Conditions of sale of goods and for the provision of
services
1. Basis of the sale
1.1 Rowan Davis Jewellery Ltd shall sell goods and/or supply services
and the customer shall purchase the goods and/or take supply of the services
in accordance with any quotation of Rowan Davis Jewellery Ltd which is
accepted by the customer, or any order of the customer which is accepted
by Rowan Davis Jewellery Ltd, subject in either case to these conditions.
1.2 No variations of this agreement shall be binding unless agreed in
writing between authorized representatives of Rowan Davis Jewellery Ltd
(This means any director or senior manager) and the customer.
1.3 Any advice or recommendation given by Rowan Davis Jewellery Ltd or
its employees or agents to the customer or its employees or agents as
to the storage, application or use of the goods or the application or
use of the services which is not confirmed in writing by an authorized
representative of Rowan Davis Jewellery Ltd is followed or acted upon
entirely at the customer's own risk, and accordingly Rowan Davis Jewellery
Ltd shall not be liable for any such advice or recommendation which is
not so confirmed.
1.4 Any clerical or other error or omission in any sales literature,
quotation, price list or catalogue, acceptance of offer, invoice or other
document or information issued by Rowan Davis Jewellery Ltd shall be subject
to correction without any liability on the part of Rowan Davis Jewellery
Ltd.
2. Orders and Specifications
2.1 The customer shall be responsible to Rowan Davis Jewellery Ltd for
ensuring the accuracy of the terms of any order (including any applicable
specification) submitted by the customer, and for giving Rowan Davis Jewellery
Ltd any necessary information relating to the goods and/or services within
a sufficient time to enable Rowan Davis Jewellery Ltd to perform the contract
in accordance with its terms.
2.2 The quantity, quality and description of and any specification for
the goods or services shall be those set out in the Rowan Davis Jewellery
Ltd quotation or catalogue if accepted by the customer or as set out in
the customer's order if accepted by Rowan Davis Jewellery Ltd.
2.3 No order which has been accepted by Rowan Davis Jewellery Ltd may
be cancelled by the customer except with the agreement in writing of an
authorized representative of Rowan Davis Jewellery Ltd and on the understanding
that the customer shall indemnify (by paying the requested amount) Rowan
Davis Jewellery Ltd against all loss (including loss of profit), costs
(including cost of labour and materials used and time spent dealing with
paperwork), damages, charges and expenses incurred by Rowan Davis Jewellery
Ltd. In all orders cancelled with the permission of both parties, an additional
surcharge of up to 10% may be removed from any refund given for paperwork
only.
3. Price of the goods
3.1 The price of goods and/or services shall be Rowan Davis Jewellery
Ltd's quoted price either in the up to date catalogue or any up to date
sales literature or by formal, written quotation. All prices quoted by
written quotation for a special order are valid for a period of 30 days
only or until earlier acceptance by the customer, after which time they
may be altered by Rowan Davis Jewellery Ltd. Once accepted by the customer
and Rowan Davis Jewellery Ltd the price will remain fixed unless the conditions
of 3.2 are adhered to change the price.
3.2 Rowan Davis Jewellery Ltd reserves the right, by giving notice to
the customer at any time before delivery or before goods are paid for,
to increase the price of the goods and/or services to reflect the increase
in the cost to Rowan Davis Jewellery Ltd which is beyond the control of
Rowan Davis Jewellery Ltd (such as, without limitation: any market fluctuation,
any foreign exchange fluctuation, currency regulation, alteration of duties,
significant increases in the costs of labour, materials or other manufacturing
costs). In the event of the above occurring, the customer may decline
and cancel the order with no further costs and will be entitled to a full
refund. However, any change in delivery dates or quantities or specifications
for the goods which is requested by the customer, or any delay caused
by any instructions of the customer or the failure of the customer to
give Rowan Davis Jewellery Ltd adequate information or instructions shall
be charged to the customer.
3.3 In addition to charges quoted in the catalogue or price lists or
sales literature or quotations, the customer will be liable to pay for
the transport, packaging and insurance of the goods while in transit from
Rowan Davis Jewellery Ltd to the customer. This shall be charged to the
customer with the order invoice and paid with the order in full.
3.4 The prices include any applicable taxes.
4. Terms of payment
4.1 Unless it is agreed in writing, payment will be in full with no reductions
unless they are part of an offer or on the customer's account held with
Rowan Davis Jewellery Ltd.
