Coops London Ltd (“we” and ”us”) is committed to protecting your privacy.
For the purposes of the Data Protection Act 1998, the data controller is Coops London Ltd of 1 Back Hill, Studio 2, London, EC1R 5EN.
1. THE INFORMATION WE COLLECT AND HOW WE USE IT
We will use, store or otherwise process any personal information that relates to and identifies you, including but not limited to your name, postal address, e-mail address, telephone number, your credit or debit card number and expiry date and any other information collected on registration, on placing an order and through surveys to the extent reasonably necessary to provide the services that are available through our Website to you by us.
We process this information for the purpose of:
We also gather this information and statistics for the purposes of monitoring our site usage and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you.
2. IP ADDRESSES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our site’s users’ browsing actions and patterns, and does not identify any individual.
3. INFORMATION SECURITY
The Internet is not a secure medium. However, we have put in place various security procedures as set out in this policy. All your card details are passed from your browser to CYBER SOURCE. Your account area is protected by your user name and password, which you should never divulge to anyone else and it’s secured using SSL certification issued by Comodo SSL www.comodo.com
Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control. Once we have received your information, we will use the security procedures outlined above to try to prevent unauthorised access to that information.
We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.
All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.
We ensure that your personal data will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.
4. TO WHOM WILL YOUR INFORMATION BE DISCLOSED?
5. YOUR RIGHTS IN RELATION TO YOUR INFORMATION
You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected. Where appropriate, you may have your personal information erased, rectified, amended or completed. Please write to Coops London Ltd, 1 Back Hill, Studio 2, London, EC1R 5EN, United Kingdom, or email us at email@example.com.
Please quote your name and address, and provide brief details of the information of which you would like a copy or which you would like to be corrected (this helps us to more readily locate your data).
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by at any time by writing to Coops London Ltd, 1 Back Hill, Studio 2, London EC1R 5EN, United Kingdom or email us at firstname.lastname@example.org
5.4 We will require proof of your identity before providing you with details of any personal information we may hold about you. We will charge £10 to cover the administration costs involved in providing you with a copy of your information.
The cookies that are issued by our system when you access the Website are as follows:
Except for essential cookies, all cookies will expire within seven days from the date it is issued by our system.
Please contact us at email@example.com if you require information about disabling any cookies on the Website.
7. YOUR CONSENT
In the event the purposes for processing change, then we will contact you as soon as practicable and seek your consent where such notification relates to a new additional purpose for processing.
Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area. We also operate globally and so it may be necessary to transfer your personal information to other companies within our group of companies located in countries outside of the EEA. Countries outside of the EEA may not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try and protect the security of your information.
8. USE OF YOUR PERSONAL INFORMATION SUBMITTED TO OTHER WEBSITES
The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these third party websites, please note that these websites may have their own privacy policies and we are not responsible for these privacy policies and the practices of third party websites even if you accessed the third party website using links from our Website. We strongly advise you to check these privacy policies before you submit any personal information to these third party websites.
9. FURTHER INFORMATION
For further information from us on data protection and privacy or any requests concerning your personal information please write to Coops London Ltd, 1 Back Hill, Studio 2, London, EC1R 5EN, United Kingdom, firstname.lastname@example.org
1. INFORMATION ABOUT US
www.coopslondon.com is a site operated by Coops London Ltd (“We”). We are registered in England and Wales under company number 08252122 and have our registered office at 1 Back Hill, Studio 2, London, EC1R 5EN, United Kingdom. Our main trading address is 1 Back Hill, Studio 2, London, EC1R 5EN, United Kingdom. Our VAT number is 150113862.
We are the owner of the Patent Pending no.1210821.3. Which represents the function, aesthetic, and rights to the design of COOPS earring. All such rights to the product are reserved.
2. ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You will indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of paragraphs 4.1 – 4.6.
4. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
8. TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms of Sale
9. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page or a page directly linked. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
11. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you have an issue with any of the images featured on coopslondon.com please contact us at firstname.lastname@example.org.
12. JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
16. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact email@example.com
Thank you for visiting our site.
This page (together with the documents referred to on it) tells you the terms on which we supply any of the products (the Products) listed on our website www.coopslondon.com (the Website) to you. Please read carefully and understand these terms before ordering any Products from the Website (Terms of Sale).
By placing an order for any of our Products, you confirm that you have read, understood and agree to be bound by these Terms of Sale. Please understand that if you refuse to accept these Terms of Sale in their entirety, you will not be able to order any Products. If you have difficulty in understanding any of the terms in the Terms of Sale or have any other queries, please contact our customer services team at firstname.lastname@example.org who will be happy to assist.
NOTHING IN THESE TERMS OF SALE AFFECTS ANY OF YOUR STATUTORY RIGHTS
1. INFORMATION ABOUT US
1.1 www.coopslondon.com is a website operated by Coops London Ltd (we). We are registered in England and Wales under company number 08252122 and with our registered office at 1 Back Hill, Studio 2, London, EC1R 5EN, United Kingdom and our email address is email@example.com. Our main trading address is 1 Back Hill, Studio 2, London, EC1R 5EN, United Kingdom. Our VAT number is 150113862.
1.2 A description of the main characteristics of the Products is contained on the Website. Such a description will be contained in the Order Confirmation mentioned in paragraph 4.1.
1.3 The price of Products and arrangements for payment is as described in paragraph 9 and the delivery and packaging charged are described in paragraph 7.
1.4 The arrangements for delivery of Products are described in paragraph 6. Note that delivery may take place more than 30 days from order. By accepting these Terms of Sale, you are agreeing to a later delivery date as specified in paragraph 6.
1.5 If you are a UK or EU consumer, you have a statutory right of cancellation as set out in paragraph 5. If you are not a UK or EU consumer, the statutory right of cancellation set out in paragraph 5 will not apply to you, instead you should refer to our Returns Policy as set out in paragraph 10 in respect of your rights of return.
1.6 If you have any questions or comments please contact our customer service team at firstname.lastname@example.org who will be happy to assist.
1.7 The language of the contract will be English.
2. SALES TO COUNTRIES OUTSIDE UK WHERE WE ARE WILLING TO SELL PRODUCTS
2.1 For practical and legal reasons, the Website is only intended for use by people resident in the following countries; UK, EU, USA, Singapore and Hong Kong (Serviced Countries). We reserve the right to not accept orders via the Website from countries which are not Serviced Countries. If you would like to place an order via the Website from a country which is not one of our Serviced Countries, please contact our customer services team at email@example.com and we will check whether we are able to accept the order or any part of it.
2.2 If you order Products via the Website for delivery outside the UK, they may be subject to import duties, taxes, fees or other levies when the delivery reaches the specified destination. You will be responsible for payment of any such import duties, taxes, fees or levies. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2.3 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be responsible for your compliance with, and will have no liable to you or other any person for any breach by you or any other person, of any such laws or regulations.
2.4 You will indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of paragraph 2.2 or paragraph 2.3 of these Terms of Sale.
3. YOUR STATUS
3.1 By placing an order through the Website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are resident in one of the Serviced Countries;
3.1.4 you are accessing the Website from one of the Serviced Countries; and
3.1.5 you are placing the order as a consumer, i.e. an individual is acting outside his or her business.
3.2 If we discover at any time that any of the above warranties (or any part of them) are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have against you under the general law.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your placing of an order with us for a Product constitutes an offer to buy the Product from us and all orders are subject to acceptance by us. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this email of acknowledgement does not mean that, your order has been accepted by us, or that a contract has been made between us. We will confirm to you our acceptance of your order by sending you a separate e-mail that confirms that we have accepted your order and along with details of when the Product will be ready to be dispatched (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.2 The Contract will relate only to those Products which are expressly referred to in the Order Confirmation as being part of the accepted order. If we are unable to supply all of the Products listed in your order and have only accepted your order in respect of certain of those Products, we will not be obliged to supply any of the remaining Products which may have been part of your order until we have confirmed to you, by sending you a separate Order Confirmation, that we have accepted the order of any of those remaining Products.
