Terms & Conditions

Jacob’s Gems Web/Internet Sales - Terms and Conditions

  • Our Promise.
  • After sales service.
  • Receiving your Jewellery.
  • Processing of orders.
  • Returns.
  • Liability.
  • General.
  • Delivery/title/risk.
  • Miscellaneous.
  • Photography.

 

Our promise to you

We are available to speak to Monday to Saturday, 9.00am to 5.00pm and that we endeavour to look after all our customers. We pride ourselves in our commitment to our customer service, before and after sales. We will deal with any issues in a fair and confidential way.

Receiving Jewellery orders-

Once you have made your choice and proceed to the checkout, the Jacob’s Gems site takes you to the PayPal secure pay section where you will enter your payment details and delivery address. There is also a section here for further requests to us at Jacob’s Gems. Please include how you would like to be contacted and your contact details.

When your order is despatched by us, you will receive an automated email/text notifying you of dispatch and also containing your parcels tracking reference number.

Please ensure that someone will be at the shipping destination to sign for receipt. We urge all customers to inspect your package for tampering before signing for receipt.

For Christmas Deliveries, we recommend that you order by the 20th November, as this period is very busy in the jewellery trade and postal service. We will endeavour to dispatch all ‘in stock’ orders within 48 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area. If you have a specific date you would like your order for please state this clearly when ordering, we will endeavour to send your item out to you for then.

Processing of orders-

Because your credit card is our highest priority, we use PayPal’s encryption technology that makes it absolutely impossible for unauthorised parties to read any information you send us.

Credit and Debit cards are debited on the day of placing the order. All prices include sales taxes (where applicable) unless otherwise stated.

Jacob’s Gems aims to arrange delivery of all ‘in stock’ items within 48 hours of receiving your order unless there is need for size alteration. Your order may be delayed if the item is not in stock.

For all items that are out of stock, please leave up to 30 days for delivery. If you need your order for a certain date please let us know and we’ll make every effort to supply you by this date

Every purchase you make shall be deemed performed in the UK . English law shall govern every aspect of contractual agreement concerning purchases made from us and this Site.

Returns Policy:   

Provided goods are returned as sold, you may return your Jacob’s Gems order within 7 days of receipt, in its original, pristine condition with absolutely no signs of wear. You have the right to cancel your order within a period that begins after you place your order and lasts for 7 days. If you wish exercise this option we will refund you the full value or your order within 30 days of cancellation. Unfortunately we will not be able to refund the cost of return postage to us. Please use Royal Mail’s special delivery postal service and ensure it’s been insured for the correct amount, and that you keep a receipt and details of your parcel.

Please see below for the correct address-

If you have ordered the wrong finger size and if we have already made the ring to the finger size you ordered there is a £30 charge to change the size, this price includes insured postage back to you.

If we have mistakenly made the wrong ring size for you, we will alter it free of charge. Alterations usually take 3 – 7 working days from when we receive them

For diamond/gemstone set rings that cannot be re-sized e.g. a full eternity ring, and has been ordered by the customer in the wrong size – there will be a 30% charge of the total ring price for restocking the item, if it’s not possible to be made to the correct size. To ensure this doesn’t happen, you would need to come in to Jacob’s Gems and have your finger measured by one of our trained staff. Where appropriate and if Jacob’s Gems receives notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited from the customer to Jacob’s Gems in relation to your order will be re-credited to that customer as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Jacob’s Gems in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Jacob’s Gems, unless Jacob’s Gems are at fault with the order.

To return goods.-

Simply pack your jewellery in a suitable box or padded envelope to protect it during the posting. Jacob’s Gems cannot be held responsible for jewellery going missing or being damaged whilst being sent to us. For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. If the jewellery is returned without being adequately packaged in its original jewellery box(es) or in any other such way as to make them liable to being damaged during posting, Jacob’s Gems deems that any damage that  has occurred to the jewellery will be seen to have not been returned in their original condition and Jacob’s Gems  can refuse any refund. Also please note clearly in writing in the package your reason for returning your jewellery. Please use Royal Mail’s special delivery postal service and ensure it’s been insured for the correct amount.

Please note that all jewellery returned will be closely checked by our experts to ensure it’s not been worn at all and it is as originally sent, by us to you, before a refund is processed.

Please omit the word ‘Gems’ on our address so as to avoid any unwanted attention.

We use a P.O.Box address for returns and all correspondence for staff safety and security of items sent to us.

To Return Jewellery Please Send to-

Jacob’s G.

P.O.Box 2464,

Cardiff.

 

CF23 0DR.

With the invoice enclosed or a copy of it with your reason for sending it clearly stated.  When returning items you are strongly recommended to obtain proof of posting.

Liability-

This section applies only to the extent permitted by law. For the avoidance of doubt, Jacob’s Gems do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Jacob’s Gems negligence or wilful default, or that of Jacob’s Gems employees, agents or subcontractors or (b) fraudulent misrepresentation. Jacob’s Gems does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

Jacob’s Gems will do its best to correct errors and omissions as quickly as practicable after being notified of them.

To the fullest extent permitted by law, Jacob’s Gems is providing the site and its contents on an ‘as is’ basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition Jacob’s Gems does not represent or warrant that the information accessible via this site is accurate, complete or current.

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Jacob’s Gems shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify Jacob’s Gems of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS. You and Jacob’s Gems will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

General

The owner of this web site is Blue Sun Jewellery Limited (Jacob’s Gems) whose registered address is Blue Sun Jewellery Ltd, 20 Pantbach Road, Birchgrove, Cardiff. CF14 1UA. (‘Blue Sun Jewellery Ltd’/‘Jacob’s Gems’/‘we’ /‘us’/‘our’).Your contract for purchases made through the Site is with Jcaob’s Gems (Blue Sun Jewellery Ltd). You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. No contract for the sale of any product will subsist between you and Jacob’s Gems until Jacob’s Gems dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Jacob’s Gems of your offer to buy goods from Jacob’s Gems (whether or not you receive that e-mail). You agree that e-mail can be used as a long-distance means of communication. This confirmatory e-mail will contain all relevant statutory information concerning your contract. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it. Jacob’s Gems will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. You undertake that all details you provide to Jacob’s Gems for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

 

If there are any changes to the details supplied by you it is your responsibility to inform Jacob’s Gems as soon as possible.

 

You may cancel your order at any time prior to your order being processed (7 day’s after placing the order). You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by: sending the notice of cancellation by email ensuring that you quote your name, address and order reference number; or where you have already received the goods, returning the goods to Jacob’s Gems  unopened and unworn together with the original invoice (Please see our "Returns" policy).

Delivery/title/risk

The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.

Title to any product ordered will pass to you once Jacob’s Gems has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.

If your delivery address is outside of  the UK , you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Jacob’s Gems advises each customer to contact their local customs office for further information.

Please note that at this point in time, Jacob’s Gems delivers free of charge to locations within the UK only. Customers outside the UK are advised to contact us to see if we are able to send to their country and the cost involved.

Miscellaneous

We do not diclose any of your details to third parties.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

You may not permit; create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if: you fail to make any payment to us when due; you breach the terms of this Agreement (repeatedly or otherwise);when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; we suspect you have engaged, or about to engage, or copy images or information from this Site, or have in any way been involved, in fraudulent or illegal activity on the Site.

Jacob’s Gems may amend these Terms from time to time, and place the new version on the Site, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, and such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Jacob’s Gems posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Jacob’s Gems and you relating to your purchase. Jacob’s Gems advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Jacob’s Gems. We will store a copy of the contract entered into by you with Jacob’s Gems. You are advised to read (and are responsible for reading) fully all information on this website.

The seller retains the right to hold data regarding the buyer for business reasons, crime prevention and investigation and purposes of legal obligation.

Any links from our website to third party web sites are not covered by this policy but at Jacob’s Gems, we make every effort to only associate our company with other ethical, professional companies.

If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

We may on occasion send out emails to clients containing information we believe to be of interest. If you do not wish to receive these emails please let us know and you will be removed from our mailing list.

In the rare event that an item is incorrectly priced on the web site, Jacob’s Gems reserves the right not to supply the item at said price. The correct/normal price will be offered instead.

Jacob’s Gems/Blue Sun Jewellery Ltd shall retain legal title to the products until all payments have been paid in full by the customer.

These Terms are subject to the laws and exclusive jurisdiction of the British Courts.

Photography-

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented smaller than actual size in order to show the entire piece, or larger than actual size in order to show details as best possible. Colours may differ slightly due to the limitations of the digital format.

 

Jacob’s Gems Bespoke In-House Sales

 

1. Definitions Under the terms and condition of the sale set out below.

 

( a ) “Seller” means Jacob’s Gems.

 

( b ) “Buyer” means the corporation firm company institution person or persons to whom a quotation is made or to whom goods are sold by the company.

 

( c ) “Contract” means the contract for the supply of Goods formed by the Seller’s acceptance . (which, however made or communicated shall be deemed made subject to these conditions) of the Buyer’s order.

