Terms of Sale and Supply
Terms of Sale and Supply
Gemstones: Our customers’ attention is drawn to paragraphs 11 and 12 of these terms in particular
- You the customer are contracting under English law with Heidi Kjeldsen Limited. Our principal place of business is at our Showroom which is located at The Maltings, 5 Mill Street, Oakham. LE15 6EA, England. We provide specialist skills and services for the design, making, restoration and repair of fine articles of jewellery and accessories using high quality materials and components. We also sell superb commissioned and ready-made jewellery and articles. See Contact Us for further information about our legal identity and how to get in touch. You are a consumer customer. If you wish to deal with us in the course of a business, please contact us. Please note that we do not contract with customers under the age of 18.
- These terms have been drawn up by us after many years of dealing with consumers and are considered by us to strike a reasonable and practical balance between us as a specialist seller or supplier and you as a retail customer of fine jewellery and associated articles and services. These terms are consistent with market practice for sales and services of the kinds we provide, our industry membership codes of good practice and all UK consumer rights legislation.
- You should read and take or print a copy of these terms or save them to your computer at time of each purchase for future reference. This is because we amend these terms from time to time. Terms published in use at any time may not be the same as those applicable to your purchase. The English language version only of these terms shall apply. If there is anything you do not understand in these terms please Contact Us before purchasing to seek clarification.
Your acceptance of these terms
- Copies of these terms are available in our Showroom for perusal and may be taken away for review before making your purchase there. If you are dealing with us by email or over the phone we will provide a copy of these terms by post or email as you prefer. For purchases in the Showroom, by email or over the phone we will ascertain that you are accepting of these terms before each time you contract with us. Our website functionality ensures that you have an opportunity to consider and accept these terms before proceeding to conclude your website purchase.
Our acceptance of your order
- Your contract with us comes into being at the time we confirm our acceptance of your order. Order confirmation in the Showroom will usually occur when we accept payment of price or deposit and provide the commission note or receipt. In transactions by phone, email or website your order confirmation occurs when we send an email confirming the order. Order confirmation emails are distinct from prior emails with you to reply to your enquiries concerning bespoke or commissioned articles or work and to formulate your order, for example as to materials, price and size. These emails conclude with an email from us summarising your wishes and inviting you to submit an order on the basis of the summary. If on the basis of your summary based order we are able to contract we will send or provide the order confirmation. If we are unable to accept your order, we will inform you of this, will not charge you for services and will refund any payment made. This might be because the article is out of stock or suitable materials are unavailable or because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the article or because we are unable to meet a delivery deadline you have requested. Our confirmation of order for restoration and or repair services forms a contract whose terms are provisional and subject to satisfactory subsequent extended close physical appraisal of the article and its requirements in our workshops.
Quality of service and articles
- We will insure your jewellery if left with us for appraisal, restoration or repair. If we lose or damage your goods, we will pay for the reasonable costs of the repair or replacement of the item taking into account its condition when left with us. If having provisionally contracted with you to make, restore or repair an item we ascertain on further examination that in our opinion it is not reasonably practicable and or economic to carry out the work at the price agreed or estimate provided we will consult with and advise you, in writing if you wish, about what, if anything, can be done and the variation required to conclude your contract with us as to specification and or price should you wish to proceed. Should you or we not wish to proceed on revised terms or if we consider that the work cannot be done for the price or estimate or at all we will each be released from the provisional contract without liability to the other and we will refund your deposit. If both parties wish to proceed upon revised terms we will provide you with an order confirmation recording the unconditional contract.
- We promise that the articles you commission and or purchase from us will be as required by the Consumer Rights Act 2015. Our articles will be (a) of satisfactory quality (b) fit for purpose (c) as described (d) in correspondence with any CAD drawing or sample or model save in any case to the extent we explain differences on our website and or record them in the order confirmation. We will perform our services using all reasonable care and skill. The work we carry out and the articles we make will conform to description and to generally accepted industry standards and practices for articles of the kind within your contract. All articles are delicate to varying degrees and the utmost care of them must be taken. Customers must not assume that because some kinds of article tolerate a level of wear and tear that all articles can be treated in the same ways. Customers should read our aftercare guidelines before making any purchase - please refer to the Jewellery Care Advice. Articles of any kind should be checked annually by a Member of the National Association of Jewellers to ascertain if maintenance or repair is desirable. We as Members will provide this service without charge for articles we have made, sold or worked unless we deem them damaged beyond fair wear and tear..
