Terms & Conditions

INTRODUCTION

Rock Lobster Jewellery is an independant jewellers situated in Worcestershire, England and we wish to welcome you to our online shop and hope you enjoy our online shopping experience. The terms written out govern your use of our website operated by Rock Lobster Ltd, by using our website you accept and acknowledge these terms of use in full and if you disagree with these terms of use or any part of these terms of use then you must not use our website.

We recommend that you read through our terms and conditions before you think about using our website or entering into a contract with Rock Lobster. By making a purchase/transaction you are entering into an agreement and respectfully bound by them. We also recommend that you print a copy for your own reference.

Rock Lobster reserves the right to change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of any such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. Should you not agree to any change to the Conditions then you must immediately stop using the Rock Lobster Website. If any such changes take place, they will take effect from the date they go live on the Rock Lobster website or any associated social media.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to store, transmit, copy, host, send, use, publish or distribute any material which consists of/or linked to any spyware, worm ,computer virus, trojan horse, rootkit, keystroke logger or other malicious computer software. You must not conduct any systematic or automated data collection activities. This includes without limitation scraping, data harvesting, data mining or data extraction on or in relation to our website without our written consent.

PROMOTIONS

Promotions runs from time to time through our website and social media. Free promotional items are awarded to our customers and followers. We will attempt to remove any marketing material, including banners, relating to the promotion in question as soon as we run out of stock or date has closed ,but there may be a delay in doing so; in this instance, we reserve the right to refuse a promotional item if out of stock. We reserve the right to suspend our promotions at any time without prior notice. The promotion cannot be used in conjunction with any other offer or promotion. If a customer returns the items with which the free promotional item was gifted, then we reserve the right to request the return of the free promotional item too. The usual website terms and conditions still apply to all orders.

VOUCHER CODES

To qualify for our 10% off your first order promotion, you must be a new customer and the item you are trying to purchase must not be in our sale. Two voucher codes may not be used at the same time, please note that you will be asked to enter your codes at checkout. This does not affect your statutory rights as a customer.

No.1 TERMS OF USE.

1.1 When buying goods or services via the internet, you are entering a legally binding contract.

1.2 Payment in full for the price of the goods and services that you order must be received before your order can be accepted.

1.3 Confirmation of your order will be emailed to you by us to the email address provided by you. This is not an Order Acceptance from Rock Lobster.

1.4 Acceptance of your order takes place when we dispatch your order to you unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3 below.

1.5 You will receive a delivery confirmation email once your order is dispatched.

1.6 On acceptance of your order a legally binding contract between us comes into existence.

1.7 Only persons aged 18 and over are entitled to enter into legally binding contracts and as a such are the only people entitled to transact through this site.

No.2 Pricing, Promotional Discounts, Gift Card Redemption & Competitions

2.1 Pricing.

2.1.1 All prices payable for goods that you order are as set out in our website in £(Sterling) and all customers will be billed in this currency.

2.1.2 If you purchase from outside the UK, currency fluctuations and charges levied by your bank or card provider may vary from the amount billed by us on your credit/debit card.

2.2 Free Delivery.

2.2.1 Delivered within 3 - 5 working days Packaging included You will need to be home to receive it Upgrade to next day delivery for £5.95 (Available only on orders placed Mon - Thurs before 2pm) Such offers may be extended or removed at any time. See www.rocklobsterjewellery.co.uk for further details

2.3 Promotional Discounts.

2.3.1 Rock Lobster may occasionally offer promotional discounts directly or through third parties which may apply to any, or particularly designated, purchases made though this website.

2.3.2 Any such promotional discounts may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts, including sale prices.

2.3.3 Where a free gift is offered, availability is only whilst stocks last. Rock Lobster reserve the right to provide a substitute free gift to equivalent or higher value.

2.3.4 Promotional Discounts do not apply to purchases of Gift Vouchers or e-vouchers.

2.4 COMPETITIONS & PRIZE DRAWS.

2.4.1 Rock Lobster may run competitions from time to time which will have separate terms & conditions which will be published online.

2.4.2 Competitions are not open to employees of Rock Lobster Ltd, their families, associated agents or anyone else who is directly connected with the creation or administration of such competitions.

No3 CANCELLATIONS.

