Terms and Conditions
Welcome to jamessamson.co.uk
By accessing this website you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website. The www.jamessamson.co.uk website is provided solely for your personal use. You may not use this website for any commercial purpose.
References in these Terms and Conditions to "we", "us" and "James Samson" are to James Samson.
1. Online Shopping
1.1 Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.
1.2 By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
1.3 Visitors under the age of 18 should not register with this website or submit any information to us.
2. Acceptance of your Order
2.1 Shortly after you have placed an order with us by pressing the 'Place Order Button', an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from James Samson. Should you not receive an acknowledgement within 5 business days, please contact us via either the contact page or using the reply email address located in every email.
2.2 Acceptance of an order placed by you online and the completion of the contract between you and James Samson will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below.
2.3 Non-acceptance of an order may be a result of one of the following:
- The product you ordered being out of stock - see Product Availability
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Failure to meet the eligibility to order criteria set out in the Terms and Conditions
3. Order Cancellation
3.1 If you wish to cancel your order, please contact us via either the contact page or using the reply email address located in every email.
3.2 It may not always be possible to stop an order from being dispatched, as we endeavour to process orders immediately. If your order has already been dispatched please return the order following the instructions contained on the Returns Form (located on the back of your invoice). Please note that your right to return goods does not apply to certain products.
3.3 In order to change the details of your order, you must notify us within 30 minutes of your order being placed. After this time we are unable to amend your order as we endeavour to process orders immediately therefore we would request that you return the goods once they have been delivered.
4.1 Unwanted goods may be returned for a refund, within 14 days from receipt of items. Please follow the instructions on the Returns Form (located on the back of your invoice).
4.2 The following items may not be returned:
- personalised items or goods which have been made to a customer's specification;
- Earrings unless faulty.
4.3 Please ensure you return you return the goods to us in their original packaging as the goods are second hand without the packaging and we may not therefore be able to exchange them voluntarily.
4.4 Refunds will be made for the original purchase amount against the original form of tender.
4.5 When returning goods on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods.
4.6 None of the above terms affect your statutory rights or your rights under the Consumer Protection (Distance Selling) Regulations when goods are faulty or incorrectly supplied. In the unlikely event of this being the case please return the goods to us.
4.7 On receipt of items, we will pay any refund(s) due within 5 working days. We regret that we cannot be held responsible for non-delivery of returned goods.
5. Payment Methods
5.1 We only accept payment for orders in £ sterling.
5.2 We accept payment by American Express, JCB, Maestro, MasterCard, Visa and Visa Debit via PayPal. Bank transfers are accepted but you must seek authorisation from us first.
5.3 Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email.
5.5 Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5.6 Please note that James Samson does not accept cash or cheques as payment.
6. Pricing Policy
6.1 All prices shown on the website are in £ sterling and are inclusive of VAT, where applicable. Prices may change and offers may be withdrawn at any time.
6.2 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered, we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
7. Product Availability / Information
We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it, will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability.
If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
8. Delivery Information
8.1 Please note James Samson cannot guarantee specific delivery dates and therefore, please allow up to 5 working days for delivery within UK. This is subject to goods being in stock and payment authorisation. We are unable to guarantee delivery earlier than this time frame.
8.2 UK Delivery
Where possible, items are sent using a tracked courier service. The following delivery charges apply to UK addresses:
8.2.1 Free Delivery (3 - 5 working days) Free Delivery is available within the UK on all orders, excluding orders where delivery lead times are otherwise indicated within the product information for each individual item. All timings are subject to successful payment authorisation.
8.2.2 48 Hour (2 - 3 working days) 48 hour Delivery is available within the UK on all orders placed before 3pm - Monday to Friday, and costs an extra of £4.50 (including VAT). Orders placed after this time might not be sent using a 48 hour delivery service but you will still be charged. This postage option does excludes orders where delivery lead times are otherwise indicated within the product information for each individual item. All timings are subject to successful payment authorisation.