5. RIGHT OF CANCELLATION FOR UK AND EU CONSUMERS
5.1 If you are a UK or EU consumer, you have a statutory right to cancel a contract for any reason at any time within five working days, beginning from the moment the Contract is concluded and ending five working days after the day on which you receive the Products. If you exercise this cancellation right, you will receive a full refund of the price paid for the Products and the cost of delivery to you in accordance with our Returns Policy (set out in paragraph 10 below).
5.2 To cancel a contract under your statutory rights referred to above in paragraph 5.1, you must inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1.1 or by email firstname.lastname@example.org
5.3 You must take reasonable care of the Products, and must keep the Products in your possession at all times. If you are in breach of any of your obligations to take reasonable care of the Products or keep the Products in possession in this paragraph 5.3, we will have a claim against you and may deduct from the refund any costs or damages incurred or suffered by us as a result of the breach.
5.4 When you have exercised your statutory cancellation right referred to above in paragraph 5.1, the Product must be returned to us as soon as reasonably practicable, at your own cost and in strictly accordance with our Returns Policy at paragraph 10.
5.5 Details of your statutory right of cancellation, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
5.6 The statutory cancellation right described in this paragraph 5 is in addition to any other right that you might have to reject the Products, for instance because they are faulty or defective.
5.7 You will not have the right to cancel a contract in accordance with your statutory right of cancellation in respect of any Product which has been made to your specification(s), is personalized.
6.1 Please note that we cannot guarantee specific delivery times, any dates for delivery are intended to be estimates and time for delivery shall not be of the essence of any contract between us. If the Product is in stock at the time we will aim to dispatch the Product within 2 to 5 working days of the Order Confirmation. If a Product (or substitute product) is unavailable or we anticipate any delay in the dispatch of the Products or fulfilment of the delivery, we will contact you to agree a later delivery date. Please note that whilst we aim to fulfil the delivery of Products within 30 days from the date of your order, it is possible that delivery may take place more than 30 days from the date of your order.
6.2 Delivery may be made by post or courier, of your choice. All deliveries will require a signature upon receipt. This signature will be deemed as proof of receipt by you and accordingly we will be accepted by us as evidence of delivery and fulfilment of the order.
6.3 If a delivery is made, at your request, to an address which is not the same as the invoice address (for example if purchased by you as a gift for another person), the signature received at the delivery address will be accepted by us as evidence of delivery and fulfilment of the order.
6.4 If we are unable to make delivery, for example because no one is available at the delivery address or because we were unable to gain access to the delivery address, a note will be left at the delivery address and you will be required to make contact with postal service or courier company (as appropriate) to arrange a new delivery date.
6.5 We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our reasonable control (including without limitation any delays with customs clearances).
6.6 The quantity of any consignment of Products as recorded by us upon dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
7. DELIVERY CHARGES
7.1 UK deliveries will be shipped via Royal Mail Special Delivery as follows:
7.1.1 £7 delivery charge per order.
Next day delivery is usually available within the UK excluding orders where delivery lead times are otherwise indicated to you (for example where a Product is out of stock). Orders placed before 1pm are usually be delivered the next working day (Monday to Friday). Orders placed after 1pm will be dispatched the next working day. All timings are subject to successful payment authorisation and availability of Products.
7.2 EU (outside the UK) deliveries will be shipped via Royal Mail Airsure as follows:
7.2.1 £14 delivery charge per order.
7.2.2 Orders are usually dispatched within 1 to 2 working days and delivered within 5 working days. All timings are subject to successful payment authorisation and availability of Products.
7.3 Singapore deliveries will be shipped via Royal Mail Air Sure as follows:
7.3.1 £18 delivery charge per order.
