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| Our Terms & Conditions |
Our Terms & Conditions
This website is operated by mandm-wholesale-jewellery.co.uk (formerly
mandm-jewellery.com.) As a user of this website (referred to as "you/your")
you acknowledge that any use of this website by you including any transactions you
make ("use/using") is subject to our terms and conditions below (which includes
any other important hyper-linked sections e.g.
Refund Policy,
and Privacy & Security.
By using this website you confirm that you are at least 18 years old or if you are
not at least 18 years old, that you have the authority/consent of your parent or
guardian to do so.
Please make sure you:
Read through these terms and conditions carefully before using this website
as your use of the website will signify your agreement to be bound by them.
Print a copy for future reference.
Also read our
Privacy Policy section regarding your personal information.
- Definitions
1.1. In these terms and conditions (“the Terms”) unless the context otherwise
requires, the following words and phrases shall have the following meanings:
“Customer Material” means any information provided by the customer to mandm-wholesale-jewellery.co.uk
including, but without limitation, your details, sizes, delivery details, requirements
or any information provided in the Enquiry or Order;
“Enquiry” means any enquiry made of mandm-wholesale-jewellery.co.uk;
“Force Majeure Event” includes any delay or failure to perform our obligations
as set out in these Terms where such delay or failure to perform arises from
circumstances beyond our reasonable control, including (without limitation)
any Act of God, communications failure, death, destruction, fire, flood, strikes,
riots, accident, disruption to energy supplies, civil commotion, acts of terrorism
or war;
"Order Confirmation" an order confirmation from mandm-wholesale-jewellery.co.uk
to you confirming receipt of your payment and the acceptance of your order;
“Price” means a price issued by mandm-wholesale-jewellery.co.uk to you
in response to an Order Confirmation and/or an Enquiry;
“Product” means quality silver, gold & diamond jewellery and other quality products
produced by mandm-wholesale-jewellery.co.uk from time to time and available
for sale on the website;
“mandm-wholesale-jewellery.co.uk”, “us” or “we” means mandm-wholesale-jewellery.co.uk
or mandm-jewellery.com whose office is at 8 Chelsea Gardens, Houghton
Regis, Dunstable, Beds LU5 5RW;
“website” means the website for the sale of Products at
http://www.mandm-wholesale-jewellery.co.uk/;
“writing” includes email, fax or other comparable means of communication;
“you”, “your” or “customer” means the person, firm or company placing an order
for Products with mandm-wholesale-jewellery.co.uk;
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- Product Details
2.1. mandm-wholesale-jewellery.co.uk has made every effort to display
the jewellery as accurately as possible. Most products have been described with
sizes/lengths and accurate colour options. However, we are aware that colours
and images vary slightly according to the monitor they are viewed on.
The Products displayed on this website are not shown to actual size nor are
their images binding as to detail. Some Products may appear slightly larger
or smaller than actual size due to screen defaults and photography techniques.
Other Products may be represented at a larger than actual size in order to clearly
show details, or smaller than actual size in order to show the entire item,
and your attention is drawn to the Product details and content where given.
2.2. All Products are subject to availability. In the unlikely event of a change
in the specification or quality of the goods ordered we will offer you a substitute
item of the same or better quality for the same price, which you shall be entitled
to reject.
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- Price of the Products
3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products
will be as stated on our website at the time you submit your order.
3.2. Prices stated on the website include VAT for the item(s) but not the cost
of delivery and insurance during freight as that cost is dependent upon the
value of the item(s) purchased and so is advised in addition to the Prices stated.
3.3. All Products must be paid for in full before being dispatched.
3.4. Due to the fluctuating prices of the constituent elements of the Products,
the price of the Products stated on our website may vary if there is a delay
between the time of the order and when payment in full is received by mandm-wholesale-jewellery.co.uk
and in these circumstances you may be requested to make an additional payment
before the Products can be dispatched to you. For Products where a small or
large size is requested or where items are custom works or any type of special
order you will be asked, when submitting your order, to pay an additional amount
to the price offered on the website.
