TERMS AND CONDITIONS FOR GOLDWINTER
GOLDWINTER reserves the right to amend these Terms and Conditions continuously and we therefore advise you to read them regularly.
This Website at the URL www.goldwinter.co.uk is owned by Goldwinter LTD, a company registered in the United Kingdom under Companies House Register number: 10541017.
Please read these terms and conditions carefully before ordering any Products from the GOLDWINTER website. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
ABOUT THESE SALE TERMS
These Sales Terms are applicable to all orders and purchases made in the GOLDWINTER website.
Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the GOLDWINTER website. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
If you create an account on the GOLDWINTER website, you are responsible for maintaining the confidentiality of your email address and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
PLACING AN ORDER
To be able to buy Products you must:
• read and accept these Sales Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide an eligible delivery address (see below for further details); and
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid debit/credit card to buy the products if paying with a debit/credit card.
You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
ORDER PROCESSING AND CONTRACT FORMATION
Once you have submitted and confirmed your order(s) using the GOLDWINTER website, GOLDWINTER will send an email to the email address you provided acknowledging receipt of your order(s) ("Order Receipt Confirmation") and setting out details of the ordered Product(s).
GOLDWINTER may choose not to accept any order in it's sole discretion including without limitation in the case of pricing errors, unusual orders and orders which GOLDWINTER suspects are not placed in good faith.
After receiving your order(s), GOLDWINTER will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and GOLDWINTER will only be formed when GOLDWINTER emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation").
The contract is formed on GOLDWINTER sending the Shipment Confirmation whether or not you receive such email.
The contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. GOLDWINTER will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
In the Order Receipt Confirmation you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Sales Terms for your records.
If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact a representative of GOLDWINTER as soon as possible. You may find the page here. Whilst GOLDWINTER will always attempt to amend or cancel your order for you and, where necessary, prevent dispatch of the Products, this may not be possible due to the speed with which orders are processed. If GOLDWINTER is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to GOLDWINTER, or accepting the delivery and then returning the Products to GOLDWINTER in accordance with our returns policy.
PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and in your Shipment Confirmation.
In the event of a pricing error, whether on the GOLDWINTER website or in an Order Receipt Confirmation or otherwise, you accept that GOLDWINTER has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, GOLDWINTER will notify you of the correct price and give you the option of proceeding with the order or cancelling it. Your sole remedy in the event of such pricing error is to cancel your order.
You acknowledge that even after GOLDWINTER has sent you a Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then GOLDWINTER will be under no obligation to provide the relevant Product(s) to you at the incorrect (lower) price.
Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes) will be clearly displayed on screen prior to the completion of your order and confirmed in your Order Receipt Confirmation.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, Maestro, or PayPal).
In the event GOLDWINTER does not receive the appropriate authorization from your card or payment service provider, GOLDWINTER reserves the right to reject your order.
Payment for your order, including all applicable taxes, shipping and other charges, will be settled from the applicable card or payment service once GOLDWINTER has sent you the Shipment Confirmation.
You should allow 1-2 business days for standard delivery for in stock items, provided that your payment is received before 4pm on the day that the order is placed. Delivery shall in any event take place within 30 days after the Shipment Confirmation. GOLDWINTER reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The standard delivery described above are the only shipping options available for sales through the GOLDWINTER website. GOLDWINTER is unable to accept any special delivery requests, which are outside the scope of these two options.
If GOLDWINTER cannot deliver your order within the period specified in your Shipment Confirmation, GOLDWINTER will notify you as soon as possible and you may choose to cancel your order, in which case GOLDWINTER will provide you with a full refund.
If you unreasonably defer delivery or delay the receipt of delivery after GOLDWINTER has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided GOLDWINTER with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to GOLDWINTER, your order will be cancelled and a full refund will be issued to you.
