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1.  Interpretation

1.1 In these Conditions:

"Buyer" means the person who places an Order with the Seller through the Site for the purchase of Goods and whose Order for Goods is received and accepted by the Seller;

"Charges" means all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the Delivery Address as set out on the Site from time to time;

"Conditions" means the standard terms and conditions of sale set out in this document as may be revised from time to time by the Seller;

"Contract" means the contract for the sale and purchase of the Goods entered into by the Buyer in accordance with clause 2 of these Conditions;

"Delivery Address" means the address stated by the Buyer on the Order;

"Goods" means the goods described in the Order;

"Order" means the purchase order completed on the Site and transmitted to the Seller via the Website following selection of the Goods by the Buyer;

"Price" means the price of the Goods as specified by the Seller on the Site from time to time;

"Seller" means Juan Diaz (Proprietor)  SJCW Trade and Retail (The Business) under the brand name "Caramel Jewellery" whose place of business is PO Box 190, Chester-le-Street, County Durham, DH2 2WX;

"Site" means the Seller’s Site at www.carameljewellery.co.uk;

"Working Day" means any day of the week excluding Saturdays, Sundays and public holidays;

"Writing" includes e-mail, facsimile transmission and comparable means of communication.

1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re‑enacted or extended at the relevant time.

1.3  The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.4  In these Conditions words importing the masculine gender only include the female and neuter genders and vice versa and words importing the singular number only include the plural and vice versa and references to persons shall include bodies corporate, unincorporated associations and partnerships.

1.5  Unless otherwise stated references to clauses and sub-clauses are references to clauses and sub-clauses of these Conditions.

2. Basis of Sale

2.1 The Order constitutes an offer by the Buyer to purchase the Goods subject to these Conditions.  The offer is accepted by the Seller and the Contract formed when the Seller dispatches the Goods the Buyer having received payment in full for the Price and the Charges. 

2.2  These Conditions shall apply to the Contract to the exclusion of any other terms and conditions.  The Buyer signifies acceptance of these Conditions by placing an Order.

2.3  Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller excludes its liability for any such advice or recommendation to the fullest extent permitted by law.

3. Written Confirmation

The Seller will confirm in Writing (which shall, where the Order is placed by e-mail or online form, be deemed to include confirmation by e-mail, and the Buyer, in placing an Order by e-mail, confirms its acceptance of confirmation by e-mail) within 24 hours of receiving the Order and in any event on or prior to the delivery of the Goods, all such information as is required to be provided pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”).

4. Stock Availability

4.1 The Seller will make all reasonable efforts to ensure that the Goods advertised are available.

4.2  If the Goods are unavailable at the date of the Order the Seller shall contact the Buyer to inform them of the unavailability of the Goods and either:

4.2.1 with the Buyer’s consent dispatch the Goods at a later date than the delivery date specified in clause 8 and notify the Buyer of the new delivery date; or

4.2.2  inform the Buyer that it cannot accept the Order and return any payment made, in which case the Seller shall have no further liability to the Buyer.

5. Specifications

5.1 The quantity and description of the Goods shall, subject to these Conditions, be as specified in the Order.

5.2  The Goods shall be marked with the Buyer’s address as specified by the Buyer in the Order and any applicable regulations or requirements of the carrier.

5.3 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Buyer or Goods on request by the Seller within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

6. Cooling off period

6.1 Where the Buyer is a consumer within the meaning of the Regulations the Buyer shall (subject to clauses 6.2 and 6.3) be entitled (by notice in Writing to the Seller) to cancel any Order for Goods within 7 Working Days (or such other period as is set out on the Site) after the day of receipt of the Goods (“Cooling Off Period”) and to return the Goods to the Seller in accordance with the procedure set out on the Site.

6.2  Where the Goods are not returned to the Seller within 7 Working Days of the date of receipt of the Goods (or such other time period as is set out on the Site) by the Buyer in a new and unused condition in the original packaging, together with a copy of the receipt provided to the Buyer by the Seller, the Goods shall be deemed accepted by the Buyer and the Buyer shall not be entitled to cancel the Order or reject the Goods pursuant to clause 6.1.

