Our Terms & Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further
reference to you, you must read these terms and conditions to make sure they contain all that
you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the
Customer or you). We are Eilatan Jewellery (Maker: Natalie Ifill) of 43 Camborne
Road, London, SM2 6RF with email address hello@eilatanjewellery.com; (the
Supplier or us or we)
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods,
you agree to be bound by these Terms and Conditions. Before placing an order on the
Website, you will be asked to agree to these Terms and Conditions by clicking on the
button marked ‘I Accept’. If you do not click on the button, you will not be able to
complete your Order. You can only purchase the Goods from the Website if you are
eligible to enter a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly
outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of
the Goods;
5. Delivery Location means the Supplier’s premises or other locations where the Goods
are to be supplies, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information
to be addressed personally to the recipient, enables the recipient to store the
information in a way accessible for future reference for a period that is long enough
for the purpose of the information, and allows the unchanged reproduction of the
information stored;
7. Goods means the goods advertised on the Website that we supply to you of the
number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted
following the step-by-step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and
personal information received from you via the Website;
10. Website means our website www.eilatanjewellery.com on which the Goods are
advertised.
Goods
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and
there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability
14. We can make changes to the Goods which are necessary to comply with any
applicable law or safety requirement. We will notify you of these changes.
Personal Information and Registration
15. When registering to use the Website you may choose to set up a username and
password. You remain responsible for all actions taken under the chosen username
and password and undertake not to disclose your username and password to anyone
else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and
by pre-paid post and you expressly agree to this.
Basic of Sale
18. The description of the Goods in our website does not constituent a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for
any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend
any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an
email from us confirming the Order (Order Confirmation). You must ensure that the
Order Confirmation is complete and accurate and inform us immediately of any
errors. We are not responsible for any inaccuracies in the Order placed by you. By
placing an Order you agree to us giving you confirmation of the Contract by means of
an email with all information in it (ie the Order Confirmations). You will receive the
Order Confirmation within a reasonable time after making the Contract, but in any
event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 5 days from its date unless we
expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by
the Customer and the Supplier in writing.
23. We intend that these Terms and Condition apply only to a Contract entered by you as
a Consumer. If this is not the case, you must tell us, so that we can provide you with a
different contract with terms which are more appropriate for you and which might, in
some respects be better for you, eg by giving you right as a business.
Price and Payment
24. The price of the Goods and any additional delivery or other charges is that set out on
the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your recredit or debit card details with your Order and
we can take payment immediately or otherwise before delivery.
Delivery
27. We will deliver the Goods, to the Delivery Location by the time or within the agreed
period or, failing any agreement, without undue delay and in any event, not more then
50 days after the day on which the Contract is entered.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods
on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. We have refused to deliver the Goods, or if delivery on time is essential
considering all the relevant circumstances at the time the Contract was made, or
you said to us before the Contract was made that delivery on time was essential;
or
b. After we have failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period
29. If you treat Contract at an end, we will (in addition to other remedies) promptly return
all payments made under the Contract.
30. If you were entitled to treat the Contract at an end, but do not do so, you are not
prevented from cancelling the Order for any Goods or rejecting Goods that have been
delivered and, if you do this, we will (in addition to other remedies) without delay,
return all payments made under the Contract for any such cancelled or rejected
Goods. If the Goods have been delivered, you must return them to us or allow us to
collect them from you and we will pay the costs of this.
31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you
cannot cancel or reject the Order for some of those Goods without also cancelling or
rejecting the Order for the rest of them.
32. We do accept International Orders, however if we deliver to an address outside
England, Wales, Scotland, Northern Ireland, Isle of Man or the Channels Island then
you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or
other genuine and fair reason, subject to the above provisions and provided you are
not liable for extra charges
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at
the Delivery Location, we may charge the reasonable costs of storing and redelivering
them
35. The Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods before
accepting them.
Risk and Title
36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are
delivered to you.
37. You do not own the Goods until we have received payment in full. If full payment is
overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel
any delivery and end any right to use the Goods still owned by you, in which case you
must return them or allow us to collect them.
Withdrawal, returns and cancellation
38. You can withdraw the Order by telling us before the Contract is made, if you simply
wish to change your mind and without giving us a reason, and without incurring any
liability.
39. This is a distance contract (as defined below) which has the cancellation rights
(Cancellation Rights) set out below. These Cancellation Rights, however, do not
apply, to a contract for the following’s goods (with no others) in the following
circumstances:
a. Those for goods prepared to order to the specific requirements of the customer.
b. Those for urgent or specifically requested repair or maintenance services.
