TERMS AND CONDITIONS

Please read all these terms and conditions.

These are the terms on which we sell all Goods to you.  By ordering any of the Goods, you have agreed to be bound by these Terms and Conditions.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’.  If you do not click on the button, you will not be able to complete your Order.  If you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

 

These Terms and Conditions are the contract between you and Rhinestones Online International Limited (“us”, “we”, etc).  By visiting or using Our Website, you agree to be bound by them.

We are: Rhinestones Online International Limited whose trading name is Rhinestones Online, a company registered in England and Wales under number 10050901.  Our address is 118 Tottington Road, Bury, Lancashire, BL8 1LR with telephone number +44 161 272 0068.

 

You are:  Anyone who uses Our Website.

 

1. Definitions

In this agreement:

 

“Carrier”          means any person or business contracted by us to carry Goods from us to you.

 

“Goods”          means the Goods advertised on the Website or, if the context requires, that we sell to you of the number and description as set out in the Order.

 

“Order”            means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website OR over the phone OR by email, confirmed by return email.

 

“Privacy Policy” means the terms which set out how we will deal with confidential and personal information received by you from the Website.

 

“Our Website” means any website of ours, and includes all web pages controlled by us.

 

2. Interpretation

In this agreement unless the context otherwise requires:

2.1       a reference to a person is reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2       these terms and conditions apply to all supplies of Goods by us to any customer.  They prevail over any terms proposed by you.

2.3       any obligation of any person arising from this agreement may be performed by any other person.

2.4       if you use Our Website in any way and make an Order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

2.5       a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.6       this agreement is made only in the English language.  If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

 

3.  Goods

3.1       The description of the Goodsis as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

3.2       In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3.3       All Goods which appear on the Website are subject to availability.  Because we also take orders by phone and email, we try to keep the Website availability accurate and up to date, but we do not guarantee the immediate availability of those Goods. 

3.4       We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

3.5       The price of Goods may be changed by us at any time.  We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

 

4. Personal information and Registration

4.1       When registering to use the Website you may set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

4.2       We retain and use all information strictly under the Privacy Policy.

4.3       We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

5. Basis of Sale

5.1       The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

5.2       Your order is an offer to buy from us.  We shall accept your order by email confirmation.  That is when our contract is made.  Our message will also confirm details of your purchase.

5.3      If we do not have all of the Goods you order in stock, we will offer you alternatives.  If this happens you may:          

            5.3.1    accept the alternatives we offer;

 

            5.3.2    cancel all or part of your order.

 

6. Price and Payment

6.1       The Price is set out in the order.

6.2       If your order is available in parts, you must pay us the full price of your order before we send any part of it.

6.3       The Price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

 

6.4       Prices and charges include VAT at the rate applicable at the time of the Order.

 

6.5       Payment must be made in full before delivery of the Goods.

 

6.6       We take care to make Our Website safe for you to use.  Card payments are not processed through pages controlled by us.  We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

 

6.7       PayPal payments are subject to PayPal’s privacy practices and systems.

 

6.8       BACS transactions are subject to banking provisions, terms & conditions and security.

 

6.9       Where payment over the telephone is made, a virtual terminal provided by said payment service providers is used and NO DETAILS ARE KEPT OR STORED BY US.

 

7. Delivery

7.1       Deliveries will be made by the Carrier to the address stipulated in your order without undue delay, and in any event, not more than 21 days from the date we accept your Order to purchase the Goods.  We will send you a message by email to tell you when we have dispatched your order and provide a tracking number where applicable.

 

7.2       You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions, and provided you are not liable for extra charges.

 

7.3     If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of redelivering them.

 

7.4     The Goods will become your responsibility from the completion of delivery or Customer collection.  You mustexamine the Goodsupon receipt.

 

7.5     If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply – but no time is to be treated as contractual.  So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or no-delivery.  We are at the hands of the Courier in this respect.

 

7.6     Some Goods, by agreement, may be delivered direct from the manufacturer who will contact you to arrange delivery.  When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.

 

7.7     We are happy for you to pick up Goods from our premises provided you make an appointment in advance and payment has been received into our bank.  Cash on collection is acceptable.

 

8. Risk and Title

8.1     Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

 

8.2     You do not own the Goods until we have received payment in full. If full payment is overdue, rescinded, or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

8.3     If you pick up Goods from our premises then:

 

 8.3.1      we will not be able to assist you in loading heavy items;

 

8.3.2      Goods are at your risk from the moment they are picked up by you or your Carrier from our shop/warehouse;

 

8.3.3      you agree you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

 

9. Foreign Taxes and Duties

9.1     If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

9.2     You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

 

10. Right to Cancel

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information,Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). 

10.1   We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

10.2   This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following Goods (with no others) in the following circumstances:

      1. Goods that are made to your specifications or are clearly personalised
      2. Goods which are liable to deteriorate or expire rapidly.
      3. If the Goods are somehow mixed with other Goods so that we cannot identify or easily separate them.

Right to cancel

10.3     Subject as stated in these Terms and Conditions, if you have ordered Goods, but not received them, you may cancel your Order at any time within 14 days.  You will have no obligation and we will return your money.

10.4     If you have received the Goods you may cancel your order at any time within 14 days of receipt.  You must tell us that you wish to cancel.  You must also send the Goods back to us at 118 Tottington Road, Bury, Lancashire BL8 1LR without delay and in any eventwithin the same 14 day period.You agree that you will have to bear the cost of returning the Goods.

10.5     We will return your money subject to the following conditions:

10.5.1  we receive the Goods in a condition in which we can re-sell them at full price, complete, in new condition, with labels and packaging intact.

