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DiamondHunt.co.uk
TERMS OF SALE
1 Interpretation
1.1 In these Terms:
"CUSTOMER" means the person who's retails are completed on the Company's order form
"GOODS" means the items selected by the Customer on the order form which the Seller is to supply in accordance with these Terms;
"COMPANY" means DiamondHunt.CO.UK LTD (registered in England under the number 4055041) and whose registered office is at 4 Home Farm Cottages, Leicester Road, Thornhaugh, Peterborough, PE8 6NL.
"CONTRACT" means the contract for the sale and purchase of the Goods;
"TERMS" means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Company and the Customer;
"WRITING" and any similar expression, includes facsimile transmission and comparable means of communication and electronic mail.
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2 Basis of the sale
2.1 The Company shall sell and the Customer shall purchase the Goods in accordance with the order form, subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 The Company shall provide to the Customer confirmation of the Contract in Writing.
3 Orders and specifications
3.1 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Customer necessary information relating to the Goods within a sufficient time to enable the Customer to perform the Contract in accordance with its terms.
3.2 The quantity, quality and description of the Goods and any specification for them shall be as set out on the Company's website and order form.
4 Price of the goods
4.1 The price of the Goods shall be the Company's quoted price.
4.2 The Company reserves the right, by giving Written notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates or specifications for the Goods which is requested by the Buyer.
4.3 In the event of the Company serves notice on the Customer in accordance with clause 4.2 above the Customer shall be entitled to cancel the Contract without liability to the Company.
4.4 The price is inclusive of any applicable value added tax.
5 Terms of payment
5.1 Subject to any special terms agreed in Writing between the Customer and the Company, the Customer shall pay the price of the Goods when the order is placed
5.2 The Company accepts payment by Visa Mastercard Debit Card
6 Delivery
6.1 The Price of the Goods includes delivery by the Company to the Customer to the address specified in the order form.
6.2 Any dates quoted for delivery of the Goods are approximate only. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in Writing. The Goods may be delivered by the Company in advance of the quoted delivery date.
7 Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods.
7.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Customer may at any time require the Customer to deliver up the Goods to the Company.
7.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without limiting any other right or remedy of the Company) forthwith become due and payable.
8 Warranties and liability
8.1 Subject to the following provisions, the Company warrants that the Goods will correspond with their specification at the time of delivery and will be accompanied by appropriate certification to prove its authenticity.
8.2 If the Customer is not satisfied with the Goods, the Customer may cancel the Contract and return the Goods to the Company within 14 days of delivery of the Goods to the Customer with written notice to the Company confirming the cancellation.
8.3 Where the Customer exercises theirs right to Cancel the Contract in accordance with clause 8.2 above the Company will refund to the Customer the full price of the Goods within 30 days of the notice and the Goods being received by the Company.
8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
8.5 Except in respect of death or personal injury caused by the Company's negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
8.6 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company's reasonable control.
9 General
9.1 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.2 Any information obtained about the Customer by the Company during the Contract will be deemed confidential by the Company. The Company will hold this information solely for its own purposes and will not sell or distribute this information to any other company.
9.3 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
9.5 The Contract shall be governed by the laws of England, and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
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