3.1 Cancellation by us

3.1.1 We reserve the right to cancel the contract between you and us if:

3.1.1.1 We have insufficient stock to deliver the goods you have ordered;

3.1.1.2 We do not deliver to your area; or

3.1.1.3 One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

3.1.2 If we do cancel your contract we will notify you by email or by telephone, and will credit your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for any disappointment suffered.

3.2 Cancellation by you

3.2.1 Subject to the terms set out below, you may cancel your contract with Rock Lobster for the goods you order at any time up to fourteen days from the date you receive the goods ordered. You are not required to give us any reason for cancelling your contract nor will you have to pay any penalty. We would value any comments or suggestions that may help us improve our service.

3.2.2 Your right to cancel your contract with us for the ordered goods is subject to:

3.2.2.1 You not having worn or damaged the jewellery.

3.2.2.2 You not having removed any security tags from the item.

3.2.2.3 The item(s) have not been engraved with a bespoke personal message, which due to their unique nature, cannot be exchanged or returned unless they are faulty.

3.2.2.4 All requests for return for refund must be made within 14 days of delivery, and refunds can only be made to the original purchaser’s card.

3.2.3 To cancel your contract you must complete the returns form that was included within the delivery of your order and enclose it with the goods you return to us. 3.2.4 Please follow the instructions we have provided to address your package, but don’t forget to affix the correct postage before sending.

3.2.5 As you are responsible for the goods until they reach us, it is recommended that you obtain a certificate of posting from the Post Office for any returned items,

3.2.6 Any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of the goods in question being returned by you and received by us in the condition they were in when delivered to you.

3.2.7 If you do not return the goods delivered to you in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you. 3.2.8 If you wish to return your item for exchange, as opposed to a refund, please follow the returns policy as laid out above.

3.2.9 We will only refund the cost of postage to return an item if you have been sent the incorrect goods or they are faulty or damaged. The refund will only be credited to the card used for the original purchase.

No.4 DELIVERY.

4.1 Delivery options and charges where applicable are specified on our website. Certain products may incur additional delivery costs when shipped outside of the UK. You will be informed on your receipt of our confirmation of order where this is the case. Please note that it may not be possible for us to deliver to some locations.

4.2 All orders will be delivered to the address you have stated. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to take delivery of the goods from the delivery service used.

4.3 You are the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for any loss or destruction.

4.4 If you choose to access the Rock Lobster website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

4.5 Should your order be returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for repeat delivery costs. Overseas Orders Overseas deliveries will arrive within 5–7 working days in Europe and the US, or within 5–10 working days for the rest of the world. To check on the status of an order or verify shipment, please call 01905 729022 . A shop assistant will be on hand to assist you from 9.30am to 6.00pm GMT everyday except Sundays. Please note we do not fulfill orders to the following countries: Balkans Burma Cote d'Ivoire (Ivory Coast) Cuba Democratic Republic of Congo Syria Belarus Burma/Myanmar Federal Republic of Yugoslavia and Serbia Iran Iraq Lebanon Liberia North Korea (Democratic Peoples Republic of Korea) Sudan Zimbabwe

No.5 LIMITATIONS AND EXCLUSIONS OF LIABILITY / CANCELLATIONS & RETURNS

We understand that time to time you may wish to return a product

5.1 If you are not completely satisfied with your purchase from Rock Lobster you can return the unworn goods within 14 days of receipt for a refund or 21 days for an exchange Should the goods we deliver to you not be as ordered or is / are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via email of the problem within 7 days of the delivery of the goods in question.

5.2 Should you not receive goods ordered by you within 7 days of the date of your order, we shall have no liability to you unless you have notified us by email or telephone at our contact address within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:

5.2.1 to make good any shortage or non-delivery; or

5.2.2 to replace any goods that are damaged or defective; or

5.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

5.3 Save as precluded by law, we shall have no liability to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause

5.2.3 above.

5.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

5.5 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

5.6 We cannot be held responsible for any delays once the goods have left us and are in possession of the delivery carrier.

5.7 Due to " Health and Safety laws " earrings can only be returned if the goods are faulty . This does not effect your statutory rights in any way.

5.8 Special orders are non-returnable unless it has a manufacturing fault. This is due to the fact that the item has been made to order and therefore cannot be resold. This complies with the consumer protection (distant selling) regulations 2000.

