Terms & Conditions - Retail (B2C)



The Terms and Conditions (T&Cs) that apply to your use of this website are set out below. We recommend that you read these as by browsing, accessing, using or registering you confirm that you have read, understood and agree to these T&Cs in their entirety. Should you not agree to these T&Cs then please do not use this website.

IMPORTANT STUFF

Privacy Policy

These website terms supplement and are in addition to the terms of our Privacy Policy. Our Privacy Policy can be read online and explains what personal information we collect about you when you use the Website. Please note that when you agree to these Website terms you shall be deemed to have read, understood and agreed to our entire Privacy Policy.

Other applicable terms and conditions

On ordering a product through the Website, our General Terms and Conditions of Sale will also apply. Depending on the product ordered, additional Terms and Conditions of Sale may also apply.


Your use of this Website

You may not excepting with our written prior consent:
 
link to this Website on or from any other website;
modify, reproduce, re-post, copy, use or change any content on the Website;
 
You must only use this Website for lawful purposes.
 
Password/account security

You are solely responsible for maintaining the confidentiality of your password, account details and any activities that occur under your account. Stephen Arnold Ltd. (hereafter SA Ltd) shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
 
Delivery


Delivery timescales and charges vary depending on the type of products ordered, the delivery service you select and the delivery address. For full details of our delivery charges please see our Delivery & Returns section.

Delivery will be sent to the address advised in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to the local depot.

Items returned to our office due to failure of delivery (i.e. – you were not available to receive the package) will only be sent out again after an additional postage fee has been paid.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. Should the package arrive at your address damaged you should refuse to accept the delivery or failing that contact us immediately. Failure to contact us about any damage within 24 hours of the delivery time means that you have accepted the products in the condition that they were received in.

SA Ltd. shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries.
 
Occasionally, the supply of your product(s) may be delayed or prevented for reasons beyond our control. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
 
Product Descriptions
SA Ltd has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been properly described. However, when ordering products or services through the Website, please note that:
 
a). Orders can only be accepted if there are no material errors in the description of the goods/services or their prices as advertised on this Website.
b). The weights, dimensions etc. displayed on the Website are only approximate.
c).Colours shown on the Website are as accurate as possible but may vary from the actual colour of goods delivered to you due the ability of your monitor to display colours.
d). All items are subject to availability. We will inform you as soon as possible should the product(s) or service(s) you have ordered not be available. We may offer you alternative product(s) of equal or higher quality and value,we will also place your order on Back-Order unless you advise us otherwise.
e). Packaging may vary from that shown on the Website.

Terms of Sale

1. By placing an order you are offering to purchase a product on and subject to the Terms of Service. All orders are subject to availability and confirmation of the order price. No other terms and conditions will apply to the agreement between you and SA Ltd unless agreed to in writing signed by a Director of SA Ltd.

2. Dispatch times may vary according to availability and any indication made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

3. Delivery dates are subject to availability. The delivery date begins with the date of the order acknowledgement. SA Ltd shall not be liable for its failure to meet delivery dates. Delivery dates are non-binding indications only and subject to availability. Partial delivery is permitted and may be invoiced.

4. In order to contract with SA Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. SA Ltd retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be SA Ltd or may in some cases be a third party. Where a contract is made with a third party SA Ltd is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Variations

1. Quantities for all packaged items containing more than 20 pieces described on this website may vary by either plus or minus 2%.

2. There may be insignificant deviations from the product specifications in any item delivered.

 
Non Delivery of order


If after you have received notification of dispatch of your order (e-mail or text) you have not received your order after 7 days you must inform us of non delivery of goods.  If after 10 days we have not been informed of non delivery of goods we cannot be held responsible.
 
International


Payment - Purchases will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
 
Purchasers in EU Countries will be charged VAT at either the UK rate (20%) or the rate pertaining in their host country. The VAT rate charged will be determined by SA Ltd and the company’s decision is final.
 
Orders from Non-EU Countries

SA Ltd. products are sold on a duty unpaid basis. Purchasers may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. Please remember that it is your responsibility to properly declare and pay any duty or customs fees require by your country.
 
Complaints
 
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
 
BORING STUFF

Accuracy of content

To the extent permitted by applicable law, SA Ltd. disclaims all representations and warranties, expressed or implied, that content or information displayed on or in this Website is accurate, complete or up-to-date and/or does not infringe the rights of any third party.
Any views expressed on this Website in user generated content are the views of those users and do not represent the views, opinions, beliefs or values of SA Ltd.

Ownership of rights

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to SA Limited.
 
Damage to your computer or other device

SA Ltd. makes every reasonable effort to ensure that it’s Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content thereon or any website accessible from it) will not cause damage to your computer or other device. It is your sole responsibility to ensure that you have the right means (including antivirus, malware and/or security software) to use the Website safely and to screen out anything that may damage or harm your computer /device. Except where required by applicable law, SA Ltd. shall not be liable to any person/company for any loss or damage they may suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Limited Warranty and Liability

1. SA Ltd warrants that products purchased from SA Ltd will be free from defects in materials and workmanship for 6 months from delivery.

2. Insignificant deviations from the product specifications are excluded from this warranty. SA Ltd’s warranty shall not apply to any products which have been in SA Ltd’s opinion subject to normal wear and tear, abuse, modifications, attempted repair, negligence, misuse or accident. Parts subject to wear, such as batteries, bulbs etc., are also excluded from warranty. Unauthorized modification or misuse, non-compliance with instructions or information provided, or any use outside environmental specifications discharges SA Ltd from any liability under this warranty. This warranty applies to third party supplied products only to the extent and insofar as the supplier makes and honours a warranty to SA Ltd. This warranty extends only to you as the first buyer from SA Ltd and such buyer may not transfer the warranty, or make any warranty on behalf of SA Ltd to any subsequent purchasers.

3. You must thoroughly examine all deliveries without delay.

4. Any claim under this warranty must be made in written form sent by registered mail within 14 days after receipt of the defective merchandise, including a detailed description of the defect. If you fail to do this you will be deemed to have examined and approved the products delivered and to waive any claim under this warranty.

5. Your  only remedy for breach of this warranty is that SA Ltd will – at its sole discretion – repair, or replace any products which are acknowledged by SA Ltd to be defective with non-defective goods or SAL will allow a reasonable price reduction. You may return the products only upon SAL’s prior approval and in accordance with our explicit instructions.

6. THE ABOVE WARRANTY IS THE ONLY WARRANTY GIVEN BY SA Ltd REGARDING QUALITY AND FITNESS FOR PURPOSE AND SA Ltd GIVES NO OTHER WARRANTY REGARDING QUALITY AND FITNESS FOR PURPOSE WHETHER EXPRESS OR IMPLIED.

7. THE LIABILITY OF SA Ltd FOR BREACH OF THE ABOVE WARRANTY AND FOR ANY OTHER OF THE TERMS OF SERVICE IS LIMITED TO COMPENSATION FOR DIRECT DAMAGE WITH RESPECT TO THE PRODUCTS THEMSELVES, AND WILL IN NO EVENT EXCEED THE AMOUNT PAID TO SAL FOR THE RELEVANT PRODUCTS. SA Ltd WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, HOWEVER ARISING AND IRRESPECTIVE OF WHETHER SA Ltd HAD KNOWLEDGE OF THE POSSIBILITY THEREOF, EXCEPT IN THE CASE OF FRAUD OR WILFUL NEGLECT OF SAL AND OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

Product liability  

1. SA Ltd crystals (or any other products supplied by SA Ltd) are intended for use in the fields of fashion, jewellery, accessories, and textile and lighting products. Due to their physical properties, SA Ltd crystals are unsuitable for other uses (e.g. gluing on teeth, using crystals on or near mucous membranes and other unsafe uses). You as the first buyer of these products agree to indemnify SA Ltd from any and all third party claims based on product liability or otherwise relating to uses of SA Ltd crystals products purchased by Client, and to waive any similar claims you may have against SA Ltd.

2. Any oral, written or test-based advice that SA Ltd provides regarding techniques for application of Swarovski or other products are recommendations based on SA Ltd’s current knowledge and the information provided by its suppliers. Such advice does not discharge you from carrying out your own tests of techniques you propose to use and their suitability for the intended application. The application, use and processing of these techniques and products are solely your responsibility.

 
Exclusions of liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not foreseeable or reasonably arising out of or in connection with these Website Terms or your use of the Website.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Except to the extent required by applicable law, SA Ltd. shall not be liable to any person/company for any loss or damage which may arise from the use of or reliance on any information or content displayed in or on this Website.

 
Third party rights

Only you and SA Ltd. shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
 
Whole Agreement

These Website Terms (including our Privacy Policy, our Terms and Conditions of Sale and any additional Terms and Conditions of Sale, set out the complete agreement between you and us. These Terms supersede any and all prior conditions, warranties, terms and/or representations to the maximum extent permitted by law.
 
Changes to Website Terms

SA Ltd. reserves the right to change and update these Website Terms and recommends that you visit this page regularly to keep yourself informed of any changes in these Website Terms. Your continued use, access and browsing of this Website means you will be deemed to have agreed to any changes or updates to our Website Terms.
 
Acceptance Of Order

Please note that completion of the online checkout process does not mean that we have accepted  your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you have ordered from us.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

If we cannot supply you with the product or service you ordered, we will not process your order, we will either inform you of this in writing (including e-mail) or by telephone and, if you have already paid for the product(s), refund you in full as soon as is reasonably possible.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with the return instructions that we provide to you and in the same condition that you received them. We will arrange and pay for collection or provide a return postal packet for this use. If you do not do this within 30 days of the date on which we or you cancel your order, we reserve the right to charge you for the product(s) as well as any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

Special Offers and Discounts
 
Spend £65 (inv VAT) and get FREE standard delivery (UK only).
You must add all products to your basket and purchase in one transaction. This offer is available online only and subject to availability. The discount applies at the checkout for the goods value of orders over £65.00 (inc VAT). This offer cannot be used in conjunction with any other offer, discount or consession. Please check our delivery terms and conditions online. Any refunds will take this discount into account. This offer does not apply to delivery charges should they be applied to your purchase.
 
All other discounts and offers.
You must add all products to your basket and purchase in one transaction. The offer is available online only and subject to availability. The discount applies at the checkout for the net goods value only. The offer cannot be used in conjunction with any other offer or discount. Please check our delivery terms and conditions online. Any refunds will take this discount into account. This offer does not apply to delivery charges should they be applied to your purchase.
 
Your right to cancel
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000, (EXCEPTION – Customers purchasing wholesale packages are not covered by the Distance Selling Directive – see our WHOLESALE Terms and Conditions),  to cancel your order within seven working days following your receipt of the goods. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights *.

Should you wish to cancel a product you have ordered from us, please be aware of the following terms that apply:
 
Damaged or incorrectly supplied products:
1). You should check all products you receive against your order.
2). If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by phone or e-mail only) within 24 hours.
3). You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. We will pay for the cost of return.
 
Cancelling products that are neither damaged nor incorrectly supplied
1).  If you want to cancel products that are neither damaged nor incorrectly supplied, then you must inform us of this within seven working days following the date of receipt.
2).  You must take reasonable care of the products that you wish to cancel.
3). You must not use any of the products that you wish to cancel.
4). Where possible products should be returned in their original packaging and in a saleable condition.
 5). We will not be responsible for any loss or damage to them in transit and, therefore, we recommend that you use a recorded delivery service. Should returned products be lost or damaged in transit, we reserve the right to charge you (or not to make a refund) for any such loss or damage.

CUSTOM OR SPECIAL ORDER PRODUCTS

Products sold as CUSTOM or SPECIAL ORDER are not covered by the Consumer Protection (Distance Selling) Regulations 2000 and cannot be cancelled, returned, credited, or exchanged in any circumstance, other than error by SA Ltd.


Indemnity


You agree to indemnify, defend and hold harmless SA Ltd. , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.


Invalidity


If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.

Liability

As a consumer, you have certain rights, including legal rights relating to miss-described or faulty goods*. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable skill and care.

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We will not be liable to you if we are delayed or prevented from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our control.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

* For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre.

 

Third Party Rights

1. Pursuant to s 1(2)(a) of the Contracts (Rights of Third Parties) Act 1999 the parties intend that no term of this agreement may be enforced by any person who is not a party to this agreement .

 

Governing Law and Jurisdiction

1. The Terms of Service are governed by and must be interpreted in accordance with the laws of England and any dispute or claim associated with the Terms of Service shall be subject to the exclusive jurisdiction of the English courts.

Waiver

1. If you breach the Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of SA Ltd.



E & O E