- Please note that the images of the articles on our web site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the articles. Your articles may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our articles are often handmade, weights and measurements indicated on our site may vary to the article sold to you by up to 5%. The packaging of the articles may vary from that shown on images on our website. The size of rings will correspond to size or measurement given to us and any subsequent resizing away from the size provided to us / measured by us shall be carried out at the purchaser’s expense.
Gemstones and treatments
- With reference to the precious or semi-precious metals, gemstones or other materials we acquire and use in articles and with reference to articles we purchase readymade for sale we use all reasonable endeavours to ascertain 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.
- If we receive customer property for repair or incorporation in commissioned work we shall trust the customer to inform us if a gemstone has been subjected to treatment so that in some cases we may have to decline the work. We do not provide an authenticity service but at customer’s expense will obtain this service from an Independent Registered Valuer of the National Association of Jewellers before commencing work should you wish.
- Where we commence work 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. We will undertake to make or repair an article which includes your own gemstones but will not be held responsible for any latent flaws, chips or imperfections which may exist prior to you submitting the gemstones to us or which become visible or occurs when the stones have been unset, become cleaned or worked on by us and you nevertheless must pay us for the work we have done. We may pay our charges from your deposit and re-pay the balance to you (or require further payment to the extent the deposit is not sufficient) before releasing your property.
Time allowed for delivery
- We will complete work and deliver articles to you without undue delay and in any case within one of the two following maximum delivery periods. Where articles are in stock or near completion delivery is provided within a few days and in any event will take place within 30 days of order confirmation. Where an article is being made or restored, repaired or altered to your own specifications delivery is provided within a few weeks and in any case within eight weeks of order confirmation. To assist our customers we may also provide you with an indicative or expected period or time for delivery and record that in the order confirmation. However, you will nevertheless allow us up to 30 days or eight weeks without us having to inform you should we need more than the indicative or expected time unless the next following sentence applies. In some cases we will deliver to you within a period shorter than or by a date occurring before the end of the maximum delivery period if you inform us that such period or date is essential to you AND if it is practicable for us. We will do this if before or within the order confirmation we have agreed the essential deadline with you and recorded it with you in a writing as your essential recorded deadline. If we are informed of an important deadline only after order confirmation, we will endeavour to meet your requirement; you will however remain liable to complete the purchase whenever delivery takes place within the maximum delivery period.
- If our supply of an article or completion of work is delayed beyond the applicable maximum delivery period or essential recorded deadline by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay beyond the maximum delivery period or if there is any delay or a risk of any delay beyond the essential recorded deadline you may contact us
within seven days of our informing you of the delay to end the contract and receive a refund of deposit or price paid. If you do not wish to treat the contract as at an end straight away you can give us a new period or deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. Events outside our control include unexpected market shortages and delayed supply of raw materials or specialist technicians.
- Delivery takes place in the Showroom when the article is passed to customer against payment. Delivery if not taking place in the Showroom will be completed when we deliver the article to you or your nominated person at the address you gave us according to the postal or courier method you have chosen. If no one is available at your address to take delivery, the postal services or courier will leave you a note that the article has been returned to their premises and how you can arrange for redelivery or has been finally returned to ourselves, in which case, please contact us to rearrange delivery at your expense. The article will be your responsibility on and from delivery. We will achieve delivery before an essential recorded deadline either if we give you not less than 24 hours’ notice of readiness for collection at the Showroom during no fewer than four trading hours before the deadline - trading hours are found here: Contact Us or if according to the postal or courier method you have chosen we deliver the article to you or your nominated person at your chosen address or in your absence a note is left before or on the essential recorded deadline. You will own the article once we have received payment in full, including delivery charge(s). Risk in an article remains with us until delivery to you. If the article is returned risk reverts to us either on delivery to us at the Showroom or on passing to a courier if arranged by us.
Right to return/ cancel and to refund if changing your mind (cooling off)
- Customers if purchasing articles by email, telephone or via our website have the statutory right to return purchases to us, that is, to change their mind (cooling off) without offering any reason in relation to all articles sold by us except those which are (a) being made to specification or (b) are clearly personalised. Notice of your intention to end the contract must be received by us within 14 days of delivery of the article to you or your nominated person. To give notice please get in touch using the information at Contact Us, visit us in the Showroom, telephone to speak or leave a voicemail or email us or complete and post or email – Cancellation Form. To be effective you must also present the article to us at the Showroom or send us the article, in either case within 14 days of telling us you wish to end the contract. You should use a secure post/ courier or allow us to collect the article from you. Returns shall be at your cost.
- We will refund you the price you paid for the article by the method you used for payment. We will however reduce your refund to reflect any reduction in the value of the article, if this has been caused by you wearing or handling the article in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the article and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount. Your refund will be made within 14 days either from the day on which we receive the article back from you or, if earlier, from the day on which you provide us with evidence that you have sent the article back to us. In any other circumstances your refund will be made within 14 days of you telling us you have changed your mind. We will also refund/ allow you the delivery charge you paid for despatch by us on first attempt to the value of the applicable least expensive delivery method we offer.
- Customers purchasing services such as repair or restoration work by email, telephone or via our website have the statutory right to change their mind (cooling off) without offering any reason. You have up to 14 days after order confirmation. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services and before their completion, you must pay us for the services provided up until the time you tell us that you have changed your mind. We will use part or all of your deposit and seek further payment for any insufficiency or release any excess before also releasing any property belonging to you with which the work was concerned. If a refund is due to you this will be made within 14 days of you informing us you have changed your mind by the same method you used for payment.
Rights of repair, replacement, return, refund and price reduction if faulty
- We are under a legal duty to supply articles that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to an article or a service. Nothing in these terms will affect your 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 or call 03454 04 05 06. During the expected lifespan of your article your legal rights entitle you to the following:
a) Up to 30 days: if your article is faulty, then you can get an immediate refund.
b) Up to six months: if your article can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your article does not last a reasonable length of time because of its condition at the time of purchase you may be entitled to some money back; this will be unlikely if the problem derives from subsequent mistreatment and or lack of maintenance/ negligence on your part or from wear and tear or detriment arising during inappropriate use.
d) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
e) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
f) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
- If you believe the purchased article does not conform to contract please get in touch in one of the ways mentioned in paragraph 16 to discuss the problem and your preferences. For difficulties reported within 30 days of original delivery you may choose a refund straight away. If instead you prefer a repair or replacement the counting of 30 days is suspended from the time you inform us of the concern until you receive the repaired or replacement item. You have the balance of the 30 days, or seven days whichever is the greater, to reassess the article and to accept or reject it. If you are first reporting non- conformity after 30 days we must be allowed one opportunity to repair or replace and only if unsuccessful will you have the right to reject the article and obtain a refund. Whether informing us within or outside the 30 days you may instead of rejecting retain the article and exercise a right to a price reduction. We would endeavour to agree this amount with you so that after adjustment the price paid reasonably reflects the difference in value between what you paid for and what you received originally and wish to retain. If you reject the article and should we request you must return it to us at our expense or make it available for collection and inspection before we will provide the refund or agree a price reduction and re-deliver the article to you at our expense. Refunds will be made by the same method you used for payment.
- When asked or required to carry out repairs under paragraph 20 we will do so within a reasonable time and without significant inconvenience to you. We will bear the labour and materials costs of repair and replacement and of sending and returning articles should dropping off and collecting at the Showroom not be convenient. We will reimburse the original delivery cost too (our standard rate only if you elected for more expensive delivery service). We cannot be required to carry out repairs or replacement where this is impossible or the cost or effort to us would be disproportionate when compared to the other remedies available to you nor will we be held responsible for delays by suppliers, technical workers or other factors beyond our reasonable control. Non conformity with contract and thus your rights in paragraphs 20 and 21 do not arise to the extent that your article appears after delivery to you to have incurred damage or stress arising
after delivery to you because of wear in inappropriate ways or circumstances, mistreatment, accident or unskilled alteration or repair.
- As our goodwill guarantee counting time from delivery to you we will observe the rights described in paragraphs 20 and 21 in favour of and will deal with a person to whom the article has been transferred as a gift provided you have confirmed this to us in writing but we do not offer these assurances to any other third party.
Other reasons entitling you to cancel
- If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any articles which have not been provided. The reasons are (a) we have told you about an upcoming change to the article or these terms which you do not agree to (b) we have told you about an error in the price or description of or we find that we do not hold the article you have ordered and in any of these cases you do not wish to proceed (c) there is a risk that supply of the article may be significantly delayed beyond the relevant maximum delivery period because of events outside our control (d) we have suspended supply of the articles of which yours is one or notify you we are going to suspend them for technical reasons for a significant or indefinite period or (e) we have failed to deliver your article by the essential recorded deadline, as a consequence your essential purpose for contracting with us is lost and as a consequence you wish to cancel.
