DAVID ASHLEY GOODS AND SERVICES TERMS AND CONDITIONS (ONLINE)
1. These terms and conditions
What these terms cover
1.1 These are the terms and conditions on which we supply products to you, whether these are goods or services.
Why you should read them
1.2 Please read these terms carefully before you place an order with 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.
Confirmation of age
1.3 By purchasing products from us online, you confirm that you are at least 18 years old, or, if you are under 18, that you are placing an order on our website with the consent of your parent or guardian.
2. Information about us and how to contact us
Who we are
2.1 We are Worldwide Bargains Limited t/a David Ashley, a company registered in England and Wales under registration number 11741922. Our registered office is at 24 Tudor Close, Woodford Green, England, IG8 0LF. Our registered VAT number is GB 350 1088 35.
How to contact us
2.2 You can contact us by: telephoning our customer service team at 0800 158 5597 (calls may be charged at local rate and may be recorded) or by writing to us:
- by email: Help@davidashleys.com
- by post: Customer Services Department, David Ashley, LDB, 100 Hatton Garden, London, England, EC1N 8NX.
How we may contact you
2.3 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 provided to us in your order.
Writing includes emails
2.4 When we use the words writing or written in these terms, this includes emails.
3. Our contract with you
How we will accept your order
3.1 By completing and submitting an order online, you are making an offer to purchase goods or services, which, if accepted by us, will result in a binding contract.
3.2 After you have placed your order, we will send you an email to acknowledge your order which will confirm which goods or services you have ordered. This email is not an order acceptance from us and at this stage no contract is formed between us.
3.3 Upon despatching your goods from our warehouse, we will send you a confirmation email. This email constitutes our formal acceptance of your order by us, upon which a binding contract will come into existence between you and us.
If we cannot accept your order
3.4 We may be unable to accept your order, for example, in the event that:
3.4.1 the goods are out of stock or appear to be damaged;
3.4.2 your payment has not been authorised by your payment card issuer;
3.4.3 there are unexpected limits on our resources which we could not reasonably plan for;
3.4.4 we have identified an error in the price or description of the products;
3.4.5 we are unable to meet a delivery deadline you have specified; or
3.4.6 you have cancelled your order in accordance with clause 8.
3.5 If we are unable to accept your order we will be in contact with you as soon as practicable (by email or by phone) to discuss your options.
We only sell to the UK
3.6 Our catalogue, e-catalogue, brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK. If you are located outside of the UK, please contact us for further information to see if we can help you.
4. Our products
Products may vary slightly from their pictures
4.1 The images of products in our catalogues, e-catalogues or brochures or on our websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, particularly for our handmade products, all sizes, weights, capacities, dimensions and measurements indicated in our catalogues, e-catalogues or brochures or on our websites may vary slightly.
Product packaging may vary
4.3 Please note that the packaging of the products may vary from that shown in images on our websites or in our catalogues, e-catalogues or brochures.
4.4 “Personalised Jewellery” means any items of jewellery that are created by us in accordance with your specifications (this includes, but is not limited to, items with customised design, metals, stones or engravings). When you purchase any Personalised Jewellery, we will create a specific piece of jewellery designed in accordance with your requirements and you are responsible for ensuring all information provided to us is correct. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. This section does not apply to Personalised Bridal Products.
Personalised Bridal Products
4.5 “Personalised Bridal Products” means any personalised bridal and jewellery product created by us in accordance with your specifications (this includes, but is not limited to, items with customised designs, stones, metals or engravings) for bridal purposes. If we are making the product in accordance with measurements you have given us, you are responsible for ensuring that these measurements are accurate and correct. However, one 1 resizing or re-polishing will be free of charge within 1 year of receipt of your purchase and for up to two ring sizes (up or down). This section does not apply to Personalised Jewellery.
5. Your right to make changes
If you wish to make a change to the product you have ordered, please contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
6. Our right to make changes
6.1 We may change the products:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
6.1.3 In addition, we may make other changes to the products or changes to these terms after you have placed an order, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. Providing the products
71 The costs of delivery will be free within the UK. Shipping costs may apply if we have to deliver products outside of the UK – please contact us for further information regarding this. We reserve the right to change or discontinue free delivery at any time before your order is placed.
When we will provide the products
7.2 For details of when the products you have ordered will be delivered to you, please see the relevant sections of our website depending on whether the products are goods or services (e.g. repairs or engraving services).
We are not responsible for delays outside our control
7.3 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. However, 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.
Collection by you
7.4 If you have asked to collect the products from one of our stores, you can collect them from us at any time during our store opening hours (opening hours vary between stores; for further details please see our online store locator). Please see the delivery information section of our website for the documentation you are required to bring for security purposes.
If you do not rearrange delivery
7.5 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not rearrange 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 rearrange delivery or collection we may end the contract and clause 9.2 will apply.
When you become responsible for the goods
7.6 A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you (or someone authorised on your behalf) collect it from us.
When you own goods
7.7 You own a product which is goods once we have received payment in full.
8. Your right to cancel the contract
Exercising your right to change your mind (Consumer Contracts Regulations 2013)
8.1 Under the Consumer Contracts Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason (except in respect of items or products listed at clause 8.3).
8.2 Under the Consumer Contracts Regulations 2013, the cancellation period expires:
8.2.1 if the product is goods, after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; and
8.2.2 if the product is services, after 14 days from the day on which the contract is entered into.
