Term & Conditions
Standard Terms and Conditions of Business
Please read these terms and conditions carefully before you start to use and/or place any orders on our website. By using our website, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using this website.
This website is operated by Elma Jewellery Ltd. We are registered in England and Wales under Company Number 6246468 and have our registered office at 49 Mowbray Road, Edgware, Middlesex, HA8 8JL VAT Number: GB 919776763.
If you have any comments or queries, please contact us on:
Correspondence and returns. Address: P.O Box 57503 London E5 5DN
This address should be used for any customer correspondence and returns.
Please be aware that we may record any telephone conversations for training and monitoring purposes.
Terms and Conditions for Use of the website
We own the copyright to all the contents of this website, including any images. Unless otherwise indicated, all trademarks and other intellectual property rights are owned or licensed by us or are the property of third parties offering goods for sale through this website. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. Otherwise, you may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without our consent.
Links to other websites
This website may contain links to third party websites. Any such links are provided for your information only. We have no control over these websites. We cannot guarantee the content of these websites and accept no liability for any loss arising from your use of such websites.
Viruses and Hacking
We cannot guarantee that our website is virus or infection free and we recommend that you take necessary measures to protect your computer.
You must not misuse our website by knowingly introducing viruses, infections or other programmes which are technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. We will take action against anyone carrying or attempting to carry out such acts.
Availability of Website
We will seek to ensure that our website is always available. However, we cannot guarantee that our website will be continuously available. We accept no liability for the website being unavailable.
Quality of Images
Whilst we take all reasonable steps to ensure that the goods shown on this website are an accurate reproduction of our goods we cannot guarantee the accuracy of the colours of the images shown on different monitors. Furthermore any images showing the goods are not to scale and are for illustration purposes only. Any product dimensions given are intended only to give an approximate indication of size.
Terms and Conditions for Ordering Goods Online
Application of these Terms and Conditions
These terms and conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions. No representations relating to the goods shall form part of the contract between us unless specifically agreed in writing.
The placing of an order for goods by you shall be deemed conclusive evidence of your acceptance of these terms and conditions.
Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
We may from time to time change these terms and conditions. These changes shall be posted on this website. You are recommended to read the terms and conditions contained on this website prior to placing a new order.
All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these terms and conditions.
An order placed by you shall not be deemed accepted until we send an email to you acknowledging and confirming the order. The contract between us shall be binding from the time we send such email confirmation. Provided that we have sent the email to the address provided by you, a binding contract shall be in place regardless of whether or not you receive the email.
You must ensure that all information given by you to us is correct. Your order information must contain your correct name, postal address, delivery address, email address and telephone number. We reserve the right not to accept orders where any such information is missing or inaccurate. Where payment is made by credit card delivery will only be made to the cardholder’s registered address.
Price and payment
Upon placing an order, you will receive an automatically generated email accepting your order and confirming your payment details. Within 48 hours you will receive a second email from us confirming the price and availability of the goods. The price payable by you for the goods shall be the price contained in such email confirmation to you. We take every effort to ensure that the prices shown on our website are accurate. However, occasionally a few of our goods may be mispriced. We will check our prices at the point at which we confirm your order by email. If the listed price is higher than the correct price we will charge you the lower price. If the correct price is higher than the price listed, we will, at our discretion, either contact you to see if you wish to proceed with the order or inform you that the order has been cancelled.
All prices quoted on the website are inclusive of VAT.
We accept payment by most major credit and debit cards and by cheque. Payments by credit and debit cards are processed at time of order and payment is taken once we have confirmed to you by email the price and availability of the goods ordered.
When making payments by cheque we will ask you to provide us with a cheque guarantee card number and expiry date.
We use the Transax service, from Certegy Limited (“Certegy”), to provide a warranty to your cheque.
If you choose to pay by cheque your order will be delayed as we will not dispatch your order until we have processed your cheque and have received confirmation from Certegy that your cheque has been authorised. We recommend that you send cheques by recorded delivery.
Certegy will record information in relation to any cheque they are asked to warrant and will use it to decide whether to warrant future cheques where a subscribing organisation requests this service from Certegy to help it decide whether to accept a cheque as payment.
