Terms and conditions
Welcome to the Samara James Terms and Conditions which apply to both the use of this website and/or when placing an order.
Use of this website indicates that you agree to be bound by these Terms and Conditions regardless of whether or not you choose to register or order from us. If you do not accept these terms please do not use this website.
The www.samarajames.com website is operated by: Samara James Retail Limited, a company registered in England and Wales. Our registered office is at Samara James, Shepperton Marina, Felix Lane, Shepperton, Middlesex, TW17 8NS. Our company registration number is 5891300.
Our VAT registration number is 892391001
We are a member of the following trade associations/professional bodies: National Association of Jewellers, Assay Assured and The Retail Ombudsman.
As a responsible retailer and to provide our customers with added peace of mind in relation to our commitment to customer service, we are a member of The Retail Ombudsman. The Retail Ombudsman is authorised by the Government to provide Alternative Dispute Resolution services. The service is free for consumers to use and as a member we follow a strict Code of Conduct which means we are bound by their decisions.
For more information please refer to clause 14 of our Terms and Conditions or visit www.theretailombudsman.org.uk. Alternatively you can ask for an information leaflet from our team.
Our Contact Details are as Follows:
Telephone number01932 260100
1.1You will be able to access most of this website without registering your details with us but please bear in mind that certain areas are only open to you if you register.
1.2We may revise these Terms and Conditions at any time by updating this posting meaning you need to check from time to time as any changes are binding. Certain provisions contained in our Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.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.
1.3If you have any concerns about any of the material on our website please contact us by email at email@example.com.
02. ORDERING FROM US
2.1You are deemed to have placed an order with us once you have used our online checkout process or you have placed an order over the phone or at our showroom. As part of our checkout process you will be given the opportunity to recheck your order and to correct any errors. On receipt of your instruction we will send an acknowledgement detailing the item(s) you have requested.
2.2Acceptance of an order is deemed to have taken place when we send a confirmation email. At this stage the purchase contract will come into effect and you will be charged unless we have notified you previously that we are unable to accept your order or have received a timely cancellation.
2.3Any order may be refused at our discretion. Circumstances likely to result in a refusal are:
- a) where we cannot obtain authorisation for your payment
- b) if there has been a pricing or product description error
- c) if you do not meet any eligibility criteria set out in our terms and conditions
- d) where goods, services or information ordered by you are not available
- e) if we do not deliver to your area
2.4In the event that we do not accept your order but have processed your payment we will re-credit your account as soon as possible. This will be no longer than 30 days from receipt of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
2.5We will do our absolute best to achieve a requested target delivery date, but we are not liable to pay compensation should we fail to meet a target date.
3.1All 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.
3.2Interest Free Credit is available on items over £500 ordered via our website. Acceptance for Finance is subject to status.
4.1We will deliver goods as soon as possible to the address you gave us for delivery.
4.2If the items we deliver are not what you ordered, are damaged or defective, or the quantity is incorrect, we shall not be liable unless you notify us, in writing, at our contact address within 10 working days of delivery.
4.3If you do not receive your items within 21 days of your scheduled delivery date we shall not be liable unless you notify us, in writing, at our contact address within 10 days following the 21 days.
4.4If you notify a problem to us under these conditions you have the right to request one of the following options:
- a) that we make good any shortage or non-delivery
- b) that we replace or repair any damaged or defective goods
- c) that we arrange a refund
05. PRODUCT LIABILITY
5.1Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 4.3(c) above.
5.2You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.3Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
06. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY - FOR CONSUMERS ONLY
6.1This section applies to consumers only (not businesses or other organisations) who place an order with us.
6.2If you wish to cancel your order prior to dispatch please notify us by email to firstname.lastname@example.org. Where goods have already been dispatched you must return them to us in accordance with clause 4.2 above.
6.3You can return goods you have ordered from us for any reason, except where the item is excluded as in clause 6.3.1, below. The return must be made within 60 days of receipt for a full refund or exchange, provided that you return the item in an unworn, as new, condition, in its original packaging and with all documentation.
6.3.1Items not covered by our money back guarantee include rings with engraving and bespoke designs that we have created, or customised, to your specification. For bespoke designs we can arrange on request for you to see a computer model when the item is being finalised. This ensures you can be sure of the detailing before we cast your piece of jewellery.
6.4Upon receipt of the returned goods we will give you a full refund or an exchange credit as required.
