2. CHANGES TO THESE TERMS
3. OTHER APPLICABLE TERMS
The following additional terms also apply to your use of the Website:
If you purchase goods from the Website, our terms and conditions of sale will apply to such purchases.
4. ACCESSING the Website
The Website is made available free of charge.
Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
5. Website Content
We may update the Website from time to time and may change any part of the content at any time. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
6. ACCEPTABLE USE
You must not use the Website in any way that breaches any applicable local, national or international law or regulation.
- 6.2 You may not, and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.
- 6.3 You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.
- 6.4You shall not breach or attempt to breach the security of this Website.
- 6.5When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.
- 6.7 The Website is intended exclusively for residents of the United Kingdom. We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
- 6.8 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.
- 6.9You may use the Website only for lawful purposes.
- 6.11 You may not use the Website:
- 6.11.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 6.11.2for the purpose of harming or attempting to harm minors in any way;
- 6.11.3to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- 6.11.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 6.12 If you are uploading content to the Website, the content must:
- 6.12.1 be accurate (where you state facts) or be genuinely held (where you state opinions); and
- 6.12.2 comply with applicable law in the UK and in any country from which they are posted.
- 6.13 If you are uploading content to the Website, the content must not:
- 6.13.1 contain any material which is defamatory of any person;
- 6.13.2 contain any material which is obscene, offensive, hateful or inflammatory;
- 6.13.3 promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 6.13.4 infringe any copyright, database right or trade mark of any other person;
- 6.13.5 be likely to deceive any person;
- 6.13.6 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- 6.13.7 promote any illegal activity or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- 6.13.8 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- 6.13.9 be likely to harass, upset, embarrass, alarm or annoy any other person;
- 6.13.10 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- 6.13.11 give the impression that the content emanates from us, if this is not the case.
7. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website, and the material published on it including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, "look and feel" and arrangements. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.
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 content on the Website must always be acknowledged.
You must not use the Website or any part of it for commercial purposes without obtaining a licence to do so from us or our licensors.
The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of Fraser Hart Limited or third party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
8. YOUR INFORMATION
9. uploading content
- 9.1 Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the standards set out in 6.12 and 6.13 above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
- 9.2 Any content you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy, or where otherwise required by law.
- 9.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
- 9.4 We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the standards set out in 6.13 and 6.14 above.
- 9.5 The views expressed by other users on the Website do not represent our views or values.
10. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
Certain content, products and services available via the Website may include materials from third parties and we may provide links to certain third party websites. We have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. We therefore do not warrant, endorse or accept any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you and you access such websites at your own risk.
11. LIMITATION OF OUR LIABILITY
- 11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
- 11.3 We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- 11.3.1 use of, or inability to use, the Website; or
- 11.3.2 use of or reliance on any content displayed on the Website.
- 11.4 Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 11.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
12. Governing law and jurisdiction
13. CONTACT US
Terms and conditions for the sale of goods online
This website, www.fraserhart.co.uk (the “Website”) is operated by or on behalf of Fraser Hart Limited (part of the Anthony Nicholas Group), registered in Scotland under company number SC18475 and having its registered office at 19 Queen Street, Glasgow G1 3ED. Our VAT registration number is 259903819.
In these Terms, when we refer to we, us, our etc, we are referring to Fraser Hart Limited. When we refer to you, we are referring to you, the customer.
These Terms, and any Contract between us, are only in the English language.
You can contact us by writing to us at the above address, by emailing [email protected] or by calling us on 0500 497766.
Please see section 8 below for information on how to exercise your legal right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In these Terms, when the following words with capital letters are used, this is what they will mean:
"Bespoke Items" means Goods which are made-to-measure or made to your specification, customised or custom-made, or personalised and includes (without limitation) any bespoke or engraved jewellery;
"Contract" means the contract for the purchase and sale of the Goods through the Website which is formed in accordance with section 3 below;
"Goods" means the products (including, but not limited to, watches, jewellery and rings) which we make available for sale through the Website;
"Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
"Order" means an order for Goods which you submit to us through the Website using our online ordering system; and
"Terms" means these terms and conditions of sale.
2. Placing an order online
a) In order to place an Order through the Website, you must be (i) a consumer; and (ii) over the age of 18 years. If you wish to purchase any goods or services on behalf of a business, please contact us using the details provided above.
b) When you order any Goods through the Website, these Terms will apply to that Order. As part of the order process you will be asked if you accept these Terms, so please read the Terms carefully before clicking on "I Accept". If you do not accept the Terms, then you will not be able to order any Goods through our Website.
