Terms and conditions of business

1. These terms


1.1
What these terms cover
These are the terms and conditions on which we supply products to you.


1.2
Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us


2.1
Who we are
We are John Baldwin Tavistock Ltd a company registered in England and Wales. Our company registration number is 06220008 and our address is 11 Duke Street Tavistock PL19 0BA. Our registered VAT number is

910412281. We trade as “Baldwin Jewellery”.


2.2
How to contact us
You can contact us by telephoning our customer service team on 01822 613129 or by writing to us at

11 Duke Street Tavistock PL19 0BA or via email at
hello@baldwinjewellery.com


2.3
How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your
order.


2.4
“writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.

2.5
“products” includes product.
When we use the word products in these terms, this
expression shall also mean product in the singular

3. Our contract with you


3.1
How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between
you and us.

We will make it clear on our website how to deal with an error prior to you placing an order. We will give you an acknowledgement in writing confirming your order.

3.2
Payment.
We take payment from you at the time we receive your order. We do not take payments over the telephone this is for security reasons and it is to benefit you. Please make all payments via our website.

Interest free credit from V12 Credit may be made available to you to purchase any of our products. V12 Credit are authorised and regulated as a lender by the Financial Conduct Authority under registration number 679653 John Baldwin Tavistock Ltd are authorised and regulated as credit brokers by the Financial Conduct Authority under registration number 795008.

3.3
The Contract.
We will make the contract accessible to you and advise you to print it out for your records and information. We will retain a copy for our records. Our contract will be made in English with you.


3.4
If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for our products. This might be because we have identified an error in the price or description of our products or because we are unable to meet a delivery deadline.


3.5
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.


3.6
We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses
outside the UK.

3.7
We may update or change any of these terms at any time. Please check these terms periodically to ensure you are aware of any update or change.

3.8
These terms form the basis of our relationship with you, if you have any questions about them please contact Customer Services on 01822 613129 before making any transaction through the website. We wish to ensure that you are informed of the basis upon which you make use of our website. Please read through these terms before using our website.

3.9
Use of our Website [www.baldwinjewellery.com]
We have made this website available for you for your own personal and non-commercial use. We retain the right to modify, withdraw or deny access to this website at any time. We may also withhold or withdraw access to any individual who breaches these terms.

3.10
Website ID and password
If you choose to use, or are provided with an ID code or password, please ensure that you keep the information safe and secure and do not reveal it to a third party.

3.11
Caching.
For the avoidance of doubt, caching of our website is permitted by a service provider acting in the normal course of business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

3.12
Links to other websites.
To provide increased value to our customers, we may provide links to other websites or resources for you to access. You acknowledge and agree that you choose to enter the linked website and we will not be responsible for the availability of such external sites or resources and are not responsible or liable for the privacy practices of such websites, the content of the websites (including but not limited to any advertising, products, materials or services, the use to which others make of these websites or for any loss caused in connection with the use of the websites.

3.13
Website contents.
Our website and all of its contents including without limitation, all text, software, source code, trademarks, logos, designs, images, photographs, audio and written materials (including website content) are owned by us or licensed to us by third parties. The copyright and all other intellectual property is owned by us or our licensors. Any rights or licences of the website content not expressly granted by us are reserved.

3.14
Age of website user.
By using our website you confirm that you are at least 18 years old or you have authority/consent of your parent or guardian.

3.15
Product Information on our website.
You acknowledge and agree that the material and content contained on our website is made available to you and you may only download such material and content for the purposes of using our website or sharing elements of our website through social media with your friends and family (provided this is not in the way of operating a competing business). You further acknowledge that any other use of the material and content is strictly prohibited and you agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute or commercially exploit or create derivative works of such material and content.

3.16
Accuracy of our website.
We will use reasonable endeavours to verify the accuracy of any information on our website but make no representation or warranty of any kind regarding the contents or availability of the site or that it will be error free, that defects will be corrected or that the website or the server from which it is made available are free of bugs or viruses or represents the accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website and accept no liability for any loss or damage in connection with information on our website.

4. Our products


4.1
Products may vary slightly from their pictures
The images of our products on our website are for illustrative purposes only and although we have made every effort to display our products accurately they may vary slightly from the images. All of our products are handmade and all sizes, weights, dimensions and measurements indicated on our website have a 5% tolerance.


