No products in the cart.
OUR TERMS OF SALE
THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have a question regarding any of these terms, please contact us.
1.3. Products. In these Terms, we use the words “products” or “goods” or “items” to refer to all items of THOROUGHBRED jewellery that we sell.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are G.R.S. Jewellery Manufacturing Limited (“GRSJM”) a company registered in England and Wales. “Thoroughbred Jewellery” is a trading name of our company. THOROUGHBRED is registered as a trade mark in the European Union as we explain further in Term 15.7. Our company registration number is 07182794 and our registered office is at 1623 Warwick Road, Knowle, Solihull, West Midlands, B93 9LF, United Kingdom. We are not presently registered for VAT.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44 (0)121 436 5499 (“our Telephone Number”) or by writing to us by email at am@thoroughbredjewellery.co.uk (“our Email Address”) or by post to 88a Vyse Street, Hockley, Birmingham, B18 6JZ, United Kingdom (“our Postal Address”).
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order or in any enquiry.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because any personalised or bespoke order cannot be made, because of unexpected limits on our resources which we could not reasonably plan for, because your credit card or debit card or other payment is declined, because we have identified an error in the price or description of the product or because we are unable to meet any delivery deadline.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We sell our products anywhere in the world. We are happy to accept orders from and deliver to addresses outside the United Kingdom. Please contact us if our standard shipping options are not appropriate to your chosen delivery location. Please be aware that cross-border shipment of goods are subject to opening and inspection by customs authorities.
OUR PRODUCTS
4.1. Our products generally. Standard THOROUGHBRED items are shown on our website or in any promotional literature we produce. All of the items you see are made upon acceptance of your order and sent to you as soon as possible.
4.2. Products may vary slightly from their pictures. The images of the products on our website or shown elsewhere are for illustrative purposes only. Although we have made every effort to display visual aspects of the products accurately, we cannot guarantee that the display of the products reflects how the products actually appear. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, colour shades, dimensions and measurements indicated on our website may vary slightly from the images you have seen. Please see Term 13.1.
4.3. Product packaging may vary. The packaging of the product may vary from that shown in images on our website or elsewhere.
PERSONALISED OR BESPOKE PRODUCTS
5.1. Personalised items. We may agree to personalise items in our THOROUGHBRED standard silver range by engraving the relevant product to your order where possible. Please specify your requirement when you order.
5.2. Bespoke items or special requests. If you wish us to make any bespoke version of any of our products, or create a new design for you in accordance with your specific requirements, please contact us. We will let you know if the design you specify is possible. If it is possible we will let you know about the estimated price of the product, the timing of supply or anything else which would be necessary and ask you to confirm whether you wish to go ahead. If we cannot make the new product, or if the consequences or costs of making the change are unacceptable to you, you may want to end the contract (see Term 8 – Your rights to end the contract).
5.3. Making sure your bespoke specifications are accurate. If we are making the product to any specifications you have given us, you are responsible for ensuring that these specifications are accurate.
OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2. More significant changes to the products. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product. But if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received if you do not accept the changes. We shall however make reasonable efforts to inform you of changes before we accept your order.
6.3. Changes to these terms. If we have no contract with you, we may change these terms on our website at any time and they will be binding on you if you subsequently enter into a contract with us.
PROVIDING THE PRODUCTS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. In the event that you have ordered personalised or bespoke products as described in Term 5, we will contact you with an estimated delivery date or try to agree a delivery date with you.
7.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Term 10.2 will apply.
7.6. Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
7.6.1. we have refused to deliver the goods;
7.6.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.6.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Term 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Term 7.6 or Term 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on our Telephone Number or by writing to us at our Email Address or Postal Address, for a return label or to arrange collection.
7.9. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.10. When you will own the goods. You own the product once we have received payment in full. We own the goods until the price and any other monies due to us have been paid in full and received in cleared funds. In the event that you possess the product before we have received full payment, the product must be kept in a satisfactory condition with all of its original packaging and labelling fully intact.
7.11. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, if they are personalised or bespoke products, or your full and accurate delivery address in any case (especially if you are overseas or there are special delivery requirements). If necessary, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Term 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.12.1. deal with technical problems or make minor technical changes;
7.12.2. update the product to reflect changes in relevant laws and regulatory requirements;
7.12.3. make changes to the product as requested by you in connection with any personalisation or bespoking as we refer to in Term 6.
7.13. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days after the original agreed date for delivery we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Term 12.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Term 12.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Term 12.4).
YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Term 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see Term 8.2;
8.1.3. If you have just changed your mind about the product, see Term 8.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the reasons set out in Terms 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see Term 6.2);
8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late: see Term 7.6.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right under these Regulations to change your mind within 14 days of your receipt of the products and receive a refund.
8.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of any goods that have been personalised or made bespokely or to your design, all as described in Term 5.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email. Please call our Telephone Number or email us at our Email Address. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2. By post. Write to us at our Postal Address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by courier. Please call customer services on our Telephone Number or email us at our Email Address to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return only:
9.3.1. if the products are faulty or misdescribed;
9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.6.1. Your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see Term 9.2.
9.6.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products: see Term 7.11.
10.1.3. you do not, within a reasonable time, allow us to deliver the products to you.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in Term 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on our Telephone Number or write to us at our Email Address or at our Postal Address.
11.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the contract we make with you on these Terms and your rights implied by law. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• up to 30 days: if your goods are faulty, then you can get an immediate refund;
• up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Term 8.3.
11.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call us on our Telephone Number or email us at our Email Address to arrange collection.
PRICE AND PAYMENT
12.1. Where to find the price for the product. The price of the product will be the price indicated on the order pages on our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Term 12.2 for what happens if we discover an error in the price of the product you order.
12.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.3. When you must pay and how you must pay. We accept payment by means of most credit and debit cards. If you order an item which is not listed on our website, you may be asked to pay a deposit of 50% of the total cost to confirm that you are happy to go ahead with your order. You must pay the total amount for the products before we dispatch them.
12.4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
12.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We do not give you any warranty that any information on our website is accurate or that any products we supply you with are suitable for your purposes, even if you make these purposes known to us.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care: and for defective products under the Consumer Protection Act 1987
13.3. We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1. How we will use your personal information. We will use the personal information you provide to us:
14.1.1. to supply the products to you;
14.1.2. to process your payment for the products; and
14.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
14.3. Further details relating to our use of your personal information is set out in our Privacy Policy.
OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4. If a court finds part of the contract on these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales. You can bring legal proceedings in respect of the products in the English or Welsh courts.
15.7. Our intellectual property rights. THOROUGHBRED and the THOROUGHBRED logo are registered European Union Trade Marks in the name of GRSJM under registration numbers 011518404 and 011518503 respectively. GRSJM owns all copyright in its website(s), in photographs and other images of our products, and in these terms. All of our copyright may be enforced in the United Kingdom as well as in other countries on account of certain international legal treaties. Unregistered design rights may apply in some countries to our products themselves. All of our rights in the intellectual property rights we describe, and any other intellectual property rights that may belong to us now or in future, are reserved and no licence to use any of them is given to you by GRSJM or may be implied if you do business with us.
Terms of Sale: version dated 15.03.2017
© 2017 G.R.S. Jewellery Manufacturing Limited
