Terms Of Use & Conditions Of Sale

ARLETTE GOLD LIMITED

TERMS OF USE AND CONDITIONS OF SALE

LAST UPDATED: [May 2017]

1. WELCOME

1.1 The Site (as defined below) is operated by Arlette Gold Limited ("Arlette Gold", "we", " our", "us"). 

1.2 These Terms of Use and Conditions of Sale set out the terms on which we supply any of the products ("Product" or " Products") listed on our website www.arlettegold.com (the "Site"). They also set out the additional terms which apply to your access and use of our Site.

1.3 Please read these Terms of Use and Conditions of Sale carefully before using our Site or ordering any Products from our Site. By placing an order, setting up an Account or using the Site, you agree to these Terms of Use and Conditions of Sale. If you do not agree to these Terms of Use and Conditions of Sale you must not use our Site or order any Product through our Site.

1.4 Certain additional services may be subject to additional terms and conditions specified by us from time to time, and your use of such services will be subject to those additional terms and conditions, which are hereby incorporated by reference.

2. Ordering Products

2.1 You can place orders for Products with us by following the process outlined on our Site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order.

2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2.3 All orders are subject to acceptance by us. We will send you an e-mail to confirm acceptance. The contract for purchase between you and us will only be made when we send you this e-mail to confirm acceptance. We will charge your chosen payment method after we accept your order. We will send a further e-mail when your order has been dispatched.

2.4 If you change your mind about the Products you have ordered after making your order you may be able to return the Products to us in accordance with the Cancellation and Returns Policy.

2.5 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.

3. Availability

3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.

3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.

4. Images and Sizing of Products

4.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the true colour of the Products. The Products that are delivered to you may therefore vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our Site are approximate only.

5. Prices of Products

5.1 The price of any Product will be as quoted on our Site, except in cases of obvious error.

5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.

5.3 The price of a Product includes VAT (where it applies) but excludes delivery costs, which will be added to the total amount due. To see the relevant delivery charges for a Product, please refer to our Delivery Policy.

5.4 It is always possible that some of the Products listed on our Site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the price displayed is a genuine and honest mistake and the error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

6. How to Pay

6.1 We accept payment with the payment methods listed on our Site. You must pay for the Products and any applicable delivery charges in advance.

6.2 By submitting an order to us through our Site, you are confirming that the payment details provided on your order are valid and correct.

7. Delivery

7.1 We offer a delivery service in accordance with the timescales set out in our Delivery Policy. Please note that delivery timescales are estimates.

7.2 Please note that we only deliver to addresses in the countries set out in our Delivery Policy.

7.3 Your estimated delivery date will be as set out in a dispatch confirmation sent by e-mail. Although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, we unfortunately cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partner. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery.

7.5 If you would like to know about the status of your order or track its progress, please contact:  info@arlettegold.com.

8. Risk and Title

8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.2 The Products will be your responsibility from the time of delivery.

9. Cancellation, Returns, and Refund Policy

9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us in accordance with the returns policy described in this section and in our Cancellation and Returns Policy.

Right to cancel

9.2 You have a legal right to cancel the contract between you and us within 14 days of delivery without giving a reason. For hygiene reasons, this right to cancel only applies to a contract for the Product where the packaging which the Product was shipped in is unopened.

9.3 The full terms and conditions that apply to your right to cancel and the process for exercising your right to cancel are set out in our Cancellation and Returns Policy.

9.4 If you are entitled to reimbursement in accordance with our Cancellation and Returns Policy, we may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

9.5 You are only liable for any diminished value of the Products resulting from the unfair/unreasonable wear and tear of the Products which is not necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement you are entitled to from us for such loss in value of any Products we supply.

Faulty or mis-described goods

9.6 If you are returning the Products to us because they are faulty or mis-described, we will (subject to confirmation of the fault or mis-description) refund: the price of the Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described (see clause 16 for further details). These legal rights are not affected by our Cancellation and Returns Policy or these Terms of Use and Conditions of Sale.

9.7 We will refund you through the payment method used by you to pay for the Products.

How to return the Products

9.8 If you return Products to us, you must do so as soon as reasonably practicable.

9.9 The full terms and conditions that apply to how Products are to be returned to us are set out in our Cancellation and Returns Policy.

10. Your Information

Please read our Privacy Policy to understand how we collect, use and share information about you.

11. CREATING AN ACCOUNT

11.1 In order to access and use certain features of our Site, you will need to register with us and set up an account with an ID and password (your " Account"). When setting up your Account, you will need to provide us with certain information, including your [name, age, address and your e-mail].

11.2 We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. If you lose or forget your password, you can reset your password using the functionality in the Site.

11.3 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at  info@arlettegold.com straight away to let us know.

11.4 You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Site.

12. YOUR RIGHT TO USE THE SITE

12.1 The materials and content comprising the Site belong to us and we give you permission to use these materials and content for the sole purpose of using the Site in accordance with these Terms of Use and Conditions of Sale. You agree not to copy any portion of the Site.

