Please read the following carefully as all orders placed through this website, by phone, fax, e-mail or otherwise are subject to the following terms and conditions. If you use the website after we update these terms and conditions you will be bound by the new terms.
Orders are accepted from the Customer (hereinafter called "the Customer" by Dan Jewellers Limited thereinafter called "The Company") subject to the following terms and conditions which shall form part of and govern the Contract of Sale. No terms or conditions referred to by any Customer during negotiations or in the Order or otherwise shall form part of such Contract of Sale unless expressly agreed in writing by the Company.
(a) The prices for the goods shall be in accordance with the Company's current trade price list which prices are subject to change and the actual price to be paid shall be the trade price current for the goods at the date when the goods are dispatched by the Company to the Customer.
(b) All prices are in British Pound and exclusive of VAT and other state taxes and/or charges.
(c) Prices displayed on the website are estimates based on the current exchange rate, gold/silver fix that are subject to change. Weights, stone colours, sizes and delivery dates are estimates and subject to change.
Please also see our sizing policy below.
Sizing Policy: We will always try our hardest to get you the size requested. Important note: Unless otherwise requested, if the ordered size is unavailable we will send you the nearest size. If you need the exact size please ensure that you state this when ordering. If requested we can size rings where possible but kindly note that this can take up to 5 days, at a charge, and a separate delivery fee will apply.
(d) We supply and provide prices on a trade only basis.
(a) Unless otherwise agreed in writing all monies due to the Company shall be paid within thirty days from the date of the invoice (hereafter called "the payment date") and such time for payment shall be of the essence of the Contract.
(b) The Company reserves the right to charge interest on overdue accounts at a rate of 2% per month.
PASSING OF PROPERTY AND RISK
(a) Property in the goods referred to in Order's shall not pass to the Customer until all monies owing to the Company in respect of those goods have been paid in full by the Customer PROVIDED NEVERTHELESS that from the time of dispatch of the goods from the Company's premises until the time of delivery at the Customer's place of business the risk of any loss or damage to the goods shall be borne by the Company and thereafter the goods shall be at the risk of the Customer.
(b) Until all monies owing to the Company aforesaid have been paid in full the Customer will hold the goods to the Customer or to the Customer's order in a fiduciary capacity on behalf of the Company and in the event that the goods are resold by the Customer before the legal title in such goods has passed from the Company to the Customer then the Customer shall hold any proceeds of such sale in a like fiduciary capacity on trust for the Customer and the Customer will account to the Company for the same to the extent required to discharge the monies owing to the Company from the Customer.
(c) Subject as herein contained the Customer will for such time as the Company retains legal title or any other interest in the goods store the same in such a manner as they are identifiable as to the Company's property or property in which the Company has an interest in the event that the Customer commits any act or bankruptcy, cause a meeting (whether formal or informal) of any of his creditors or (where the Customer is a limited company) having a Receiver or Manager appointed of its undertaking or any part thereof or on a resolution being passed or on a Petition being presented to the Court for the Winding up of the Company or on the happening of any act whatsoever or the commencement of any proceedings whatsoever relating to the insolvency or possible insolvency of the Customer whether or not the price for the goods or any other payments become due from the Customer to the Company such payment or sums will be immediately deemed to be due.
AVAILABILITY OF GOODS
(a) Delivery is subject to the availability of the goods and if owing to the non availability of such goods or any other cause beyond the control of the Company the Company shall be unable to carry out its obligations hereunder it shall be entitled to determine this Contract forthwith by giving notice in writing to the Customer to that effect.
LIABILITY AND CONSEQUENTIAL LOSS
(a) The Company shall in no circumstances whatsoever be Liable to the customer in respect of a loss or damage of any kind howsoever caused directly or indirectly by any defect in materials or workmanship or any detect in the goods or services supplied or by any negligence on the part of the Company its servants or agents whether direct indirect consequential or howsoever else arising.
(a) No forbearance indulgence or relaxation on the part of the Company or granted to the Customer or in enforcing any of these terms and conditions shall in any way affect diminish restrict or prejudice the Company's rights or operate or be deemed to be a waiver of any breach of the terms and conditions on the part of the Customer.
(b) This Contract shall be construed in all respects in accordance with the Laws of England and subject to the jurisdiction of the English Courts.
