Terms and Conditions

These terms and conditions "Terms and Conditions" apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms and Conditions carefully before accessing or using our website “Website”, as we can accept your order “Order” and make a legally enforceable agreement “Contract” without further reference to you.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. 

A breach or violation of any of the terms will result in an immediate termination of your Contract. 

Overview

  1. These Terms and Conditions will apply to the purchase of any product(s) “Product(s)” or service(s) “Service(s)” by you; (a) “the Customer or you”. We are Neotex UK Ltd trading as Charmé, 15 Tunsgate, Guildford, Surrey, GU1 3QT UK with email address charme@neotex.co.uk; telephone number +441483536489; (b) “the Supplier or us or we”. Each of (a) and (b) a “Party” and collectively the “Parties”.
  2. By ordering any of the Product(s) or Service(s), you agree to be bound by these Terms and Conditions with the Contract. You can purchase the Product(s) from the Website only if you are eligible to enter into a contract and you are the age of majority.

Definitions

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Product(s) or Service(s);
  3. Delivery Location means the Supplier's premises or other location where the Product(s) are to be supplied, as set out in the Order;
  4. Commercial Unit is an assortment if the division of it would materially impair the value of the products or the character of the assortment (i.e. a pair of earrings);
  5. Durable Medium implies paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the data in a way accessible for future reference for a period that is long enough for the information, and allows the unchanged reproduction of the data stored;
  6. Product(s) means the products advertised on the Website that we supply to you of the number and description as set out in the Order;
  7. Order means the Customer's purchase of Product(s) or Service(s) from the Supplier as submitted following the step by step process set out on the Website;
  8. Wrong Handling means handling the Product(s) beyond what is necessary to the nature, characteristics and functioning of the Product(s);
  9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  10. Website means our website www.charmejewellery.co.uk on which the Product(s) are advertised.

Products

  1. The description of the Product(s) is as set out on the Website, catalogues, brochures or other forms of advertisement. Any explanation is for illustrative purposes only, and there may be small discrepancies in the size and colour of the Product(s) supplied. Please note that some products may appear slightly larger or smaller than the actual size due to default screen settings and photography techniques.
  2. In the case of any Product(s) made to your unique requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Products, which appear on the Website, are subject to availability.
  4. We can make changes to the Product(s) that are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and registration

  1. If this is your first purchase on our Website, as an option you will be able to register with your email address and create an account, and you will also be prompted to create a password. You must keep this password confidential and must not disclose it on to third parties. You are then asked to enter your address. The address with which you enter must be the address to which the bank statement is sent, but you can use a different shipping address if you wish. If you are already registered with us, you can enter your login information to access your account.
  2. You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you. By accepting these the Terms and Conditions, you agree to receive notices from us by e-mail.
  3. We retain and use all information strictly under our
          Privacy and Cookies Policy.

    Basis of sale

    1. The description of the Product(s) on our website does not constitute a contractual offer to sell the Product(s). When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
    2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to verify that you have used the ordering process correctly.
    3. A Contract will be formed for the sale of Product(s) ordered, only when you receive an email from us confirming the Order “Order Confirmation”. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract. You will receive the Order Confirmation within a reasonable time after making the Contract.
    4. No variation of the Contract, whether about the description of the Product(s), fees or otherwise, can be made after it has been entered into unless the Customer and the Supplier agree on the modification in writing.
    5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.

    Price and payment

    1. When you place your Order, you offer to purchase the Product(s) at an amount indicated in your Order. All prices are inclusive of VAT in the UK.
    2. The price of the Product(s) and any additional delivery or other charges is that set out on the Website at the date of the Order or such different price as we may agree in writing.
    3. It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order, we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do want to continue, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.
    4. All payments must be made at the time of Order. All Orders must be paid for by credit or debit card. We accept credit or debit card payments via Visa, MasterCard, American Express, Maestro and Paypal. If for any reason we are unable to confirm or fulfil your Order, we will refund you the money you paid to the Order. We will ship the Product(s) only after we have received the full payment.
    5. All credit or debit cardholders or account holders may be subject to authorisation and authentication for payment by card. If the issuer of your payment card or our service provider refuses payment or does not authorise or validate for any reason, we will not be liable under these circumstances for delays or non-delivery of the Product(s) you have ordered as a consequence.
    6. To ensure a safe purchase, we are Verisign certified. We also use standard Internet encryption technology to provide you with the highest level of security possible.
    7. We do not store any of your payment information on the Website. You will be securely forwarded to our payment processor for authorisation by your bank or payment processor.

    Delivery

    1. We will deliver the Product(s), to the Delivery Location by the time or within the agreed period or, not more than 30 days after the entered Contract.
    2. In any case, regardless of events beyond our control, if we do not deliver the Product(s) on time, you can cancel the Contract if we have refused to provide the Product(s), or if we have failed to deliver on time.
    3. If you cancel the Contract, we will (in addition to other remedies) promptly return all payments made under the Contract.
    4. If you were entitled to cancel the Contract, but do not do so, you are not prevented from cancelling the Order for any Product(s) or rejecting Product(s) that have been delivered. We will, without delay, return all payments made under the Contract for any such cancelled or rejected Product(s). If the Product(s) have been delivered, you must return them to us or allow us to collect them from you and then we will pay the costs of this.
    5. If any Product(s) form a Commercial Unit, you cannot cancel or reject the Order for some of those Product(s) without also cancelling or rejecting the Order for the rest of the Commercial Unit.
    6. We do not deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands.
    7. You agree we may provide the Product(s) in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and you are not liable for extra charges.
    8. If you or your nominee fails, through no fault of ours, to take delivery of the Product(s) at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
    9. Ownership of the Product(s) will pass to you on delivery, provided that we have received payment in full.
    10. You must, if reasonably practicable, examine the Product(s) before accepting them. If you find a defect or damage, please contact us with your order reference number as soon as possible.
    11. If any of the Product(s) are damaged or defective (through no fault of your own or use) prior to delivery to you, we will repair or replace the Product(s) or refund the price paid by you, including all shipping costs paid by you, provided that you have not worn, used or damaged the Product(s).
    12. Risk of damage to, or loss of, any Product(s) will pass to you when the Product(s) are delivered to you.

