Terms and Conditions

By using www.somethingprecious.co.uk, or by purchasing goods or services from Something Precious, you are acknowledging your consent to these terms and conditions. These terms and conditions may change at any time and without notice at our sole discretion, although the current terms and conditions will be shown here. In these terms and conditions, the following words and phrases shall mean as follows:

“the Customer” means the person or company who purchases the Goods from Something Precious. Something Precious is a partnership with two partners: David Mudge and Amanda Mudge;

“Contract” means the contract between Something Precious and the Customer which shall incorporate these Terms;

“Goods” means any goods agreed in the Contract to be supplied by Something Precious to the Customer;

“Place of Delivery” means the place to which the Goods are to be delivered.

In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

Privacy Policy

Something Precious is committed to keeping your data secure. We will not sell or pass on your details to third parties except when required to do so by law. Something Precious may occasionally contact you by email to inform you of collections or promotions that may interest you. Please let us know if you do not want to receive any such communication from us.

Payments via PayPal are subject to PayPal's privacy policy.

Import Duty

When items are purchased from outside the EU, or to be delivered outside the EU, it is the responsibility of the Customer to pay import duty or other local taxes if/when necessary. Goods sent but held in customs will be considered as delivered.

Website content

Something Precious aims to ensure that all images and descriptions accurately describe the items for sale. Something Precious does not, however, guarantee the accuracy of the information on www.somethingprecious.co.uk, including, but not limited to images, product names, product descriptions, health and safety information, and the correct functioning of the web site. All information on www.somethingprecious.co.uk is subject to change at any time and without notice. Images may be displayed differently on different web browsers and on different monitors. The web site may also function differently on different web browsers. Something Precious takes precautions to protect the security of this web site, but cannot guarantee that the web site is free from computer viruses or other harmful software, and so, as with any web site, Something Precious recommends that you take appropriate precautions.

Termination of the web site or services

Something Precious reserves the right to terminate or suspend this web site (or any services provided by the web site) at any time and without notice. Product Availability is subject to change without notice. Something Precious reserve the right to change product prices at any time and without notice.

Contract Formation

These Terms shall apply to the Contract to the exclusion of all other terms and conditions including any terms and conditions that are purported to be included or applied by the Customer such as any terms and conditions contained in the confirmation of order, purchase order or other similar document provided by the Customer. Any variation in these Terms (including any special terms and conditions agreed between Something Precious and the Customer) shall be inapplicable unless agreed in writing between Something Precious and the Customer. Unless otherwise agreed in writing, no contract will be considered formed between the Customer and Something Precious for the sale of any items until Something Precious has received cleared payment.

Delivery

Something Precious shall not accept responsibility for notifying carriers (on behalf of the Customer) of any claims for loss damage or delay in transit or for mix-delivery or non-delivery unless the Customer puts Something Precious in possession of relevant information in reasonable time for Something Precious to comply with the appropriate claims procedures. Goods must be examined on receipt, and if damaged, signed for as such with immediate advice to Something Precious. If the above procedure is not adhered to Something Precious cannot accept responsibility. The liability of Something Precious for loss or damage in transit shall not exceed replacement of the Goods shown to be lost or damaged or, at Something Precious' option, reimbursement of the price received for the Goods. All further claims for damages, howsoever arising, are hereby expressly excluded.

Any dates specified by Something Precious for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within reasonable time. Subject to the other provisions of these Terms, Something Precious shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Customer to terminate or rescind the Contract unless the delay exceeds 60 days.

Risk

Risk In the Goods passes to the Customer when the Goods are off loaded from Something Precious or its agents vehicle at the point of destination or (in a case where Something Precious or its agent does not effect delivery) at the time when the Goods leave Something Precious' premises or (in a case where the Customer is to collect the Goods, and if earlier) seven days after notification to the Customer that the goods are ready for despatch. Any storage of the Goods on Something Precious' premises after the expiry of the latter period of seven days is at the Customer's risk.

Ownership of the Goods

Ownership of the Goods shall not pass to the Customer until Something Precious has received in full in cleared funds all sums due to Something Precious in respect of the Goods and all other sums which are or may become due to Something Precious from the Customer on any account. Until ownership of the Goods has passed to the Customer, the Customer shall:

• hold the Goods on behalf of Something Precious;
• store the Goods separately in such a way that they remain identifiable as the property of Something Precious;
• not destroy or damage or change the Goods or their packaging;
• maintain the Goods in satisfactory condition.

Notwithstanding this ownership provision, Trade Customers shall be entitled to sell the Goods to a third party within the framework of the normal carrying on of its business and to deliver them to such third party on condition that, in so far as the Customer has not fully discharged its indebtedness to Something Precious the Proceeds of sale shall be held by the Customer for the account of Something Precious.

Payment

Unless otherwise agreed in writing between Something Precious and the Customer, payment is required in full before an order will be processed. Payment shall not be deemed to have taken place until receipt by Something Precious of cleared funds.

Warranty and Cancellation of Contract

Retail Customers may cancel their order subject to the terms and conditions detailed in our Returns Policy. Something Precious reserve the right to cancel any order (or part order) at any time at their sole discretion. Examples of when Something Precious may cancel an order include:

• when the items are not in stock
• when the payment has not been authorised or confirmed
• there is an error on the website regarding the price or description of one of the products purchased
• receipt of a request to cancel the order from you

In the event of such cancellation by Something Precious, any money paid in respect of the order (or part order) will be refunded.

Something Precious warrants that the Goods are of satisfactory quality. If the Customer wishes to make a claim under this warranty, the Customer shall give written notice to Something Precious within 7 days of the discovery of the defect. The Customer shall be responsible for returning the Goods to Something Precious.

Claims under this warranty cannot be made for variations in shape and colour of handmade Goods. Such variations are normal and part of the nature of handmade Goods. Something Precious shall not be liable for any breach of warranty if Customer alters or repairs the Goods without the agreement of Something Precious.

Something Precious' liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.

Health and Safety

Broken ceramic jewellery can have sharp edges so should not be worn and should be disposed of with care. Something Precious do not consider the jewellery suitable for children.

Liability

Something Precious shall not be liable for any direct or indirect loss whatsoever including, but not limited to, direct or indirect loss of profit, data loss, loss or claim by third parties arising out of the use of somethingprecious.co.uk, or any loss resulting from the products or services purchased from Something Precious. Something Precious will not be liable even if Something Precious could have foreseen the loss or were notified of the possibility of such a loss occurring. Something Precious' maximum liability shall not exceed the price paid for the products or services purchased.

Force Majeure

If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

Links

Something Precious accepts no liability in respect of any third party links on somethingprecious.co.uk. Something Precious does not control these third party sites nor does it monitor them.

Intellectual Property

This site and the products advertised are protected by copyright law. You may not copy any part of www.somethingprecious.co.uk or copy any of the products advertised on this site without written consent from us.

Validity

If something in these terms and conditions is determined to be unlawful, invalid or unenforceable, the remaining terms and conditions will still apply.

Governing Law

These terms and conditions are governed by the law of England.