Terms of Sale and Supply

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS AND/OR SERVICES

These Terms and Conditions are the standard terms for the sale of goods by Heidi Kjeldsen Limited, a Private Limited Company registered in England and Wales under Company Registration Number 08277159 and whose registered address is C/O Brockhurst Davies Limited 11 The Office Village, North Road, Loughborough, Leicestershire, LE11 1QJ and whose trading address is The Maltings, 5 Mill Street, Oakham, LE15 6EA.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

2. 2. 2. Information About Us
         2.1 Heidi Kjeldsen Limited is a Private Limited Company registered in England & Wales under company registration number 08277159.2.2 Our VAT number is 728260238.
      3. The Contract
         3.1 These Terms and Conditions govern the sale of Goods and/or Services by Heidi Kjeldsen Limited and will form the basis of the Contract between us. Please note that we do not contract with customers under the age of 18.

         3.2 Nothing provided by Heidi Kjeldsen Limited including, but not limited to, sales and marketing literature, price lists, quotations to you, responses to enquiries and other documents (including email communications from us) constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.

         3.3 A legally binding contract between us will only be created upon our acceptance of your Order, indicated by our Order Confirmation. Order Confirmations will be provided in writing and shall be strictly subject to prior payment of the Deposit and/or where applicable full payment of the Price. In transactions by email or website your Order Confirmation occurs when we send an email confirming the Order. If we are unable to accept your Order, we will inform you of this as soon as reasonably practical and will refund any payment made.

         3.4 Order Confirmations for Services are strictly subject to satisfactory close physical appraisal of the article and its requirements in our workshops and as such no Price can be given until such appraisal and examination has been undertaken. Any price indicated to you prior to such appraisal and examination is an estimate only and subject to change. We will confirm to you the Price once the appraisal and examination has been undertaken and seek your agreement prior to commencing the Services.

         3.5 If we ascertain on examination of the articles that in our opinion it is not reasonably practicable and or economic to carry out the Services or are of the view that the Contract cannot continue or otherwise if we are unable to agree the Price with you, then we may end the Contract immediately, without any liability.

         3.6 All articles belonging to you which have been provided to us for appraisal or Services will (unless sent away for external assessment or services) be insured and stored carefully by us to protect such articles from loss and theft.

      4.  Description and Specification of Goods and the Supply of Services
         4.1 All Goods will be of satisfactory quality, fit for purpose and as described in correspondence with any CAD drawing, sample or model save in any case to the extent we explain differences on our website, record them in the Order Confirmation or where Goods are commissioned or personalised and therefore it is clear that the specifications are to differ.

         4.2 Whilst we will make every reasonable effort to ensure that any Goods listed in any literature or on our website conform to illustrations and photographs provided therein, we cannot guarantee that all illustrations, and photographs will be precisely accurate. This may be as a result of differences in the colour reproduction of electronic displays or where such Goods are to be made to order, the specifications of such Goods commissioned may differ for each customer. All weights and measurements given for the Goods may vary by up to 5% and all packaging may vary from that shown in any images.

         4.3 When placing any Order for the Goods, it is your responsibility to ensure that all information in relation to personalisation, sizes/measurements that you provide is correct, accurate and complete. Any alterations required to the Goods as a result of incorrect measurements, will only be carried out your cost.

         4.4 Where Goods have been commissioned, we will commission such Goods using all reasonable care and skill having regard to generally accepted industry standards and practices for the nature and type of articles applicable to the Contract.

         4.5 We will provide the Services with reasonable skill and care, consistent with best practices and standards in the Jewellery industry. We will begin providing the Services as soon as reasonably possible from the date we provisionally agree with you, when you make your Order (which shall be confirmed in our Order Confirmation) or at such later date, if the Price is still to be ascertained. Please note that if you contracted via email or on the website and request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 10 for your statutory cancellation rights

         4.6 If we require any information from you in order to provide the Services or to commission the Goods, we will inform you of this as soon as is reasonably possible. This may include information about the gemstones and the articles history and prior treatment.

