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Terms and Conditions

Introduction

Mitchells Jewellers Ltd supplies products listed on the mitchells.diamondjewellery.shop website, and in our stores under the following Terms and Conditions. Please read these Terms and Conditions, and our Privacy and Cookie Policies carefully before using our website or ordering from us.

The Terms and Conditions apply to your use of any Mitchells Jewellers Ltd website and to any products you purchase from them; regardless of how you access the website, including any technologies or devices where our website is available to you at home, on the move or in store.

We reserve the right to update these Terms and Conditions at any time, and any updates affecting you or your purchases will be notified to you, by us in writing (via email), and on this page.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

Information About Mitchells Jewellers Ltd

This website is operated by Mitchells Jewellers Ltd,

 

107 High Street
Maldon
Essex
CM9 5 EP
United Kingdom
VAT Number:130687223

 

Terms of website use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website mitchells.diamondjewellery.shop (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to any products you purchase from Mitchells Jewellers Ltd placed through our website or where applicable from our showrooms.

You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the website or our showrooms.

  1. Placing Orders
    • To place an order you can either open an account with us, or you can use our Guest Checkout. If opening an account with Mitchells Jewellers Ltd, you will be required to provide us with some compulsory personal information.
    • You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.
    • When you create an account we will ask you to create a password to allow you to access your account, and to maintain account security on this website. You are responsible for keeping your password and account information confidential.
    • We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorised use of your account, please contact us.
    • If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.
    • If you use our Guest Checkout we will retain your personal information in order to process your order. If you already have an Account we will attempt to match your personal data with your existing account information if not we will retain your information for future orders that you might make.
    • If you place an order in a showroom and pay a deposit to confirm the order, the deposit is non-refundable and non-transferable if you decide to cancel your order. If the manufacturer ceases to supply the product(s), your deposit will be refundable or alternatively we may jointly agree to transfer the balance.
  2. Subscriber Offers
    • By adding a subscriber offer to your transaction you are giving permission for Mitchells Jewellers Ltd to opt you into all communications including but not limited to email, sms, direct mail and notifications. If you decide at whatever stage to opt out of marketing communications then any subscriber offers are not valid and will not be applied to your purchase. You may opt back in at anytime by accepting subscriber offers or changing your preferences.
  3. Order Acceptance
    • Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and despatch of the product(s) is confirmed.
    • We have the right, prior to despatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
    • Our contract with you will start when you receive the order despatch email and remain in place until the last day of your right to return the products.
    • If we cannot supply you with the all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.
    • If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after despatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that Mitchells Jewellers Ltd shall incur no liability.
  4. Payment
    • During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
    • By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider.
    • We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
    • We take full payment immediately for all products, unless you sign up to pay for your order using our third party credit provider. Card payments will be subject to authorisation from your card issuer, and credit facilities subject to a credit check.
    • Products ordered remain the property of Mitchells Jewellers Ltd until they have been collected in store, or we have delivered them to the address specified by you.
    • If you have already received the products you ordered from us but your payment was not received, you must either pay for the items, or return them to us in the same condition that you received them, in accordance with our reasonable return instructions and at your own expense. If you fail to do this within 30 days from the date on which we notify you of cancellation of the order, we may arrange for collection of the products at your expense.
    • We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.
  5. Delivery and Collection Delivery
    • Timescales and charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available. You'll find full details of our delivery charges here.
    • Delivery will be to the address or showroom specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office.
    • When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.
    • We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.
    • In the UK, any delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory rights see "Right to Cancel" section below and contact your local authority Trading Standards department or consumer advice centre.
    • Collection from showrooms:
      • When you collect your order from a showroom, you will need to bring a printout of your order confirmation and photographic proof of your identity. We will notify you when your order is ready to be collected from your chosen showroom.
    • International Delivery:
      • Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, we reserve the right to define what products can and cannot be delivered to which destination.
      • Mitchells Jewellers Ltd products are sold on the basis that delivery duty is unpaid. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and before placing an order for international delivery, you are required to check these details.
      • It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
  6. Delays
    • We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
    • We shall be under no liability to you for such delay or failure of products being delivered when originally specified.
  7. Changes to an Order
    • Any changes to your order must be notified to us prior to their despatch, and be in writing (via email).
    • When an order is placed, you cannot make changes to your name or address once your order has been despatched.
    • If you amend or change your order this could lead to changes to your delivery timetable.
    • If you amend or change your order you may also find the item is no longer available, or that the price has changed for which you may be charged.
  8. Right to cancel
    • If you are entering into a contract with us as a consumer online or ordered by telephone, you have the right to cancel* (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), your contract at any time up to 14 calendar days after the day on which you received the products you ordered. *This statutory right to cancel is separate from our goodwill policy, and does not apply to products purchased in our stores.
    • When we have received all of your order back, any paid delivery charge will be included in your refund. The delivery charge refund will be to the value of standard delivery.
    • If you wish to cancel an order, please be aware that statutory rights of cancellation do not apply to any personalised, bespoke or engraved products or earrings due to personal hygiene.
    • To exercise your right to cancel your contract with us, you must inform us of your decision in writing within 14 calendar days after the day you received the products, which you can do by downloading the cancellation form here and sending to us separately.
    • While the products are in your position, you must take reasonable care of them until you return them to us.
    • You shall send back any products or return them to us, without undue delay and in any event not later than 14 days from the day you communicate your cancellation of the contract to us.
    • The deadline is met if you send back any products before the 14 days has expired.
    • Products should be returned either with, or in their original packaging.
    • You will be liable for any diminished value of the products resulting from the unnecessary handling, in excess of what is necessary to establish, characteristics and functioning of the products. We will assess this charge when the products are returned but this charge will not be more than the original contract value.
    • We will process your refund within 14 days of receipt of the products and need to repay by the same method you originally paid Mitchells Jewellers Ltd.
    • For products delivered to a third party, at your request in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using our site, you must comply with the provisions of OUR ACCEPTABLE USE POLICY. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with OUR PRIVACY POLICY. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in OUR ACCEPTABLE USE POLICY. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in OUR ACCEPTABLE USE POLICY.

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 home page, 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 home page. 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. If you wish to make any use of material on our site other than that set out above, please contact us to address your request

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.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website mitchells.diamondjewellery.shop (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement OUR TERMS OF WEBSITE USE.

mitchells.diamondjewellery.shop is a site operated by Mitchells Jewellers Ltd ("We").

107 High Street
Maldon
Essex
CM9 5 EP
United Kingdom
VAT Number:130687223

.

 

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our conten standards (see below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of OUR TERMS OF WEBSITE USE.
  • Not to access without authority, interfere with, damage or disrupt: any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.

(interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material. Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the TERMS OF USE upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Jurisdiction and applicable law

The 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 any other relevant country. These terms of use 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) shall be governed by and construed in accordance with the law of .

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact us Thank you for visiting our site.

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