1 These Terms
1.1 It is important that you read these terms and conditions of sale ("Terms of Sale") carefully before ordering any Product(s) ("Products") ambajewellery.com ("Site"). Together with our Privacy Policy and Website Terms of Use, these Terms of Sale govern our relationship with you in relation to this Site and your purchase of our Products on this Site.
1.2 We advise you to print a copy of your Order and these Terms of Sale for your information and safe keeping.
1.3 By placing an order for any Product(s) on this Site ("Order") you agree to be bound by these Terms of Sale, and by continuing to access the Site you agree to accept the practices described in these Terms of Sale, which may be updated or changed by us from time to time. A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms of Sale.
1.4 By placing an Order you are offering to purchase a Product on and in accordance with these Terms of Sale. All Orders are dependent on availability and confirmation of the Order price.
2 The Contract
2.1 Our acceptance of your Order will be complete only when we send a second email to you confirming your Order and dispatch of the Product(s) and after payment is taken from your credit or debit card. Our acceptance of your Order will be considered for all purposes to have been effectively communicated to you at the time AMBA Jewellery sends an order despatched email and it is at this point that a legally binding contract is formed between you and AMBA Jewellery for the purchase of Products ("Contract").
2.2 If we are unable to fulfil your Order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your Order to you.
3.10 Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.
4 Making a Change to the Contract
4.1 If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible.
4.2 Unfortunately, if we have already sent you the second email referred to in cl 2.1 we are unable to change your Order, although you will still have the rights to cancel described below.
5 Price
5.1 When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order.
5.2 Where you are ordering for delivery to the UK, all prices are inclusive of VAT in the UK. Delivery charges (where applicable) for delivery Internationally will be shown when you view the Product(s) in your Shopping Bag.
6.3 Please note that customs policies and import duties vary widely for international orders outside of the UK. Orders shipping outside of the United Kingdom may be subject to import duties, VAT, taxes and customs clearance charges of the destination country.
These additional charges, if any, are the sole responsibility of the customer. Your local customs office can assist with any customs duties outside of our control.
6.4 The total amount payable by you will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.
6.5 Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.
6.6 It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price 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.
6.7 Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7 Promotion and Offer Codes
7.1 To redeem a promotion or offer code ("Code"), insert the Code in the "Voucher / Offer Code" box on the Shopping Bag page of the Site and click "Update". If valid, the Code will be applied.
7.2 In addition to any Code specific terms and conditions, the following conditions apply to all Codes:
7.2.1 Only one code can be used per Order
7.2.2 Codes can only be applied to full price items (Codes cannot be applied to sale items)
7.2.3 Codes are non-transferrable and no cash alternative is available
7.2.4 Orders must be made prior to 23:59 GMT on the closing or expiry date of the Code (if one is specified)
7.2.5 All offers and promotions are dependent on stock availability
7.2.6 Offer codes and promotions may be amended or removed at any time
7.2.7 These Terms of Sale apply to purchases made using a Code
8 Payment
8.1 All payments must be made at the time of Confirmation. Payment for all Orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, American Express, Maestro and Paypal. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.
8.2 For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
9 Delivery
9.1 We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date.
9.2 If we have not delivered the Product(s) to you within 30 (thirty) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.
9.3 Ownership of the Product(s) will pass to you on delivery.
10 Damaged or Defective Product(s)
10.1 Except for any specific warranties we offer in relation to any particular Product(s) (including our Two Year Warranty), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s).
10.2 You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact us at info@ambajewellery.com as soon as possible with your Order reference number to hand.
10.3 If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).
11 Exchanges and Returns
11.1 Without limiting your statutory rights, you may cancel a Contract at any time before your Order is delivered and up to 30 days afterward, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) receives the Product(s). By cancelling the Contract, you may return any Product(s) purchased from us within 30 days and request a refund or an exchange.
11.2 To cancel a Contract, you must clearly inform us, preferably:
11.2.1 by email (to info@AMBAjewellery.com) giving us your name, address and Order reference number.
11.3 You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).
11.4 You must return the Product(s) to us at your own cost within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (without limiting your rights to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.
11.5 To return (or exchange) the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address (enclosing the exchange / returns form and the delivery note) inside the parcel) and then return it to us, by hand, courier or by recorded delivery mail or other form of certified mail to the given returns address.
11.6 If you cancel a Contract between us within the day period (see above), we will process the refund due to you as soon as possible and, in any case, within 30 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you), including the cost of standard delivery. If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.
11.7 We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
11.8 For exchanges, if the value of the new Product(s) exceeds the original value of the Product(s), you will be required to pay the difference. Should the value of the new Product(s) be lower than the original value, the difference will be credited to the credit or debit card originally used for the Order.
12 AMBA Two Year Warranty
12.1 Without limiting your statutory rights, all Product is covered by a two year warranty from the date of purchase (under normal conditions of wear and tear). During that two years, AMBA Jewellery will repair any issue with a Product free of charge on receipt of valid proof of purchase.
13 Exchanges and Returns Without Proof of Purchase
13.1 Without limiting your statutory rights, on presentation of Product(s) without Proof of Purchase, we are happy to offer you a repair for a fee outlined on our Repair Fees table as this changes from time to time.
14 Exchanges and Returns Two Years or More After Purchase Date
14.1 Without limiting your statutory rights, for Product(s) purchased more than Two years ago, we are happy to offer you a repair for the fee outlined on our Repair Fees table as this changes from time to time.
15 Liability We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall AMBA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16 Notices
16.1 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms of Sale you give your consent to receive communications from us by email.
16.2 Personal information that you supply to us will only be disclosed by us to a third party in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.
17 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
18 Intellectual Property
18.1 The entire content of the Site, including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name 'AMBA', is the sole property of AMBA and its licensors. You may store, print and display the content supplied solely for your own personal use.
19 Miscellaneous
19.1 No failure or delay by us in exercising any right or remedy provided by law or under these Terms of Sale and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.
19.2 If any clause of these Terms of Sale is found to be invalid, illegal or unenforceable by any court or authority, that clause or part-clause will be deleted from these Terms of Sale and the validity and enforceability of the rest of these Terms of Sale shall remain unaffected.
19.3 A person who is not a party to a Contract is not entitled to enforce any of its terms (including these Terms of Sale) under the Contracts (Rights of Third Parties) Act 1999.
19.4 We will try and solve any disagreements quickly, fairly and efficiently. However, if you are not happy with the way that we deal with any disagreement and you want to begin court proceedings, you must do this within the United Kingdom.