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Terms & Conditions

Our Terms & Conditions were last updated on September 06, 2023.

Here’s where we put our legal caps on for a minute. As with all terms and conditions, these can get a bit technical and we’re sorry if they sound rather formal. However, they are pretty standard and designed to enhance your experience with James Newman Jewellery and make it as easy and secure as possible.

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These Terms & Conditions outline the rules and regulations for users of the James Newman Jewellery website and our Services including sales, bespoke work and consultations. By placing an order with us, using this website, submitting an enquiry or engaging James Newman Jewellery in any service you are agreeing to accept these terms and conditions.

Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access this website or engage James Newman Jewellery for any services.

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Our Website & Services Terms

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: United Kingdom
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to James Newman Limited, The Barn 173 Church Road, Northfield, Birmingham, England, B31 2LX.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to James Newman Jewellery, accessible from https://www.jamesnewmanjewellery.co.uk/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

Use of this Service

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Over 18

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Privacy Policy Acceptance

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.

Your Order Cancellation & Return Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions.

Your right to cancel or return an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel or return an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalised.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Pricing, Payments, Availability, Errors and Inaccuracies

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information or orders and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, manufacturing costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard or online payment methods (PayPal, for example). We do not accept American Express.

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

Intellectual Property

Content on this Website

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

Trademarks

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Third Party Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination & Limitations

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 GBP if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disclaimers

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Complaints & Disputes

If you have a Complaint

If you have a complaint about any service or goods supplied by James Newman Jewellery please contact us through email to info@jamesnewman.co.uk. Please provide your order date, goods ordered, relevant customer information and details of your complaint. All complaints will be responded to within 7 working days.

You must address any complaints to us and provide us with an opportunity to rectify the problem. If you are still unhappy with our handling of the complaint, alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please tell us and we will provide details of an alternative dispute resolution provider.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Governing Law

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Questions Regarding these Terms

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: info@jamesnewman.co.uk

Bespoke Projects Terms

1. About These Terms

What these Terms cover

1.1 Anything that we sell to you will be subject to these terms and conditions whether it is “Goods” or “Services”. This “Contract” shall be on the basis of these terms and conditions to the exclusion of all other terms and conditions.

Why you should read them

1.2 Please read these terms carefully before you agree to them. These terms tell you who we are, how we will work for you, how you and we may change or end the Contract, what to do if there is a problem and other important information.

“Consumer” Contract

1.3 If you are a “Consumer” (acting outside a trade, business, craft or profession) this Contract will be subject to the provisions of the Consumer Rights Act 2015. It contains important cancellation rights as set out in the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013. More Information about your rights can be found at Citizens Rights Bureau. These rights do not apply where you are acting as a “Trader” within the meaning of the Consumer Rights Act 2015.

What we mean by “Goods” and Services”

1.4 Our “Services” include all of the work that we carry out for you including any design work and preparatory steps as well as the manufacturing of any “Goods” we supply. “Goods” means all the jewellery, materials, products, drawings and all of the Intellectual Property Rights associated with the Goods and Services that we provide.

What we mean by our “Intellectual Property Rights”

1.5 Our “Intellectual Property Rights” means all patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks, service marks, business names and domain names, goodwill, rights in designs, rights in computer software, database rights, confidential information (including trade secrets and know-how) and all other intellectual and industrial property and similar rights, whether registered or unregistered, and including (a) all renewals or extensions of these rights and (b) all applications and rights to apply for and be granted these rights which subsist in any part of the world.

2. Information About Us and How To Contact Us

Who we are

2.1 We are a limited company – James Newman Limited. Registered number: 07111416 (Registered in England & Wales). Our details can be found on the Quotation documents. You will find our trading name, address, telephone and email address, and where applicable, our vat number. We may also use sub-contractors to carry out the Services. Registered business address: The Barn 173 Church Road, Northfield, Birmingham, England, B31 2LX.

How to contact us

2.2 You can contact us by using the telephone number that appears on the Quotation documentation in business hours, using the email address or by writing to us at the address that is set out. This is important because you may decide to cancel the Contract (subject to the conditions of clause 7.1 below). If you do decide this, you must inform us immediately and within 14 days of the purchase using these contact details. If you no longer have a copy of the Quotation documentation, please contact us and we will supply you with a copy. You may also contact us via our email address: info@jamesnewman.co.uk.