4.2
Product packaging may vary
The packaging of our products may vary from that shown in images on our website.

4.3

Making sure your measurements are accurate
If we are making our products to measurements you have given to us you are responsible for ensuring that these measurements are correct.

5. Your rights to make changes


If you wish to make a change to our products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of our products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (please refer to clause 8 for your rights to end the contract).

6. Our rights to make minor changes to our products.

We may change our products to implement minor technical adjustments and improvements. These changes will not affect your use, quality or durability of our products.

7. Providing you with our products


7.1
Delivery costs
The costs of delivery will be as displayed to you on our website.


7.2
When we will provide our products
During the order process we will let you know when we will provide our products to you.

We aim to deliver our products to you as soon as reasonably possible and in any event within 4-6 weeks after the day on which we accept your order


7.3
We are not responsible for delays outside our control. If the supply of our products is delayed by an event outside our
control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the
contract and receive a refund for any of our products you have paid for but not received.


7.4
If you are not at home when our products are delivered

We use Royal Mail’s Special Delivery Service. Our products will be dispatched on a working day using such service and should arrive before 1pm the working day after they are dispatched. Notification of dispatch will be made to you by email on the day of dispatch (working day does not include a weekend day or bank holidays). The parcel containing our products will require a signature upon receipt, so please ensure there will be someone present to receive our products and to provide a signature. If no one is available at your address to take delivery and the parcel containing our products cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to collect the parcel from a local depot. It will be your responsibility in these circumstances to collect the parcel containing our products from such local depot.

7.5

Your legal rights if we deliver our products late
You have legal rights if we deliver our products late. If we miss the delivery deadline for any of our products then you may treat the
contract as at an end straight away if any of the following apply:

(a) we have refused to deliver our products;


(b) you expressly made your order for our products conditional upon a specific deadline in your order and we expressly accepted such specific delivery deadline in our email acceptance of your order

7.6

Setting a new deadline for delivery
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a
new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.7

Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of
our products or reject our products that have been delivered. After that we will refund any sums you have paid to us for the cancelled
products and their delivery. If our products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on 01822 613129 or email us at
hello@baldwinjewellery.comfor a return label or to arrange collection.


7.8
When you become responsible for our products
Our products will be your responsibility from the time we deliver our products to the address you gave us.


7.9
When you own our products. You own our products once you have received them.


7.10

What will happen if you do not give information that we require
.

We may need certain information from you so that we can supply our products to you, for example, type of metal, quality and size of the stone required, finger size. If so, this will have been stated in the description of our products on our website. We will contact you in writing to ask for this information. We will not be responsible for supplying our products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. Your rights to end the contract


8.1
You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with them, how we are performing and when you decide to end the contract:


(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract
or to get our products repaired or replaced or to get some or all of your
money back – please refer to clause 11;


(b) If you want to end the contract because of something we have done or have told you we are going to do,
please refer to clause 8.2;


(c) If you have just changed your mind about our products, please refer to clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.


8.2
Ending the contract because of something we have done or are going to do
.If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any of our products which have not been provided. The reasons are:


(a) we have told you about an upcoming change to our products which you do not agree to (please refer to clause 6);


(b) we have told you about an error in the price or description of our products you have ordered and you do not wish to proceed;


(c) there is a risk that the supply of our products may be significantly delayed because of events outside our control;


(d) you have a legal right to end the contract because of something we have done wrong including because we have missed an agreed delivery deadline (see clause 7.5).


8.3
Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the
Consumer Contracts Regulations 2013, are explained in more detail in these terms and conditions.


8.4
When you don’t have the right to change your mind
You do not have a right to change your mind in respect of orders for:

(a) bespoke and customised pieces of jewellery you have ordered from our website that have been specifically made to your requirements and finger specification;

(b) customised stock pieces that have been altered from their original design; and

(c) earrings, unless they are faulty.

9. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:


(a) Email: email us at hello@baldwinjewellery.com

Please provide your name, home address, details of the order (including the order number) and, where available, your phone number and email address.


(b) Online:Complete and submit the form on our website.


(c) By post: Print off the form on the website, complete it and post it to us at the address on the form. Alternatively, simply write to us at that address, including details of what you bought together with the order number, when you ordered or received it and your name and address.


