1. Introduction
1.1. The website on which these Terms of Sale appears (“Our Site”) is owned and operated by, and the words “We/Us/Our” in these Terms of Sale mean, F&A Bridestones Limited, English and Welsh Company Number 11215018, which deals only in business.
1.2. These Terms of Sale, together with any and all other documents they refer to, set out the terms under which the goods (“Goods”) sold through Our Site are sold to customers who deal in the course of trade (a trade customer) and are purchasing goods from our site for the purpose of resale. These terms of sale do not apply to consumers By agreeing to these terms and conditions you confirm you are trade customer as defined in 1.2 and are legally capable of entering into a legally binding contract.
2. Sales Contract
2.1 After submitting your order via our website you will receive an email. acknowledging our receipt of your order.
2.2 No part of Our Site constitutes a contractual offer capable of acceptance by you. Your Order constitutes your contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that the Order has been accepted; confirmation of acceptance is only ever indicated by taking payment and delivering the goods. (“Order Confirmation”). Order Confirmations will be given after an invoice is issued and payment received. If no estimated delivery date is given we will normally attempt to deliver the Goods within 14 days of the date of the Order Confirmation. Your payment or delivery of the goods (whichever is sooner) will constitute the formation of a legally binding contract based on the terms outlined in these Terms and Conditions of Sale. The contract formed will relate only to those goods which we are able to deliver. We will not be obliged to supply any other goods which may have been part of your order.
2.3 If for any reason we beyond are resonable control we are unable to a supply a particular item we will not be liable to you. When an item you have ordered is unavilalbe we will , if requested, attempt to deliver a suitable subsitute.
2.4 The actual value of your order cannot be determined until we have processed your order and a final Invoice has been generated. The order value shown in your basket and our order acknowledgement is for your guidance only. In most cases your final order value will differ to the amount shown your origianl order.
The Delivery charge shown on your order is based on the delivery of 1 carton (30kg) of non-prescious items to an UK address. Therefore the actualy delivery charged will be greater for precious items, larger consignments or for deliveries to addresses outside the UK The actual amount you will finally pay is dependant on stock being availble on the day your order is picked, discounts being applied (if applicable), and exact delivery charges being applied. Delivery of your goods will be accompanied with an Invoice and picking list. The accompanying Invoice and not your orginal order submission should be used when determining the final amount paid and reconciling payments with your bank/credit card stements.
3. Goods, Pricing and Availability
3.1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available to order through Our Site correspond to the actual Goods. Please note, however, that images of Goods are for illustrative purposes only, and:
3.1.1. Due to differences in computer displays and lighting conditions there may be minor variations in colour between an image of a product and the product sold;
3.1.2. due to the nature of the Goods sold through Our Site, there may be up to a 2% natural variance in the dimensions of those Goods between the actual Goods and Our description of those Goods.
3.1.3. Minor changes may, from time to time, be made to certain Goods between your order for Goods (“Order”) being placed, and Us processing that Order and dispatching the Goods, for example, to reflect changes in regulatory requirements, to address particular issues, or changes of supplier – but not to change any of the main characteristics of the Goods, and not normally to affect your use of those Goods.
3.2. All descriptions or photographs are for illustration only and are designed to provide you with reasonable information about the products featured.
3.3. Unless otherwise stated as being “Sterling Silver” or “9ct, 18ct or 24ct Gold” Goods described as gold or silver are reference to the colour of the Goods and/or their plating.
3.4. Our site features a very large number of products. Despite our best efforts to keep our site up-to-date to ensure these products are actually available for supply, the supply of some of these products may not be possible due to circumstances beyond our control (e.g. unexpected customer demand, extended manufacturer lead times, product discontinuation by our supplier).
3.4.1. In the event that some products ordered are not available, and you have opted for substitutions via the check box on your shopping basket page, we will, where possible, provide products similar in design, colour and price point;
3.4.2. If We are unable to supply some of the products ordered (or where applicable substitute products) we will amend your order accordingly.
3.5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
3.6. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you (via telephone or in writing) to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 days, We will treat your Order as cancelled and notify you of this in writing.
3.7. All prices on Our Site exclude VAT. If applicable VAT rate will be applied to your invoice at the UK statutory rate. The Supply of goods to business outside the UK but within EC will be exempt from Vat only on the production of a Valid Vat Number and checks carried out being satisfactory. Supplies to countries outside the EC will automatically be exempted for Vat.
3.8. Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process. 3.9 Minimum Order Value 3.9.1 The minimum order value for the purchase of goods through our site Is currently set at £ 100.00 excluding (where applicable) carriage and VAT. We reserve the right, without notice, to change the minimum order value set at any time. 3.9.2 You will be unable to submit your order if the total value of your order is less than the minimum order value set on Our Site
4. Orders – Acceptance – Payment
4.1. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, you agree to pay those costs.
4.2 Payment for Goods and related delivery charges immediately becomes due once your order has been processed and our Invoice has been raised.
5. Payment Methods
5.1. We offer several payment options which can be utilise, to make payment of your order. Your preferred payment option can be selected during the ordering process. The payment options available are:- 5.1.1 Payment by Credit/Debit Card. When selecting this option you will be directed online to a secure third party (Sagepay) payment Portal . Your credit/debit card details are encrypted to prevent unauthorised access. By submitting your details via this portal you will have pre-authorised payment to be taken from your account.