When you don’t have the right to change your mind
8.3 You do not have a right to change your mind in respect of:
8.3.1 Personalised Jewellery, custom designs or items made or ordered specifically to your requirements;
8.3.2 services (such as repair services), once these have been completed, even if the cancellation period is still running;
8.3.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
8.3.4 any products which become mixed inseparably with other items after their delivery.
Our returns policy
8.4 Please note that our returns policy offered to UK customers is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. Our returns policy does not affect your legal rights in relation to faulty or mis-described products (see clause 10).
|Right under the Consumer Contracts Regulations 2013||How our returns policy is more generous||14 day period to change your mind.||30 day period to change your mind. This period may sometimes vary – check with the store or online customer service information as you may have longer e.g. over the festive season.|
|Consumer to pay costs of return.||We pay the costs of return.|
8.5 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, for example:
8.5.1 Phone or email: by calling customer services on 0800 158 5597 (calls may be charged at local rate and may be recorded) or emailing us at Help@davidashleys.com. Please provide your name, home address, details of the order and, where available, your phone number and email address; or
8.5.2 By post: by completing and printing the information in the table below and posting it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Complete and return this form only if you wish to withdraw from the contract
To David Ashley, LDB, 100 Hatton Garden, London, EC1N 8NX
I/We[*] hereby give notice that I/we[*]cancel, my/our[*] contract of sale of the following goods[*]/for the supply of the following service[*].
Ordered on [*]/received on[*].
Name of consumer[s].
Address of consumer[s].
Signature of consumer[s] (only if this form is notified on paper).
Date: [ ] 20[ ]
[*] Delete as appropriate.
How to return an item
8.7 If you are eligible under this contract and within the 30 day timeframe to return goods, you may return goods by post – please contact us for further information regarding this.
8.8 Products may only be returned so long as:
8.8.1 the product is returned in its original, unopened and undamaged packaging; and
8.8.2 valid proof of purchase is provided (receipt or invoice).
Effect of cancellation
8.9 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery if applicable (except for the supplementary costs arising if you chose an alternative method of delivery such as express delivery).
8.10 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
8.11 We will make reimbursement without undue delay, and not later than:
8.11.1 14 days after the day we receive back from you any goods supplied;
8.11.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
8.11.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8.12 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
8.13 You must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired
8.14 We will bear the cost of returning the goods.
8.15 If you requested the performance of services to begin during the cancellation period, you must pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.
Ending the contract where we are not at fault and there is no right to change your mind
8.16 If we are not at fault or you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered, and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. Our right to end the contract
We may end the contract if you break it
9.1 We may end the contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 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; or
9.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract
9.2 If we end the contract in the situations set out in clause 9.1 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.
10. If there is a problem with the product
How to tell us about problems
10.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0800 158 5597 (calls may be charged at local rate and may be recorded) or write to us:
by email: Help@davidashleys.com
- by post: David Ashley, LDB, 100 Hatton Garden, London, EC1N 8NX.
Summary of your legal rights
10.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.3 If your product is goods, they 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:
10.3.1 up to 30 days: if your goods are faulty, then you can get an immediate refund;
10.3.2 up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and
10.3.3 up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10.4 If your product is services, for example a repair or engraving service:
10.4.1 you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
10.4.2 if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable; and
10.4.3 if you haven’t agreed a time beforehand, the service must be carried out within a reasonable time.
Your obligation to return rejected products
10.5 If you wish to exercise your legal rights mentioned in clauses 10.2-10.4 to reject products, you must post them back to us or allow us to collect them from you. We will pay reasonable costs of postage or collection, provided prior approval of the costs is obtained from us in advance and proof of purchase of postage/collection is provided. Please call customer services on 0800 158 5597 (calls may be charged at local rate and may be recorded) or email us at Help@davidashleys.com for a return label or to arrange collection.
11. Price and payment
Where to find the price for the product
11.1 The price of the product (which includes VAT) will be the price (subject to any specified expiry dates) set out in our price list, brochure, catalogue or e-catalogue in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clauses 11.2-11.3 for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong
11.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If a pricing error is made on your order date, where possible we will inform you and give you the option of buying the goods at the correct price or cancelling your purchase.
11.3 If we accept and process your purchase where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
How and when you must pay
11.4 We accept payment credit and debit payments on the following cards, if issued in the UK: Maestro, MasterCard, Visa, Visa Debit, Visa Electron, Solo, American Express and valid vouchers and gift cards, subject to terms and conditions stated therein.
11.5 An Interest Free Credit arrangement may be available to purchase your item (please contact us for further details). Further terms and conditions apply.
11.6 When you must pay depends on the type of goods or services you are purchasing and you must pay for the products in accordance with the times specified by us during the order process.
12. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us
12.1 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 exclude or limit in any way our liability to you where it would be unlawful to do so
12.2 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; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses
12.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
How we will use your personal information
13.1 We will use the personal information you provide to us:
13.1.1 to supply the products to you;
13.1.2 to process your payment for the products; and
13.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
Passing your personal information to third parties
14. Other important terms
We may transfer this agreement to someone else
14.1 We may transfer our rights and obligations under these terms to another organisation. We will try to ensure that the transfer will not substantially affect your rights under the contract.
You need our consent to transfer your rights to someone else
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force
14.4 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
14.5 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 this 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings
14.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution
14.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at http://www.theretailombudsman.org.uk. Please note that David Ashley is under no obligation to resolve complaints via alternative dispute resolution.
In addition please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at the following webpage: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm