Ernest Jones Goods and Services Terms and Conditions (In-store)

1. These terms

What these terms cover

1.1 These are the terms and conditions on which we supply products to you, whether these are goods or services, throughout our stores in the UK, Republic of Ireland and the Channel Islands.

Why you should read them

1.2 Please read these terms carefully before you place an order with 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.

2. Information about us and how to contact us

Who we are

2.1 We are Signet Trading Limited, a company registered in England and Wales under registration number 03768979. Our registered office is at Hunters Road, Hockley, Birmingham B19 1DS. Our registered VAT number is 233 000 924. Ernest Jones, Ernest Jones the Outlet Collection and Leslie Davis are trading names of Signet Trading Limited.

Our Product Sourcing Policy

2.2 We understand and share the concerns of our customers that the products and services we sell should be responsibly sourced. Where and how our products are produced is something we take extremely seriously and keep under constant review.

2.3 We are a founding member of the Responsible Jewellery Council have clear standards in relation to social, ethical and environmental business practices.

2.4 You can find further details regarding our Product Sourcing Policy online, where you will also be able to get more specific product information.

How to contact us

2.5 You can contact us by:

  • 2.5.1 speaking to any of our in-store members of staff; or

  • 2.5.2 telephoning our customer service team at 0800 458 1066 (calls are charged at local rate and may be recorded) or by writing to us:

  • by email: customer.services@ernestjones.co.uk

  • by post: Customer Service Department, Ernest Jones, Hunters Road, Hockley, Birmingham B19 1DS

How we may contact you

2.6 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.

Writing includes emails

2.7 When we use the words writing or written in these terms, this includes emails.

3. Our contract with you

How we will accept your order

3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with a product (whether goods or services) at which point a contract will come into existence between you and us, governed by these terms and conditions.

If we cannot accept your order

3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

Where we sell our products

3.3 Our catalogue, e-catalogue and brochure are solely for the promotion of our products throughout our stores in the UK, Republic of Ireland and Channel Islands and we do not accept orders from or deliver to addresses outside of these areas (unless stated otherwise therein).

4. Our products

Products may vary slightly from their pictures

4.1 The images of products in our catalogues, e-catalogues, brochures or on our websites 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 or the printed pictures in our catalogue or brochure accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible, particularly for our handmade products, all sizes, weights, capacities, dimensions and measurements indicated in our catalogue, e-catalogue, brochure or on our website may vary slightly.

Product packaging may vary

4.3 The packaging of the product may vary from that shown on images on our website or in our catalogue, e-catalogue or brochure.

Personalised Jewellery

4.4 "Personalised Jewellery" means any items of jewellery that is created by us in accordance with your specifications (this includes, but is not limited to, items with customised design, metals, stones or engravings). When you purchase any Personalised Jewellery, we will create a specific piece of jewellery designed in accordance with your requirements and you are responsible for ensuring all information provided to us is correct. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct.

Services

4.5 We offer various services including jewellery repairs and restoration, watch servicing and repairs, watch battery and resealing, engraving and valuations, more information in respect of which is available in store and on request.

5. Your right to make changes

If you wish to make a change to the product you have ordered, please contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.

  • 6.1.1 to reflect changes in relevant laws and regulatory requirements; and

  • 6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.

6. Our right to make changes

6.1 We may change the product:

6.2 In addition, we may make other changes to the products or changes to these terms after you have placed an order, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

7. Providing the products

When we will provide the products

7.1 If the products are goods, during the order process we will let you know when we will provide the products to you and may provide you with an estimated delivery date (based on the type of product) if you have ordered the products to be delivered to you or delivered in-store.

7.2 If the products are one-off services, we will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process. We may provide you with an estimated delivery date (based on the type of product) if you have ordered the products to be delivered to you or delivered in-store.

Delivery costs

7.3 The cost of delivery (if applicable) will be as told to you during the order process.

We are not responsible for delays outside our control

7.4 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Collection by you

7.5 If you have asked to collect the products from our premises, you can collect them from us at any time during our store opening hours (opening hours vary between stores, for further details please see our online store locator).

If you do not rearrange delivery

7.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7 If you do not collect a Personalised Jewellery item, custom design product, repair item or item made or ordered specifically to your requirements ( "Special Product") as arranged, or if, after a failed delivery to you, you do not rearrange delivery or collect the Special Product from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If you do not rearrange delivery or collection within 12 months (from the date of failed delivery or collection as arranged) or following three failed attempts by us to contact you, we may end the contract and will be entitled to dispose of or resell the Special Product without providing any refund or payment to you.

When you become responsible for the product

7.8 The product will be your responsibility from the time we deliver the product to the address you gave to us, or you (or someone authorised on your behalf) collects it from us.

When you own goods

7.9 You own a product which is goods once we have received payment in full.

8. Cancellation

8.1 If the products are goods, you may contact us to cancel your order at any time before we have despatched it for delivery to you or in-store.

8.2 Please note that clause 8.1 does not apply to orders for Personalised Jewellery (please see our dedicated personalised jewellery order section at clause 4.4).

  • 9.1.1 the product is returned to any of our stores in its original, unopened and undamaged packaging; and

  • 9.1.2 valid proof of purchase is provided (receipt or invoice)..

9. Returns policy

9.1 If the products are goods, you may receive a full refund or exchange of any product within 30 days of purchase (excluding Personalised Jewellery, custom designs, items made or ordered specifically to your requirements and gift cards), so long as:

9.2 The 30-day period referred to in clause 9.1 may sometimes vary - check with the store or online customer service information as you may have longer i.e. over the festive season.

  • 10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

  • 10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

  • 10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10. Our right to end the contract

We may end the contract if you
it

10.1 We may end the contract for a product at any time by writing to you if:

You must compensate us if you
the contract

10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your
ing the contract.

  • by email: customer.services@ernestjones.co.uk

  • by post: Customer Service Department, Ernest Jones, Hunters Road, Hockley, Birmingham B19 1DS

  • Alternatively, please speak to one of our staff in-store.

  • 11.3.1 up to 30 days: if your goods are faulty, then you can get an immediate refund;

  • 11.3.2 up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases; and

  • 11.3.3 up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back;

  • 11.4.1 you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;

  • 11.4.2 if you haven't agreed a price beforehand, what you're asked to pay must be reasonable; and

  • 11.4.3 if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

11. If there is a problem with the product

How to tell us about problems

11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 458 1066 (calls are charged at local rate and may be recorded) or write to us:

Summary of your legal rights

11.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.3 If your product is goods, they must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

11.4 If your product is services, for example a repair or engraving service:

Your obligation to return rejected products

11.5 If you wish to exercise your legal rights mentioned in clauses 11.2-11.4 to reject products, you must either return them in person to where you bought them, post them back to us or (only if either method is unsuitable) allow us to collect them from you. We will pay reasonable costs of postage or collection, provided prior approval of the costs is obtained from us and proof of purchase of postage/collection is provided. Please call customer services on 0800 458 1066 (calls are charged at local rate and may be recorded) or email us at customer.services@ernestjones.co.uk for a return label or to arrange collection.

Guarantee/warranty

11.6 Please ask in store for further details of our Lifetime Diamond Guarantee (which applies to certain diamond jewellery purchased from us), Service Guarantee and other guarantees we offer (terms and conditions apply).

11.7 If you wish to protect your product against accidental damage and theft, please ask in-store for further details about our various warranty products on offer.

12. Price and payment

Where to find the price for the product

12.1 The price of the product (which includes VAT) will be the price (subject to any specified expiry dates) set out in our price list, brochure, catalogue or e-catalogue in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.

What happens if we got the price wrong

12.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If a pricing error is made during the ordering process, where possible we will inform you and give you the option of buying the goods at the correct price or cancelling your purchase.

12.3 If we accept and process your purchase where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

How you must pay

12.4 Our stores accept payment by cash, cheque and credit and debit payments on the following cards, if issued in the UK: Maestro, MasterCard, Visa, Visa Debit, Visa Electron, Solo, American Express and One4all gift cards.

12.5 Our stores also accept valid vouchers, gift cards and Edge cards, subject to terms and conditions stated therein. Unfortunately Edge cards cannot be accepted in Channel Island or Isle of Man stores.

12.6 An Interest Free Credit arrangement may be available to purchase your item (ask in-store for further details). Further terms and conditions apply.

12.7 When you must pay depends on the type of goods or services you are purchasing and you must pay for the products in accordance with the times specified by us during the order process.

13. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us

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
ing this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

13.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

We are not liable for business losses

13.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 14.1.1 to supply the products to you;

  • 14.1.2 to process your payment for the products; and

  • 14.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

14. How we may use your personal information

How we will use your personal information

14.1 We will use the personal information you provide to us:

Passing your personal information to third parties

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

15. Other important terms

We may transfer this agreement to someone else

15.1 We may transfer our rights and obligations under these terms to another organisation. We will try to ensure that the transfer will not substantially affect your rights under the contract.

You need our consent to transfer your rights to someone else

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under this contract

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force

15.4 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.

Even if we delay in enforcing this contract, we can still enforce it later

15.5 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
ing 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings

15.6 These terms are governed by English law and the non-exclusive jurisdiction of the country in which the store you purchase products from us is located (in the event of any conflict between the provision of these terms and the laws of that country, the latter shall prevail to the extent necessary to resolve such conflict). For example, if you purchase a product from one our stores in England, you can bring legal proceedings in respect of the product in the English courts. If you purchase a product from one our stores in Scotland, you can bring legal proceedings in respect of the product in either the Scottish or the English courts.

Alternative dispute resolution

15.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at http://www.theretailombudsman.org.uk. Please note that Signet Trading Limited is under no obligation to resolve complaints via alternative dispute resolution.