TERMS & CONDITIONS- (IMPORTANT& ESSENTIAL!):
A. General Terminology:
By using the Website you confirm that you are at least 18 years old, or, if you are under 18, that you are accessing the Website with the consent of your parent of guardian.
In the case of registered users, we reserve the right to terminate access in the event of unauthorised access or use of an account, or breach (in our opinion) of the User Terms.This is the silvermagic.co.uk website (“Website”) which is owned by Prasad Locum Services Limited who are a company registered in England (company number 09586282) with a registered office at Flat 1, 51 Parkside, Highfield lane, Southampton, Hampshire SO17 1PR. By purchasing any products (the “Product”) and by using this Website you acknowledge that you have read, and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected. By purchasing any products (the “Product”) and by using this Website you acknowledge that you have read, and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected.
B. Product Purchase:
The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether the order has been confirmed and the credit card been charged).
We will acknowledge by e-mail your order for a Product at the time you place your order. We will then notify you within 2 days of such email whether we have accepted your order. At the same time if we have accepted your order we will notify you of delivery dates.
In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will deliver the Product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Product (if the Product has been sent out) immediately issue a refund.
Any order (whether accepted or not) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you and give you the choice of a refund or of purchasing an alternative Product.
C. Shipments and Returns:
Thank you for shopping with us.
The charge for UK standard postage and packing is £3.95.
Our standard delivery time is usually 48-72 hours. If we receive an order on our website before 3pm we aim to despatch the order the same day.
• Orders over £10.00 are Free Delivery (UK Mainland Only)
• Orders under £10.00 are £1.99 (UK mainland only)
• Next Day Delivery is £6.00 (UK mainland only) Excluding Saturdays, Sunday’s and Bank Holidays. Orders placed before 3pm will be sent via the Royal Mail Next Day delivery service. Orders placed after 3pm on a Friday will be dispatched the following Monday.
Delivery times may be extended during certain busy periods (Sale periods and Christmas).
Please note that all orders are delivered by Royal Mail.
If you require a Next Day delivery service, this can be selected at the confirm and pay stage of our checkout. For this service we charge £6.00 and orders must be placed before 3pm to qualify.
Next Day orders placed on a Friday are delivered on a Monday and Next Day orders placed on Saturday or Sunday are delivered on the following Tuesday. Next day orders placed on a Bank Holiday Monday will be delivered the following Tuesday. Please note that all Next Day orders require a signature upon delivery.
Unfortunately, we cannot offer Next Day Delivery to postcodes in UK beginning with GY, HS2, IM, JE, KW16-KW17, PA61-PA75, PA78, PH30, PH41-PH44 and ZE2-ZE3.
We are unable to deliver to PO box addresses.
You will be notified by email as soon as your item has been dispatched. If you have any queries at all, please do not hesitate to contact us.
All prices listed in our website are in UK pounds sterling.
All international orders are fully insured and are sent via a secure tracked service. We aim to dispatch within one working day, apart from at weekends. For all orders placed on Saturdays, Sundays and Bank Holiday Mondays, orders will be shipped on the Monday or the Tuesday.
Postage and packaging to Europe is charged at a rate of £4.90 or free for orders of over £49.90.
International postage and packaging to the rest of the world is charged at a rate of £6.90 or free for orders of over £99.90
If you have any questions about our shipping costs or delivery times to a specific country, or would like more information, do get in contact- [email protected] or use our contact form.
Royal Mail Tracked and Signed Service: 3 – 5 working days
US & CANADA
Royal Mail Tracked Service: 5 – 7 working days
REST OF WORLD
Royal Mail International Services: Up to 12 working days
D. Cancellation of contract by the buyer:
Your rights to end the contract
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to;
(b) We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) There is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) You have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do you have to change your mind?
You can cancel your order at any time between the time we confirm receipt of your order and the day which falls 14 days after the day we email you to confirm we accept your order.
In relation to the purchase of goods, you can cancel your order at any time between the time we confirm receipt of your order and the day which falls 14 days after the day you (or someone you nominate) receives the delivery of the goods. Please note that this right to cancel does not apply where either:
(a) The products sold are personalised or bespoke to you (such as engraved items or rings which are ordered in to very specific size); or
(b) The products are earrings or other piercing jewellery where the packaging of these items has been opened.
The procedures and terms set out above do not affect your right to reject faulty goods. Further information about your rights can be found at http://www.gov.uk/citizens-advice-customer-service.
How to end the contract with us
If you change your mind after placing an order, you can cancel it at any time before we have sent our Dispatch Email to you. To cancel your order, you will need to give us your name and address details, as well as your order number. Please contact us at [email protected]
Emails will be acknowledged within 24 hours, Monday to Friday 9am – 5pm. Emails sent on a weekend will not be picked up until the following Monday.
If you wish to return goods you have a duty to keep them in your possession and to take reasonable care of them until you return them. Goods must be returned in their original condition, including immediate packaging with the delivery note, within the cooling off period.
How to return an item?
You can return item/s by post.
Return by post – what you need to do
If for any reason you are not happy with your purchase we will endeavour to give you a refund, we do not refund delivery fees on items sent or returned to us unless items are being returned due to a fault. Please note that for health and hygiene reasons earrings / pierced jewellery cannot be returned if the packaging has been opened or if they have been tried on (worn).
If you are returning a faulty item, Silvermagic Jewellery will refund the full postage amount shown on the parcel, back on to the credit/debit card or PayPal account that you used to place the order online.
What you need to do:
Place the items into their original presentation boxes and make sure the parcel is sealed securely in a tamper proof envelope. You should also place a copy of the dispatch note you received with your order into the parcel.
