Terms & Conditions
"The company" shall mean Unforgettable Jewellery Limited.
"The Goods" shall mean the items which are subject to this contract.
"The customer" shall mean the person, firm or company who contracts to purchase, in full or in part, goods from the company.
An order placed by a customer with the company will only be deemed to be accepted when written confirmation of an order is given by the Company or when the goods are delivered and signed for, whichever shall be the earlier. Until this time, no order will be deemed to be accepted or constitute a legally enforceable contract with the company.
Delivery dates quoted by the Company are given in good faith by way of estimate only. While the Company will endeavour to meet all time scales, any date or period is not to be the essence of the contract and the customer shall be bound to accept the goods when they become available. The Company shall not be liable for any loss or damage or delays in transit or consequential loss or losses including loss of profit resulting in any way in respect of late delivery howsoever caused even in such cases as the Company has expressly agreed in writing a delivery date, nor shall such failure to deliver on the date or within the period named by the Company be deemed to be a breech of contract.
3. Payment and Price
Time for payment shall be of the essence. Unless otherwise agreed in writing, all orders made by the customer with the Company will be due for payment on placing the order. The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering any order. An administration fee will be charged to the customer in the event of their payment not being honoured. In the event of non-payment, late payment or other default by the customer, the Company shall be entitled to recover all legal costs thereby incurred together also with interest on the monies outstanding, calculated at 4% above the Royal Bank of Scotland base rate compounded monthly. Prices are quoted including VAT, packing, boxes and bags. Freight and postage will be charged at the rate given on the invoice when the order is placed. The Company reserves the right at any time prior to delivery of the goods to adjust the price to take into account of any increase in the cost of raw materials, labour or services or any currency fluctuations, increases in taxes or duties or any other matters affecting the cost to the Company in complying with the contract. The Company reserves the right to amend any accidental errors and omissions in quotations and invoices.
4. Risk and the passing of property
Risk in the goods shall pass to the customer when the goods are delivered to or collected by the customer or its agents. The goods remain the property of the Company until paid for in full. Notwithstanding the forgoing generality, the customer shall, until such time as title shall have passed to him, insure the goods to their replacement value noting the Company's interest on the relevant insurance policy and the customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such insurance. The customer is under a duty to inspect the goods on delivery or collection as the case may be. Claims for damage, defect or shortage in quantity will only be considered if the Company receives written notice of such damage, defect or shortage within three working days of delivery or collection as the case may be. In all cases where damage, defects or shortages are complained of, the Company shall be under no liability in respect thereof unless an opportunity to inspect the goods is afforded to the Company before any use is made thereof or any alteration or modification is made thereof by the customer.
Cancellation of the order by the customer for whatever reason shall entitle the Company to payment of all costs, expenses or losses of the firm arising reasonably therefrom. Such notification of cancellation by the customer shall not be deemed to have been accepted by the Company in the absence of specific agreement by the Company in writing to that effect. In all cases the firm reserves to itself any right that it may have in law.
The contract shall be governed by and construed in accordance with Scottish law and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the Scottish courts.
6. Alternative Dispute Resolution or ADR
ADR is a process where an independent and impartial third party considers the evidence in a dispute and either makes a decision to settle the dispute, offers a view on a possible resolution or otherwise helps the parties come to an agreement. It is an alternative to pursuing a case through the courts.
A full list of UK approved ADR providers and more information on ADR can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
The European Commission has established its own online dispute resolution (ODR) platform which can be accessed at http://ec.europa.eu/consumers/odr/
We don’t subscribe to ADR using such ADR providers because our aim is to resolve any complaint efficiently and professionally through our own complaints procedure.
"Christine Sadler" and "Christine Sadler Unforgettable Jewellery" are trading names of Unforgettable Jewellery Ltd registered in Scotland with the Company Number SC447934.
Registered Office Address: 25 Alloway Street, Ayr, KA7 1SP
Christine Sadler is UK VAT Registered. VAT No. 735 297 118.