6.3  Where the Seller supplies the confirmation of the information specified in clause 3 after the date of delivery of the Goods to the Buyer, the Cooling Off Period will be extended to 7 Working Days beginning on the day after the date on which the Buyer receives such confirmation.

7.  Price of the Goods and Charges

7.1  The Price and Charges shall be as stated in the Order and, unless otherwise agreed between the Buyer and the Seller, the Charges and the Price shall be inclusive of any applicable value added tax.

7.2   All Prices and Charges shall be quoted in and must be paid in pounds sterling (GBP) or such other official legal tender as is set out on the Site.

7.3 The Buyer shall pay the Price and the Charges in pounds sterling by credit or debit card as set out on the Website at the time of placing the Order.

7.4  Payment will be acknowledged by the Seller by provision of a receipt to the Buyer.

8.  Delivery

Subject to clause 4, [the Goods shall be delivered by carrier to the Delivery Address (subject to payment of the Price and the Charges) within 28 days from the date of the Order being accepted by the Seller provided always that, so far as is permitted by the Regulations, time shall not be of the essence in relation to delivery or performance.

9. Exchanges and Refunds

9.1  The Buyer shall be entitled to reject any Goods delivered if such Goods:

9.1.1are unfit for their purpose as held out by the Seller at the time the Order was placed;  or

9.1.2 do not match their description as set out in the Order;

provided always that the Goods are returned to the Seller within 14 days of delivery by Royal Mail registered post or recorded delivery in a new and unused condition with original wrapping with a copy of the receipt provided to the Buyer in accordance with clause 7.4. If they are not so returned, the Goods shall be deemed accepted by the Buyer and the Buyer shall not be entitled to reject the Goods.

9.2 In the event that Goods are properly returned in accordance with clause 9.1 the Seller will refund the Price of the Goods or, in its absolute discretion and if requested by the Buyer, will provide an exchange of the Goods and the Seller shall have no further liability to the Buyer.

9.3  The Seller shall not be liable for lost Goods or postal charges incurred by the Buyer when returning Goods for any reason. This clause shall not affect the Buyer’s rights pursuant to the Regulations.

9.4  If the Buyer cancels the Order pursuant to clause 6.1 then the Buyer will be reimbursed with any payment made to the Seller in respect of the Order within 30 days beginning with the day on which the notice of cancellation was given by the Buyer pursuant to clause 6.1.

10. Errors

10.1  The Seller undertakes to use its reasonable commercial endeavours to ensure that the details and specifications set out on the Site and in the on-line order form are correct but the Buyer acknowledges that errors may occur.

10.2 Any typographical, clerical or other error or omission on the Site or any sales literature, quotation, price list, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

10.3  If any error arises as to the Price prior to the Seller accepting the Order in accordance with clause 2.1, the Seller reserves the right to:

10.3.1 if the Goods have been overpriced, contact the Buyer as soon as reasonably practicable and reimburse the difference; or

10.3.2 if the Goods have been under-priced, contact the Buyer as soon as is reasonably practicable and invite the Buyer to place an Order for the Goods at the revised price and in the event that the Buyer declines to place an Order at the revised price the Seller shall be entitled to refuse to accept the Buyer's Order at the under-priced Price and shall reimburse the Price to the Buyer and the Seller shall have no further liability to the Buyer.

10.4 Whilst the Seller believes that all specifications, illustrations, performance data and other information contained in any drawings, advertisements or other specification supplied by the Seller on the Site are as accurate as reasonably possible, they do not constitute a description of the Goods and shall not be taken to be representations made by the Seller and are not warranted to be accurate and all statements made in such documents have no legal effect.

10.5  The Buyer shall not copy or otherwise reproduce any drawing, advertisements or other documents supplied by the Seller without the Seller’s prior written consent.

11. Changes and Alterations

The Seller reserves the right to change or amend the contents of these Conditions at any time and for whatever reason provided that notification and details of any changes are posted on the Site and such changes shall be effective 14 days after such posting.

