T&C's

TERMS AND CONDITIONS | JAMES NEWMAN JEWELLERY

1. These terms

1.1 What these terms cover. 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.
1.2 Why you should read them. 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.
1.3 “Consumer” Contract. 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.
1.4 What we mean by “Goods” and Services”. 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. 

1.5 What we mean by our “Intellectual Property Rights”. 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

2.1 Who we are. 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.

2.2 How to contact us. 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. 

2.3 How we may contact you. 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.
2.4 "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

3.1 How you enter into this Contract. 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.
3.2 Design work. 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.
3.3 Services carried out up to the date of cancellation. 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.
3.4 If we cannot accept your order. 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

4.1 Final Goods and Services may vary slightly. 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.
4.2 The appearance may change over time. 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.
4.3 Making sure your measurements are accurate. 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

5.1 Changes that can be incorporated. 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.
5.2 Changes that cannot be incorporated. 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

6.1 Minor changes to the Goods or Services. 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.
6.2 Delivery. 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.
6.3 We are not responsible for delays outside our control. 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.
6.4 If you do not take delivery or allow us to carry out the work or provide correct information. 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.
6.5 When you become responsible for the Goods. Any Goods will be your responsibility from when you collect the good from our store or the time we deliver it to the address you gave us. You own the Goods only once we have received payment in full under the Contract.
6.6 We may suspend supply of Goods and Services if you do not pay. 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

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.
7.2 Payment for Services which we have already begun. 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.
7.3 Refund. 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.
7.4 Your legal Rights are unaffected. 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

8.1 We may end the Contract if you break it. 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;
8.2 You must compensate us if you break the Contract. 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

9.1 How to tell us about problems. If you have any questions or complaints about the Goods or Services, please contact us. Our details are found on the Quotation documentation.
9.2 Your legal rights. 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

10.1 Design Deposit. We may charge a non-refundable deposit for preparatory work which must be paid in advance of bespoke work.
10.2 The price for the product. 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.
10.3 When you must pay and how you must pay. 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.
10.4 We can charge interest if you pay late. 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.
10.5 Our online store is hosted on Shopify Inc. 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 suffered by

11.1 We are not responsible to you for all loss and damage. 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).
11.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so.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.

12. How we may use your personal information

12.1 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.
12.2 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

 13. Other important terms

13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 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.