WEBSITE TERMS AND CONDITIONS
WELCOME TO THE Smilegems WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.smilegems.com. BY ACCESSING THIS WEBSITE
AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF
WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT
ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.smilegems.com website is
operated by Smilegems Limited, a company registered in England and Wales. Our company registration number is
Our VAT registration number is 754330150
We are a member of the
following trade associations/professional bodies: Gift Association
Our contact details are as follows:
General email: firstname.lastname@example.org
Telephone/Fax: +44 (0)1604 770034
1.1 You will be able to access most areas of
this Website without registering your details with us. Certain areas of this
Website are only open to you if you register.
1.2 We may revise these
terms and conditions at any time by updating this posting. You should check this
Website from time to time to review the then current terms and conditions,
because they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not wish to accept any
new terms and conditions after we have given notice, you should not continue to
use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online
checkout process. As part of our checkout process you will be given the
opportunity to check your order and to correct any errors. We will send you an
order acknowledgement, detailing the products you have ordered.
acceptance of an order takes place when we despatch the order. We will send you
a despatch confirmation by email. When we despatch the order the purchase
contract will be made even if your payment has been processed immediately,
unless we have notified you that we do not accept your order or you have
cancelled your order.
2.3 We may refuse to accept an
(a) where goods are not available;
(b) where we cannot
obtain authorisation for your payment;
(c) if there has been a pricing
or product description error; or
(d) if you do not meet any eligibility
criteria set out in our terms and conditions.
3.1 All prices include VAT (where applicable) at the current rates. We
reserve the right to express the price exclusive of VAT, but we shall show VAT
separately and include it in the total price.
3.2 Where we charge
separately for packing, carriage and insurance and other relevant charges, the
appropriate rates are set out in our specified pricing structure shown elsewhere
on this Website.
3.3 Our prices are reviewed periodically and the next
review will be on 01/08/2006.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by
email to email@example.com before we
have dispatched the goods to you; or
(b) where goods have already been
dispatched to you, by returning goods to us in accordance with clause 4.2
4.2 You can return goods you have ordered from us for any reason
at any time within 7 days of receipt for a full refund or exchange. The costs of
returning goods to us shall be borne by you.
4.3 Upon receipt of the
goods we will give you a full refund of the amount paid or an exchange credit as
4.4 The rights to return the goods to us as referred to in
clause 4.3 will not apply in the following circumstances: -
event that the product has been used
products that we have made or customised specifically for you
products that by their nature have a limited lifespan, such as flowers and fresh
The provisions of this clause 4.4 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website
for your own use on the following basis:
(a) no documents or related
graphics on this Website are modified in any way;
(b) no graphics on
this Website are used separately from accompanying text; and
(c) any of
our copyright and trade mark notices and this permission notice appear in all
5.2 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any use of extracts from this
Website other than in accordance with clause 5.1 above for any purpose is
prohibited. If you breach any of the terms in these terms and conditions, your
permission to use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or
stored in any other website or included in any public or private electronic
retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this
Website is normally available 24 hours a day, we will not be liable if for any
reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons
beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered
to this Website will be considered non-confidential and non-proprietary. We will
have no obligations with respect to such material. We and our nominees will be
free to copy, disclose, distribute, incorporate and otherwise use such material
and all data, images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
7.2 You are prohibited
from posting or transmitting to or from this Website any
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of
confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software or harmful
7.3 You may not misuse the Website (including, without
limitation, by hacking).
7.4 We will fully co-operate with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or locate anyone posting any material in breach of clauses
7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely
for your convenience. If you use these links, you leave this Website. We have
not reviewed all of these third party websites and do not control and are not
responsible for these websites or their content or availability. We therefore do
not endorse or make any representations about them, or any material found there,
or any results that may be obtained from using them. If you decide to access any
of the third party websites linked to this Website, you do so entirely at your
8.2 You may not create any links to this
8.3 You shall fully indemnify us for any loss or damage we or
any of our group companies may suffer or incur as a result of your breach of
9.1 To register with www.smilegems.com you must be over eighteen
years of age.
9.2 Each registration is for a single user only. We do not
permit you to share your user name and password with any other person nor with
multiple users on a network.
9.3 Responsibility for the security of any
passwords issued rests with you and if you know or suspect that someone else
knows your password, you should contact us immediately.
9.4 We may
suspend or cancel your registration immediately at our reasonable discretion or
if you breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the material on
this Website. We may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice. The material on
this Website may be out of date, and we make no commitment to update such
10.2 The material on this Website is provided “as is” without
any conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this Website on the basis
that we exclude all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which but
for these terms and conditions might have effect in relation to this
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for any amount or kind of loss
or damage that may result to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money, or loss or damages
arising from or connected in any way to business interruption, and whether in
tort (including without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked to this
Website or the material on such websites, including but not limited to loss or
damage due to viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing this Website or
your downloading of any material from this Website or any websites linked to
11.2 Nothing in these terms and conditions shall
exclude or limit our liability for (i) death or personal injury caused by
negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii)
fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability
which cannot be excluded or limited under applicable law.
11.3 If your
use of material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against all claims,
liability, damages, losses, costs (including reasonable legal fees) arising out
of any breach of the terms and conditions by you, or your use of this Website,
or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these terms and
conditions shall be subject to the exclusive jurisdiction of the English
12.2 We do not warrant that materials/items for sale on the
Website are appropriate or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where its contents are illegal
or unlawful. If you access this Website from locations outside the United
Kingdom, you do so at your own risk and you are responsible for compliance with
13.1 You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions
13.2 If any provision of these
terms and conditions is found by any court of competent jurisdiction to be
invalid, the invalidity of that provision will not affect the validity of the
remaining provisions which shall continue to have full force and
13.3 Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act 1999.