TERMS & CONDITIONS OF SALE

Index


1    About Pobjoy and these Terms & Conditions of Sale   

2    Updates to these Terms & Conditions of Sale

3    Purchasing Criteria

4    Availability of Our Products & Services 

5    Account Information 

6    Personalisation

7    Loyalty Rewards

8    Ordering Procedures

9    Payment

10  Taxes, Prices and Shipping Costs 

11  Shipping & Delivery General

12  Order Acknowledgement

13  Invoicing & Statements 

14  Returns & Exchanges

15  Consumer Rights & Guarantees

16  Product Information

17  Limited Liability

18  General Provisions

19  Applicable Law


November 2019

  

1  About Pobjoy and these Terms & Conditions of Sale.

These Terms & Conditions of Sale apply to any products or services you may purchase or order from Pobjoy Diamonds & Fine Jewellery Limited ('Pobjoy') through the website www.pobjoydiamonds.com and any of the Pobjoy Electronic Medias Sites ('EMS') or by phone, by email or other communications medium or in person from our registered business address at Pobjoy School of Minting, Kingswood Park, Bonsor Drive, Kingswood, Surrey KT20 6AY.


These Terms & Conditions of Sale shall not necessarily apply to any products and services you may purchase from companies or entities that may have been, are or may in the future be affiliated to Pobjoy including the Pobjoy Mint.

Within these Terms & Conditions of Sale we may use 'Pobjoy', 'Pobjoy Diamonds', the 'Company', 'Pobjoy E-Boutique', 'us', 'we' and 'our' to in referring to the legal selling entity which is Pobjoy Diamonds & Fine Jewellery Limited.

By placing an order you agree to be bound by the Terms & Conditions of Sale and the Privacy Policy and Cookie Policy incorporated into these Terms & Conditions of Sale.
Please ensure that you read these Terms & Conditions of Sale carefully and fully as they are applicable to any order placed with Pobjoy. They are published both to comply with company statute requirements and to mitigate avoidable misunderstandings by our customers when dealing with us.  

By placing an order for products or services you  are agreeing to  these Terms & Conditions of Sale and you will not be able to alter any of these Terms & Conditions of Sale unless specifically agreed by us in writing. 


2  Updates to these Terms & Conditions of Sale

These Terms & Conditions of Sale may be amended and updated from time to time by us without prior notice. The current Terms & Conditions of Sale will be published on the EMS at all times and shall govern the order and purchase of any products and services immediately from the date of any amendments made. Orders placed before any amendments made to these Terms & Conditions of Sale shall be governed by the relevant Terms & Conditions of Sale at the time of placing the order, unless affected by the requirements of the applicable law.


3  Purchasing Requirements

To be eligible to purchase products or services from Pobjoy  you must have reached the age of consent, have legal capacity to enter into contracts and use a shipping or delivery address in the countries we ship to, as detailed within our Shipping & Returns information.

If you cannot enter into a contract by virtue of your age or other constraint, you are required to arrange for your parent or guardian to place the order on your behalf and in doing so they will be agreeing to these Terms & Conditions of Sale which you must disclose to them first.
In placing an order with Pobjoy you also represent and warrant that you will not pass on, sell or otherwise distribute our products or services for commercial purposes unless explicitly agreed first with us in writing.


4  Availability of Our Products & Services

All orders placed through the EMS, by phone in writing or with us in person does not confirm the availability and our acceptance of such orders. Further information is provided under Ordering Procedures below.

At times a product showing as available when checking out may no longer be in stock or may require an additional period of up to 48 hours to procure and prepare for shipping. While Pobjoy makes every effort to keep it's inventory records current, during busy periods and within any given business day it is not always possible for precise inventory records to be updated as this includes manual processes.

Where you have placed an order for a standard product which will require more than 48 hours to dispatch we will contact you as soon as possible to advise you of this. We will usually be able to offer you a very similar product instead. Alternatively we will arrange a refund or electronic credit code as you prefer.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.


5  Account Information

​To place an order, you may either  create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s) and upload any relevant information including for example records and photographs of fulfilled orders.

To receive loyalty reward points it is necessary to create an account although this does not necessitate making a purchase.

You may place an order with us without registering or subscribing to our newsletters or other comparable services or may opt out of doing so, but may still create an account specific to you for internal accounting and ongoing customer services purposes. Any information held will be made available to you upon request and shall be subject to the GDPR requirements and the conditions set out within our Privacy Policy and Cookie Policy.