3.5. Without prejudice to clause 6.1.1, if we discover an error in the price
of the Products offered we will contact you to resolve the situation.
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- Enquiries
4.1. By making an Enquiry you are under no obligation to purchase any Product
but you agree to be bound by these Terms and our Privacy Policy.
- Order Acceptance and Payment
5.1. BEFORE YOUR ORDER CAN BE ACCEPTED, WE MUST RECEIVE IN CLEARED FUNDS, OR
CONFIRMATION OF AUTHORISATION OF PAYMENT (WHERE A CREDIT CARD IS USED) THE PURCHASE
PRICE SPECIFIED IN FULL (WITHOUT ANY DEDUCTION).
5.2. Once payment has been received by us we will confirm that your order has
been accepted by sending an Order Confirmation to you at the e-mail address
you provide. Our acceptance of your order brings into existence a legally binding
contract between us.
5.3. You may pay for the Products in any currency from time to time stated on
our website.
5.4. You must pay for the Products you order by using any method currently specified
on the website, which may include without limitation;
5.4.1. payment via the global online payment system, PayPal.
5.4.2. credit or debit card by communicating your card details to mandm-wholesale-jewellery.co.uk
(for the avoidance of doubt the credit/debit cards accepted by us are those
listed on the website on the date your order is placed).
5.4.3. a telegraphic transfer or a bank transfer to the mandm-wholesale-jewellery.co.uk
account; or
5.5. In the event that payment for an order is not received; or you are not
fully entitled to use your nominated credit, debit or charge card; or such card
has insufficient funds to cover the price of the Products then:
5.5.1. mandm-wholesale-jewellery.co.uk may contact you allowing you to
make payment in full within a specified time period by the same or another means;
or
5.5.2. mandm-wholesale-jewellery.co.uk may at its sole discretion cancel
your order in which case mandm-wholesale-jewellery.co.uk shall return
any monies received from you within 30 days of receipt of such monies to your
nominated account.
5.5.3. you agree that in any event that mandm-wholesale-jewellery.co.uk
shall have no liability to you for any loss, damage, costs, expenses or other
claims that you may incur.
5.6. You agree to indemnify mandm-wholesale-jewellery.co.uk in full against
all costs and outgoings incurred by us in obtaining payments from you in the
event a failed payment occurs.
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- Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. one or more of the Products you ordered was listed at an incorrect price
due to a typographical error in the pricing information or for any other reason;
or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail and will offer
an alternative replacement Product or refund to you any amounts paid to us as
soon as possible and in any event within 30 days of your order.
6.3. We shall not be obliged to offer any additional compensation for disappointment
suffered and we shall have no liability to you for any loss, damage, costs,
expenses or other claims that you may incur.
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- Delivery
7.1. As part of our insurance requirements and quality control procedure, before
any Product is shipped the Product is inserted into the packaging in the presence
of a suitable individual and duly sealed.
7.2 We reserve the right to charge for and fulfill partial orders where the
Order Confirmation consists of multiple items.
7.3. Delivery will be made to the address specified in the Order Confirmation.
mandm-wholesale-jewellery.co.uk reserves the right to restrict the delivery
of Products to certain areas.
7.4. Subject to clause 7.3, we will take all reasonable steps to deliver your
order to you on or before the date specified in the Order Confirmation but delays
may be caused and delivery can be delayed due to Force Majeure Events or for
any other reason and mandm-wholesale-jewellery.co.uk does not warrant
or guarantee the delivery date specified in the Order Confirmation and shall
have no liability to you for any loss, damage, costs, expenses or other claims
that you may incur as a result of late delivery. The time for delivery of the
Products shall not be of the essence of the contract.
7.5. You will become the owner of the Products you have ordered when they have
been delivered to you. Once the Products have been delivered to you they will
be held at your own risk and we shall not be liable for their loss or destruction.
