations, your order may be subject to import restrictions, duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the article is destined. We will not be liable or responsible if you break any such law.
Right of return and refund
9. You may cancel your contract with us if we receive written notice from you or if you present yourself in person to us at the Shop in either case within seven (7) working days of the contract date. Working days means that Sundays or public holidays in England are not included in this period. Cancellation is however conditional upon you returning purchased articles to us in the same condition as when received from us including packaging within 14 working days of the contract date. We will not release you from your contract with us after those seven working days except on terms satisfactory to us or as permitted elsewhere in these terms. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or post the letter to us. If you telephone us to notify us of your cancellation, then your cancellation is effective from the date you speak with us or leave a voicemail which clearly identifies the purchaser and article. You should keep a copy of your cancellation notification for your own records.
10. You will receive a full refund of the price you paid for the article and any applicable delivery charges you paid for when the articles was sent to you. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above in paragraph 9. We refund only to the credit card or debit card used by you to pay or to PayPal if that was the method of payment. If you have returned the article because it is faulty or mis-described, we will refund the price of the article in full, any applicable return delivery charges, and any reasonable costs you incur in returning the article to us.
11. If the article was delivered to you, you must return it to us as soon as reasonably practicable and in any event within the period of 14 working days of the contract date. Unless the article is faulty or not as described you will be responsible for the cost of returning the article to us securely retaining evidence of despatch. You have a legal obligation to keep the article and its packaging in your possession and to take reasonable care of it and to insure it while in your possession and being returned to us. Details of your legal right to cancel and an explanation of how to exercise it are provided in the email confirming despatch.
12. As a consumer, you will always have legal rights in relation to articles that are faulty or not as described. These legal rights are not affected by the returns policy in these terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our promises/quality assurances to you
13. We will perform our services to you using all reasonable care and skill. The articles you purchase from us will conform to generally accepted industry standards and practices and will be free from any defects in design, workmanship, construction or materials. Our gemstones are sourced from highly respected suppliers so that, as far as we can ascertain, any treatments carried out are fully recognised and accepted by the Gemmological Association of Great Britain. We use all reasonable endeavours to ascertain that the provenance is good and conflict-free and that the article have been ethically sourced in compliance with United Nations resolutions.
14. Customers may return the articles to us for repair or making good without charge within a period of three months from date of purchase. You may transfer the benefit of these assurances to any person to whom you transfer the article as a gift but we do not offer these assurances to any other third party. We will not repair or make good where the article appears to have incurred wear and tear, damage or stress because of wear in inappropriate circumstances, mistreatment, negligence or neglect or failure to follow user instructions, accident, abnormal storage or otherwise by you or any other party or factor, nor make good the effects of any alteration or repair by you or by a third party not approved by us in writing.
Exclusions and limits to our liabilities to customers
15. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us on the contract date. We only supply articles for domestic and private use. You agree not to use an article purchased or commissioned from us for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective articles under the Consumer Protection Act 1987.
16. We will not be liable or responsible for any failure to perform, or for delay in performance of, any of our obligations under a contract that is caused by an event outside our control. If an event outside our control takes place that affects the performance of our obligations under a contract we will contact you as soon as reasonably possible to notify you; and our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event outside our control affects our delivery of articles to you, we will arrange a new delivery date with you after the event is over.
Price and variation of price, delivery charges, vat and methods of payment
17. We may vary the price of an article from time to time and its price may change between the time you first see the article and when you place an order.
18. Our website contains a large number of articles. It is always possible that, despite our reasonable efforts some of the articles on our site may be incorrectly priced. If we discover an error in the price of the articles you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the articles at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the articles to you at the incorrect (lower) price.
19. The price of an article does not include delivery charges. Our delivery charges are as quoted on our website site from time to time. To check relevant delivery charges, please refer to our delivery charges page.
20. Prices for all consumer customers are expressed inclusive of Value added tax (Vat) in the United Kingdom. However, if the rate of Vat changes between the date of your order and the date of delivery or completion, we will adjust the Vat you pay on any sum then owing. The price you pay will remain unaffected if you have already paid for the article or work in full before the change in Vat takes effect.
21. You can only pay for articles using a debit card or credit card. We accept the following cards: Visa, Mastercard, JCB cards, Maestro and Visa Electron. We also accept payment via PayPal. We charge your debit card or credit card on the contract date or if out of stock when we are in a position to dispatch your order.
Other matters
22. These terms have been drawn up by us after many years dealing with consumers in the design, making, repairing and selling of fine jewellery. These terms are considered by us to strike a reasonable and practical balance between us as a specialist seller or supplier and you as a purchasing retail customer of fine jewellery. These terms are consistent with market practice for sales and services of the kinds we provide.
23. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24. Except a recipient of a gift from you of an article acquired from us no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. We may subcontract or transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.
25. Heidi Kjeldsen Ltd is a company incorporated in England with number 08277159 having its registered office address at 11 The Office Village, North Road, Loughborough, Leicestershire, England, LE11 1QJ. Our Vat number is 728260238. Our website domain address is https://www.heidikjeldsen.co.uk/
At the end of the checkout, before payment is taken, please tick the appropriate box to confirm that you have read, understand and accept these terms. The transaction will not proceed unless the box has been ticked.
End of terms for website
The Unfair Terms in Consumer Contracts Regulations 1999
SCHEDULE 2INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR
1. Terms which have the object or effect of:
(a) Excluding or limiting the legal liability of a seller or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier;
(b) inappropriately excluding or limiting the legal rights of the consumer vis-Ã -vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;
(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
(d) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party canceling the contract;
(e) requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation;
(f) authorising the seller or supplier to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the seller or supplier to retain the sums paid for services not yet supplied by him where it is the seller or supplier himself who dissolves the contract;
(g) enabling the seller or supplier to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so;
(h) automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express his desire not to extend the contract is unreasonably early;
(i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;
(j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract;
(k) enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided;
(l) providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;
(m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;
(n) limiting the seller’s or supplier’s obligation to respect commitments undertaken by his agents or making his commitments subject to compliance with a particular formality;
(o) obliging the consumer to fulfill all his obligations where the seller or supplier does not perform his;
(p) giving the seller or supplier the possibility of transferring his rights and obligations under the contract, where this may serve to reduce the guarantees for the consumer, without the latter’s agreement;
(q) excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.
2. Scope of paragraphs 1(g), (j) and (l)
(a) Paragraph 1(g) is without hindrance to terms by which a supplier of financial services reserves the right to terminate unilaterally a contract of indeterminate duration without notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof immediately.
(b) Paragraph 1(j) is without hindrance to terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer or due to the latter, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof at the earliest opportunity and that the latter are free to dissolve the contract immediately.
Paragraph 1(j) is also without hindrance to terms under which a seller or supplier reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to dissolve the contract.
(c) Paragraphs 1(g), (j) and (l) do not apply to:
- transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the seller or supplier does not control;
- contracts for the purchase or sale of foreign currency, traveller’s cheques or international money orders denominated in foreign currency;
(d) Paragraph 1(l) is without hindrance to price indexation clauses, where lawful, provided that the method by which prices vary is explicitly described.