Within your account you may also chose a delivery address different to your residential address or to where your payment card is registered but if it is outside the UK additional shipping charges will apply and will be advised to you and you shall be liable to pay such costs before the order is shipped.


6  Personalization

Pobjoy provides personalisation of certain products including engraving services. Where these services are available they are stated in the product description page with instructions. We currently offer a choice of five fonts for engraving (either in upper or lower case) and this information must be selected when adding to cart. Images of the available fonts are to be found at https://www.pobjoydiamonds.com/pages/engraving or by clicking on 'Engraving Fonts' within the relevant product pages. Additional fonts maybe available on request. Please contact us.

If a product does not provide an engraving option it may still be possible to provide personalisation upon request. Please email us at contact@pobjoydiamonds.com. 

You must ensure that you check your choice of engraving font, style, case and letters as you are responsible for the product once it has been personalised as instructed.

Orders for personalised products cannot be cancelled and such products that have been personalised in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Terms & Conditions of Sale. This does not affect your consumer rights.


7  Loyalty Rewards

Pobjoy offers loyalty rewards and related campaigns to show appreciation to our customers, reward visitors for sharing key anniversary dates with us and to recognise and encourage responsible promotion of our various products and services across selected social media sites.

Typically reward points will be credited to your account (which you will need to create as per Section 5 above) and may then be used to claim discounts off products and services available from Pobjoy. In most cases to benefit from our loyalty reward points a purchase is required and other conditions may apply such as a minimum spend. 

Information about earning reward points, making claims and records of your current available points and discounts and history are all contained within your account and available points are also shown in the REWARDS tab to the right of the website when you are logged in.

There may be certain limitations on the number of reward points that can be earned for example in return for sharing on social media sites. 

Reward points in return for money spent with Pobjoy are based upon the full purchase price including Value Added Tax (VAT) but after any discounts deducted. These points may not be awarded until after a certain period has elapsed. Where these points may have been credited to your account and you subsequently return the relevant product and are refunded, all such points shall be deducted accordingly.

Other conditions may apply with regards to reward points and are stated within the loyalty rewards program application.

Reward points cannot be transferred to other entities and cannot be redeemed for cash.

Pobjoy operates it's loyalty reward program and other campaigns in good faith and reserves the right at it's absolute discretion to deduct reward points and discounts from you in the unlikely event that it reasonably considers that such campaigns have been materially or intentionally abused by you or in relation to your account. 


8  Ordering Procedures

  • ADD TO CART. Once you have selected your product and size if applicable you may place this in your shopping cart. You may then continue shopping for other products and view your cart to check what you have placed in it.
  • By adding the product to the cart we do not guarantee that it is immediately available. We will confirm availability or otherwise after you have completed checking out by email or SMS.
  • VIEW CART allows you to see what is currently in the cart before checking out or continuing to shop.
  • CHECKOUT. When you wish to complete the purchase you must click on CHECKOUT. If you are already logged in as a customer you will find all the relevant information we hold about you to the left hand side including your address and shipping address which you can change as required.
  • You may also add or remove products in your cart at this stage. If you do not proceed beyond this point the products in your cart shall remain in your cart until you decide to purchase them or remove them (abandoned cart). In this way you do not have to start the shopping process from the beginning.
  • If you are not already logged in to your Pobjoy Account the products shall not be saved when you refresh your browser.
  • If you are not already logged in to your Pobjoy Account when you reach checkout you will be prompted to do so or given the option to check in as a Guest or to Open Account (for new customers).
  • Once you are satisfied you must proceed to payment. If you are logged in you may have already saved one or more payment cards which you may now select and add any additional requested information such as the CVV. You may also add or remove cards.
  • You will then be given the opportunity to review your final order and make any adjustments regarding the information shown such as your current email address before proceeding to place the order.
  • Please make sure that the order has been sent. You will automatically receive an email or SMS from Pobjoy within a few minutes of the order being placed. If you do not receive a communication from Pobjoy please recheck your shopping cart or contact us. PLEASE DO CHECK YOUR EMAIL SPAM OR JUNK FOLDER FIRST even if you have shopped with us before.

Should you prefer to place your order with Pobjoy by phone we will follow the same procedures with you as above.

We reserve the right, at our absolute discretion, to decline, terminate or cancel orders on reasonable grounds for example if we have an ongoing dispute regarding a prior transaction or if we reasonably believe you have engaged in fraudulent activities.

We also have obligations with regards Anti Money Laundering and proceeds of crime reporting and will act at all times to protect Pobjoy accordingly including the reporting of suspicious activities to the relevant authorities.


9  Payment

The various methods of payment we accept are advertised on our EMS. If you are unsure whether Pobjoy accepts a your preferred payment type please contact us to verify this. 

You need to enter your payment details on the EMS where prompted and check the information you have provided us. Alternatively you may do this by phone. Payment card holders are subject to validation checks and authorization by the card issuer and are beyond our control. If your card issuer refuses to authorize payment to us you will need to contact your card issuer directly to resolve this issue.

You may also pay by direct bank transfer subject to our agreement. To do this you must phone us on +44 (0) 20 3998 3075 or request that we call you and provide us with your contact telephone number. We will not charge you a fee although your bank may do so. We will also deduct up to 1.5% off the purchase price of the goods you are paying for by bank transfer as we do not incur merchant payment card fees when you pay by bank transfer. CHAPS payments made before 2pm usually clear the same day. BACS transfers take up to three days to clear. Pobjoy will only ship products once payment has cleared and you will be notified of this by SMS or email.

Having placed an order if you have not provided cleared funds within 5 working days we shall cancel the order accordingly.

Bank transfer and other payment methods if accepted by us may also be subject to validation checks and authorization by the payment system providers. You expressly authorize us to perform security checks as deemed necessary, to transmit or to obtain information about you to or from third parties from time to time. 

Where we offer PayPal/PayPal Express as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Terms & Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.


10  Taxes, Prices and Shipping Costs

Product page prices on the EMS include VAT and standard shipping costs to customers within the UK unless advised otherwise. Shipping to the EU mainland is subject to surcharges as detailed in the DELIVERY INFORMATION published at https://www.pobjoydiamonds.com/pages/pobjoy-e-boutique.

Purchases may be limited to Great British Pounds (GBP) only. Where alternative currencies are accepted this will be shown in the relevant product pages or at checkout. If you require more information before placing an order please contact us. Terms regarding EU mainland orders and shipping will be subject to any statute changes from time time.

If you have arranged special delivery with us any additional costs or surcharges will be agreed with you first. 

It is also possible to arrange to pick up your purchased products directly from Pobjoy at our registered address. Please first ensure that we have confirmed your order is ready for collection that you make a prior appointment with Pobjoy as we are not a high street store and operate from within a security mint.

We may offer a VAT refund arrangement if you decide to have purchased products delivered in certain countries ultimately outside of the EU, subject to meeting our legal obligations.

We reserve the right to modify prices and adjust delivery charging policies at any time without prior notice. We will update any such changes on our EMS as soon as reasonably possible.

We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via customer services. However, it is always possible that, despite our reasonable efforts, some of the products offered through our EMS or delivery costs may be incorrectly priced.

If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.


11  Shipping & Delivery 

We use Royal Mail's logistic services to provide our customers with FREE delivery within the UK. The information provided below is for guidance purposes and may be subject to change. It is reliant upon the policies set by the Royal Mail or other delivery companies Pobjoy may use to provide customers with fast and reliable shipping services.

If you require special delivery arrangements please advise us when ordering. We will do our best to accomodate special requirements. Multiple items ordered within one checkout maybe sent separately or combined within one parcel and we will notify you accordingly when shipping.

Shipping to mainland Europe incurs surcharges and may require the services of an alternative delivery company. For UK customers it is possible to pre-arrange pick up of your order from Pobjoy. Estimated delivery times stated are from the day items are dispatched. For rings, bespoke, customized and some handmade items please see the relevant product information about expected lead times. If you require an item urgently please let us know and we will endeavour to facilitate this, subject to any additional charges this may incur which will be passed on to you at cost.

Expected delivery times and tracking information is as described in the E-Botique delivery section on this site and as may be updated from time to time.at https://www.pobjoydiamonds.com/pages/pobjoy-e-boutique . Expected delivery of bespoke and customized items shall be as advised upon purchase.


12 Order Acknowledgement

Once you have made your choice and your order has been placed through the EMS, you will receive a written acknowledgement of order (by e-mail or otherwise) confirming the details of your order together with an order reference number. Please make sure that you save this order reference number for any future enquiries regarding your order. This acknowledgement of order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the acknowledgement of order, it is your responsibility to review it and confirm that it accurately reflects your intended order.  If you have any questions or concerns or if the acknowledgement of order does not reflect your intentions, you should contact  Customer Services promptly. 