- 2.1 In order to place an Order through the Website, you must be (i) a consumer; and (ii) over the age of 18 years. If you wish to purchase any goods or services on behalf of a business, please contact us using the details provided above.
- 2.2 When you order any Goods through the Website, these Terms will apply to that Order. As part of the order process you will be asked if you accept these Terms, so please read the Terms carefully before clicking on "I Accept". If you do not accept the Terms, then you will not be able to order any Goods through our Website.
- 2.3 You should note that, when you click on 'Place your order', you will be placing your Order and will be under an obligation to pay for the Goods (or, if you have selected the Interest Free Credit payment option, the applicable deposit for the Goods) at the time the Order is placed.
- 2.4 If we accept your Order, these Terms will form the basis of the Contract between us. Please see section 3 below for more information on how the Contract between us is formed. We do not file the Contract, so you should print a copy of these Terms or save them to your computer for future reference. You should also retain a copy of the Despatch Email for your records.
- 2.5 It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. You should note that we shall not be responsible for any errors which you make when inputting or submitting your Order. You will have the opportunity to identify and correct input errors before the Order is placed. Certain details about your Order (including details of the Goods, the total price inclusive of taxes and all delivery charges and other costs) will be displayed (by way of an Order Review screen) directly before your Order is placed.
3. How a contract is formed between us
a) When you place an Order through the Website, you are offering to buy those Goods from us. We will send you an acknowledgement email shortly after you place your Order. However, this email is simply acknowledging receipt of your Order and does not mean that your Order has been accepted. You should note that:-
- we are not obliged to accept your Order; and
- no contract exists between us for those Goods at this stage.
- 3.1 When you place an Order through the Website, you are offering to buy those Goods from us and are obliged to pay for the Goods at that point. We will send you an acknowledgement e-mail shortly after you place your Order. However, this email is simply acknowledging receipt of your Order and does not mean that your Order has been accepted. You should note that:-
- we are not obliged to accept your Order; and
- no contract exists between us for those Goods at this stage.
- 3.2 If we accept your Order, we will send you an acceptance email which confirms the details of the Goods and the total value, and also confirms that the Goods have been (or will be) despatched ("Despatch Email") . The Contract between us is formed when we send you the Despatch Email.
- 3.3 If we are unable to supply you with Goods, for example, because the Goods are not in stock, are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail or telephone and we will not process your Order. We will refund the full amount of your payment if you do not wish to order alternative Goods from us or, in the case of a pricing error, order the Goods at the correct price.
4. Our Goods
- 4.1 Whilst we display images (including photographs and product videos) of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods, but we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Goods. You should also note that images of the Goods on the Website may not be representative of the actual size of the Goods.
- 4.2 For the purpose of the Contract, the quantity, quality (where appropriate), description and any specification of the Goods will be set out in the Despatch Email.
- 4.3 We reserve the right to alter the Goods or any relative specifications (whether such specifications have been submitted by you in the Order or otherwise) at any time, if we are required to do so by law. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.
- 4.4 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these rights. In addition to your legal rights, some of the Goods we sell come with a manufacturer's guarantee. Please contact us if you want more information about any manufacturer's guarantee which applies to the Goods in your Order.
a. We will do what we reasonably can to meet the estimated delivery timeframe referred to in the Despatch Email (which timeframe will be within 30 days of the date of the Despatch Email), with the Goods to be delivered to the delivery address or Fraser Hart store specified in the Despatch Email. However please note that this date is only an estimate and may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date. You should note that, if we miss this 30 day delivery deadline, you may cancel the Contract if (i) we have refused to deliver the Goods; (ii) delivery within the delivery deadline was essential (taking all relevant circumstances into account); or (iii) you told us before we accepted your Order that delivery within the delivery deadline was essential.
b. If the Goods are being delivered to a Fraser Hart store through our Buy & Collect service, the following will apply:-
5.b.1 to collect your Goods, you must bring the following with you: Despatch Email, the card used to pay for the Goods and a passport or driver’s licence. We will not be able to give you your Goods if you do not have these items with you;
5.b.2 you must collect the Goods within 7 days of the date on which they are delivered to the store. If you do not, we will cancel the Contract and refund your payment;
5.b.3 the Buy & Collect delivery timeframe is estimated and is subject to stock availability; and
5.b.4 whilst we make every effort to have your Goods ready for collection at the agreed time, we will not be liable if we fail to do so (in part or in full) due to circumstances beyond our control.
