1. These terms
1.1 What these terms cover. These are the terms and conditions which relate to our online service by which we may purchase precious metal and/or jewellery products from you.
1.2 Why you should read them. Please read these terms carefully before you submit any Jewellery or photographs of Jewellery to us. These terms tell you who we are, how we will provide our online service to you, how you are expected to supply your Jewellery to us, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are supplying Jewellery to us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to our purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2.Information about us, these terms and how to contact us
2.1 Who we are. We are Jollys (Mansfield) Limited a company registered in England and Wales. Our company registration number is 035655192 and our registered office is at 7 St John Street, Mansfield, Nottinghamshire, NG18 1QH. Our registered VAT number is 715816823.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07597 395361, by emailing us at firstname.lastname@example.org or by writing to us at 10-12 Market Place, Mansfield, Nottinghamshire, NG18 1HU.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 There are certain other terms and expressions that we will use in these terms, which shall have the following meanings:
- “Jewellery”: any single or multiple pieces of precious metal or jewellery products supplied by you to us for review and/or purchased by us pursuant to these terms;
- “our stores”: our retail jewellery stores as set out on Jolly’s Jewellers’ website at www.jollysjewellers.com;
- “our website”: our dedicated website for this Jewellery purchase service at www.sellmyjewellery.co.uk;
- “working days”: the days which our stores are open for business as set out on Jolly’s Jewellers’ website at www.jollysjewellers.com from time to time;
- “writing” or “written”: includes emails.
3. Order processing
Our purchase of your Jewellery will be dealt with in accordance with the following procedure:
“Stage 1”: Enquiry, eligibility and initial review.
3.1 You will submit a description of your Jewellery through our website including close-up quality photographs for us to review, together with your bank details for us to make payment to should we decide to purchase your Jewellery – you are responsible for ensuring that these bank details are correct.
3.2 Within seven working days of your submission we will review whether the Jewellery is eligible for our purchase scheme and whether we would like you to send the Jewellery in for further review. Whether we consider your Jewellery to be eligible for our purchase scheme is entirely at our discretion.
3.3 If we decide that your Jewellery is not eligible, we will confirm this to you and you must not send your Jewellery to us.
3.4 If we decide that your Jewellery is eligible, we will confirm this to you, assign a reference number to your enquiry, provide you with an indicative price at which we may be willing to make an offer to purchase your Jewellery (subject to further review) and ask you to send the Jewellery to us for examination.
3.5 For the avoidance of any doubt, any confirmation at this stage that your Jewellery is eligible for our purchase scheme and the provision of an indicative price does not constitute an offer by us to purchase your Jewellery at that price and any such offer or acceptance is subject to a further examination.
“Stage 2”: Further examination and confirmation of price.
3.6 If we decide that your Jewellery is eligible, you must use all reasonable endeavours to deliver your Jewellery either by post or courier to our Mansfield store or in person during opening hours to any of our stores within seven working days from the date of our email confirming the eligibility of your Jewellery for our purchase scheme.
3.7 The delivery of your Jewellery to our Mansfield store by post or courier is at your own risk and cost. We recommend that you obtain and keep a proof of postage receipt and insure your Jewellery for its full value. We cannot accept any liability for Jewellery going missing in the post whilst being delivered to us. If you deliver Jewellery to us in person at one of our stores, please ensure that you obtain a receipt from one of our staff.
3.8 By delivering your Jewellery to us, this shall be deemed to constitute an irrevocable offer by you to sell your Jewellery to us at the indicative price provided to you at Stage 1, which is capable of being accepted by us.
3.9 Within seven working days of receipt of your Jewellery, we will review and examine your Jewellery further and confirm whether we are willing to purchase your Jewellery.
“Stage 3”: Acceptance and purchase or decline and return.
3.10 If we are willing to purchase your Jewellery at the indicative price provided to you at Stage 1, we will confirm this to you in writing and this shall constitute our acceptance of your offer and a contract will come into existence between you and us for the purchase by us of your Jewellery at the indicative price provided to you at Stage 1. We will make payment against the purchase of your Jewellery within seven working days to the bank account, details of which you provided at Stage 1.
3.11 If we decline to purchase your Jewellery at this point, we will confirm this to you in writing and invite you to confirm whether you wish to collect your Jewellery from one of our stores. If we do not hear from you within seven working days or if you elect to have your Jewellery sent to you by post, we will return this to you by insured post at our cost. If you wish to collect your Jewellery from one of our stores, you must write to us to confirm this and then collect your Jewellery from the relevant store within seven working days, otherwise we shall return your Jewellery in the post as set out above.
3.12 We may consider that as a result of (i) us carrying out our further examination of your Jewellery; (ii) a change in the market price of precious metal or any other market price that we cannot control; or (ii) the description of your Jewellery not being accurate, we are not willing to purchase your Jewellery at the indicative price provided to you at Stage 1, but we may make a further offer to you at an alternative price, which shall constitute an offer by us to purchase your Jewellery at the stated alternative price. You may accept this offer within seven working days and any such acceptance will result in a contract coming into existence between you and us for the purchase by us of your Jewellery at the stated alternative price. If we make a further offer as described in this paragraph and you either reject that offer or we do not hear from you, we will invite you to confirm whether you wish to collect your Jewellery from one of our stores or have it posted back to you as described above.
3.13 We only provide this service in the UK. Our website is solely for the promotion of our service in the UK. Unfortunately, we do not accept submissions from addresses outside the UK.
4. Our obligations to you
4.1 When we become responsible for your Jewellery. Your Jewellery will be our responsibility from the time we receive it into one of our stores.
4.2 When we own your Jewellery. We will own your Jewellery once a contract has been formed in accordance with these terms.
4.3 We are not responsible for delays outside our control. If our service provision or payment is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a return of any Jewellery sent to us.
4.4 When we are liable for damage to your property. If we cause any damage to your Jewellery, we will make good any such damage. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your Jewellery that we discover while providing the purchase scheme services.
4.5 Collection by you. If you have asked to collect Jewellery from one of our stores, you can collect them from us at any time during our working hours which our stores are open for business as set out on Jolly’s Jewellers’ website at www.jollysjewellers.com from time to time, but please contact us prior to any such collection to ensure that your Jewellery will be available at the relevant store to collect.
5. Your obligations to us
5.1 Your Jewellery. Any Jewellery that you send to us in accordance with these terms must:
5.1.1 be your sole legal and beneficial property and you must have the sole right to sell it to us;
5.1.2 not be stolen goods;
5.1.3 not be subject to any obligation or right to any other person, for example, subject to outstanding finance;
5.1.4 be as described in your submission at Stage 1 above in all material respects;
5.1.5 be free from material defects in design, material and workmanship;
5.1.6 be the same Jewellery depicted in the photograph in your submission at Stage 1 above and in the same condition as shown in that photograph;
5.1.7 be fit for any purpose held out by you; and
5.1.8 be of satisfactory quality.
5.2 If we have agreed to purchase your Jewellery, you must do all things necessary to ensure that we can take ownership of it, including ensuring that anyone else that has any interest in the Jewellery does anything they need to do to make us the legal owner.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can provide our purchase scheme service to you. This information will be clear from these terms or we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 7.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. Your rights to end the contract
6.1 Ending the contract because of something we have done or are going to do. You may end a contract for a reason set out below immediately by giving written notice to us if you have notified us of the problem and we have not dealt with it within a reasonable time. We will return any Jewellery to you on receipt of any money that we have sent to you in relation to that Jewellery but you may also be entitled to compensation. The reasons are:
6.1.1 we have told you about an error in the price of the Jewellery proposed to be purchased by us and you do not wish to proceed;
6.1.2 there is a risk that any payment may be significantly delayed because of events outside our control;
6.1.3 we have suspended our purchase scheme service or notify you we are going to suspend it for technical reasons or a significant period of time; or
6.1.4 you have a legal right to end the contract because of something we have done wrong.
6.2 You do not have the right to change your mind, even if you are a consumer (Consumer Contracts Regulations 2013). The right to change your mind within 14 days does not apply to these terms or any contract created between us in accordance with these terms because you are supplying goods to us and the price of precious metals and any jewellery products is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within any cancellation period that would otherwise apply.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
7.1.1 have not complied with your obligations to us in paragraph 5;
7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the purchase scheme service to you;
7.1.3 you do not, within a reasonable time, allow us to deliver Jewellery to you or collect it from us.
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 7.1 we may return any Jewellery that you have delivered to us and you must return any money that we have paid to you. We may charge you compensation for the net costs we will incur as a result of your breaking the contract and you authorise us to sell any of your Jewellery that we continue to hold to cover any such costs on the basis that we will return any balance to you.
7.3 We may withdraw payment. If you have not complied with your obligations, we may write to you to let you know that we are going to stop any payment that would otherwise be due to you.
8. If there is a problem with our service to you
How to tell us about problems. If you have any questions or complaints about our precious metals and jewellery product purchase scheme, please contact us using the contact details in these terms.
9. How we may use your personal information
10. Other important terms
10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under any contract created by these terms.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.