How we may contact you

2.3 If we have to contact you we will do so in person, by telephone or by writing to you at the email address or postal address you provided to us. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails but not faxes.

3. Our Contract with You

How you enter into this Contract

3.1 The Contract becomes binding when you place an order for either design work or for manufacturing of the Goods which we then accept. You may do this verbally or in writing. Our acceptance will occur when we inform you that we will be carrying out the Services or when you make a payment (whichever happens first). This document and the Quotation documentation contain the whole of the Contract. If you think that something has not been included, you must contact us immediately and within 2 calendar days of the transaction.

Design work

3.2 Where we are asked to provide design work, it will include Intellectual Property Rights as explained in clause 1.5 above. We are the sole owner of the Intellectual Property Rights and they are licensed to you on a non-exclusive basis solely for the purposes of your personal enjoyment of the Goods that we have supplied and for no other reason whatsoever. This means that you cannot copy or reproduce the designs or the Goods without our permission. If we have carried out any design Services, it will be to your special order and it will affect your rights to cancel the Goods and Services as set out in clause 7.1(b) below. Upon request, we may offer you an opportunity to enter into a separate agreement for an exclusive licence of our design work, which will vary your rights under this clause.

Services carried out up to the date of cancellation

3.3 In commissioning the work, you acknowledge that you are responsible for any Services carried out from the date of placing the order, even if you should later decide to cancel the Contract.

If we cannot accept your order

3.4 If we are unable to accept your order to carry out the Services or provide the Goods, we will inform you and will not charge you fees for any further work other than the Services which we have already carried out.

4. Our Goods and Services

Final Goods and Services may vary slightly

4.1 Our work is hand-made. If we have shown you pictures, samples, materials, prototypes, these are for illustrative purposes only and there may be a slight difference in the final appearance.

The appearance may change over time

4.2 In purchasing the Goods, you accept that precious metals and stones are natural materials and their use, everyday wear and cleaning or lack of affects their appearance or circumstances that are beyond our control.

Making sure your measurements are accurate

4.3 If we are designing Services or supplying Goods to measurements that you have given us, you are responsible for ensuring that these measurements are correct. In the event that work must be repeated as a result of inaccurate measurements, we have the right to make a further charge. We therefore recommend that we measure you at our studio.

5. Your Right to Make Changes

Changes that can be incorporated

5.1 If you wish to make a change to the Goods or Services that you have agreed to, please contact us as soon as possible and in any event within seven calendar days of placing an order. We will let you know if the change is possible. Any changes to your order must be agreed by us. If it is possible we will let you know about any changes to the price that may be required and ask you to confirm whether you wish to go ahead with the change.

Changes that cannot be incorporated

5.2 Where your requirements change so that we are unable to complete the design and manufacturing work, we are entitled to payment for work up to the point that we cease work, including to any deposits.

6. Our Right to Make Changes

Minor changes to the Goods or Services

6.1 We may make changes to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. For any other major changes, we will give you the option of terminating the Contract. The Services already carried out remain chargeable in accordance with clause 3.3.

Delivery

6.2 Delivery costs are chargeable dependant upon the value of goods and the service of delivery. Delivery cost will be quoted prior to shipment.

(a) For Goods (which do not require any Services) we will deliver them to you as soon as reasonably possible and in any event within the time specified to you when we accept your order.


(b) For Services (including any ancillary Goods) we will begin the Services on the date agreed with you. The completion date for the Services is as told to you but maybe subject to reasonable change.

We are not responsible for delays outside our control

6.3 If there is a delay 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 Goods that you have paid for but not received. The Services already carried out remain chargeable in accordance with clause 3.3.

If you do not take delivery or allow us to carry out the work or provide correct information

6.4 We will contact you for further instructions and may charge you additional costs. If we are unable to gain access, we will terminate the Contract and clause 8.2 will apply. If you do not give us required information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or charge an additional amount. If you abandon the contract by failing to reply to our requests for your requirements after 12 months of the first request, we may keep the Goods and terminate the agreement with you.