    Withdrawal and cancellation

    1. If you wish to change your mind, you can cancel this contract within 14 days without giving any reason, and without liability except for any Product(s), which are made to your unique requirements or are distinctly personalised.
    2. In the case of cancellation, you must return the Product(s) in undamaged condition to any of our addresses.
    3. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, obtains physical possession of the Product(s).
    4. To exercise the right to cancel, you must inform us of your decision to cancel this Contract preferably by entering Return Section on the Website or with a clear statement setting out your decision in a Durable Medium (e.g. a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made. We will communicate to you an acknowledgement of receipt of such a cancellation, in a Durable Medium without delay.
    5. It is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    6. If you have cancelled the Product(s), which you received in connection with the Contract, you must send back the Product(s) or hand them over to us at 15 Tunsgate, Guildford UK, Surrey, GU1 3QT not later than 14 days from the day on which you communicate to us your cancellation of this Contract. You agree that you will have to bear the cost of returning the Product(s).
    7. To return the Product(s), you should package the parcel securely using the original packaging (making sure you include a note of your name and address inside the packet) and then return it to us.
    8. If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.
    9. We may make a deduction from the reimbursement for loss in value of any Product(s) supplied, if the loss is the result of a Wrong Handling by you. If we neglect the deduction, we may require you pay us the amount of loss you are liable later.
    10. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Product(s) supplied, or (if earlier) 14 days after the day you provide evidence that you have sent back the Product(s).
    11. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

    Conformity and guarantee

    1. We have a legal duty to supply the Product(s) in satisfactory quality and compliance with the Contract and their description on the Website.
    2. All Products are warranted for two years from the date of purchase (subject to normal wear and tear). During these two years, Charmé will repair any problem with a product, free of charge after receiving a valid proof of purchase. This guarantee will take effect at the time the Product(s) are delivered, and will not reduce your legal rights.

    Successors and our sub-contractors

    1. Either Party can transfer the benefit of this Contract to someone else and will remain liable to the other Party for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors whom it chooses to help perform its duties.

    Circumstances beyond the control of either Party

    1. In the event of any failure by a Party because of something beyond its reasonable control, the Party will advise the other Party as soon as reasonably practicable. In this case, the Party's obligations will be suspended so far as is reasonable, provided that that Party will act rationally, and the Party will not be liable for any failure which it could not reasonably avoid. However, this will not affect the Customers' above rights relating to the delivery and any right to cancel.

    Privacy

    1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation concerning your personal information.
    2. These Terms and Conditions should be read alongside, our    

              Privacy and Cookies Policy.

      Excluding liability

      1. The Supplier does not exclude liability for any fraudulent act; or for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
      2. As we sell products for only private use, we shall not be liable for any third party claims, commercial, financial, economic or lost profits or for consequential damages or indirect losses (such as loss of reputation or loss of opportunity), whether due to foreseeable or unforeseeable consequences of use of the Website, regardless of whether such a loss was caused by our negligence or otherwise.

      User comments and feedback

      1. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
      2. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments, or (c) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
      3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material.
      4. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise, mislead third parties or us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. 

      Governing law, jurisdiction and complaints

      1. The Law of England and Wales govern this Contract (including any non-contractual matters).
      2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
      3. If any provision of this Terms and Conditions is found by any court or authority to be invalid, unlawful or unenforceable, that provision or clause shall be removed from the Terms and Conditions and the validity and enforceability of the remaining Terms and Conditions shall not be affected thereby.

      Miscellaneous

      1. The entire content of the Website, including all jewellery design, copyright, trademark and other intellectual property rights including the name "Charmé", is the sole property of Neotex UK Ltd and its licensors. You may not publish, manipulate, sell, resell, exploit, distribute or otherwise reproduce the content or copies of the content provided to you or appearing on the Website in any format, nor may you use the material in connection with any commercial or business company. You may only save, print and display the delivered content for your personal use.
      2. We do not warrant that the Website is uninterrupted, timely, secure, error-free or compatible with any hardware or software that you may use. We accept no liability for viruses, and it is recommended to take all precautions before downloading information or images from the Website.
      3. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Service(s) at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Service(s) delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind.  
      4. You may not use our Product(s) for any illegal or unauthorized purpose nor may you, in the use of the Service(s), violate any laws (including but not limited to copyright laws).
      5. You will be prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses. 
      6. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting Party.
      7. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

      MESSAGING TERMS & CONDITIONS

      You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Charmé (hereinafter, "we," "us," "our", "our store," "Text Funnels"), including text messages that may be sent using an automatic telephone dialling system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

      Message frequency will vary. Our store reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the shortcode or phone number from which messages are sent.

      Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Our store, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

      Cancellation

      Text the keyword STOP to any mobile message from us in order to opt-out of the program. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that our store and its service providers will have no liability for failing to honour such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from our store through any other programs you have joined until you separately unsubscribe from those programs


      Changes to Messaging Terms

      We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrolment following such changes shall constitute your acceptance of such changes.

      Charmé Jewellery

      Address: 15 Tunsgate, Guildford, Surrey, GU1 3QT

      Email address: contact@charmejewellery.co.uk

      Telephone number: +441483536489