TERMS AND CONDITIONS OF SALE1 DEFINITIONS
THE CURIOUS GEM LIMITED
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means The Curious Gem Limited. Registered office at Office 7, Albany Business Centre, Gardeners Street, Dunfermline KY12 0RN. Registered in Scotland. Company registration number: SC420806, that owns and operates www.thecuriousgem.co.uk.
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 “Website” means www.thecuriousgem.co.uk.2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 When making an order through the Website, the steps the Buyer needs to take to complete the order process are described in the FAQs
page.4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. VAT is payable on all goods delivered to EU countries. Goods delivered to countries outside the EU are not subject to VAT and this will not be charged at checkout.
4.2 The total purchase price, including VAT (if applicable) and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price plus VAT (if applicable) and delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5.4 All goods are described to the very best of the Seller's knowledge with respect to type, size, shape, colour and clarity. All stated weights and measurements are approximate.
6.1 Goods will normally be dispatched within 5 working days of acceptance of order (usually within 2 working days).
6.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7 CANCELLATION AND RETURN
7.1 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by e-mail or phone within 7 working days of receipt of the Goods. Any payments made by the Buyer shall be refunded in full within 28 days.
7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mail or phone within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
7.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
7.4 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods except for return postal charges within 28 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
7.5 Goods to be returned must clearly show the order number obtained from the Seller inside the package.
7.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8 GIFT VOUCHERS
In addition to these terms and conditions the following terms and conditions shall apply to the sale of gift vouchers:
8.1 Gift vouchers will be sent to the email address specified in the order. Payment must be made in full before dispatch of the gift voucher.
8.2 Gift vouchers can be redeemed online at www.thecuriousgem.co.uk only.
8.3 Gift vouchers cannot be exchanged, returned or redeemed for cash in part or whole.
8.4 Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired.
8.5 Gift vouchers cannot be replaced if lost or damaged.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10.1 We warrant that the goods:
- comply in material respects with their description on our website; and
- are free from material defect at the time of delivery
10.2 The descriptions of goods on our website are for identification only. The goods may vary slightly from their description, of appearance, technical specification, dimensions and weight, and performance.
10.3 If you believe that we have delivered goods which are defective in material or workmanship, you must:
- Inform us (in writing), with full details, as soon as possible; and
- Allow us to investigate (we may request photographs).
10.4 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.