Terms and Conditions

1. In these conditions "the Company" means McWhirter The Jeweller Ltd..

2. 'The Customer' means the person who accepts a quotation from the company for the sale of goods or services or whose order for goods or services is accepted by the Company.

General Summary

1. Minimum order value for goods supplied by post is £20.00 inc. VAT.

2. Payment for goods to be in cash or by cheque with a valid banker's card. We accept most major credit cards and debit cards.

3. All postal sales must be paid for before dispatch of goods, unless a 30 day credit account is agreed.

Payment

1. All prices quoted and invoiced by the Company are strictly nett.

2. Unless otherwise agreed in writing, payment for all goods sold or services performed by the Company shall be due within 30 days after dispatch of the goods by the Company or performance of the services.

3. If any sum remains unpaid after the end of the month following that in which the goods or services to which it relates were dispatched or performed the customer shall pay a surcharge of £10.00 or 2.5% (whichever is the greater) of current selling price of the unpaid sum for each month or part of a month during which it remains unpaid as aforesaid. Such surcharge shall be due for payment immediately on receipt of invoice by the customer and shall itself be liable to surcharge as above failing payment before the end of the month in which it is invoiced. The customer shall pay all legal and other costs incurred by the Company in recovering overdue sums from the customer. Such costs shall be due for payment immediately on invoice.

4. Without prejudice to such other rights and remedies as it shall have the Company reserves the right, in the event of non-payment for goods sold or agreed to be sold by the Company to sue for the price thereof. The Company will make a search with a credit agency, which will keep a record of that search and will share the information with other businesses. The Company may also make enquiries about the principal directors of limited companies with a credit reference agency.

Delivery

1. The Company will use its best endeavours to comply with any delivery date or period agreed with the customer, but shall be under no liability for any delay in delivery caused or contributed to by any fire, accident, breakdown, industrial dispute, difficulty in obtaining materials, war, force majeure or any other occurrence or circumstances whatsoever beyond the control of the Company.

2. Any quoted or agreed delivery shall run from the date on which the customer's order is accepted by the Company.

3. If as the result of any occurrence mentioned in (a) above the Company shall be hindered or prevented from delivering all or any part of an order it may by written notice to the customer cancel the order or the undelivered balance thereof without any liability to the customer in respect of such cancellation.

4. Any delay in delivery of goods which is excusable under this Condition shall be excused notwithstanding that goods of the same description may be available from another source for purchase by the Company for supply to the customer.

Returns

1. Goods purchased with a value of £1000 and under are eligible to be exchanged free of charge.

2. All Bespoke manufactured items are not valid for a refund.

3. Certified Diamonds purchased with a value of over £1000 are subject to a 25% re-stocking charge if not completely satisfied.

4. Purchases are deemed final after 7 working days of receipt.

5. All returns must be posted by Royal mail special delivery, insured to cover the value of your returned goods. We are not liable for goods until they are in our possession.

Quotation / Prices

1. The Company shall be entitled to withdraw any quotation at any time prior to the Company's Acceptance of an order. Unless otherwise stated in the quotation, every quotation shall lapse unless accepted within 7 days from the date on which it was dispatched to the customer.

2. The Company establishes each day, by reference to the ruling market prices, standard selling prices for each metal according to the quantity and/or description of the metal or goods to be sold and the credit terms of sale. Unless otherwise agreed, goods are sold by the Company on the condition that the price for each metal contained therein shall be the Company's relevant standard selling price so established on the date of dispatch of the goods and all quoted prices for goods shall be subject to immediate payment by the customer.

3. Unless otherwise agreed in writing, any sum comprised included or referred to in the Company's quotation or acceptance of order (whether as a separate figure or otherwise) which represents a charge for anyone or more of the Company's manufacturing processes to be carried out to or in connection with the goods or services to which such quotation or acceptance of order relates may after formation of the contract be increased by the Company to take account of any increase in the cost of such processes whether arising from an increase in the cost of labour or raw material or otherwise subject however to such relevant legislation relating to prices as shall from time to time be in force.

Quality / Performances

1. The Company warrants that any goods sold or supplied hereunder:

   1. shall be free from defects in workmanship or material

   2. shall conform to any written specification expressly agreed by the Company to apply thereto, and

   3. shall, in the case of precious metal, conform to the usual purities accepted by the trade as standard

2. Except as expressly provided by (a) above, all conditions and warranties, express or implied, as to the quality of any goods sold or their fitness for any particular purpose or their performance capability or otherwise and whether arising by law, custom or any course of dealing are hereby excluded and the Company shall be under no liability whatsoever in respect of any loss, damage, liability or expense suffered or incurred by the customer as a result of or in connection with the sale or supply of any goods or the performance of any service by the Company even if suffered or incurred in consequence of the negligence of the Company or its servants, agents or sub contractors.

3. Tolerance on Weights and Dimensions:

   1. where the customer has not specified otherwise, a tolerance of + or - 5% of the specified weight/dimension shall be applied.

4. Diamond grades and colours are approximate and may vary by plus or minus 10% and two colours up or down.

Damages

The Company's liability if any (whether in contract or in tort and including any liability involving negligence) shall in no circumstances exceed the price actually received by the Company for the goods or services in relation to which such liability shall have arisen provided as follows:

1. in the case of goods which are defective or at variance with specification the Company may at its option discharge such liability by repairing or replacing the goods free of charge.

2. The Company shall before replacing any goods under (i) above be entitled to the return of the goods which shall thereupon become the property of the Company.

3. The Company shall not in any circumstances by liable for incidental or consequential loss or damage.

4. the Company shall be discharged from all liability in respect of goods which are defective or at variance with specification unless written notice of the defect or variance from specification shall be given to the Company within 30 days after delivery of the goods to the customer.

5. All quotes generated via the Company's web site are approximate and do not form part of any contract to supply. All internet orders are subject to price and weight fluctuations and are given as a guide only.

Retention of Title

Notwithstanding delivery and the passing of risk in goods delivered to the Customer, or any other provisions of these terms and conditions, legal title in the goods supplied to the Customer by the Company ("Goods") shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.

Until such time as title in the Goods pass to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored protected and insured and identified as the Company's property but the Customer may resell or use the Goods in the ordinary course of business.

Until such time as title in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company may at any time require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so, forthwith, may enter on any premises of the Customer or any third party where the Goods are stored to repossess the Goods.

The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without limiting any other right or remedy of the Company) forthwith become due and payable.

Set-off

1. The Company may at any time without notice to the customer set-off any liability of the customer to the Company against any liability of the Company to the customer whether the liability of the customer or the Company shall be actual or contingent primary or collateral or joint or several and whether expresses as a liability to pay money or a liability to deliver or transfer metal (other than metal appropriated to the customer).

2. For the purpose of setting off a liability to pay money against a liability to deliver or transfer metal or a liability to deliver or transfer metal of one kind against a liability to deliver or transfer metal to another kind, the Company may at any time without notice to the customer convert any liability of the Company or the customer to deliver or transfer metal into a liability to pay the market value of the metal in pounds sterling as at the date when the Company elects to make such conversion.

Suspension / Cancellation

1. Without prejudice to any other available remedy the Company may, if the customer is in default in making any payment due to the Company (whether under the same contract or otherwise) or to any other wholly-owned subsidiary of the Company suspend further transfer or delivery of goods or performance of services so long as such default continues or at its option, cancel any outstanding order or the undelivered balance thereof, without any liability to the customer in respect of such suspension or cancellation, and the customer shall indemnify the Company against any loss, damage, liability or expense suffered or incurred by reason of such suspension or cancellation, including but not limited to precious metal leasing costs based on daily market rates and inventory storage costs. Payment for such loss, damage, liability or expense shall be due within 48 hours of date of invoice for same.

2. The customer shall not be entitled to cancel any order placed with the Company or to require the Company to suspend or defer any delivery to the customer under any such order except with the written consent of the Company and upon such terms as the Company shall attach to such consent.

No Assignment

No contract entered into by the customer with the Company and no liability of the Company to transfer or deliver metal to the customer shall be assigned by the customer without the written consent of the Company which the Company may give or withhold in its absolute discretion.

Property / Risk / Transit

1. All goods sold by the Company shall remain the property of the Company until payment of the price in full.

2. The goods shall be at the sole risk of the customer from the time at which they are delivered to the customer or carrier at the agreed place of delivery (whether the carriage is arranged or paid for by the Company or the customer). Unless otherwise agreed in writing the agreed place of delivery shall be deemed to be the premises of the Company.

3. The Company shall not in any circumstances be liable for loss or damage to goods in transit to the customer unless:

   1. the Company has agreed to deliver the goods at a place other than the premises of the Company and the loss or damage occurs before the goods arrive as such place and:

   2. any damage or shortage is reported in writing to the Company and the carrier within seven days after delivery; and

   3. in the case of a total loss the customer gives written notice to the Company of the nonarrival of the goods within a reasonable period (not exceeding two weeks) after receipt of the company's invoice.

4. Goods sold by the Company and returned by the customer to the Company shall be at the sole risk of the customer until such goods shall have come into custody of the Company at the premises of the Company where (having regard to the nature of the goods and the reason for their return) the goods will be unpacked and or inspected. This paragraph shall apply notwithstanding that the goods shall come into the possession or custody of the Company at some earlier time, whether by collection or otherwise.

Tools

Unless otherwise agreed by the Company in writing, all tools, dies, patterns and other items made by the Company for the execution of the customer's orders shall remain the property of the Company notwithstanding any charge made to the customer in respect thereof.

Patents

To the best of the Company's knowledge goods sold to the customer will not infringe any patent, trade mark, registered design or copyright of any third party but the Company shall in no circumstance be liable to the customer in respect of any such infringement.

General

1. Unless otherwise agreed in writing, the customer shall be bound to accept over-runs or under-runs not exceeding five per cent of the quantity ordered.

2. Unless otherwise agreed in writing, goods are sold to manufacturing tolerances customarily accepted in the trade.

Proper Law

Unless otherwise agreed in writing, any contract between the Company and the customer shall be governed by English law.

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Privacy Policy

We take great care to protect your information.

McWhirter The Jeweller Ltd ("we", "us", “our”) is committed to ensuring our website is secure for you to use and we take great care to protect your information.

This privacy policy explains what information we collect about you, how we may use it, and the steps we take to ensure that it is kept secure. We also explain your rights and how to contact us. Please note that this website provides links to other websites belonging to other organisations, which are provided for your convenience. This privacy policy only applies to this website. We would recommend that you read the Privacy statement for every website that you visit.

What information do we hold on you?

We collect details from you when you request a product, service, offers or news from us from our website, emails, telephone conversations, and written and verbal communication. The personal information we collect about you are as follows:

• name

• postal address, email address, telephone number, credit card number and expiry date

• Occasionally we may receive information about you from other sources (such as credit reference agencies) which we will add to the information which we already hold about you in order to help us provide you with a product or services.

What do we do with the information?

We will use the personal information gathered in our normal course of business primarily to provide the products, services, offers or news you have requested, and also for administration purposes:

• To process any orders you make

• Provide the goods or services requested

• to confirm identification when you contact us

• to keep you informed of any news, special offers or promotions that we believe might be of particular interest to you

• to communicate with you in the event that any products or services you have requested are unavailable

• for credit assessment

• to review the conduct of and to administer/operate your membership

• for statistical analysis, including automated techniques

• for record-keeping purposes

• for market research

• to track activity on our website

• to improve and monitor our service to you

• for the prevention of crime and fraud

We may contact you by post, email, telephone or fax for these purposes.

Disclosure of your information to service providers

In order to provide our products and services, we may need to pass information on to our agents and sub-contractors or appoint other organisations to carry out some of the processing activities on our behalf, such as mailing houses.

In these circumstances, we will ensure that your information is protected and used in accordance with this privacy policy. We may also disclose information to the investigating authorities such as the police, and customs and excise, or if required to do so by law.

Transfer of your information outside the European Union

We may need to transfer your personal data outside of the European Economic Area (EEA) in order to provide you with the services and products you require.

Some of these countries may not have laws that protect privacy rights as extensively as in the European Union. If we do transfer your personal information to other territories, we will take proper steps to ensure that your information is protected.

The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein. By submitting your information you consent to these transfers for the purposes specified above.

 

 

 

The use of cookies

Cookies are small text files which are stored on your computer, mobile phone or device. Cookies may be placed on your device when you visit a website or open a marketing email.

McWhirter The Jeweller Ltd does not use cookies to collect personally identifiable information about you. We use cookies for a variety of reasons, such as to remember your preferences when you visit our sites, tailor your visit and monitor traffic to enable us to improve our sites.

We also set third-parties cookies to allow you to easily link to third parties you may be subscribed to, such as Twitter and YouTube. We do not control these cookies, but we check how these cookies might use your information before allowing them to be set on our sites. Please visit the third-parties’ websites for more information on these cookies.

Our members and partners may also set cookies when they direct you to our site.

Find out more information about our cookies.

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function if you remove cookies from your browser.

How we protect your information

We have put in place the following security procedures and technical and organisational measures to safeguard your personal information: [provide details of security measures in relation to the personal data processed, eg firewalls, browser certification technology, encryption, limited access, use of passwords etc as appropriate].

We will use all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.

What to do if you do not wish to receive details of offers from us?

If you do not wish to receive marketing, promotions or news from us, you can opt-out at any time by clicking the relevant boxes on your membership profile page, by emailing info@mcwhirterthejeweller.com or by calling Membership Services on 028 30263032.

Please note that you may change your mind at any time by contacting us by any of the above methods.

Changing your personal information

If you believe that we are storing details relating to you that are incorrect then please update them on your membership profile page or alternatively contact us by emailing info@mcwhirterthejeweller.com or send us a letter at McWhirter The Jeweller Ltd. 64 Hill Street Newry City Co. Down Northern Ireland BT34 1BE. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate.

Changes to this privacy policy

If we decide to change our privacy policy, we will post the changes on this page so that you are aware of the information we collect, how we use it and under what circumstances we disclose it.

A hard copy of the policy is available from McWhirter The Jeweller Ltd. 64 Hill Street Newry City Co. Down Northern Ireland BT34 1BE. Any revised policy will apply only to data collected after the new policy comes into effect.

Your rights to access your personal information

You have a right to receive a copy of the personal data that we hold about you. There will be a charge of £10 towards the cost of administration.

To obtain a copy of the personal information we hold on you, please write to the above address or email: info@mcwhirterthejeweller.com

Sale of Business

If the McWhirter The Jeweller Ltd. business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

Your Consent

By submitting your personal information you consent to the use of that information as set out in this policy.

© McWhirter The Jeweller Ltd. All rights reserved.