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Smith & Green General T&Cs

Please read these terms of sale set out in this document (“Terms”) carefully. These Terms shall apply to all contracts entered into between Smith & Green Jewellers Limited (company no. 07786083), a limited company registered in England and Wales whose registered office is at 9 Hatton Garden, London, EC1N8AH with registered Value Added Tax (“VAT”) number 124011184 (“Smith & Green“, “we“, “our“ or “us“) and the person or entity who purchases the Product(s) from Smith & Green (“you” or “your”). By placing your Order with us you are accepting these Terms.

Our terms

1. Definitions

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

CAD: means the computer-aided design of a Product;

Event Outside Our Control: is defined in clause 10.1;

Made-to-Measure Product(s): is defined in clause 3.4;

Order: means your order for the Product(s) as set out in the invoice which accompanies these Terms;

Product(s): means the item or items that we are selling to you as set out in the Order;

Second Hand Product(s): means second-hand or antique product(s) and products sold pursuant to margin schemes, which are refurbished in our workshops;

Store: means our shop at 9 Hatton Garden, Hatton Garden, Greater London EC1N 8AH or any other such shop or business premises from where we sell the Product(s) from time to time;

Wax: means the wax models created as prototypes for a Made-to-Measure Product; and

Website: means http://www.smithgreenjewellers.com and any other websites we own or operate from time to time.

1.2 When we use the words “writing“ or “written“ in these Terms, this will include e-mail unless we say otherwise.

2. Our contract with you

2.1 These are the terms and conditions on which we supply Product(s) to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before completing your Order. If you think that there is a mistake or require any changes, please contact us to discuss.

2.3 Please read these Terms carefully. When you submit the Order to us, this does not mean we have accepted your Order for Product(s). Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Product(s), we will inform you of this and we will not process the Order.

2.4 These Terms will become binding on you and us when we issue you with a written acceptance of an Order, at which point a contract will come into existence between you and us.

2.5 The description of the Product(s), services, price, currency, VAT and delivery costs are set out on the Order. The advertising of Product(s) and services on our Website, catalogues and brochures is an ‘invitation to treat’. Orders shall be accepted at our sole discretion but are normally accepted once debit or credit card authorisation or other receipt of payment has been confirmed.  The Order reflects current pricing, stock levels have been checked or, in the case of services, we can offer the service you require.  Once we accept your Order, you shall pay the price for the Product(s) or services plus VAT and delivery and other costs specified on the Order page and we shall charge your account for payment.  Please keep your receipt for your records.

2.6 Our services will be set out on our Website or in Store.  When you purchase a Product in accordance with these Terms we will offer you, for a period of 12 (twelve) months, from the date you purchase the Product(s):

(a) one free polish of your Product(s);

(b) one free sizing (up or down) for your Product(s);

(c) one free valuation for your Product(s) for insurance purposes; and

(d) free repairs on 0.01 carat and 0.09 carat diamonds on wedding bands and engagement rings, reasonable wear and tear excepted.

2.7 If we are not able to fulfil an Order we have accepted, your credit card or debit card will be re-credited with the original price and we will notify you. In no circumstances will we be liable to you for any additional amounts. This might be because the Product(s) is out of stock, because we have identified an error in the price or description of the Product(s) or because we are unable to meet a delivery deadline you have specified.

2.8 We may need certain information from you so that we can supply the Product(s) to you, for example, measurements of any jewellery you wish to match the Product(s) to, delivery requirements and dates for delivery, and any other variable or client requirement relating to production or delivery. If so, this will have been stated in the description of the Product(s), in our brochure or on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Order (see clause 12) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Product(s) late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.  

2.9 Our Website, catalogue and brochure are solely for the promotion of our Product(s) internationally.  In exceptional circumstances, if we are not able to fulfil an Order we have accepted, your credit card or debit card will be re-credited with the original price and we will notify you by email. In no circumstances will we be liable to you for any additional amounts.

2.10 We cannot guarantee that the sale and delivery of our Product(s) to your particular country or location is permissible, so please be aware of your own geographic import restrictions.

2.11 The images of the Product(s) on our Website, catalogues and brochures are for illustrative purposes only. Although we have made every effort to display the Product(s) accurately, some items may appear slightly larger or smaller than actual size, or different colours, due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Additionally, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of the Product(s) when you receive it/them.

3. Changes to order or terms

3.1 We may revise these Terms from time to time to reflect the changes in relevant laws and regulatory requirements.

3.2 We may change our Product(s):

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements.

