1.1The Buyer is the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 The consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 The contract defines the contract between Francesca Rossi Design's and the Buyer for the sale and purchase of Goods sold within these Terms and Conditions;
1.4 The goods defines the items that the Buyer agrees to purchase from the Seller;
1.5 The seller is Francesca rossi, 41 Basepoint Business Centre, Vale Park, Evesham, WR11 1GP. that owns and operates Francesca Rossi Designs.
1.6 The Terms and conditions define the sale detailed out in this agreement and all other terms and conditions agreed in writing by the Seller;
1.7 The name of the website is francescarossijewellerydesigns.co.uk
2.1 Nothing stated in this Terms and Conditions section shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions will always apply to all contracts for the sale of Goods by Francesca Rossi Design's to the Buyer and shall preside over any other documentation or communication from the Buyer.
2.3 Receipt and acceptance of delivery of Goods shall be seen as conclusive evidence of the Buyer’s agreement of these Terms and Conditions.
2.4 Any change to these Terms and Conditions (which would also include any special terms and conditions agreed between the parties) will not be applicable unless the have been approved in writing by Francesca Rossi Design's.
2.5 Any disputes or complaints should be sent to Francesca Rossi Design's address stated in clause 1.5.
3.1 All orders for Goods shall be viewed to be an offer by the Buyer to purchase Goods in compliance to these Terms and Conditions and are subject to acceptance by Francesca Rossi Designs. Francesca Rossi Designs may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified immediately and then provided with a choice to either continue to wait until the Goods are available from stock, choose an alternative option or cancel the order and receive a full refund within 14 days.
3.3 If the Buyer encounters any difficulties when placing an order through the Website they should contact Francesca Rossi Designs by email or telephone to resolve it.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received Francesca Rossi Design's shall confirm by email the details, description and price for the Goods together with information on the right to cancel.
4.4 Full payment of the price stated plus VAT and delivery charges must be made before the goods will be dispatched.
5 THE WEBSITE
5.1 Francesca Rossi Design's reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. Francesca Rossi Design's will endevour to ensure prices are correct at the point at which the Buyer places an order.
5.2 Francesca Rossi Design's reserves the right to withdraw any Goods from the Website at any time.
5.3 Francesca Rossi Design's shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5.4 Where Goods are referred to as "silver" and "gold" this refers to colour and not the material of the Goods.
5.5 All sizes and measurements of Goods given on the Website are approximate and therefore for the Buyers guidance only. Francesca Rossi Design's has made every effort to describe goods sizes, lengths and weights as accurately as possible. However, colours and images are dependent on the Buyers own monitor and browser. Francesca Rossi Design's cannot guarantee that Goods appear exactly the same on all monitors. All Goods are described as accurately as possible.
5.6 Francesca Rossi Design's endeavours to ensure that this Website is free from viruses or defects. It cannot however guarantee that the Buyers use of this Website or any websites accessible through it will not cause damage to the Buyers computer. It is the Buyers responsibility to ensure that the right equipment is available to use the Website. Francesca Rossi Design's makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Except in the case of negligence on Francesca Rossi Design's part, no liability will be accepted for any loss or damage which may arise to computer equipment as a result of using this Website.
5.7 The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the Buyer acknowledges and agrees that the Francesca Rossi Design's is not responsible for the content or availability ofny such sites.
5.8 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Francesca Rossi Design's or otherwise used by Francesca Rossi Design's as permitted by law.
5.9 Disclaimer: Francesca Rossi Design's is not connected to or affiliated with any individual named person on the Website. Francesca Rossi Design's is not representing these individuals nor are they official sites of them. Except where expressly stated to the contrary, persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Francesca Rossi Design's and the Buyer should not rely on the existence of any such association, link or affiliation. Any trademarks or names featured on the Website are owned by respective trademark owners. Where trademarks or any individuals name is referred to it is used solely to describe or identify the Goods or services and is in no way an assertion that such Goods or services are endorsed by or connected to Francesca Rossi Design's. All rights reserved.
5.10 When accessing the Website the Buyer agrees to access the content solely for personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If Francesca Rossi Design's discovers that the Buyer is not legally entitled to order certain Goods, Francesca Rossi Design's shall be entitled to cancel the order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered (Standard Delivery) within 3-5 working days of acceptance of order.
7.2 Goods supplied outside the UK will normally be delivered within 3-5 working days to Europe or 5-10 working days to ROW from date of of acceptance of order.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 Francesca Rossi Design's shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and Francesca Rossi Design's shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 CANCELLATION AND RETURN
8.1 Francesca Rossi Design's is unable to accept any returns of pierced earrings for hygiene reasons other than defective or damaged items.
8.2 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
8.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify Francesca Rossi Design's by email, using the Returns page on this website, within 7 days if the Goods are damaged or they do not comply with any of the Contract. Under the Distance Selling Regulations the Buyer has the legal right to cancel the order within 7 days of receipt of the Goods. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.4 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to Francesca Rossi Design's within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.5 In the event of cancellation Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods excluding delivery charges, if any, and excluding return postal charges. If the Buyer fails to return the Goods following cancellation, Francesca Rossi Design's shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must clearly show the order number obtained from Francesca Rossi Design's on the package.
8.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.1 Gift vouchers will be dispatched within 24 hours of acceptance of order and will be delivered by email to the address given by the Buyer when the order was placed. Payment must be made via the Website.
9.2 The Buyer must notify Francesca Rossi Design's of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
9.3 Risk of loss, destruction or damage to the vouchers remains with the Francesca Rossi Design's until delivery to the Buyer where upon risk shall pass to the Buyer.
9.4 Gift vouchers may be exchanged for any goods offered on the Website. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that Francesca Rossi Design's has been in error in fulfilling the Buyer's order.
9.5 Gift vouchers are valid for 6 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by Francesca Rossi Design's the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and Francesca Rossi Design's shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of Francesca Rossi Design's for death or personal injury resulting from the negligence of Francesca Rossi Design's or that of Francesca Rossi Design's agents or employees.
No waiver by Francesca Rossi Design's (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
Francesca Rossi Design's shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Francesca Rossi Design's shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
Francesca Rossi Design's shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts
Terms and Conditions
The competition rules to WIN Francesca Rossi Designs Autumn collection worth over £75.00 as stated on www.francescarossidesigns.co.
Sign up to receive our free newsletter, either on the website or through the post between 1 September 2013 and midnight of 31 October 2-13 and you will be entered into a draw to receive Francesca Rossi Designs Autumn collection worth over £75.00.
The winner will be the first entry selected at random from all the correct entries received. No purchase necessary. Employees and relatives of Francesca Rossi Designs company are not eligible to enter. Entries that are ineligible or not in accordance with the rules will be disqualified.
Winners will be notified within 2 weeks of the closing date. Simply submit your name, e-mail and click on the ‘submit’ button to enter, or send your details to Francesca Rossi Designs, The Vineries, East End, Northleach, GL54 3EU
Your details will be held by Francesca Rossi Designs company for the purpose of the competition and in order to send future copies of our free online newsletter only. If you would like to unsubscribe for the newsletter once the competition has closed please e-mail us on email@example.com
Judges decision is final and no correspondence will be entered into. In the event of the advertised competition prize being unavailable for whatever reason Francesca Rossi Designs company is not responsible and is not required to offer an alternative prize of equal or greater value. The winner must be willing to take part in post- event publicity if necessary. Good luck!