1. Definitions
In these Terms and Conditions the following words shall have attributed to them the meanings specified.
1.1 Goods shall mean all goods and services which the Customer agrees to buy from RosellePearls including replacements for defective goods.
1.2 Contract shall mean the Contract between Roselle Pearls and the Customer for the sale of Goods by Roselle Pearls to the Customer.
1.3 Customer shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer, Trade Customer or Credit Customer.
1.4 Consumer shall have the same meaning as attributed by the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
1.5 Working Days shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
1.6 Customer Registered Address shall mean the address of the Customer that is already registered with Roselle Pearls or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
1.7 Catalogue shall mean any published promotional material (including the website www.rosellepearls.co.uk ) produced by Roselle Pearls.
2. General
2.1 All orders for Goods are accepted by Roselle Pearls subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Roselle Pearls and the Customer for the sale of Goods.
2.2 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are intended as guidance only and illustrations and descriptions may vary. Roselle Pearls will use its best endeavours to ensure that all descriptions and advice offered are correct, but it is the Customer’s own responsibility to ensure that the requirements and expectations and use of the product in the way intended by the Customer are clear and correctly stated as this is relevant to the information then offered by Roselle Pearls on Roselle Pearls products.
3. Prices
3.1 All prices for the Goods are in pounds sterling and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Roselle Pearls.
3.2 Whilst every endeavour will be made to maintain the prices in the Catalogue Roselle Pearls reserves the right to alter prices at any time.
3.3 Any change in price will be communicated to the Customer at the time of ordering.
4. Order Processing
4.1 Written confirmation is not required for a telephone order, but if the Customer sends written confirmation such confirmation must be marked – Confirmation Only so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the customer.
4.2 Orders submitted by fax or post should use one of Roselle Pearls official order forms.
4.3 RosellePearls reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are charged when Goods are ordered.
4.4 Internet Orders (using the shopping cart)
Shop online:
http://www.rosellepearls.co.uk
Email: info
@rosellepearls.co.uk
The automatic confirmation email will be sent to the Customer’s email address. If the email is not received, it is likely that the email address has been entered incorrectly. Roselle Pearls will still receive and process Customer’s order but may not be able to communicate with the Customer.
4.5 Mail Orders, the confirmation of order will be sent to the email address provided in the order form.
4.6 All Orders, Roselle Pearls will notify you by email when your order has been shipped.
5. Return Policy
5.1 If for any reason the Customer is not satisfied with Roselle Pearls’ Goods, please firstly send an email to i
nfo@rosellepearls.co.uk
for return instructions and return authorization code. This code must be used in all communications to return the Goods. To return the Goods, the Customer must contact Roselle Pearls within 30 days of the date that the order was placed. The Customer shall be liable for the postage costs to return the Goods to Roselle Pearls, Goods must be returned by first class post with proof of posting. The Customer must take reasonable care of the Goods and return them in the original RosellePearls packaging and suitably protected to ensure safe delivery to Roselle Pearls.
5.2 RosellePearls reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, RosellePearls may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by RosellePearls of an order. In the event that RosellePearls declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
6. Postage and Packing Charge
6.1 UK deliveries are sent by Royal Mail 1st class recorded mail or by Royal Mail Special Delivery (for purchase value exceed GBP100.0 only).
6.2 Europe and other destinations are sent by Airsure or International Signed For. European deliveries normally arrive within 7 working days from dispatch.
6.3 RosellePearls provides free UK shipping.
6.4 For overseas deliveries, £7.50 will be added onto our order value for expedited airmail delivery and insurance.
6.5 Delivery will normally only be made to the Customers registered address unless notified to Roselle Pearls in writing beforehand.
7. Payments
7.1 Payments shall be made by the Customer for all monies owned to RosellePearls in respect of orders placed for Goods.
7.2 Payment shall be made at the time that the order is placed. Payment shall be made by, and is acceptable by, cash, cheque or major credit and debit cards: (Switch, Solo, MasterCard, Visa and American Express). Cheques and Postal Orders must be made payable to “Roselle Pearls Limited” and crossed “payee only”.
8. Ownership and Risk
8.1 The risk of damage to or loss of Goods ordered from RosellePearls will pass to the Customer when the goods are delivered.
9. Transit Delays and Non Delivery
9.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from our website and shall within 14 days of such delivery or receipt give notice to the Roselle Pearls of any damage or defect in the Goods.
9.2 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to Roselle Pearls within 14 days of invoice date and the invoice number must be quoted.
9.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any damage or defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.
9.4 Should the Customer decide to accept a delivery to them in a damaged condition they must endorse the carriers delivery documentation.
9.5 Roselle Pearls shall not be liable to compensate the Customer by way of damage or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.
9.6 Conditions 9.1- 9.5 inclusive do not affect the statutory rights of a consumer.
10. General Descriptive Matter
10.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the Catalogue or any price list or advertising material or otherwise communicated to the Customer are intended merely to present general information of the Goods. Descriptions and illustrations may vary.
10.2 In the event of any material change to any description of Goods since the date of publication of the last Catalogue by Roselle Pearls, Roselle Pearls will advise the Customer of the revised description prior to any order being accepted by Roselle Pearls.
10.3 Roselle Pearls reserves the right without prior notice to discontinue any Goods or to make changes as part of a continuous programme of improvement or to assist availability.
11. Certificate of Authenticity
11.1 Roselle Pearls certifies that the pearls the Customer has purchased are authentic cultured pearls, having been grown in actual living oysters from China or Japan.
11.2 The genuine pearls have been professionally hand picked for matching colour, size and lustre by expert pearl sorters.
11.3 The piece of jewellery that the Customer has purchased has been crafted according to recognized industry standards.
12. Copyrights, Patents, Intellectual Property & Information
12.1 Goods referred to in any Roselle Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright or other right of a third party. Roselle Pearls owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part of in whole, is prohibited without the prior written consent of Roselle Pearls. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Roselle Pearls and will not pass to the Customer.
12.2 Where any designs or specifications have been supplied by the Customer for manufacture of Goods by Roselle Pearls the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Roselle Pearls against all cost claims and demands of whatsoever nature arising out of the use of such designs or specifications.
13. Data Protection
13.1 By placing an order with Roselle Pearls the Customer agrees to data relating to the transaction being retained and processed by Roselle Pearls in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Roselle Pearls for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
13.2 Roselle Pearls may send to the Customer details of other Goods and services offered by Roselle Pearls that Roselle Pearls may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Roselle Pearls either in writing to registered address or by email at
service@rosellepearls.co.uk
requesting that data be removed from the marketing database.
14. Limitation of Liability
14.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to Roselle Pearls.
14.2 To the extent permitted by Roselle Pearls accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors information or advice provided whether or not due to Roselle Pearls’ negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
14.3 The entire liability of Roselle Pearls under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
15. Force Majeure
15.1 Roselle Pearls shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Roselle Pearls shall be entitled to a reasonable extension of its obligations.
16. Severance
16.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17. Changes to Terms and Conditions
17.1 Roselle Pearls shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.
18. Law
All Contracts between Roselle Pearls and the Customer shall be governed by and interpreted in accordance with English Law and both Roselle Pearls and the Customer submit to the exclusive jurisdiction of any competent Court in England.
Roselle Pearls Limited
August 2007
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