3.3 We will notify you if there are any changes to these Terms before you purchase your Product(s), which will then become binding on you when you purchase any Product(s) or services from us.

3.4 You may make a change to the Order for your Product(s) within 7 (seven) calendar days.

3.5 You may make a change to the Order for your Product(s) within 7 (seven) calendar days of placing an Order by contacting us, except in the case of Product(s) designed to your requirements, measurements or specification (“Made-to-Measure Product(s)”) or those Product(s) which you have ordered and which have already started to go through any stage of the manufacturing process. If it is possible, we will let you know about any changes to the price of the Product(s), the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If your requested change is likely to incur design change charges, we will charge you for any difference in the price of the Product(s) as a result of such charges. You can choose to cancel the Order in accordance with clause 11.1 in these circumstances.

3.6 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11. In the case of Made-to-Measure Product(s) or other Product(s) which you have ordered and which have already started to go through any stage of the manufacturing process, unfortunately, because we make these Product(s) to your specific requirements and/or because the Product(s) have started to go through the manufacturing process, you will not be able to cancel an Order once it is made.

4. Made-to-measure Product(s) and second hand product(s)

4.1 We make the Made-to-Measure Product(s) according to the requirements, measurements or specifications you provide us.

4.2 Please make sure your measurements, requirements or specifications for Product(s) are correct and accurate. If we are making the Product(s) to measurements you have given us you are responsible for ensuring that these measurements are correct. Unfortunately, we cannot accept the return of Made-to-Measure Product(s) if the reason for the return is because you provided us with incorrect measurements, requirements or specifications. However, this will not affect your legal rights as a consumer in relation to Made-to-Measure Product(s) that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.

4.3 We typically design CADs or Waxes for Made-to-Measure Product(s). Upon your approval of the CAD and Wax we design for you for any Made-to-Measure Product(s), you will not be able to make any further changes to the CAD or Wax without incurring a further charge. Any further charges to the CAD will cost £120 plus VAT per CAD per change, and any change to the Wax will cost £180 plus VAT per Wax per change (we reserve the right to change these prices at any time and without notice to you).

4.4 You acknowledge and agree that Smith & Green is the sole proprietor of all copyright, design rights and other intellectual property rights that may subsist in the CADs, Waxes and Made-to-Measure Product(s) that are conceived, developed or created for you in accordance with these Terms, and you shall not, by virtue of these Terms, obtain, claim or assert any rights, title or interest to the CADs, Waxes or Made-to-Measure Product(s) we create or any other Made-to-Measure Product(s) manufactured through any means, other than expressly set out in these Terms.   You shall, if requested by Smith & Green, enter into such assignments or other formal documentation as may be necessary or desirable to record or effect the vesting of the ownership of all copyright, design rights and other intellectual property rights that may subsist in such CADs, Waxes and Made-to-Measure Product(s) in Smith & Green.

4.5 Each Second Hand Product is refurbished in our workshops.  If you place an Order for a Second Hand Product, the invoice issued to you will state that it is second hand. You acknowledge and agree that Second Hand Product(s) are non-refundable and non-exchangeable.  

5. Delivery of Product(s)

5.1 We will use our reasonable endeavours to deliver the Product(s) within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of Product(s) caused by an Event Outside Our Control.

5.2 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Product(s) and your address. Please allow extra time for deliveries to outside the United Kingdom. The cost of delivery will be as told to you during the Order process.

5.3 We shall attempt to deliver the Product(s) to the address you specify for delivery, or if none, to any credit card or debit card address you supply. You are responsible for making arrangements to receive the Product(s), and if the Product(s) are held at the post office or other delivery company’s depot because no one was available when the Product(s) were delivered, then it is your responsibility to swiftly collect the Product(s). It is important that the addresses supplied by you to us are accurate.

5.4 If you have asked to collect the Product(s) from our Store, you can collect the Product(s) from us at any time during our working hours of 10:30am to 17:30 on weekdays (other than on public holidays in England) and Saturdays.

5.5 Please note that any duty and/or administration charges incurred by your parcel being delivered overseas will need to be settled by you as Smith & Green will not be held liable for these.

5.6 Delivery of an Order shall be completed when we deliver the Product(s) to the address you gave us or you collect them from us and the Product(s) will be your responsibility from that time.

5.7 You own the Product(s) once we have received payment in full.  Risk in the Product(s) will pass to you on delivery of the Product(s) to you or collection of the Product(s).