 

2. General. Any order accepted by the Seller whether or not it is based on or results from this or any other quotation or tender given by the Seller is deemed to incorporate these terms and conditions. No variation or modification of or substitution for these terms or conditions (even if included in or referred to in the document placing the order) shall be binding on the Seller unless specifically agreed by the Seller in writing and for the avoidance of doubt, acceptance by the Seller of any order shall not unless Seller specifies in writing to the contrary, constitute the agreement of the Seller to any terms or conditions included or referred to in such order.

 

3. Validity of Quotation: The Seller’s quotation is not an offer but merely an invitation to the Buyer to make an order for Goods under the terms and conditions of the quotation. The Seller reserves the right to revise quoted prices and charges in the event of any changes in its costs and/or prevailing conditions between the date of quotation and the date of dispatch or in the event of any relevant devaluation or revaluation of any currency. The Seller shall be entitled to add to the Contract price any value added tax import tariff or similar tax which is chargeable in respect of the goods and/or materials therein as supplied by the Seller. Where the Seller has undertaken to provide or arrange carriage for its works to a place specified by the Buyer such carriage shall be charged in addition to the price unless otherwise expressly agreed by the Seller in writing.

 

A non-refundable deposit representing 30% of the Seller’s quotation should be paid by the Buyer to the Seller prior to the Seller being obliged to commence manufacture or production of the Goods.

 

4. Confirmation of Orders: Orders accepted by the Company may not be cancelled under any circumstances unless agreed in writing by the Company. Cancellation of Goods ordered to the Buyer’s own specification will not be accepted. Orders by telephone, fax and email are accepted only at Sender’s risk and subject to these conditions.

 

5. Specifications: All drawings, photographs, illustrations, dimensions, weights and other technical information and particulars of the Goods and any sample books are given by the Seller in the brief that they are as accurate as reasonably possible but are not to be treated as binding or as forming as part of Contract. Where specifications are provided by the Buyer, to the Seller, the Seller shall use its reasonable endeavours to adhere to the same, however, failure to do so shall not constitute a breach of the Contract of supply entitling the Buyer to terminate the Contract or otherwise reject the Goods.

 

6. Orders and Delivery: Orders are accepted by the Seller to the availability of Goods for delivery. Although the Seller will use all reasonable efforts to meet delivery dates, it shall not be liable to the Buyer for any loss or damage, whether direct, indirect or consequential if it is delayed or prevented, in whole or in part, from delivering the Goods. If the Buyer refuses or fails to take delivery of the Goods, on the date of delivery, the Seller will be entitled, at its discretion, to store the Goods at the risk of the Buyer and the Buyer shall in addition to the price payable, pay all costs and expenses of such storage and any additional costs of carriage incurred. The Seller reserves the right to deliver in instalments at its discretion. The Buyer shall accept the supply of such quantity of the goods (whether more or less) has reasonably approximates to the stipulated amount of the Buyer’s order.

 

7. Conditions and Warranties: The Seller warrants that as at the date of dispatch the Goods will be free from defect in materials and workmanship and the Seller will at its option repair or replace, free of charge, any Goods which the Buyer claims and the Seller’s examination confirms a defective product: (a) the Buyer makes a full inspection of the goods immediately upon delivery, (b) the Buyer notifies the Seller forthwith of any defects which it discovers, (c) the Goods have not been adjusted, altered, adapted or repaired by any party other than the Seller, (d) the Goods are either made available to the Seller for inspection or returned to the Seller at the Buyer’s own expense, as the Seller may request. In no circumstances shall the Seller’s liability to the Buyer for any breech of warranty exceed the price paid for the goods with respect to which the claim is made. Except as provided, for in these conditions, there are now warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to the title. In particular, all conditions and warranties which would have otherwise been implied by statute or under the common law are hereby excluded.

 

8. Risk: Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods.

 

9. Price: The price payable for the Goods shall be as stated by the Seller, unless otherwise stipulated by the Seller, but the Seller reserves the right to alter its prices at its discretion.

 

10. Property of Goods: (a) The Seller shall retain the property in the Goods notwithstanding delivery until: (I) the Buyer shall have paid the price plus VAT in full, and (II) no other sums whatsoever shall be due from the Buyer to the Seller. By payment in full is meant payment of both the total price and any interest due and consequential expenses for which the Buyer is liable, including storage charges, freight charges, customs duties and bank charges and expenses in connection with bills of exchange. (b) if before payment in full any of the goods are converted into or made a component part of other Goods, (“composite goods”), then, immediately upon manufacture all such composite goods shall belong to the Seller absolutely and not by way of charge, until the goods have been paid for in full, or until the Seller recovers possession of and resells sufficient of the composite goods to discharge the Contract price in full and the Seller’s costs recovered, any excess to be accounted for to the Buyer. (C) Until payment in full the Buyer shall hold any Goods or composite goods mentioned in paragraph 10(a) and 10(b) as bailee for the Seller and shall keep such Goods or composite goods separate from other Goods which belong to the Buyer or any third party and shall ensure they are clearly marked and identifiable as the Seller’s property. Nevertheless the Seller permits the Buyer to resell any such Goods or composite goods in the natural course of trade provided that the Buyer shall not as regards any third party be deemed to be the agent for the Seller and further that in respect of any Goods or composite goods sold the Buyer shall retain such part of the sale price as is equal to the sum required to pay for the Goods in full as trustee for an agent of the company and shall be under a duty to pay such retained monies into a separate account until the same are paid to the Seller or the Seller has been paid in full.