Only when you have received confirmation that your order has been shipped will it be confirmed as accepted and available.

These Terms & Conditions of Sale will be accessible via our homepage website link provided to you when we acknowledge your order.


13 Invoicing & Statements 

You will be able to view current and historic orders and financial statements within you client account area online. You will need to login using your email and password to do this. If you have forgotten your password please use the Forgotten Password prompt when logging in.


14 Returns & Exchanges

We offer FREE paid for returns and exchanges on all items of over £50 purchase cost and include a form to tape back on to the package we shipped your order in or will provide an online facility for you to download and print this form. Therefore please do not discard the shipping envelope or box until you are sure you are happy with your Pobjoy item. If you have discarded the original shipping envelope or box, please carefully place all the original contents into a new large envelope if the overall depth with the items inserted is 25mm or less and then place the returns form to the front of the envelope using sellotape or paper glue.

For items purchased for £50 or less you will be required to pay for the returning shipping costs which are typically between £1.20 and £3.50 based on Royal Mail second class delivery charges 2019. Further information and updates maybe found at https://www.pobjoydiamonds.com/pages/pobjoy-e-boutique

Bespoke, customized or personalized items including diamond jewellery cannot be returned unless demonstrably faulty.

You have a maximum of 28 days from receipt of items for Pobjoy to receive back an item you return to us.

In accordance with the UK's distance selling rules you must however notify Pobjoy within 14 days of receipt that you intend to return the item to us after which time you will have a further 14 days for Pobjoy to receive the returned item in the same state and condition in which we sent it to you.

You must not in any way use, wear, scratch or damage the item in any way whatsoever, including bringing it into contact with oils or chemicals and we suggest using soft gloves to handle the item should you need to do so.

We will not accept returned goods for refund or part exchange unless as in perfectly new condition and each item is quality checked before shipping for reference purposes.

We have a maximum of 14 days to refund your return (or issue an exchange or credit if agreed with you) from the date we receive and accept it. Usually we will refund your account much sooner than this.


15 Consumer Rights & Guarantees

We are committed to ensuring that each product complies with our quality assurance standards and that it has passed all our controls. We check and photograph each item before shipping.

Bespoke diamond rings including eternity rings are guaranteed against defective craftsmanship with respect to the settings and mounts only.

Diamonds which are provided with a certificate have been assessed and graded by the relevant grading institute and not by Pobjoy.

Pobjoy relies on the integrity of these certificates in good faith. 

If you wish to repair a Pobjoy item please consult us first as your guarantee maybe negated if using an external repairer.

In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods. Such legal rights are not affected by these Terms & Conditions of Sale or any Pobjoy guarantee.


16 Product Information

We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the EMS, in advertisements or catalogues or as provided by Customer Services is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Any description and information concerning the weight of precious materials and the number of diamond or semi precious stones and carats are provided as an indication only and may vary slightly. For jewellery, measurements given will be as stated.


17 Limited Liability

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and EMS whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

Nothing in these Terms & Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence,  our aggregate liability to you under these Terms Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.


18 General Provisions

If any provision, or part of a provision, of these Terms & Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms & Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.

These Terms & Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

We are not responsible for any failure or delay in performing or complying with our obligations under these Terms & Conditions of Sale which arises from any cause beyond our reasonable control.

The waiver by us of a breach of any provision of these Terms & Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of any applicable guarantee.


19 Applicable Law

These Terms & Conditions of Sale shall be governed by and construed in accordance with the laws of England & Wales, without reference to conflict of laws provisions (“applicable laws”). Any dispute, controversy or claim arising out of or in relation to the Terms & Conditions of Sale, including the validity, invalidity, breach or termination of the Terms & Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Terms & Conditions of Sale. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

You may bring proceedings against us either in the courts of England & Wales or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.

Without any restriction to bring proceedings before a court, you and Pobjoy will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Terms & Conditions of Sale or any breach thereof.

If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/consumers/odr

To contact us please go to https://www.pobjoydiamonds.com/pages/pobjoy-contact

Pobjoy Diamonds & Fine Jewellery is registered with the Information Commissioner's Office (ICO) in the UK.

 

 

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