Please note that the Buy & Collect service is not available for Orders paid for by IFC or PayPal or for Bespoke Items. Further information on our Buy & Collect service is available on our Delivery page.
- 5.1 We will do what we reasonably can to meet the estimated delivery timeframe referred to in the Despatch Email (which timeframe will be within 30 days of the date of the Despatch Email), with the Goods to be delivered to the address stated in the Despatch Email. However please note that this date is only an estimate and may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date. You should note that, if we miss this 30 day delivery deadline, you may cancel the Contract if (i) we have refused to deliver the Goods; (ii) delivery within the delivery deadline was essential (taking all relevant circumstances into account); or (iii) you told us before we accepted your Order that delivery within the delivery deadline was essential.
- 5.2 The Goods will be your responsibility from delivery. If, for whatever reason, you have not paid for the Goods in full by the time they are delivered to you, you will only own the Goods when we have received payment in full, including all applicable delivery charges.
- 5.3 Please note that express delivery is not available for the following product: Raymond Weil Freelancer Labrinth watch (5300017)
6. SPECIFIC ONLINE OFFERS
We may offer specific discounts or promotional offers from time to time. Such discount/offers will be subject to the specific terms and conditions stated on the Website in respect of these offers, in addition to these Terms.
Thomas Sabo free gift with purchase terms and conditions
- This promotion is available online at www.fraserhart.co.uk and in-store, while stocks last .
- The Thomas Sabo silver clover leaf charm free gift is only available with the purchase of the following Thomas Sabo bracelets only: Thomas Sabo X0031 (product codes 0066046a, 0066047a,0066048a, 0066049a) and Thomas Sabo X0032 (product codes 0062051, 0662052).
- A maximum of 1 free gift per order.
- Cannot be used in conjunction with any other free gift with purchase offer.
- Unwanted free gifts are not eligible for exchange or refund. If you return the bracelet with which you received the free gift, you must return both the item you paid for and the free gift. This does not affect your statutory rights.
- Offer cannot be redeemed retrospectively.
- Subject to availability, while stocks last.
- Fraser Hart reserves the right to withdraw this offer or amend the terms and conditions of this offer.
7. PRICE & PAYMENT
a ) The prices on the Website are in POUNDS STERLING and are inclusive of VAT and any other applicable taxes (which are charged at the current rate at the time of purchase). We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email or telephone and give you the opportunity to re-confirm your Order at the correct price.
b) You must pay for the Goods (or, if you have selected the Interest Free Credit payment option, the applicable deposit for the Goods) at the time of submitting your Order. Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card all amounts payable by you to us (including VAT and any other applicable taxes) in connection with your Order. If, for whatever reason, we do not accept your Order, we will refund your payment in full.
c) You may be subject to validation checks and/or third party authorisations depending on your method of payment.
- 7.1 The prices on the Website are in POUNDS STERLING and are inclusive of VAT and any other applicable taxes (which are charged at the current rate at the time of purchase). We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email or telephone and give you the opportunity to re-confirm your Order at the correct price.
- 7.2 You must pay for the Goods at the time of submitting your Order. As stated at section 2.3 above, by placing your Order you will be under an obligation to pay for the Goods at that time. Payments must be made by credit or debit card or Paypal (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card all amounts payable by you to us (including VAT and any other applicable taxes) in connection with your Order. If, for whatever reason, we do not accept your Order, we will refund your payment in full.
- 7.3 You may be subject to validation checks and/or third party authorisations depending on your method of payment.
- 7.4 Please note that, even if the Contract has been concluded, we do not have to provide the Goods to you at the incorrect price if the pricing error is obvious and could reasonably have been recognised as a pricing error.
