1. These terms
1.1 These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2. 1 We are Kingsby London Limited a company registered in England and Wales. Our company registration number is 9148897 and our registered office is at 601 International House, 223 Regent Street, London, W1B 2QD. Our registered VAT number is 224 9388 85.
2.2 You can contact us by telephoning our customer service team at 0207 993 8839 or by writing to us at email@example.com and 601 International House, 223 Regent Street, London, W1B 2QD.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
2.5 In order to purchase any goods from us you must be 18 years or over.
2.6 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3.1 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.
3.2 If you consider that any Product is faulty or mis-described, please notify us immediately. You must return such Products to us as soon as reasonably practicable in accordance with our reasonable instructions. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. If you have returned any Products (whether Non-investment Products or Investment Products) to us because they are faulty or mis-described, we will inspect the Products and if found to be faulty, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
3.3 We will process the refund due to you within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or mis-described Product.
4. 1 We reserve the right to refuse to supply any individual or company.
4. 2 We may change, suspend or discontinue www.kingsbylondon.com or the provision of Products under the www.kingsbylondon.com Website or any part of it at any time.
4. 3 Every time you offer to order Products from us (“Order”) the Terms in force at that time will apply to the contract for the Product at the moment we confirm acceptance of your offer by sending you confirmation that the Product has been or shall be shortly dispatched (the Order Confirmation’).
4. 4 Whenever we revise these Terms in accordance with this clause 4, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
4. 5 With regards to Investment products; once you have placed an Order in respect of which we have sent you an Order Confirmation cancellation is NOT possible under the Distance Selling Regulations referred to in Clause 12.2 due to the fluctuating nature of the precious metals market. We will pursue payment from you for all your Orders in respect of which we have sent you an Order Confirmation.
4. 6 With regards to pre-set jewellery products from stock; you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
4. 7 You do not have a right to change your mind in respect of bespoke and custom made items, these terms are covered under the Consumer Contracts Regulations 2013.
We only use your personal information in accordance with our Privacy and Cookies Policy. Please review these documents as they contain significant terms which apply to you.
6. Our contract with you
6.1 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.
6.2 You may place Orders via the following methods:
(a) online through our Website; or
(b) over the telephone by calling us on 0203 870 1310; or
(c) in accordance with the steps set out in any one of our advertisements published in various printed media publications (Adverts).
6. 3 If you place an Order, we will require you to provide certain personal information (which may include without limitation your full name or company name and address (as set out on identification documents issued by or on behalf of the relevant government), email address, telephone number, photograph and date of birth) so that we may ensure compliance with our legal obligations concerning identification of our customers (including those relating to anti-money laundering), protect against fraud and reduce credit risk, and contact you about your Order if required. This information should, where possible, be provided when you place your Order and in any event no later than the first working day after ordering. In these Terms, working days means Monday to Friday (excluding public holidays in England). We reserve the right to require proof of identification at any time for any reason (which may include a requirement to provide your passport, driving licence, utility bills or bank statements (no more than three months old) and other official documents – please see here for further information about acceptable proof of identification).
6. 4 When you submit an Order to us, you make an offer to us to purchase the Products at the price (including delivery costs) that we have notified to you pursuant to clause 7.1 and otherwise under these Terms. All Orders placed are subject to these Terms and by placing an Order, you agree to:
(a) comply with these Terms;
(b) pay the price of the Products and delivery charges for the Products;
(c) pay all bank charges arising from any payment you make to us in a foreign currency; and
(d) pay any Administration Fee that may become due
However, this does not mean that we have accepted your Order. The way in which we accept your Order depends on how your Order is made. Our acceptance of each type of Order will take place as described in clause 6.8 in respect of online Orders, clause 6.10 in respect of telephone Orders and clause 6.12 in respect of Orders in response to Adverts.
6.5 Please note that we do not hold all Products in stock and we may have to order Products specifically in order to fulfil your Order. Unless we have notified you that your Products are not in stock before you placed your Order, we will inform you if we are unable to supply you with the Products set out in your Order, and will not process your Order unless you instruct us to, and where you have already paid for the Products and do not wish to proceed with your Order we will refund you the full amount as soon as reasonably possible.