(d) Returning our products after ending the contract

If you end the contract for any reason after our products have been dispatched to you or you have received them, you must return them to us. You must return our products by posting them back to us at 11 Duke Street Tavistock PL10 0BA. Please call customer services on 01822 613129 or email us at hello@baldwinjewellery.com for a return label.

(e) If you are exercising your right to change your mind you must send off our products within 14 days of telling us you wish to end the contract. When returning our products they need to be in their original and unused condition accompanied by the gift box, diamond certificate (where appropriate) and a copy of the original purchase receipt.

(f) For your own benefit, when returning any of our products direct to johnbaldwinjewellery.co.uk, we suggest that you use Royal Mail Special Delivery. This will ensure there is proof of delivery and insurance on our products whilst in transit. We cannot accept responsibility for any of our products that are returned to us and which are then lost in transit and do not reach us.


9.2
When we will pay the costs of return
We will pay the costs of return:

(a) if our products are faulty or misdescribed;


(b) if you are ending the contract because we have told you of an upcoming change to our products or these terms, an error in pricing or description, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong; or


(c) if you are exercising your right to change your mind.


9.3
How we will refund you
We will refund you the price you paid for our products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.


9.4 When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then


your refund will be made within 14 days from the day on which we receive our products back from you. For information about how to return
a product to us, see clause 9.1.

10. If there is a problem with our products


10.1
How to tell us about problems
If you have any questions or complaints about our products, please contact us. You can telephone our customer service team at 01822 613129
or write to us at 11 Duke Street Tavistock PL19 0BA.


10.2
Summary of your legal rights
We are under a legal duty to supply our products in conformity with these terms and conditions. Please refer to the box below for a summary of your key legal rights in relation to our the products. Nothing in these terms and conditions will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information
please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example jewellery, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal
rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

[c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.]

See also clause 8.3.

See also

Exercising your right to change your mind (Consumer
Contracts Regulations 2013)


10.3
Your obligation to return rejected products
If you wish to exercise your legal rights to reject our products you must either post them back to us. We will pay the costs of postage.
Please call customer services on 01822 613129 or email us at hello@baldwinjewellery.comfor a return label.

11. Price and payment


11.1
Where to find the price for any of our products
The price of each of our products (which includes VAT) will be the price indicated on the order pages when you place your order. We take
all reasonable care to ensure that the price of each of our products is correct. However please refer to clause 11.3 for what happens if we discover an error in the price of any of our products that you order.


11.2
We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply our products, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.


11.3
What happens if we got the price wrong
It is always possible that, despite our best efforts, some of our products may be incorrectly priced on our website. We will normally check prices before accepting your order so that, where the correct price of a product at your order date is less than our stated price at
your order date, we will charge the lower amount. If the correct price of a product at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4
When you must pay and how you must pay
We accept payment by [credit or debit card] and you must pay for our products before we dispatch them to you


11.5
What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know.

12. How we may use your personal information


12.1
How we may use your personal information
We will only use your personal information as set out in our privacy policy. Please click here to view our privacy policy.

13. Other important terms


13.1
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this
happens and we will ensure that the transfer will not affect your rights under the contract.


13.2

Nobody else has any rights under this contract (except someone you pass your guarantee on to

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the
agreement of any other person in order to end the contract or make any changes to these terms.


13.3

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the
remaining paragraphs will remain in full force and effect.


13.4

Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide our products, we can still require you to make the payment at a later date.


13.5

Which laws apply to this contract and where you may bring legal
proceedings

These terms are governed by English law and you can bring legal proceedings in respect of our products in the English courts. If you live in Scotland you can bring legal proceedings in respect of our products in either the Scottish or the English courts. If you live in
Northern Ireland you can bring legal proceedings in respect of our he products in either the Northern Irish or the English courts.

13.6
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We will try to resolve any complaint within 28 days of receiving notice of it from you, however if you are not happy with how we have handled your complaint, you may want to contact the National Jewellers Association.

We do adhere to the code of conduct of the National Jewellers Association which is based on honesty, integrity and professionalism.

You can also submit a complaint to Consumer Dispute Resolution Limited via their website at enquiries@cdrl.org.uk. Consumer Dispute Resolution Limited will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.


Schedule 1 Model Cancellation Form


(Complete and return this form only if you wish to withdraw from the contract)

To Baldwin Jewellery of 11 Duke Street Tavistock PL19 0BA, telephone number: 01822 613129, email address: www.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service
[*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

Online Form

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