Should you require insurance, we recommend Royal Mail Special Delivery. 1st Class & Recorded delivery does not cover jewellery if the parcel is lost or damaged.
We are not responsible for loss or damage of items when being returned.
For refunds: once we have assessed the items, the money will be put back on to the credit/debit card or PayPal account that was used to place the order online.
Unfortunately, any parcels returned from an international address will be at your own cost. We also recommend a free receipt of postage be obtained when returning orders from overseas as we will not accept responsibility for parcels lost in transit.
For the overseas returns address, please contact our Customer Service Representatives via email [email protected]
This returns policy does not affect your statutory rights.
E. Defective Goods:
If the Products delivered are defective, not what you ordered, or damaged on delivery please notify us straight away and return them to us using Recorded Delivery. You should keep a proof of posting. Full postal costs will be refunded.
We will replace or refund you for the price paid for any Products which are found to be incorrect or damaged on delivery for a period of 3 months after delivery.
If you opt to exchange the Products, any additional payments must be included with the returned Products. Replacement Products will not be dispatched until such payment has been received.
Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes.
F. Terms of Payment:
We accept payments on our website via credit/debit cards or PayPal. If you want to pay in any other means like bank transfer, please contact us.We shall not dispatch any Products until we receive confirmation of payment. Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website. We will inform you as soon as we can if we are unable to deliver the Products within 30 days of your order and you may agree an alternative delivery period, or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery.
We provide product insurance to items whilst in transit, and only up to the point of customer’s receipt of the order. It is the customer’s responsibility for appropriate insurance cover thereafter.
You are solely responsible for the photos, text, materials and other content that you upload (hereinafter, “post”) on the Website (collectively “User Content”). You may not post User Content on the Website that you did not create or that you do not have permission to post. You are prohibited from posting to the Website any User Content that is offensive, illegal, pornographic, discriminatory or which is technically harmful or infringes or may infringe the rights of any third party.
You understand and agree that we may, but are not obligated to, review the Website and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, or that in our sole judgement may be offensive, illegal or technically harmful or that infringes or may infringe the rights of any third party.
You agree that we may copy, disclose, distribute, or otherwise use any User Content posted on the Website for any purpose. You may request that we remove your User Content at any time by contacting us via the Contact Details at clause ‘P’.
Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorized third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
J. Complaints Procedure:
-We are very proud of our high standards of customer service however, if we fail in meeting these standards, please do not hesitate to email us at [email protected]
Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf to retain your valued custom.
-Online Dispute Resolution.
-Customer Service and the Quality of our products are very important to us and we hope that you will always be satisfied with the service that we provide you online. If for any reason you are unhappy with our products or the service that we provide you, then please do contact us, using the contact details above and we will help you to resolve the issue and either provide you with a new piece, a refund or an exchange.
K. Intellectual Property:
All Website, design, text and graphics belong to us. All copyright, trademarks and other intellectual property belongs to us. You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, re-utilize, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trademarks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
L. Entire Agreement:
These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
N. Third Party Rights:
A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
O. Force Majeure:
We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
P. Law and Jurisdiction:
These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid, then the provisions of paragraph K shall apply.
Q. Contact Details
51 Highfield Lane,
Email: [email protected]
R. Representation and Specification of Goods:
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size to clearly show details, or smaller than actual size in order to show the entire item. Due to the limitations of colour display your screen may not show exactly the correct colour of the product being viewed. Your attention is drawn to the item description where specific product details are given. This information is given in good faith, but total accuracy cannot be guaranteed.
S. Delivery and Postage:
Some of our items of jewellery take longer to send out than others, as some are made to order. Please refer to each product description for specific dispatch times, which will give you an estimation of how long your order should take. If your order is urgent and required for a specific date, please contact us and we will do our best to meet your needs.
We shall be under no liability for any delay in delivery or non-delivery due to circumstances beyond our control. If the parcel / product is lost or found to be damaged upon receipt then Royal Mail and Silvermagic must be informed without delay within 7 days of the items date of posting, and any damaged item(s) returned to us for replacement.
Please be advised that it is the customers responsibility, when ordering from our website to provide Silvermagic with the correct and complete delivery address. Failure to do so may result in your order being undelivered or delivered to the wrong address, of which we will not accept responsibility for. Please check that the correct delivery/shipping address and full name and postcode has been given after processing your order. If you have provided us with the wrong address, or incomplete address, please let us know in writing within 1 hour of placing your order, as some items are dispatched very quickly from our workshop.
T. Price of Goods:
The prices of the products you order are to be those prices as displayed on the moment of transmission of your order. Where appropriate all prices will be displayed in UK pounds Sterling. This is subject to alteration, when enforced, without notice. Please refer to individual prices. Postal charges are added to the prices of the products ordered prior to transaction completion (where applicable).
U. Limitation of our liability:
Indemnify and keep us indemnified from and against any losses, costs, expenses and damages incurred by us in respect of any claim that the User Content infringes the copyright and/or intellectual property rights of a third party.
-Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Furthermore, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
-Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
-In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website to (at your option):
a. repairing or supplying the Products again; and
b. refunding the amount paid by you in respect of the Products purchased.
-Our aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you under these Terms and Conditions.
-We shall not be liable to you for any loss of profit; loss of anticipated revenue (whether direct or indirect loss); or any consequential or indirect loss.
-Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
a. personal injury and death caused by our negligence;
b. fraud; or
c. any liability under the Consumer Protection Act 1987.
-Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded fully permitted by law.
V. Special Offers:
We run special offers from time to time. These are made strictly on the following conditions:
• No cash alternatives
• Subject to availability
• Not available in conjunction with any other offer or discount
• Offer limited to one offer per customer, unless special offer states otherwise
• Special offers cannot be used on bespoke items
The prices for the Products and delivery are as set out on the Website.