Welcome to the Acotis Jewellery website terms
and conditions for use.
These terms and conditions apply
to the use of this website.
By accessing this website and/or placing an order,
you agree to be bound by theses terms and conditions.
Using this website indicates that
you accept theses terms regardless of whether or
not you choose to register with us or order from
us. If you do not accept these terms, please do
not use this website.
Our contact details are as follows:
2a Castle Terrace, Bridgnorth, Shropshire, United Kingdom, WV16 4BW
Web Address: www.acotis.co.uk
General email:
Telephone number: 0845 6521 392
1. INTRODUCTION
1.1 You will be able to access all
areas of this Website without registering your details
with us.
1.2 We may revise these terms and
conditions at any time by updating this posting.
You should check this Website from time to time
to review the then current terms and conditions,
because they are binding on you. Certain provisions
of these terms and conditions may be superseded
by expressly designated legal notices or terms located
on particular pages of this Website. If you do not
wish to accept any new terms and conditions after
we have given notice, you should not continue to
use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order
with us by ordering via our online checkout process.
As part of our checkout process you will be given
the opportunity to check your order and to correct
any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes
place when we despatch the order. A legally binding
contract is only then brought into existence between
us. We will send you a despatch confirmation by
email. When we despatch the order the purchase contract
will be made even if your payment has been processed
immediately, unless we have notified you that we
do not accept your order or you have cancelled your
order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation
for your payment;
(c) if there has been a pricing
or product description error;
(d) if you do not meet any eligibility
criteria set out in our terms and conditions.
(e) where it might not be possible
to deliver to the location requested
3. PRICING
3.1 All prices include VAT (where
applicable) at the current rates. We reserve the
right to express the price exclusive of VAT, but
we shall show VAT separately and include it in the
total price.
3.2 Where we charge separately for
packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this
Website.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to
before we have dispatched
the goods to you; or
(b) where goods have already been
dispatched to you, by returning goods to us in accordance
with clause 4.2 below.
4.2 You can return goods you have
ordered from us for any reason at any time within
7 days of receipt if it is in its original condition.
We will offer you a replacement, credit or full refund of goods
value. (Applies to UK mainland orders only).
All Sale items will be replaced with a credit to use on this
website only.
The purchaser is responsible for all costs associated with the
return of products. All returns should be recorded to obtain a receipt as proof
of your posting. Returns will incur a standard charge of £2.99
Due to hygiene reasons, earrings can only be exchanged or
refunded if they are found to be faulty.
Certain items may have a seperate returns policy and will be
marked with **.
4.3 Upon receipt of the goods in
the condition they were in when delivered to you,
we will give you a full refund of the amount paid
or an exchange credit as required.
4.4 The rights to return the goods
to us as referred to in clause 4.3 will not apply
in the event that the product has been used The
provisions of this clause does not affect your statutory
rights.
5. DELIVERY OF GOODS
5.1 We will deliver the goods ordered
by you to the address you give us for delivery at
the time you make your order.
5.2 Delivery will be made as soon
as possible and in any event within 30 days of your
order.
5.3 You will become the owner of
the goods you have ordered when they have been delivered
to you. Once goods have been delivered to you they
will be held at your own risk and we will not be
liable for their loss or destruction.
6. PRODUCT LIABILITY
6.1 If the goods we deliver are
not what you ordered or are damaged or defective
or the delivery is of an incorrect quantity, we
shall have no liability to you unless you notify
us in writing at our contact address of the problem
within 10 working days of the delivery of the goods
in question.
6.2 If you do not receive goods
ordered by you within 30 working days of the date on which
you ordered them, we shall have no liability to
you unless you notify us in writing at our contact
address of the problem within 40 days of the date
on which you ordered the goods. If you notify a
problem to us under this condition, our only obligation
will be, at your option:
6.2.1 to make good any shortage
or non-delivery
6.2.2 to replace or repair any goods
that are damaged or defective; or
6.2.3 to refund to you the amount
paid by you for the goods in question in whatever
way we choose.
6.3 Save as precluded by law, we
will not beliable to you for any indirect or consequential
loss, damage or expenses (including loss of profits,
business or goodwill) howsoever arising out of any
problem you notify to us under this condition and
we shall have no liability to pay any money to you
by way of compensation other than to refund to you
the amount paid by you for the goods in question
under clause 6.2.3 above.
6.4 You must observe and comply
with all applicable regulations and legislation,
including obtaining all necessary customs, import
and other permits to purchase goods from our site.
The importation of exportation of our goods to you
may be prohibited by certain national laws. We make
no representation and accept no liability in respect
of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing,
nothing in these terms and conditions is intended
to limit any rights you might have as a customer
under applicable local law or other statutory rights
that may not be excluded nor in any way to exclude
or limit our liability to you for any death or personal
injury resulting from our negligence.
