1. OVERVIEW
These are the eCommerce Terms and Conditions (the “Terms”) for Daniels Silver & Marcasite Ltd t/as London Vintage (“we”, “us”, “our”), which set out the basis on which we agree to supply our products (the “Products”) to you, via our website, londonvintage.co.uk (the “Website”).
These Terms contain important information regarding our Products and also your rights as a consumer under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013. Please ensure that you read and fully understand these Terms prior to raising any Order for the Products via the Website.
We may amend these Terms (and any of our other policies) from time to time to reflect updates to our Products and services. Every time you wish to use our Website or purchased any Products from us, please check these Terms to ensure you understand the terms that apply at that time.
2. COMPANY INFORMATION AND CONTACT DETAILS
We are Daniels Silver & Marcasite Ltd t/as London Vintage a company registered in England and Wales. Our company registration number is 04628071 and our registered office is at Suite 3, Warren House, 10-20 Main Road, Hockley, Essex, SS5 4QS. Our registered VAT number is 820 2419 69.
You can contact us by:
– emailing, at [email protected]; or
– by writing to us at: Contact London Vintage, Office 3-2-8/9, Storey House, White Cross Business Park, Lancaster, LA1 4XQ.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words “writing” or “written” in these Terms, this includes emails but not fax.
3. YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy here.
4. PURCHASING PRODUCTS FROM US
If you wish to purchase the Products via our Website, you can do so either by creating an account or by proceeding as a guest. To raise your order (hereafter, the “Order”) for the Products, you must select the Products that you wish to purchase, your desired delivery method and proceed to complete the Order at the checkout page of the Website. You must also provide us with a contact email address, and it is vitally important that you ensure that this email address is correct, as we can have no responsibility for any losses that you may suffer where you provide us with an incorrect email address.
Once you have submitted your Order, you will receive an automatic email confirmation which will be sent to the email address that you provided when raising the Order (“Order Confirmation”). This Order Confirmation will provide you with a summary of the Products that are subject to that Order and the applicable costs. It will also contain a unique Order number, which can be used when raising any queries with us.
By raising an Order via our Website, you agree that you are:
– legally capable of entering into binding contracts; and
– a resident within one of our service countries (and that you will provide full, complete and accurate information regarding the delivery address within your Order).
We will, at our discretion, decide whether to accept or refuse your Order. If we are unable to accept your Order, we will inform you in writing following submission of your Order (and this may take place after we have issued our initial Order Confirmation, which is an automated process). Where an Order has been refused, we will promptly refund any sums (to your credit card or debit card that was used when raising the Order) that have been paid by you.
If we accept your Order, we will email you to confirm that the Products subject to your Order have been despatched (“Despatch Email”) and provide you with the delivery details in line with clause 9 (Delivering the Products). It is only once we have sent the Dispatch Email that the contract will come into existence between you and us and the Products will be despatched for delivery.
If any of the information which you provided within your Order changes at any time during the duration of the contract you must notify us of this fact. At this stage we will assess whether this affects our ability to provide the Products, the price or any other matter relating to the contract.
5. PRICE AND PAYMENT
The price of the Products (which includes VAT) will be the price indicated on the checkout function of Website save to the extent that it is adjusted in any way in accordance with these terms. We use our best efforts to ensure that the price of the Products advised to you is correct.
If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
Information regarding our acceptable payment methods is provided on our Website. We require that the price for the Products is paid on raising your Order. We may, however, offer flexible payment options from time to time, and where this is the case, information regarding those payment options will be made available via our Website or otherwise communicated to you in writing.
6. OUR PRODUCTS
The images of the Products on our Website and/or any promotional material are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our promotional material accurately reflects the colour of the Products. Your Product may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our website and/or any promotional material.
7. CHANGES TO YOUR ORDER
If you wish to make a change to your Order, please contact us via email at [email protected]. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, applicable delivery dates or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Please note that it is not possible to change your Order once the Products have been dispatched to you. It may be possible to return the Products (see our Cancellation and Returns Policy), however return costs may apply.
We may make minor changes to your Order in order to:
– to reflect changes in relevant laws and regulatory requirements; or
– to implement minor technical adjustments and improvements, for example to address a security threat.
8. CANCELLATION RIGHTS
Where you have bought Products via our Website, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “2013 Regulations”) you have a legal right to change your mind within 14-days (cancellation period) of your receipt of the Products and receive a refund for any payments you have made.
In addition to your statutory rights under the 2013 Regulations, we operate a 28 day returns policy (“Cancellation Period”) on all Products purchased via our Website, commencing from the day on which the Products have been delivered to you. After the 28 day period has expired, we cannot accept returns for any Products that we have supplied, unless we have breached our legal obligations to you (for example, under the Consumer Rights Act 2015).
