| 1 |
Definitions |
'True Sapphires' means H Macdonald T/AS True Sapphires of 38 Andrews Way, Salisbury, Wiltshire, SP2 8QR.
'Customer' means you, a customer or visitor to the True Sapphires Website.
'Carrier' means any person or business contracted by True Sapphires to carry Goods from True Sapphires to the Customer, whether all or part of the distance.
'Website' means the entire computing hardware and software installation that is or supports the True Sapphires Website.
'Goods' means any of the Goods True Sapphires offers for sale on its Website.
'Content' means information in any form published on the True Sapphires Website by True Sapphires or any third party with True Sapphires' consent. |
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| 2 |
Contract |
| 2.1 |
These terms and conditions apply: |
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2.1.1 |
so far as the context allows, to the Customer as a visitor to the True Sapphires Website; and |
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2.1.2 |
in any event to the Customer as a buyer or prospective buyer of True Sapphires Goods. |
| 2.2 |
Goods advertised may not be available. |
| 2.3 |
True Sapphires shall accept the Customer's order by email confirmation to the Customer. That is when the contract is made. True Sapphires email will confirm details of the Customer's purchase and tell the Customer when the order will be despatched. It is possible that the price may have increased from that posted on the True Sapphires Website. |
| 2.4 |
True Sapphires may change these terms from time to time. The terms that apply to the Customer are those posted on True Sapphires Website on the day the Customer orders Goods. |
| 2.5 |
All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement. |
| 2.6 |
If True Sapphires owes the Customer money, True sapphires will credit the Customer's credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of the Customer's order. |
| 2.7 |
Goods are at the Customer's risk from the moment they are picked up by the Carrier from True Sapphires. |
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| 3 |
Price And Payment |
| 3.1 |
The Customer must pay True Sapphires the full price of the Customer's order before True Sapphires will send any part of it. |
| 3.2 |
Banking charges by the receiving bank on payments to True Sapphires will be borne by True Sapphires. All other charges relating to payment in a currency other than pounds Sterling will be borne by you. |
| 3.3 |
Any details given by True Sapphires in relation to exchange rates are approximate only and may vary from time to time. |
| 3.4 |
The Customer will pay all sums due to True Sapphires under these terms by the means specified without any set-off, deduction or counterclaim. |
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| 4 |
Information The Customer Gives True Sapphires |
| 4.1 |
The Customer agrees that the Customer has provided, and will continue to provide accurate, up to date, and complete information about the Customer. True Sapphires needs this information to provide the Customer with the Goods. |
| 4.2 |
True Sapphires will use its reasonable endeavours to respond to any point of dissatisfaction by the Customer, provided the Customer contacts True Sapphires within three months of purchase. |
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| 5 |
Delivery |
| 5.1 |
Deliveries will be made by the Carrier to the address stipulated in the Customer's order. The Customer must ensure that someone is present to accept delivery. |
| 5.2 |
If True Sapphires is not able to deliver the Customer's Goods on or before the delivery date stipulated on the Customers order, the Customer shall be notified by email to arrange another date for delivery. |
| 5.3 |
True Sapphires may deliver the goods in installments if the goods are not available at the same time for delivery. |
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| 6 |
Taxes, Duties And Import Restrictions |
| 6.1 |
Except for the UK, True Sapphires has no knowledge of, and no responsibility for, the laws in the Customer's country of residence. |
| 6.2 |
The Customer is responsible for purchasing Goods which the Customer is lawfully able to import and for the payment of import duties and taxes of any kind levied in the Customer's country of residence. |
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| 7 |
Goods Returned |
| Because the Customer is buying the Goods by mail order, the Customer may have a right of cancellation (non bespoke items only). If the Customer does, (and only if the Customer does), these are the terms which apply: |
| 7.1 |
The Customer must tell True Sapphires of the wish to cancel within 7 days of receipt of the Goods; |
| 7.2 |
In any event, the Customer may not cancel orders for bespoke, handmade, specially commissioned or personalised goods; |
| 7.3 |
The Goods must be returned to True Sapphires within 21 days of the Customer telling True Sapphires of the wish to cancel: |
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7.3.1 |
with both goods and all packaging in their original condition; |
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7.3.2 |
securely wrapped; |
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7.3.3 |
including True Sapphires delivery slip; |
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7.3.4 |
at the Customer's risk and cost. |
| 7.4 |
After True Sapphires has received the Goods, True Sapphires will credit the Customer's credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt; |
| 7.5 |
If the Customer does not return the Goods to True Sapphires, the Customer is still liable to True Sapphires for the cost. |
| 7.6 |
True Sapphires is under no obligation to collect or recover Goods from the Customer, but if True Sapphires does, True Sapphire's costs will be payable by the Customer. |
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| 8 |
Disclaimers |
| 8.1 |
True Sapphires or its Content suppliers may make improvements or changes to the True Sapphires Website, the Content, or to any of the Goods, at any time and without advance notice. |
| 8.2 |