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- Right of Cancellation
8.1. EXCEPT FOR pierced jewellery products or earrings, you will be entitled
to cancel your order by written notice to us by following the procedure in clause
10. You do not need to give us any reason for cancelling your order and subject
to clause 10, nor will you have to pay any penalty. This policy is in accordance
with the EU Distance Selling (Directive 97/7) as ratified by part of the Consumer
Protection (Contracts Concluded by Means of Distance Communications) Regulations
2000.
- Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that
the Products will be of satisfactory quality. The aforementioned warranty is
given by mandm-wholesale-jewellery.co.uk subject to the following condition:
9.1.1 mandm-wholesale-jewellery.co.uk shall be under no liability to
the customer for any loss, damage, costs, expenses or other claims in respect
of: (a) any defect arising from wilful damage, negligence, failure to follow
instructions for the use of the Products (whether oral or in writing); (b) misuse
or alteration of the Products without our approval; (c) arising from any Customer
Material supplied by you which is incomplete, inaccurate, illegible, out of
sequence or in the wrong form, or any other fault of the Customer and/or (d)
for Products not supplied by mandm-wholesale-jewellery.co.uk, in respect
of which the customer shall only be entitled to the benefit of any such warranty
or guarantee as is given by the manufacturer to mandm-wholesale-jewellery.co.uk.
9.2 If you do not receive the Products ordered by you within 30 days of the
date on which you ordered them, we shall have no liability to you unless you
notify us in writing at our contact address of the problem within 40 days of
the date on which you ordered the Products.
9.3. mandm-wholesale-jewellery.co.uk's high quality jewellery should
meet or exceed your expectations. However, in the event that you are dissatisfied
with your order, the Products delivered to you are incomplete or you have received
incorrect Products, we shall have no liability to you unless you contact us
by the email facility on our Contact Us page to
obtain a Returns Number and notify mandm-wholesale-jewellery.co.uk of
the problem WITHIN 48 HOURS OF DELIVERY of the Products in question.
9.4. If you notify a problem to us under clauses 9.2 or 9.3 or we have committed
a breach of the warranty at clause 9.1 our only obligation will be (to be determined
at your option):
9.4.1. we may offer you an alternate Product free of charge provided that the
original Product is returned to us in accordance with clause 10; or
9.4.2. we will arrange with you for the Products to be returned to us in accordance
with clause 10, and we shall refund the price paid, AND IN EACH CASE mandm-wholesale-jewellery.co.uk
SHALL HAVE NO FURTHER LIABILITY TO YOU.
9.5 The customer is solely responsible for satisfying themself as to the suitability
of the Products for any particular purpose and the customer acknowledges that
they rely solely on their own skill and judgement and not mandm-wholesale-jewellery.co.uk's
skill and judgement in determining such suitability.
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- Returns Procedure
10.1. If you exercise the right to cancel under clause 8.1 or a right to return
the Product(s) in accordance with clause 9.4, then the following procedure must
be followed:
10.1.1. except in cases where clause 9.3 applies,
contact us within 30 days of the date of delivery of the Product(s)
stating your reason for return as "I just don't want it anymore". You will need to quote your original order
reference ID. We will then issue you with a Returns Number and a delivery address
to return the Product(s) to ;
10.1.2. complete the return form provided with the original packing materials
for the delivered Product(s);
10.1.3. secure the Product(s) and all of the original packing materials, including
return form, packing slip, in a plainly wrapped cardboard box or robust envelope
(the post office has these available if you do not);
10.1.4. send the Product(s) via Royal Mail, or for high value Items, ship by
registered mail, as this is the safest way to do so.
FOR YOUR PROTECTION, PLEASE INSURE THE PACKAGE FOR THE FULL AMOUNT OF THE INVOICE
PLUS SHIPPING CHARGES. mandm-wholesale-jewellery.co.uk SHALL NOT BE RESPONSIBLE
FOR ITEMS LOST OR DAMAGED WHILE SHIPPING.
10.1.5. clearly print your name and address on the outside of the package in
the return area.
Mail the package to:
M & M Returns Department, 8 Chelsea Gardens, Houghton Regis, Dunstable, Beds
LU5 5RW, UNITED KINGDOM.
