1.1 What these terms cover.
These are the terms and conditions on which we supply products to you.
1.2 Why you should read them.
Please read these terms carefully. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us.
2.1 Who we are.
We are Alan P. Fulton Ltd a company registered in Scotland with company registration number SC262341 and our registered office is at 14 Montgomery Street, Eaglesham, Glasgow, G76 0AS. Our registered VAT number is 652 9084 22
2.2 How to contact us.
You can contact us by telephoning 01355 302960 or by e.mailing, email@example.com.
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.
Our contract with you.
3.1 How we will accept your order.
Our acceptance of your order will take place when a non refundable deposit of a pre-determined minimum value has been received by us and either an in store receipt issued and or a confirmation email sent to you to accept it, at which point a contract will come into existence between you and us.
3.2 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order.
3.3 Payment of deposits and balances
All payments for deposits and or balances can be made in cash, by debit and or most credit cards or by BACS. Unfortunately we cannot accept payments by AmEx cards or by cheques.
4.1 Pricing of Orders.
As all items are handmade and due to the market forces which dictate the constantly changing prices of the precious metals and stones we supply and use, it is impossible to give an accurate quotation. Any price given in the first instance, and before any order proceeds, is only an estimate and valid for 7 days. Due to market forces and the nature and complexity of some handmade products we do reserve the right to increase this price by up to 15%.
4.2 Products may vary slightly from the original picture or design.
The images of the products on our website are for illustrative purposes only. Due to the nature of our business in hand making each individual item with differing shapes, sizes and subtle hues of colour in stones and metals used, your item may vary slightly from images shown on our website. In our pre-order discussions and consultations we make every effort to be as accurate as is possible with the information of shapes, sizes, weights, dimensions, colours and qualities. If you have any queries with regard to the price, description or information on any of our products please contact us on 01355 302960.
4.3 Design & Product Copyright.
(a.) We will hold the copyright of all designs and products we produce and hold the rights to copy or create identical or similarly designed items in the future.
(b.) In the event of a design and product being a collaboration between the client and ourselves we will still hold the copyright and the right to create an identical or similarly designed item in the future.
(c.) In the event of a design being solely the creation of the client and a product created by us exactly to or very similar to the clients design we will still hold the copyright and the right to create an identical or similarly designed item in the future.
(d.) If, in the event of a client wishing to have an original ‘one off’ piece created, whether our design, a collaboration, or the clients design, this must be stated at the outset and before an estimate or quotation is given and before any deposit is paid. When this request is made, a premium will be applied to the price of the item and an assurance made in writing to the client the design will not be copied.
(e.) The value of the premium to be applied to a ‘one off’ request will be determined by the value of the item and the possible commercial value of the design.
4.4 Making sure your measurements are accurate.
If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. If you require any assistance please contact us on 01355 302960.
4.5 Projected completion dates for orders.
If you, the client, have a specific date that the product is required for, this has to be divulged to us in the first instance. At this time, and before proceeding with any order, we will inform you if this is, or is not, possible. If no specific deadline is required we will give you an approximate timescale for completion. Due to the nature of our business, the complexity of some of the works we undertake, the time and care afforded to each order to produce the exceptionally high standard of craftsmanship, it is not possible to give specific completion dates for every order.
Your rights to make changes.
If you wish to make a change to the product you have ordered you must contact us as soon as possible preferably by phoning 01355 302960. We will inform you at this point if the change or changes is or are possible. If it is possible we will let you know if the changes affect the price of the product, the projected completion date or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may wish to end the contract (see clause 8 “ Your rights” to end the contract)
Our rights to make changes.
6.1 Minor changes to the products.
We may change the product: to reflect changes in relevant laws and regulatory requirements; or to carry out minor adjustments for technical reasons and or improvements for aesthetic and or artistic reasons that were unforeseen at the time of designing. We deem the right to carry out such minor alterations without notifying you unless you stipulate otherwise.
6.2 More significant changes to the products.
If, for technical or aesthetic reasons, we have to make more significant changes to the product we will notify you to discuss before proceeding further with the order. You have the right to cancel the order at this point but will only have the deposit fully refunded if the changes are momentous enough to significantly change the look of the product and if no indication was given to you, by us, that this might be the case at the time of the order being made.
Providing the products.
7.1 Taking receipt of the product.
We will inform you by phone when the order is complete. If receipt of the product is by hand, in store, we ask that you arrange a time with us to uplift. You have the right to inspect the item thoroughly before any balance payment is made. If any minor adjustment is necessary this will be carried out either at the time or as soon as is possible at no extra cost. The balance payment will be taken in full once the product is deemed to be to your satisfaction and before it is removed from our premises.
