Terms Of Sale
Please read the below terms of sale.
When purchasing at Ettie Rocks you agreeing to these Terms of Sale.
Interpretation
In these terms of sale, “we” means Ettie Rocks (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Order Process
No contract between you and us will happen until we accept your order in accordance with the below details
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
(iv) you will be transferred to the online payment system which will handle your payment;
(v) we will then send you an order acknowledgement; and
(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your record.
The only language in which we provide these terms of sale is English.
Before confirming your order, you will have the opportunity of identifying whether you have made any ordering errors by asking you to review the information you have submitted. You may correct these errors before submitting your order and payment.
The Products
Ettie Rocks Jewellery
Price and Payment
All prices for products are quoted on our website. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you purchase the product.
In addition to the price of the products, delivery charges will be added to your order. The delivery charges will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by the methods detailed on the website.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
Delivery Policy
We will arrange for the products to be delivered to the address for delivery stated in your order.
We will use reasonable endeavors to deliver products on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the receipt of payment and the date of our order confirmation.
Orders outside of the UK in the European Union will be subject to delivery costs based on the weight and destination of your order. You will have an opportunity to cancel your order in case these costs are not acceptable.
If we agree to supply any Products ordered from the Website outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. Any such payment will be your responsibility including any duties and / or taxes aplicable. Please contact your local customs office in order to enquire about any such applicable taxes or duties, we will not be liable for any breach by you of any such laws.
Risk and Ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products including delivery charges.
Consumers: Statutory Rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
Refunds
If you cancel a contract, prior to receiving the dispatch confirmation and you are entitled to a refund, we will typically refund any money received from you using the same method used by you to pay for your purchase. We will process the refund within 30 days of the day we received your valid notice of cancellation.
Force Majeure
In this Section, “force majeure event” means:
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to a failure or delay in us performing our obligations under these terms of sale, we will endeavor to notify you forthwith.
Contract Cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
Consequences of Cancellation
Upon cancellation of a contract;
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products)
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.