17. ROLEX SECTION
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These terms and conditions for the supply of goods and services (the "Terms") govern the relationship between you and Hamilton & Inches Limited (reg no. SC041917) ("we"/"us") relating to the supply of goods and services from our website (at www.hamiltonandinches.com) and/or our store. Please read these Terms carefully and make sure that you understand them before placing an order, as they set out important information about your and our rights and obligations. By placing an order for any goods or services, you agree to be bound by these Terms. You may only purchase items or order services from us if you are over 18 years of age and have a valid credit/debit card.
If you are a consumer, the section below contains a summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
This is a summary of some of your key rights. It is not intended to replace the contract below, which you should read carefully. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
1.1 When the following words with capital letters are used, this is what they mean:
"Contract" means a contract between us and you for the delivery of Items or the provision of Services, comprised of an Order from you, an Order Confirmation from us and these Terms;
"Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation acts of God, governmental actions, strikes, acts of terrorism, war or national emergency, fire, explosion, flood, pandemic or epidemic, extreme weather conditions, or impossibility of the use of transport ;
"International Delivery Destinations" means those countries listed from time to time at the following web address: https://hamiltonandinches.com/pages/delivery-details;
"Items" means the items that we are selling to you or agreeing to provide a service in relation to, as set out in the Order Confirmation;
"Order" means your order for the Items or Services placed with us on our online order form or as requested in store by you to our staff;
"Order Confirmation" means the email we send to you or order form we provide to you in store confirming our acceptance of your Order, containing the Order number; and
"Services" means the services that we shall provide as set out in the Order Confirmation.
2.1 Please take the time to read and check your Order at each stage of the order process. It is your responsibility to make sure all the details in your Order are correct. If you think that there is a mistake or require any changes, please contact us to discuss.
2.2 When you submit your Order to us, this does not mean we have accepted your Order for any Items or Services. Our acceptance of the Order will take place when we issue you with an Order Confirmation, at which point the Contract will come into effect between us.
2.3 If your Order includes any bespoke or personalised Items, engraving or alteration services to be based on measurements or information you provide to us, you are responsible for ensuring such information is complete and accurate. In relation to such bespoke or personalised Items, we will: (a) in some cases, prepare and make available to you mock images or descriptions of the proposed design of the relevant Items or Services, which will be provided for illustrative purposes only and you acknowledge and agree that the Items may vary from those images and/or descriptions, including due to monitor settings and print variations; and (b) use reasonable endeavours to provide Items or Services which comply with the instructions and information that you have given to us, but you accept that the completed Items or Services may vary slightly from those instructions and the other information that you have given to us.
2.4 If we are unable to supply you with the Items or Services, or otherwise cannot accept your Order, we will inform you of this and we will not process the Order. This might be because we are unable to take payment, the product is out of stock, there has been an error in the price or description of the product or we are unable to meet a delivery deadline you have specified. We have the right to reject any Order for any reason.
2.5 We shall assign an Order number to the Order and inform you of it in the Order Confirmation. Please quote the Order number in all subsequent correspondence or discussions with us relating to the Order.
3. AVAILABILITY AND DESCRIPTIONS OF PRODUCTS
3.1 All items and services are subject to availability. We cannot guarantee that any items or services will be available within a specific timeframe.
3.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain items or services. If this happens and it affects your Order, we will notify you, cancel your Order and: (a) in respect of any affected Services, provide you with a refund of any advance payments made by you for any affected Services that have not yet been provided; and (b) in respect of any affected Items, provide you with a full refund (including any delivery costs, if applicable) which have not yet been provided.
3.3 The pictures and images of the items on our website and in-store, including of packaging, are for illustrative purposes only. Items and their packaging (including the colours) may vary slightly from those images, including due to monitor settings and print variations. Although we have made efforts to ensure the descriptions are accurate, all sizes, weights, dimensions and measurements indicated on our website are approximate only and individual items may vary, including in particular handmade items.
3.4 Unless otherwise stated, "silver" means 925 Sterling Silver, "gold" means 18 carats yellow or white gold, and diamond weights refer to the total carat weight for the item. Handmade silver is made by our workshop, located at 87 George Street, unless otherwise stated. Diamond set jewellery invariably has the diamond weight calculated with the stones already set and a minimal variance to the published weight may exist. We adhere to the Kimberley Process with regard to the sourcing of diamonds and have received written assurances from our suppliers that they do likewise. Dimensions given are approximate as the handmade nature of the items we sell means that each is individual and subject to variances.
