- Terms of Sale
Terms of Sale
Padani Jewellers - Terms of Sale
(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website, over the telephone, or via email.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
Nothing in these terms of sale affects your statutory rights as a consumer.
You must be at least 18 years old to purchase products from us. By accepting these terms of sale, you warrant and represent that you are at least 18 years of age.
(2) Interpretation
In these terms of sale, "we" means Optamax Limited trading as Padani Jewellers (and "us" and "our" will be construed accordingly); and "you" means our customer or prospective customer for products (and "your" will be construed accordingly).
(3) Order process for online orders
The advertising of products on our website is an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
Please note that you will not be able to place online orders for our Bulgari jewellery, accessories and watches, for our Cartier accessories and watches, or for customised products. If you wish to purchase any of these products please call us.
In order to enter into a contract through our website to purchase products from us, you will need to take the following steps:
(a) add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(b) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(c) once you are logged in, you must select your preferred method of payment, confirm your order and your consent to these terms of sale;
(d) you will then be transferred to the Sage Pay website, and Sage Pay will handle your payment;
(e) once you have completed your order, we will send you an initial acknowledgement; and
(f) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
Before you place your order, you will have the opportunity to check your order for input errors and correct any input errors using our website interface.
(4) Order process for telephone and email orders
If you wish to place an order over the telephone or via email, please contact us on 01892 537533, or at office@padani.co.uk.
After we have confirmed that we can meet your order, we will email, post or fax these terms of sale and your order details to you, which will constitute our contractual offer to you.
You may accept our contractual offer by sending us your written acceptance of the contractual offer within 5 working days from the date of issue of the contractual offer. If you do not accept the offer within this period, the offer will lapse. Upon our receipt of your written acceptance within this period, your order will become a binding contract.
(5) The products
We sell 18 karat gold and platinum jewellery, diamond and semi-precious stones set jewellery, as well as watches and other accessories.
(6) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when we confirm your order.
All mainland UK deliveries are free-of-charge. In all other cases you will have to pay a delivery charge in addition to the price of the products. To ensure the safe delivery of our products to you, we use an insured, tracked and signed-for delivery service, the cost of which may depend on the value of the product and the delivery destination. The cost of the delivery will be as stated when we confirm your order.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the payment is not received from you in full in cleared funds. Where we are unable to confirm your order, we will refund the payment we have received from you in full.
The prices on the website are quoted in GBP or Euros, and include all value added taxes (where applicable).
Payment for all products must be made by credit or debit card, as accepted by Sage Pay from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(7) Your warranties
You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order (including without limitation the address for delivery) is accurate and complete; and
(c) the address you provide for delivery is suitable for the delivery of the products, and you will be able to accept delivery of the products and sign for them.
(8) Delivery policy
We will deliver products to all UK mainland destinations and the other destinations specified on our website from time to time. If your destination is not listed on the website please contact us to check if delivery to that destination is possible, and how much it will cost. We will do our best to accommodate you.
We use an insured, tracked and signed-for delivery service.
We will arrange for the products to be delivered to the address for delivery indicated in your order - providing that where you pay by credit or debit card, the delivery address must be the same as the address in respect of which the credit or debit card is registered.
Our jewellery is hand crafted using the best materials hence we do not stock multiple quantities. We will advise you of the estimated delivery day of your order. If we have the products you have ordered in stock, the usual delivery time is 3-5 working days from the time we confirm your order. If we do not have the products you have ordered in stock, the delivery time will depend on the amount of time it will take to manufacture the products. If you need an item to be delivered by a specific date please contact us and we will do our best to meet your requirements.
We will do our utmost to deliver the products by the relevant date but we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
We require a signature upon delivery, and only the person who has placed the order may sign for the delivery. Where the delivery is unable to be effected (if, for example, the person who has placed the order is not available to sign for the delivery), the delivery service company will leave a card at the delivery address, and the delivery will need to be collected in person.
Where products are returned to us due to a failure to deliver (including without limitation a failure arising out of the giving of an inaccurate address) we may charge you for re-delivery. The products will not be re-sent until such additional charges have been paid.
(9) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products in cleared funds (including delivery charges where applicable).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(10) Returns and seals
A seal is attached to all products we send to you. The seal is attached in a way that allows you to try on the products without removing the seal. You should return the products with the seal intact, along with its original box, packaging and documentation.
(11) Returns policy: faulty products
Our products are handmade, produced by top craftsmen with the utmost care, made with the best materials and thoroughly checked before delivery.
If you find any fault in a purchased product please notify us as soon as possible. We will then supply you with a returns authorisation number and instructions for the return of the product.
If a product is faulty, we will either exchange the product or refund to you the full price of the product (including delivery charges).
(12) Returns policy: Distance Selling Regulations
Under the Distance Selling Regulations, you may cancel a contract to purchase a product or products at any time within 7 days after the day you received the relevant product or products (subject to the limitations set out below).
You will not have any such right of cancellation insofar as a contract relates to: (i) the supply of goods made to your specifications or clearly personalised; or (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control.
If you wish to cancel a contract on this basis, the procedure below should be followed:
(a) send to us your written notice of cancellation by post or e-mail (office@padani.co.uk); and
(b) we will then supply you with a returns authorisation number and instructions for the return of the products.
You must not return the products to us in the ordinary post or otherwise than in accordance with the procedure outlined above and the instructions we give to you.
Products returned by you to us under the Distance Selling Regulations will be refunded in full, including the cost of sending the products to you (if applicable). We will bear the cost of the return of the products to us.
If you cancel a contract under the Distance Selling Regulations and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.
(13) Refunds
If you are entitled to a refund, we will refund the due amount by crediting that amount back to the card you used to make the purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(14) Limitations and exclusions of liability
Nothing in these terms of sale (or elsewhere on our website) will limit or exclude our liability: for death or personal injury resulting from negligence; for fraud or fraudulent misrepresentation; under Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or for any other liability that cannot be limited or excluded under applicable law.
Subject to this, the limitations and exclusions of liability set out in this Section 14 govern all liabilities to you arising under these terms of sale or in relation to the sale and purchase of our products, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings.
We will not be liable for any loss of business, contracts or commercial opportunities.
We will not be liable for any loss of or damage to goodwill or reputation.
We will not be liable in respect of any loss or corruption of any data, database or software.
We will not be liable in respect of any special, indirect or consequential loss or damage.
We will not be liable for any losses arising out of any event or events beyond our reasonable control.
Our total liability to you in relation to any product purchased under these terms of sale is limited to the price of the product.
(15) General terms
You are always welcome to come and visit our gallery in order to see the products and try them on.
The images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time - providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 14: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(16) About us
Our full name is Optamax Limited, trading as Padani Jewellers.
Our registered office and our principal trading address is 55 High Street, Royal Tunbridge Wells, Kent, TN1 1XU.
Our company registration number is 05520199.
Our email address is office@padani.co.uk.
Our VAT number is 879621083.