Full authorisation will only take place immediately prior to dispatch of your goods after your order has been processed and Invoiced.
Upon full authorisation the Total amount shown on our Invoice will be requested from your bank . In the event that We have to amend your original order due to stock unavailability applied discounts (where applicable) , carriage charge adjustments , the total amount charged to your credit/debit card may be different to total shown on your original order.
Payment by Debit/Card will normally only be accepted by US, if the delivery address given is within the UK and matches that to which the credit/debit card is registered. Delivery of goods to an address different to that of the registered address of the Card used will only be allowed at our sole discretion. The use of an alternative method of payment is advised if a different address for delivery is required.
5.1.3 Payment via Telephone. If you have selected this payment option We will contact you on the telephone number which you provided during the order process, to confirm your order amount and to take payment by credit/debit card. Your payment details will be handled securely in accordance with our PCI obligations. If We cannot speak to you on the number provided We will attempt to contact a further time over the next 7 days. If after 7 days We have not been able to speak to you We will consider your order cancelled.
5.1.4 For payment via Cheque . After selecting this option we will contact you once we have processed your order and a payment due amount has been obtained. On receipt of your Cheque, clearance will need to be obtained by US from our bank before your goods are released for delivery . Upon clearance of your cheque we will notify you that your goods have been released for delivery.
5.1.6. Payment by Bank Transfer; If you have selected this payment option we will contact you with the payment amount due and our Bank details, as soon as your order has been processed. Under most circumstances this is the only payment method we will accept for goods being exported outside the UK. You our advised to confirm when your remittance by bank transfer has been made. We will contact you to confirm receipt of your payment and dispatch of your goods.
5.4. Payment via Credit/Debit Card is completed through Our third party provider. We will take payment using the details provided to the third party. We will only take payment via this method where the delivery and billing address are different.
5.5. We reserve the right to refuse payment by any of the methods selected.
6. Delivery – Risk – Ownership
6.1. If We are unable to deliver the Goods on the delivery date because no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods; if you do not then collect the Goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Order as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering and re-stocking the Goods.
6.2. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address, you have provided.
6.3. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
6.4. Delivery of Goods outside the UK will be under the following conditions:
6.4.1. All taxes and levies will be payable by you in the country of delivery;
6.4.2. We do not advise on the amount of such levies;
6.4.3. VAT will not be applied to any Goods which are to be exported outside the UK. Businesses within another EC country will be to provide details of their Vat registration.
6.4.4. A Certificate of Shipment is required when shipment is to be arranged through a third party.
6.5. Due to limitations imposed by Our Insurers ,we are unable to export goods to the following Countries:-
North America, Canada, Afghanistan, Angola, Cuba, Ethiopia, Iran, Iraq, Lebanon, Liberia, Libya, Myanmar, Nicaragua, Nigeria, North Korea, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Uganda, Countries comprised by the former territories of USSR and/or the Federal Republic of Yugoslavia and/or Republic of Serbia, or any other country where local legislation decrees insurance must be effected locally, unless specially declared and accepted by underwriters prior to shipment.
We reserve the right to add to the list of excluded Countries without notice.
6.6. Buyers who wish to use their own Courier or Freight Forwarder for the purpose of delivery are responsible for insuring goods whilst in transit. The Sellers liability for loss or damage will cease at the point of despatch.
7.1 If the issue with the Goods for which you wish to return them was an issue that:
7.1.1. We had informed you about before you ordered; or
7.1.2. results from your use of the Goods for any purpose that is neither obvious nor made known to Us, and for which the Goods are unsuitable, or
7.1.3. results from normal wear and tear; or
7.1.4. results from misuse or intentional or careless damage (other than by Us or our carrier); or
7.1.5. You have failed to notify Us within 7 days of receipt of the Goods.
7.2 IF any Goods you have purchased are delivered being:
7.2.2. materially different from Our description of them at the time of purchase; or 7.2.3. faulty or damaged, or
(“Unsatisfactory Goods”) then please contact Us as soon as reasonably possible to inform Us of the precise fault, damage or error, etc. and to arrange for a refund, repair or replacement at our option.
7.3. We will, at Our sole discretion, pay for the delivery costs of any replacement or repair. If you have returned the Goods because you have ordered incorrectly We will not be responsible for the cost of shipment/delivery.
8. Alteration and Cancellation
8.1. If you wish to amend or alter your order you must do so within 24 hours of your order being placed with Us.8.2. If you no longer want to receive your order and wish to cancel you must notify Us within 24 hours of submitting your order.
9. Limits on Liability
Apart from liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, We will only be responsible for any loss or damage that you may suffer as a direct result of breach of these Terms of Sale (or the Order) or as a result of Our negligence which is an obvious consequence of Our breach or negligence that was reasonably mutually contemplated at the time of the Order Confirmation (but not otherwise) – but not for any indirect losses arsing from any matters, including any loss of profits or loss of opportunities – and in any case only up to the value of the relevant Order.
10. Other
10.1. The contract is between you and Us; it is not intended to benefit any other person in any way and no such person will be entitled to enforce any provision of these Terms of Sale.10.2. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
10.2. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
10.3. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable notice of the changes.
10.4. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
10.5. Any disputes concerning these Terms of Sale or the relationship between you and Us, shall be subject to the exclusive jurisdiction of the courts of England and Wales.