 

(d) if payment is not made on the due date (as defined by Clause 11) or if before payment in full the buyer commits an act of bankruptcy, or if a limited company, its directors resolve to wind up the Buyer or its liquidation is commenced or a receiver is appointed of any part of the Buyer’s property, without prejudice to any other rights the Seller may have, the Seller may: (I) recover and resell any of the goods or composite goods which it owns and may for those purposes by its servants or agents enter upon any premises which the buyer owns, occupies or uses any other premises where any of the goods or composite goods are kept; (II) require the Buyer not to sell or part with possession of any goods or composite goods owned by the Seller until the Buyer has paid in full all sums owed by it to the Seller; (III) to withhold delivery of any undelivered Goods and stop any Goods in transit.

 

11. Payment: Liability for payment for goods supplied shall arise on delivery and such payments shall be due no later than the day of the delivery unless specifically agreed otherwise between the Buyer and the Seller. The Buyer shall make payment to the Goods on or before the due date in pounds sterling and shall not purport to sell off or withhold any payment claimed or due to the Seller. Any discounts specified on the Seller’s quotations shall relate only to payments received in accordance with the terms specifically agreed between the Buyer and the Seller. If the payment is not made when due the Seller may, without prejudice to its other rights, charge interest on overdue accounts at a rate of 3% per annum above the Bank of England minimum lending rate, to be calculated on a day to day basis on the balance outstanding until the balance is made in full. If payment is not made on the due date or the Buyer is in default in regards payment under this or any other contract with the Seller the Seller reserves the right (a) to suspend deliveries under this or any other contract for as long as the default continues and (b) to serve notice on the Buyer that if sums due under this or any other Contract are not paid within four days it will cancel this or any other Contract and if payment be not made in that time the Seller may by further notice treat this or any other Contract as reputed and determined whereupon all goods in possession of the Buyer which are owned by the Seller shall forthwith be redelivered to the Seller at the Buyer’s risk and expense. After the service of the first notice the Buyer shall neither submit the Goods delivered to any process of manufacture nor incorporate them nor mix them with other Goods nor change their nature in any way whatsoever, nor shall the Buyer sell Goods which have been so manufactured to a third party nor shall the Buyer sell and Goods delivered by the Seller which are still the property of the company to a third party until all monies due to the Seller are paid.

 

12.Should the Buyer make a default in any payment or otherwise be in breech of its obligations to the Seller under this or any other Contract with the Seller or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsorily liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or become insolvent or should the Seller have reasonable cause to believe that any of these events is likely to occur, the Seller may, by notice in writing to the Buyer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of any Contract or stop any Goods in transit or require in advance or satisfactory security for further deliveries under any Contract.

 

 

 

13. Errors: Clerical errors and omissions are subject to correction without notice.

 

14. The failure of the Seller to insist upon the strict performance of any of these conditions shall not be construed as a waver of any such condition and shall in no way affect the Seller’s rights to enforce such provision at a later date.

 

15. The Seller shall not be liable to the Buyer for any loss or damage caused to or suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Seller including, without limitation, circumstances affecting the provision for all or any part of the Goods by the Seller’s usual source of supply or, where appropriate, the company’s usual source of delivery or by the Seller’s normal route or means on delivery.

 

16. Governing Law: Any contract subsisting between the Seller and the Buyer shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged be subject to the jurisdiction of British Courts.

 

17. If any of the terms and conditions of the Contract (or part thereof) shall be found to be invalid, ineffective, or unenforceable, the invalidity in effectiveness or unenforceability of such terms or conditions (or part thereof) shall not effect any other term or condition (or the other part of the term or condition of which such invalid, ineffective or unenforceable part forms part) and all the terms and conditions (or parts thereof) not affected by such invalidity, in effectiveness or unenforceability shall remain in force and effect.

 

Changes to the site: We reserve the right to make changes to this site, the disclaimers and these terms and c