12. Export

Where the Goods are supplied for export from the United Kingdom the Buyer shall be responsible for complying with any legislation or regulations governing the importation of Goods into the country of destination and for the payment of any duties on them. 

13.  Risk and Property 

13.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon the delivery of the Goods to the Delivery Address.

13.2 Notwithstanding delivery of the Goods, or any other provision of these Conditions, ownership of the Goods shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the Price and the Charges.

14.  Warranties and liability

14.1 The statutory rights of the Buyer are not affected by these Conditions.

14.2  Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

14.3  Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by the Buyer and in any event and so far as is permitted by law the entire liability of the Seller under or in connection with the Contract shall not exceed the Price.

14.4  In no circumstances shall the Seller be liable for any economic loss or damage suffered by the Buyer howsoever caused which for the avoidance of doubt shall be taken as including any loss of profits, business revenue, business interruption, goodwill, anticipated saving, overhead and labour costs, loss of business information or other pecuniary loss (even where the Seller has been advised of the possibility of such loss or damage).

14.5  No warranty is given as to the accuracy of any information on the Site, and the Seller reserves the right to modify or discontinue at any time the Site without liability to the Buyer.

15.  Data Protection

The Seller acknowledges its duties and obligations under the Data Protection Act 1998. In placing an Order the Buyer agrees that the Seller may use any personal information obtained about the Buyer as a result of the Contract (including, but not limited to, any information or details the Buyer may supply relating to the Order) in accordance with the privacy policy set out on the Website.

16. Customer Restrictions

16.1 The Seller welcomes guardians buying products on behalf of younger customers.  However, Orders are not accepted from people under the age of 18.   By placing an Order the Buyer represents that he/she is over 18.

16.2 The holder of the credit or debit card used by the Buyer will be fully liable for all sums charged by the Seller and by placing an Order the Buyer warrants that he/she is the named holder of the credit or debit card used.  All credit or debit cards will be subject to authorisation by SJCW and SJCW reserves the right to refuse to accept any Order if it cannot satisfactorily authorise any payment from the debit or credit card.

17. Force Majeure

Without prejudice to the generality of the foregoing conditions, the Seller shall not be liable to the Buyer for any loss or damage caused by the non-performance or delay in the performance of any of its obligations hereunder and shall not be deemed to be in breach of the Contract if the same is occasioned by any cause whatsoever which is beyond the Seller’s control, including but not limited to acts of God, war, civil disturbance, terrorism, requisitioning import or export regulations, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown and machinery fire, or accident.  Should any such event occur the Seller may cancel or suspend the Contract without incurring any liability for any loss or damage thereby occasioned.

18.  Contracts (Rights of Third Parties) Act 1999

Except as expressly provided in this Agreement, a person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Contract provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.

19.   Entire Agreement 

19.1  These Conditions contain the entire agreement and understanding of the parties in connection with the Contract.

19.2  In particular (but without prejudice to the generality of the other provisions of this clause) each party acknowledges to the other that it has not been induced to enter into the Contract nor relied upon any representation or warranty other than the representations and/or warranties expressly set forth in these Conditions.  This acknowledgement shall not apply to any misrepresentations and/or breaches of warranty which constitute fraud.

20. Variations

No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties to the Contract.

21.Severability

If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.

22. Resolution of Disputes 

22.1 The parties shall attempt to resolve any dispute arising out of, or relating to, this Agreement through the mediation service provided by Software Research Limited, operators of the "Safebuy" scheme in accordance with the rules and procedures of that scheme. 

22.2 If the dispute is not resolved through mediation in accordance with clause 22.1, the Buyer may propose that the parties attempt to resolve the dispute in good faith through the alternative dispute resolution procedure provided under the EEJ-NET scheme run by the Chartered Institute of Arbitrators ("ADR"). 

22.3  Both parties reserve all their respective rights to take action in accordance with clause 23 in the event that no agreed resolution is reached by using the ADR procedure  

23. Governing Law 

These Conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.   Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales but nothing in this clause 23 shall affect the parties' right to use the dispute resolution procedures set out in clause 22.