4. RIGHTS TO MAKE CHANGES
4.1 Once an Order has been placed and accepted by us, it cannot be changed or cancelled by you, except in accordance with your rights under clause 10.However, if you wish to make a change to the Items or Services you have ordered, please contact us and we will let you know if we agree to the change. We will let you know about any changes to the price of the Items or Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm if you wish to go ahead with the change.
4.2 We may amend these Terms from time to time. Every time you order Items or Services from us, the terms in force on the date of the Order will apply to the Contract. We will not change the terms which apply to any Order you have already placed.
5. PRICE AND PAYMENT
5.1 Prices are in pounds sterling (GBP) and include VAT (where applicable) at the prevailing rate at the time of the Order. The price excludes delivery charges, which will be added to the amount due and set out in the Order Confirmation.
5.2 Our standard prices may change, but price changes will not affect Orders for Items or Services that have been confirmed as being fixed, unless there are significant unforeseeable circumstances which impact the prices, in which case we will notify you of this and discuss with you a reasonable adjustment to the price as may be required. We will usually provide you with a price estimate for Services, although the price may vary, for example, once the item has been inspected and there is a better understanding the work involved in providing the Services. We will notify you of the change to the price and ask you to confirm if you wish to go ahead based on the updated price, and if you agree, the Order Confirmation will be varied or deemed to be varied to reflect this new price.
5.3 You must make payment for your Items or Services when you place your Order by certain credit or debit card or as otherwise agreed.
5.4 It is possible that some of the Items or Services you order may be incorrectly priced or we have insufficient information to provide the price for certain Services. If the correct price of the Item or Service at your Order date is higher than the price stated, we will contact you for your instructions before we accept your Order. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
5.5 Title to Items remains with us until fully paid for by you. Risk transfers to you on delivery or when you take possession of the Item.
6.1 For online orders or where delivery services are requested, the Items will be delivered to the delivery address provided by you and/or set out in the Order. Please ensure that the address you supply to us is accurate. We are unable to deliver to P.O. Boxes. Timescales for delivery and delivery charges vary depending on the availability and the delivery address.
6.2 You will receive a dispatch confirmation by email when your Order is dispatched and your estimated delivery date will usually be: (a) the day following this for UK deliveries; or (b) 3 working days for US and EU deliveries; or (c) 7 working days for all other countries. Delivery may take longer at certain times of the year and for addresses outside the UK and some part of the UK, such as the Highlands and Islands.
6.3 We cannot guarantee delivery of any Items on the estimated delivery date. If we cannot deliver the Items to you on the estimated delivery date, we will contact you by email to advise you of this and provide a revised estimated delivery date. Our deliveries may be affected by an Event Outside Our Control. See clause 9 for our responsibilities when this happens.
6.4 If you have requested an engraving service, this will usually add a minimum of two weeks to standard delivery timeframes.
6.5 If you would like your Items to be delivered in time for Christmas or another special occasion, please telephone +44 (0)131 225 4898 or ask in store at the time you place your Order, and we will advise you as to whether we expect to be able to do this.
6.6 We will advise you of the applicable delivery charges during the online checkout process or at the time you place an Order in-store (if you request delivery) and these will be confirmed in your Order Confirmation. Delivery charges will be calculated based on the Item's weight and value and your address (and in line with carrier insurance limits).
6.7 If you are not at home or no one is available at your address to take delivery, the delivery provider should leave you a contact card so you can re-arrange delivery for a suitable time or date.
6.8 Delivery of an Order shall be completed when the Item is delivered to the address you gave us or upon pick up/collection of the Item from our store, and the Item will be your responsibility from that time. You own the Items once we have received payment in full, including all applicable delivery charges.
6.9 Your Order may be subject to import duties and taxes which are applied when the delivery reaches certain destinations. We have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties, taxes and any other similar charge payable on delivery including to an International Delivery Destination. Please contact your local customs office for further information before placing your Order.
6.10 We deliver to the International Delivery Destinations, subject to certain restrictions on some items. You must comply with all laws and regulations of the country for which the Items are destined and we will not be liable for delivering Items to the delivery address you provided.
