Terms & Conditions

BUY AN ITEM OF JEWELLERY

INTRODUCTION

This section (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions that will apply to any contract between us for the sale of our Goods to you.

It is important that you read and understand these terms and conditions before you place an Order with us. If there is any term that you do not understand or do not accept, then please discuss this with a member of our Sales team before placing your Order or, if a member of our Sales team is unavailable, contact our Customer Services team by email (aftersales@jewelleryfinder.com).

By ordering any of our Goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. These terms and conditions only apply to our "consumer" customers. If you are a "business" customer, please ask a member of our Sales Team for the applicable terms and conditions.

Please ensure that you review these Clauses as they include important limitations on, and exclusions of, our liability.

1. DEFINITIONS

a. When the following words are used anywhere in these Terms, they will have the meanings set out below:

Event Outside Our Control: is defined in clause 16.

Goods, item: the item of jewellery, watch, accessory or other goods that we are selling or buying to or from you as set out in the order or sale.

JewelleryFinder, we, us, our: Jewelleryfinder.com is part of Jewellery Finder & Co Ltd t/as JewelleryFinder (registered in England and Wales with company number 11533086).                                                                                            

Order: your order for the Goods.

Our website, the website: the website at the domain https://www.jewelleryfinder.com.

Paperwork: the original warranty certificate of the Goods, which includes: (1) the name of the authorised dealer that originally sold the Goods; (2) the serial number of the Goods; and (3) the date of original sale of the Goods. Paperwork does not include the user manual or any service papers.                                                

Piece: an item of jewellery, watch or any other item that is sold or part-exchanged 

Terms: the terms and conditions set out in this document.                          

Website: the website at the domain www.jewelleryfinder.com.                         

Work: repairs, servicing, refurbishment, battery replacements, testing, links (addition or removal) and/or other work as applicable.

Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.

2.  OUR CONTRACT WITH YOU

 a. Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.

b. You can check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process.

c. When you submit an Order, your Order represents an offer to us to purchase the Goods. This does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 2(d).
d. If we accept your Order, we will confirm our acceptance by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation. Any Goods forming part of the same Order which we have not confirmed in the Order Confirmation do not form part of that contract.
e. All Goods shown on our Website are subject to availability. If we are unable to supply you with the Goods (for example, because the Goods are no longer in stock), we will let you know by telephone or by e-mail and we will cancel your Order. If you have already paid for the Goods, we will refund you the full amount within 5 Working Days of cancellation (unless we reasonably suspect a fraudulent card payment, see clause 17).
f.  In some instances, a non-manufacturer parts may be fitted to the Goods.
g. On occasion the Goods displayed for sale on our Website will not be available for dispatch until Work has been completed (for example, the Goods may be with a manufacturer undergoing a service or awaiting parts at the time your Order is made). We will let you know prior to acceptance of any Order if this applies to your Order. We endeavour to complete the Work within a reasonable period of time and meet any anticipated completion dates where given. However, due to our reliance on third parties, it is difficult for us to give accurate estimated dates for completion of the Work and Work could in exceptional circumstances take up to 2 months from acceptance of your Order to complete. You can cancel your Order at any time before dispatch of the Goods - see clause 12 which explains your rights to cancel your contract with us.
h. All Goods will remain available for sale on our website until you have paid the balance in full, irrespective of any third-party finance application made by you.
i. The images of the Goods on our Website 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 reflects the colour of the Goods. Your Goods may vary slightly from those images.
j. The packaging of the Goods may vary from that shown on images on the Website.
k. Where our Make an Offer facility is enabled on our Website and you wish to use this facility, please first take the time to read and understand our Make An Offer terms and conditions.
l. We cannot guarantee that boxes and/or other packaging supplied are authentic.

3. PRICE AND PAYMENT

Please be aware that all currency values in the Terms and Conditions are in GBP and are therefore subject to the current exchange rate at the time of transaction. This does not affect your Consumer Rights.