Please be careful: You should NOT write "jewellery", diamonds or other
luxury-related words anywhere on the package, as this invites possible theft
of the package.
10.1.6. Conditions of Return
Returns are simple, but are subject to certain rules:
(a) packages without a Returns Number issued by mandm-wholesale-jewellery.co.uk
pursuant to Clause 10.1.1 will not be accepted for refund;
(b) the item MUST be received by mandm-wholesale-jewellery.co.uk WITHIN
THIRTY (30) DAYS from the date of delivery of the order to you from mandm-wholesale-jewellery.co.uk.
Any items received after (thirty) 30 days from the shipment date will not be
accepted for refund;
(c) each item must be returned in the same condition as it was sent, unworn
and undamaged. Damaged goods due to your negligence will not be accepted for
refund.
(d) if the Product is a diamond, then any original valuation certificate (if
applicable) that was issued with the diamond needs to be returned as well. This
is very important. The valuation certificate has a replacement fee. If the certificate
is not returned, the cost of replacing it will be deducted from any refund payable
to you.
10.2. Subject to the conditions in clause 10.1, mandm-wholesale-jewellery.co.uk
will refund the full cost of the item, minus delivery charges. Refunds will
be made in the same form as the original purchase.
10.3. Returns take approximately five business days to process upon receipt
of the item.
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- Use of the website
11.1. You agree to use the website only for lawful purposes and in a way that
does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment
of the website. Prohibited behaviour includes harassing or causing distress
or inconvenience to any person, transmitting obscene or offensive content or
disrupting the normal flow of dialogue within the website.
11.2 mandm-wholesale-jewellery.co.uk gives no warranty or representation
as to the accuracy, suitability or reliability of the information and content
of this website for any purpose, which information and content is provided on
an “as is” basis.
11.3. mandm-wholesale-jewellery.co.uk does not warrant that functions
contained in the website content will be uninterrupted or error free, that defects
will be corrected, or that mandm-wholesale-jewellery.co.uk or the server
that makes it available are free of viruses or bugs. We shall have no liability
for any direct, indirect, special or consequential loss arising out of the use
of or the inability to use this website including (without limitation) reliance
on any information or content of the website or which results from mistakes,
omissions, interruptions, deletions of files or emails, defects, viruses or
delays in operation or transmission.
11.4. The information on the website may contain technical inaccuracies or typographical
errors and may be changed or updated without notice. mandm-wholesale-jewellery.co.uk
may also make improvements and/or changes to the website at any time without
notice.
11.5. Any information we receive from you will be dealt with in accordance with
our
Privacy & Security Policy.
11.6. Certain links in this website may connect to other websites maintained
by third parties over whom we have no control. We make no representations as
to the accuracy or any other aspect of information contained in other websites.
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- Liability
12.1. Nothing in these Terms will limit our liability for death or personal
injury resulting from our negligence or that of our employees or agents. If
you are a consumer (within the meaning of the Unfair Contract Terms Act 1977)
the content of these Terms will not affect your statutory rights. If you are
not a consumer then subject as provided in clause 9.1, all other warranties,
conditions or other terms, whether implied by statute common law or otherwise,
are excluded to the fullest extent permitted by law.
12.2. Where mandm-wholesale-jewellery.co.uk provides any information
in relation to the Products supplied to it by a third party, mandm-wholesale-jewellery.co.uk
does not give any warranty, guarantee as to its accuracy or otherwise and shall
have no liability to the Customer for any losses arising as a result thereof.
12.3. In the event that we are unable or fail to deliver the Products ordered
within any time period specified, we will use reasonable endeavours to contact
you in order to re-schedule the delivery time. mandm-wholesale-jewellery.co.uk
does not warrant or guarantee the delivery date specified in the Order Confirmation
and shall have no liability to you for any loss, damage, costs, expenses or
other claims that you may incur as a result of late delivery.
12.4. We will not be in breach of contract as a result of any Force Majeure
Event.
