Binghamsmenswear.com Conditions of Use & Sale:
Dated April 2011
Your use of the LawsJewellers.com website is governed by these Conditions of Use & Sale. By accessing or using any part of the website you agree to be bound by these Conditions of Use & Sale.
1. Age of Consent
When interacting and/or placing an order at Laws Jewellers through this website you declare and represent that you are of sufficient legal age to purchase the items and/or register your details and that you possess the legal right and ability to create binding obligations for any liability you may incur as a result of the use of this service. You warrant that the information supplied by you in using this website is true and accurate. If we discover that you are not legally entitled to order certain items, we will not be obliged to complete the order.
2. Contract Formation
2.1 All orders made by you through the Laws Jewellers website are subject to acceptance and availability. We may choose not to accept your order for any reason. Prices of items are correct at the time of entering information, however, we reserve the right to change prices without prior notice. For the avoidance of doubt, no contract will exist between you and Laws Jewellers for the sale by Laws Jewellers to you of any item unless and until Laws Jewellers sends you an e-mail confirming that the item has been dispatched.
2.2 Once you have placed an order to purchase through the Laws Jewellers website, we will send you an email confirming that we have received your order and containing the details of your order. Your order represents an offer by you to Laws Jewellers for the purchase of items from Laws Jewellers and this offer will be deemed to have been accepted by us once you receive an email confirmation that we have dispatched the item/s to you (the “Dispatch Email”).
The acceptance will be complete at the time we send the Dispatch Email confirming that the item/s have been dispatched. Any item/s on the same order that have not been confirmed in the Dispatch Email do not form part of that contract.
3. Use of the Laws Jewellers Website
3.1 Neither Laws Jewellers nor its partners shall be liable for any direct, indirect or consequential loss or damage (including, without limitation, loss of profits, business, anticipated savings, goodwill, use of data) caused by the use of and/or reliance on, or the inability to use, the website which results, without limitation, from inaccurate information, omissions, interruptions, suspension, errors, defects, viruses, delays in operation or transmission, or any other failure of performance with respect to the website (subject to the matters set out in the Conditions of Use & Sale or as otherwise provided by law).
3.2 In no event, when accessing and using the Laws Jewellers website, will either Laws Jewellers or its partners, either jointly or severally, be liable for:
3.2.1 any losses that were not foreseeable to both parties when the contract was made;
3.2.2 any losses that were not caused by any breach on the part of the supplier;
3.2.3 any business losses and/or losses to non consumers.
3.3 You shall indemnify, and keep indemnified, Laws Jewellers and its partners against any loss, liability and cost which Laws Jewellers incurs as a result of your use of this website other than in accordance with these Conditions of Use & Sale or any external websites accessed from this website, or the breach by you of any intellectual property rights in the website except in so far as such loss, liability or cost arises from Laws Jewellers negligence or breach of these Conditions of Use & Sale.
3.4 The Laws Jewellers website contains links to third party websites. Laws Jewellers cannot accept liability for any statements, information, products or services that are accessed or provided by or to you through any of these external third party websites. You are advised to read the privacy statements and related terms and conditions/terms of use for these linked websites. Third party websites to which the Laws Jewellers site is linked have been provided for the purposes of payment security, convenience and/or information and, as such, neither Laws Jewellers nor its partners has any responsibility for the content of such websites or pages and we do not accept any liability for any loss or damage whatsoever that may be incurred as a result of any linking to these third party websites.
3.5 Third party websites are owned and operated by third parties (unless otherwise stated) and any and all intellectual property rights in the material on these websites which you may be able to link to from this website are owned by third parties.
3.6 Laws Jewellers Privacy Policy, as contained on the Laws Jewellers website pertains to the Laws Jewellers website only.
3.7 The Laws Jewellers website may only be used for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
3.8 Due to the nature of the internet, if you are visiting this site from a country other than the United Kingdom, any information and/or communication will inevitably result in the transfer of information across international boundaries. By visiting this website you consent to such transfers.
3.9 The Laws Jewellers website, together with its content and information, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Non-UK residents accessing these pages should inform themselves and observe any restrictions imposed by such law or regulation. If you do not know or are in any doubt as to whether the website can be lawfully used by you, you must not use the website for any purpose.
4. Changes and Severability
4.1 Laws Jewellers reserves the right to amend these Conditions of Use & Sale and to make changes to the Laws Jewellers website and policies from time to time and at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order items from us, unless any change to the policies or the conditions is required by law or a government authority (in which case it will apply to orders previously placed by you).
4.2 If any term or provision of these Conditions of Use & Sale shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions of Use & Sale but the validity and enforceability of the remainder of the Conditions of Use & Sale shall not be affected.
5. Data Protection
Laws Jewellers is dedicated to complying with the Data Protection Act. We will not pass on your details to any third party without your prior consent. Please refer to our Privacy Policy should you require further information regarding this.
6. Licence for Website Access
6.1 Laws Jewellers grants you a limited licence to access and make personal use of this website. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any item listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any material found within the pages of Laws Jewellers, including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.
6.2 You are not authorised to frame or use framing techniques to enclose and/or reproduce any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Laws Jewellers without our express written consent. You may not use any meta tags or any other "hidden text" citing Laws Jewellers without our express written consent.
7. Disclaimer
7.1 This site and its content are provided "AS IS", therefore, all material accessed or downloaded from the website is obtained and used at your own risk. It is your responsibility to use appropriate virus/protective software. We also do not accept liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free.
7.2 Furthermore, we make no (and disclaim all) representations and/or warranties whatsoever as to the accuracy of the information contained on the website. All conditions, warranties and representations, expressed or implied by (i) statute, (ii) common law or (iii) otherwise, including, without limitation, conditions, warranties or representations of fitness for a particular purpose or satisfactory quality, are excluded to the fullest extent permissible by law.
8. Losses
8.1 In no event, when accessing and using the Laws Jewellers website, will either Laws Jewellers or its partners, either jointly or severally, be liable for:
8.1.1 any losses that were not foreseeable to both parties when the contract was made;
8.1.2 any losses that were not caused by any breach on the part of the supplier;
8.1.3 any business losses (including including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) and/or losses to non consumers and/or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
8.2 Laws Jewellers does not limit its liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
9. Pricing and availability
9.1 We list availability information for items sold by us on the website, including on each item information page. Please note that dispatch information are only estimates and must not be deemed to be guaranteed dispatch times and should not be relied upon as such. When processing your order, we will notify you by email if any of the item/s you have ordered is/are unavailable.
9.2 Despite our diligent efforts, a small number of the items in our catalogue may be mispriced. All prices for the purchased item/s will be confirmed and verified in the Dispatch Email. If the item/s correct price is lower than the stated price, we will charge the lower amount and send you the item. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
9.3 All prices are inclusive of VAT.
10. Customs
10.1 If you are ordering items from Laws Jewellers for delivery overseas please be aware that you may be subject to import duties and taxes which are levied once the delivery reaches the specified destination. The purchase price of the items sold on the Laws Jewellers website does not include these charges and any additional charges for customs clearance must be borne by you. As Customs policies vary widely from country to country, you are advised to contact your local customs office for further information.
10.2 When ordering items from the Laws Jewellers website for delivery overseas, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries may be subject to opening and inspection by customs authorities.
As part of a cross-border delivery, we may be required to provide certain order, delivery and product information to the international carriers and this information may further be communicated by the carriers to the customs officials in order to facilitate clearance of the package and to comply with the local laws.
If the item/s has been ordered as a gift, the package will be marked “gift” but the cost of the item will be reflected on the customs form. We are required, by customs authorities, to state the value of the gift item, directly on the package.
11. Events Beyond our Reasonable Control
Laws Jewellers and its partners, both jointly and severally, shall not be liable for any delays or failure to comply with our obligations under these conditions if the delays and/or failure to comply with our obligations under these Conditions of Use & Sale were beyond our reasonable control. This condition does not affect your statutory rights.
12. Non-Waiver of Rights
A failure by Laws Jewellers and/or its partners to exercise or delay in exercising a right or remedy under these Conditions of Use & Sale shall not constitute a waiver of the right or remedy, or a waiver of any other right or remedy, by either Laws Jewellers and/or its partners. Therefore, should you be in breach of any of these conditions and we take no action, we shall still be entitled to enforce our rights and remedies under these Conditions of Use & Sale.
13. Electronic Communications
When you visit the Laws Jewellers website or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail and/or by posting notices on the Laws Jewellers website. By entering this website, and for contractual purposes, you agree to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Jurisdiction
These Conditions of Use & Sale are governed and construed in accordance with the laws of Northern Ireland and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as do we, to submit to the non-exclusive jurisdiction of the courts of Northern Ireland.