6.11 We reserve the right to withhold the delivery of any item until full payment has been made.
7.1 Where we are required to hold any item of yours at our premises in order to perform the Services, for example for engraving, valuations, cleaning or repairs, we will notify you when the item is ready for collection, using the email, telephone number or postal address provided at the time the item was booked in for the Services.
7.2 You shall be required to collect the item within 30 days of being notified that the item is ready for collection. In the event that you fail to collect the item within 6 months of us notifying you that the item is ready for collection, you hereby irrevocably acknowledge and agree that we shall be entitled to sell the item and keep the sale proceeds including to recover our costs in performing the Services and storage of the item.
7.3 We reserve the right to withhold the collection of any item until full payment has been made.
8.1 We will use reasonable endeavours to provide the Services within the period agreed with you during the order process. For Services provided over a period of time, any completion dates stated or provided during the order process, or in the Order Confirmation, are estimates only.
8.2 Where a delay is caused by an Event Outside Our Control, we will usually try to start or restart the Services as soon as the issue causing the delay has been resolved. If the Services are delayed by more than six (6) weeks due to an Event Outside Our Control, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your Order and get a refund.
8.3 We are not liable for any losses you incur where the Services are delayed or cannot be performed including due to an Event Outside Our Control or because you fail to provide us with adequate instructions or information to allow us to perform the Services.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will use reasonable endeavours to notify you.
10. RETURNS AND APPLICABLE REFUNDS
This clause 10 only applies if you are a consumer and does not affect your statutory rights.
10.1 You have a legal right to cancel your Order in the following circumstances: (a) in respect of an Order for an Item, within 14 days of receiving delivery of the Item; and (b) in respect of an Order for Services which constitutes a distance contract or an off-premises contract (as those terms are defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (the "2013 Regulations"), within 14 days from the date you receive your Order Confirmation, provided that all other requirements of the 2013 Regulations are met.
10.2 Your right to cancel an Order or return an Item does not apply: (a) to any bespoke Items which have been made to order, made to measure or have been altered or personalised (for example, altered to your finger size or engraved) or where we have already started the work for providing these services; (b) for hygiene reasons, where you have ordered earrings and these have been unsealed (although we may, at our discretion, accept returns of earrings, subject to a cleaning charge); (c) where Items are damaged in any way or have been handled in a way which would not be permitted in a shop (although we shall be entitled to give you a partial refund in such circumstances (see clause 9)); (d) to certain branded products, including the sale of Rolex and Patck Philippe watches which are final and cannot be cancelled or returned; and (e) where you have requested for us to start performing the Services during the 14-day cancellation period and the Services are fully performed during this period.
10.3 We will not provide any Services during the 14-day cancellation period unless you request for us to do so when you place your Order or as indicated in the Order.
10.4 Subject to the rest of this clause 10, Items must be (a) returned in a saleable condition within 14 days of receiving the Order, and (b) unused and in their original packaging with seals attached and intact when they are returned to us. We reserve the right to assess the condition of any Item being returned and make any deductions if we consider it appropriate.
10.5 You are responsible for the costs associated with returns, and the risk, loss or damage to Items being returned, until they are received by us. All packaging, documentation and authenticity labels must be returned with the Items.
10.6 We are not responsible for any items that are returned to us which were not purchased from us. You should contact us to arrange the return of any such items to you (at your cost) and, if we do not hear from you, we will return the package to the relevant courier company.
10.7 If you have a right to cancel your Order, let us know that you have decided to cancel by emailing us at email@example.com or by contacting us by telephone on +44 (0)131 225 4898 or by post at 87 George Street, Edinburgh EH2 3EY, quoting your Order number and details of your Order to help us identify it.
10.8 If we agree that you have a right to cancel your Order, we will confirm your cancellation in writing by email and will provide you with a full or partial refund within 28 days of the date on which we approved the cancellation of your Order. We will refund you on the credit card or debit card that was used to pay. If you used vouchers to pay for the Items, we may refund you in vouchers. Unless the Items are faulty or not as described (see clause 11), delivery costs will not be refunded.
10.9 We are permitted by law to reduce your refund to reflect any reduction in the value of the Items, if this has been caused by improper handling. If we refund the price before we are able to inspect the goods and later discover they have been handled them in an unacceptable way, you must pay us an appropriate amount to compensate for this damage.