The Customer is advised that Content may include technical inaccuracies or typographical errors. |
| 8.3 |
True Sapphires gives no warranty and makes no representation, express or implied, as to: |
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8.3.1 |
the adequacy or appropriateness of the Goods for the Customer's purpose. |
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8.3.2 |
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose; |
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8.3.3 |
compatibility of True Sapphires Website with the Customer's equipment, software or telecommunications connection; |
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8.3.4 |
compliance with any law; |
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8.3.5 |
non-infringement of any right. |
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| 8.4 |
True Sapphires Website contains links to other Internet web sites. True Sapphires has neither power nor control over any such web site. The Customer acknowledges and agrees that True Sapphires shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from the Customer's use of any such web site. |
| 8.5 |
True Sapphires is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the Customer's use of the True Sapphires Website or the purchase of Goods. |
| 8.6 |
In any claim against True Sapphires, True Sapphires liability is limited to the value of the Goods the Customer has purchased in the contract which is the subject of the dispute. |
| 8.7 |
ALL SAPPHIRES SUPPLIED BY TRUE SAPPHIRES HAVE BEEN HEAT TREATED UNLESS OTHERWISE STATED. |
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| 9 |
Content And Intellectual Property Rights |
| 9.1 |
Title, ownership rights, and intellectual property rights in the Content whether provided by True Sapphires or by any other Content provider shall remain the sole property of True Sapphires and / or the other Content provider. True Sapphires will strongly protect its rights in all countries. |
| 9.2 |
The Customer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. |
| 9.3 |
The Customer may download or copy the Content only for the Customer's own personal use, provided that the Customer maintains all copyright and other notices contained in such Content. The Customer may not store electronically any significant portion of any Content. |
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| 10 |
System Security |
| 10.1 |
The Customer agrees that they will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation; |
| 10.2 |
The Customer agrees that they will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of True Sapphires Website, or any software used on True Sapphires Website, and that the Customer will not permit any other person to do so. |
| 10.3 |
The Customer understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. |
| 10.4 |
Examples of violations are: |
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10.4.1 |
accessing data unlawfully or without consent; |
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10.4.2 |
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; |
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10.4.3 |
attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, denial of service, distributed denial of service, flooding, mail bombing or crashing; |
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10.4.4 |
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; |
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10.4.5 |
taking any action in order to obtain Goods to which the Customer is not entitled. |
| 10.5 |
The Customer agrees to indemnify True Sapphires against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of: |
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10.5.1 |
any violation of system security as set out above; |
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10.5.2 |
the Customer's use of True Sapphires Website; |
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10.5.3 |
any other breach or violation of this agreement by the Customer; |
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10.5.4 |
the infringement by the Customer, or by any other user of the Customer's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of the Customer's communications. |
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| 11 |
Indemnity |
| The Customer agrees to indemnify True Sapphires against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of the Customer's use of True Sapphires Website, or the infringement by the Customer, or by any other person using the Customer's computer, of any intellectual property or other right of any person. |
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| 12 |
Contractual Limitation |
| Where True Sapphires provides Goods without specific charge, then those are deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon True Sapphires in respect of any such goods. |
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| 13 |
Rights Of Third Parties |
| Nothing in this agreement or on True Sapphires Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
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| 14 |
Severability |
| If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
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| 15 |
No Waiver |
| No waiver by True Sapphires, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
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| 16 |
Dispute Resolution |
| In the event of a dispute arising out of or in connection with these terms or any contract between the Customer and True Sapphires, then the Customer agrees to attempt to settle the dispute by engaging in good faith with True Sapphires in a process of mediation before commencing arbitration or litigation.
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| 17 |
Force Majeure |
| True Sapphires is not liable for any breach of its obligations resulting from causes beyond its reasonable control.
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| 18 |
Governing Law |
| This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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