- 7.5 The following terms will apply if you have selected the Interest Free Credit payment option:-
7.5.1 The Interest Free Credit facility is provided by Hitachi Capital UK Plc (“Hitachi Capital”), which is authorised and regulated by the Financial Conduct Authority;
7.5.2 To be eligible to apply for Interest Free Credit, you must be over the age of 18, work at least 16 hours a week in a permanent job, or be retired with an income. You must also be a resident of the United Kingdom and have lived in the UK for the last 12 months or more;
7.5.3 Interest Free Credit is available on jewellery and watch purchases over £350, but Fraser Hart gift cards are excluded. The Goods must be delivered to your billing address, or to a Fraser Hart store, so please ensure this is selected in the ‘Delivery Details’ section of Checkout;
7.5.4 If you wish to pay for your Goods by way of Interest Free Credit, you should select ‘Pay in monthly instalments with 0% Interest FREE Credit’ from the list of payment methods which are displayed on the Checkout screen. You will be presented with a finance calculator which you can use to select your preferred payment terms and deposit amount;
7.5.5 If you wish to proceed, you must pay the deposit at this stage in accordance with section 7.2. You will then be re-directed to Hitachi Capital’s website to complete your credit application. You should note that the credit application is subject to Hitachi Capital’s terms and conditions, and it will be assessed and processed by Hitachi Capital;
7.5.6 Once you have completed the credit application, you will be taken back to the Fraser Hart website;
7.5.7 If your credit application is approved, you will receive an email from Hitachi Capital advising you of how to download the Hitachi Capital finance agreement. Please read this carefully checking that all the details are correct. If you wish to proceed, you should follow Hitachi Capital’s instructions for signing and returning the finance agreement to them;
7.5.8 As soon as we receive confirmation from Hitachi Capital that your agreement has been finalised, we will process your Order. If we accept your Order, we will send you the Despatch Email referred to in section 3.2;
7.5.9 If the Goods are being delivered to a Fraser Hart Store, you must bring the following with you: Despatch Email, the card used to pay the deposit for the Goods and a passport or driver’s licence. We will not be able to give you the Goods if you do not have these items with you. Whilst we make every effort to have your Goods ready for collection at the agreed time, we will not be liable if we fail to do so (in part or in full) due to circumstances beyond our control;
7.5.10 You should note that we will not allocate the Goods to your Order until Hitachi Capital have confirmed to us that your credit agreement has been finalised. If the Goods are not available at that time, we will contact you to let you know. If we are unable to accept your Order, we will refund the deposit that you have paid. Further information on the Interest Free Credit payment option is available on the Interest Free Credit page on our website .
8. YOUR RIGHT TO CANCEL
a) If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the cancellation period set out below in section 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. However this cancellation right does not apply in the case of any Bespoke Items. Also, where the Goods are sealed for hygiene or health protection reasons (for instance, earrings or other pierced items), you will lose your right to cancel the Contract if the Goods are unsealed after delivery. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
b) You may cancel a Contract at any time from the date of the Despatch Email until the date which falls 14 (fourteen) calendar days after the day the Goods are delivered to you or, in the case of our Buy & Collect service, collected by you. If you are paying for the Goods by way of Interest Free Credit, your credit agreement will be automatically cancelled if you cancel the Contract within this cancellation period.
- 8.1 If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in section 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any Bespoke Items. Also, where the Goods are sealed for hygiene or health protection reasons (for instance, earrings or other pierced items), you will lose your right to cancel the Contract if the Goods are unsealed after delivery. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- 8.2 You may cancel a Contract at any time from the date of the Despatch Email until the date which falls 14 (fourteen) calendar days after the day the Goods are delivered to you or, in the case of our Buy & Collect service, collected by you.
- 8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation form on our Website. A link to the Website cancellation form will be included in our Despatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also email us at [email protected] or contact our Customer Services team by telephone on 0500 49 77 66 or by post to Fraser Hart Limited, 19 Queen Street, Glasgow 41 3ED. If you are e-mailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
- 8.4 If you cancel the Contract we will:
- 8.4.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by you handling them in a way which would not be permitted in a shop;
- 8.4.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);
- 8.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 8.4.3a if you have received the Goods and we have not offered to collect them from you under section 8.7.1: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence (for example, proof of posting) that you have sent the Goods back to us;
- 8.4.3b if you have not received the Goods or you have received them and we have offered to collect them from you under section 8.4.1: 14 days after you inform us of your decision to cancel the Contract.
- 8.5 If you have returned the Goods to us under this section 8 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- 8.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods we may refund you in vouchers.
- 8.7 If the Goods have been delivered to you before you cancel the Contract:
- 8.7.1 then you must return the Goods to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send the Goods to Fraser Hart Limited, 19 Queen Street, Glasgow G1 3ED or return the Goods to one of our stores. When you notify us of your decision to cancel, we may (in exceptional circumstances and at our discretion) offer to collect the Goods from you. In such circumstances, we will collect the Goods from the address to which they were delivered and we will contact you to arrange a suitable time for collection;
- 8.7.2 unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If we have offered to collect the Goods from you, we will charge you the direct cost to us of collection.
- 8.8 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. CANCELLATION BY US
- 9.1 We may cancel any Contract (or any part of the Contract) if for any reason the Goods are withdrawn by the manufacturer or by order of any governmental authority, in which event we will notify you by email and refund any payments you have made in respect of the Goods.
10.1 With the exception of any Bespoke Items, Goods are subject to a 30 day money back guarantee provided that they are returned to us in their original condition and packaging within 30 days of the date of delivery to you. The Goods must also be accompanied by our despatch paperwork. Prior to returning the Goods, you should contact us at [email protected] or 0500 49 77 66. Items may be returned direct to Fraser Hart Online Returns, 19 Queen Street, Glasgow G1 3ED or to one of our stores. Please note; Orders paid for using PayPal or Interest Free Credit cannot be returned in-store, they must be sent by post for the refund to be processed. Subject to your statutory rights, Goods which have hygiene seals cannot be returned under this section 10 if they have been unsealed.
- 10.2 Some of our Goods are subject to a manufacturer's guarantee. Such a guarantee is in addition to your legal rights in relation to faulty Goods or which are not as described. If you suspect that the Goods are faulty or defective, you must notify us (by emailing [email protected], calling 0500 49 77 66 or calling into one of our stores) as soon as you become aware of the defect. Your remedies in respect of any such alleged defect will depend on the terms of the manufacturer's guarantee. These guarantees often contain time limits, so it is important that you notify us as soon as possible. If the Goods are still within the manufacturer's guarantee period, we will return them to the manufacturer for testing. The manufacturer will determine if the Goods are defective and we will notify you in writing of the manufacturer's decision, the amount of any refund which is to be paid to you and when such payment will be made.
See the Fraser Hart diamond guarantee
- 10.3 If you are returning Goods to us by post or courier, we strongly recommend that you send them by Royal Mail Special Delivery (or an equivalent "signed for" delivery service) to ensure proof of delivery and insurance for the Goods whilst they are in transit. We cannot be responsible for any Goods which are lost in transit. Alternatively you may take the Goods, with proof of purchase, directly to any Fraser Hart store. Refunds will only be made to the card used to purchase the Goods.
- 10.4 Except as expressly provided in this section 10, this Website, the service, and the Goods are provided on an "as is" and "as available" basis. The express warranties stated above are in lieu of all other warranties, express or implied or statutory, including without limitation any implied warranties of merchantability or fitness for a particular purpose and any warranty of non-infringement.
- 10.4 Extended Christmas Returns: Fraser Hart are happy to extend our normal exchange and returns policy until Wednesday 6th January 2015 if your early purchase falls outside our normal 30 day refund guarantee. Standard terms and conditions apply
11. OUR LIABILITY
- 11.1 If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We will not however be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- 11.2 Nothing in these Terms shall limit any rights you might have as a consumer or other legal rights that may not be excluded by law. We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective products under the Consumer Protection Act 1987.
- 12.1 We will endeavour to process refunds as follows:-
- 12.1.1 if we have not accepted your Order, within 30 calendar days of us notifying you by email of this;
- 12.1.2 if you are cancelling under section 10 of these Terms (and provided the requirements of section 10 have been met), within 30 calendar days of us receiving the returned Goods from you.
- Where you have exercised the right to cancel under section 8 of these Terms, your refund will be processed in accordance with section 8.
- 12.2 Refunds are made in the same form of payment originally used for purchase. When a refund is made to a credit or debit card or Paypal it may not show up in your account straight away as the clearing banks take time to process the refund. Typically this can take up to 7 (seven) working days, but varies depending on your own bank. If you would like further clarification on the timescales involved, please contact your card issuer.
13. Your information
14. Other Important legal terms
- 14.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.
- 14.2 Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or part of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
- 14.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will do so only in writing, but that will not mean that we automatically waive any later default by you.
- 14.4 We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
- 14.5 We may transfer our rights and obligation under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing to such a transfer.
- 14.6 These Terms are governed by Scots law. This means that a Contract for the purchase of Goods through the Website and any dispute or claim arising out of or in connection with it will be subject to the laws of Scotland. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. Therefore, if you are a resident in England or Wales you may also bring proceedings there.