If your cheque is subsequently returned unpaid, we will inform Certegy and also provide them with any information we hold (including your name and address). We may assign our rights to collect a debt to Certegy.
Certegy will use personal data about you (or information about your company) in order to enable them to collect a debt and may carry out a credit check where they deem it necessary to facilitate collection.
Certegy will charge you an administration fee for the collection of a dishonoured cheque.
If you have any questions about the personal information held by Certegy that relates to you, or for details of the Credit Reference, please write to us at PO Box 57503, London E5 5DN
Please be aware that it is against the law to use a fraudulent name or to attempt to pay for an order using a card which is stolen, which you know to be invalid, or which is not in your own name. We will take action against anyone carrying out or attempting to carry out such acts.
Credit card details are encrypted using 128 bit encrypted SSL (Secure Socket Layer). Credit card details are processed through the Protx payment system. The Protx payment system uses a combination of established and innovative techniques to ensure the security and integrity of all sensitive data. Its internet facing web servers are certified by Verisign, this ensures that no third parties can impersonate Protx to obtain secure information.
The transfer of the less sensitive transaction details from our website to Protx is encrypted and digitally-signed. This ensures that the information passed is secure and tamper-proof.
Any communication between you and Protx is encrypted to the maximum strength supported by your browser. [You are also protected from fraudulent use of your card in a "card not present" environment, by your card issuer.
All data stored on Protx systems is held on encrypted and highly secured databases. Protx are regularly audited by Visa and MasterCard to ensure that their systems conform to the latest security standards.
Availability of Goods
The description, photographs and images of the goods on the website are for illustration purposes only. These descriptions and graphics do not form part of the contract between us.
Orders are subject to availability. We may not have all items in stock at any given time. We will indicate on our website the estimated delivery time for each item. Where a product ordered is out of stock, we will inform you of this and give a revised estimated delivery time for the item. Where an item is temporarily out of stock, you may choose to cancel the order, or part of the order.
All goods in an order are generally dispatched in one shipment.
Where you order two or more items which show different estimated delivery times on our website, unless you instruct us otherwise, we will not dispatch any part of the order until all items are ready for shipment. If, in these circumstances, you request that we send the order in more than one shipment you may be charged additional postage and packing for each part of order dispatched. We will notify you of any such additional charges.
Where an order contains two or more items, and one or more of the goods ordered is temporarily out of stock so that the estimated delivery time for such goods is longer than that shown on our website, we will dispatch the order in part shipments, as and when the items are available, at no extra cost to you.
In the event that we are unable to satisfy all or part of your order, we shall inform you of this. You may, at your option, choose a replacement for the unavailable item(s) or cancel the order or part of the order. If you choose to cancel all or part of the order and payment has already been made, we will refund the full price of the cancelled goods and any associated postage and packing costs to you.
Delivery of Goods
Delivery of the goods shall be made to your address. We shall arrange for carriage of the goods to your address by special delivery.
We will send you an email on the day on which the goods are dispatched. Goods should be delivered by 1 pm on the next working day. For security purposes we will require a signature upon delivery of an order. The goods shall be at your risk from delivery.
Goods which are lost in transit shall remain at our risk provided that you inform us of non-delivery of an order or part of an order within 5 working days of the date of dispatch. We will confirm whether the goods have been dispatched and whether they have been signed for on delivery. Where you have informed us of a non-delivery of an order or part of an order we will replace any non-delivered goods at no extra cost to you. If an item is no longer available, we will inform you of this and you may, at your option, have a replacement item up to the value of the missing item, or receive a refund of the price including any postage and packing paid.
In spite of delivery having been made ownership of the goods shall not pass from us to you until we have received, in cleared funds, the price plus VAT in full together with any other sums whatsoever which are due from you to us.
You should inspect all goods upon delivery.
Returns and Your Right to Cancellation
If you change you mind you have the right to cancel your order and return within 28 working days starting the day after delivery. Goods are refunded within 30 days.
Shoule you wish to send back a item for exchange or refund, please use the enquiry form on our website, or email us to firstname.lastname@example.org and we will email you a returns number and address.
Non-faulty goods are returned at your cost. We would recommend that you insure any goods to be returned at their full value and return them to us by Royal Mail special delivery only, other couriers do not deliver to a PO Box address.