We may suspend supply of Goods and Services if you do not pay

6.6 If you do not pay us when you are supposed to (see clause 10.2) and you still do not make payment within 7 calendar days of us reminding you that payment is due, we may suspend work and we can also charge you interest on your overdue payments (see clause 10.3).

7. Your Rights to Cancel the Contract

If you are a Consumer

7.1 If you are a Consumer, you may cancel the Contract if you change your mind but only provided that the following conditions are met:


(a) The Contract was entered into by telephone, email, website, fax or post or at your home address or by any other means than by attending our place of work in person;


(b) The Goods are not subject to a special order for your individual requirements, sizing or cannot be returned in its original state;


(c) Notice of cancellation is received by us within 14 calendar days from the date of delivery of Goods. In the case of Services notice of cancellation must be given within 14 days of entering into the Contract but is affected by clause 7.2 below; and


(d) The notice of cancellation is received by us in writing and includes a clear statement about cancellation. You may use the attached Model Cancellation Form at the end of these terms and return it to us by email, post or in person.


(e) If you change your mind you must return the Goods to us at your own expense. Please contact us to arrange this.


(f) This guarantee is only offered to Consumers resident in the UK, and the territory of European Union States.

Payment for Services which we have already begun

7.2 Unless you ask us to wait until the end of the 14 day cancellation period, we will assume that pursuant to clause 3.3 above, you have asked us to begin the Services as soon as the Contract is entered into. If you decide to cancel under clause 7.1 above, you must pay an amount which is in proportion to any work that we have performed until we receive the notice of the cancellation.

Refunds

7.3 If you cancel the Contract under the terms of this clause 7.1 and provided that the Goods and any packaging are in their original state, we will refund the price paid. We may make a deduction if the Goods are not re-saleable in the state that they are returned. We will refund the balance of the price for any Services that we have not performed at the time we receive the notice. We will provide the refund using the same means of payment as you used for the initial transaction.

Your legal Rights are unaffected

7.4 The right to cancel the Contract is in addition to, and does not affect, your statutory rights and remedies under the Consumer Rights Acts 2015. If you are dissatisfied with the Goods or Services, more information about your legal rights is available from a local Citizens' Advice Bureau or Trading Standards office.

8. Our Rights to End the Contract

We may end the Contract if you break it

8.1 We may end the Contract at any time by writing to you if:


(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;


(b) you do not, within a 14 calendar days of us asking for it, provide us with information that is necessary for us to provide the Services or Goods;


(c) you do not, within a calendar month, allow us to deliver the Goods to you or collect them from us; or


(d) you do not, within a calendar month, allow us access to your premises to supply the Services;

You must compensate us if you break the Contract

8.2 If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Goods that we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the Contract, including any deposits for special orders.

9. If there is a Problem with the Product

How to tell us about problems

9.1 If you have any questions or complaints about the Goods or Services, please contact us. Our details are found on the Quotation documentation. Or you can email us at info@jamesnewman.co.uk.

Your legal rights

9.2 We are under a legal duty to supply Goods and Services that are in conformity with this Contract. Nothing in these terms will affect your legal rights. More information is available from a local Citizens' Advice Bureau or Trading Standards office.

10. Price and Payment

Design Deposit

10.1 We may charge a non-refundable deposit for preparatory work which must be paid in advance of bespoke work.

The price for the product

10.2 The price of the Goods and Services (which includes VAT) will be the price set out in our Quotation documentation. If the rate of VAT changes between your order date and the date we begin the Contract, we will adjust the rate of VAT you must pay.

When you must pay and how you must pay

10.3 You must make an advance payment for any special order Goods and any before we start providing them. This will be set out on the Quotation documentation or by agreement. We will invoice you for the price including the advance payment and you must pay each invoice immediately upon the due date in accordance with the Quotation documentation.

We can charge interest if you pay late

10.4 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.