4.2 The customer shall pay the price of the goods and/or services before
the last business day of the month following the month of the date of
invoice. Terms of payment unless agreed by Rowan Davis Jewellery Ltd otherwise
will be on a pro forma basis. The invoice shall be dispatched once the
goods are made. Payment may be in the form of cash, cheque, postal order
or direct bank transfer. Rowan Davis Jewellery Ltd does not currently
accept credit card or online orders. It is left to the discretion of Rowan
Davis Jewellery Ltd as to which payment method is used at the time of
order.
4.3 If the customer fails to make full payment on the due date, the goods
will not be dispatched, and the order contract is cancelled and declared
void. If good have been dispatched they remain the property of Rowan Davis
Jewellery Ltd until paid for or returned and any excess paid by the client.
Rowan Davis Jewellery Ltd may charge up to 40% of the agreed price of
an item to cover cost incurred to Rowan Davis Jewellery Ltd during the
manufacture of the item.
4.4 Should any order be dispatched before payment is due, the customer
will still be bound by this order contract. If payment is not received
by Rowan Davis Jewellery Ltd within one month following dispatch of the
order, then Rowan Davis Jewellery Ltd shall be entitled to:
4.4.1 cancel the contact and suspend any further deliveries to the customer
and request the item(s) to be returned to Rowan Davis Jewellery Ltd in
the same condition as they were dispatched. All items remain the property
of Rowan Davis Jewellery Ltd until fully paid for.
4.4.2 charge the customer a sur-charge of 3% per month for the amount
due as dictated by this document together with the invoice/quotation originally
sent out to the customer.
4.4.3 take further action even with the use of a court of law to settle
the business.
5. Delivery
5.1 If the customer fails to take delivery of the goods or refuses delivery
of the goods or fails to give correct delivery instructions at the time
of order, Rowan Davis Jewellery Ltd shall not be liable and will not refund
any money. If the item is returned by the Post Office, then Rowan Davis
Jewellery Ltd will store it adequately, and the customer will pay any
further postage charges for sending the goods again at a later date.
6. Risk and property
6.1 Risk of damage to or loss of goods shall pass from Rowan Davis Jewellery
Ltd to the customer:
6.1.1 when the customer receives delivery of the goods.
6.1.2 or when the goods arrive at another destination designated by the
customer at the time of order.
6.2 The goods remain the property of Rowan Davis Jewellery Ltd until
fully paid for by the customer.
6.3 All goods have a six-month warranty on product failure (eg. Cufflink
chains breaking) which guarantees the customer a full repair service at
no charge to the customer (except for postage). However as almost all
items are handmade, any damage judged by Rowan Davis Jewellery Ltd or
it representatives to be the cause of negligence on the part of the customer
will not be repaired free of charge and a separate repair service is available
to deal with such problems.
6.4 All designs are property of Rowan Davis Jewellery Ltd and no design
or part of a design may be copied (directly or partly) without the permission
of Rowan Davis Jewellery Ltd in writing and signed by all of the partners.
7. Internet Orders
7.1 All orders via the Internet are subject to the same conditions as
those above.
7.2 No online transactions at present can be carried out, all orders
are strictly in the form of "enquiries" and become official
orders upon the sending of an invoice to the customer or acceptance over
the telephone or by e-mail, when this contract becomes legally binding
between the customer and Rowan Davis Jewellery Ltd.
8. Return of Goods
8.1 Returned goods will only be accepted by Rowan Davis Jewellery Ltd:
8.1.1 i) within 7 days of receipt of the goods
8.1.2 ii) in the same unused, condition as when dispatched
8.1.3 iii) if the goods are deemed to be faulty or not the goods ordered
by the customer
8.2 Returned goods will be entitled to a full refund or exchange. All
refunds requested that do not satisfy all the conditions in 8.1 above,
but that are accepted by Rowan Davis Jewellery Ltd, will carry a charge
of up to 10% of the original price to cover administration charges. Rowan
Davis Jewellery Ltd reserves the right not to accept returned goods for
refunds if all the conditions in 8.1 are not met.
ALL ORDERS UNDERTAKEN ARE SUBJECT TO AGREEMENT TO THIS CONTRACT BY THE
CUSTOMER.
Registered in England. Company No.4785125
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