         4.7 If the information you provide under sub-Clause  4.6 is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay or damage caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided, we may charge you a reasonable additional sum for that work or otherwise we may end the Contract, without liability. If we end the Contract in these circumstances, you will remain liable for our reasonable charges to the date in which we end the Contract.

      5. Gemstones
         5.1 We shall use all reasonable endeavours to ascertain that for any precious or semi-precious metals, gemstones or other materials that we acquire and use in Goods and/or articles or otherwise which we purchase readymade for sale, that the provenance is good and conflict-free and that the items have been ethically sourced in compliance with United Nations resolutions. Our gemstones are sourced from highly respected suppliers so that, as far as we can ascertain, any treatments carried out are fully recognised and accepted by the Gemmological Association of Great Britain.

         5.2 If we receive your articles for repair Services or articles which are to be incorporated into commissioned Goods, we shall trust you to inform us if a gemstone has been subjected to treatment. We do not provide an authenticity service but at your expense will obtain this service from an Independent Registered Valuer of the National Association of Jewellers before commencing work, should you wish. Any fees for this service shall be payable in addition to the Price and shall be required on account.

         5.3 We will not be held responsible for any inherent or latent flaws, chips or imperfections which may exist in your articles (including gemstones) prior to you submitting them to us for the Services or to be incorporated into any commissioned Goods, or such flaws, chips and imperfections which become visible or occurs when the stones have been unset, become cleaned or worked on by us.

         5.4 Where we commence the Services and/or commence the incorporation of the articles into commissioned Goods and damage arises which is attributable to a Gemmological Association of Great Britain non-accepted treatment, we may end the Contract without liability to you and you must pay us our reasonable charges for work carried out to that point.

         5.5 Where laboratory services are required, we will commission this on your behalf however all fees and expenses relating to such services will be your responsibility. You acknowledge that where laboratory services are carried out this will involve the removal of stones for resetting and testing. All laboratory testing fees shall be payable in addition to the Price and shall be required on account.

      6. Orders
         6.1 You may change your Order for Goods at any time before we despatch the Goods by contacting us. This does not apply to Goods which are to be personalised or commissioned by us. We will only accept changes to Orders for commissioned Goods if we are reasonably able to accommodate your request without additional work. Please contact us to discuss your requirements should this be the case.

         6.2 If your Order is changed, we will inform you of any change to the Price in writing.

         6.3 You may cancel your Order for Goods at any time before we despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 Business Days. This does not apply to commissioned Goods. We will only accept an Order cancellation for commissioned Goods if we have not yet begun making or altering the Goods.

         6.4 If you change your mind about the Services, you may cancel your Order for Services at any time either before we begin providing the Services.

         6.5 We may cancel your Order at any time before we dispatch the Goods and/or commence the Services, in the following circumstances:

         6.5.1 The Goods are no longer in stock or suitable materials to commission the Goods or Services are unavailable;

         6.5.2 because of unexpected limits on our resources which we could not reasonably plan for;

         6.5.3 where we have identified an error in the price or description of the Goods and/or Services or any other price which has been notified to you;

         6.5.4 we are unable to meet a delivery deadline you have requested; or

         6.5.5 An event outside of our control continues for more than 3 months (please see Clause 12 for events outside of our control).

         6.6 Where Services are provided or where applicable Goods are to be commissioned and we subsequently identify further issues and/or work which was not envisaged at the time the Contract was formed or upon the initial appraisal and examination, we will consult with and advise you, about what, if anything, can be done and the variation required to continue with the Contract (including any variations to the Price).

         6.7 Should either of us not wish to proceed on the revised terms or if either of us considers that the Contract cannot continue, then either of us may end the Contract immediately on notice to the other, without any liability. You will however remain responsible for all reasonable charges carried out to that point.