Our online store is hosted on Shopify Inc

10.5 They provide us with the online e-commerce platform that allows us to sell our Goods and Services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

11. Our Responsibility for Loss or Damage

We are not responsible to you for all loss and damage

11.1 We are not responsible for any loss or damage that:


(a) is not foreseeable or not discussed beforehand;


(b) is caused by you or someone acting on your behalf;


(c) is caused by your failure to follow our instructions, including returning the Goods to us for re-polishing and advised aftercare and maintenance;


(d) is caused by another service provider or supplier or by their goods;


(e) has occurred because of a failure to take our advice or follow our instructions or warnings;


(f) is a pre-existing fault or damage in Goods which have been provided by yourself or another supplier;


(g) has been caused by fair wear and tear (including as set out as clause 4.2 above);


(h) occurs after 6 years from the date of the contract (subject to a hidden defect).

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

11.2 This means our 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 Goods or Services (including the Consumer Rights Act 2015 or the Consumer Protection Act 1987).11.3 We are not liable for business losses. We only supply the products to Consumers 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.

Other Terms Included in this Contract

How we may use Your Personal Information

How we will use your personal information

We will use the personal information you provide to us to supply the Goods and Services to you. By entering into this Contract, you provided your consent to this. Your information may be used to contact you in the future. We will not sell on or share your personal information.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at james@jamesnewman.co.uk or mailing us at: James Newman Jewellery,49 Vyse Street Birmingham GB B18 6HF

Privacy Policy

Introductory Offers

We reserve the right to cancel this offer

We may refuse to accept orders using this offer at our discretion.

This discount cannot be used towards a bespoke project

Any introductory offer cannot be used against bespoke commissions or in conjunction with other promotions.

The discount must be applied at the point of purchase online or in store and cannot be redeemed retrospectively

The offer is valid for 30 days only since time of subscription.

Other important terms

We may transfer this agreement to someone else

We may transfer our rights and obligations under this Contract to another organisation. If you are unhappy with the transfer you may contact us to end the Contract and we will refund you any payments you have made in advance for Goods and Services not yet provided.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under this Contract to another person if we agree to this in writing.

Nobody else has any rights under this Contract (except someone you pass your guarantee on to)

This Contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contracts Rights of Third Parties Act 1999.

If a court finds part of this Contract illegal, the rest will continue in force

Each of the paragraphs of this Contract 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.

Even if we delay in enforcing this Contract, we can still enforce it later

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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Which laws apply to this Contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the Goods and Services in the English courts.

Complaints

You must address any complaints to us and provide us with an opportunity to rectify the problem. If you are still unhappy with our handling of the complaint, alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please tell us and we will provide details of an alternative dispute resolution provider.

Data Protection Annex

Data Protection Annex

(i) In this Annex , "Data Protection Legislation" means the EU General Data Protection Regulation 2016/679, together with all other applicable legislation (including the Data Protection Act 2018) relating to privacy or data protection including any statute or statutory provision which amends, extends, consolidates or replaces the same. The terms “personal data”, “data subject”, “controller", “processor” and “process” (and its derivatives) shall have the meanings given to them in the Data Protection Legislation.
(ii) Each party shall comply with its obligations under Data Protection Legislation in respect of personal data processed by it in connection with the Contract and the Services ("Personal Data").

As Data Controller

(i) Each of the Client and James Newman Limited shall be considered to be a controller in respect of Personal Data disclosed to James Newman Limited by or on behalf of the Client and processed in connection with the Contract and the Services and each of the Client and James Newman Limited shall comply with its obligations as a controller under the Data Protection Legislation in respect of Personal Data processed by it in connection with the Contract and the Services.
(ii) The Client acknowledges that James Newman Limited may process Personal Data as a controller for the purpose of, or in connection with those services and work (i) applicable legal, professional or regulatory requirements; (ii) requests and communications from competent authorities; and (iii) administrative, financial accounting, analysis, client relationship, and other reasonable business purposes (together, the “Purposes”).

The Client shall provide any necessary permission, provide any necessary notice and do all such other things as are required under the Data Protection Legislation in order for it to disclose Personal Data to James Newman Limited for the purposes of any relevant services or work.


James Newman Limited shall process the Personal Data as reasonably required for the services and work and may disclose Personal Data to any third parties including its subcontractors, regulators and any party based in any jurisdiction including a jurisdiction outside the European Economic Area provided that such disclosure is reasonably required in connection with the services or work and is at all times in compliance with applicable Data Protection Legislation.

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