This page  sets out the terms and conditions on which we supply the goods (“Goods”) listed on our website
www.voulezvibes.co.uk (“our website”) to you. Please read these terms and conditions carefully before ordering any products from our website. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Before placing your order you will be required to click on the button marked "CONFIRM" to accept the terms and conditions. Please understand that if you do not wish to accept these terms and conditions, you will not be able to order any products from our website.

This page  sets out the terms and conditions on which we supply the goods (“Goods”) listed on our website.

Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.

Before placing your order you will be required to click on the button marked "CONFIRM" to accept the terms and conditions. Please understand that if you do not wish to accept these terms and conditions, you will not be able to order any Goods from our site.

1. Information about us

1.1. www.voulezvibes.co.uk is a website operated by Voulez Vibes. 

2. Your status

2.1. By placing an order through our website, you warrant that:

• 2.1.1. you are legally capable of entering into binding contracts

3. How the contract is formed between you and us

3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by taking payment and delivering the Goods. The contract between us (“Contract”) will only be formed when we accept your payment or deliver the Goods (whichever is sooner).

3.2. The Contract will relate only to those Goods whose dispatch is confirmed in our delivery note. We will not be obliged to supply any other Goods which may have been part of your order.

3.3. All descriptions and photographs on our website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.

3.4. All Goods shown in our catalogues and on our website are imitation jewellery unless otherwise stated.

4. Availability and delivery

4.1. Delivery details are set out on the “Our Service” page of our website. We shall endeavour to deliver your order within the delivery times specified on the “Our Service” page of our website. However, any dates specified by us for delivery of the Goods are intended to be an estimate only and time for delivery shall not be of the essence.

4.2. If for any reason you fail to accept delivery of any of the Goods or if we are unable to deliver the Goods because you have not provided appropriate instructions or documents:

• 4.2.1. risk in the Goods shall pass to you (including for loss or damage caused by our negligence); and 

• 4.2.3. the Goods shall be deemed to have been delivered.

4.3. We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the Contract.

5. Non-delivery

5.1. The quantity of any consignment of Goods as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

5.2. We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 14 days of the date when the Goods would in the ordinary course of events have been received.

6. Risk and title

6.1. The Goods will be at your risk from the time of delivery or deemed delivery.

6.2. Ownership of the Goods will only pass to you when we receive full payment (in cleared funds) of all sums due in respect of:

• 6.2.1. the Goods, including delivery charges; and

• 6.2.2. all other sums which are or which become due to us from you on any account.

7. Price and payment

7.1. The price of any Goods will be as quoted on our website from time to time, except in cases of obvious error.

7.2. Prices are liable to change at any time, but changes will not affect any orders which we have already accepted.

8. Quality

8.1. We warrant that (subject to the other provisions of these terms and conditions) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

8.2. We shall not be liable for a breach of the warranty in condition 8.1 unless:

• 8.2.1. the Goods are returned to us at your expense within 14 days of the date of delivery (we recommend that you use recorded delivery and keep your proof of postage); and

• 8.2.2. we determine in our reasonable discretion that the Goods are defective as a result of faulty materials or workmanship.

8.3. We shall not be liable for a breach of the warranty in condition 8.1 if:

• 8.3.1. the defect arises because you failed to follow our verbal or written instructions as to the storage, use or maintenance of the Goods or (if there are none) good trade practice; or

• 8.3.2. you alter or repair such Goods without our written consent.

8.4. We shall not be liable to you for any alleged loss, theft or damage of the Goods in transit unless this is notified to the carriers and ourselves immediately following delivery and, where it is alleged that the Goods are damaged, the Goods are returned to us in accordance with condition 8.2.1.

8.5. Subject to conditions 8.2, 8.3 and 8.4, if any of the Goods do not conform with the warranty in condition 8.1 we shall credit you with the price paid for such Goods.

8.6. If we comply with condition 8.5 we shall have no further liability for a breach of the warranty in condition 8.1 in respect of such Goods. In particular, but without limitation, we shall have no obligation to replace the Goods.   

8.7. For hygienic reasons, we do not accept returns on worn earrings or body jewellery.

8.8. Due to the nature of sterling silver jewellery, it will tarnish over time. We shall not be liable to you for any jewellery that has discoloured.

9. Limitation of liability  

9.1. Except as set out in condition 8.1, and for the conditions implied by section 12 of the sale of Goods Act 1979 (as amended), all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from each Contract.

9.2. Nothing in these terms and conditions excludes or limits our liability:

• 9.2.1. for death or personal injury caused by our negligence; or

• 9.2.2. under section 2(3), Consumer Protection Act 1987; or

• 9.2.3. for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or

• 9.2.4. for fraud or fraudulent misrepresentation.

9.3. Subject to conditions 9.1 and 9.2:    

• 11.3.1. OUR 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 the Contract shall be limited to the Contract price

10. Export sales

10.1. If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

11. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

12. Transfer of rights and obligations

12.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

12.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Events outside our control

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

14. Intellectual property and limited use of website material

15.1. The Buyer recognises and agrees that all copyright, database rights, trademarks and other intellectual property rights in all material and/or content of the Company's catalogues and its website is owned by the Company or its licensors and shall remain at all times vested in the Company or its licensors unless otherwise agreed by the Company or its licensors in writing.   

15.2. Subject to conditions 15.3 and 15.4, the material and content in the Company's catalogues and on its website is made available for the Buyer's own non-commercial use only and, in relation to website material, the Buyer may only download such material and content for the sole purpose of using the Company's website and to a single personal computer.

15.3. Except where otherwise stated, the Company permits the Buyer to use the photographic images of the Goods on the website to promote those Goods to its (the Buyer's) own customers (but for no other purpose) and provided that this permission is non-transferable and revocable by the Company at any time.

15.4. The reproduction or use of any photographic images of models (persons) is strictly forbidden.

 

16. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire agreement

17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

18. Our right to vary these terms and conditions

18.1. We have the right to revise and amend these terms and conditions from time to time.

18.2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we accept your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

19. Law and jurisdiction

Contracts for the purchase of Goods through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.

Please note that Sterling silver over time may tarnish, but it can easily be cleaned.