Terms and Conditions
Your use of this website is subject to these Website Terms of Use, which tell you the basis on which you may make use of this site. Please read these terms carefully before use, if you do not agree to the terms stated please refrain from using our website and contact us directly so that we may accommodate your needs by telephone or visiting our retail store.
We may change these Terms of Use at any time by updating this page so you should always review these terms to ensure you are happy to proceed. All prices are inclusive of VAT, where applicable, at the prevailing rate. All prices are in £ sterling. By using this website you are agreeing to accept these Terms of Use.
INFORMATION ABOUT US.
We are Trinity Goldsmiths, a registered partnership in England and Wales. Our registered office is 1a Forman Street, Nottingham, NG1 4AA. Our VAT number is 118 8309 61.
You can contact us by email at jewellery@trinitygoldsmiths.com or by telephone 01159475052.
The website to which these Terms of Use apply and for which we are responsible is http://www.trinitygoldsmiths.com.
YOUR USE OF THIS WEBSITE.
We have made this website available for you for your own personal non-commercial use. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service at any time, without notice.
This website and all of it’s contents including, without limitation, all text, software, trade marks, logos, designs and images is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licences of the Website Content not expressly granted by the Terms of Use are reserved.
You may print off one copy, and you may download extracts, of any pages from our site for your own personal reference and you may share material from our site on social media (Facebook, Twitter etc) subject to these terms. These images should be for your own personal use, not for business purposes and not to suggest any connection between us and a third party.
You must not modify the paper or digital copies of any materials you have printed or downloaded in any way.
OUR LIABILITY TO YOU
We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. We do not guarantee that the use of this website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the website. We do not guarantee that this website will be available at all times and we reserve the right to modify or withdraw this site at any time.
We are only liable to you for losses which you suffer as a result of a breach of these Terms of Use by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching our Terms of Use, for example if you or we could not have contemplated those losses before or when you access this site. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
Nothing contained in these Terms of Sale in any way affects your statutory rights.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods and/or services formed through our site or which may otherwise be covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or as a result of visits made by you are governed by our terms and conditions of supply.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from or related to a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country. These terms of use are governed by English law.
YOUR CONCERNS
If you have any concerns regarding the material found on this site, please contact jewellery@trinitygoldsmiths.com
WEBSITE TERMS & CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which Trinity Goldsmiths supply any of the products (Products) listed on and sold through our website (Website Terms and Conditions) www.trinitygoldsmiths.com (our site) when sold to a customer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations). Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site, other than purchases over the counter at our store. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. These terms and conditions are supplemented by our Terms for Supply of Goods and Services (Sale Terms and Conditions). Where there is any conflict between the Website Terms and Conditions and our Sale Terms and Conditions, the Website Terms and Conditions shall prevail for Distance Sales. These Website Terms and Conditions do not apply to over the counter sales at our store, please ask in store.
You should print a copy of these terms and conditions for future reference.
By placing an order through this website you have accepted the terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site, please contact us should you chose to refuse the terms and conditions.
1. Information about us
1.1 We operate the website www.trinitygoldsmiths.com. We are Trinity Goldsmiths, a partnership registered in England and Wales and with our registered office at 1 Forman Street, Nottingham, NG1 4AA. Our VAT number is 118 8309 61.
2. Service availability
2.1 Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside this countries. Where orders are inadvertently accepted from outside those countries, we reserve the right to cancel the order without liability to the Customer. The Customer will receive a full refund for any payment made, subject at our discretion to our withholding our reasonable costs.
3. Your status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in the United Kingdom; and
(d) you are accessing our site from that country;
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those dispatched Products. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products. Where we have been provided with an email address, this will be confirmed in a separate Dispatch Confirmation.
5. Our status
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or Citizens Advice Bureaux.
6. Consumer cancellation rights
6.1 If you are contracting as a consumer under the Regulations, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in clause 6.4. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation. If the Products have been delivered to you, you may cancel at any time within fourteen days, starting from the day after you receive the Products, or where the Products are dispatched in stages, 14 days from the date you received the last delivery.
6.2 To cancel a Contract, you must inform us of the cancellation within the period stated above. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable. You have a legal obligation to take reasonable care of the Products while they are in your possession.