EVENTS OUTSIDE THE CONTROL OF GOLDWINTER
GOLDWINTER shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- strikes or lock-outs (or other industrial action);
- national or local states of emergency;
- interruption or failure of communication or transportation facilities;
- power or utility outages;
- earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- the acts, decrees, legislation, regulations or restrictions of any government.
The time for GOLDWINTER's performance is deemed to be extended for the period that the above continues.
GOLDWINTER uses reasonable efforts to ensure the availability of Products you order from the PANDORA website. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
PRODUCT INFORMATION, COMPATIBILITY
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the GOLDWINTER website as your final point of reference when checking compatibility. In the event of a difference between the GOLDWINTER website content and any other website (or any other source of information) the compatibility of Products as shown on the GOLDWINTER website at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact a representative of GOLDWINTER here for assistance without delay, either via email or by phone.
TITLE TO PRODUCTS
Ownership of the Products will pass to you only when GOLDWINTER has received full payment in respect of your order, including all taxes, shipping and other charges. Until then, GOLDWINTER retains full legal title to the Products. The Products will be at your risk from the time you take physical possession of them.
RETURN AND REFUNDS
If you cancel your purchase under the Consumer Contracts Regulations, GOLDWINTER will refund to you the full price you paid for the Product (including all VAT and/or other taxes) together with any delivery costs you have paid, although, as permitted by law, the maximum delivery costs refunded will be the cost of the standard delivery service .
Once GOLDWINTER has received and validated your returned Product, GOLDWINTER will send you an email to confirm the validation. Any refund due to you will be made as soon as possible and in any event within the period of 14 days after the day on which GOLDWINTER receives the Product back from you or, if earlier, the day on which you provide GOLDWINTER with evidence that you have sent the Product back to GOLDWINTER. If the Product was not dispatched to you, you will be refunded within the period of 14 days after you inform GOLDWINTER of your decision to cancel the purchase. GOLDWINTER will refund you by the same method you used to make payment.
RETURNS UNDER THE GOLDWINTER WEBSITE ENHANCED CANCELLATION POLICY
In addition to your rights under the Consumer Contracts Regulations, if for any reason you are not completely satisfied with your purchase from the GOLDWINTER website, you can return any non-sale Product purchased from the GOLDWINTER website within 30 days of receipt for a refund..
Once GOLDWINTER has received and validated any returned Products, GOLDWINTER will send you an email to confirm the validation. Your refund will be processed within 30 (thirty) days of GOLDWINTER’s email to you confirming the receipt and validation of your returned Product.
Any Product returned under the GOLDWINTER website enhanced cancellation policy must be in a new, unworn and resaleable condition and GOLDWINTER reserves the right to refuse a refund where the Product is returned damaged or showing signs of use or wear.
Please note that these enhanced return rights do not apply to sale Products.
RETURNING PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED
If you need to return any Product because you believe it is faulty or not as described, GOLDWINTER will refund in full the price of Products (including sale Products) that are faulty or not as described, together with all applicable delivery charges (including any premium paid for non-standard delivery), and any reasonable costs you incur in returning the item.
EXCHANGES THROUGH THE GOLDWINTER WEBSITE
Products purchased from the GOLDWINTER website (excluding sale items) may be exchanged through the GOLDWINTER website for the same Product in a different size (or the same Product in any size if the original Product is faulty). If you would like to exchange a non-sale Product, contact a representative of GOLDWINTER here.
SPECIAL CONDITIONS AND EXCEPTIONS
If you do not return a Product (or, if a Product sent fails to arrive and you are unable to provide proof of postage), GOLDWINTER reserves the right to refuse a refund.
If you have purchased a bundled set and wish to return it for a refund, the complete set must be returned. This applies to all jewellery sets.
If your Products were purchased using a special offer which contained several Products (e.g. “buy three earrings, but only pay for the two most expensive earrings”), all Products ordered using the special offer must be returned in order to qualify for a full refund.
Your legal rights in respect of goods which do not conform to the contract (for example, if they are faulty or not as described) are not limited or excluded by these terms.