5.9 Nothing in these terms of use will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

No.6 NOTICES.

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to our contact address at sales@rocklobsterjewellery.com and notices from us to our customers will be displayed on our website from time to time.

No.7 SEVERABILITY.

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, other provisions will continue in effect. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. These terms of use are for the benefit of you and Rock Lobster, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party. No.8 PRIVACY. You acknowledge and agree to be bound by the terms of our Privacy Policy

No.9 THIRD PARTY.

9.1 Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

9.2 Third Party links: From time to time we may include hyperlinks on this Site to other websites or resources operated by parties other than Rock Lobster, including advertisers. Rock Lobster has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

No.10 GOVERNING LAW OF ENGLAND AND WALES.

Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted the laws of England and Wales. The terms of this Contract (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.

No.11 THE AGREEMENT.

11.1 This Contract, together with our current website policies, prices, delivery details, contact details, as set out represent the whole of our agreement relating to the supply of the goods to you by us.

11.2 Save for fraud or fraudulent misrepresentation, we shall have no liability for any representation said by any sales person on our behalf being untrue or misleading and should not be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.

11.3 We make no representations or warranties about the accuracy, completeness or suitability of the information and related graphics published on our website. Whilst we endeavor to ensure that information appearing on our Website is accurate, from time to time our site may contain technical inaccuracies or typographical errors.

No.12 PAYMENT

We take payment from your card / paypal etc at the time we receive your order, once we have checked your card details and anticipated stock availability. Goods are subject to availability confirmation and price checking. In the event that we are unable to supply the goods exactly as detailed, we will inform you of this as soon as possible at which point a refund or alternative purchase can be discussed by our Team. A full refund will always be offered if required where we have already received your payment for the goods.

The price you pay is the price displayed on this website at the time we receive your order and confirm that your chosen goods can be shipped. Whilst we make every effort to try and ensure that all prices on our website are accurate, errors sometimes occur, hence why we reserve the right to cancel orders prior to Shipping Confirmation.

If we discover an error in the price of goods you have ordered we will inform you of this fact as soon as possible and you will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and has been paid, you will of course receive a full refund. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. All prices include UK VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.

No.13 TRADE MARKS & COPYRIGHT.

Rock Lobster Ltd is the operator of www.rocklobsterjewellery.co.uk & com. All trademarks, product names and Company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use or copy of any such brand names, photographs , text , video, audi-visual materials and graphics , product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

No.14 EVENTS BEYOND OUR CONTROL.

Rock Lobster Ltd will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond our reasonable control including and without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. (Things we can't do much about...But would like to!)

No.15 AGREEMENT

These terms of use will be governed by and construed in accordance with english law, and any disputes relating to these terms of use will be subject to a non - exclusive jurisdiction of the courts of England and Wales. These Terms & Conditions including the documents or other sources referred to in these Terms & Conditions supersede all prior representations understandings and agreements between you and Rock Lobster relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Rock Lobster for your use of this website These Terms govern Rock Lobster Ltd’s relationship with you in all aspects within this website and all its contents

No.16 TERMINOLOGY FOR TERMS AND CONDITIONS

Within these Terms and Conditions, Contract, Privacy Policy Statement and disclaimer notice and any or all agreements, the following terminology applies: “Client”, “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting Rock Lobster Ltd's Terms and Conditions. “The Company”, “Ourselves”, “We”, “Us”, “Rock Lobster” refers to the Company Rock Lobster Ltd.

NO.17 BREECHES OF THE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1. Send you one or more formal warnings;
2. Temporarily suspend your access to the website;
3. Permanently prohibit you from accessing the website;
4. Block computers using your IP address from accessing the website;
5. Contact your internet services provider and request that they block your access to the website;
6. Bring court proceedings against you for breach of contract or otherwise; and/or
7. Suspend and/or delete your account from the website.

No .18 OUR DETAILS

The full name of our company is Rock Lobster Ltd T/A Rock Lobster Jewellery.
We are registered in England & Wales under registration number 4552343.

Our VAT number is GB 729 2070 39.

Our address is:
Rock Lobster Ltd PO Box 2042 Pershore WR10 9ER
Contact email: sales@rocklobsterjewellery.com