Cancelling without justification
- Even if we are not at fault and you do not have a right to change your mind under paragraphs 16, 17 and 18 (cooling off), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for an article is completed when the article is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed just contact us in one of the ways mentioned in paragraph 16 to let us know. The contract will end immediately and we will refund any sums paid by you for articles or services not provided but we may deduct from that refund or (if you have not made an advance payment or if the deposit is insufficient) charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
Our liabilities to customers and exclusions
- We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. 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 sale process. We will not be liable for loss or damage that is not foreseeable. We will not be liable for damage arising during work to or involving a gemstone caused by pre-existing conditions of the kinds described in paragraphs 11 and 12 whether or not the damage has arisen through our negligence. We only supply articles for domestic and private use and will not be liable for business losses.
Quotations, price, price variation and related matters
- Where we provide a written quotation for commission or repair work but you do not immediately wish to contract we will adhere to the quote for 30 days subject to any changes during that period in the cost to us of materials. Delay in contracting prolongs the period during which prices chargeable to us may change. When commissioned to design, make or repair we require payment of a deposit of 50% of the price. Variations requested after order confirmation may require an increase in deposit and or price to reflect any necessary variations to materials or labour.
- We state our prices and take payment in the sterling currency of the United Kingdom. The price ultimately paid by you in another currency may not be exactly as you expect because of exchange rates and charges applied by the banking system or your card or other payment arrangements.
- The price or remaining balance of price for articles and work is payable in cash cleared funds no later than collection or despatch of the item.
- We may vary the price of an article from time to time and its price may change between the time you first see the article and when you place an order. Our website contains a large number of articles. It is always possible that, despite our reasonable efforts some of the articles on our site may be incorrectly priced. If we discover an error in the price of the articles you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the article at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, even if erroneously recorded within an order confirmation or notice of despatch (a) we do not have to provide the article to you at the incorrect (lower) price and (b) we may at our expense require the immediate return of the article before refunding to you the price and any sum you paid us for the original delivery.
- The price of an article does not include delivery charges. Our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our Shipping & Deliveries located outside the United Kingdom. If you order delivery to one of the international delivery destinations, 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. We will not be liable or responsible to you if you break any such law or for transit delays and or returns to us.
- Prices for all consumer customers are expressed inclusive of value added tax (vat) in the United Kingdom. However, if the rate of vat changes between the date of your order and the date of delivery or completion of work, we will adjust the vat you pay on any sum then owing. The price you pay will remain unaffected if you have already paid for the article or work in full before the change in vat takes effect. Sales to customers at an international delivery destination outside the UK and EU do not carry the additional charge of vat (therefore known as zero rated). Please speak with or email us if you believe this to be relevant to your purchase. Our website does not allow for zero rated transactions.
- We accept payment at the Showroom using the following cards: Visa, Mastercard, JCB cards, Maestro and Visa Electron. Online customers may pay only by bank to bank transfer. The website provides our bank details at point of payment and your order is processes after funds have cleared.
- .We may need certain information from you so that we can supply the article or carry out the work. If so, this will have been stated when dealing with you or in the in the description of the article 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 contract (and paragraph 24 will apply) 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 article late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- We may retain any property left with us to work on pending settlement of monies owing. If you fail to collect within three months of being informed of readiness we may appropriate the deposit and take legal proceedings for the balance of the price and or seek any other available and appropriate legal remedy. On expiry of 6 months from the date you are informed of readiness and provided you have been informed by track delivery written notification at least three times at intervals of not less than one month during any period of six consecutive months the ownership of any item left with us and not claimed will pass to us. Ownership will pass on the 14th day following the date of third notification and thereafter we may sell the item for our own reward. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC 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.
- 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 same similar or other default by you.
- Except a recipient of a gift from you of an article acquired from us (paragraph 22) no other person shall have any rights to enforce any of these terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. We may subcontract or transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations to you under these terms.
- Ownership in the design of commissioned work remains with us. Reproducing an item, or commissioning someone else to do so, without our written consent, is prohibited and will be an infringement of our copyright and or design right in the article and in the drawings.
- If you are not satisfied with your article or our work in light of our contract with you please refer to Complaints & Dispute Resolution for assistance.
- These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales except that if you are a consumer customer resident in Northern Ireland or in Scotland you may also bring proceedings in your area of residence.