1.1 Welcome to our website – www.goldsmithsofshrewsbury.com / goldsmithsofshrewsbury.uk (the "Website" or the "site")
1.2 These Terms tell you the terms and conditions on which we supply any of the products ("Products") listed on our website to you. The following terms and conditions apply when you order Products from our site. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.3 If you find yourself unable to agree to these terms and conditions please do not use our ordering service and we ask that you do not proceed to purchase any Products listed on the site.
1.4 By placing an order using this website you are confirming that you accept these terms and conditions.
2.1 goldsmithsofshrewsbury.com is a site operated by Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury) ("we"). Our company number is 07511811 and our registered office is at 11 Church Street, Oswestry, Shropshire, SY11 2SU. Our VAT number is 107171641
3.1 Our site is only intended for use by people who require delivery on the UK Mainland. Although we are happy to supply products elsewhere, additional delivery charges may apply. If you are not on the UK mainland, please contact us so we may calculate the delivery charges for you to consider before proceeding with an order.
4.1 Your placing an order via the Website constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that contains an invoice and confirmation of our acceptance of your order (the "Order Acceptance"). The contract between us ("Contract") will only be formed when we send you the Order Acceptance, whether or not you receive such email.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Acceptance. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Acceptance.
5.1 In normal circumstances
(a) We will deliver an order within the agreed period, but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regard this as a breach of contract.
(b) Goods will be delivered to the delivery address supplied by you. You are considered to have given authority to accept a delivery on your behalf to any person who actually accepts delivery at the delivery address.
(c) If we, or any agent on our behalf, cannot deliver to the delivery address then we may either store the goods and deliver at a later date or return the goods to stock and deliver similar goods later.
(d) If we deliver in instalments to you, then each instalment is a separate contract. If payment in full is not made to us at the proper time for orders which have already been delivered, then we may withhold or cancel delivery of any other of your orders which have not yet been delivered.
(e) Our prices exclude delivery or transport charges, insurance in transit and taxes. We will charge you extra for transport, packaging taxes and insurance as applicable.
5.2 If we cannot deliver your order within the period specified in your Order Acceptance then we will contact you and you may choose to cancel your order and we will provide you, in those circumstances, with a full refund.
5.3 We will always need a signature on delivery of all Products.
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of:
6.2.1 such Products (including delivery charges) and
6.2.2 all other sums which are or which become due to us from you for sales of Products (including delivery charges) through our Website.
6.2.3 not remove, deface or obscure any identifying mark or packaging on or relating to such Products.
6.3 If before title to Products passes to you:-
6.3.1 you fail to pay any amount due to us for Products on the due date for payment or
6.3.2 you suspend, or threaten to suspend, payment of your debts or you are or are deemed to be insolvent, bankrupt, unable to pay your debts as they fall due for payment, or you admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1996, or you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or you enter into any composition or arrangement with your creditors generally or
6.3.3 an order is made, a resolution is passed, or a notice is issued convening a meeting for the purpose of passing a resolution, or any analogous proceedings are taken, for your winding-up, administration or dissolution or
6.3.4 any liquidator, trustee in bankruptcy, receiver, administrative receiver, administrator or similar officer is appointed over, or in respect of, you or any part of your business or assets then without limiting any other right or remedy that we may have, we may at any time require you to deliver up such Products and, if you fail to do so promptly, we may enter any of your premises where the relevant Products are stored in order to recover them.
7.1 The price of any Products will be as quoted on our site, however prices are liable to increase at any time to cover ourselves if brands increase their prices.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
7.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
7.5 Payment for all Products ordered through the website must be paid for by debit/credit card or by a Paypal account. We accept card payments using Paypal with MasterCard/Visa/Delta/Electron, Discover, American Express & Maestro.
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
8.3 This does not include or limit in any way our liability:
8.3.1 Under section 2(3) of the Consumer Protection Act 1987
8.3.2 For fraud or fraudulent misrepresentation or
8.3.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
8.4.1 loss of income or revenue
8.4.2 loss of business
8.4.3 loss of profits or contracts
8.4.4 loss of anticipated savings
8.4.5 loss of data, or
8.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this condition 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 8.1 or 8.2 or any other claims for direct financial loss that are not excluded by any of categories in condition 8.4.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.1 Save as set out in these terms, all notices given by you to us must be given to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1 Strikes, lock-outs or other industrial action.
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2.5 Impossibility of the use of public or private telecommunications networks.
12.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 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 conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 12.
14.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, 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 we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
This agreement applies as between you, the User of this Website and Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury), the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In this Agreement the following terms shall have the following meanings:
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury)" / "we" means the owner of this website
"Service" means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;
"System" means any online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Website and is not employed by Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury) and acting in the course of their employment; and
"Website" means the website that you are currently using (goldsmithsofshrewsbury.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or that of our our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
3.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury) or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4.1 Those wishing to place a link to this Website on other sites may or Deep linking (i.e. links to specific pages within the site) requires the express permission of Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury). To find out more please contact us by email at [email protected]
6.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.3 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7.1 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
8.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts liability for death or personal injury resulting from any negligence or fraud on its part.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury)
12.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
13.1 These terms and conditions and the relationship between you and Oswestry Goldsmiths LTD (trading as Goldsmiths of Shrewsbury) shall be governed by and construed in accordance with the Law of the United Kingdom and you agree to submit to the exclusive jurisdiction of the Courts of the United Kingdom.