These Terms of Sale and refund, together with any and all other documents referred to herein, set out the terms under which Goods are sold and refund by Us to consumers through this website, www.magennisjewellery.com. Please read these Terms of Sale and refund carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale and refund when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale and refund, as well as any and all Contracts are in the English language only.
1.1 In these Terms of Sale and refund, unless the context otherwise requires, the following expressions have the following meanings:
| “Contract” | means a contract for the purchase and sale of Goods, as explained in Clause 8; |
| “Goods” | means the goods sold by Us through Our Site; |
| “Material” | means Content that magennisjewellery makes available for purchase by Users subject to the terms of the appropriate Licence; |
| “Payment Information” | means any details required for the purchase of Material from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
| “Purchase Information” | means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form; |
| “Order Number” | means the reference number for your Order; and |
| “We/Us/Our” | means magennisjewellery whose main trading address is 12 Cedar Close Elson Gosport, Hampshire, PO12 4AT. |
2.1 Our Site, www.magennisjewellery.com, is owned and operated by magennisjewellery, and whose main trading address is 12 Cedar Close Elson Gosport Hampshire PO12 4AT. Our VAT Number: (270 5736 00)
3.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
3.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
3.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
3.4 Order Confirmations shall contain the following information:
3.4.1 Your Order Number;
3.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
3.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
3.4.4 Estimated delivery date(s)
4.1 If the Material you receive does not match that which you ordered, you should contact Us immediately via info@magennisjewellery.com and in any event not later than 48 hours after receipt. We will rectify the mistake within 14 days of receipt of your notice or, if the correct Material is no longer available, We will refund the price paid for that Material to you within 14 days.
4.2 If Material contains faults or errors on receipt, you should contact Us immediately via customerservice@magennisjewellery.com and in any event not later than 48 hours after the receipt, providing full details of the fault(s) or error(s). We will rectify the mistake within 14 days of receipt of your notice or, if the fault(s) or error(s) cannot be rectified, We will refund the price paid for that Material to you within 14 days.
4.3 If you purchase Material in error you must inform Us immediately via info@magennisjewellery.com and in any event not later than 48 hours after receipt and must not use the Material in question during that time in order to be reimbursed within 14 days. If any use including, but not limited to the Material during this time period can be traced to your Account, no refund can be provided and you will continue to have access to the Material purchased in error.
4.4 In each case, providing Us with your name, address, email address, telephone number, and Order Number.
4.5 We will pay postage for closed if we are at fault: clause 4.1 and 4.2
4.6 You will be responsible for all other return delivery charges.
5.1 You have the right to cancel your order before or after you receive the material at the end of the 7 days from the date you received the material.
5.2 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
5.3 Please note that you may lose your legal right to cancel under this Clause 5 in the following circumstances:
5.3.1 If the Goods have been personalised or custom-made for you;
5.3.2 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
5.3.3 You have not worn or damaged the material
5.3.4 All packaging and tags are still attached an intact
5.3.5 The material has not been altered in any way or any form
5.3.6 Damaged in anyway
5.4 Please ensure that you return Goods to Us no more than 7 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 5.
5.5 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address
12 Cedar Close Elson Gosport Hampshire PO12 4AT. Please visit the returns page on Our Site to complete a returns form and print out a returns label OR please contact Us at info@magennisjewellery.com
5.6 Refunds under this Clause 4.3 will be issued to you within 14 calendar days of the following:
5.6.1 The day on which We receive the Goods back; or
5.6.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 4.3); or
5.6.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
5.6.4 Please note that we will only pay for postage if a wrong or damaged item has been send to you.
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.2 Where appropriate, you may be required to select the required size, model, colour, of the Goods that you are purchasing.
6.3 We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site.
6.4 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every 90 days. Changes in price will not affect any order that you have already placed (please note sub-Clause 3.4.3 regarding VAT, however).
6.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of this in writing.
6.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.8 All prices on Our Shop Now Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.9 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to. Delivery options and related charges will be presented to you as part of the order process.
6.10 We will also include a paper copy of the Order Confirmation with your Goods.
6.11 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 48 hours.
6.12 Any refunds due under this Clause 4 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
7.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
7.2 We accept the following methods of payment on Our Site:
7.2.1 PayPal;
7.2.2 All majors bank cards;
8.1 All Goods purchased through Our Site will normally be delivered within 7 to 28 calendar days “(depending on your location)” after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 10.1).
8.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
8.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
8.2.2 If you do not collect the Goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange re delivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
8.3 In the unlikely event that We fail to deliver the Goods within 7 to 28 calendar days “(depending on your location)” of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 8.1), if any of the following apply you may treat the Contract as being at an end immediately:
8.3.1 We have refused to deliver your Goods; or
8.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
8.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
8.4 If you do not wish to cancel under sub-Clause 5.1 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
8.5 You may cancel all or part of your Order Clauses 5.1 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us. We will bear the cost of returning the cancelled Goods.
8.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
8.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
8.8 Any refunds due under this Clause 4 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. We will not be responsible for any loss or damage that is not foreseeable.
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
10.2 If any event described under this Clause 10.1 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
10.2.1 We will inform you as soon as is reasonably possible;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
11.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your account details obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. We are entitled to use our discretion to decide whether the permission is granted.
11.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale
11.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
11.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within <<insert period>> of your cancellation.
12.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
12.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.