a. The price of the Goods will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
b. The prices quoted on our Website are in Pounds Sterling. Payments must be made to us in Pounds Sterling and any refunds will only be issued by us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside the UK.
c. The price quoted includes VAT (or similar sales tax) at the prevailing rate. If the rate of VAT changes between the date of your Order and the date of dispatch, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
d. The price of the Goods excludes any applicable delivery costs. Our delivery charges will be notified to you pursuant to clause 4(c) and will be added to total amount due and shown in the Order Summary page of our Website before you place your Order.
e. It is always possible that some of the Goods we sell may be incorrectly priced. We will normally check prices before we dispatch the Goods so that where the Goods’ correct price is less than the price stated on our Website or in your Order, we will charge the lower amount. If the Goods’ correct price is higher than the price stated on our Website or in your Order, we will contact you as soon as possible to inform you of this error and we will give you the option of either continuing with your Order for the Goods 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 and you do not respond to our e-mail in relation to the pricing error within 5 Working Days, we will treat the Order as cancelled, notify you by e-mail and refund any sums already paid within 14 days of the date your Order is cancelled (unless we reasonably suspect a fraudulent card payment, see clause 17).
f. You must make payment for the Goods at the same time as placing an Order, unless we agree otherwise, and in any event, we must receive full and cleared funds prior to dispatch of the Goods. Unless we notify you otherwise, we can accept payment by the following methods if you are based in the UK:
g. Credit card or debit card: Payments must be 3D secure.
h. Cash: We accept cash payment up to a maximum of £8,500.00 in any pre-agreed Jewellery Finder agent location. You will be asked to provide evidence of identity and proof of address for all cash payments made of £2,000.00 or more;
i. Cheque: Payable to 'Jewellery Finder & Co Ltd.' Please allow up to 9 Working Days for funds to clear into our account;
j. Bankers draft: Payable to 'Jewellery Finder & Co Ltd.' All drafts will be authenticated by our bank before the Goods are dispatched;
k. Bank transfer: We accept payment by CHAPS, BACS, faster payment (same day) transfers or international transfers. We will advise you of our account details prior to accepting any Order;
l. Part exchange: Where your purchase of the Goods also involves your sale of a Piece, we can accept your current Piece as part payment towards the Goods. You will be advised of the part exchange allowance we attribute to your Goods before your Order is confirmed. Where your part exchange allowance exceeds the purchase price of the Goods, we will issue you with the appropriate credit by bank transfer. Where your part exchange allowance is less than the purchase price of the Goods, you can pay the outstanding balance using another method listed above. Our Sell Your Jewellery terms and conditions also apply; or
m. Finance options: We have a commercial relationship with a credit provider offering various finance options. We and/or our credit provider can refuse finance applications at our sole discretion. If we or our credit provider decline your application, you can either pay for the Goods using another payment option or cancel your Order. Further information regarding these finance options is made available on the Website.
n.If you are based outside the UK, you must pay for the Goods by an international bank transfer.
o. The Order Summary page of our Website will give you a breakdown of the price of the Goods, our delivery charges and any credit card surcharges and will display a total amount payable.
p. If we agree that you can pay by way of an initial deposit and if after paying the initial deposit for the Goods we do not receive the balance payment in full and cleared funds within 14 days of our receipt of the deposit payment from you, then we reserve the right to cancel your Order and relist the Goods for sale on our Website. We will give you at least 3 days’ notice by e-mail before we do this and we will refund your deposit within 14 days of the date your Order is cancelled (unless we reasonably suspect a fraudulent card payment, see clause 17).
q. Please see 'Buy a Jewellery' clause 13(m) for when a credit note is used.

4.  DELIVERY

a. All Orders placed will receive free delivery. This is available Mainland UK only subject to confirmation contact from our Dispatch Team. If you are based outside of Mainland UK, we will contact you with an estimated delivery date and cost. All dates quoted by us for dispatch and delivery of the Goods outside of Mainland UK, though given in good faith, are estimates only and in exceptional circumstances delivery may take up to 2 months from acceptance of your order. Occasionally our delivery may be affected by an Event Outside Our Control. Please see clause 16 for our responsibilities when this happens.
b. We cannot deliver the Goods to the following countries (the ‘Excluded Countries’): Afghanistan, Angola, Armenia, Azerbaijan, Democratic Republic of Congo (formerly Zaire), Iran, Iraq, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Nigeria, North Korea, Rwanda, Somalia, North and South Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan and Yemen. If you would like the Goods to be delivered to any of the Excluded Countries, we will use reasonable endeavours to arrange postage and insurance (at your cost) in advance of confirmation of your Order. Please contact a member of our Sales Team to discuss your options before placing an Order, or alternatively contact our Customer Services team by e-mail (aftersales@jewelleryfinder.com).
c. Delivery charges will be shown in the Order Summary page of our Website and otherwise notified to you by a member of our Sales Team before you place your Order if you are based outside of Mainland UK. Any Orders placed in which the delivery address is based within Mainland UK will be dispatched free of charge.
d. We will not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions.
e. A signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery, the carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.
f. We will deliver the Goods to the delivery address given in your Order. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder, though we will use reasonable endeavours to send the Goods to a work address where requested provided you comply with our dispatch department’s reasonable instructions. If you purchase the Goods using one of our finance options, we will only deliver the Goods to the address given in the finance agreement (as an anti-fraud measure).
g.Goods may be collected from our offices but by appointment only for security reasons. You acknowledge that we will not be liable for losses you incur including travel costs if you travel without making an appointment in advance.
h.Delivery of the Goods will be completed when we deliver the Goods to the address given in your Order or when the Goods are collected from our offices (by you or your representative).
i. If you arrange for another courier to collect the Goods, delivery will be completed when the Goods are collected from our offices. This means that we will not be responsible if the Goods are lost or damaged in the course of transit.
j. The Goods will be your responsibility from the completion of delivery.
k.You own the Goods once we have received payment in full.

5.   CUSTOMS

If you are based outside the UK, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the Goods. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your Order, you should contact your local tax or customs office for further information.