7. LICENCE
7.1 You are permitted to print and
download extracts from this Website for your own
use on the following basis:
(a) no documents or related graphics
on this Website are modified in any way;
(b) no graphics on this Website
are used separately from accompanying text; and
(c) any of our copyright and trade
mark notices and this permission notice appear in
all copies.
7.2 Unless otherwise stated, the
copyright and other intellectual property rights
in all material on this Website (including without
limitation photographs and graphical images) are
owned by us or our licensors. For the purposes of
these terms and conditions, any use of extracts
from this Website other than in accordance with
clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and
conditions, your permission to use this Website
automatically terminates and you must immediately
destroy any downloaded or printed extracts from
this Website.
7.3 No part of this Website may
be reproduced or stored in any other website or
included in any public or private electronic retrieval
system or service without our prior written permission.
7.4 Any rights not expressly granted
in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure
that this Website is normally available 24 hours
a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period.
8.2 Access to this Website may be
suspended temporarily and without notice in the
case of system failure, maintenance or repair or
for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable
information, which is covered under the Privacy
Policy, any material you transmit
or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations
with respect to such material. We and our nominees
will be free to copy, disclose, distribute, incorporate
and otherwise use such material and all data, images,
sounds, text and other things embodied therein for
any and all commercial or non-commercial purposes.
9.2 You are prohibited from posting
or transmitting to or from this Website any material:
(a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or
which may cause annoyance or inconvenience;
(b) for which you have not obtained
all necessary licences and/or approvals;
(c) which constitutes or encourages
conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third
party, in the UK or any other country in the world;
or
(d) which is technically harmful
(including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful
data).
9.3 You may not misuse the Website
(including, without limitation, by hacking).
9.4 We will fully co-operate with
any law enforcement authorities or court order requesting
or directing us to disclose the identity or locate
anyone posting any material in breach of this clause.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites
on this Website are provided solely for your convenience.
If you use these links, you leave this Website.
We have not reviewed all of these third party websites
and do not control and are not responsible for these
websites or their content or availability. We therefore
do not endorse or make any representations about
them, or any material found there, or any results
that may be obtained from using them. If you decide
to access any of the third party websites linked
to this Website, you do so entirely at your own
risk.
10.2 If you would like to link to
this Website, you may only do so on the basis that
you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
(a) you do not remove, distort or
otherwise alter the size or appearance of the Acotis Jewellery
logo;
(b) you do not create a frame or
any other browser or border environment around this
Website;
(c) you do not in any way imply
that we are endorsing any products or services other
than our own;
(d) you do not misrepresent your
relationship with us nor present any other false
information about us;
(e) you do not otherwise use any
Niche trade marks displayed on this Website without
our express written permission;
(f) you do not link from a website
that is not owned by you; and
(g) your website does not contain
content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other
rights of any other person or otherwise does not
comply with all applicable laws and regulations.
We expressly reserve the right to
revoke the right granted in this clause 10.2 for
breach of these terms and to take any action we
deem appropriate.
10.3 You shall fully indemnify us
for any loss or damage we or any of our group companies
may suffer or incur as a result of your breach of
this clause.
11. REGISTRATION
11.1 To register with Acotis Jewellery
you must be over eighteen years of age.
11.2 Each registration is for a
single user only. We do not permit you to share
your user name and password with any other person
nor with multiple users on a network.
11.3 Responsibility for the security
of any passwords issued rests with you and if you
know or suspect that someone else knows your password,
you should contact us immediately.
11.4 We may suspend or cancel your
registration immediately at our reasonable discretion
or if you breach any of your obligations under these
terms and conditions.
12. DISCLAIMER
12.1 While we endeavour to ensure
that the information on this Website is correct,
we do not warrant the accuracy and completeness
of the material on this Website. We may make changes
to the material on this Website, or to the products
and prices described in it, at any time without
notice. The material on this Website may be out
of date, and we make no commitment to update such
material.
12.2 The material on this Website
is provided 'as is' without any conditions, warranties
or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provides you
with this Website on the basis that we excludes
all representations, warranties, conditions and
other terms (including, without limitation, the
conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care
and skill) which but for these terms and conditions
might have effect in relation to this Website.
13. LIABILITY
13.1 We, any other party (whether
or not involved in creating, producing, maintaining
or delivering this Website), and any of our group
companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind
of loss or damage that may result to you or a third
party (including without limitation, any direct,
indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising
from or connected in any way to business interruption,
and whether in tort (including without limitation
negligence), contract or otherwise) in connection
with this Website in any way or in connection with
the use, inability to use or the results of use
of this Website, any websites linked to this Website
or the material on such websites, including but
not limited to loss or damage due to viruses that
may infect your computer equipment, software, data
or other property on account of your access to,
use of, or browsing this Website or your downloading
of any material from this Website or any websites
linked to this Website.
13.2 Nothing in these terms and
conditions shall exclude or limit our liability
for (i) death or personal injury caused by negligence
(as such term is defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability
which cannot be excluded or limited under applicable
law.