6.6 If we are unable to supply you with the Products set out in your Order at the price set out in your Order because of a pricing error, the process in clause 7.5 will apply.
6. 7 Please take the time to read and check your Order at each page of the order process. Before submitting an Order through our Website, you will be required to tick a box to indicate your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
6.8 After you have placed an Order online, you should receive an e-mail from us acknowledging that we have received your Order (but please contact us if you do not receive this email). Please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us. We will confirm when your Order has been accepted by sending you an e-mail confirming that your Order has been accepted, at which point the contract between us for the supply of the Products will be formed.
6.9 When ordering over the telephone, you will be required to accept the Terms and conditions on our website before placing any Order with us by telephone. If you do not accept these Terms, you will not be able to order any Products from us over the telephone.
6.10 When you place an Order over the telephone, please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us. We will confirm when your Order has been accepted by sending you an e-mail or by notifying you over the telephone, confirming that your Order has been accepted, at which point the contract between us for the supply of the Products will be formed. If you have not received confirmation that your Order has been accepted within a reasonable time of ordering, please contact us.
Ordering Products from printed Adverts
6.11 If you wish to order any Products advertised for sale in an Advert, you should (and in the case of payment by credit card or debit card, must) call us to check the availability and price of the Products that you wish to purchase before sending any payment to us for such Products. If you call us to place an Order for such Products, clauses 6.9 and 6.10 shall apply.
6.12 All Orders are subject to acceptance by us. If you place an Order in response to an Advert and:
(a) you send payment for the Products that you wish to purchase via post without having first contacted us, then provided that in respect of Investment Products the price of the Products has not increased from that set out in the Advert, we will confirm when your Order has been accepted by sending you an e-mail confirming or by notifying you over the telephone that your Order has been accepted, at which point the contract between us for the supply of the Products will be formed;
(b) if the price of any Investment Product has increased from that set out in the Advert, we will contact you to check whether you would like to proceed with your Order at the correct higher price. If you would like to proceed, we will confirm when your Order has been accepted by sending you an e-mail or by notifying you over the telephone, confirming that your Order has been accepted. If we do not obtain your agreement to proceed within 3 working days of receiving your Order, we will cancel your Order and return or refund any payments made by you (as appropriate) as soon as reasonably possible; and
(c) if you have not received confirmation that your Order has been accepted within a reasonable time of ordering, please contact us.
7.1 The prices of our Products will be:
(a) in respect of Orders placed through our Website, the price quoted on our Website, provided that in the case of Investment Products, payment and personal information is received by the applicable deadline;
(b) in respect of Orders placed over the telephone, the price quoted by us to you during that telephone call, provided that in the case of Investment Products, payment and personal information is received by the applicable deadline; and
(c) in respect of Orders placed in response to Adverts, the price set out in that Advert, provided that in the case of Investment Products the price has not changed between the date on which the Advert is printed and the date on which we receive your Order (in which case clause 6.12(b) shall apply) and payment and personal information is received by the applicable deadline.
The price of Investment Products is dependent on market fluctuations in price and if payment or any required personal information is not received by the applicable deadline, the price of the Investment Product may increase according to market fluctuations, in which case, you will be expected to pay the price difference.
7.2 Prices for our Products may change from time to time. Except as set out in in these Terms, changes will not affect any Order which we have accepted in accordance with these Terms.
7.3 The price of a Product is stated inclusive of any VAT that may be payable.
7.4 For deliveries in the UK, our standard method of delivery for Orders with a value of less than £2500 is Royal Mail Special Delivery. All Orders with a value of £2500 and above are usually sent by Fed Ex or DHL for delivery destinations within and outside of the UK. Further information about our delivery charges is set out during the online order process and in respect of telephone Orders, will be notified to you over the telephone (as applicable).
