TERMS & CONDITIONS
TERMS OF WEBSITE USE
INFORMATION ABOUT US
www.phelansjewellers.com is a site owned, operated and managed by Phelans Jewellers Limited, registered in England and Wales - Registered No: 05682037. VAT No: GB 875 5919 66. Registered Office:
Phelans Jewellers Ltd
14a Crown Walk
Telephone: 01908 694488 (Monday to Saturday 10am-5:30pm, Sunday 11:00am-4:00pm excluding Bank Holidays)
When you use this website or shop with Phelans Jewellers instore, these Terms & Conditions apply and you agree to be bound by the terms set out below.
ACCESSING OUR SITE
We take care and time to try and ensure our website is as accurate as possible, both in terms of prices displayed and description of products and services. All measurements displayed are approximate and any errors will be wholly unintentional.
We may make changes to the website at any time without notice or warning, including:
- Changes to these terms and conditions
- Changes to content and product information
- Temporary or permanent withdrawal of the website
All website content, copyright, trademark and other intellectual property rights available when using this website shall remain the property Phelans Jewellers Ltd.
We will not be liable if, for any reason, our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may share material from our site on social media sites (Facebook, Instagram etc.) subject to these terms. Such use must be for personal use only, not for business purposes, or to suggest a connection between us and any third party. It must not be used to promote other products or services and we reserve the right to have any material removed immediately on notice.
We pride ourselves on our designs. All of our products and names of ranges are protected against copying by domestic and international law. We reserve all our rights concerning our trademarks, copyright and unregistered design rights. Copying of any product in any form will be an infringement of our intellectual property rights and is strictly prohibited.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, ability to use or the results of the use of our site, any websites linked to it and any materials posted on it including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods and/or services formed through our site or which may otherwise be covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or as a result of visits made by you are governed by our terms and conditions of supply.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
“Phelans Jewellers” is our registered brand name.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
WEBSITE TERMS AND CONDITIONS OF SUPPLY
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those dispatched Products. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products. Where we have been provided with an email address, this will be confirmed in a separate Dispatch Confirmation.
AVAILABILITY AND DELIVERY
Whilst we make every effort to give you an accurate impression of our Products, please note that images may not be to scale and colours shown are as accurate as internet and photographic technology reasonably allows.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then we will contact you with further dispatch information unless there are exceptional circumstances.
Prices are in Pounds Sterling and include VAT, where applicable. However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product at the correct price, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we do not have to provide the Products to you at the incorrect (lower) price even where we have provided a dispatch confirmation.
Payment for all online Products can be made by either credit/debit card. If you are paying by credit/debit card, we will obtain pre-authorisation from your issuing bank/credit company to apply the debit against you card and we will charge your credit or debit card at the point of Dispatch Confirmation being sent. We reserve the right to apply the debit earlier if we deem it appropriate. If the Product is not available, we will credit monies taken back to the card account from which they came.
We offer a 0% interest free finance option in our store. Phelans finance is provided by Hitachi Finance who provide 0% interest free credit on purchases of £1000 and over.
Finance is offered by Hitachi Finance (authorised and regulated by the Financial Conduct Authority) and is subject to status. Terms and Conditions apply.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
LAW AND JURISDICTION
Contracts for the purchase of Products through our site or otherwise under the Regulations and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.