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TERMS AND CONDITIONS
For all Identimation Limited Consumer Terms & Conditions of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. FORMAT OF THE CONTRACT:
1.1 These terms of sale apply to all goods supplied by Identimation Limited trading as iD-Jostens, whose registered office is at Identimation Ltd, Stratheden House, 38 Heath Road, Helpston, Peterborough, PE6 7EG, registered in England number 1078165 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via mail after you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance order receipt. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. DESCRIPTION & PRICE OF THE GOODS:
2.1 The name and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
2.2 The goods are subject to availability. Due to the nature of the personalised product there may be extra time involved to create your specific order.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a backdate charge for the goods if the year you want to be engraved on the ring is not the current year. You will be also required to pay a delivery charge for the goods (see Article 5.1).
3. PAYMENT:
3.1 We accept most major credit and debit cards (Visa, MasterCard, American Express, Switch, Delta, Solo).
3.2 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due on your order placement with us.
3.3 No order is accepted by Identimation Ltd until full payment is made by the customer and received by us. Identimation Ltd reserves the right to hold orders until the correct price has been paid for the goods.
3.4 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. 4. POSTAGE, PACKING and INSURANCE:
4.1 All charges relating to our postage, packing and insurance (PPI) fees are listed on our website order forms and must be paid for in full according to the delivery address on the order form.
4.2 Failure to include the correct PPI charge could result in a delayed process of the order and/or resubmission at the correct price.
5. DELIVERY:
5.1 For all International Orders (outside the EU) - Your order may be subject to local import duties and taxes, which are levied once your ring reaches your country. Identimation/Jostens cannot be held responsible for these charges. Identimation/Jostens does not collect duties and taxes and cannot predict what your particular charges may be. If you do incur these additional charges, they must be paid in full by you in order for your ring to clear your country's customs. For more information regarding your country's custom policies, please contact your local customs office.
5.2 The goods you order will be delivered to the address you give when you place your order. Please remember that some countries will not allow the import of certain gold jewellery, and some shipping agents will not accept gold jewellery for delivery to certain countries.
5.3 Orders placed on a working day will be processed within a reasonable time and will be delivered as per our delivery method provided no additional security checks are required and all ring options are available. (A working day is any day other than weekends and bank or other public holidays.)
5.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
5.5 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
5.5.1 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
5.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you if possible.
5.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the estimated delivery date.
5.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
6. RISK/TITLE:
6.1 The goods are at your risk from the time of delivery.
6.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to the Supplier from you on any account.
6.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
7. YOUR RIGHT OF CANCELLATION:
7.1 You have the right to cancel the contract at any time up to the end of 10 working days after your order process date (see below). You do not have the right to cancel the contract after the aforementioned 10 day period as the goods are made-to-order and personalised.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.4 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
8. WARRANTY: 8.1 All goods supplied by the Supplier come under the Jostens Warranty Service. This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or fax number shown below within 7 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. 9. RETURNS POLICY:
9.1 If an item is faulty then we will replace it subject to receipt and inspection of the returned goods. Since we cannot be held responsible for any goods lost in transit we would strongly recommend that you send goods back to us by a secure method.
10. LIMITATION OF LIABILITY: 10.1 the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
11. DATA PROTECTION:
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
12. APPLICABLE LAW:
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
13. IMAGES:
Product images are for illustrative purposes only. 14. NOTES:
We have taken as much care as possible to describe and portray items accurately. Slight variations in actual goods may occur.
We reserve the right to inform the customer of any incorrect information before payment is taken.
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Identimation Limited (A Jostens Alliance Company)
38 Heath Road, Helpston
Peterborough, PE6 7EG
UNITED KINGDOM
Email: dalglish@msn.com
Tel: 01733 253075
Fax: 01733 253353
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