7.5 We take all reasonable care to ensure that the prices of Products are correct at the time at which they are provided. However, we supply a wide range of Products and it is always possible that, despite our reasonable efforts, the price we provide to you in respect of some of our Products may be incorrect. It is also possible that when paying for your Products you may pay the wrong amount. The following provisions shall apply where we discover an error in the price of any Product that you have ordered when processing your Order.
Our pricing error
(a) if a Product’s correct price is higher than the price stated to you, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct higher price or cancelling your Order. We will not take any further steps to process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. If you have paid any part of the price of the Product but we are unable to contact you to take your further instructions, we will refund such sums to you as soon as reasonably possible.
(b) if we accept an Order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as mispricing, we may end the contract with you, refund to you any sums you have paid under the contract and required the return of any Products supplied to you under that contract.
Your pricing error
(c) if we have quoted the correct price to you and a contract between us for the supply of the Products has been formed, but when paying the price you have paid an amount less than the quoted price, you must make payment of the remainder due by the deadline we notify to you. Your Product will not be delivered until such outstanding amount is received in cleared funds.
8.1 We accept payment by the following methods:
(a) cash (subject to your compliance with all requirements of applicable anti-money laundering legislation, further details of which are set out in clause 8.2);
(c) bank draft or postal order;
(d) bank transfer (our bank details are available upon request), except for Orders placed by post in response to Adverts; and
(e) credit card or debit card.
Internet access is required for credit card and debit card payments. Please note that credit or debit cards issued outside of the UK may not be accepted by the relevant banks and we will contact you if your payment by debit card or credit card is rejected. For further information regarding methods of payment, please contact us before placing your Order.
8.2 For Orders over £5,000 or for cumulative orders of over £10,000 in any one year you will provide us with a certified copy of your photographic ID, and an original of a utility bill being not more than three months old in respect of your usual residential address.
8.3 All payments should be made in pounds sterling unless otherwise agreed by us in advance of placing your Order. If you choose to pay in a foreign currency or from a bank account which is not a pounds sterling account, you shall be responsible for paying all charges and fees incurred by you or us as a result of your payment in a foreign currency or from such account.
8.4 The procedure for payment for Products ordered will depend upon the method by which you place your Order, as set out below:
(a) if you place an Order through our Website, you must select the appropriate box during the online Order process to indicate your chosen method of payment.
(b) if you place an Order over the telephone, you must notify us of your chosen method of payment when placing your Order.
(c) if you place an Order in response to an Advert, you must notify us of the method of payment on your order form.
8.5 The time period in which you are required to make payment will depend upon how you place your Order and your preferred method of payment, as follows:
(a) payments by cash, cheque, bank draft, postal order or bank transfer must be sent on the day of ordering in respect of any Order that is placed via our Website or over the telephone. Cash, cheques, bank drafts and postal orders must be sent by pre-paid first class post or other next working day delivery service on the day of ordering.
(b) if you place an Order through our Website and elect to pay by credit card or debit card, payment must be made at the time of your Order.
(c) if you place an Order over the telephone and elect to pay by credit card or debit card, we will send you an email containing a link to our online payment gateway (although please contact us if you do not receive this email within 2 hours of placing your Order) and you must make payment on the day on which you receive this e-mail. For the purposes of this clause, emails are deemed to have been received on the date that they are sent to you.
8.6 If you place an Order by post in response to an Advert, cash, cheques, bank drafts and postal orders should be enclosed in the envelope with the Order (but you may not pay by bank transfer). We will not accept an Order received by post, and a contract for the supply of Products will not be formed, unless we have received payment.
9. Availability and Delivery
9.1 All Products are subject to availability and may be withdrawn at any time prior to us sending you an Order Confirmation in respect of Products already ordered.
9.2 Delivery will be made to the address specified by you when you place your Order. We cannot deliver to P.O Box addresses. Where payment is made by credit card the delivery address must match the cardholder’s address that has been used to make the online card payment for the Product. We will endeavour to deliver within 5 working days of our receipt of cleared funds in respect of the products in the Order Confirmation, unless there are exceptional circumstances. If we are unable to deliver your Order within that 5 working day period we will notify you by e-mail of the delay. We will do our best to deliver next working day for Orders where cleared funds are received before 3pm.
