TERMS OF WEBSITE USE
- Information about us
- Accessing our site
- Intellectual property rights
- Our site changes regularly
- Our liability
- Information about you and your visits to our site
- Transactions concluded through our site
- Viruses, hacking and other offences
- Linking to our site
- Jurisdiction and applicable law
- Trade marks
Information about us www.bentley-skinner.co.uk is operated by Bentley & Skinner (Bond Street Jewellers) Limited. We are registered in England under company number 356125 and have our registered office at 145-157 St John Street, London, EC1V 4PY. Our VAT number is 239 7927 12.
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 and without liability to you. From time to time, we may in our sole discretion restrict, suspend or change access to some parts of our site, or our entire site, temporarily or permanently to certain users.
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.
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.
However, 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.
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.
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 Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
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 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, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and 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.
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 and conditions of sale.
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.
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. 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 firstname.lastname@example.org
Jurisdiction and applicable law The English courts will have non-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.
Trade marks The name and mark Bentley & Skinner and all other Bentley & Skinner related marks depicted in this site, whether registered or unregistered, are trade marks or service marks of Bentley & Skinner (Bond Street Jewellers) Limited.
TERMS AND CONDITIONS
These terms and conditions (together with any other policies or documents referred to in them) apply to the purchase of the products (Products) listed on our website www.bentley-skinner.co.uk (our site). Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our site.
If anything in these terms and conditions conflicts with the information on our site these terms and conditions shall prevail.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. About Us
www.bentley-skinner.co.uk is operated by Bentley & Skinner (Bond Street Jewellers) Limited. We are registered in England under company number 356125 and have our registered office at 145-157 St John Street, London, EC1V 4PY. Our VAT number is 239 7927 12.
2.1 All orders are subject to availability.
2.2 As we process your order, we will inform you by e-mail if any items are unavailable. Please note that the Products are not reserved for you until you have completed the checkout process on our site.
3. Acceptance of Orders
3.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by these terms and conditions.
3.2 To place an order, you will be required to provide complete and accurate personal details on the order form. This will include: title, surname, first name, email address, telephone number, invoicing and delivery address.
3.3 After placing an order, you will receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on these terms and conditions. All orders are subject to acceptance by us and we will confirm such acceptance by sending you a personal order confirmation e-mail (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4. Consumer rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of personalised Products.
4.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
4.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5. Price and Payment
5.1 The price of the Products will be as quoted on our site from time to time, except in cases of obvious error.
5.2 Product prices in GBP (£) are inclusive of sales tax. Anyone exporting goods to a non-EC country will be entitled to a refund of the sales tax. If the rate of tax changes between the date of your order and the Order Confirmation, we will adjust the tax you pay, unless you have already paid for the Products in full before the change in tax takes effect.
5.3 Deliveries to addresses within the UK and Channel Islands will not incur any additional charges. If you require delivery outside of this area please contact us to discuss delivery options.
5.4 Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5.5 Whilst we use our best efforts to try and ensure that all prices on our site are accurate, sometimes errors do occur. We will normally verify prices as part of our Order Confirmation. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
5.6 Notwithstanding the fact that no Contract is formed until we send you an Order Confirmation, for the avoidance of doubt if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
5.7 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Maestro and American Express. All orders placed are charged for immediately at the time of ordering.
5.8 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order.
5.9 Customer credit notes issued by us cannot be used for purchasing items on our site.
6.1 Your order will be delivered during normal business hours, once payment has been made, to the invoicing address of the card you pay with. If you wish the item to be delivered to a different delivery address for insurance purposes you will need to pay with a debit card rather than a credit card.
6.2 Deliveries require a signature on delivery. For this reason, it is not possible to deliver to a PO Box address or a hotel. For information concerning import duty and taxes outside of the United Kingdom, please see clause 11 below.
7. Risk for Damage and Ownership
7.1 The Products will be your responsibility from the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage, please make a note on the delivery slip and contact customer services.
7.2 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges.
8. Returns and Refunds Policy
8.1 In addition to your statutory rights if you are not completely satisfied with your purchase, you can return it to us with proof of purchase within 30 days of receiving the Product and we will arrange for an exchange, subject to availability, or a refund. In these circumstances you are responsible for the cost of returning the Product to us in an undamaged state. The right to an exchange or refund in this clause 8.1 does not apply to personalised Products.
8.2 If you return a Product to us: (a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us; (b) for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, plus any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.3 We will refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. Our liability
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 10.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: (a) loss of income or revenue;
(b) loss of business;
(c) loss of profits.
However, this clause 10.2 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 categories (a) to (c) inclusive of this clause 10.2.
10.3 Nothing in this agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. Import Duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. 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.
11.2 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 liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Bentley & Skinner (Bond Street Jewellers) Limited at 55 Piccadilly, London, W1J 0DX, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 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.
14.3 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.
15. Events Outside our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(f) pandemic or epidemic.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These terms and conditions 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.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19. Our Right to Vary these Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 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 these 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 these terms and conditions before we send you the Order 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).
20. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.