6.3 You will not have any right to cancel a Contract for the supply of any made-to-measure order or personalised products.
6.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision is in addition to and does not affect your other statutory rights as a consumer under the Regulations or under any other English or European law or regulation for the protection of the customer.
7. Availability and delivery
7.1 The Products which we display cover a selection of designs available through our store. Whilst we make every effort to give you an accurate impression of our Products, please note that images may not be to scale and colours shown are as accurate as internet and photographic technology reasonably allows.
7.2 If you intend to visit one of our shops, we would advise that you confirm with the shop beforehand to confirm the availability of the Product you are considering purchasing.
7.3 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. Risk and title
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, where applicable.
9. Price and payment
9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. All transactions will be in £ sterling.
9.2 Product prices include VAT, where applicable. However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures 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 a 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 at the correct price, or reject your order and notify you that we are rejecting it.
9.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we do not have to provide the Products to you at the incorrect (lower) price even where we have provided a dispatch confirmation.
9.6 Payment for all online Products can be made by either credit/debit card or by bank transfer. If you are paying by credit/debit card, we will obtain pre-authorisation from your issuing bank/credit company to apply the debit against you card and we will charge your credit or debit card at the point of Dispatch Confirmation being sent. We reserve the right to apply the debit earlier if we deem it appropriate. If the Product is not available, we will credit monies taken back to the card account from which they came.
If you are paying by bank transfer we will confirm receipt of payment with you once your funds have arrived in our bank account. We will then contact you to arrange shipment of the Product. If the Product is not available, we will return monies taken to the bank account from which they came.
10. Our refunds policy
10.1 If you return a Product to us:
(a) if you are contracting as a consumer under the Regulations, because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you returned the Product to us. In this case, we will refund the price of the Product in full.
(b) for any other reason (for instance, because you have notified us in accordance with clause 24 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of our findings and (where applicable) confirm your refund (or our reasons why we believe you are not entitled to a refund) via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full. Refunds will not be available where we reasonably find that the Product has been damaged following delivery to you. For refunds not covered by the Regulations, where we accept that the goods are faulty, we may, at our discretion refund a proportion of the price where we find that the Product has suffered wear and tear as a result of your possession of it. Please refer to your obligations contained in clause 10.3 below.
10.2 We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
Your obligations
10.3 If you wish to return a Product to us, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.
11. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. Our liability to a business
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.2.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights Act 2014 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
This clause 12 does not apply if you are contracting as a consumer. Please see clause 13.
13. Our liability to a consumer under the Regulations
13.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
13.2 We only supply the Product for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights Act 2014 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by sections 9, 10, 11, 13 and 15 of the Consumer Rights Act 2014 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
(e) defective products under the Consumer Protection Act 1987; and
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you are contracting as a business, this clause 13 does not apply. Please see clause 12.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Notices and communications
All notices given by you to us must be given to Trinity Goldsmiths at 1 Forman Street, Nottingham, NG1 4AA or to jewellery@trinitygoldsmiths.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. For communications not covered by the Regulations, you may also visit any of our stores and speak directly to our staff.
16. Transfer of rights and obligations if you are a business
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
This clause 16 does not apply if you are contracting as a consumer. Please see clause 17.
17. Transfer of rights and obligations if you are a consumer
17.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
17.2 You may only transfer your rights and obligations under this Contract if we agree to this in writing.
This clause 17 does not apply if you are a business. Please see clause 16.
18. Events outside our control
18.1 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 (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Where you are contracting as a consumer, this clause does not affect your statutory rights.
19. Waiver
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
20. Severability
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
If you are contracting as a consumer, this clause 21 does not apply. Please see clause 22.
22. Our contract with you
If you are contracting as a consumer under the Regulations, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
If you are contracting as a business, this clause 22 does not apply. Please see clause 21.
23. Our right to vary these terms and conditions
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 You will be subject to the policies and terms and conditions (as set out or referred to in these Website Terms and Conditions) in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
24. Law and jurisdiction
Contracts for the purchase of Products through our site or otherwise under the Regulations and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
26. Third-party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.