Terms & Conditions
1. Introduction
1.1 These terms & conditions set out the terms between Bingley Jewellery and you as the customer and website visitor.
1.2 By using our website, you are agreeing to comply with our terms and conditions in full. If you do not accept our terms and conditions, please do not use the Bingley Jewellery website.
2. Customer Information
2.1 When you provide us with contact information, please take care to check it is correct before paying for a product or service or creating a customer account.
2.2 Our website is not intended for use by under-18s. We only accept online purchases from adults.
2.3 We reserve the right to restrict or remove your access to this website if you are found to have breached our terms and conditions. If we feel it is necessary to restrict or remove your access, we can do so without recourse or explanation.
3. Privacy
At Bingley Jewellery, we respect the privacy of our customers and will treat all personal details with care.. We are registered under and comply with the Data Protection Act 1998.
4. Product Pricing and Title
4.1 Bingley Jewellery endeavours to make sure all the prices on our website are correct. However, occasionally errors do occur. If there is a mistake with pricing, we reserve the right to either cancel your order or contact you to inform you of the correct price and arrange either a refund or an additional payment. An order can be cancelled or changed by us at any point up until the item(s) are dispatched.
4.2 We reserve the right to change the prices of our products without notice.
4.3 When you order products from Bingley Jewellery, title in those products does not pass to you as the purchaser until we have processed a valid payment and received the money into our bank account and shipped your order to you.
5. Your Order
5.1 We will automatically send you a confirmation email from us when you place an order with Bingley Jewellery. Your order constitutes an offer made to us to purchase the specified goods.
5.2 We have only accepted your offer to purchase our products once we have emailed you to confirm that your order has been dispatched.
5.3 Any products not detailed in the dispatch email are not included in the order and contract between Bingley Jewellery and you as the purchaser.
5.4 If we suspect fraud for any reason or we receive incomplete or inaccurate personal or payment information, we reserve the right to refuse your order or delay processing it until we can verify your details.
5.5 If we are unable to verify your personal or payment details or resolve the issues we have with your order, we will refund any money which was taken as part of the order before cancelling it. The refund will only be made to the card used at the time of purchase and not to any other account, card or third party.
6. Shipping and Customs Duty
6.1 All our products are shipped subject to availability.
6.2 If we do not have the product you ordered in stock then we reserve the right to dispatch it at a later date – up to 30 days after the purchase was made.
6.3 We accept no responsibility for disruption to shipping caused by circumstances beyond our control, for example, strike action.
7. Cancellation Rights, Returns and Refunds
7.1 As the purchaser, you have the right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000. To cancel your purchase and return your goods, you must notify us of your intention within seven days of receiving your items and request a returns number.
7.2 You can notify us of your intention to return a product and request a returns number by calling 01274 562 801 or emailing info@bingleyjewellery.co.uk. Please let us know the reason for wanting to return the product when you notify us.
7.3 If you have used your product, you lose the right to cancel your order, return the product and receive a refund. However, you are still able to return the product if it is faulty or defective.
7.4 Custom-made items or pieces which have been engraved, personalised or resized cannot be returned for a refund unless they are defective.
7.5 Goods which arrive in sealed or shrink-wrapped packaging must be returned in their original condition. If the packaging is removed, the items can only be returned if they are faulty or defective.
7.6 You have no right to return products if they are personal in nature or there may be issues concerning hygiene. However, this does not affect your rights to a refund if the item is defective. Only faulty products can be returned without their original packaging and they must be properly packed in alternative materials to protect them while they are in transit.
7.7 When you return a product to Bingley Jewellery, you agree to take responsibility for any postage costs.
7.8 When returning a product to us, we recommend that they are sent by Special Delivery for your own protection. We cannot accept any responsibility for any items which are lost or stolen while they are being sent back to us and we will not issue a refund in those circumstances. Instead, you should seek compensation from the company which was responsible for the shipping.
7.9 If you do not return a product to us as agreed, we may make alternative arrangements to collect the item from your address. However, we will bill you for the cost of this collection.
7.10 When a product is returned to us in accordance to our terms and conditions, we will issue a refund within 30 days of receiving notification of your intention to return your purchase.
7.11 If you are returning a defective item or goods we have sent to you in error, we will refund the cost of returning the product using either standard or recorded delivery. However, we will not refund the cost of using a courier service or an express postal service like Royal Mail Special Delivery.
8. Customer Complaints
We hope you never have reason to make a complaint, but if you do we will aim to respond to you within five working days.
9. Faulty Products
If a product you have purchased from us has a fault, you can return it to us following the procedure detailed above.
10. Events beyond our control
We accept no liability if we are unable to meet any obligations due to an event which is beyond our control. This includes but is not limited to industrial action, acts of civil disorder, extreme weather and acts of God.
11. Use of our website
11.1 When you visit our website, we grant you a licence which allows you to access the content, information and services on the site for personal use only.
11.2 This licence gives you permission to download and cache individual pages from our website using your browser.
11.3 You must not download and modify individual pages or substantial parts of our website or make our website available via an intranet unless we have given you specific written permission.
11.4 As a user of our website, you must not copy, alter or manipulate our website design, layout, content or text without securing written permission from Bingley Jewellery. You must also not place our website within the frame-set of another site.
11.5 Unless you are an affiliate partner, you must not include a hyperlink to any pages of our website apart from the homepage without our permission. If you include a link to our homepage on your site, the content of the link must not be in any way offensive or misleading.
12. Copyright
12.1 Bingley Jewellery owns the copyright of all the content on our website, including images, texts and designs unless otherwise stated.
12.2 The use of our website for data mining or to extract information is not allowed without our written permission.
13. User-generated Content
13.1 Where the facility exists, you may provide user-generated content including reviews or public feedback on the purchases you have made. This content can be provided in a range of formats including text, photographs, audio and video.
13.2 When you provide user-generated content to Bingley Jewellery, you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
13.3 Any content you supply to us must not infringe the intellectual property rights of any other party or break any laws. We take no responsibility for the contents of any user-generated content and we are under no obligation to monitor it.
13.4 We reserve the right to remove any content, if we feel it breaches our terms and conditions in any way.
13.5 Any complaints concerning user-generated content on our website should be directed to Bingley Jewellery using our contact details.
14. Limitations and Exclusions of Liability
14.1 Where information and content is provided on the Bingley Jewellery website without charge we exclude all liability for such content and information.
14.2 All business losses (including, but not limited to) loss of income, revenue, goodwill and commercial opportunities are all excluded. All other losses which could not have been reasonably foreseen at the time of the contract are also excluded. This includes losses relating to the loss or corruption of software, hardware and IT systems.
14.3 These terms and conditions do not exclude or limit liability for:
a) death or personal injury caused by you or us.
b) fraud or fraudulent misrepresentation caused by you or us.
14.4 These terms and conditions do not exclude or limit liability in circumstances where this conflicts with the law.
15. Indemnity
When you use the Bingley Jewellery website, you indemnify us both now and in the future against all possible claims relating to any breach of these terms and conditions committed by you. Such indemnities include any legal costs, expenses or settlements which may arise from your decision to breach these terms and conditions in any way.
16. Variation
Bingley Jewellery reserves the right to change these terms and conditions at any time without having to give any prior notice. Any alterations to our terms and conditions will apply from the moment they are published on our website.
17. Assignment
We reserve the right to transfer our rights and obligations to another party without giving you notice. This assignment will not affect your rights in any way.
18. Severability
Each clause in these terms and conditions are independent from each other. If any part is found to be invalid it will not affect other paragraphs or clauses in the terms and conditions.
19. Waiver
If we fail to enforce any accrued rights under these terms and conditions, this does not mean we are waiving these rights unless we acknowledge the waiver in writing.
20. Third Parties
These terms and conditions are strictly between Bingley Jewellery and you as a customer and user of our website. They do not apply to any third party.
21. Entire Terms & Conditions
These terms and conditions detail the entire agreement and understanding between you as a customer and Bingley Jewellery.
22. Your Statutory Rights
These terms and conditions do not affect your statutory rights as a consumer.
23. Jurisdiction
These terms and conditions shall be interpreted, construed and enforced in accordance with the law of England and shall be subject to the exclusive jurisdiction of the English Courts.