      7. Price and Payment
         7.1 The Price for Goods which are ready for immediate sale will be that shown on our website or as advertised in the Showroom. Whilst we have made every reasonable effort to ensure that our Prices, as shown on our website and/or as advertised in our Showroom are correct, errors do occur. Prices will therefore be checked when we process your Order and before we issue the Order Confirmation. If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.

         7.2 All payment for Goods which are ready for immediate sale are to be paid for in full and in cleared funds at the time of placing your Order.

         7.3 Where we provide a written quotation for commissioned Goods and/or for the provision of Services, but you do not immediately wish to contract we will adhere to the quotation for 30 days subject to our right to increase the Price where there has been an increase to us of the cost of materials or other matters, during that period or in the case of Services, that it becomes apparent upon further inspection and examination of the article, that further work is required.

         7.4 When commissioned to design or otherwise make Goods we will require payment of a deposit of 50% of the Price at the time of placing your Order. A deposit equal to 50% of the Price for Services will be required at the time of agreeing the Price with you, after appraisal and examination of the article with you in accordance with clause 3.4.

         7.5 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full of you.

         7.6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due and will be calculated, depending upon what method of delivery has been chosen and the weight and size of the Goods being dispatched. If your Order is to be delivered outside of the UK, your Order may be subject to import restrictions, duties and taxes which are applied when the delivery reaches that destination and to transit delays at customs or other authorities pending local payments and procedures. Please note that we have no control over these charges whose amount we cannot predict nor any delays. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order. You must comply with all applicable laws and regulations of the country for which the article is destined.

         7.7 All payments for Goods must be made in advance and in cleared funds before we can despatch the Goods and/or your articles to you or have them available for collection. Payment is to be made by bank transfer and details will be provided to you to make the payment at the relevant time.

      8. Delivery
         8.1 Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond our control. Goods which are available for immediate sale or are near completion, will be delivered without undue delay and in any case, we aim to deliver no later than 30 Business Days after the date on which the Contract is formed. Where Goods have been commissioned we will aim to deliver such Goods to you no later than 8 weeks following the date in which the Contract is formed. Please note that such dates are estimates and we cannot, be held responsible for any delays in delivery if an event outside of our reasonable control occurs or where such delay is attributable to your failure to provide any information requested in accordance with your obligations under these terms and conditions.

         8.2 Where Services are provided, we will make every reasonable effort to provide the Services in a timely manner and to complete them no later than 8 weeks following the date in which the Price is agreed. We cannot, however, be held responsible for any delays if an event outside of our reasonable control occurs or where such delay is attributable to your failure to provide any information requested in accordance with your obligations under these terms and conditions. We will notify you once the Services have been concluded and the articles are available for delivery or collection.

         8.3 If you indicate that you wish to collect the Goods and/or articles from us, you may do so after receiving our confirmation that such Goods or articles are available for collection.

         8.4 Delivery will be deemed to have taken place when the Goods and/or articles have been delivered to the delivery address notified by you and you (or someone identified by you) have taken physical possession of the Goods and/or articles or, if you are collecting the Goods and/or articles from us, when you have collected the Goods and/or articles.

         8.5 The responsibility (sometimes referred to as the “risk”) for the Goods and/or articles remains with us until delivery is complete as defined in sub-Clause 8.4 at which point it will pass to you. Please note, however, that if you do not wish to collect the Goods and/or articles and do not wish to use our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods and/or articles will pass to you as soon as they are passed to your chosen carrier.

         8.6 You own the Goods once we have received payment in full for them.

      9. Faulty, Damaged or Incorrect Goods
         9.1 If any Goods you have purchased do not comply with the Contract, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if the Goods are incorrect as a result of your provision of incorrect information, rather than them not matching our description, as explained in sub-Clause 4.3, you will not be able to return those Goods.

         9.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless we can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.

         9.3 If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.

         9.4 If, after a repair or replacement, the Goods still do not conform (or if we cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the Goods.