6.  JEWELLERYFINDER WARRANTY

a. We provide either a full or limited warranty with our pre-owned Goods for a period of 12 months from the date of delivery in accordance with our Warranty terms and conditions. Please take the time to read and understand these terms. Our warranty doesn’t apply to any new Goods which are typically covered by a third-party manufacturer’s warranty.
b. As a consumer, the warranty we provide is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from the local Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

7.  PAPERWORK DATE

a. If the Goods are sold with Paperwork, the age of the Goods is calculated from the date given on the Paperwork, which is when the Paperwork is officially stamped by the authorised dealer (‘Age’). You acknowledge that the date of manufacture may be significantly earlier than the Paperwork date.
b. If the Goods are sold without Paperwork, it can be difficult for us to calculate the Age of the Goods, particularly for vintage Goods. While the Age has been given in good faith (calculated by reference to the hallmark or any available serial numbers if reasonably practicable, owner information or other indicators), you acknowledge that the Age of the Goods listed on the Website is an estimate only.
c. If the Goods are sold without Paperwork, no representation or warranty, express or implied, is made by us in relation to the accuracy of the Age of the Goods.

 8.  RETURNS POLICY

a. Purchases made in store can be exchanged but not refunded when returned within 14 days of purchase in unused condition. If no exchange can be made on the day a credit note will be issued for the original purchase price. Please refer to clause 13(m). This does not affect your usual consumer rights.

b. Purchases made online may only be exchanged or refunded within 14 days of purchase if they are in an unused condition. Goods purchased online will come with a tamper-proof returns tag which allows for the Goods to be tried on and examined for any faults. Returns will not be accepted if this sticker has been damaged or removed so please examine the Goods thoroughly to ensure you are completely satisfied with the product before removing this.
c. In the event that Goods are returned to you following a refused sale, packaging and insurance will be your responsibility. JewelleryFinder relinquishes all responsibility for the safe delivery of Goods in this instance. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
d. Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
e. You must return any Goods that are Faulty (including but not limited to the papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good.
f. If your Goods are Faulty on delivery and you are based within the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
g. If your Goods are Faulty on delivery and you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of £12 (although this may be reviewed on a case-by-case basis) provided you comply with our reasonable return instructions and you provide us with a copy receipt.
h. If you are based in the UK and have a valid claim against your warranty, we will provide you with a pre-paid envelope to return your Goods to us and we will not make a charge for the postage and packaging costs of returning the Goods to you. We will charge for postage, packaging, insurance and all other taxes, fees and charges applied by customs incurred for work carried out under warranty if you are based outside of the UK. In all cases, you remain responsible for ensuring that you pack your Goods appropriately to prevent damage during transit.
i. If you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities for work carried out on your item, particularly if you do not correctly complete the relevant declarations (if based outside the EU, ordinarily you should mark the item as a ‘return for repair’). You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.

9. FAULTY GOODS

a. We are under a legal duty to supply you with products that are in conformity with the contract.
b. You must inspect the Goods as soon as reasonably practicable after delivery and you must inform us promptly if the Goods are faulty or not as described (‘Faulty’) upon delivery or if you discover faults later.
c. You must take reasonable care of the Goods and you must return any Goods that are Faulty (including but not limited to papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good.
d. On confirmation by us following inspection and/or testing that the Goods were Faulty on delivery and provided you were not made aware of the relevant fault at the time of purchase of the relevant Good, you will be entitled to the following remedies:
e. you may ask us to refund your payment less any reasonable deduction in accordance with clause 11(j) for loss of or damage to Paperwork if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;
f. you may ask us to replace the Goods, though you acknowledge that given the nature of the Goods that we sell, we may not be able to source a suitable replacement, and we are under no obligation to replace the Goods where this impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either a refund or repair subject to the terms set out in this clause 11;
g. you may ask us to repair the Goods, though we are under no obligation to repair the Goods where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value which the Goods would have if they conformed to the contract of sale and the significance of the lack of conformity, in which case your remedy will be limited to either refund or replacement subject to the terms set out in this clause 11; or
h. if we are unable to repair or replace the Goods after one or more attempts, you may ask us to refund your payment less: a) any reasonable deduction in accordance with clause 11(j) for loss of or damage to Paperwork; and b) any reasonable deduction for wear and tear through use which will not exceed £90 (which equates to the cost of a refurbishment) if the relevant Goods (including Paperwork, links, User Manual Services papers and box as applicable) are returned after 6 months of delivery.
i)All refunds payable under this clause 11(d) shall be paid 14 days of the Goods (including Paperwork, links user manual service papers and box as applicable) being returned to us following your election to receive a refund.
j)You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
k. We reserve our rights to reduce any remedies under clause 11(d) if Paperwork is missing or damaged.
l. Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
m. If your Goods are Faulty on delivery and you are based within the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
n. If your Goods are Faulty on delivery and you are based outside the UK, we will refund your reasonably incurred return postage costs to a maximum of £12 (although this may be reviewed on a case-by-case basis) provided you comply with our reasonable return instructions and you provide us with a copy receipt.
o. Given our reliance at times on third parties and a world-wide shortage of jewellery makers, you acknowledge that a reasonable time for completion of a repair may extend to several months for Events Outside Our Control, for example where manufacturer involvement is necessary to carry out the repair (including in the sourcing of parts).
p. If you buy several Goods from us as part of the same Order, and only some of these Goods are Faulty, you may return the Faulty Goods in accordance with this clause 11, but this does not entitle you to return other Goods which are not Faulty.
q. To discuss a problem with your Order, please contact the sales advisor that dealt with your Order or alternatively you can contact our Customer Services team by e-mail (aftersales@jewelleryfinder.com).
r.As a consumer, you have legal rights in relation to Goods that are Faulty. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website: www.adviceguide.org.uk or call on 03454 040506). Nothing in our Terms will affect your legal rights.