8.2.3 Next Day (1 working days) Next day Delivery is available within the UK on all orders placed before 3pm - Monday to Friday, and costs an extra of £7.00 (including VAT). Orders placed after this time might not be sent next day but you will still be charged. This postage option does excludes orders where delivery lead times are otherwise indicated within the product information for each individual item. All timings are subject to successful payment authorisation.
8.3 International [Non-UK] Delivery
International Delivery is available at a costs of £15.00 and your order should reach you within 10 to 15 working days. Should you require advice before placing an international please email us and we will be more than happy to assist you. This postage option does excludes orders where delivery lead times are otherwise indicated within the product information for each individual item. All timings are subject to successful payment authorisation.
8.4 Gift Wrapping James Samson offers a gift wrapping service. If you require this service, then please email us before ordering to ensure we can accommodate your requests within your time scale. Please note that you will have to allow up to 3 working days when purchasing this additional service. Currently, we do not offer a personalized message card service.
9. The Website
9.1 We may change the James Samson website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.
9.2 Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.
9.3 You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
9.3.1 retrieve and display the content of the website on a screen;
9.3.2 print copies of the content for your own personal use; and
9.3.3 store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
9.4 You may not use this website or its contents:
9.4.1 for commercial purposes;
9.4.2 for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (e.g. item listings, descriptions, prices);
9.4.3 to download (other than page caching) or modify the website, or any portion of it;
9.4.4 to interfere with or disrupt any network or website connected to this website or gain unauthorised access to other computer systems;
9.4.5 to interfere with the enjoyment or use of the website by any other person;
9.4.6 for any purpose which is unlawful.
9.5 In addition you may not, in relation to this website, use any:
9.5.1 data mining, robots, or similar data gathering and extraction tools;
9.5.2 framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the website;
9.5.3 meta tags or any other "hidden text" which uses our name or trademarks.
9.6 Using this website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
9.7 We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
9.8 You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
9.9 This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected by copyright, trademarks, database rights and other intellectual property rights.
9.10 This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website.
10. Liability and Indemnity
10.1 We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
10.2 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
10.3 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
11. Privacy and Communications
11.2 To fulfil our obligations to you under these Terms and Conditions, we communicate with you by email, phone and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
This website are controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website.
13.1 We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
13.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
13.3 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.
General Competition Terms and Conditions
The following terms and conditions to apply to competitions and prize draws unless otherwise stated:
15.1. Prize draws and competitions are not open to employees (and their immediate families) of James Samson, their agents, or anyone connected with the competition or prize draw in question.
15.2. Only one entry per person. Collective and/or proxy entries are not allowed.
15.3. All prizes are subject to availability and James Samson reserves the right to exchange them for items of equal or greater value.
15.4. Prizes are non-transferable and cannot be exchanged for cash.
15.5. An independent person will supervise the competitions and prize draws. In respect of prize draws, the winner(s) will be drawn at random from all valid entries received by the closing date. In respect of competitions, the winner(s) will be the entrant(s) who, in the opinion of independent judge, complete(s) the skill-based task in the most apt, impressive and appropriate manner (the judge's decision is final).
15.6. No correspondence will be entered into regarding the selection of the winner(s).
15.7. The winner(s) agree to have their name(s) published as winner(s) and to take part in any publicity arranged by or on behalf of James Samson in connection with the applicable prize draw or competition.
15.8. Prizes unclaimed after 60 days will be deemed to have been forfeited and James Samson reserves the right to offer the prize to another entrant.
15.9. The prize draws and competitions are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
15.10. James Samson reserves the right to amend these terms and conditions at any time in its sole discretion.
15.11. By entering a prize draw or competition, each entrant agrees to be bound by these terms and conditions.
15.12. By entering a prize draw or competition, you agree to receive email communications from James Samson with special offers, updates and promotions; we will not share your email address with any other 3rd parties.