Terms and Conditions
Price
Quoted prices exclude VAT (unless stated otherwise), VAT will be charged at the rate applying at the time of delivery.
Quoted prices expire after thirty days (unless stated otherwise).
Quoted prices exclude delivery (unless stated otherwise).
Quoted prices for business clients are estimates only, the price charged at the time of delivery may be different (unless stated otherwise).
Tax and duty on goods for business clients will be charged at the rate appropriate for the time of deliver.
We reserve the right to alter the price of goods at any time before the point of delivery to reflect changes in the cost of supplying the goods.
Delivery
All quoted delivery times are estimates only.
If the goods are not delivered within a reasonable time you may cancel the contract (by informing us in writing), subject to these conditions:
- the contract cannot be terminated if we receive your notice after the goods have been dispatched.
- after termination you may not claim anything else against us under that contract.
If you accept the delivery of goods after the estimated time of delivery, you may not claim against us for delay (including indirect or consequential loss, or a change in price of the goods).
Goods can be delivered in installments, where each installment is treated as a separate contract.
Delivery and Safety
We reserve the right to decline delivery if we feel it would be unsafe, unlawful, or unreasonably difficult. Or if the premises (or access to them) are unsuitable for the delivery vehicle.
It is your responsibility to inspect the goods on delivery. If any goods are damaged or undelivered you must write to inform us within five days of delivery (or the expected time of delivery). The same applies for when goods are supplied on sale or return, within five days of receipt of the approbation note. You must give us (and any carrier) a fair chance to receive and inspect the damaged goods.
Payment terms
Customers must pay us cash on delivery unless you have an approved credit account.
Business clients paying with an approved credit account must pay within thirty days of our invoice date. Where goods are sold on sale or return payment is due within seven days of the date of sale. If you fail to pay us in full within the specified time frame then we reserve the right to:
- Suspend or cancel future deliveries.
- Cancel any discount offered
- You must pay us interest at the rate set by the Late Payment of Commercial Debts Act 1998 (under s.6). Interest is calculated daily from the date of our invoice until full payment is made. Payments are compounded on the first day of each month. Before and after any judgment (unless a court orders otherwise).
- We reserve the right to claim a fixed sum of compensation from you (s.5A of the act)
- We reserve the right to recover the total cost of taking legal action against you to complete the payment.
For clients using an approved business credit account we may withdraw the required funds, reduce your credit limit or bring forward the due date at any time and without any notice. While you owe us money we reserve the right to hold any property of yours we may hold until you have paid us in full.
You are liable to us for losses we incur if you do not comply with our terms. We may claim those losses from you at any time. If legal action is required then we will ask the court to make you pay for our legal expenditures.
Finance
Third parties provide all finance payment options therefore Bijou Diamond Jewellery Ltd shares no liability for these agreements with any customer.
Title
For business clients until you pay all debts you may owe us:
- All goods supplied by us remain our property
- These goods must be stored clearly as our property
- You must insure the goods and retain proof of the policy for us.
Business clients must inform us (in writing) immediately if you cannot repay the debt. If your right to use and sell the goods ends you must allow us to retain the goods. Business clients are not our agent, you have no right to make any contracts on our behalf or in our name.
Warranties
We warrant that our goods comply with their description and are free from material defect at the time of delivery. If you believe that have supplied defective goods (material and workmanship) you must inform us immediately in writing with full details. You must allow us to investigate (we may require access to your premises and product samples). We are not liable for any other loss or damage of goods, indirect or consequential loss, financial loss or loss of profits or loss of use arising form the contract our supply of goods or their use, even if we are negligent. Nothing in these terms restricts or limits our liability for death or personal injury arising from negligence.
Watches
Bijou Diamond Jewellery Ltd are not authorised dealers of any watches sourced on behalf of clients. All pieces are sold as pre-owned unworn. All watches sold are done so with a manufacturer’s international warranty unless stated.
Specification
If we prepare goods to your requested specifications or instructions you must ensure that:
- All details of your request is accurate.
- The goods you have requested are appropriate for the use they will be subject to.
- Your request must comply with all intellectual property rights, and all laws and regulations.
We may make changes to the specification of our goods at any time to ensure they comply with any applicable safety or other requirements. For business clients we reserve the right to make minor modifications to the specifications and designs of our goods at any time without notice. Our photographs replicate true images of our jewellery including colour, we cannot be held responsible for slight variations seen due to other monitors.
Returns
We will accept the return of goods sold by us only:
- by prior arrangement (confirmed in writing)
- when a handling fee is paid (unless the goods were defective when delivered)
- if the goods are fit for sale as they were on initial delivery
We will not accept the return of the following goods sold by us:
- Made to order bespoke jewellery
- Any watch sourced specifically for a customer or business
Deposits
All deposits are non refundable when placing a bespoke jewellery order and any watch order for watches not in stock.
Export Terms
There must be a written agreement for goods being supplied by us to a customer outside of the United Kingdom (by export).
Cancellation
If your order is cancelled (for any reason) you are to pay us in full for all stock (finished or unfinished) we are currently holding or are committed to for the order. Customers cannot cancel orders unless we agree in writing. We reserve the right to cancel or suspend any order by written notice if:
- you fail to pay us money when due for the order or otherwise
- you become insolvent
- you fail to honour your obligations under these terms
Waiver and Variations
Any wavier or variation of these terms is binding in honour only unless:
- recorded in writing
- signed by both parties stating an intention to alter these terms
All orders placed with us will be on these terms (or any that we may issue in place of them). By placing an order with us you are agreeing to our terms and thereby waiving any printed terms you may have that are inconsistent with terms.
General
English law is applicable to any contract drawn under these terms. The English and Welsh courts have non-exclusive jurisdiction. If you are more than one person then each of you are liable for all your actions under these terms (joint and several liability). If any of these terms are unenforceable as drafted then they will not affect the enforceability of any of the other terms, if they can be amended to become enforceable then it will be treated as so amended. We may treat you as insolvent if you are unable to pay your debts as they are due or you (or any item of your property) are subject to a formal insolvency procedure (including but not limited to receivership, liquidation, administration, voluntary arrangements [including a moratorium] and bankruptcy), or any application or proposal for any formal insolvency procedure, or any proposal/procedure/application overseas of similar effect or purpose. The only statements upon which you may rely in drawing a contract with us are those made in writing by someone who is (or whom you reasonably believe to be) an authorised representative of the company.