(c) Any notice letter or other document shall be deemed to have been received by the party for whom it is intended upon proof of posting only and shall be deemed to have been received by the party to whom it is sent all the time when he should in the ordinary course of post be delivered to the addressee al his last known address.
(d) The description given to the goods is given by the way of identification thereof only and the use of such description shall not constitute this Contract a sale by description.
(e) Notwithstanding that a sample of the goods has or may have been exhibited to and inspected by the Customer it is hereby declared that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the goods and not so as to constitute a sale by sample render this Contract. The Customer shall take and accept the goods at his own risk as to their corresponding with the said sample or as to their quality condition or fitness or suitability or any purpose whether known to us or not.
(a) You must be of 18 years of age.
(b) You must have provided a valid e-mail address that you are solely responsible to maintain, and keep your password and log-in details confidential.
(c) You must notify us immediately if you have reason to believe that your account has been compromised and/or of any unauthorised use of your account.
(d) E-mails that may be sent automatically to you for notification of placing your order are not confirmation or acceptance of your order.
(e) You must have provided accurate details and notify us within 10 days of any changes.
(f) We reserve the right to cancel or suspend any order due to non-payment or any other breach of these terms and conditions. You may not cancel items that are specially ordered to size, where discontinued, personalised items or where made a specific specification(s).
(g) You must be a trader in order to use this website.
(h) We reserve the right to suspend, modify or close accounts without giving any reason and/or without prior notice.
COPYRIGHT & TRADEMARKS
(a) All rights are reserved for all designs and information on this website, our flyers and catalogue's and are owned by Company or its agents.
(a) Please see our returns policy below:
Returns may be credited if returned within 7 days of purchase in its original condition. There is a £5 handling charge for each item returned. Postage costs are non refundable.
Products purchased outside the preceding 7 days will be issued partial credit or will be returned to you at our discretion. Earrings, body jewellery, non-catalogue items, special orders and personalised jewellery are non returnable.
All returns must be accompanied by a copy of the invoice and each style item bagged with Dan's code and the weight. Failure to comply with these requirements may result in an additional handling charge.
In the following circumstances you will also not receive a full credit:
(1) You did not purchase this product from Dan Jewellers Ltd. It will be returned to you with an invoice for £10 S&H.
(2) You changed your mind or your customer failed to purchase the product. Product was purchased within preceding seven days and is in a re-saleable condition. You will be issued with partial credit less a £5 handling charge.
(3) You are a retail jeweller and have purchased this product from Dan Jewellers Ltd over 12 months ago. You will be issued with partial credit less a £5 handling charge.
(4) We determine that product has been damaged whilst in your or your customer's care. You will be issued with partial credit less a £5 handling charge.
(5) The product has been subjected to extraordinary wear in areas other than where the fault has occurred, (e.g., a dented bangle whose tongue has failed.) You will be issued with partial credit less a £5 handling charge.
(6) It is an earring or a body jewellery item that has been worn. (Wearing such an item constitutes acceptance under the Sale of Goods Act 1979, as amended in 1994, and limits remedies available to buyer. We suggest that consumers be asked to thoroughly check products, without wearing them, before "accepting" them.). You will be issued with partial credit less a £5 handling charge.
Note that our returns policy exceeds the statutory requirement as defined by the Sale of Goods Act 1979 (as amended 1994.) Your business may also choose to adopt policies that exceed the statutory requirement for commercial reasons. For instance, you may choose to offer a full refund to your customers for whatever reason at any time. However, we cannot be expected to cover you for all losses incurred by maintaining such a policy.
(7) If a ring has been sized, any warranties will automatically be invalidated. Damaged rings returned after being sized will be returned, accompanied with an invoice to cover our overheads and postage.
*partial credits are at scrap value or less.
** £5 handling charge (excluding VAT)
For Damaged goods:
We at Dan Jewellers do take out the necessary steps to ensure that you receive your goods in perfect condition and all items are checked before they are dispatched to our customers.
In the event that an item returned is damaged please notify us by fax or e-mail us within 3 days. If you have not notified us within 3 days our standard returns policy will be adhered to.
Any goods damaged due to manufactures fault will be repaired or replaced if returned to us within one year of purchase. We cannot be held responsible for customer damaged.