The definitions in this clause apply in the terms and conditions set out in this document: Company: The Gem Lady in London is the trading name of Beyond Social Work Ltd, Registered in England No. 9125051 VAT Reg. 192 5491 83 whose registered office is 27 Old Gloucester street wc1n 3ax United Kingdom.
Content: has the meaning set out below
EU: means the European Union.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods.
Order Confirmation: shall have the meaning set out in clause 2.6.
Order Period: the period beginning at the time you initially place the order and ending at the next order cut-off time as detailed in our Order Periods Table for the country to which the order will be delivered to.
Terms: the terms and conditions set out in this document.
UK: means the United Kingdom of England, Wales, Scotland and Northern Ireland.
USA: means the United States of America.
we, us and/or our: the Company.
writing: or written includes faxes and e-mail.
you and/or your: the person placing the Order.
1.2. Headings do not affect the interpretation of these terms.
1.3. References here to “clause” refer to the relevant numbered clause in these terms and conditions.
2. BASIS OF SALE
2.1. These Terms, and the Order set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any variation to the Terms or Order that you agree with our authorized employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorized employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2. Any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe. In particular:-
2.2.1. whenever metal weights or carat weights are quoted, these are the average for all pieces in that design;
2.2.2. where we offer rings in multiple sizes, the weight will be the average across all pieces in all sizes;
2.2.3. where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase;
2.2.4. throughout the jewellery industry, many gemstones undergo some form of treatment to enhance their appearance or durability. Therefore you should assume that any gemstones jewellery you purchase from us are treated.
2.2.5. whilst we always endeavour to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted we cannot always verify the reported origin.
2.3. If any of these Terms are inconsistent with any term of the Order, the Term shall prevail.
2.4. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5. These Terms shall become binding on you and us when we have dispatched the Goods to the address provided by you, at which point a contract shall come into existence between us. Receipt of an order by our Help Team or via our website does not constitute our acceptance of an order.
2.6. We shall assign an order number to the Order and inform you of it (“Order Confirmation”). Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7. We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that the contract between us arises pursuant to clause 2.5, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.8. Any Order placed through or as a result of the Company’s television programs (whether by telephone, internet or any other method) shall be subject to the Company’s Procedure and Policies.
2.10. The contract made between us is governed by the laws of the United Kingdom, using only the English language.
3. ADVERTISING AND OTHER CONTENT
3.1. The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material used or created by the Company, as well as the selection, assembly and management thereof, are herein collectively referred to as the “Content”. We reserve the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
3.2. Unless otherwise agreed in writing, the Content is the exclusive property of the Company and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by the Company or by third parties that have licensed their use to the Company. Unless we agree otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering of Goods from the Company and for no other purpose.
3.3. Any use, by you or anyone else authorized by you, other than that specifically authorized in these Terms or in writing by the Company is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3.4. Nothing contained herein should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark of the Company without the written permission of the Company or any third party that may own the trademarks or service marks displayed or utilized by the Company. We will enforce our intellectual property rights to the fullest extent of the law.
3.5. The Content may contain errors, inaccuracies, omissions and typographical errors or may be out of date. You acknowledge that we provide the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on Genuine Gemstone unless specifically indicated to be so.
4. DISCLAIMER AND LIMITATION OF LIABILITY AS TO CONTENT
4.1. The Company makes no warranties or representations whatsoever with respect to the Content (whether on our website, in our advertisements and publications or otherwise) or the accuracy, completeness or timeliness of that Content. Without limiting the foregoing, all Content provided by the Company is provided to you “as is”, with no warranty of any kind, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is” condition of Content is expressly made a condition of any transaction with the Company.
4.2. Under no circumstances will the Company, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special or punitive damages, whether in contract or in tort including negligence, arising in any way out of access to or use of or inability to access or use Content, lost profits or otherwise, even if the Company is expressly advised of the possibility of such damages.
5. THE GOODS
5.1. We warrant that on delivery the Goods shall:
5.1.1. conform in all material respects with their description (subject to any qualification pursuant to the provisions of clause 2.2);
5.1.2. be of satisfactory quality;
5.1.3. be fit for any purpose we say the Goods are fit for;
5.1.4. be free from material defects in design, material and workmanship; and
5.1.5. comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
5.2. This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office or local equivalent.
5.3. This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.4. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
5.5. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
6. DELIVERING THE GOODS
6.2. Delivery periods may vary depending on address. We do not warrant any time for delivery. Time for delivery is not of essence to the contract. We will not accept any liability for any claims, losses, costs, damages, expenses or similar claimed to have been incurred by you or any third party arising directly or indirectly or connected in any way with a failure to meet an estimated or requested delivery date.
6.3.All of our jewellery comes with FREE standard delivery, we could have your item with you the next 48 hrs*. Just make sure to order before twelve noon!*
6.3All of our delivery’s are by Royal Mail standard delivery. For your peace of mind, all parcels over £50.00 are fully trackable. You can also order as many items as you wish in one day and pay just one delivery charge.
*UK customers only
Repairs and replacements
We offer lifetime repairs for all our items. Just simply return the items.
Please be advised no item can be missing i.e. returning a necklace or bracelet without the clasp. In those cases there will be a small surcharge.