10.  YOUR RIGHT TO CANCEL

a. Subject to clause 12(b), you have a legal right to cancel your Order during the period set out in clause 12(c) and receive a full refund.
b. The cancellation right does not apply to Goods purchased from any of our premises (including premises of authorised agents) and/or if the Goods have been adjusted to meet your specifications or personalised.
c. Purchases made in our premises can be exchanged for a new product (the “Exchanged Order”) but not refunded when returned within 14 days of purchase in unused condition. If the Exchanged Order’s sales price exceeds that of your Order, you will be liable to pay the remaining balance of the transaction. If the Exchanged Order’s sales price is less than that of your original Order, We will issue a credit note to You representing the difference between the Exchanged Order and your original Order. If no exchange can be made on the day a credit note will be issued for the original purchase price. Please refer to clause 13(o) for further details on credit notes. This does not affect your usual consumer rights.
d. You may cancel your Order for the Goods without giving any reason. The cancellation period will expire after 14 days from the day after the Goods are delivered to you or your nominated recipient. If your Order consists of multiple Goods this period will end the day after the last of the Goods are delivered.
e. To exercise the right to cancel you must inform us, please either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team (aftersales@jewelleryfinder.com). You can write to us at JewelleryFinder, 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH.
f. If you cancel your Order, within the stipulated terms, we will reimburse you in full.
g. We may make a deduction from the reimbursement for loss in value of any Goods as the result of any unnecessary handling by you. You must take reasonable care of the Goods and you must return the Goods (including Paperwork, user manual, service papers and box as applicable). The Goods must be in their original condition.
h. You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25% of the purchase price.
i. Returned Goods will be inspected by our servicing team and you will incur a charge for any Work necessary if the returned Goods are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
j.  Return postage, packaging and insurance will be your responsibility and at your cost and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
k. In the event that Goods are returned to you following a refused sale, packaging and insurance will be your responsibility. JewelleryFinder relinquishes all responsibility for the safe delivery of Goods in this instance.
l. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
m. Provided that you comply with the terms of this clause, your cancellation will be actioned upon within 14 days of the date we receive the returned Goods or from when we receive proof that you have sent the goods back to us, whichever is the earliest. If a refund is appropriate, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
n. Advice about your legal rights is available from the Citizens' Advice Consumer Service (website www.adviceguide.org.uk or call us on 03454 040506). Nothing in our Terms will affect your legal rights.
o. When a credit note is issued it is valid for an unlimited time and may be used against any item that we have in stock. If for any valid reason you choose to return an item purchased with a credit note, another credit note will be issued. When selecting your purchase:

If your credit note exceeds the purchase price of the stock item, no change will be given for the unused portion of the credit note. If you have a valid reason to return this item, another credit note will be issued to the value of the original credit note.

Where your credit note is less than the purchase price of the stock item, you must pay the outstanding payment balance. If you have a valid reason to return this item, another credit note will be issued for the original credit note amount and only the outstanding payment balance will be refunded back in the manner in which it was originally paid.

It is important to keep your original credit note safe as copies will not be accepted. The credit note must be presented prior to the point of purchase in order for the stock item to be collected or shipped.

11.  OUR RIGHT TO CANCEL

a. We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.
b. If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you within 7 Working Days (unless we reasonably suspect a fraudulent card payment, see clause 17).

12.  OUR LIABILITY

a. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
b. Subject to clause 15 (c), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by us to comply with these Terms.
c. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusion at clause 15(b) may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when we entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
d. Subject to clause 15(e), our total liability to you in respect of all losses arising under or in connection with the sale of the Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Goods by you.
e. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; (b) our fraud or fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to pre-contract information); section 13 (match sample); section 14 (match model); section 15 (installation); section 16 (non-conforming digital content); sections 17 and 41 (trader right to supply); section 28 (delivery) and section 29 (passing of risk)).

13.  EVENTS OUTSIDE OUR CONTROL

a. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.

b. An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail, DHL or Fedex.

14.  FRAUDULENT PAYMENTS

If we reasonably suspect a fraudulent payment by debit or credit card, then we will not dispatch any Goods and we will not carry out any refunds until authorised by your bank.

15.  PROMOTIONS

If you wish to make an Order further to a promotion, please take the time to read and understand our Promotions terms and conditions.

16.  PRIVACY

We only use your personal information in accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it includes important terms which apply to you.

17.  ENTIRE AGREEMENT

These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

18.  COMMUNICATIONS BETWEEN US

a. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to JewelleryFinder at legal@jewelleryfinder.com or by pre-paid post to 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH. We will confirm receipt of this by contacting you in writing, normally by e-mail.

b. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have given us.