6. If the Product(s) are faulty

6.1 Please note that as each item is uniquely created, there may be an approximate 10% variation from stock models.  You acknowledge that fine and/or precious jewellery is to be treated as such and should not be worn when used in conjunction with heavy labour, going to the gym or any other likened force or stress on the Product(s). We reserve the right to reject requested refunds for items which have been damaged in any of these circumstances.

6.2 As a consumer, you have legal rights in relation to Product(s) that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6.3 Should you receive Product(s) that you have ordered that is defective, damaged or not what you ordered, please contact us as soon as possible. Our team will help you resolve any such issues as quickly as possible by, for example, delivering another item, or replacing your Order. If you have a valid claim in respect of any of the Product(s), which is based on any defect in the quality or condition of the Product(s), we shall be entitled to replace the Product(s) (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the Product(s) (or a proportionate part of the price).

6.4 If you have a valid claim based on the quality of any repairs we make to your Product(s), then we shall be entitled to rectify the defect free of charge or, at our sole discretion, refund to you the price for the repair of the Product(s). We are not responsible for damage to items before the Product(s) were in our possession or for any sentimental or other unknown value of the items.

6.5 We will not be liable for loss of or damage to any item left for repair which you do not reclaim within 6 (six) calendar months, or for the receipt for the item if it has been lost or cannot be produced.

6.6 We supply VAT refunds to customers living outside of the United Kingdom, and, if you request such a refund, you agree that we will charge you an administrative fee of thirty percent (30%) of the total VAT refund dues or a £50 fee, whichever is the greater.

7. Seller’s guarantee of product(s)

7.1 We guarantee that on delivery, and for a period of 12 (twelve) months from delivery or collection, the Product(s) shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.

7.2 This guarantee does not apply to any defect in the Product(s) arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to exercise reasonable care in using the Product(s);

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; and

(e) any specification provided by you.

7.3 This guarantee is in addition to, and does not affect, your legal rights in relation to the Product(s) that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

7.4 As far as we are aware, the diamonds used in our Products have been purchased from legitimate sources not involved in funding conflict in compliance with United Nations resolutions.  We guarantee that the diamonds in our Products are conflict-free, based on personal knowledge and/or written guarantees provided by our suppliers.  We will not knowingly sell conflict diamonds and we will use reasonable endeavours to help prevent the sale of conflict diamonds in our Store. Please note that no guarantees can be made regarding Products originating from prior to the 2003 establishment of the Kimberly Process Certification scheme.  All diamonds are of natural origin and free from treatment unless otherwise stated on our invoice to you and explained to you by us in advance.

8. Price and payment

8.1 The price of the Product(s) will be as agreed with you and as invoiced to you. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.

8.2 The prices for the Product(s) include VAT (except in respect of Second Hand Products) and any other applicable sales taxes. Any applicable delivery costs will be added to the total amount due and set out in the Order.

8.3 Upon your Order for Made-to-Measure Product(s) or Second Hand Product(s) being accepted in accordance with these Terms, but subject always to your rights of cancellation in accordance with clause 11:

(a) you will pay a minimum of 50% (fifty percent) of the purchase price for the Product(s); and

(b) you will have 45 (forty-five) days in which to pay the remaining balance even if the Product(s) is not finished.

8.4 We accept payment by credit card or debit card from all major credit card providers, including VISA and American Express. Payment must be received in full prior to release of any Product(s).  We also accept cash and online bank transfers.

8.5 Please do not try to send Orders via email, as we cannot guarantee any secure transmission of details. Orders will be confirmed at our Store with the customer present either at the point of placing the order or at collection of the relevant Product(s) for anti-fraud reasons.

8.6 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

8.7 If you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 8.6 will not apply for the period of the dispute.

8.8 If you do not pay us for a Product when you are supposed to and you still do not make payment within 7 (seven) days of us reminding you that payment is due, we may suspend delivery of the Product(s) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Product(s). We will not suspend delivery of the Product(s) where you dispute the unpaid invoice (see clause 8.7). We will not charge you for the Product(s) during the period for which they are suspended. As well as suspending the Product(s) we can also charge you interest on your overdue payments (see clause 8.6).  

9. Our liability to you

9.1 If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

9.2 To the maximum extent permitted by law, and subject to clause 9.4, our liability to you, in connection with any claim or series of connected claims under these Terms, shall not exceed the value of the Product(s) to which a claim is relevant.

9.3 We only supply the Product(s) for domestic and private use. You agree not to use the Product(s) for any commercial, business or re-sale purpose, and, subject to clause 9.4, we have no liability to you for any:

(a) loss of profit;

(b) loss of business, goodwill or reputation;

(c) loss of data or revenue;

(d) business interruption; or

(e) loss of business opportunity or loss of savings,

whether in contract, tort or otherwise arising out of, or in connection with, these Terms.

