Terms & Conditions
ONLINE /STOCK ITEMS
These terms and conditions apply whenever you access our website and/or order goods from our website. Please read them carefully before you proceed to make your purchase as they set out important information about the basis on which we will sell goods to you. By placing an order with us you agree to be bound by these terms and conditions to the exclusion of all other terms and conditions.
New products are added daily and every effort is made to ensure our descriptions and pricing are accurate. Any orders placed where an error has been made, we reserve the right to cancel the order and offer again at the correct price.
In these Terms and Conditions the following definitions shall apply:-
“Goods” means the goods pursuant to an Order which We will supply to You in accordance with these Terms and Conditions;
“Order” means an order which You place with Us detailing the Goods You wish to buy from Us;
“We/Us/Our” means Jan Allan Jewellers Ltd (Company Number SC542992) of 31 Main Street Bothwell G71 8RD;
“Website” means Our website at www.janallanjewellers.co.uk;
“You/Your” means you, the individual using Our Website and/or buying Goods from Us.
2.1 The provisions of paragraphs 3 – 6 inclusive below detail how Our Website must be used by You and apply to all users of the Website.
2.2 The further provisions in paragraphs 7 – 13 inclusive of these Terms detail the terms that will apply when You buy Goods using the Website.
3.1 This Website is intended for use by those who are consumers.
3.2 The information on this Website is in English and all communications shall be in English.
3.3 You may be viewing the Website in a territory in which we do not commonly sell Our Goods and therefore We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents.
4.1 The copyright and other ownership rights in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us.
4.2 You must not publish, copy, distribute or modify any of the content of this Website.
4.3 Whilst anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us, any other use is strictly prohibited without Our prior written consent.
4.4 Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
- WEBSITE CONTENT
5.1 We have taken great care in creating this Website but neither We nor Our directors, employees or other representatives will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website.
5.2 Although We aim to provide information which is accurate and up to date, We do not guarantee to do so and the information contained on this Website is provided on an “as is” basis and accordingly We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law permits.
5.3 We may change, remove or in other ways adapt the content of Our Website at any time and without advance notice.
5.4 We may provide links to other websites in which case, if we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
5.5 We do not guarantee that this Website will always be available for use or be free from error, virus or similar.
5.6 We aim to ensure that the product images (both pictorial and video) on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online as we cannot guarantee that Your device accurately reflects the colour of the Goods.
- YOUR USE
6.1 Submissions or comments by You which are in any way defamatory, abusive, or which may in any way cause offence to any person are strictly prohibited.
6.2 You must use Your own identity at all times when using the Website and must ensure that all information which You provide is accurate and up to date.
6.3 You must not use information about any other person except if You have their permission to do so.
6.4 You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements.
6.5 We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
6.6 If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
6.7 We may in our sole discretion refuse access to this Website to anyone who does not comply with these Terms.
- SALE OF GOODS
7.1 The Website displays Goods which are advertised for sale by Us and gives information about them.
7.2 By advertising Goods on the Website, We are inviting You to place an Order with Us.
7.3 If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order and despatch the Goods.
7.4 Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order.
7.5 Our acceptance of Your Order and the completion of the Contract between You and Us will only take place upon despatch to You of the Goods.
7.6 You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us.
7.7 We reserve the right to refuse to supply Goods to any person.
7.8 Any variation of the Contract must be expressly agreed between You and Us.
- ORDERING PROCESS
8.1 The following provisions set out the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be created, namely:-
Selecting your Goods
You can select Goods for purchase by clicking on the item which You are interested in and then clicking on “Add to Basket”.
You can change the contents of Your basket by amending the quantity of Goods You want to order, removing any unwanted items by clicking ‘x’ and viewing the basket total value. You can then continue shopping and adding to Your basket if You wish or, go straight to the next step.
When You have finished shopping, You can proceed to Checkout by clicking on “proceed to checkout”.
You will then be asked whether You are a guest or a returning customer. To register as a guest customer You will be asked to provide details including Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Returning customers who have registered with Us will be asked for a password and e-mail address to login, each time an Order is placed.
If You are a guest customer, You will be given a list of delivery options. Once You have chosen Your option, You will be asked to enter Your delivery address. If You are a returning Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
Order Summary and Payment Information
You are then required to choose Your payment method and enter Your payment details and Your Order summary page will appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, You will be prompted to confirm.
Placing Your Order
By clicking on “Place Order & Pay”, You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. You should print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on our despatch of Your Order.
8.2 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so including where:
8.2.1 We are unable to obtain authorised payment, or the payment process is incomplete; or
8.2.2 We identify a product or pricing error on the Website; or
8.2.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
8.2.4 We suspect that Your Order is related to fraudulent activity; or
8.2.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
8.2.6 Goods are unavailable or out of stock.
8.3 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or if We are unable to accept it.
8.4 The Goods shown for sale on this Website are intended for consumer use and You must not resell Goods or offer them as part of any commercial business.
8.5 We reserve the right to limit the total value of Goods which can be included in an Order.
8.6 If the total value of Goods in Your basket exceeds the limit which We may choose from time to time, then We will contact You.
- PRICE AND PAYMENT
9.1 Prices and delivery charges are as published on the Website at the time when We accept Your Order.
9.2 All applicable delivery charges are as stated on the Website at the time You place Your Order with the delivery charge for the Order being shown on the shopping basket page below Your chosen items which means that if You order more than one item, there is no delivery charge for the additional items.
9.3 We may amend prices at any time and, where there is a difference between a price at the time the Order is made and when we despatch Your Order, We will inform You by email or telephone and ask You if You wish to proceed in which case, if You decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
9.4 We must receive payment for the Goods in full before they are despatched.
9.5 We accept payment by specified credit and debit cards but You must only use a card if You are the named cardholder and by placing an Order, You will be deemed to confirm that You are the authorised cardholder.
9.6 All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer and if the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
9.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will not be responsible for any compensation if Goods which You order are not available for any reason.
10.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a legal right to cancel the Contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after You receive the Goods.
10.2 You can cancel the Order by sending Us a cancellation form or by letting Us know either by post to c/o Jan Allan Jewellers Ltd 31 Main Street Bothwell G71 8RD, by e-mail to [email protected], or over the phone on 01698 853373. The cancellation form should follow substantially the following format:-
To Jan Allan Jewellers Ltd, 31 Main Street, Bothwell, G71 8RD, (Email: [email protected]):-
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.
10.3 On cancellation, you must return the Goods that We have delivered to You at Your own expense no later than 14 days after the day on which You inform us of Your cancellation and, subject to Condition 10.6 below, We will refund the price paid for the Goods no later than 14 days after the day on which We receive the Goods back or 14 days after the day on which We receive evidence of the Goods being returned to Us.
10.4 On cancellation, the Goods must be returned to Us at our address as stated in these Terms unused and adequately sealed in the original packaging where possible or a suitable alternative. We require that returns of Goods are shipped to Us through Royal Mail Special Delivery to ensure insurance for the Goods in transit. Please note that We do not accept liability for returned Goods which are lost in transit.
10.5 On cancellation, We will ordinarily refund the full purchase price for the Goods within 14 days of receiving the returned Goods.
10.6 Where cancellation occurs, You must take care of the Goods before You return them to Us as We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
10.7 You do not have the legal right to cancel any Order for Goods which have been personalised to your requirements such as with engraving or ring resizing.
10.8 We warrant that the Goods which we supply will be of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
10.9 If You return Goods to Us for a reason other than if You change Your mind and cancel, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods, subject to You returning the Goods to Us within a reasonable period being not more than 30 days after delivery of the Goods to You. We require that returns of Goods are shipped to Us through Royal Mail Special Delivery to ensure insurance for the Goods in transit. Please note that We do not accept liability for returned Goods which are lost in transit.
10.10 We will replace defective or faulty Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval.
10.11 In relation to defective or faulty Goods, We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us subject to stock availability.
- OUR LIABILITY
11.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
11.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THE CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US.
12.1 Your purchased item(s) will be despatched within 3-5 working days upon completion of your order, however, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay.
12.2 If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate. You shall note that at least 5 business days is required if there is a requirement for re-sizing of any Goods.
12.3 Ownership of the Goods will only pass to You upon delivery of the Goods and accordingly the Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
12.4 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us as soon as possible after You receive the Goods and become aware of the error so that we can make good any error.
12.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods.
13.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
13.2 The Contract between You and Us is binding and You may not transfer or assign Your rights or obligations to another person without Our express agreement but We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
13.3 If any clause of the Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
13.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage and, if either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
13.5 The Contract is subject to Scots law and both We and You agree that any dispute arising under or connected to it will be decided by the Scottish courts.
13.6 We may amend these Terms at any time and without notice to You and any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website but, where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.
13.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited which means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
13.8 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal and We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website.