7.3.2 Orders are usually dispatched within 1 to 2 working days and delivered within 5 working days. All timings are subject to successful payment authorisation, availability of Products, and any customs clearances.
7.4 USA deliveries will be shipped via Royal Mail Airsure as follows:
7.4.1 £18 delivery charge per order.
7.4.2 Orders are usually dispatched within 1 to 2 working days and delivered within 5 working days, depending on customs clearance times. All timings are subject to successful payment authorisation, availability of Products, and any customs clearances.
7.5 Hong Kong deliveries will be shipped via Royal Mail Air Sure as follows:
7.5.1 £18 delivery charge per order.
7.5.2 Orders are usually dispatched within 1 to 2 working days and delivered within 5 working days, depending on customs clearance times. All timings are subject to successful payment authorisation, availability of Products, and any customs clearances.
7.6 All packages being received from COOPS London Ltd will arrive with security tape securing the outer top and bottom lids of the Postal Tubes – please ensure that the tape is in no way tampered with. If it has been do not accept the package and immediately return to the Courier, Postman, or Delivery agent.
8. RISK AND OWNERSHIP
8.1 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of any Products purchased by you from us, including any delivery charges.
8.3 Until ownership of the Products has passed to you, you will:
8.3.1 hold the Products on a fiduciary basis as our bailee;
8.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
8.3.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
8.3.4 notify us immediately if you are deemed unable to pay your debts or as having no reasonable prospect of so doing.
9. PRICE AND PAYMENT
9.1 The price of any Product, and the currency which the price of any Product is payable in, will be as quoted on the Website at the time of your order, except in cases of manifest error.
9.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.3 If you choose to pay for an item using a payment card with a currency denominated account which is not the currency quoted on the Website, the account will still be taken in the currency which is quoted on the Website and will be taken at the conversion rate applied by the relevant payment scheme at the time of processing your order.
9.4 These prices include VAT or any other taxes (if applicable) but exclude delivery costs, which will be added to the total amount due as set out in the Delivery section at paragraph 7 above.
9.5 You can pay by:
9.5.1 Credit and debit card. We accept Visa, MasterCard and PayPal.
9.6 We do not accept payment by cash, cheque, postal order, direct debit.
9.7 When an order is placed, we request pre-authorisation for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorisation request until the order is dispatched, at which point we actually take payment.
9.8 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
9.9 Whilst we try to ensure all our prices displayed on our Website are accurate, errors may sometimes occur. If we discover an error in the price of a Product that you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced Product as cancelled.
9.10 We will have no liability to you in respect of any exchange rate fluctuations or charges imposed by your bank or credit card issuer.
10. OUR RETURNS POLICY
10.1 The following provisions of this paragraph 10 set out our returns policy (Returns Policy).
10.2 Subject to the terms of this paragraph 10, Products may, at our absolute discretion, be returned to us (for a refund or exchange) within 14 working days, beginning from the moment the Contract is concluded and ending 14 working days after the day on which you receive the Product(s). Our Returns Policy is offered to consumers who are not entitled to the cancellation rights referred to above in paragraph 5 above and does not affect the cancellation rights referred to in paragraph 5 of any UK or EU consumer.
10.3 In order to return a Product to us, you must first inform us in writing of your intention to return the Product by hand delivery, post or fax to the place given in paragraph 1.1 or by email to email@example.com
10.4 If the Product, in our absolute discretion, is eligible to be returned to us, these should be returned to us in the same condition as received and at our discretion we will refunded.
10.5 Any Product(s) returned to us must be sent back to us in our Returns Pack, and in accordance our Returns Policy, and any further instructions or directions notified by us to you at any time.
10.6 Any Products which are not returned to us properly packed in our Returns Pack and strictly in accordance with our Returns Policy will not be accepted by us, will not be eligible for a refund or exchange, and we will not be responsible for any loss or damage to the Products in transit or otherwise.
