Orchard Twist Terms and Conditionse

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Terms and Conditions

The buyer’s attention is drawn in particular to the provisions of clause 12.

1 ORDERING

1.1 You must be over 18 to order from us.

1.2 We supply pieces to the UK only.

1.3 Our quotation will be valid for 30 days from the date shown on the quotation.

1.4 Each order or acceptance of quotation for jewellery pieces shall be deemed to be an offer and by signing our quotation to confirm your order, you will be confirming your acceptance of our Terms and Conditions.

1.5 Your order will not be accepted until we receive your signed quotation, accepting our terms and conditions, your cheque for the full amount, and we have sourced all the materials for your order. We will then send you a written acknowledgment of your order and order number by e-mail or letter, which will create a legally binding contract between us.

1.6 By placing an order you agree to be bound by our Terms and Conditions.

1.7 We reserve the right to change our Terms and Conditions without prior notice.

1.8 You agree to supply us with all the correct details necessary for us to process your order, and to have sufficient funds to cover the cost of the pieces that you are ordering, including postage and packing. Jewellery pieces will be despatched to the address that the quotation was sent to – if this is to be different, we will require this in writing.

2 PRICE

2.1 The price for the jewellery pieces shall be the price set out in our quotation to you.

2.2 The price for the jewellery shall be exclusive of Value Added tax and any costs or charges in relation to packing, posting, delivery or insurance, all of which you shall pay in addition when payment is due for the jewellery pieces.

3 PAYMENT

3.1 We trade in Pounds Sterling only.

3.2 Full payment must be made at the time you accept our quotation or place your order.

3.3 Time for payment shall be of the essence.

3.4 All payments are to be made by cheque, payable to ‘S Appleton’. Please write your name, address and quotation number on the back of your cheque.

3.5 No payment is deemed to have occurred until we have received cleared funds.

3.6 Each of our jewellery pieces is handcrafted to your particular specifications. Materials will not be sourced until we have received your cheque for the full amount, including postage and packing.

3.7 We will not cash your cheque until we have been able to source all the materials for your jewellery piece(s). If there is a problem in sourcing any materials, we will contact you and discuss the situation before proceeding.

3.8 Items will not be despatched, under any circumstances, until full payment has been received in cleared funds.

3.9 If any payments are returned to us as unpaid, and your order has not been despatched, we reserve the right not to despatch your order until a replacement cheque has been received and cleared in our bank account.

3.10 Any returned payments will be subject to an administration fee, currently £20.00.

3.11 If any payments are returned to us after your order is despatched, we will write to you and request a replacement cheque or the return of your order.

3.12 If you fail to make payment, or return the goods, we may consider legal action.

3.13 Jewellery pieces remain the property of Orchard Twist until they have been paid for in full.

3.14 Legal title in the jewellery pieces passes to you once the Returns Period of 7 working days has expired (for these purposes, ‘working days’ are defined as Monday to Friday) and once we have received cleared funds in respect of all sums due to us. It will then be deemed that you have accepted the pieces.

4 DELIVERY

4.1 We do not hold stock items, as pieces are handcrafted to order. Therefore, we estimate 4-6 weeks between placing your order, to you receiving your jewellery pieces. This period is given as an estimate only and is subject to revision. Any dates given by us for delivery of the jewellery pieces are intended to be an estimate only and time for delivery shall not be made of the essence by notice.

4.2 Subject to the other provisions of these conditions we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, costs, damages or expenses) caused directly or indirectly by any delay in delivery of the jewellery pieces (even if caused by our negligence) nor shall any delay entitle you to terminate the contract unless such delay exceeds 30 days.

4.3 We usually send the items to you by Royal Mail Special Delivery service. This should ensure delivery by 1pm the following working day (please note that a signature is required on delivery).

4.4 If you have supplied an e-mail address, we shall e-mail you on despatch with the Royal Mail parcel number, so that you can track your order.

4.5 We will not be liable for any damage, loss or late delivery once your jewellery pieces are in the post.

4.6 £500 can be claimed for lost or damaged items through Royal Mail, subject to Royal Mail terms and conditions. If a higher than standard compensation limit is required (dependant on the value of your order) this will be indicated at the time of your quotation.

4.7 Please note that if the Delivery Service eg Royal Mail, does not recognise your address, then compensation cannot be claimed for ‘delay or lost package’.

4.8 If a package cannot be delivered (for example there is no-one to sign for it) risk in the jewellery pieces shall pass to you and the jewellery shall be deemed to have been delivered. If the jewellery is returned to us, we will make contact with you. If the package has to be resent, you will be responsible for the extra postage costs and these must be paid in full by you before we re-send the jewellery to you.

5 GOODS DAMAGED OR LOST IN TRANSIT

5.1 We make every effort to pack your jewellery pieces securely to ensure that they are not damaged in transit. Earrings, bracelets and necklaces are all supplied in their own storage cases. Other items, eg tiaras, are wrapped in acid-free tissue paper, and packed in a special box. These are then packed in a postal box with additional packaging to prevent damage in transit.

5.2 Please use your discretion when accepting the package. There would need to be significant damage to the postal box before the jewellery piece(s) would be damaged. You should either reject the package, or when signing for the package, note that the ‘package appears damaged’.

5.3 If a parcel has been damaged, please retain the packaging, as Royal Mail may require it in the event of a claim. If this is the case, we will have to wait for the Royal Mail to settle the claim before arranging a replacement or a refund. Please remember that we will need to re-source the materials for any replacement.

5.4 We shall not be liable for any non-delivery of jewellery pieces unless you give written notice to us of the non-delivery within 5 days of the date when the jewellery items would in the ordinary course of events have been received.

5.5 Any liability of us for non-delivery of the jewellery pieces shall be limited to replacing the items within a reasonable time.

6 QUALITY

6.1 We will endeavour to use reasonable care and skill in production and supply of jewellery pieces, and craft them so they will be of satisfactory quality and fit for purpose.

6.2 We shall not be liable for breach of any of the warranties in clause 6.1 unless:

6.2.1 You give notice of the defect to us within 5 days of discovering the defect; and

6.2.2 We are given reasonable opportunity to examine the jewellery pieces.

6.3 We shall not be liable for breach of the warranties in clause 6.1 if you have altered or repaired the jewellery items without our consent.

6.4 If the items do not conform with the warranties in clause 6.1 we shall at our option repair or replace such items (or the defective part) or refund the price of such items provided that if we so request you will return the defective items to us.

6.5 If we comply with clause 6.4 we shall have no further liability for a breach of the warranties in clause 6.1.

7 RETURNS POLICY

7.1 Please do not return any jewellery pieces without first speaking to us.

7.2 Please note that for hygiene reasons earrings are excluded from our returns policy.

7.3 At Orchard Twist we believe that as you work with us on a personal level to produce your jewellery piece(s), you will love the final result. As pieces are bespoke and made to your specifications we have no requirement to offer a refund under the Distance Selling Regulations, should you decide to return the goods. However, we want you to be delighted with your jewellery and if for some reason you aren’t happy with it, or it’s not what you expected, then we may offer a full refund on the cost of the piece(s).

7.4 Please check all jewellery pieces thoroughly on receipt.

7.5 All wire ends are rounded and checked for sharp edges before despatch. However, as all jewellery pieces are handcrafted from wire, there may occasionally be a sharp edge. If you have any concerns, please contact us.

7.6 Pieces that are faulty or defective can be returned to us for replacement, rectification or a full refund.

7.7 If we have supplied incorrect pieces or pieces that are different to the quotation, they should be returned to us. We will then supply the correct piece or offer a full refund.

7.8 If you wish to return any piece(s), then you must follow the procedure set out below:

7.8.1 You must call us within 48 hours of receipt advising us of the reason for the return. You must then confirm this in writing (letter or e-mail) and the pieces should then be returned to us within 7 working days in a new/unused state with the original packaging. Please include your name, address, e-mail (if applicable), order number and reason for return.

7.8.2 We cannot replace or make a refund on any pieces that we do not receive.

7.8.3 We strongly advise that you return the piece(s) to us using Royal Mail Special Delivery or an equivalent service.

7.8.4 Proof of posting will not be accepted as proof of delivery.

7.8.5 Postage is excluded from all refunds unless the piece is faulty or defective, or we have supplied an incorrect piece or a piece is not as specified in the quotation.

7.9 If we do not hear from you within 7 working days of receipt, we will assume that you have accepted the piece(s) and we shall have no subsequent liability to you.

7.10 We shall have no liability to you under our returns policy unless this procedure has been followed.

8 CANCELLATION

8.1 You may cancel your order within 7 working days of placing it – please call us, and then confirm in writing (letter or e-mail). If your order has already been despatched, it will need to be returned under our returns policy at your expense.

8.2 We reserve the right to cancel your order at any time before your jewellery piece(s) have been despatched, and will notify you in writing or by e-mail and also refund all monies that you have paid us. We shall not be liable for any loss or damage resulting from this.

9 COMPLAINTS

9.1 We shall endeavour to reply to any complaints within 5 working days. If you have a complaint, please write to us or e-mail.

10 MISCELLANEOUS

10.1 We cannot accept any visitors, as we are a mail order business.

10.2 As many people now have an allergy to nickel, we have made the decision to use Sterling Silver and 14 carat Rolled Gold wire, which do not contain nickel. If we have any reason to believe that a piece may contain nickel, we will clearly state this in the product description.

10.3 Our jewellery pieces are all intended for light, ie normal wear. In view of the construction and nature of the pieces, they will not withstand violent use. We cannot accept return of pieces due to eg snapped or broken links as this indicates misuse of the piece. We do not accept liability for any injury caused by such misuse.

10.4 As we use natural stones/pearls, there will be slight variations in shape, colour etc. We cannot guarantee that a stone will not discolour over time.

10.5 Due to the handcrafted nature of the pieces, there will be slight variations.

10.6 In view of the nature of wire jewellery, care should be taken with certain garments, particularly woollen, to prevent snagging.

10.7 All sizes and measurements are approximate, although we try to be as accurate as possible.

10.8 Our jewellery pieces are not toys, and therefore not intended to be used in play by children under 14 years of age.

11 COPYRIGHT

11.1 The contents of our website and any publicity materials, including the design, graphics, images, text etc, are protected.

12 LIMITATION OF LIABILITY

12.1 Subject to clauses 4.2, 6.5, 7.9 and 7.10 the following provisions set out our entire financial liability in respect of:

12.1.1 Any breach of these conditions;

12.1.2 Any use made or resale by you of any of the jewellery pieces, or of any product incorporating any of the jewellery pieces; and

12.1.3 Any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.

12.2 Nothing in these conditions excludes or limits our liability:

12.2.1 For death or personal injury caused by negligence; or

12.2.2 For breach of statutorily implied conditions under section 13,14, and 15 of the Sale of Goods Act 1979.

12.2.3 Under section 2(3), Consumer Protection Act 1987; or

12.2.4 For any matter which it would be illegal for us to exclude or attempt to exclude our liability; or

12.2.5 For fraud or fraudulent misrepresentation.

12.3 Subject to clause 12.2:

12.3.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and

12.3.2 We shall not be liable to you for any loss whatsoever in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.

13 FORCE MAJEURE

13.1 We reserve the right to defer the date of delivery or to cancel the contract or reduce the number of jewellery pieces ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of sixty days, you shall be entitled to give notice in writing to us to terminate the contract.

14 CONTRACTS (RIGHTS OF THIRD PARTIES)

14.1 The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.

15 SEVERANCE

15.1 If any provision of these terms and conditions is found to be wholly or partly illegal, void, invalid or unenforceable then such provision will be deemed severable and the remaining provisions of these terms and conditions shall continue in full force and effect.

16 WAIVER

16.1 No waiver on our behalf of any breach of contract that you may commit shall be considered as a waiver of any subsequent breach of the same or any other provision of the contract.

17 JURISDICTION

17.1 The contract shall be governed by English Law and the parties shall submit to the exclusive jurisdiction of the English Courts.

None of the above terms and conditions affect your statutory rights as a consumer.



	Orchard Twist, PO Box 9099 Colchester CO1 9EP Tel 08450-945-595 © Copyright 2012 Orchard Twist. enquiries@orchardtwist.co.uk