9.4 We do not exclude or limit in any way our liability for:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Product(s) Act 1979 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) and successor legislation (including the Consumer Rights Act 2015);

(e) defective Product(s) under the Consumer Protection Act 1987 and successor legislation; and

(f) any other liability which cannot be excluded by law.

9.5 We cannot be held liable for any Product that has been repaired or modified by a third party.

10. Events Outside Our Control

10.1 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.

10.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

10.3 If an Event Outside Our Control, such as delays to delivery of Product(s) you have ordered from us, takes place that affects the performance of our obligations under these Terms:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Product(s) to you or your collection of the Product(s), we will arrange a new delivery or collection date with you after the Event Outside Our Control is over.

10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Product(s). Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 (two) calendar weeks in accordance with our cancellation rights in clause 11.

10.5 We may have to suspend the supply of a Product to:

(a) deal with technical problems or make minor technical changes;

(b) update the Product(s) to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the Product(s) as requested by you or notified by us to you (see clause 3.2).

11. Your rights to cancel and applicable refund

11.1 In circumstances where you have either negotiated an Order with us at our Store at any point before we accept your Order (including where the subsequent acceptance of your Order is not made at our Store) (“On Premises Contract”), or we have accepted an Order from you while you were at our Store, the terms in this clause 11.1, and clause 11.2 and 11.3 apply. Unless you have ordered a Made-to-Measure Product, or we have already started the manufacturing process for your Product(s), or you have purchased Second Hand Product(s) (in which case, clause 11.5 applies), you may contact us to end your On Premises Contract for a Product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a Product is faulty or mis-described (see clause 6).

11.2 What happens if you have good reason for ending the contract. If you are ending the On Premises Contract for a reason set out at (a) to (e) below the On Premises Contract will end immediately and we will refund you in full for any Product(s) which have not been provided, or have not been provided properly, and you may also be entitled to further compensation. The reasons are:

(a) we have told you about an upcoming change to the Product(s) or these Terms which you do not agree to (see clause 3.2);

(b) we have told you about an error in the price or description of the Product(s) you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the Product(s) may be significantly delayed because of Events Outside Our Control;

(d) we have suspended supply of the Product(s) for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or

(e) you have a legal right to end the On Premises Contract because of something we have done wrong.

11.3 What happens if you end the On Premises Contract without a good reason. If you are not ending the On Premises Contract for one of the reasons set out in clause 11.2, the contract will not end until 30 (thirty) days after the day on which you contact us. We will refund any advance payment you have made for Product(s) which will not be provided to you, minus any costs we have incurred.

11.4 Where you negotiated and agreed the Order with us outside of our Store (“Distance Contract”), you have the following cancellation rights (unless you have ordered a Made-to-Measure Product, or we have already started the manufacturing process for your Product(s), or you have purchased Second Hand Product(s) (in which case, clause 11.5 applies). Before the Product(s) are delivered, you have the following rights to cancel an Order for Product(s) (other than as specified in clauses 11.5,  11.6 and 11.7), including where you choose to cancel because we are affected by an Event Outside Our Control:

(a) you may cancel any Order for Product(s) within 14 (fourteen) calendar days of placing an Order by contacting us (“Cooling Off Period”). We will confirm your cancellation in writing to you;

(b) if you cancel an Order under clause 11.4 and you have made any payment in advance for Product(s) that have not been delivered to you or collected by you, we will refund these amounts to you and any delivery charges;

(c) unfortunately, if you cancel an Order for Product(s) under clause 11.4 and we have already dispatched your Product(s) to you or you have already collected the Product(s), we will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Product(s) to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the Product(s) back to us. This will not affect your refund for the Product(s) themselves, but we will not refund any charges for delivery, and any charge for collection will be deducted from the refund that is due to you.

11.5 Unfortunately, as the Made-to-Measure Product(s) are made to your requirements, measurements, or specifications, you will not be able to cancel your Order once made (regardless of whether the Order is made under an On Premises Contract or Distance Contract).  You will also not be able to cancel your Order if we have already started the manufacturing process for your Product(s), or you have purchased Second Hand Product(s) (but this will not affect your legal rights as a consumer in relation to Made-to-Measure Product(s), Second Hand Product(s) or other Product(s) you have asked us to manufacture that are faulty or not as described).