10.7 The cost of delivery of the return of any Product will be for your account and will, if a refund is due to you, be deducted from the amount due to be refunded to you, and if a Product is due to be exchanged, be payable by you before the exchanged Product is dispatched to you.
10.8 Products must be returned in the exact same condition that they were dispatched to you in, along with a receipt or parcel summary document, within the period specified above in paragraph 10.1. When you return a Product to us we will examine the returned Product and will notify you if you are entitlement to a refund or exchange via e-mail within a reasonable period of time.
10.9 If you have cancelled your Contract in accordance with your statutory cancellation right under paragraph 5, or are otherwise entitled to a refund, we will process any refund due to you within 30 days of the day we received your cancellation, or you become entitled to a refund (as appropriate).
10.10 Refunds will be given on the following basis:
10.10.1 where you have validly returned a Product (including a substitute Product) under your statutory right of cancellation described in paragraph 5, we will refund the full amount paid by you for the Product, including the cost of delivery to you. You will be responsible for returning the Product to us, at your cost, strictly in accordance with our Returns Policy;
10.10.2 where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and, provided you strictly follow our Returns Policy, we will bear the cost incurred in returning the Product to us; and
10.10.3 where you have returned a Product in circumstances other than paragraphs 10.10.1 and 10.10.2 above (which includes rejecting a defective Product more than a reasonable time after receipt by you of it), any refund will be in accordance with our Returns Policy. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse any cost incurred by you in returning the Product.
10.11 We aim to make refunds using the same method as that used by you to pay for your purchase.
10.12 When returning Products to us, whether under the statutory right of cancellation or for any other reason, you must take reasonable care to see that they are received by us and not damaged in transit.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these Terms of Sale, we shall only be liable to you for the purchase price of the Products.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these Terms of Sale that fall into the following categories:
11.2.1 loss of income or revenue;
11.2.2 loss of business;
11.2.3 loss of profits;
11.2.4 loss of anticipated savings;
11.2.5 loss of data; or
11.2.6 waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by clauses 11.2.1 to 11.2.6 inclusive.
11.3 Nothing in these Terms of Sale excludes or limits our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
11.3.4 defective products under the Consumer Protection Act 1987; or
11.3.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12. APPEARANCE OF PRODUCTS ON THE WEBSITE
12.1 Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire Product.
12.2 For Products containing diamonds or other precious stones or gems, we list the average weight. The actual weight may be slightly more or less than the weight stated on our Website.
12.3 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our Products on our Website. However, the actual colours and detailing you see onscreen will depend on the equipment you use to view the Products. We cannot guarantee that your television or computer monitor display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery.
13. CANCELLATION OF THE CONTRACT BY US
In the very unlikely event that we are unable to fulfil your order, we reserve the right to cancel the contract between us. If we do cancel our contract we will notify you and will credit to your account any sum deducted by us from your account as soon as reasonably practicable and in any event within 30 days of your order and we will have no further liability to you in this respect.
14. INTELLECTUAL PROPERTY
As between you and us, all intellectual property in the Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us. Parent Pending number. 1210821.3.
15. WRITTEN COMMUNICATIONS AND NOTICES
15.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
15.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance with the details in paragraph 1.1 above. Notices to you may be given to the email address or the invoice address provided when you placed your order.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 Neither of us shall be liable to the other for any delay or non‘performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control.
17.2 Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
If either of us does not insist upon strict performance of any of the other™s obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
If any one or more of the provisions of these Terms of Sale should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.
20. OUR RIGHT TO VARY THESE TERMS OF SALE
20.1 We have the right to revise and amend these Terms of Sale from time to time for any reason including without limitation to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or those terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or those terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. THIRD PARTY RIGHTS
A person who is not expressly a party to these Terms of Sale or a contract between shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
22. ENTIRE AGREEMENT
22.1 These Terms of Sale and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
22.2 Nothing in this clause 22 limits or excludes liability for fraud.
23. LAW AND JURISDICTION
Contracts for the purchase of Products through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales