Welcome to Rocks & Co. | Home | Login / Register | Basket (0 items) | My Account |
SEARCH:

ROCKS & CO. TERMS AND CONDITIONS OF SALE

These terms and conditions tells you the terms on which we supply to you any of the products (Products) listed on our website www.rocksandco.com (our site) or ordered by you on the telephone. Please read carefully and understand these terms before ordering any Products from us. By ordering any of our Products, you agree to be bound by these terms.

If you have difficulty in understanding any of these terms or have any other queries, please contact our customer services team at customerservices@rocksandco.com, who will be happy to assist.

 

1

ROCKS AND CO.
 
www.rocksandco.com is a site operated by Rocks and Co. Productions Limited. We are registered in England and Wales under company number 06662909 and with our registered office at Rocks and Co. Productions Limited, Insight House, Blick Road, Heathcote Industrial Estate, Warwick, CV34 6TA, email address customerservices@rocksandco.com. Our main trading address is Rocks and Co. Productions Limited, Insight House, Blick Road, Heathcote Industrial Estate, Warwick, CV34 6TA.
 

2

USE OF ROCKS & CO.

2.1
Our site is only intended for use by people resident in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. We do not accept orders from individuals outside these countries, unless otherwise agreed by us in writing. Please note that we may be unable to deliver to certain Scottish Isles.  
 
2.2 Our site may not be used by persons under the age of 18 years or by temporarily or indefinitely suspended users. By placing an order through our site, you also warrant that you are placing the order as a consumer, i.e. an individual acting outside his or her business. If we discover that you have not complied with the above warranty or conditions or use, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
 

3

ORDERS BY TELEPHONE / WEBSITE

3.1
You may order Products either by telephone or by our site. Our call centre is open 7 days a week between 9:30am and 12am. Calls to our 0800 numbers are free from landine's. Charges may be incurred with some phone service providers i.e. mobile networks. Call charges to our 0844 numbers are charged at 5p/min at any time from BT landline and may vary with other service providers. Any indication of costs given by us is therefore a guideline only.
 
3.2 We have a ceiling limit on the value of orders that can be accepted when ordering through our site. If you experience any problems when ordering from our site, our customer services team will be more than happy to take the order over the telephone.
 

4

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1
Your order for a Product constitutes an offer to buy the Product and all orders are subject to acceptance by us. We reserve the right to reject any order for any reason whatsoever. 
 
4.2 Typically, after placing an order, you will receive an e-mail from us confirming that we have accepted your order and that the Product is ready for or has been dispatched (Order Confirmation). In some instances (for example where you have not provided an email address), you will not receive an Order Confirmation, but we will confirm the information set out below in the invoice and paperwork accompanying your dispatched order. The contract between us (Contract) will only be formed when we send you the Order Confirmation (or where we do not send an Order Confirmation upon delivery of the Product to you), which will set out the following information:
 
  4.2.1 description of the Product ordered;
 
  4.2.2 the price of the Product ordered (including delivery and any packaging charges), including all VAT and other taxes;
 
  4.2.3 confirmation of the arrangement for payment, delivery and performance of the Order;
 
  4.2.4 details of your right to cancel the order (see further at paragraph 5 below);
 
  4.2.5 the period for which the offer or price remains valid;
 
  4.2.6 contact details for any complaints; and
 
  4.2.7 any after-sales services and guarantees.
 
  4.2.8 The contract between us will differ for Creation products. Please click on the link for Creation T&C's http://www.rocksandco.com/creation
 
4.3 The Contract will relate only to those Products whose dispatch (or readiness for despatch) we confirm in the Order Confirmation. We will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
 

5

RETURNS OR CANCELLATIONS
 
Defective Products
 
5.1 In accordance with your statutory rights, you may reject any Product which is faulty or which does not conform to the quantity, quality, standards or description shown on your order (if shown) and which you reasonably expected, within a reasonable time from delivery. This right of rejection is in addition to any other statutory rights you may have under the Sale of Goods Act 1979 or otherwise in relation to any Product after such period of time. All such rights are expressly not excluded.
 
5.2 We emphasise that due to the nature of the jewellery products which we supply, it will rarely be the case that Products conform exactly to images on our site. Images on our site are generic and no two gemstones are the same. For this reason, you acknowledge that the quality, standards and description of the Products shown on your order cannot be exact and should be relied upon for guidance purposes only. Your ability to return Products under paragraph 5.1 will be judged on this basis.
 
5.3 Please also note that some gemstones in our Products have been enhanced to improve their appearance, durability, value or availability through processes other than cutting. You can learn what enhancements are applied as well as any special care instructions at http://www.rocksandco.com/?task=rocksLibrary&action=gemstoneEnhancement. This will of course affect the description, quality and standards of any Product which you order.
 
  Cancellation
 
5.4 A number of our Products are bespoke and are either made to your specifications or clearly personalised. Where your order is for such a Product, you do not have any right to cancel the Contract.
 
5.5 Subject to paragraph 5.4, you may cancel the Contract at any time from the date of the Contract up to the expiry of the seventh (7th) working day after the day of receipt of the Product by you or the person specified by you for delivery, provided that you inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1 or by email to customerservices@rocksandco.com.
 
5.6 In all cases where you wish to return a Product (whether a cancellation or for being defective), you must:
 
  5.6.1 take reasonable care of it at all times until it is returned to us;
 
  5.6.2 not have broken or disturbed any seal or security packaging protecting a Product and all identification tags must remain intact. This is part of your duty to take reasonable care of a Product prior to cancellation and we require this purely for hygiene reasons, particularly in the case of earrings. You may remove all other packaging. All seals and security packaging are designed in a way that you have a reasonable opportunity to inspect and assess any Product in full without removal of seals, security packaging or identification tags (whichever is applicable); and
 
  5.6.3 take reasonable care to see that they are received by us and not damaged in transit.
 
  Refunds
 
5.7 When you return a Product to us (for instance, because you have cancelled the Contract between us or because you claim that the Product is defective), we will examine the returned Product and will only notify you within a reasonable time if we cannot refund the item due to breaking the Terms and Conditions.
 
5.8 We will process any refund due to you within 30 days of the day we received your cancellation.
 
5.9 Refunds will be given on the following basis:
 
  5.9.1 where you have validly returned a Product under your right of cancellation described in paragraph 5.4, we will refund the full amount paid by you for the Product, including the cost of delivery to you. You will be responsible for returning the Product to us at your own cost;
 
  5.9.2 where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product if a repair or replacement in the first instance and in that order is not possible (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product; and
 
  5.9.3 where you have returned a Product in circumstances other than paragraphs 5.9.1 and 5.9.2 above (which includes rejecting a defective Product more than a reasonable time after receipt), any repair, replacement or refund (in that order) will be at our discretion. If we do agree to provide a repair, replacement or refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.
 

6

AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your order, unless there are exceptional circumstances. If a Product (or substitute product) is unavailable so that we cannot deliver it to you within 30 days of your order, we will contact you and either agree a later delivery date or permit you to cancel the Contract, in which case we will refund all monies paid in accordance with our refunds policy. Products that are dispatched by our nominated carrier will require a valid signature as proof of delivery.
 

7

RISK AND TITLE

7.1
The Products will be at your risk from the time of delivery. 
 
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
 

8

PRICE AND PAYMENT

8.1
The price of any Products will be as quoted on our site at the time of your order, except in cases of obvious error.
 
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide http://www.rocksandco.com/?task=customerService&action=delivery.
 
8.3 Payment for all Products must be by credit or debit card. We accept payment with Switch, Mastercard, Delta or Visa. We do not accept payment by cheque.
 

9

NOMENCLATURE
 
The World Jewellery Confederation (CIBJO or Confédération Internationale de la Bijouterie, Joaillerie, Orfèvrerie, des Diamants, Perles et Pierres) is the organisation that records accepted trade practices and nomenclature for the global gem and jewellery industry. We are bound by the codes of conduct of the British Jewellers' Association and the International Coloured Gemstone Association, both of whom are members of CIBJO. These Associations' websites are www.bja.org.uk and www.gemstone.org respectively, where you can find further information on these codes of conduct. While we sometimes use our own prefixes to describe a gemstone's origin, colour or quality, these do not conflict with accepted trade practices.
 

10

OUR LIABILITY

10.1
If we breach these terms and conditions we will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and us at the time of the Order Confirmation.  
 
10.2 Any manufacturer's warranty or guarantee applicable to the Product shall be in addition to any responsibility that we have to you under these terms.
 

11

WRITTEN COMMUNICATIONS AND NOTICES

11.1
We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights. 
 
11.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance with the details in paragraph 1 above. Notices to you may be given to the email address or the postal address provided when you placed your order.
 

12

EVENTS OUTSIDE OUR CONTROL
 
Neither of us shall be liable to the other for any delay or non performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control. This paragraph does not affect your statutory rights and in particular our obligation to perform the Contract within 30 days of order as set out in paragraph 6. Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
 

13

MISCELLANEOUS

13.1
If either of us does not insist upon strict performance of any of the other's obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
 
13.2 If the whole or any part of the terms of these terms and conditions prove to be illegal or unenforceable the remainder of the terms and conditions shall remain in full force and effect.
 

14

LAW AND JURISDICTION
 
Contracts for the purchase of Products through our site 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. The language of the Contracts shall be English.
 

15

MODIFYING TERMS AND CONDITIONS
 
We reserve the right to modify the Terms and Conditions at any time, with the latest copy available on our website.
Customer Service

Copyright © Rocks and Co Productions Limited 2013. All rights reserved.
Registered Address: Insight House, Blick Road, Heathcote Industrial Estate, Warwick, CV34 6TA, Company No. 6662909