6.5The rights to return the goods to us as referred to in clause 6.3 will not apply if the product has been used or has been made or customised specifically for you. The provisions of this clause do not affect your statutory rights.
7.1You are permitted to print and download extracts from this website for private use only on the following basis:
- a) no documents or related graphics on this website can be modified in any way
- b) no graphics on this website to be used separately from accompanying text
- c) copyright and trade mark notices and this company name appear in all copies
7.2Unless otherwise stated, the copyright and other intellectual property rights for 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 such material other than in accordance with this clause is prohibited. Should you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must destroy any such material immediately.
7.3No part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.
7.4Any rights not expressly granted in these terms and conditions are reserved.
08. SERVICE ACCESS
8.1While we endeavour to ensure that this website is normally available 24 hours a day we will not be liable if it is unavailable for any period of time or for any other reason.
8.2Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond our control.
09. VISITOR MATERIAL AND CONDUCT
9.2You are prohibited from posting or transmitting to or from this website any material:
- 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 licenses and/or approvals
- 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
- d) that is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data
9.3You may not misuse the website, including, without limitation:
- a) hacking
- b) impersonating any person or entity
- c) falsely misrepresenting your affiliation with a person or entity
- d) stalking or harassing
- e) collecting or storing personal data about other users
9.4We will co-operate fully with any law enforcement authorities, or court order, requesting, or directing us to, disclose the identity or location of anyone posting any material in breach of these terms and conditions.
9.5It is your responsibility to determine that any input to our site, including use of any chat room areas and including your choice of your user name, conforms to the above conditions.
9.6If you notice any content that breaches these conditions please notify us by email to email@example.com.
10. LINKS TO AND FROM OTHER WEBSITES
10.1Links to third party websites are provided solely for your convenience. By using these links you will be leaving the Samara James website. We cannot accept any responsibility for the content or availability of third party websites. We therefore do not endorse or make any representations about the sites themselves, any material found there, or any adverse results 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 own risk.
10.2If you would like to link to our website you may only do so on the basis that you link to, but do not replicate, the home page. Such links are subject to the following conditions:
- a) you must not remove, distort or otherwise alter the size or appearance of the Samara James logo
- b) you must not create a frame, or any other browser, or border environment, around this website
- c) you must not in any way imply that Samara James are endorsing any products or services other than our own
- d) you must not misrepresent your relationship with us, nor present any other false information about us
- e) you must not otherwise use any Samara James trade marks displayed on this website without our express written permission
- f) you must not link to us from a website that is not owned by you
- g) you must ensure that your website does not contain content that is: distasteful; offensive; controversial; infringes any intellectual property rights, or other rights, of any other person; or otherwise does not comply with all applicable laws and regulations
11.1To register with www.samarajames.com you must be at least eighteen years of age.
11.2Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3Responsibility for the security of any passwords rests with you and if you know, or suspect, that someone else knows your password you should contact us immediately.
11.4We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.1While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material therein. 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 material.
12.2The 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 Website.
12.3Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event, or series of related events, is limited to the total amount of money which you have paid to us in the 12 months before the event(s) complained of.
12.4Under no circumstance (including our own negligence) will we be liable for any:
- a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
- b) loss of goodwill or reputation
- c) special, indirect or consequential losses
- d) damage to, or loss of, data (even if we have been advised of the possibility of such losses)
12.5Nothing in these terms and conditions shall exclude or limit our liability for:
- e) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
- f) fraud
- g) misrepresentation as to a fundamental matter
- h) any liability which cannot be excluded or limited under applicable law
12.6You agree, on behalf of yourself and your business entity or organisation, jointly and severally 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 our services, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1These 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 courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
13.2We do not warrant that materials, services or information 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 local laws.
14. THE RETAIL OMBUDSMAN
14.1If we are unable to resolve a compliant that you make to us within eight weeks you can take your complaint to The Retail Ombudsman. This is an independent organisation which specialises in providing Alternative Dispute Resolution services for consumers and retailers. As members of the organisation, we are bound by their code of practise. They can be contacted via;
Website : www.theretailombudsman.org.uk
Email: enquires@ theretailombudsman.org.uk
Telephone : 0203 540 8063
15.1No person, other than the parties to these terms and conditions, are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
15.2 You may not assign, sub-license, or otherwise transfer any of your rights under these terms and conditions.
15.3If 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 effect.