CONSUMER WARRANTY, GUARANTEES
THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS. IT IS OFFERED AS AN ADDITIONAL BENEFIT TO YOUR RIGHTS UNDER LAW. YOU ALSO HAVE OTHER RIGHTS UNDER LAW WHICH MAY VARY FROM COUNTRY TO COUNTRY.
You can find out about your legal rights and remedies by contacting your local consumer advice service. In particular, the GOLDWINTER website has a legal duty to supply products that conform to the contract. Nothing in this guarantee will replace or lessen any of your legal rights or remedies.
Products sold by the website include a guarantee for Products which turn out to be faulty or not as described during the periods set out below for various Product types:
• 2 years from the original date of purchase for silver jewellery
• 2 years from the original date of purchase for gold jewellery
• 1 year from the original date of purchase for parts of Products made of wood, leather, glass and string items.
This means you can request a repair or replacement free of charge if the Products turn out to be faulty or not as described during this period. GOLDWINTER will repair your Product or replace it with a Product of identical or similar characteristics, except as set out below. GOLDWINTER may at its option replace your Product under this guarantee whether or not a repair of your original Product is possible. If GOLDWINTER chooses instead to repair your Product, GOLDWINTER may do so with new or refurbished components.
If the Product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction. Refunds, if authorised, will usually be made using the same method originally used by you to pay for your purchase.
This guarantee is given to the original purchaser of the Product from the GOLDWINTER website and is not transferable.
Please retain your order confirmation/invoice or pass it on to the gift recipient as the original proof of purchase is the warranty. If a receipt is not available a credit card or bank statement showing the relevant transaction will suffice. This does not affect your legal rights.
This guarantee does not cover normal wear and tear or damages caused by accidents, mishandling, improper use (knocks, dents, crushing etc.).
Repairs (or attempted repairs) to Products other than by GOLDWINTER will void this guarantee whether or not damage has been caused by such repair or attempted repair.
If your Product is repaired or replaced by GOLDWINTER under this guarantee, the new item will benefit from the remainder of the term of this guarantee (calculated from the date of the original purchase of the Product). The period of this guarantee shall not be extended whether or not your Product is repaired or replaced.
GOLDWINTER warrants to you that any Product purchased from the GOLDWINTER website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
GOLDWINTER is not responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or GOLDWINTER, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of GOLDWINTER in respect of the sale of the Products via the GOLDWINTER website. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on GOLDWINTER other than those set out in these Sales Terms.
NOTHING IN THESE SALES TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOLDWINTER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE GOLDWINTER WEBSITE.
This does not include or limit in any way the liability of GOLDWINTER respectively:
• for death or personal injury caused by their negligence;
• for fraud or fraudulent misrepresentation;
• under section 2(3) of the UK's Consumer Protection Act 1987; or
• for any matter for which it would be illegal for GOLDWINTER to exclude, or attempt to exclude, liability.
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforce-ability of any remaining provisions.
TRANSFER OF RIGHTS AND OBLIGATIONS
These Sales Terms are binding on you and GOLDWINTER and on any person GOLDWINTER might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with GOLDWINTER, or any of your rights or obligations arising under it, without our prior written consent.
GOLDWINTER may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of GOLDWINTER's rights or obligations arising under it, at any time during its term.
If GOLDWINTER fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if GOLDWINTER fail to exercise any of the rights or remedies to which it is entitled under these Sales Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between GOLDWINTER and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with GOLDWINTER, you have not relied on any representation, undertaking or promise given by GOLDWINTER or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.
GOVERNING LAW AND JURISDICTION
These Sales Terms and your purchase of Products from GOLDWINTER through the GOLDWINTER website shall be governed by and construed in accordance with the laws of England, without resort to its conflict of law provisions. Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from GOLDWINTER (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you have any questions about GOLDWINTER’s web sites and/or your personal information, please Contact Us