9.3 The Delivery fee applicable to your specific Order will be set out clearly in the online checkout process.
9.4 Where Products are delivered through Royal Mail where a signature is required upon delivery and you are not available to accept delivery, Royal Mail’s terms in respect of such delivery shall apply which may result in your Products being returned to your local Royal Mail sorting office and/or being returned to us upon failure to collect the Products within a specified time. If your Products are returned to us in these circumstances, you will be charged an additional delivery fee (at our standard delivery for that Product) for resending the Products to you.
9.5 Claims arising from packages being signed for by an individual unknown to you or other circumstances involving any other third party at the delivery address are your risk.
9.6 Where we fail to tender delivery of Product when we have sent you an Order Confirmation of your Order we will make you a full refund of the original amount paid or provide you with equivalent goods as a replacement. We will accept no liability for any price fluctuation in those circumstances.
9.7 Should you wish to collect directly from us, you must produce identification and a copy of the invoice for the Products you are collecting. We cannot release the Products to 3rd parties without prior arrangement and this may not always be possible. Please contact us to discuss this before you send anyone to collect.
10.1 You will own the Products once you receive the confirmation of our acceptance of the Order, we have received the Products from our supplier, we have received payment in full in cleared funds and we have received all the documents required under clause 6.3 in respect of your Order.
11. International Delivery
11.1 If you would like to order Products to be delivered to a destination outside of the United Kingdom, please contact us before placing your Order.
11.2 Certain countries do not allow money to be sent through their postal networks. We cannot accept liability for loss or damage to money Products sent to such International Delivery Destinations. If you are ordering money Products for delivery to an International Delivery Destination, please check whether the posting of your Products to that destination is permitted before placing your Order.
11.3 If you order Products for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination and/or may be subject to seizure by the relevant customs or other authorities if there are any restrictions on the import on the Products you have ordered and attempted to import into that International Delivery Destination. Please note that we have no control over these charges and we cannot predict their amount and we do not make any representations or guarantees in respect of whether you will be permitted to import the Products into any territory. You will be responsible for payment of any such import duties and taxes and for determining whether any restrictions on import are in place and applicable. Please contact your local customs office for further information before placing your Order.
11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12.1 We reserve the right to cancel any Order at our sole discretion before we issue an Order Confirmation.
12.2 With regards to Investment Products; the right for the buyer to cancel under Clause 12.2 and Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 does NOT apply because the goods we supply are dependent on fluctuations in the financial market and are therefore exempt from the right to cancel.
12.3 If you wish to cancel an Order for an item for which you have paid prior to its coming into stock, in consequence of a price fluctuation, we will agree to do so if you call our Customer Services Line on (0203 870 1310) or email us on firstname.lastname@example.org within 24 hours of the order being accepted and at that time you pay a cancellation charge of 2.5% of the total Order value, plus any consequential loss we would suffer owing to the fluctuation in the price of the Product.
13. Our Liability if you are a consumer (This clause 13 only applies if you are a consumer)
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
13.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial or business 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 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
14. Our Liability if you are a Business (This clause 14 applies if you are a business.)
14.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other type of liability that may not be excluded or limited by applicable law.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your Order for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill or reputation; or
(f) any indirect or consequential loss.
14.3 Subject to clauses 14.1 and 14.2, our total liability to you in respect of all other losses arising under or in connection with your Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased under that Order.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action (but not by our own staff), 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, or failure of a supplier, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel an Order affected by an Event Outside Our Control if there is a risk that it may cause substantial delay.
16. Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
17. Customer Services
If you have any queries please contact customer services by telephone on 0203 870 1310 from Monday to Friday 10am to 5pm or by email at email@example.com. We will make every effort to reply to you within 24 hours (Mon-Fri).
Terms and Conditions Richard Baker 2018-02-01T08:27:44+00:00