TERMS AND CONDITIONS OF ON-LINE SUPPLY OF GOODS BY BERENS & COMPANY LIMITED, TRADING AS BERRY’S JEWELLERS
This page (together with the documents referred to on it) tells you the terms and conditions on which We supply any of the products (“Products”) listed on our website at www.berrysjewellers.co.uk (“Our Site”) to you. 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.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of the terms and conditions on the purchasing pages if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from Our Site.
Information about us
www.berrysjewellers.co.uk is a site operated by Berens & Company Limited (“We” or “Us”). We are registered in England and Wales under company number 354466 and with our registered office at 62 Albion Street, Leeds, LS1 6AD. Our VAT number is 169028842.
1.01 By placing an order through Our Site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
How the contract is formed between you and us
1.02 After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order 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 confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between Us (“Contract”) will only be formed when We send you the Dispatch Confirmation. Where you have offered to buy a Product made by Us to your specifications, your offer to buy will be accepted, and our Contract will be formed, when We confirm to you in writing that We are willing and able to make the Product to your specification and a price has been agreed between us.
1.03 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. 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 Dispatch Confirmation.
1.04 If you are contracting as a consumer, you may cancel a Contract at any time within Fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 (below). This provision does not affect any other statutory rights you may have.
1.05 To cancel a Contract, you must inform Us in writing, quoting your order number. You must also return the Product(s) to Us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
1.06 You will not have any right to cancel a Contract for the supply of any Products that have been made by Us to your specifications.
Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then (for Products other than those made to your specifications) within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Products made to your specifications will generally be delivered to you more than 30 days after your order and we will endeavour to provide you with an expected (non-binding) delivery date following receipt of your order.
Risk and title
1.07 The Products will be at your risk from the time of delivery.
1.08 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products.
Price and payment
1.09 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
1.10 These prices include VAT but exclude delivery costs (if applicable), which will be added to the total amount due as set out in our Delivery Guide, which is accessible during the order process (prior to you having to confirm your order). In most cases, however, We will not charge you any delivery costs at all.
1.11 Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
1.12 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.
1.13 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
1.14 Payment for all Products must be by credit or debit card. We accept payment with those credit and debit cards identified on Our Site.
Our refunds policy for online sales only. (This policy is excluded from our stores where only a credit note or exchange will be given).
1.15 When you return a Product to Us:
(a) because you have cancelled the Contract between Us within the Fourteen-day cooling-off period (see clause 4.1 (above)), We will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, We will refund the price of the Product in full, including any delivery costs we charged to you. However, you will be responsible for the cost of returning the item to Us.
(b)if for any other reason (for instance, because you have notified Us in accordance with clause 18 that you do not agree to any change in these terms and conditions, or because you claim that the Product is defective), We will examine the returned Product and will notify you if you are entitled to a refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you via e-mail that you were entitled to a refund for the defective Product. You will have 30 days from your original order date for products returned by because of a genuine defect, in this instance you will be refunded in full, including a refund of any delivery costs we charged to you for sending the item to you and the cost incurred by you in returning the item to Us. We will not provide a refund in relation to Products that do not have a genuine defect, or where the defect has been caused by you.
1.16 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
1.17 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.
1.18 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 and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by you and Us at the time your order is accepted by Us.
1.19 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
1.20 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:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
1.21 If you order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
1.22 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
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 Site. 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.
All notices given by you to Us must be given to Berens & Company Limited at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 11. Notice will be deemed received and properly served immediately when posted on Our Site, 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.
Transfer of rights and obligations
1.23 The Contract between you and Us is binding on you and Us and on our respective successors and assigns. 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. 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.
Events outside our control
1.24 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”).
1.25 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: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government.
1.26 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.
1.27 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.
1.28 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
1.29 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 clause 12 above.
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.
1.30 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.
1.31 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 implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
1.32 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).
Our right to vary these terms and conditions
1.33 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
1.34 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 Dispatch Confirmation (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).
We may provide links on Our Site to the websites of other companies, whether affiliated with Us or not. We cannot give any undertaking that products you purchase from companies to whose website We have provided a link on Our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
Law and jurisdiction
Contracts for the purchase of Products through Our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.