40. Also, the Cancellation Rights for a Contract cease to be available in the following
circumstances:
a. In the case of a contract for the supply of certain goods which are not suitable for
return due to health protection or hygiene reasons such as earrings, or body
jewellery.
b. In the case of any sales contract, if the goods become mixed inseparably
(according to their nature) with other items after delivery.
c. The goods are being sold at a discounted rate due to any imperfections or faults,
where we highlight the issues explicitly before the Contract has been made.
Right to cancel
41. Subject as stated in these Terms and Conditions, you can cancel this contract within
14 days without giving any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire,
or a third party, other than the carrier indicated by you, acquires physical possession
of the last of the Goods.
43. To exercise the right to cancel, you must inform us of your decision to cancel this
Contract by a clear statement setting out your decision (via email). In any event, you
must be able to show clear evidence of when the cancellation was made.
44. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has
expired.
Effects of cancellation in the cancellation period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all
payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the least
expensive type of standard delivery offered by us)
Deduction for Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods
supplied, if the loss is the result of unnecessary handling by you (ie handling the
Goods beyond what is necessary to establish the nature, characteristics and
functioning of the Goods: eg it goes beyond the sort of handling that might be
reasonably allowed in a shop). This is because you are liable for that loss and, if that
deduction is not made, you must pay us the amount of that loss.
47. We will also make a deduction from the reimbursement for any items in our “Hope
Collection” due to the charity donation made once the order is fulfilled. This is
usually 10% of the proceeds of the item, unless expressed otherwise. All remaining
money, minus this amount, will be reimbursed.
Timing of reimbursement
48. If we have not offered to collect the Goods, we will make the reimbursement without
undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make
the reimbursement without undue delay, and no later than 14 days after the day on
which we are informed about your decision to cancel this Contract.
49. We will make the reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of the reimbursement.
Returning Goods
50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 14 Saffron House, 43 Camborne Road, Sutton, SM2 6RF, United Kingdom without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days have expired. You agree that you will have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
a. Distance contract means a contract concluded between a trader and a consumer
under an organised distance sales or service-provision scheme without the
simultaneous physical presence of the trader and the consumer, with the exclusive
use of one or more means of distance communication up to and including the time
at which the contract is concluded;
b. Sales contract means a contract under which a trader transfers or agrees to transfer
the ownership of goods to a consumer and the consumer pays or agrees to pay the
price, including any contract that has both goods and services as its object
.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract and will not
have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. Be of satisfactory quality
b. Be reasonable fit for any particular purpose for which you buy the Goods which,
before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. Conform to their description
54. It is not a failure to conform if the failure has its origin in your materials.
55. We will immediately, or within a reasonable time, give you the benefit of the free
guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce
your legal rights.
Successors and our sub-contactors
56. Either party can transfer the benefit of this Contract to someone else and will remain
liable to the other for its obligations under the Contract. The Supplier will be liable
for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
57. In the event of any failure by a party because of something beyond its reasonable
control:
a. The party will advise the other party as soon as reasonably practicable; and
b. The party’s obligations will be suspended so far as is reasonable, provided that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
58. Your privacy is critical to us. We respect your privacy and comply with the General
Data Protection Regulation regarding your personal information.
59. These Terms ad Conditions should be read alongside, and are in addition to our
policies, including our privacy policy.
60. For the purposes of these Terms and Conditions:
a. ‘Data Protections Laws’ means any applicable law relating to the processing of
Personal Data, including but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EUE) 2016/679
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
61. We are a Data Controllers of the Personal Data we Process in providing Goods to you.
62. Where you supply Personal Data to us so we can provide Goods to you, and we
process that a Personal Data while providing the Goods to you, we will comply with
our obligations imposed by the Data Protection Laws:
a. A before or at the time of collecting Personal Data, we will identify the purposes
for which information is being collected;
b. We will only Process Personal Date for the purposes identified;
c. We will respect your rights in relation to your Personal Data; and
d. We will implement technical and organisational measures to ensure your Personal
Data is secure
63. For any enquires or complaints regarding data privacy, you can e-mail:
hello@eilatanjewellery.com
Excluding liability
64. The supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the supplier’s legal
obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which
would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
65. The Contract (including any non-contractual matters) is governed by the law of
England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or,
where the Customer lives in Scotland or Northern Island, in the courts of respectively
Scotland or Northern Ireland.
67. We try to avoid any dispute, so we deal with complaints in the following way:
If a problem occurs customers should contact us as soon as possible so we can make
an informed decision and find a possible solution. We will aim to respond with an appropriate solution within 5 days of being notified by the Customer.