12.5. IN ANY EVENT, THE LIABILITY OF mandm-wholesale-jewellery.co.uk
FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR
IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER
PLACED BY YOU FROM TIME TO TIME.
12.6. mandm-wholesale-jewellery.co.uk shall have no liability for loss
of profit or for any indirect, special or consequential loss of damage, costs,
expenses or other claims for compensation whatsoever arising out of or in connection
with the supply or non-supply of the Products (including any delay in supplying
the Products) or their use or resale by you. Other than as set out in clause
9.2, the entire liability of mandm-wholesale-jewellery.co.uk arising
out of any order for Products from you will be limited to the total price of
the Products ordered by you.
12.7. You must observe and comply with all applicable regulations and legislation,
including all necessary customs, import or other permits to purchase Products
from our website. The importation or exportation of our Products may be prohibited
by certain national laws. We make no representation and accept no liability
in respect of the import or export of the Products you purchase.
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- Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be:
13.1.1. transmitted via our Contact Us page;
13.1.2. or sent by post to:
M & M Customer Services Dept, 8 Chelsea Gardens, Houghton Regis, Dunstable,
Beds LU5 5RW, UNITED KINGDOM.
- Intellectual Property
14.1. The entire content of the website, including all copyright, trademarks
and other intellectual property rights it contains, including the use of the
name 'mandm-wholesale-jewellery.co.uk' is the sole property of mandm-wholesale-jewellery.co.uk
or our licensors. You are permitted to copy, transmit and to use such material
only for the purpose of ordering Products from the website, but you not are
entitled to copy, reproduce, transmit, display in public, create derivative
works from or otherwise commercially exploit such material.
14.2. All intellectual property rights in the Products (subject to the rights
of any third party) belong to mandm-wholesale-jewellery.co.uk.
14.3. You warrant that all Customer Material provided to us will not be defamatory
or infringe the copyright or other rights of any third party, and you shall
indemnify mandm-wholesale-jewellery.co.uk against any loss, damages,
costs, expenses or other claims arising out of any such infringement.
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- Privacy Policy & Security Guarantee
15.1. You acknowledge and agree to be bound by the terms of our
Privacy Policy & Security Guarantee.
- General
16.1. These Terms govern the contract to the exclusion of all other terms and
conditions stipulated in any other communication or document unless expressly
agreed in writing by mandm-wholesale-jewellery.co.uk.
16.2. mandm-wholesale-jewellery.co.uk reserves the right to vary the
content of these Terms from time to time with any changes being published on
the website. However, such variations will not affect any Contract between
mandm-wholesale-jewellery.co.uk and you. Continued use of the website,
or any of its services will signify that you agree to any such changes.
16.3. We may correct any typographical, clerical or other error or omission
in any information on the website or in any email or other document or communication
issued by mandm-wholesale-jewellery.co.uk without incurring any liability
on our part.
16.4. If any clause or part of a clause in these Terms is held by any Court
of competent authority to be unlawful, invalid or unenforceable, such clause
or part shall be severed and the remaining provisions of these Terms shall remain
in full force and effect.
16.5. These Terms, together with our website prices, delivery details, contact
details and Privacy Policy set out the whole of our agreement relating to the
supply of the Products by us. Nothing said by any sales person on our behalf
should be understood as a variation of these Terms or as an authorised representation
about the nature or quality of any Products offered for sale by us. Save for
fraud or fraudulent misrepresentation, we shall have no liability for any such
representation being untrue or misleading.
16.6. The contract between you and mandm-wholesale-jewellery.co.uk shall
be governed by English law and you and mandm-wholesale-jewellery.co.uk
submit to the exclusive jurisdiction of the English Courts.
This website is operated by mandm-wholesale-jewellery.co.uk, M & M Wholesale
Jewellery, 8 Chelsea Gardens, Houghton Regis, Dunstable, Beds LU5 5RW, UNITED
KINGDOM ;
We recommend you print out a copy of these terms and conditions
for your future reference. If you have any questions regarding this website
please contact us.
By placing an order you agree to the terms and conditions stated above.
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