1.1 “Seller” is Banyan Jewellery Limited, Units 3 & 4 Riviera House, 26 Salisbury Road, Newton Abbot, Devon, TQ12 2DF. Registered in England and Wales. Company Reg No: 07495047. Registered office address: Units 3 & 4 Riviera House, 26 Salisbury Road, Newton Abbot, Devon, TQ12 2DF. VAT no: 881 1833 12.
1.2 “Buyer” means the individual or organisation that buys or agrees to buy Goods from the Seller for the purpose of their business, trade or profession and not for private use or consumption.
1.3 “Goods” means the articles the Buyer agrees to buy from the Seller.
1.4 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.5 “Contract” means a the contract between the Buyer and the Seller for the sale and purchase of Goods incorporating these Terms and Conditions.
1.6 “Mixed metals” means the group of materials used to create a piece of jewellery. The term includes pieces made from sterling silver/copper/brass and where stated gold plate on silver or gold filled wire.
2.1 Nothing in these terms and conditions shall affect the Buyer’s statutory rights.
2.2 These terms and conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyer’s acceptance of these terms and conditions.
2.4 The Seller supplies most jewellery without hallmark or other assay markings. It is the responsibility of the Buyer to hallmark jewellery in accordance with current hallmarking legislation. The majority of silver jewellery we supply will be stamped ‘92.5’ indicating it is of the purity of ‘Sterling Silver’.
2.5 Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these terms and conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where Goods ordered by the Buyer are not available from stock, substitute products can be offered, after consultation between the Buyer and the Seller.
4.Price and Payment
4.1 The price of the Goods shall be that stipulated on the website run by the Seller. Orders under £350.00 (ex VAT) will incur a processing charge. (This charge will include postal charges).
4.2 The total purchase price, including VAT and delivery charges if any will be displayed on the Buyer’s invoice.
4.3 The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered (or substitutes) can not be supplied and/or a different postage tariff has to be applied (i.e. for consignments in excess of 31kg or postings outside UK mainland).
4.4 Payment for Goods must be received and authorised/cleared before despatch unless another agreement has been made with the Seller.
4.5 The Seller reserves the right to request identification to verify any transaction(s) considered high risk and delay dispatch until such a time that the Seller has confirmation from both the Buyer and the bank that the transaction is not fraudulent.
4.6 The Seller accepts payment for orders by cheque, postal order or BACS bank transfer, Credit or Debit cards. Payment by Credit or Debit card may be subject to a surcharge which will be a maximum of 2.5%. Any applicable surcharge will either be detailed on the buyer’s invoice, explained verbally for payments made via telephone or detailed at the checkout stage of a purchase made via the website. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
4.7 In respect of Buyers paying by bank transfer, payment must be made to the Seller’s account. Bank details can be obtained by phone from the Seller. Cleared funds must be received by the Seller before Goods are despatched to the Buyer. Charges in respect of Bank transfers are the responsibility of the Buyer.
4.8 All payments are to be made by the Buyer in Pound Sterling.
4.9 All orders selected as ‘Payment on Collection’ remain at the discretion of management and the Seller reserves the right to contact the Buyer for payment prior to collection.
4.10 New Buyers and those who have not applied to the Seller for a Credit Account are expected to pay in advance for goods.
4.11 Buyers who have applied for and have approved credit accounts with the Seller shall pay the Seller within thirty (30) days of the date of invoice unless otherwise agreed by the Seller. In the event of late payment, the Seller may charge Statutory interest on the amount outstanding at the rate of eight (8) percent plus the Base Rate of the Bank of England in force from the due date until the date of payment.
4.12 If any amount of an invoice is disputed then the Buyer shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
5. Rights of Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the website at its discretion.
5.2 The Seller reserves the right to withdraw any Goods from the website at anytime.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the website or for refusing to process an order.
5.4 Goods remain the property of Banyan Jewellery Limited until they are paid for. The risk of the goods shall pass to the buyer on delivery but the ownership of the goods shall remain with the seller until full payment has been received from the buyer (each order being considered as a whole). In the event of non-payment the seller shall be entitled to repossess the goods and the buyer will allow access to their premises for this purpose.
6.1 For UK orders with a net worth of £750 and above, goods will normally be delivered by Special Delivery. This is a next day insured delivery service. For orders with a net worth below £750, goods will sent by Royal Mail 48 hour tracked service, unless otherwise specified.
6.2 Goods supplied outside European mainland will only be sent on discretion of the Seller and will be delivered within the times of the postal service arranged between the Buyer and the Seller.
6.3 The Seller reserves the right to alter delivery times without notice.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.
6.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery in accordance with the Sale of Goods Act.
6.6 In the event of Goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer.
6.7 Buyers who wish to use their own Courier or Freight Forwarder for the purpose of delivery are responsible for insuring Goods whilst in transit. The Seller’s liability for loss or damage will cease at the point of despatch.
7. Cancellation and Return Policy
7.1 The Buyer must inform the Seller by letter, telephone or email within 7 working days if they wish to cancel their order.
7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by telephone or email within 2 working days of delivery if Goods are defective or damaged or of an incorrect quantity. The Seller shall have no liability to make right the same if notification is not received within the specified time period.
7.3 The Seller will check that all items sent out meet the best possible standard and that no Goods are sent out damaged or faulty. Breakages or faulty items will be replaced on a like for like basis. Items which are unavailable will be replaced with an alternative item or a refund at the Seller’s discretion.
7.4 Return delivery charges will be refunded in the case of faulty items or items sent by the Seller in error. All other refunds of processing/postage charges are at the discretion of the Seller.
7.5 The Seller will process all returns within 30 days of receiving Goods in the condition in which they were sent.
7.6. The Seller is not liable for any Goods that have been damaged due to misuse or are returned without their original packing.
8.1 All images on this website remain the property of the Seller, expressed permission is required for any person(s) wishing to use them externally for whatever purpose(s).
9.1 No Waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10. Force Majeure
10.1 The Seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provisions eliminated.
13.1 The Seller is committed to protecting your personal information and will keep the information you supply safely and securely, in accordance with the Data Protection Act 1998.
13.2 The Seller collects information from Buyers for the purpose of processing an order or communicating with a Buyer. No credit card details are requested or stored by this website.
13.3 The Seller will never sell or share personal information with third parties unless it is required to fulfil an order, communicate with a Buyer or to fulfil another function to which a Buyer has consented.
13.4 If a Buyer has created an account on this website, the Buyer can check that the information the Seller holds is accurate by accessing their account online (the Buyer should enter their email address and password to log on and view their details). Buyers can check the information the Seller holds is accurate by contacting the Seller.
13.5 Access to this website is anonymous. This website uses a visitor tracking program to provide statistics regarding the number of visitors, pages accessed etc. This information is captured at a statistical level and no information is kept on individual visitors.
13.6 Cookies (small pieces of information that are created by a browser and saved to a computer’s hard drive) are stored by this website to control access to the ‘Shop’, manage items in the ‘shopping basket’ and process your order. All cookies stored by this website are deleted when the browser is closed or a Buyer ‘logs out’ of the website.
Most web browsers allow some control of most cookies through browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit All About Cookies.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
14. Changes to Terms and Conditions
14.1 The Seller is entitled to, or may be obliged to, update these Terms and Conditions. Any changes will be posted on this website. Unless required by law, modifications to these Terms and Conditions will not affect orders placed prior to the effective date of such changes.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.