You should give the following details when returning items:
Your name and address; Your order reference number; Your method of payment; and Your preferred method of refund. Please note that where payment has been made by credit card, refund will be made to that card.
You should also provide copies of any documents relating to the order.
The price refunded to you for non-faulty returns will include any postage and packing paid as long as the goods were cancelled within 28 days.
Please be aware that we cannot accept the return of custom made items unless the item is faulty. This includes items that were personalised such as specially engraved items.
You have the right to cancel or amend your order until you receive a email that the order has been dispatched by email to email@example.com
Alteration of Ring Size
We will adjust ring sizes at the following cost: £10 per ring, engraved rings can not be changed or refunded, please email us and we will send you a returns number.
The procedure set out for returning goods does not affect your rights to reject faulty goods. If you receive faulty or damaged goods, please inform us as soon as possible and return the goods to us following the procedure set out above. We will, at your option refund or, where practical, replace or repair the damaged goods at no extra cost to you.
Goods lost in Transit
We will send you an email on the day on which the goods are dispatched. Goods should be delivered by 1 pm on the next working day. For security purposes we will require a signature upon delivery of an order. You should inform us of non-delivery of an order, or part of an order within 5 working days of the date of dispatch. We will confirm whether the goods have been dispatched and whether they have been signed for on delivery. We will replace any non-delivered goods at no extra cost to you. If an item is no longer available, we will inform you of this and you may, at your option, have a replacement item up to the value of the missing item, or receive a refund of the price including any postage and packing paid.
Sellers exclusion of liability
We shall not be legally bound by any errors, including typographical errors, which may occur on our website.
We shall not be liable for any loss or damage, howsoever caused, for defects in design or production for goods for which we are not the manufacturer.
Where we are not the manufacturer of the goods, we will transfer to you the benefit of any warranties or guarantees provided by the manufacturer.
We shall not be liable for any indirect or consequential loss or damage (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) suffered by you that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. In particular we shall not be liable for any alterations made to the goods by any third party.
We shall not be liable to you for any loss or damage caused whatever for our failure to deliver the goods (or any of them) promptly or at all.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these terms and conditions.
We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct or for any loss or damage caused by fraudulent misrepresentation by us.
In the event of any breach of this contract by us your remedy shall be limited to damages. Under no circumstances shall our the liability exceed the price of the goods.
Neither of us shall be liable for any default due to any act of God, war, strike, lockout or industrial action of a third party, fire, flood, drought, storm or other event beyond our reasonable control.
These terms and conditions are subject to the law of England and Wales.
All disputes arising out of this contract shall be subject to the jurisdiction of the courts of England and Wales.
We may license or sub-contract all or any part of our rights and obligations under this contract to any parent or subsidiary or associated company. However, this will not relieve us of any liability which we may incur under these terms and conditions.
The specifications and designs of the goods (including the copyright, design right or other intellectual property in them) shall, as between us, be our property.
Privacy and Data Protection
When you make an order Elma Jewellery requests that you provide us with certain personal information which enables us to identify you as an individual. This information includes your name, postal address, delivery address, email address, telephone number and payment card details. We cannot accept your order if you do not provide this information to us. We may store your address and contact details so that you do not have to resubmit the information when you order from us again. We will not store any card details which you provide. We may record the IP address of the computer from which the order is placed.
We use this information to process your order and to communicate with you as is necessary. We may also use this information to send you promotional material on our goods. You can choose whether you do not want to receive this information by ticking the relevant box when you first place an order. If at any time you do not wish to receive any more promotional information from us please contact customer services by email on firstname.lastname@example.org or post us at PO Box 57503, London E5 5DN.
We store the contracts content and we will send you the details of your order via email, and our general terms & conditions can be viewed on our website at any time, and the details about your recent orders can viewed in your customer login.
Save as set out in these terms and conditions, we do not share your personal information with any third parties.
When you use this website we may also collect anonymous information which does not identify you. We may use this to analyse how people use our website, for example to monitor how many people have visited the website and when and which pages of our website have been viewed, however the customer has the full right to request information about their stored personal data, and can send us a email to email@example.com or by post requesting us to delete, correct, or blocking their data.
Please be aware that this policy only applies to information collected from our website. It does not apply to any sites to which we may provide links for your information