WEBSITE TERMS AND CONDITIONS
WELCOME TO THE Love Moissanite WEBSITE TERMS AND CONDITIONS FOR USE. THESE
TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT LoveMoissanite.com.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER
OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEBSITE.
The www.LoveMoissanite.com website is operated by: The Jewellery Centre
Our contact details are as follows:
Trading address:
36 Barnsley Road,
South Elmsall,
West Yorkshire,
United Kingdom,
WF9 2RF.
General email:
contact@lovemoissanite.com
Telephone number:
01977 641419
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering
your details with us. Certain areas of this Website are only open to you if you
register.
1.2 We may revise these terms and conditions at any time by updating this
posting. You should check this Website from time to time to review the then
current terms and conditions, because they are binding on you. Certain provisions
of these terms and conditions may be superseded by expressly designated legal
notices or terms located on particular pages of this Website. If you do not wish to
accept any new terms and conditions after we have given notice, you should not
continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online
checkout process. As part of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send
you a despatch confirmation by email. When we despatch the order the purchase contract
will be made even if your payment has been processed immediately, unless we have
notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Exact physical stone size may vary slightly as each stone is unique.
3. PRICING
3.1 Where we charge separately for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our specified pricing structure shown
elsewhere on this Website.
3.2 Our prices are reviewed periodically and the next review will be on 01/09/2010.
3.3 We reserve the right to modify prices shown on the Website at any time.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@lovemoissanite.com before we have dispatched
the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in
accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within
7 days of receipt for a full refund or exchange according to the Distance Selling
Regulations (2000). The costs of returning goods to us
shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or
an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in
the following circumstances: -
(a) in the event that the product has been used or to any products that we have made or
customised specifically for you.
(b) for any item which has been made to order, personalised or deemed bespoke in nature.
The provisions of this clause 4.4 do not affect your statutory rights.
4.5 The right to cancel does not apply to bespoke items or items which are made to order, these
orders cannot be cancelled after we start the manufacturing process and you agree to the
timescale stipulated in the supplying of the item.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your own
use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material
on this Website (including without limitation photographs and graphical images) are owned
by us or our licensors. For the purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and conditions, your permission to use this
Website automatically terminates and you must immediately destroy any downloaded or printed
extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other
website or included in any public or private electronic retrieval system or service without
our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will
not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system
failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy
http://www.LoveMoissanite.com/Privacy-Policy, any material you transmit or post to this Website
will be considered non-confidential and non-proprietary. We will have no obligations with respect
to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and other things embodied therein
www.lovemoissanite.com/Privacy-Policy for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to
civil liability, or otherwise be contrary to the law of or infringe the rights of any third party,
in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful
data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing
us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use
these links, you leave this Website. We have not reviewed all of these third party websites and do
not control and are not responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or any material found there, or
any results that may be obtained from using them. If you decide to access any of the third party
websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the The Jewellery Centre
logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any The Jewellery Centre trade marks displayed on this Website without
our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or otherwise does not comply with all
applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these
terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer
or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.LoveMoissanite.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and
password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect
that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you
breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant
the accuracy and completeness of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described in it, at any time without
notice. The material on this Website may be out of date, and we make no commitment to update
such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with
this Website on the basis that we exclude all representations, warranties, conditions and
other terms (including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which but for these
terms and conditions might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering
this Website), and any of our group companies and the officers, directors, employees, shareholders
or agents of any of them, exclude all liability and responsibility for any amount or kind of
loss or damage that may result to you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or connected in any way to
business interruption, and whether in tort (including without limitation negligence), contract or
otherwise) in connection with this Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked to this Website or the material
on such websites, including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access to, use of, or
browsing this Website or your downloading of any material from this Website or any websites
linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal
injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot
be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction
of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and
agents, harmless from and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use
of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English
law. Disputes arising in connection with these terms and conditions shall be subject to the
exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for
use outside the United Kingdom.
It is prohibited to access the Website from territories where its contents are illegal or unlawful.
If you access this Website from locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and
conditions.
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to
be invalid, the invalidity of that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts
(Rights of Third Parties) Act 1999.
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