19.  WAIVER

a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
b. A waiver by us of any default will not constitute a waiver of any subsequent default.
c. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

20.  SEVERABILITY

If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 21.  THIRD PARTY RIGHTS

Except as expressly provided, this contract is between you and us. No one other than a party to this contract shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

22.  OUR RIGHT TO VARY THESE TERMS

a. We have the right to revise and amend these Terms from time to time.              b. You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).

23. TRANSFER OF OUR RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.

24. GOVERNING LAW AND JURISDICTION

a. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
c. Although you agree that these Terms are governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with JewelleryFinder in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

25.  OUR DETAILS

JewelleryFinder is a trading name of JewelleryFinder & Co Ltd, whose registered office is at 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH, registered in England & Wales under company registration number 11533086. 

As a consumer, nothing in these Terms will affect your legal rights.

 

SELL YOUR JEWELLERY

INTRODUCTION

This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your goods and are in addition to the general JewelleryFinder Terms and Conditions.

These terms and conditions will apply to any contract between us for the sale of your item either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us or through us. Please note that by selling us your item or instructing us to sell your item on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.

If you refuse to accept these terms and conditions, you will not be able to sell your item to us or sell your item via our website.

These terms and conditions should be read in conjunction with our “Privacy Policy” and general “Terms and Conditions”.

Please note that these terms and conditions only apply to our “consumer” customers. If you are a “business” customer, you will be advised of the applicable terms and conditions by a member of our sales team.

1.  OUR CONTRACT WITH YOU

a. If you would like to sell your item to us you will need to provide us with details of your item including the details required by us to value it this may include style, date, carat, make of the item, by details on the “Sell Your Jewellery” page on our website.
b. Please provide information about your item fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.
c. You will then either receive an e-mail from us with an initial valuation or have the value confirmed directly by one of our agents.
d. Please note that we may request proof of purchase from you at our discretion by way of an original receipt or invoice, together with such other documents that we may reasonably request in connection with the purchase of your item. Please see the section “Proof of Purchase” for further details.
e. Any valuations are provided on a "subject to contract" basis and, unless otherwise stated, are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.
f. If you are happy with the initial valuation issued by us, then you will need to arrange for the item to be posted to our offices in accordance with the clause governing “Delivery” below, or alternatively handed over in-store. 
g. On receipt of your item at our offices, the purchase of your item is subject to due diligence checks which may include a search through online databases and also to an inspection. Please note: should your item match an item on the database as a stolen item then JewelleryFinder will be legally bound to secure the item and, where necessary, inform law enforcement. In this event, no payment or credit will be made and you will be required to contact the relevant enforcement agency or database directly to resolve the issue. As soon as a clear check result is received, where relevant, an inspection of your item and any accompanying paperwork will then be carried out. Where an initial valuation has previously been given by us we will then contact you by telephone and/or email with a final valuation. Notwithstanding any such inspection or testing, you shall remain fully responsible for the items, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.
h. Where relevant, a revised valuation may be offered where: (i) the item does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the item; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
i. If you wish to proceed with a sale you will need to accept our final valuation or the final valuation offered by us. Subject to these terms and conditions the contract between us will only be formed when you have accepted the final price quoted. Upon your acceptance either: (a) we will then send you an e-mail confirming the agreed sum to be paid by us (see “Payment below”), when payment will be made, and the payment method; or (b) where you are part-exchanging your item for a new item sold by us, we will issue you with a merchandise credit (part exchange code), which will be deducted from the purchase price of the new item; or (c) where you are accepting a credit note from us as consideration for the sale of your item to us, we will issue you with a merchandise credit equal to the agreed final price.
j. You may purchase an item from us in part-exchange of your current item. The sale of your existing item to us and your purchase of an item from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the item that you are selling to us in part-exchange, you are subject to the additional “Sell Your Jewellery” terms and conditions. In terms of the Goods that you purchase from us, you are subject to our “Buy an Item of Jewellery” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below. 
k. Please note that in order to sell your item, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt                                                                                                                        l. You can keep track of the process by logging into your JewelleryFinder account. We will also keep you regularly updated by e-mail.

 2.  PRICE AND PAYMENT

a. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.
b. We will make payment to the bank account advised by you or where you are part-exchanging your item for a new item to be sold by us, we will issue you with a merchandise credit (part exchange code), which will be deducted from the purchase price of the new item sold by the us. Where you are accepting a merchandise credit from us, the value of the merchandise credit will be in full and final consideration for the sale of your item to us and no further payments will be made. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.
c. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.
d. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
e. In the event that we discover that the item is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” or any other of your contractual obligations is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, or if you have already purchased a new item from the us by utilising the merchandise credit given in respect of your item, or have already been issued with a merchandise credit from us, you must refund us the full purchase price paid, or pay to us as we may direct, the full amount of the relevant merchandise credit, within 7 days of receipt of notice from us. If the sale involved a part-exchange with us, please see “Part-Exchanges” below.
f. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
g. The price quoted excludes import duty or other taxes, fees and charges (see “Customs” below).
h. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
i. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.