12.2 Your right to use the Site is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Site does not stop us from giving other people the right to use the Site.

12.3 Other than as allowed in these Terms of Use and Conditions of Sale you are not given a right to use the "Arlette Gold" name, or any of the Arlette Gold trade marks, logos, domain names and other distinctive brand features.

12.4 You agree that all confidential information, copyright and other intellectual property rights in our Site belong to us or the people who have licensed us to use those rights.

12.5 You agree that you have no rights in or to our Site other than the right to use them in accordance with these Terms of Use and Conditions of Sale.

13. RULES OF ACCEPTABLE USE

13.1 Any use of our Site should comply with these Rules of Acceptable Use. When using the Site, you must not:

(a) circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of the content accessible via the Site;

(b) create more than one Account on the Site;

(c) give any false or misleading information in your Account details;

(d) engage in any illegal or unlawful conduct;

(e) modify, interfere, intercept, disrupt or hack the Site;

(f) misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Site or any user of the Site’s own equipment;

(g) collect any data from the Site other than in accordance with these Terms of Use and Conditions of Sale;

(h) interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;

(i) access or attempt to access any portion of the Site by means other than through the interface that is provided by us; or

(j) remove, obscure or alter any proprietary rights notices (including copyrights and trade mark notices).

13.2 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and Conditions of Sale, and may result in our taking all or any of the following actions (with or without notice):

(a) immediate, temporary or permanent withdrawal of your right to order Products from our Site;

(b) issue of a warning to you;

(c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13.3 These responses are not limited, and we may take any other action we reasonably deem appropriate.

14. OUR LIABILITY TO YOU - Site

14.1 Unfortunately, due to the nature of the Internet and technology, the Site is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Site will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Site in these Terms of Use and Conditions of Sale and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

14.2 To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Site.

14.3 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

15. Using the Products

You understand and agree that you are responsible for your conduct whilst using the Products and for any consequences arising from such use. You agree to use the Products only for purposes that are proper and in accordance with applicable laws, rules and regulations and all terms, precautions, practices, policies and guidelines we have made and may make available.

16. Our Liability to You - Products

16.1 We are under a legal duty to supply Products that are in conformity with our contract with you.

16.2 In the event of a fault in our Products, you have legal rights available to you under applicable national consumer laws to have the product repaired or replaced, to receive a refund in full or a reduction in the price. The full terms and conditions that apply to our obligations to you in the event of a fault in our Products are set out in our Cancellation and Returns Policy.

16.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use and Conditions of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

16.4 The maximum loss or damage we will be responsible for under this section is limited to the price you have paid us for the Product to which the loss or damage you suffer relates; however, we do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any breach of terms implied by law (such as those relating title and quiet possession, description, satisfactory quality, fitness for purpose and samples and defective products) except to the extent such terms can be excluded under applicable law.

17. Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.

18. Resolving Disputes

18.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at  info@arlettegold.com and attempt to resolve the dispute with us informally.

18.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.

19. Each of These Terms Operates Independently

Each of the paragraphs of these Terms of Use and Conditions of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20. Entire Agreement

These Terms of Use and Conditions of Sale set out the written terms of our contract with you for the purchase of the Products. If part of these Terms of Use and Conditions of Sale cannot be enforced then the remainder of these Terms of Use and Conditions of Sale will still apply to our relationship.

21. Updating These Terms and Conditions

21.1 We may modify or update these Terms of Use and Conditions of Sale from time to time for reasons including:

(a) changes in how our business operates;

(b) changes in the legal or regulatory requirements that we must comply with;

(c) changes in how we accept payment from you; or

(d) the addition of new features to our Site.

21.2 We will try, where possible and reasonable, to contact you to let you know about any significant changes to these Terms of Use and Conditions of Sale or any documents referred to in these Terms of Use and Conditions of Sale. However, sometimes, changes will need to be made immediately and if this happens we will not give you any notice. We may contact you by e-mail using the e-mail address you submitted to us when creating your Account.

21.3 Each time you order Products from us, the Terms of Use and Conditions of Sale in force and available on our Site at the relevant time will apply to the contract between us.

21.4 The most up to date Terms of Use and Conditions of Sale will always be accessible at https://arlettegold.com/pages/terms-conditions.

22. Rights of Third Parties

Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

23. Transfer of our Rights

We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.

24. Law and Jurisdiction

24.1 These Terms of Use and Conditions of Sale are governed by English law. This means that a contract for the purchase of Products made through our Site or any other use of our Site and any dispute or claim arising out of or in connection with it will be governed by English law.

24.2 You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, you may also bring proceedings in the country you are resident in.

25. Contacting You

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

26. Contact Us

If you have any queries about these terms, please contact us by sending an e-mail to:  info@arlettegold.com. We’ll be here to help.