TERMS AND CONDITIONS FOR SALE OF GOODS
Effective Date: July 2015
- 1. Introduction & Terms of Sale
- 1.1 The following terms and conditions shall apply for all contracts between the customer and APPLES & FIGS Ltd about the delivery of goods, which are ordered in APPLES & FIGS online shop under the web-site www.applesandfigs.com.
- 1.2 By placing an order with APPLES & FIGS you are offering to purchase a product, and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
1.3 In order to contract with APPLES & FIGS you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
1.4 All prices are inclusive of VAT. In some cases, delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
1.5 All made-to-order, pre-order and Sale products are non-refundable.
- 2. Right to Cancel
- 2.1 Under the Consumer Protection (Distance Selling) Regulations, you have up to 7 working days after you have received your delivery to cancel your order (other than in respect of jewellery made to your specification (pre-order and made to order) or any headwear, pierced earrings or sale items). Further details of your rights under Distance Selling Regulations are available from your local Trading Standards Department or Citizens Advice Bureau.
- 2.2 To cancel your order you may email firstname.lastname@example.org and we will reply with instructions on returning your goods. APPLES & FIGS does not cover the postage cost of returning goods except in the case where the wrong product is supplied or in case of faulty/damaged goods being supplied.
- 2.3 We will make the reimbursement without undue delay, and not later than 30 days after the day we receive back from you any goods supplied.
- 2.4 We will make the reimbursement using the same means of payment as you used for the initial transaction.
- 2.5 You will bear the direct cost of returning the goods.
- 3. Minor Variations in Goods
- 3.1 We take reasonable care to ensure that representations and descriptions of goods appearing on our website are accurate. Digital photography has been used, we have made reasonable efforts to display as accurately as possible the appearance / colour / texture / finish of our goods. However, you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on our website. For example, the colour tone and shape of organic materials such as pearls may differ.
- 3.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
- 4. Care and Appearance of Jewellery
- 4.1 You are responsible for ensuring that any jewellery we sell you does not come into contact with water or other liquids, or with perfumes, creams, oils or other substances as otherwise it may be damaged.
- 4.2 You acknowledge that gemstones or metals comprised within jewellery may change colour or clarity over time. This is a natural evolution of the goods and not a defect.
- 4.3 You acknowledge that jewellery is delicate and often utilising precious metals and stones; any jewellery you purchase from us might break if misshandled or not protected enough. Refunds will not be given if the goods have been damaged by you, this includes damage caused by inadequate packaging by you when returning goods.
- 4.4 Disclaimer:
- 4.4.1 We do not consider wear and tear in the course of normal use a manufacturing fault. Jewellery is precious and you are responsible for its care.
- 4.4.2 Manufacturing faults do not include:
* Chipped, cracked or broken gemstones and inclusions.
* Broken chains.
* General wear and tear including jewellery that has bent out of shape or oxidised (tarnished).
* Plating or oxidised 'antique' finish that has worn off - Plating is a metal coating that is bonded electronically or chemically to a base metal to give a different colour or finish - ie. Gold Plate. You acknowledge that plating will eventually wear down over time.
- 5. Account & Order
- 5.1 The customer is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer to prevent unauthorised access to its account. The customer agrees to accept responsibility for all activities that occur under its account or password.
- 5.2 The customer should take all necessary steps to ensure that the password is kept confidential and secure and should inform APPLES & FIGS immediately if it has any reason to believe that its password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- 5.3 The customer shall ensure that the details which are provided to APPLES & FIGS are correct and complete. The customer shall inform APPLES & FIGS immediately of any changes to the information that has been provided at the time of registration.
- 5.4 We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
- 6. Payment and Price
6.1 Payment is in advance by the means stated on our website. Despatch of the goods is subject to our receipt of full payment in cleared funds.
- 6.2 Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order. VAT is included in any price shown.
- 6.3 Delivery may be free or chargeable as stated on our website at the time of your order. In either case, you are responsible for any customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
- 6.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
- 7. Discount Codes
7.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
- 7.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
- 7.3 Discount codes could not be applied to sale items.
- 8. Delivery
8.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates depending on availability.
- 8.2 Unless otherwise stated, delivery dates given on our website are estimates only. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- 8.3 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery.
- 9. Refund Policy
Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. All returns/exchanges must be approved by email.
Several types of goods are exempt from being returned or exchanged:
- Sale Items
- Made-to-order items
- Pre-order items
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back without an email confirmation.
-Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
-If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
9.3 Late or missing refunds
-If you haven’t received a refund yet, please first check your bank account again.
-Then contact your credit card company, it may take some time before your refund is officially posted.
-Next contact your bank. There is often some processing time before a refund is posted.
-If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com
Only regular priced items may be refunded, unfortunately sale items cannot be refunded due to limited stock.
We do not offer exchange for your purchase, unless otherwise is granted for specific circumstances.
To return your product, you should mail your product with tracked and signed for delivery to: APPLES & FIGS Logistics, Wolter Heukelslaan 43, Utrecht, The Netherlands
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your purchase price.
You should use a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
- 10. Liability
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
- 10.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
- 10.3 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
i) such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
i) such loss or damage is caused by you, for example by not complying with this agreement; or
i) such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
- b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
- 10.4 The following clauses apply only if you are not a Consumer:
a) Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
b) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
i) loss of goodwill or reputation;
i) special, indirect or consequential losses; or
i) damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
- 11. Events outside our control
11.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
- 12. Privacy
12.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
- 13. English law
13.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
- 14. General
14.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
- 15. Complaints
15.1 If you have any complaints, please contact us via the contact details shown below.
- 16. Company information
16.1 Company name: Apples & Figs Ltd
16.2 Country of incorporation: England and Wales.
16.3 Registered number: 9389906
16.4 Registered office and trading address: Chaddesley Sanford, 3rd Floor, 3 Fitzhardinge Street, London, United Kingdom, W1H 6EF
16.5 Other contact information: See our website.
16.6 VAT number: Not Registered with VAT