3.  DELIVERY

a. You will deliver the items:

i. to our premises at 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH or as instructed by us prior to delivery (Delivery Location) during our normal business hours or as instructed by us; or

b. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).
c. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.
d. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location. This will not apply to items handed to us where you are purchasing a new item from us in part-exchange of your current item or are receiving a merchandise credit directly from us.
e. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible for the postage, packaging and insurance costs of returning the items to you unless we are returning the item to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special DeliveryTM service to addresses in the UK. If you are based outside of the UK, a courier will be selected at our discretion and postage costs will be payable by you.)
f. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location, or where relevant upon confirmed receipt of the items by us.
g. Once at the Delivery Location, we will confirm receipt of your item and it will be inspected. This will usually take no more than 48 hours.
h. In some circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.

Risk and title

i. Your item will be our responsibility from the time of delivery to the Delivery Location or where relevant upon confirmed receipt of the items by us.
ii. Subject to these terms and conditions, ownership of the item will pass from you to us when the contract has been completed between us namely (a) item the purchase price has been paid to you by us; or (b) where you are purchasing a new item from us in part-exchange of your current item, when we have issued the (part exchange valuation code) as described above under “Our Contract With You”; 

 4.  CUSTOMS & IMPORT/EXPORT OBLIGATIONS

If you are based outside of the UK, you may also have to pay import/export duties and/or other taxes, fees and charges applied by customs or other authorities. You may also need to make certain declarations and/or pay additional fees if your item incorporates particular materials (for example, but without limitation, exotic skin straps or precious stones). You must comply with all laws and regulations of your country as well as the country to which you are sending your item in this regard. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges and/or declarations might apply to your order, you should contact your local tax or customs office for further information prior to sending your item to us. We shall not be liable to you if you fail to comply with these obligations.

5.  THE ITEMS

You will ensure that the items will:

a. correspond with their description;
b. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect, we rely on your skill and judgement; and
c. be free from defects in design, material and workmanship.

6.  YOUR UNDERTAKINGS

You confirm that:

Information supplied by you

a. all the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;
b. you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the item, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the item;

Title

c. the item is your property and that you are entitled to sell the item free from any charge, lien, burden or adverse claim, including any hire purchase or other credit arrangement. In particular:

i. the item has not been reported to the manufacturer, police or any other authority as lost or stolen;

ii. the item is not subject to an undisclosed finance agreement; and
iii. no other person has any claim to the item, whether legal, equitable, possessory or otherwise;

Condition

d. there are no undisclosed physical defects with the item;
e. the item has not been an insurance “write-off” or subject to substantial remedial repairs;
f. the item has not been altered or tampered with;

Authenticity and provenance

g. you accept that every element in the description of the item, including its make, carat, size, weight, model and any applicable serial number, are a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the item in the perception of us and you radically and fundamentally different from the item that you have agreed to supply;
h. the serial numbers and documentation are original, genuine and accurate;

Taxes and Duties

i. all charges, duties (customs or otherwise), taxes and/or any other fees due and payable by you to any customs, tax and/or other authority in respect of your original purchase, ownership, importation/export, and/or sale of the item to us, have been paid in full.

You are fully responsible for any breach of the preceding conditions and remain so notwithstanding discovery of such breach by us.

7.  REMEDIES

a. If the items do not comply with clause 5 (The Items) and/or you are in breach of any of the undertakings set out in clause 6 (Your Undertakings) and/or of any other of your obligations under the contract, then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:
b. to terminate the contract;
c .to reject the items (in whole or in part) and return them to you at your own risk and expense;
d. to require you to provide a full refund of the price of the rejected items (if paid), or of the full amount credited to you where you have purchased a new item from us in part-exchange of your current item or have been issued a merchandise credit by us;
e. to recover from you any costs incurred by us in obtaining substitute items from a third party; and
f. to claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.
g. Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
h. In addition to our Remedies set out above you agree to indemnify us against all liabilities, claims, losses, damages, costs (including legal/other professional costs) and expenses incurred by us as a result of a breach of any of your obligations under the contract, including, but without limitation, any third-party claims arising from any infringement of your obligations under clause 4 (Customs & Import/Export Obligations) and/or clause 6 (Your Undertakings).

8.  LIEN

Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.

9.  PART-EXCHANGES

a. For details of how the contract is made and the terms and conditions applicable for a part exchange with us, please see “Our Contract With You” above.
b. A part-exchange allowance will be agreed between us in writing, which will be used as part payment towards your purchase order. If an order is cancelled in which a part-exchange is involved, whether with us, we may at our sole discretion offer either a return of your item or payment of the part exchange allowance.
c. In the event that we discover that the item you are selling us in part-exchange either for another item from us, is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” or any other of your contractual obligations is breached, we have the option to rescind either or both contracts and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, you must refund us all sums paid by us to you, or where relevant pay the full amount credited to you, within 7 days of receipt of notice from us. If we have already dispatched the item you sought to purchase from us, you will further need to either return this item to us or pay us the full purchase price for the item.
d. Where your part exchange allowance exceeds the purchase price of the item you are agreeing to buy from us, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments. Where your part exchange allowance is less than the purchase price of the Goods you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or such other method as agreed by both parties.