10.10 If the Items have been delivered to you and you then decide to exercise your legal right to cancel your Order, you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Returns should be sent to Hamilton & Inches, 87 George Street, Edinburgh, EH2 3EY in their original packaging with all labels, tags and barcodes still attached. The original packaging should be undamaged and unmarked. Unless the Items are faulty or not as described (see clause 11), you will be responsible for the cost of returning the Items to us.
10.11 If you are returning the Items to us, we recommend you send the Items back to us using a provider that provides you with proof of delivery and insurance of the goods whilst they are in transit. The Items are your responsibility until they are received by us and we are not responsible for Items lost in transit.
11. FAULTY ITEMS AND OUR SERVICE OBLIGATIONS
11.1 We are under a legal duty to supply Items or Services that are in conformity with the Contract. If you are a consumer, you have legal rights in relation to Items that are faulty or not as described. These legal rights are not affected by anything in these Terms and are in addition to your rights set out in clause 10. Any Items that we provide to you must be as described, fit for purpose and of satisfactory quality. Any Services that we provide to you must be provided with reasonable care and skill. If a time or price for the supply of Services has not been agreed upfront, we must carry out the Services within a reasonable time and for a reasonable price.
11.2 During the expected lifespan of any Items that you have purchased from us, you are entitled to the rights set out in italics on the first page of these Terms.
11.3 If you wish to exercise any of your rights under this clause 11, please notify us in writing as soon as possible and return the Items to us, in the original packaging and clearly showing the Order number. If required to do so, we will issue you with replacement Items or a full or partial refund (including delivery costs and postage costs incurred by you in returning the Items to us).
11.4 If a Service is not carried out with reasonable care and skill, you can ask us to repeat the Service or to fix it or get some money back if we cannot fix it.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 We may delay, suspend or cancel an Order before the Items are delivered or the Services are provided, including due to an Event Outside Our Control, the unavailability of stock or if there are insufficient resources to provide the Services, or if we are unable to contact you using the contact details you provided in your order process. If this happens, we will contact you to let you know and you will receive a full refund.
13. OUR LIABILITY
This clause only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the Contract or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
13.2 We only supply the Items for domestic and private use. You agree not to use the Items for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 If we have to contact you or give you notice in writing, we will do so by email, telephone or by post using the contact details you provide to us in your Order. Please see the privacy notice on our website for information on how we process personal data.
15. OTHER IMPORTANT TERMS
15.1 The Contract is between you and us. No other person shall have any rights to enforce any of its terms, except that we may transfer our rights and obligations to another organisation, provided that this does not affect your rights under the Contract or the obligations owed to you under the Contract.
15.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 If we do not insist immediately that you do anything that you are required to do under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.4 These Terms are governed by Scots law and, if you are a consumer, to submit to the non-exclusive jurisdiction of the Scottish courts and you may bring a claim to enforce your consumer protection rights in connection with this Agreement in Scotland, elsewhere in the UK or in the EU country in which you live.
16. BUSINESS CUSTOMERS
This clause 17 applies if you are a business only (and not to consumers).
16.1 You confirm that you have authority to bind the business on whose behalf you place Orders.
16.2 The Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
16.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
16.4 We only supply the Items for internal use by your business, and you agree not to use the Items for any resale purposes.
16.5 Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 and section 14 of the Sale of Goods Act 1979 (title and quiet possession, and quality or fitness, respectively); defective products under the Consumer Protection Act 1987; or any other losses which cannot be excluded by law.
16.6 Subject to clause 5: (a) we will not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: any loss of profits, sales, business, or revenue or wasted expenditure; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss, and (b) our total liability to you shall in no circumstances exceed the price paid for the Items or Services to which a claim relates.
16.7 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Items or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Items or Services are suitable for your purposes. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly and entirely excluded.
16.8 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email. A notice or other communication shall be deemed to have been received: (a) if delivered personally, when left at the address; (b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or (c) if sent by email, one working day after transmission. 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 email, that such email was sent to the specified email address of the addressee. The provisions of this sub-clause shall not apply to the service of any proceedings or other documents in any legal action.
16.9 These Terms are governed by Scots law and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.
17. ROLEX SECTION