         9.5 Within a period of six years after you receive the Goods (and ownership of them), if the Goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please be remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

         9.6 Please note that you will not be eligible to claim under this Clause 9 if we informed you of any faults, damage or other problems with the Goods before your purchase of the them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; if the damage is as a result of matters referred to in clause 5, or if the problem is the result of normal wear and tear, misuse, intentional or careless damage or mistreatment, alteration and/or repair. Please also note that you may not return Goods to Us under this Clause 9 merely because you have changed your mind.

         9.7 To return Goods to us for any reason under this Clause 9, you may do so in person to our Showroom during our normal business hours or via post to The Maltings, 5 Mill Street, Oakham, LE15 6EA.

         9.8 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 Calendar Days of the day on which we agree that you are entitled to the refund. Any and all refunds issued under this Clause 9 will include all reasonable delivery costs paid by you when the Goods were originally purchased.

      10. Your Right to Cancel If You Change Your Mind
          10.1 Customers purchasing Goods by email, telephone or via our Website have the statutory right to cancel their Contract with us, without offering any reason in relation to all articles sold by us except Goods which are (a) being commissioned and/or otherwise made to specification or (b) are clearly personalised. Your statutory right to cancel your Contract with us is up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods under sub-Clause 8.4).

          10.2 You must return the Goods to us no more than 14 Calendar Days after the day on which you have informed us that you wish to cancel under this Clause 10.7.

          10.3 You may return Goods to us in person during our normal business hours or you may return them by post or another suitable delivery service of your choice to The Maltings, 5 Mill Street, Oakham, LE15 6EA . You are solely responsible for the cost of returning Goods to us under this Clause 10.

          10.4 Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 10, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).

          10.5 Where you have contracted via email or on the website for Services, you also have a statutory right to cancel your Contract for Services with us up to 14 Calendar Days after the Contract between you and us is formed. You may cancel your Contract with us for any reason under this right. If you wish to cancel your Order before receiving our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 10.6 will not apply.

          10.6 If you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed or if you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.

          10.7 If you wish to exercise your right to cancel your Order for either Goods or Services under this Clause 10, you must inform us of your decision. You may do so in any way that is convenient to you. We provide a cancellation form on our Website that you may use if you wish to inform us in writing. Alternatively, please contact us on the contact details given in these terms.

      11. Our Liability
          11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

          11.2 We will not be liable for damage your articles which arise during the Services or when commissioning Goods, which relates to or involves gemstones being subject to prior treatment (as referred to in clause 5) and/or where any latent flaws, chips or other imperfections exist or which become visible or otherwise occurs as a result of stones becoming unset, cleaned or worked on.

          11.3 We only supply or agree to commission Goods for personal and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

          11.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.11.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office

      12. Events Outside of Our Control (Force Majeure)

          12.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: inability to source materials, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

          12.2 If any event described under this Clause 12 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:

          12.2.1 We will inform you as soon as is reasonably possible;

          12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;

          12.2.3 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods and/or the performance of the Services as necessary;

          12.2.4 If the event outside of Our control continues for more than 3 months, we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible.

      13. Communication and Contact Details
          13.1 If you wish to contact Us, you may do so by telephone at 01572 722666 or by email at heidi@heidikjeldsen.co.uk.

          13.2 In certain circumstances you must contact us in writing (when cancelling an Order, for example). When contacting us in writing you may use the following methods:

          13.2.1 Contact Us by email at heidi@heidikjeldsen.co.uk; or

          13.2.2 Contact Us by pre-paid post at The Maltings, 5 Mill Street, Oakham, LE15 6EA

      14. How We Use Your Personal Information (Data Protection)
          We will only use your personal information as set out in our privacy policy available from the Website.
      15. Other Important Terms

          15.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

          15.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

          15.3 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

      16. Governing Law and Jurisdiction
          16.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.