Terms & Conditions
By using this website you confirm that you are at least 18 years old or if you are not at least 18 years old , that you have the authority/consent of your parent or guardian to do so.
Please make sure you:
- Read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.
- Print a copy for future reference.
- Any orders placed by the customers can be cancelled.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered.
2.3 We do not file details of your order for you to subsequently access direct on this website, and you are therefore advised to print out these terms and conditions together with the order acknowledgement for your own records.
3.2 Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered.
4.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 The price you pay is the price displayed on this website at the time we receive your order. However, whilst we make every effort to try and ensure that all prices on our website are accurate, errors sometimes occur. If we discover an error in the price of goods you have ordered we will inform you of this fact as soon as possible. You will be given 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.
4.3 Payment can be made by any method specified in 'payment section'.
4.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
Returns, Cancellations and Substitutions
5.1 Refunds see below.
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
5.3 After the date of order there will be a 14 day cooling off period. Should you wish to change or cancel your order please notify us within this period.
We will refund your item within 21 days guaranteed. This is subject to: 1. The item in not damaged or altered 2. The item is returned in the same state it left us.
6.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, we will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Design centre will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, we will not be liable whether in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of Birmingham, UK. English is the only language offered for the conclusion of the contract.
8.2 UTP Merchant Services processes all debit, credit and charge card payments for customers and will retain a handling fee from the transaction value. The remaining amount will be paid to us for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same, as we will be incurring the cost of the handling fee on your behalf.
8.3 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
the privacy practices of such websites,
the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on
or available from such websites or resources or
the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.
8.6 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
We shall have the right to enforce any rights or benefits under these terms and conditions;
We shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
A person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Us.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Us for your use of this website
8.11 Our finance services are currently not available for use with purchases of any "Stock" items, or in conjunction with any special offers/vouchers.
Delivery Errors, Delays, Force Majeure.
9.0 We cannot be held responsible for any costs incurred due to a delayed delivery, all of our delivery dates are approximations, and due to the handmade nature of our items there are instances when items will take longer. We endeavour to give accurate delivery tine information, however cannot be held liable in the event of this information being invalid.
9.1 In the event that a delivery address has been provided incorrectly, or that a product is delivered to an incorrect address, we cannot be held liable for any costs incurred directly or indirectly due to this.
9.2 Force Majeure- E & R Jewellery LTD(Design Centre), Cannot be held liable for any costs incurred due to failure to deliver any part of the contract if this failure is due to an Act Of God, I.E. Hurricanes, Adverse Weather Conditions, Impassable Snow Fall, Volcanic Eruption, Nor shall we be liable in the event of, (including but not limited to) Terror Attacks, Rioting, Strike action, War, Power Failure, Customs intervention.
Damage to items.
9.3 Diamonds falling out/Becoming loose - Our Diamonds are set by hand, they are inspected and will not become loose in their settings. A stone will only become loose as a result of impact, or damage.
9.3.2 Rhodium - All of our white gold items are Rhodium plated, this is a standard industry practice. Rhodium will wear over time, and require re-application. The length of time this will take varies depending upon the level of acidity in skin, and the possible contact with substances such as chlorine. The company cannot be held responsible for the length of time the rhodium plating will last, due to the large amount of variable contributing factors. This does not constitute a manufacturing fault, Rhodium is applied afterwards to improve the colour of the item, and holds no structural benefit.
9.3.3 Surface scratching will occur if jewellery is worn daily, to fully protect your jewellery, you should have it serviced regularly, whereby the surface scratches can be removed. Gold, Platinum and other precious metals are extremely malleable, this is why they are used for jewellery making, They are susceptible to impact damage, and to misshaping under pressure. Jewellery should be removed before undertaking any physical activity that may cause impact/friction or pressure to be applied to the band.
9.4 We take time to ensure that our website prices, images and descriptions are correct, however human error can occur, and as such we cannot be held liable for such mistakes, or for any costs incurred in relation to this failure to deliver.
9.5 All Product images are for illustration purposes only, in certain circumstances the product may differ slightly due to the handmade nature of our items. Unless specifically stated in title or description, each Catalogue item is offered for sale individually, all items are sold separately.
9.6 Any item sold as "stock" through our website is a physical item, either in stock, or displayed for sale in a retail store, as such there are instances when these items are purchased in store, and also purchased online. In this event, the in store purchase will take precedent. We cannot be held liable for any errors that may occur with the removal of stock items, or for costs incurred by parties as a result of this. We will always endeavour to come to a reasonable solution for both parties.
Countries of Operation and Currency
9.7 We only fulfill and allow orders from UNITED KINGDOM.
9.8 We only process and accept order(s) in these given currencies: BRITISH STERLING (GBP)
Disclaimer of Warranties and Damages; Limitation of Liability YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO E & R JEWELLERY LTD 'S NEGLIGENCE, SHALL E & R JEWELLERY LTD BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF E & R JEWELLERY LTD OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.