These conditions shall apply to every contract entered in to by Raymond Lloyd Limited, trading as Philip Lloyd Jewellers(subsequently referred to as “Philip Lloyd Jewellers” throughout these terms) for the sale of goods to or the undertaking of work on behalf of any person, firm or company. The placing of an order by the buyer shall be deemed to be an acceptance of these conditions of trading notwithstanding any purported terms put forward by the buyer.
Philip Lloyd Jewellers have attempted to describe items accurately but slight variations in actual goods may occur. Any claim howsoever arising will not exceed the price of the goods supplied to the buyer.
Philip Lloyd Jewellers shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way. The company cannot accept any liability for a failure to comply with specific instructions. This statement does not affect your statutory rights. Goods are sold on the understanding that they are to for used only for their intended purpose. All offers are subject to stock availability and we reserve the right to restrict or refuse any order of any application for credit at any time. We take care to show correct sizes and specifications and such descriptions whilst given as a guide are subject to alteration by the seller without notice.
By placing an order with Philip Lloyd Jewellers, the buyer and seller accept the following conditions:
1. DEFINITIONS In these terms and conditions the seller or the company means Raymond Lloyd Limited, trading as Philip Lloyd Jewellers and the buyer mean the purchaser of goods from the seller under these terms and conditions.
2. INTELLECTUAL PROPERTY. Copyright, trademarks, database and other intellectual property rights protect the goods supplied. You may not reproduce, modify or copy or distribute or use for commercial purposes any of the materials or content without the written permission of Philip Lloyd Jewellers.
3. PRICES. Are those ruling at dispatch and are subject to alteration as may be necessary. Unless otherwise stated prices and delivery charges will be inclusive of VAT and exclusive of delivery costs.
4. ORDERING. Orders can be placed by phone on 01737 245045 or online at www.philiplloydjewellers.co.uk
5. PAYMENT. Payment is due to the company in full prior to dispatch of goods. Cheques payable to Philip Lloyd Jewellers.
6. SUGGESTED RETAIL PRICE. The retail price of Philip Lloyd Jewellers products has been carefully considered to take into account market demands and value.
7. NO MINIMUM ORDER. We will be delighted to accept a minimum order.
8. CLAIMS. Claims for loss or damage to goods in transit cannot be accepted unless the company is advised within 48 hours of receipt of goods in the case of damage. The company must be informed in writing within 14 days of date of invoice in the case of loss. The company will not entertain claims made outside the stated time limits. Our total liability of any one claim or for the total of all claims arising from any one act or default (whether arising from our negligence or otherwise) shall not exceed the contract price.
9. RETURNED GOODS. When goods have been ordered in error or are not as expected, the company may agree to their return on the following conditions. You can request a refund within 14 days of the date of despatch and an exchange within 30 days from the date of the despatch.
a) A request must be made to Philip Lloyd Jewellers within seven days of receipt of goods.
b) items can only be returned in their original condition, unaltered, unworn and sent back to us with its original packaging. Your statutory rights are not affected. c) Refunds will be subject to the purchase price. Carriage charges will not be refunded.
d) For health & safety reasons PIERCED EARRINGS CANNOT BE RETURNED.
10. DELIVERY the times quoted (if any) are given in good faith, but shall not be binding. To facilitate a prompt delivery, all dispatches will be made direct from the point of ordering. Philip Lloyd Jewellers can accept no responsibility for transport delays or circumstances out of their control causing late delivery. Neither Philip Lloyd Jewellers nor their designated carrier will accept claims for consequential loss due to late deliveries.
11. EXPORT. We will be happy to quote for export orders.
12. CANCELLATION. Prior to despatch, cancellation will only be accepted on the following terms:
a) 5% handling charge on standard items.
b) Special non-standard items such as specialised equipment or items with personalised logos cannot be cancelled and payment must be made in full.
13. CANCELLATION AFTER DESPATCH CANNOT BE ACCEPTED
14. ALTERATIONS. Any modification to orders must be confirmed in writing by the buyer and agreed in writing by the company.
15. GUARANTEE. All items are guaranteed according to the relevant manufacturer's warranty; no returns or replacements will be accepted due to fire, accident, misuse, fair wear and tear, neglect or any attempt at repair or adjustment.
16. LIMITATION OF LIABILITY AND LOSS.
a) Nothing in this clause 16 shall limit the buyer's payment obligations under this agreement
b) Subject to clause 16a) above, the following specified types of loss are excluded (i) Loss of profits (ii) loss of sales or business, (iii) Loss of agreements or contracts (iv) Loss of anticipated savings (v) loss of or damage to goodwill (vi) indirect or consequential loss.
c) Philip Lloyd Jewellers has given commitments as to compliance of the goods with relevant specifications in these terms and conditions. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
d) Unless a party notifies the other party that it intends to make a claim in respect of an event within the notice period, the other party shall have no liability for that event. The notice period for an event shall start on the day on which the party wishing to make a claim became, or ought reasonably to have become, aware of the event having occurred (as opposed to it becoming aware of its having grounds to make a claim in respect of it) and shall expire 1 month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
17. RETENTION OF TITLE CLAUSE
a) The risk in all goods passes to the buyer upon delivery but title in the goods remains vested in Philip Lloyd Jewellers and shall pass from Philip Lloyd Jewellers to the buyer upon full payment being made of all sums to Philip Lloyd Jewellers.
b) It is the buyer’s responsibility to insure the goods upon receipt of the goods whether by delivery or collection from Philip Lloyd Jewellers.
c) The buyer agrees that prior to the payment of the whole price of the goods, Philip Lloyd Jewellers or appointed agents may enter the buyer's premises to collect such goods should the seller request. Prior to such payment, the buyer shall keep the goods separate and identifiable for the purpose, and return the goods to the Seller should the Seller request.
18. OTHER IMPORTANT TERMS
a) This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
c) No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
d) If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
e) Each party confirms it is acting on its own behalf and not for the benefit of any other person. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
f) This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
g) Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