10.  PROOF OF IDENTITY

a. We will need you to produce two forms of original identification to sell your item. We must be provided with acceptable means of identification before we can process any payment to you, in view of our money laundering and counterfeit item policies. We will take copies of this identification for our records.
b. It will be necessary for you to produce the original of one document from each of the following two categories:

Proof of identity

i.   Current valid passport
ii.  Current driving licence
iii. Other (e.g. national identity card with photo and signature)

Proof of address

iv. Recent utility bill
v.  Council tax bill
vi. Bank statement

11.  PROOF OF PURCHASE

a. Wherever possible, we aim to collect proof of purchase with every transaction by way of an original receipt or invoice. A warranty card will not be accepted as proof of purchase.
b. If proof of purchase cannot be provided, you will be referred to a senior member of staff who will evaluate the risks based on other information already provided by you as above.
c. Please be aware that our decision to continue with the transaction without proof of purchase is at our complete discretion and we reserve the right to cancel the transaction at any time.

 12.  LOSS OR DAMAGE

a. If any item you have posted to us, or which has been handed to us on our behalf is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.
b. We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.

13.  PRIVACY

Please review our Privacy Policy, which also governs your visit to Jewelleryfinder.com, to understand our practices. Where you are part-exchanging your item for a new item to be sold by us, or are receiving a merchandise credit from us, we will share your personal information with any third party for the purposes of your part-exchange and/or the issue of the merchandise credit and they will share your personal information with us for the purposes of collecting your item from you. 

14.  OUR LIABILITY

a. Subject to clause 14(b), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions.
b. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion relating to any incidental or consequential loss may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when you sold an item either to or through us.
c. Subject to clause 15 (d), our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your item from you or the trade valuation (whichever is relevant).
d. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).

15.  ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

16. CONFLICT WITH OTHER AGREEMENTS

This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.

17.  NO PARTNERSHIP OR AGENCY

Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.

18.  EVENTS OUTSIDE OF OUR CONTROL

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, virus, fire, flood, severe weather, pandemics, epidemics, explosion, war, act of terrorism, industrial dispute (not involving JewelleryFinder employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.

19.  COMMUNICATIONS BETWEEN US

a. When we refer, in these terms and conditions, to "in writing", this will include e-mail.
b. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to JewelleryFinder & Co Ltd at legal@jewelleryfinder.com or 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH. We will confirm receipt of this by contacting you in writing, normally by e-mail.

20.  WAIVER

a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
b. A waiver by us of any default will not constitute a waiver of any subsequent default.
c. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

21.  SEVERABILITY

If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

22.  VARIATION

No variation of our agreement with you shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

23.  THIRD PARTY RIGHTS

This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

24.  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

a. We have the right to revise and amend these terms and conditions from time to time.
b. You will be subject to the policies and terms and conditions in force at the time that you agree to our terms and conditions, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you agree to proceed with a sale (in which case we have the right to assume that you have accepted the change to the terms and conditions).

25.  GOVERNING LAW AND JURISDICTION

a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
c. Although you agree that this Agreement is governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with JewelleryFinder in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

26.  OUR DETAILS

"JewelleryFinder" is a trading name of Jewellery Finder & Co Ltd, whose registered office is at 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH, registered in England & Wales under company registration number 11533086. Our VAT number is 396554350.

If you are a consumer, nothing in these terms and conditions will affect your statutory rights.

WARRANTY

Our items are accompanied by our 12-month warranty (the "Warranty") from the day you receive your item, protecting your item against manufacturing and mechanical defects, subject to the following terms and conditions. Our Warranty does not include new items that remain under cover of the manufacturers’ warranty. Our 12-month warranty commencing from the date of purchase protects your item of jewellery against manufacturing defects. Please note, that our warranty expressly excludes coverage for excessive wear and tear and/or physical/accidental misuse, loss (including loss of stones), and theft.

Any modification to your item of jewellery by the addition or substitution of non-original materials will invalidate your warranty including repair, sizing or any service performed by anyone other than JewelleryFinder will immediately invalidate the warranty.

Your Warranty will be registered to your current postal address. To ensure your Warranty remains valid, please make sure that you inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the goods are being purchased with the intention of being a gift, we would require the contact details of the intended recipient.

The Warranty does not cover theft or loss of your item, normal wear-and-tear, damage caused to your item by accidents, mishandling, mistreatment or negligence (including, without limitation, damage caused by failure to follow manufacturer and/or our instructions). In particular, wear of the any strap, glass, clasp and cosmetic damage are not covered by our Warranty. 

If your item is returned to us due to a valid claim against our Warranty whilst it is still protected by the manufacturer warranty, we reserve the right to proceed with the works through the manufacturer warranty in the first instance.

Your Warranty will be invalidated in the event that a third party carries out any tests or work on your item (including, without limitation, dismantling your item to carry out an inspection) without our prior knowledge and consent.

In the event of a claim against your Warranty, we will refund, repair or replace your item at our sole discretion. Time will not be of the essence for completion of any works carried out under Warranty.

We have the final decision on all claims against our Warranty. If any dispute arises in connection with the Warranty, we reserve the right to instruct an independent third-party specialist nominated by us to determine the issues in dispute, though are under no obligation to do so. The conclusion in the report to be provided by the third party will be binding as between the parties. Please note that the recommendations of the manufacturer are expressly excluded for the purposes of our Warranty, where such recommendations conflict with our advice.

