Terms & Conditions of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which goods are sold by us to consumers through this website, michallevinjewellers.co.uk (“our site” or the “website”). Our site is owned and operated by Michael Levin Jewellers (“we” or “Michael Levin Jewellers”), a company registered in England and Wales under company number 10500414 with its registered office at 43 Alexandra Street, Nottingham, NG5 1AY and main trading address at 25 Pelham Street, Nottingham, NG1 2E. VAT number 117493366.
Please read these Terms & Conditions of Sale carefully and ensure that you understand them before ordering any goods from our site. You will be required to read and accept these Terms of Sale when ordering Goods. You acknowledge that any use of this website by you, including any transactions that you make using it shall be subject to the terms and conditions listed below, which also incorporate our returns, delivery and payments policy. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order goods through our Site. These Terms of Sale, as well as any and all contracts are in the English language only.
Please note that we only deliver within the United Kingdom at this time.
Accuracy of Content
We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods and any errors will be wholly unintentional, however please note the following:
Images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
There may be a slight variance between the dimensions and weight shown and the actual goods and the description.
Pricing and Availability
We cannot guarantee that goods will always be available. If we do not have the item in stock, we will contact you to ask if you prefer to wait until the item is back in stock or cancel your order.
The price on the website is classed as an invitation to buy at the stated price and the contractual price is the price confirmed upon dispatch. (This is only the case when an item has been priced incorrectly. You will be notified of any error as soon as possible). We make all reasonable efforts to ensure that all prices shown on our site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. In the event that the price of goods you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our site at the time of placing your order. All prices stated on the website include all taxes at the applicable current rates. Title to any Goods you purchase on this website shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
Delivery options and related charges will be presented to you as part of the order process. The delivery address is provided by you when placing the order. Goods are deemed to be delivered when:
- our delivering agent delivers them to the delivery address (signature of a delivery note will be requested at your specified delivery address).
- In the case of attempted delivery (without success) the Goods will be deemed to have been delivered when you collect them from the indicated collection address. In the event that goods are not collected & returned to us by the delivery agent, you will be refunded the cost of the Goods less the cost of delivery and any costs charged to us by the relevant carrier for return (in the event that the Goods are bespoke/customised, we reserve the right to refund the cost of the item only, and not the cost of the bespoke services rendered in the making of that item).
In order to safeguard against theft, you are advised to provide us with a delivery address not accessible by third parties.
After completing your online purchase, you will receive a confirmation email detailing the products you have ordered. This confirmation email does not act as an acceptance of your order; the order acceptance will only take place when the products have been dispatched. Once the items have been dispatched you will receive a confirmation email, at which point a contract will exist under these terms and conditions
Our site will guide you through the ordering process. Before submitting your order, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order.
In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why in writing. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
Any refunds due under this clause will be made using the same payment method that you used when ordering the goods.
For returns please see the returns terms & conditions:
Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return.
Payment will be refunded within 14 days using the same payment method that you used when ordering the goods.
Damage or customer negligence voids any rights you have to take advantage of our refund or exchange policies. If you return goods to us that are outside of our returns policy, we will not refund you and the item will be returned to you at your expense. If the item is returned again or you refuse to accept delivery, this will be deemed to be an irreversible instruction for us to dispose of the goods as we see fit without further notice. These terms and conditions do not affect your statutory rights.
For more information please visit: www.adviceguide.org.uk
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our site or the use of or reliance upon any content included on our site.
To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our site or any content included on our site.
Our site is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Events Outside of Our Control
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 of our reasonable control (a ‘Force Majeure Event’). 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:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government;
- Pandemic or epidemic.
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 ForceMajeure Event.
If any event described under this clause occurs that is likely to adversely affect our performance of any of our obligations under these Terms of Sale:
– We will inform you as soon as is reasonably possible;
– We will take all reasonable steps to minimise the delay;
– To the extent that we cannot minimise the delay, our affected obligations under these Terms of Sale (and therefore the contract) will be suspended and any time limits that we are bound by will be extended accordingly;
– We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of goods as necessary; If the event outside of our control continues for more than 14 days we will cancel the contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the contract is cancelled.
If an event outside of our control occurs and you wish to cancel the contract as a result, please contact us contact us by telephone at 01159418600, by email at firstname.lastname@example.org, or by post at 25 Pelham Street, Nottingham, NG1 2ED. In each case, provide us with your name, address, email address, telephone number and order number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the contract is cancelled.
Links To and From Our Site
You may link to our site provided that: you do so in a fair and legal manner; you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; you do not use any logos or trademarks displayed on our site without our express written permission; and you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
Nothing on our site constitutes advice on which you should rely. It is provided for general information purposes only.
Insofar as is permitted by law, we make no representation, warranty, or guarantee that our site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the content on our site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this website shall remain at all times vested in us. You are only permitted to use this material if expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any video, pictures, text, 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, except for the purpose stated below.
You acknowledge and agree that the material and content contained within this website is made available to you 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.
Nothing on this website should be construed as granting any licence or right to use any intellectual property rights inherent in it without the express written permission of Michael Levin Jewellers.
Viruses, Malware & Security
We exercise all reasonable skill and care to ensure that our site is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website 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 sue our website 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 website or to your downloading of any material posted on it, or any website linked to it.
If you wish to contact us with general questions or complaints, for matters relating to goods & services, your order or cancellations, you may contact us by telephone at 01159418600, by email at email@example.com, or by post at 25 Pelham Street, Nottingham, NG1 2ED, or refer to the relevant clauses above.
Complaints & Feedback
We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with us, please contact us contact us by telephone at 01159418600, by email at firstname.lastname@example.org, or by post at 25 Pelham Street, Nottingham, NG1 2ED
How We Use Your Personal Information (Data Protection)
All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
Transfer of Rights & Obligations
We may transfer (assign) our obligations and rights under these Terms of Sale (and under the contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the contract, as applicable). The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. No failure or delay by us in exercising any of our rights under these Terms of Sale means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that we will waive any subsequent breach of the same or any other provision.
Law & Jurisdiction
Contracts for the purchase of Goods through our website 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 exclusive jurisdiction of the courts of England and Wales.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract is 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.
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. We each acknowledge that, in entering into a Contract, neither of us relies on 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. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions(whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
Changes to these Terms & Conditions
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. Any such changes will become binding on you upon your first use of our site after the changes have been implemented. You are therefore advised to check this page from time to time. If we change these Terms of Sale as they relate to your order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.