1. Our Agreement with You
These are the only terms and conditions of our contract with you to the exclusion of all others except any which are in writing and signed by us.
Each order or acceptance of quotation for goods shall be deemed to be an offer by you to buy the goods subject to these conditions.
The description of the goods shall be as set out in our quotation or acknowledgement.
We can only estimate the time and date for delivery of the goods which cannot be made of the essence by notice. If no date is specified then delivery shall be within a reasonable time. We shall not be liable for any direct or indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the contract unless such delay exceeds 180 days. Our liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such goods.
3. Price and Payment Terms
Unless otherwise specified by us in writing, the price for the goods shall be the price set out in our price list published on the date of delivery or deemed delivery.
Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds.
You must make all payments due under the contract in full 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 us to you.
If you fail to pay us any sum due pursuant to the contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the goods. Until ownership of the goods has passed to you, you shall:
(a) hold the goods on a fiduciary basis as our bailee;
(b) store the goods (at no cost to us) separately and in such a way that they remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and
(d) maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us.
We shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from us.
5. Refund and Exchange Policy
We will be happy to offer a refund or exchange on goods returned within ten days of the date of purchase (twenty days for purchases from the 5th to the 24th December), subject to the following conditions:
• The goods have not been worn and are in the same condition as purchased, complete with all packaging and the purchase receipt.
• The goods have not been specially made to order, sized, or otherwise altered in any way.
• The goods are not sale merchandise.
Please note that certain jewellery items will require Head Office approval before a refund can be offered.
The decision as to whether to issue a refund or offer an exchange is entirely at the discretion of the Store Manager.
In the unlikely event that your purchase is found to be faulty, we shall either fully refund the purchase price, or repair the faulty item, or provide a replacement, or provide alternative goods to the same value. The decision as to which option is offered is entirely at the discretion of the Store Manager. If we comply with this condition we shall have no further liability to you
6. Our Liability to You
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
Nothing in these conditions excludes or limits our liability:
(a) for death or personal injury caused by our negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
(d) for fraud or fraudulent misrepresentation.
Subject thereto 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; and we shall not be liable to you for any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
We retain sole ownership of and will protect all rights in the design of our goods and packaging. You are not entitled to vary or copy these in any way.
You consent to us storing and processing personal data relating to you and your purchases.
Each of our rights or remedies under the contract is without prejudice to any other right or remedy whether under the contract or not.
If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
Our failure or delay in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract.
Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Pravins Ltd is registered in England and Wales, number 02792406.
Entry into the competition is deemed as acceptance of these terms and conditions. The ‘Share A Little Love’ competition is open from Thursday 31st January until Thursday 14th February inclusive. The closing date and time for entries is 12 noon on Thursday 14th February 2013. The prize is £500 worth of Pravins vouchers to spend in one of our boutiques on (or towards) the item of your choice.
Pravins gift vouchers are valid for 12 months from the date of issue. The gift voucher will be sent to the winner within 10 days of the competition closing. No changes to the dates or details (including names) will be permitted. No cash alternatives will be offered for any part of this prize. Pravins Ltd reserves the right to substitute the prize or any part of the prize (due to unavailability or for any other reason) with a different prize or part of the prize of equal monetary value. Gift Vouchers can only be redeemed against full price merchandise in our boutique store locations (not online) and cannot be used in conjunction with any other offer or as part of a credit agreement.
To enter the competition, send your representation of what love means to you (photo, video and text accepted) firstname.lastname@example.org. By sending this material to Pravins you are giving permission for Pravins to edit your material and post it on our social media channels e.g you can view your contribution alongside other inspirational love messages, photos and videos on the Pravins Facebook page. Pravins will not post any offensive material and reserve the right to refuse to publish any material deemed inappropriate or unsuitable. By entering the competition you are agreeing to receive promotional messages from Pravins. You may unsubscribe at any time. No third party or consumer group applications will be accepted.
The winner will be the first valid entry picked at rand by an independent person after the closing date and time. The winner will be notified on Valentines day Thursday 14th February. In the event that the winner cannot be contacted, does not respond within seven days, or whose entry is deemed to be invalid, the winner will forfeit their claim to the prize and a second winner will be drawn. This process will continue until a winner is contacted and confirmed. The judges’ decision is final and no correspondence will be entered into.
The competition is open to all mainland UK residents over the age of 18 years except employees of Pravins, agents and any other interested party, in the event of any dispute over eligibility or generally, Pravins’ decision will be final. The promoters are Pravins Ltd, registered at Chancellors House, Brampton Lane, London, NW4 4AB. The promoters reserve the right to amend these terms and conditions and to amend or withdraw the promotion as necessary due to circumstances beyond their control. Errors and exceptions omitted.