Please see our Cancellation and Returns Policy which contains further information regarding our cancellation policy and how you can return any Products to us. Our Cancellation and Returns Policy also contains our Model Cancellation Form, which can also be completed by you should you wish to exercise your cancellation rights.
9. DELIVERING THE PRODUCTS
The costs of delivery for the Products will be as displayed to you on our Website and within your Order Confirmation. Delivery within the UK is provided via Royal Mail and dependant on the delivery option you have chosen when submitting your Order, we will provide you with an estimated date of delivery for the Products, however, please note that we can never guarantee when delivery will take place.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, you will need to organise either a re-delivery of the Order with Royal Mail or otherwise collect your Order from the nearest Royal Mail depot. We will provide reasonable assistance (such as providing tracking numbers where applicable) to you during the re-delivery or collection process.
We offer overseas delivery of the Products via DHL, and our overseas delivery options which will be presented to you at the checkout stage when you are raising your Order. Once you have presented your shipping address and completed all relevant details, our systems can then present with you with the costs of delivery to your address. Please also note that, depending on the country in which the Products are being delivered to, further costs, charges, duties, levies (etc.) may apply in relation to your purchase of the Products, for which you will be responsible. You will also be responsible for any import formalities, duties, tariffs, levies or taxes that may apply within your country. For the avoidance of doubt, you are responsible for ensuring that the Products are legally capable of being incorporated into your country and in this regard you are the “importer of record”.
Please also note that where the delivery of the Products is taking place via DHL, or another third-party courier, we have separate contractual relations with DHL and that third party. We will inform you of any further conditions that will apply in relation to the delivery of the Products to you in such circumstances.
10. IF THERE IS A PROBLEM WITH THE PRODUCTS
If you have any questions or complaints about the Products, please contact us.
We are under a legal duty to supply the Products in conformity with this contract. For detailed information on your key legal rights please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.
If you wish to exercise your legal rights to reject the Products (note that this does not apply when you are exercising your rights to cancel, but only where we have failed to comply with our legal obligations), you must return them by posting them back to us and you will be responsible for initial postage costs. Please see our Cancellation and Returns Policy, which sets out that we will refund these postage costs (provided that such costs are reasonably incurred by you) to you where we agree that we have failed to confirm with the contract.
11. YOUR RIGHTS TO END THE CONTRACT
You can contact us to end your contract for the Products at any time. In order to do so, please see our Cancellation and Returns Policy.
In addition to your rights to cancel under our Cancellation and Returns Policy, you may also have a right to terminate the contract in the following circumstances:
– If what you have bought is faulty or mis-described (an example being where you have ordered one of our Products and what we have delivered is incorrect);
– If you want to end the contract because of something we have done or have agreed in writing that we are going to do (an example here is where we have agreed to do something and we have failed to comply with that agreement); or
– Otherwise where we have breached our obligations under the Consumer Rights Act 2015 (to supply Products of a satisfactory quality) and associated laws.
Nothing in these Terms or our Cancellation and Returns Policy seeks to limit or restrict our legal obligations or your rights under the Consumer Rights Act 2015.
12. OUR RIGHTS TO END THE CONTRACT
We may end the contract at any time and at our absolute discretion by providing notice in writing to you. Specific examples of where we may end the contract are:
– you do not, within a reasonable time, allow us to deliver the Products to you;
– you act unreasonably or in an obstructive manner when we attempt to deliver the Products to you;
– you do not, within a reasonable time, allow us access to your premises to deliver the Products; or
– we are unable to provide the Products.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract (for example, where we cannot provide the Products due to your conduct).
13. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE EXERCISING CANCELLATION RIGHTS)
To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, home address, details of the Products purchased, your Order number, your phone number and your email address.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then, in accordance with clause Cancellation and Returns Policy, your refund will be made within 14 days of your telling us you have changed your mind.
14. RESPONSIBILITY FOR LOSS OR DAMAGE
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to supply Products of a satisfactory quality. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
We only supply the Products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
It is essential that care is taken when using our Products to avoid damage and to ensure complete safety. If you do not comply with the instructions provided by us (or generally acceptable standards) on the use of the Products which then leads to damage being caused, you will not be entitled to a refund for the Products under the Cancellation and Returns Policy.. We will also have no liability whatsoever for any loss or damage that you may suffer as a result. Please see our “Jewellery Care” page on our Website for further information in this regard.
15. WHICH LAWS APPLY IN THE EVENT OF A DISPUTE?
Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the Courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland and you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instance alternative dispute resolution may be used.
16. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.