7.2 Delivery costs.
Standard UK & Northern Ireland Delivery £5.00
UK & Northern Ireland: Royal Mail Special Delivery (next day) £10.00
Worldwide Delivery ( outside UK & Northern Ireland ) £20.00 GBP
7.3 Delivery by post or courier.
When the product has been completed we will contact you to inform you. At this stage the shipping arrangements will be discussed and agreed. A final balance payment including shipping fee will be taken before the product is shipped. Confirmation of the product having been shipped will be e.mailed to you along with any registration or tracking number.
7.4 We are not responsible for delays out with our control.
If the supply of the product is delayed by an event out with our control then we will contact you as soon as possible to let you know and we will endeavour to take steps to minimise any delay. Provided we do this we will not be liable for delays caused by any event out with our control.
7.5 When you become responsible for the goods or product.
A product will be your responsibility from the time it is delivered to the address you gave us or you collect it from us. We are still responsible for the product or goods while in transit if being shipped. Our responsibility ends as soon as the item is signed for and or delivered to the address given.
7.6 When you own the goods or product.
You own a product which is goods once we have received payment in full.
Your rights to end the contract.
8.1 You can always end your contract with us.
Your rights if you wish to end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
a. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or to get some or all of your money back), see clause 11;
b. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
c. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund but this may be subject to deductions.
d. In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Exercising your right to change your mind.
If you wish to change your mind and we are not at fault you can cancel the contract at any time. Any refund payable will be dependant on the value of the deposit paid. If this was the minimum deposit required at the time of ordering then no refund will be payable ( see 3.1 ).
If, however, a deposit larger than that of the minimum required was paid at the time of ordering you may be entitled to a refund which will be the balance between the deposit paid less the minimum deposit required plus the cost of any works carried out up to the time you inform us you wish to cancel the order.
8.3 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of personalised or engraved jewellery.
Once your order for personalised or engraved jewellery has been confirmed by email (Confirmation Email) you cannot change your mind. However if your item does not match the agreed specification you may be entitled to have the item altered at no extra cost. Please see clause 11
Cash refunds for a gift item can only be made to the payment card used to purchase the goods when a valid receipt accompanies the item. If you have received an item as a gift and either have no receipt or do not have possession of the original payment card we can exchange the item for something of similar or greater value ( the balance payment being made before the item is removed from our premises ), or provide you with a gift voucher for the value of the item. If you wish to return the gift item you have a period of 7 days from the estimated receiving date stated when purchase was made which will be noted on the receipt in which to return the item or notify us of your intention to return the item.
8.5 How long do I have to change my mind?
For orders of bespoke items where a deposit has been taken we can only grant you a 24 hour period to change your mind and receive a full refund. Any time after this, a payment of the minimum deposit quoted at the time of ordering plus work carried out will be withheld (see 8.2).
How to end the contract with us (including if you have changed your mind).
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
Phone or email. Call us on 01355 392960 or email us at firstname.lastname@example.org . Please provide your name, home address, details of the order, your phone number and email address
9.2. How we will refund you.
If a refund is due we will pay this by the method you used for payment. However, we may make deductions from the price, as described in 8.2.
9.3 When your refund will be made.
We will make any refunds due to you as soon as possible.
Our rights to end the contract.
10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we have incurred and those we will incur as a result of your breaking the contract.
If there is a problem with the product.
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone us on 01355 302960 or email us at email@example.com or in writing to: Alan P. Fulton Artisan Goldsmith, 14 Montgomery Street, Eaglesham, Glasgow G76 0AS.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights ” Goods “
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or callÂ 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases up to five years (Scotland); up to six years (England & Wales): if your goods do not last a reasonable length of time you may be entitled to some money back.
(See also Exercising your right to change your mind)
Price and payment.
12.1 The price of the product (which includes VAT) will be the price estimated and indicated to you at the time of ordering (see 4.1). However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we realise we have got the price wrong.
It is always possible that, despite our best efforts, the working out of an estimate for a bespoke item may be incorrect. If once the order has been confirmed, but before any work proceeds, the indication that the correct estimated price for the product should be greater than 15% more than the original estimate given (see 4.1), we will contact you for your instructions before proceeding.
12.4 When you must pay and how you must pay.
You must pay for the product before we dispatch them to you or if collecting in store before removing from our premises. (see clause 7)
Our responsibility for loss or damage suffered by you.
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 Exception to us being responsible for foreseeable loss or damage caused by us.
An exception to clause 13.1 is in the instance of mounting stones supplied by, or remodelling jewellery supplied by clients that contain stones. As all stones have fissures and inclusions of differing natures and to a greater or lesser degree, working with and or setting can be problematical. Although we are highly skilled and do take the greatest of care we do not take responsibility for any damage that may occur. All works with stones supplied by you the client will be carried out at your own risk.
13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.4 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information.
14.1 How we will use your personal information.
We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms.
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 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. 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.
15.3 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.
15.4 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.
These are the terms and conditions of Alan P. Fulton Ltd.