10.5.2  you comply with our procedure for returns and refunds.  We cannot return your money unless we know who sent them.

10.9     You are responsible for the cost of returning the Goods.  We have no obligation to refund to you your cost of             re-packaging and returning the Goods.

10.10   In any of the above scenarios, we will return your money within 14 days 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.

10.11    For the purposes of these Cancellation Rights, these words have the following meanings:

            10.11.1            distance contractmeans a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

10.11.2            sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both Goods and services as its object.

 

10. Liability for subsequent defects

10.1   Please examine the Goods received from us immediately you receive them.  If you do not tell us of any defect or problem within 14 days of receipt of the Goods, it shall be deemed you have accepted them.

 

10.2   We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

 

10.3   The procedure to return the faulty Goods is as follows:

 

10.3.1    the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

 

10.3.2    before you return the Goods to us, please where applicable carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets/other.  Ensure all items are returned in original packaging.  Returns cannot be accepted without it.

 

10.3.3    please follow the returns procedure provided on our website.

 

10.4     We will return your money subject to the following conditions:

 

            10.4.1  we receive the Goods with labels and packaging intact.

 

            10.4.2  you comply with our returns procedure.  We cannot return your money unless we know who sent them.

 

10.4.3  you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

 

10.5     If any defect is found, then we shall:

 

            10.5.1  repair or replace the Goods, or

 

            10.5.2  refund the full cost you have paid including the cost of returning the Goods.

10.6     If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

 

11. Goods Returned

These provisions apply if you buy from us other than being a Consumer.  The following rules apply to the faulty Goods:

 

11.1     We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

 

11.2     Before you return the Goods to us, where applicable please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to power supply, plugs and sockets.

 

11.3     The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.

 

11.4     So far as possible, Goods should be returned:

 

11.4.1  with both Goods and all packaging as far as possible in their original condition;

 

11.4.2  securely wrapped;

 

11.4.3  including a note quoting your invoice number or order number;

 

11.4.4  at your risk and cost.

 

11.5     In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.

 

11.6     If we agree the goods are faulty we will:

 

            11.6.1  refund the cost of the return carriage;

 

            11.6.2  repair or replace the Goods as we choose.

 

11.7     If we repair or replace the Goods you have no additional claim against us either under this agreement of by statute or common law, in respect of the defect.

 

12. Circumstances beyond the control of either party

12.1In the event of any failure by a party because of something beyond its reasonable control:

 

12.1.1  the party will advise the other party as soon as reasonably practicable; and

 

12.1.2  the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

 

13. Privacy

13.1     Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

 

13.2     These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy([INSERT URL]) and cookies policy ([INSERT URL]).

 

13.3     For the purposes of these Terms and Conditions:

    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. 'GDPR' means the UK General Data Protection Regulation.
    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

 

13.4     We are a Data Controller of the Personal Data we Process in providing Goods to you.

 

13.5     Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

 

13.6     before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

 

13.7     we will only Process Personal Data for the purposes identified;

 

13.8     we will respect your rights in relation to your Personal Data; and

 

13.9     we will implement technical and organisational measures to ensure your Personal Data is secure.For any enquiries or complaints regarding data privacy, you can e-mail: info@rhinestonesonline.co.uk

 

14. Disclaimers

    1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    3. We make no representation or warranty for:
      1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
      2. the adequacy or appropriateness of the Goods for your purpose.
    4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
    6. We shall not be liable to you for any loss or expense which is:
      1. indirect or consequential loss; or
      2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
    7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
    8. If you become aware of any breach of any term of this agreement by any person, please tell us by writing to us at the registered company address. We welcome your input though do not guarantee to agree with your judgement.
    9. Our Website may include Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
    10. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
    11. Nothing in this agreement excludes liability for a party's fraud.
    12.  

15. Your account with us

15.1     You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

15.2     If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

15.3     You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

15.4     Please notify us of any security breach or unauthorised use of your account.

 

16. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

16.1     modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

16.2     link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

    1. download any part of Our Website, without our express written consent;

16.4collect or use any product listings, descriptions, or prices;

16.5     collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

16.6     aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

16.7     share with a third party any login credentials to Our Website.

16.8     Despite the above terms, we now grant a licence to you to:

16.8.1  create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

16.8.1  you may copy the text of any page for your personal use in connection with the purpose of Our Website.

 

17. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

17.1    your failure to comply with the law of any country;

 

17.2     your breach of this agreement;

 

17.3     any act, neglect or default by any agent, employee, licensee or customer of yours;

 

17.4     a contractual claim arising from your use of the Goods;

 

17.5     a breach of the intellectual property rights of any person.

 

18. Intellectual Property

18.1     We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data and software).

 

18.2     Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

 

18.3     You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

 

18.4     Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it.  You may not store electronically any significant portion of any Content.

 

19. Dispute resolution

The Contract (including any non-contractual matters) is governed by the law of England and Wales.The following terms apply in the event of a dispute between the parties:

19.1     If you are not happy with our services or have any complaint then you must tell us by email message to info@rhinestonesonline.co.uk

19.2     We try to avoid any dispute, so we deal with complaints in the following way: 

If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

19.3     If a dispute is not settled, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

19.4     If these methods are unsuccessful, disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

 

 

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

[You can also make this form available electronically on your website. If you use this option, you should acknowledge cancellation by email without delay.]

Model cancellation form

[Attach this form to your contract or show it as a web form. Complete it as far as possible. Edit the last line as to whether it is to be completed as a web form or on paper.]

To [here enter the trader’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the trader]:

I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].

Ordered on [date]/received on [date],

Name: [enter name or names in which the order was made],

Address: [enter your address],

Signature: (only if this form is notified on paper)

Date: [date]