1.            HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1.1          After placing an order, you will receive an email 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 a Commissioned Item.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Commissioned Item has begun production (Order Confirmation).  The contract between us (Contract) will only be formed when we send you the Order Confirmation. 

1.2          The Contract will relate only to those confirmed order Commissioned Item.  We will not be obliged to supply any other Commissioned Items that do not form part of the agreed specification for your order  where we have been provided with an email address, this will be confirmed in a separate order Confirmation.

1.3          Struthers has in place a policy of ethical sourcing of stones and other materials for the Commissioned Items.   However some countries have embargoes relating to the ban of certain stones or raw materials, such as Burmese rubies into the United States of America.  In certain circumstances a Commissioned Item may not be returned to Struthers due to similar embargoes by the EU or UK.  It is you responsibility to ensure that the Commissioned Item you are buying does not breach the rules applicable in the country to which the Commissioned Item is shipped so preventing us from supplying the Commissioned Item to you (and potentially incurring costs if the Commissioned Item is returned to us from the border), and that if required, it is capable of return to us in the UK as we are unable to offer you a refund.  If you have any doubts or queries, you should contact our customer sales team for further information and see 6.3 below.   

2.            OUR STATUS

2.1          We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.

If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or Citizens Advice Bureaux.

3.            CONSUMER CANCELLATION RIGHTS

3.1          If you are contracting as a consumer under the Regulations, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in clause 3.4. You will receive a full refund of the price paid for the Commissioned Items in accordance with our refunds policy (set out in clause 7 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation. If the Commissioned Items have been delivered to you, you may cancel at any time within fourteen days, starting from the day after you receive the Commissioned Items, or where the Commissioned Items are dispatched in stages, 14 days from the date you received the last delivery.

3.2          To cancel a Contract, you must inform us of the cancellation within the period stated above. We have also provided a cancellation form for your use, though you need not use the cancellation form provided. If you use the cancellation form provided, we will acknowledge receipt of your cancellation in writing. If the Commissioned Items have been delivered to you, you must also return the Commissioned Items to us as soon as reasonably practicable.  For orders within the UK, we will cover the cost of return.  Costs for the return of items from outside the UK may, at our entire discretion, be payable by the customer.  You have a legal obligation to take reasonable care of the Commissioned Items while they are in your possession.   

3.3          Please see our terms and conditions of business which contain important provisions relating to the return of certain Commissioned Items which contain stones or materials which may be the subject of UK or EU trade embargoes and which are therefore not capable of return.  In such circumstances, we are unable to offer a refund.

3.4          You will not have any right to cancel a Contract for the supply of any bespoke order or personalised item.

3.5          Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation.  This provision is in addition to and does not affect your other statutory rights as a consumer under the Regulations or under any other English or European law or regulation for the protection of the customer.

Save in respect of clause 6.3, this clause 6 only applies if you are contracting as a consumer.

4.            AVAILABILITY AND DELIVERY

4.1          The Commissioned items which we display cover a selection of designs available from us and our approved agents in the UK and Ireland. Whilst we make every effort to give you an accurate impression of our Commissioned Items, please note that images may not be to scale and colours shown are as accurate as internet and photographic technology reasonably allows.

4.2 Due to the bespoke nature of our work we welcome all customers to visit our studio in Birmingham to discuss the exact specification of their order.

4.3          Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 90 days of the date of the Order Confirmation, unless there are exceptional circumstances. 

5.            RISK AND TITLE

5.1          The Commissioned Items will be your responsibility from the time of delivery.

5.2          Ownership of the Commissioned Items will only pass to you when we receive full payment of all sums due in respect of the Commissioned Items, including delivery charges, where applicable.

6.            PRICE AND PAYMENT

6.1          The price of the Commissioned Items and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 

6.2          Item prices include VAT, where applicable.  However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Commissioned Item in full before the change in VAT takes effect.

6.3          Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order Confirmation.

6.4          Our site contains a range of potential designs with guideline prices and it is always possible that, despite our best efforts, some of the Commissioned Items listed on our site may be incorrectly priced.  We will normally verify prices as part of our Order procedures so that, where a Commissioned Item's correct price is less than our stated price, we will charge the lower amount when dispatching the Commissioned Item to you.  If a Commissioned Item’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Commissioned Item at the correct price, or reject your order and notify you that we are rejecting it.

6.5          If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we do not have to provide the Commissioned Items to you at the incorrect (lower) price even where we have provided a Order confirmation.

6.6          Payment for all online Commissioned Items can be made by either credit/debit card or by bank transfer. If you are paying by credit/debit card, we will obtain pre-authorisation from your issuing bank/credit company to apply the debit against you card and we will charge your credit or debit card 50% of the total price at the time of confirmed order and the balance when the product is dispatched. If the Item is not available, we will credit monies taken back to the card account from which they came.

If you are paying by bank transfer we will confirm receipt of payment with you once your funds have arrived in our bank account. We will then contact you to arrange shipment of the Commissioned Item. If the Item is not available, we will return monies taken to the bank account from which they came.

7.          OUR REFUNDS POLICY

7.1       If you return an Item to us:

(a)       if you are contracting as a consumer under the Regulations, because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you returned the Product to us. In this case, we will refund the price of the Item in full.

(b)       for any other reason (for instance, because you have notified us in accordance with clause 24 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Commissioned Item is defective), we will examine the returned Commissioned Item and will notify you of our findings and (where applicable) confirm your refund (or our reasons why we believe you are not entitled to a refund) via email within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Commissioned Item in full. Refunds will not be available where we reasonably find that the Commissioned Item has been damaged following delivery to you. For refunds not covered by the Regulations, where we accept that the goods are faulty, we may, at our discretion refund a proportion of the price where we find that the Commissioned Item has suffered wear and tear as a result of your possession of it. Please refer to your obligations contained in clause 10.3 below.

7.2       We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.

YOUR OBLIGATIONS

7.3       If you wish to return an Item to us, either under the rights provided by the Regulations or if you believe the Item is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Item is covered by our warranty, you should not make further use of the Item. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.

8.          WARRANTY

We warrant to you that any Commissioned Item purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which items of that kind are commonly supplied. 

9.          OUR LIABILITY TO A BUSINESS

9.1       Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

10       SUBJECT TO CLAUSE 7.3, WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS THAT FALL INTO THE FOLLOWING CATEGORIES EVEN IF SUCH LOSSES RESULT FROM OUR DELIBERATE BREACH:

(a)       loss of income or revenue;

(b)       loss of business;

(c)       loss of profits;

(d)       loss of anticipated savings;

(e)       loss of data; or

(f)        waste of management or office time.

However, this clause 7.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 7.2.

10.3       We do not in any way exclude or limit our liability for:

(a)       death or personal injury caused by our negligence;

(b)       fraud or fraudulent misrepresentation;

(c)       any breach of the terms implied by section 17 of the Consumer Rights Act 2014 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d)        defective products under the Consumer Protection Act 1987; or

(e)       any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

This clause 10 does not apply if you are contracting as a consumer. Please see clause 11.

11.          OUR LIABILITY TO A CONSUMER UNDER THE REGULATIONS

11.1       If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.

11.2       We only supply the Commissioned Item for domestic and private use. You agree not to use the Commissioned Item for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3       We do not in any way exclude or limit our liability for:

(a)       death or personal injury caused by our negligence;

(b)       fraud or fraudulent misrepresentation;

(c)       any breach of the terms implied by section 17 of the Consumer Rights Act 2014 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d)       any breach of the terms implied by sections 9, 10, 11, 13 and 15 of the Consumer Rights Act 2014 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)

(e)        defective items under the Consumer Protection Act 1987; and

(f)        any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

If you are contracting as a business, this clause 11 does not apply.  Please see clause 10.