13.3 If your use of material on
this Website results in the need for servicing,
repair or correction of equipment, software or data,
you assume all costs thereof.
13.4 You agree to indemnify us fully,
defend and hold us, and our officers, directors,
employees and agents, harmless from and against
all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach
of the terms and conditions by you, or your use
of this Website, or the use by any other person
using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions
shall be governed by and construed in accordance
with English law. Disputes arising in connection
with these terms and conditions shall be subject
to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items
for sale on the Website are appropriate or available
for use outside the United Kingdom. It is prohibited
to access the Website from territories where its
contents are illegal or unlawful. If you access
this Website from locations outside the United Kingdom,
you do so at your own risk and you are responsible
for compliance with local laws.
15. MISCELLANEOUS
15.1 You may not assign, sub-license
or otherwise transfer any of your rights under these
terms and conditions
15.2 If any provision of these terms
and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining
provisions which shall continue to have full force
and effect.
15.3 Only the parties to these terms
and conditions may seek to enforce them under the
Contracts (Rights of Third Parties) Act 1999.
16. PRIVACY POLICY
16.1 Acotis Jewellery is committed
to preserving the privacy of all visitors to our
website. Please read the
following privacy policy to understand how we use
and protect the information that you provide to
us. By registering or placing an order on this website,
you consent to the collection, use and transfer
of your information under the terms of this policy.
17. INFORMATION THAT WE COLLECT
FROM YOU
17.1 When you visit, register or
order products or services on www.acotis.co.uk
you may be asked to provide certain information
about yourself including your name, contact details
and credit or debit card information.
17.2 We may also collect information
about your usage of our website as well as information
about you from messages you post to the website
and e-mails or letters you send to us.
To maintain customer service standards
and to assist staff training, we may record and
monitor incoming calls.
18. USE OF YOUR INFORMATION
18.1 Your information will enable
us to provide you with access to all parts of our
website and to supply the goods or services you
have requested. It will also enable us to bill you
and to contact you where necessary concerning your
orders. We will also use and analyse the information
we collect so that we can administer, support, improve
and develop our business.
18.2 In particular, we may use your
information to contact you for your views on our
services and to notify you occasionally about important
changes or developments to the website or our services.
Further, where you have consented, we might also
use your information to let you know by email about
other products and services which we offer which
may be of interest to you. If you change your mind
about being contacted in the future, please let
us know.
19. DISCLOSURE OF YOUR INFORMATION
19.1 The information you provide
to us may be accessed by or given to third parties
some of whom may be located outside the European
Economic Area who act for us for the purposes set
out in this policy or for other purposes approved
by you. Those parties process information, fulfil
and deliver orders, process credit card payments
and provide support services on our behalf. We may
also pass aggregate information on the usage of
our website to third parties but this will not include
information that can be used to identify you.
19.2 Where you have consented when
providing us with your details, we may also allow
other companies in our group, to contact you occasionally
about products and services which may be of interest
to you. They may contact you by e-mail. If you change
your mind about being contacted by these companies
in the future, please let us know at .
19.3 If our business enters into
a joint venture with or is sold to or merged with
another business entity, your information may be
disclosed to our new business partners or owners.
19.4 Countries outside the European
Economic Area do not always have strong data protection
laws. However, we will always take steps to ensure
that your information is used by third parties in
accordance with this policy.
19.5 Unless required to do so by
law, we will not otherwise share, sell or distribute
any of the information you provide to us without
your consent.
20. COOKIES
Cookies are small amounts of information
which we may store on your computer.
20.1 Unless you have indicated your
objection when disclosing your details to us, our
system will issue cookies to your computer when
you log on to the site. Cookies make it easier for
you to log on to and use the site during future
visits. They also allow us to monitor website traffic
and to personalise the content of the site for you.
You may set up your computer to reject cookies by
following the relevant instructions which can be
found at www.aboutcookies.org. In that case, you
may not be able to use certain features on our site.
If you do not wish to receive cookies in the future,
please let us know at .
21. SECURITY AND DATA RETENTION
21.1 We employ security measures
to protect your information from access by unauthorised
persons and against unlawful processing, accidental
loss, destruction and damage. We will retain your
information for a reasonable period or as long as
the law requires.
22. ACCESSING AND UPDATING
22.1 You are entitled to see the
information held about you and you may ask us to
make any necessary changes to ensure that it is
accurate and kept up to date. If you wish to do
this, please contact us at .
We are entitled by law to charge a fee of £10 to
meet our costs in providing you with details of
the information we hold about you.
23. CHANGES TO OUR PRIVACY POLICY
23.1 Any changes to our privacy
policy in the future will be posted to the website
and, where appropriate, through e-mail notification.
24. CONTACT
24.1 All comments, queries and requests
relating to our use of your information are welcomed
and should be addressed to .