TERMS AND CONDITIONS

Buymyjewellery.com offers a unique opportunity to both private owners and businesses to sell their jewellery through our website.

As a private owner, you may wish to sell your unwanted jewellery.  The process for doing so is really quite straight forward.  You will be required to complete an on-line registration form and once approved, we will send to you a pre-paid insured envelop to allow for your items of jewellery to be securely sent to us for our appraisal and so that we can make an offer to purchase the jewellery from you. You warrant that you are the legal owner of the jewellery.

Buymyjewellery.com also offers an opportunity to you to buy items of jewellery from a variety of business which have chosen to advertise their jewellery on our website.

These terms and conditions apply to the use of our website and by accessing our website and/or placing an order you agree to be bound by the terms and conditions set out below.  If you do not agree to be bound by these terms and condition, you may not use or access our website.  Our terms and conditions may be updated from time to time.  If you have any questions relating to these terms and conditions, please contact us through the link on the website.

1. DEFINITIONS

1.1 “Jewellery” means an item or items of jewellery displayed for sale on the website.

1.2“Jewellery description” means that part of the website where certain terms and conditions in respect of the individual item of jewellery is provided.

1.3 “Personal information” means the details provided by you on registration.

1.4 “Seller” means the Seller who you have agreed to purchase items of jewellery from by accessing their website through our website.

1.5 “Special conditions and quotes” means the terms and conditions in the product description.

1.6 “Terms” means these terms and conditions.

1.7 “Users” means the users of the website collectively.

1.8 “We/Us/Our” means ‘buymyjewellery.com’

1.9 “Website” means the website located at www.buymyexchange.com or any subsequent change of website which may replace it.

1.10 “You” means you the customer/user of the website

2. REGISTRATION

2.1 Where you are required to complete a registration form (which will be the normal requirement in the case of private sellers), you warrant that:

a) The personal information which you are required to provide when registering as a customer as true, accurate, current and complete in all respects.

b) You will notify us immediately of any changes to the personal information by contacting us.

c) You agree not to impersonate any other person or entity or to use a false name or name that you are not authorised to use.

3. SALES TO US

3.1 We reserve the right to refuse to purchase any item that you offer us to purchase at our sole discretion.

3.2 Where you wish to sell jewellery to us,you are required to complete a registration form.  Once this registration form is completed, we will then assess whether we might be interested in purchasing your jewellery in which we will forward to you, at our cost, a pre-paid self addressed envelope which will be insured to allow you to forward your items of jewellery to us.  [We will inform you as to the amount that the jewellery will be insured for and if, in the event you wish to insure it for a higher sum, you will be liable for the additional cost of the insurance.]

3.3 Once your jewellery is received, we will notify you and carry out an appraisal in order to determine at what price we may be prepared to purchase your jewellery.  If you are unhappy with the offer that we make to you, you are entitled to reject our offer and request your jewellery to be returned to you in which event, this will be despatched to you within [   days ] to the address provided in your completed registration form.

3.4 If our offer is accepted, we will remit to your bank account the agreed price.  The price that we may offer you will be communicated to you by email which will enable you to confirm in turn, by email, whether our offer to purchase your jewellery is accepted or not.  If we receive no reply to our offer, we will return the jewellery to you.  If we do not receive a reply to our offer within 7 days, we will automatically return your jewellery to you.

3.5 We will make payment in accordance with the details that you provide us in the registration form and will not be held responsible or liable in any way should your payment not reach you due to being supplied with incorrect details.

 4. BUYING FROM BUYMYJEWELLERY.COM

4.1 When purchasing items of jewellery from our website, your resulting Contract of Sale and Purchase is between you and the Seller whose website you have entered into via buymyjewellery.com. It is important therefore, that you should also read the terms and conditions of the Seller before placing any order with the Seller.  Buymyjewellery.com does not give any undertaking or warranty that any items of jewellery purchase from the Sellers through their website will be of satisfactory quality and any other statutory obligation or warranty (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law.  This disclaimer does not affect your statutory rights against the Seller.

4.2 Where you order items of jewellery through our site, we may disclose your personal information relating to that transaction to the relevant Seller.

4.3 Each order that you place with a Seller shall be deemed to be an offer by you to purchase items of jewellery specified within the Seller’s website and subject to their customer terms and conditions.  No order shall be deemed to be accepted by the Seller until we (acting as agents for and on behalf of the Seller) send you an email acknowledging the order that you have placed whereupon the Contract of Sale and Purchase will relate to those items of jewellery notified in the email acknowledging the placement of your order.

4.4 Please note that we do not review or control and are not responsible in any way for listings or images or descriptions provided by Sellers and at no time, do we possess or own any items offered or sale by Sellers through the Seller’s website.

5PERSONAL INFORMATION AND PRIVACY POLICY

5.1 We collect your personal information in order to facilitate the sale or purchase of your jewellery.  You are required to provide your name and email address and in some cases, your phone number, email address or credit card number or personal bank account.