If you are based outside of the United Kingdom, you may have to pay import duty or other taxes, fees and charges applied by customs or other authorities of your country for work done under Warranty, particularly if you do not correctly complete the relevant declarations.

Please note that you must securely deliver the item to our service centre as advised and with adequate insurance, whether for the health check or to claim against your Warranty or for any other reason, which shall be your responsibility and at your cost unless stated otherwise. If you are based in the UK and have a valid claim against your Warranty, we will not make a charge for the postage and packaging costs of returning the item to you. We will charge for postage and packaging and all other taxes, fees and charges applied by customs incurred for work carried out under Warranty if you are based outside of the UK.

Delivery of the item will be completed when we deliver the Goods to the address given in your order or when the item is collected from our offices (by you or your representative).

If you arrange for another courier to collect the item, delivery will be completed when the item is collected from our offices. This means that we will not be responsible if the item is lost or damaged in the course of transit.

The item will be your responsibility from the completion of delivery.

Your Warranty is personal to you and is non-transferable. The Warranty is in addition to your legal rights. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).

If you wish to make a claim against your Warranty, please contact a member of our warranty team by emailing aftersales@jewelleryfinder.com

 

If you are a consumer, nothing in these terms and conditions will affect your legal rights.

TERMS OF WEBSITE USE

About Jewelleryfinder and These Terms of Website Use

Jewellery Finder & Co Ltd t/a Jewelleryfinder has its registered offices at 102 High Street, Hornchurch, Essex, United Kingdom, RM12 4UH. The Platforms are owned and edited by Jewellery Finder & Co Ltd.

These Terms of Website Use govern your use of Jewelleryfinder websites and mobile applications (together the “Platforms”). In these Terms of Website Use, we use the term Jewelleryfinder (and "we", "us" and "our") to refer to the head office of Jewelleryfinder at the registered address above and its affiliates.

Please read these Terms of Website Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Website Use. If you do not agree to these Terms of Website Use, then you are not authorised to continue use of the Platform.

Updates to these Terms of Website Use

We may make changes from time to time to these Terms of Website Use so please check back regularly to keep informed of updates. The latest version of these Terms of Website Use will always be available on the Platform. Any new version of these Terms of Website Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

Our Privacy Policy

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

Use Of Materials On The Platforms

Jewelleryfinder has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Jewelleryfinder products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Jewelleryfinder cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our authorised retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Jewelleryfinder Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any Jewelleryfinder Material in any way for any public or commercial purposes. Furthermore, Jewelleryfinder Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Website Use, your permission to use Jewelleryfinder Material will automatically terminate and any copies made of Jewelleryfinder Material must be immediately destroyed. Any unauthorised use of Jewelleryfinder Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your Submissions And Unsolicited Communications

This section concerns communications sent to Jewelleryfinder. It does not concern the communication of personal information to Jewelleryfinder in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Jewelleryfinder via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Jewelleryfinder. By sending communications to Jewelleryfinder, you automatically grant Jewelleryfinder a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Jewelleryfinder and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Limitation Of Liability

This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.

Jewelleryfinder tries to ensure that the information provided is accurate and complete. However, Jewelleryfinder does not warrant or represent that Jewelleryfinder’s Material is accurate, error-free or reliable or that use of Jewelleryfinder Material will not infringe rights of third parties.

Jewelleryfinder does not warrant that the functional and/or technical aspects of the Platforms or the Jewelleryfinder Material will be error free or that the Platforms, Jewelleryfinder Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Jewelleryfinder Material results in the need for servicing or replacing property, material, equipment, data or other element, Jewelleryfinder is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Jewelleryfinder and its suppliers make no warranties about the Jewelleryfinder Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, Jewelleryfinder shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Jewelleryfinder has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

Trademark Notice

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Jewelleryfinder trademarks or are licensed for use by Jewelleryfinder by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Jewelleryfinder’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

Copyright Notice

All content (including Jewelleryfinder Materials) on the Platforms are either Copyright © Jewelleryfinder or are licensed for use by Jewelleryfinder. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

Links & Linking

The Platforms may contain links to other platforms operated by third parties not affiliated to Jewelleryfinder. The inclusion of any link to such third party sites does not imply endorsement by Jewelleryfinder of those sites. Jewelleryfinder has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Jewelleryfinder does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.

Termination And Suspension

You agree that Jewelleryfinder may terminate or suspend your access to and use of the Platforms if Jewelleryfinder reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Website Use, or violated the rights of Jewelleryfinder, its affiliated companies or any third party, with or without notice to you. You agree that Jewelleryfinder may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Jewelleryfinder will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Website Use.

General Provisions

Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Jewelleryfinder’s products and services and in certain cases to present products for sale via a variety of means. Jewelleryfinder makes no representation that Jewelleryfinder Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Jewelleryfinder Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Website Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Website Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Website Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Website Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by JewelleryFinder of a breach of any provision of these Terms of Website Use will not operate to be interpreted as a waiver of any other or subsequent breach.

Applicable Law And Jurisdiction

These Terms of Website Use shall be governed by and construed in accordance with the laws of England & Wales, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Website Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Website Use. Where the laws of England & Wales are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

Contact Us

If you have any questions or comments about these Terms of Website Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

legal@jewelleryfinder.com