TERMS AND CONDITIONS
These terms and conditions tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. By using this website and/or placing an order, you agree to be bound by these terms and conditions.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are The London Smiths Ltd, a company registered in England and Wales. Our company registration number is 10931124.
If you have any questions or feedback, we'd be delighted to hear from you. Just drop us a line at firstname.lastname@example.org. We really care about your experience shopping with us and we'll make sure we get back to you really quickly.
If you're anything like us you'll be eager to unpack your lovely order as soon as possible. It will be with you in 3-5 working days and you can track its progress by clicking on the link in your confirmation emails.
We hope you love your products, but if you'd like to return them then please do so within 14 days of receipt in their original condition. You'll need to pay for cost of return postage unless your goods are damaged or faulty. Please get in touch with us if this is the case.
For hygiene reasons, jewellery must be returned in its original packaging.
OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
In the unlikely event that we are unable to fulfil your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate. The packaging of the product may also vary from that shown in images on our website.
PROVIDING THE PRODUCTS
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery company will leave you a note informing you of how to rearrange delivery or collect the products.
If you do not re-arrange delivery. If after a failed delivery you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. We will refund you any money you have paid for the products but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods. You own a product which is goods once we have received payment in full.
Please note that we cannot ship wood or items containing wood to Australia or New Zealand.
If you are due a refund, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply, including delivery costs.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Indemnity. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.
LIMITATIONS ON LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms and conditions.
Nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
OTHER IMPORTANT TERMS
Transfer of rights. We may transfer our rights and obligations under these terms to another organisation.
No third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Severance. If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.
Waiver. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival. Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement. These terms and conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the terms and conditions.
Law. The terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.