5.2 To ensure that your credit/debit or charge card is not being used without your consent, we will validate any address and other personal information supplied by you during the order process against appropriate third party databases.  By accepting these terms and conditions, you consent to such checks being made.  By performing these checks, personal information provided by you may be disclosed to registered credit reference agencies which may keep a record of that information.  Please note that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.  All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

5.3 You also have the right to access and correct the personal information that you have provided and you can request a copy of your personal information by contacting us.

5.4 When purchasing items of jewellery from Sellers, some of your personal information may be passed to that Seller if required but the Seller is also obliged to protect your personal information in accordance with the Data Protection Act 1998.

5.5 Buymyjewellery.com does not sell or rent your contact information to third parties.  Buymyjewellery.com holds all personal information in compliance with the Data Protection Act 1998.

5.6 [At times we may be required by law or litigation to disclose your personal information.  We may also disclose information if we determine that the national security, law enforcement or other issues of public importance, disclosure is necessary.]

5.7 If you have questions or concerns about your personal information or your privacy or data processing, please contact us.

6ORDERS AND PAYMENT METHODS

6.1 Selling

6.1.1 When we agree to purchase your jewellery, we will email you confirmation of the price that we are prepared to pay and if you agree to the price offered, you will be required to email us your agreement to the price offer.

6.1.2 Once we receive your email agreeing to the price, we will make payment to your bank from the details which you have given to us in the registration form.  Payment will be made within 14 days from receipt of your acceptance.

6.2 Purchase

6.2.1 Purchases for jewellery that you make with Sellers may only be made by using the payment methods that we may make available from time to time through our payment facility.  In accepting or otherwise processing your payments relating to your purchases from Sellers, we only act in the capacity of Agent of the Seller.  The Seller acknowledges and agrees that the payment by you to us for the purchase of your items of jewellery will satisfy your obligation and liability to pay the Seller for the jewellery that you have chosen to purchase and consequently, any debt obligations or liability owed by you to the Seller for the purchase of your items of jewellery shall be discharged.

6.2.2  Further, you acknowledge that these terms and conditions and/or any transaction made by you via buymyjewellery.com do not create or imply any financial contract, venture or trust relationship between us, you and/or the Seller.

6.2.3  Once we have received payment, we will notify the Seller who will then be liable to you for despatching the items of jewellery that you purchased in accordance with their terms and conditions.

[To buy any project from buymyjewellery.com, you must make payments using a valid UK credit or debit card or Paypal account.]

 7INDEMNITY

7.1 You agree fully to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers [ harmless ] immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website or any claim against us brought by you in respect of any items purchased from a Seller, or the use by any other person accessing the website using your account and/or personal information.

8. OUR WEBSITE

8.1 We reserve the right to modify or withdraw, temporarily or permanently, this website or any part thereof, with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

8.2  We also reserve the right to change the conditions from time to time and your continue use of the website (or any part thereof) following such change, shall be deemed to be your acceptance of such change.  It is your responsibility to check regularly to determine whether the conditions have been changed.  If you do not agree to any change to the conditions, then you must immediately stop using the website.

 9.  INTELLECTUAL PROPERTY RIGHTS

9.1 You acknowledge and agree that all copyright, trademarks and all  other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors.  You are permitted to use this material only as expressly authorised by us or our licensors.

9.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content on to only one computer hard drive for such purpose.  Any other use of the material and content of the website is strictly prohibited.  You agree not to (or assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.  The website may be used only for lawful purposes and in a lawful manner.  You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

10.  LIMITATION AND LIABILITY

10.1 Whilst we will use our reasonable endeavours to verify the accuracy of any information that we place on our website, we make no warranties, whether express or implied in relation to its accuracy.  The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties or any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from [quarter] dealing or usage or trade.

10.2  We also make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, the defects will be corrected or that the site or the server that makes it available are free of viruses or internet bugs or represents the full functionality, accuracy or liability of the website.  We will not be responsible or liable to you for any loss of content of material uploaded or transmitted through the website.

10.3  [To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any products that you may purchase from the Seller.  This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.]

11. REFUSAL OF TRANSACTION

11.1  We may refuse to process a transaction for any reason to anyone at any time at our sole discretion.  We will not be liable to you or any third party by reason of so refusing or by reason of rescinding or suspending any transaction after processing has begun.

 12.  DELIVERY

12.1

13.  RETURNS AND CANCELLATION

14.   WAIVER

14.1 If for any reason we do not insist upon strict performance of any of your obligations under these terms and conditions or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not in any way constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.  A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15RIGHTS OF THIRD PARTIES

15.1No provisions of these terms and conditions shall be enforceable by any third party (which includes employees, officers, agents, representatives or sub-contractors of either buymyjewellery.com or any individual Seller) under the Contracts (Rights or Third Parties) Act 1999 or otherwise save that nothing in this clause excludes the rights of buymyjewellery.com when acting in the capacity as an agent of any Seller.