11.6 For hygiene reasons, we cannot exchange or refund earrings, unless they are defective or faulty. Items bought in our sale or on promotion will not be refunded if returned after the 14 (fourteen) day Cooling Off Period, but can be exchanged within the relevant sale or promotion period. Regrettably, Made-to-Measure Product(s), items engraved or soldered cannot be refunded unless they are defective or faulty.

11.7 If we are providing repair or engraving services we cannot cancel your Order if we have already started the work. In the case of repairs and engraving, we strongly advise that you maintain adequate insurance for your jewellery while it is in our possession.

11.8 Subject to clause 11.5, if you wish to return any Product(s) purchased through a Distance Contract, you must return the Product(s) with their security tag intact (if applicable), their original packaging and proof of purchase and we will be happy to exchange or refund. You have a legal obligation to take reasonable care of the Product(s) when they are in your possession. Our returns policy does not apply to defective or damaged Product(s) or Product(s) sent to you in error, which is dealt with separately in clause 6.

11.9 If you wish to return a Product to us purchased through an On Premises Contract, please bring it in person to, or send it to us at, 9 Hatton Garden London EC1N 8AH. We highly recommend that you deliver the Product(s) in our Store for security purposes. We cannot accept responsibility for parcels lost in transit. For all returns, except where the item is faulty or dispatched in error by us, you will be required to arrange and pay for the return of the Product(s) to us.

11.10 A prompt refund of the price of the Product(s) will be issued once all the information referred to in clause 11.8 above is received.  Any credit card or debit card used for the original purchase will be credited with the original price. If there are any problems with your refund, a member of our team will contact you.

12. Our rights to cancel and applicable refund

12.1 We may end the contract if you break it. We may end the contract for a Product(s) at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, measurements of any jewellery you wish to match the Product(s) to, delivery requirements and dates for delivery, and any other variable or client requirement relating to production or delivery; or

(c) you do not, within a reasonable time, allow us to deliver the Product(s) or collect them from us.

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12.3 We may write to you to let you know that we are going to stop providing the Product(s). We will let you know at least 7 (seven) days in advance of our stopping the supply of the Product(s) and will refund any sums you have paid in advance for Product(s) which will not be provided.

12.4 We may have to cancel an Order before the Product(s) are delivered or collected by you, due to an Event Outside Our Control or the unavailability of stock. If this happens:

(a) we will promptly contact you to let you know;

(b) if you have made any payment in advance for Product(s) that have not been delivered to you, we will refund these amounts to you;

(c) except where we have already started work on your Order by the time we have to cancel, and except for Second Hand Product(s) and for Made-to-Measure Product(s), we will not charge you anything and you will not have to make any payment to us.

13. Information about us and how to contact us if there is a problem with the product(s)

13.1 If you have any questions or if you have any complaints, please contact us at 9 Hatton Garden, Hatton Garden, London EC1N 8AH. You can contact us by telephoning our customer service team at 02030770096 or by e-mailing us at info@smithgreenjewellers.com.

13.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to Smith & Green Jewellers Limited at 9 Hatton Garden, Hatton Garden, London EC1N 8AH or smithgreenjewellers.com. We will confirm receipt of this by contacting you in writing. If we have to contact you, or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provided to us in the Order.

13.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

13.4 We are under a legal duty to supply Product(s) that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product(s). Nothing in these Terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Consumer legislation (such as the Sale of Goods Act 1979 and The Consumer Rights Act 2015), which comes into force in October 2015, says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product(s) your legal rights entitle you to the following:

• up to 30 days: if your item is faulty, then you can get a refund.  

• up to six months: if your faulty item can’t be repaired or replaced, then you are entitled to a full refund, in most cases.  

• up to six years: if the item can be expected to last up to six years, and you can prove that the fault was present at the time of delivery, you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.

14. How we may use your personal information

14.1 We will use the personal information (such as your name, address, email address, and telephone number) you provide to us to:

(a) provide and/or deliver the Product(s);

(b) process your payment for such Product(s), to authenticate your identity and delivery address for the Product(s), and use your debit or credit card details or credit reports in order to validate your payment card and obtain authorisations for your payments for the Product(s); and

(c) if you agreed to this during the Order process, inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.

14.2 We will not give your personal data to any other third party unless where the law either requires or allows us to do so.

15. Other important terms

15.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under the contract or the obligations owed to you under these Terms.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 These Terms are between you and us. No other person shall have any rights to enforce any of these Terms if you transfer it to them.

15.4 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.

15.5 If we fail to insist that you perform any of your obligations 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.

15.6 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland