Terms & Conditions

Welcome to the terms and conditions of use for www.acotisdiamonds.co.uk
www.acotisdiamonds.co.uk is operated by Acotis Limited (company registration number 10841914).

Our contact details are as follows:
Acotis Jewellery, 21 High Street, Tettenhall, Wolverhampton, WV6 8QS
Web Address: www.acotisdiamonds.co.uk
Telephone number: 01902 742444

These terms and conditions contain important information regarding your legal rights, remedies and obligations and it is therefore important that you take your time to read these terms thoroughly and familiarise yourself with the contents.

 1. INCORPORATION & INTERPRETATION

1.1 Incorporation

1.1.1 As a user of this Website you acknowledge that your use of Acotis.co.uk including any transactions you make and any products, software and services provided to you on or from the Website by Acotis from time to time is subject to the terms and conditions set out below.
1.1.2 By accessing or using the Website you signify that you have read, understood and agree to be bound by these terms and conditions. If you do not accept any of the terms you should leave the Website immediately.
1.1.3 We reserve the right to alter these terms and conditions at any time and without advance notice. Any such changes will take effect when posted to this page and the date at which the terms and conditions were last revised will be published at the top of this page.
1.1.4 It is your responsibility to read the terms and conditions and also our Privacy Policy on each and every occasion you use the Website and your continued use of the Website after the revised terms have been published shall signify your acceptance to be bound by the latest terms and conditions.

It is therefore important that you continually check this page for updates to these terms and conditions.

1.2 Interpretation

In these terms and conditions, unless context otherwise requires:

1.2.1 "Acotis", "we", "us", "our" means Acotis Limited (company registration number 10841914) whose registered office is at 21 High Street,Tettenhall,Wolverhampton WV6 8QS;
1.2.2 "Website" means www.acotisdiamonds.co.uk and any products, software and services provided on or from the Website;
1.2.3 "Working Days" means every day of the year except Saturdays, Sundays and English statutory public holidays;
1.2.4 "You", "your" means the person using the Website

2. SHOPPING

2.1 You can order products that are displayed on this Website by:
2.1.1 Browsing through the product range on this Website and adding any items you wish to buy to your shopping basket. Once you have completed your selection, proceed to checkout where you will be asked to provide your postal and billing address and your payment details.
2.1.2 Telephone by calling Acotis on 01902 742444.
2.2 At the time of placing your order you will be asked to confirm that you have read and understood these terms and conditions. Your order represents an offer to Acotis to purchase a product in accordance with these terms and conditions. All orders are subject to acceptance by Acotis.
2.3 Upon receipt of your order, we will send you an email to acknowledge your order including details of the product, quantity, price and delivery price. This email is not an acceptance of your offer.
2.4 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment card will be debited for your order on the day that we dispatch the goods. Once payment has been received by us and the items have been dispatched for delivery we will send you an email to confirm that your order has been accepted. Our acceptance of your order brings into existence a legally binding contract between you and Acotis.
2.5 Acotis reserve the right to refuse any order. For example, we may refuse your order if (without limitation):
2.5.1 the product you have ordered is out of stock;
2.5.2 we do not receive full payment of your order;
2.5.3 one or more of the goods you ordered was listed at an incorrect price or there is an error on the Website as to the description or any other details of the item ordered.

3. PRICING & POSTAGE

3.1 The prices payable for goods that you order are as set out on the Website and are inclusive of VAT where applicable.
3.2 Delivery by first-class royal mail to addresses in England, Wales, Scotland or Northern Ireland is completely free of charge unless otherwise stated in the product details.
3.3 Deliveries to any address outside of England, Wales, Scotland or Northern Ireland will incur an additional charge of £5.99.
3.4 Alternative delivery options are available. Click here for prices.
3.5 Acotis reserves the right not to deliver to an address which, in our reasonable opinion, is not secure. You will be contacted as soon as possible to arrange an alternative place for delivery.
3.6 If one or more of your items was listed at an incorrect price, we will notify you as soon as possible and you will have the option of purchasing the goods at the correct price or cancelling your order. If we do not receive a response from you within 5 Working Days we will cancel this item from your order.
3.7 All promotions and offers advertised on the Website are subject to availability. We reserve the right to change any promotions or offers at any time and there will be no cash alternatives.

4. PAYMENT

4.1 All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion.
4.2 We accept payment from the following major payment card company's
4.3 Acotis cannot guarantee the security of any data which you send to us by email. Please do not send any payment information by email.

5. DELIVERY

5.1 All estimated time scales for delivery are set out in our Website. All delivery times quoted on the Website are estimates only and are based on Working Days.
5.2 For orders accepted before 4p.m on any Working Day, Acotis will endeavour to process and dispatch your item on the same day, subject to availability. Where items are dispatched using first-class royal mail, we estimate that your items will arrive within 5 Working Days of dispatch.
5.3 All items will be delivered to the address(es) you provide to Acotis at the time of placing your order.
5.4 Every effort shall be made to deliver within the estimated timescales, however all delays are occasionally inevitable due to unforeseen factors and all products are subject to availability.
5.5 If it is not possible to deliver an item of your order within the estimated timescales, you will be notified as soon as possible. In the meantime, we will continue to process the remainder of your order (where applicable). Where an item becomes permanently out of stock we will notify you and cancel this part of your order (where applicable).
5.6 You will become the owner of the goods when they have been delivered to you. Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6. CANCELLATION

6.1 Your right to cancel - before dispatch
6.1.1 You can cancel your order at any time before we dispatch your item(s).
6.1.2 To cancel your order you must notify us either by:

(a) contacting our Customer Service Team on 01902 742444. You will need to provide us with your full name, address and order reference number; or
(b) emailing us at info@acotisdiamonds.co.uk stating your intention to cancel and attaching a copy of the acknowledgment email that you received from us.

6.2 Your right to cancel - following dispatch
6.2.1 Once we have dispatched your order there is a legally binding contract between you and Acotis. You may cancel your contract with us for the goods you order at any time up to the end of the 30th day from the date you receive the ordered goods. This period includes any statutory cooling off period. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
6.2.2 To cancel your contract you must notify us either by:

(a) contacting our Customer Service Team on 01902 742444. You will need to provide us with your full name, address and order reference number; or
(b) emailing us at info@acotisdiamonds.co.uk stating your intention to cancel and attaching a copy of the acknowledgment email that you received from us.

6.2.3 Subject to clause 6.2.9, if you have received the goods before you cancel your contract then you must send the goods back to our contact address shown above at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
6.2.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you within the cooling off period specified in clause 6.2.1 and received by us in the condition they were in when delivered to you.
6.2.5 It is your duty to keep the goods in your possession and to take reasonable care of them until you return them. For the purposes of clause 6.2.4, all returned items must be returned in their original condition in undamaged packaging, with all labels and tags attached and, in the case of earrings and pierced items, subject to the condition at clause 6.2.6.
6.2.6 In the case of earrings and pierced items these will be delivered in sealed hygiene packaging. For hygiene reasons Acotis cannot accept the return or exchange of any earrings or pierced items when the items have been removed from the sealed packing or where, in the reasonable opinion of Acotis, the sealed packaging has been tampered with. This does not affect your statutory rights.
6.2.7 If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6.2.8 Please complete the Returns Form received with your item and include this with your returned parcel.
6.2.9 If you received a free gift with your order but cancel your contract in accordance with clause 6.2.1 or 7.1 below, you must return both the item you paid for and the free gift. This does not affect any of your statutory rights.
6.2.10 Where you have purchased an item at a reduced price, any returned item will be refunded at the discounted price paid.

7. LIABILITY

7.1 Faulty, Incorrect or Damaged Goods

7.1.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you:

(a) notify us in writing at our contact address of problem within 10 Working Days of delivery of the goods in question; or
(b) where you can show that it was not reasonably possible to give such notice within the above period, you give notice to us in writing at our contact address of the problem in a period which is reasonable in the circumstances.

7.1.2 Provided we receive notification of the problem in the time limits prescribed by clause 7.1.1, we will (at your option) replace or exchange any such goods, or refund to you the price paid including all delivery charges.
7.1.3 Faulty, incorrect or damaged goods must be returned to us within 15 Working Days of delivery. We will reimburse any costs incurred in returning the goods to us.
7.1.4 Any refund for faulty, incorrect or damaged goods shall be made within 30 days of the date of return of the goods.

7.2 Delivery

7.2.1 If you do not receive goods ordered by you within 15 days of the date of dispatch, Acotis shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date of dispatch.
7.2.2 If you notify a problem to us under this condition, our only obligation will be (at your option) to make good any shortage or non-delivery or refund to you the amount paid by you for the goods in question in whatever way we choose.
7.3 Exclusion of Liability
7.3.1 Due to the nature of some of the products we sell occasionally the true colours and/or appearance of the products cannot be accurately depicted on this Website and do not exactly reproduce the appearance and/or colours of the product. The product dimensions provided are intended to give an approximate indication of the size of the product. If you are unhappy with your order please refer to the rights under clause 6 ("Cancellation") of these terms and conditions.
7.3.2 To the fullest extent permitted by law, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence for any indirect special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this Website or the supply of the products. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6 ("Cancellation") or 7 ("Liability") above.
7.3.3 The importation or exportation of certain of our goods to you may be prohibited by certain national laws and Acotis make no representation and accept no liability in respect of the export or import of the goods you purchase. You must therefore observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.
7.3.4 It is your responsibility to ensure that you read and follow all manufacturers' or other guidance provided with our products.
7.3.5 Our entire liability under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
7.3.6 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
7.3.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or that of our employees or agents.

8. DISCLAIMERS

8.1 Content

8.1.1 The Website may become temporarily unavailable from time to time for maintenance or for other reasons. We do not represent or warrant that the Website will be accessible at all times nor that your use of the Website will be uninterrupted, or timely.
8.1.2 Acotis make no warranty that the contents of the Website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
8.1.3 Acotis is providing this Website on an 'as is' basis and makes no representations or warranties of any kind express or implied statutory or otherwise with respect to this Website or its contents and disclaims all such representations and warranties. In addition, Acotis makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Acotis howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
8.1.4 Neither Acotis nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website including (without limitation) loss of content or material uploaded or transmitted through the Website or action taken in reliance on material or information contained on the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
8.1.5 We reserve the right to modify or withdraw (temporarily or permanently) this Website (or any part thereof) with or without notice and we shall not be liable to you or any third party for any such modification or withdrawal.
8.1.6 The Website may contain hyperlinks to other third party websites which are not owned or controlled by Acotis. We do not control these websites and assume no responsibility for their content. Any such links are merely as a service to users of the Website and their inclusion in the Website does not constitute an endorsement by or affiliation with Acotis or represent that we have checked or monitored for accuracy or appropriateness. We are not, and you acknowledge and agree that Acotis are not responsible or liable, directly or indirectly for:

(a) the privacy practices of such websites
(b) the availability content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
(c) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

For this reason we encourage you to review the terms and conditions and any privacy policies of any third party websites.

8.2 Intellectual Property Rights

8.2.1 Unless otherwise expressly stated, the intellectual property rights including copyright, database rights or similar rights in all material presented on the Website (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) are owned, controlled or licensed by Acotis or our affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights.
8.2.2 The copying, modification, reproduction, distribution, or incorporation into any other work or part or all of the material available on this Website in any form is prohibited save that you may:

(a) copy, print or download extracts of the material on this Website for your own personal non-commercial use;
(b) copy, print or download the material on this Website for the purpose of sending to individual third parties for their personal non-commercial information provided that you acknowledge Acotis as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

8.2.3 Nothing on the Website or your use thereof shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of Acotis, their affiliates or any third party, whether implied or otherwise.
8.2.4 You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Website without our prior written consent save as expressly authorised by an agreement in writing between us, or where otherwise permitted under these terms and conditions.
8.2.5 No part of the Website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service, save where we have previously provided our written authorisation or where otherwise permitted under these terms and conditions.
8.2.6 Linking to the home page of the Website is greatly appreciated but written permission for using our name, logo and linking to the Website is required. Please contact info@acotisdiamonds.co.uk for permission. No deep linking or framing will be permitted without our prior written agreement. We reserve the right to revoke such permission at any time.
8.2.7 Save as permitted under clause 8.2.2, you may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the Website or use any of the materials for public performance or otherwise make commercial use of the Website or any materials located on it without our prior written consent.
8.2.8 The licence and permissions granted by this clause 8.2 will terminate automatically if you breach any of the terms of these terms and conditions and are revocable at any time by us without notice or cause.
8.2.9 Acotis hereby grant the operators of public search engines permission to use their automated systems but we reserve the right to revoke this permission either in individual instances or in its entirety by notice.

9. GENERAL

9.1 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from to time.

9.2 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

9.3 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.

9.4 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

9.5 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

9.6 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

9.7 Interpretation
In these terms and conditions, unless context otherwise requires:

9.7.1 Words importing any gender include every gender;
9.7.2 Words importing singular number include the plural number and vice versa;
9.7.3 Words importing persons include firms, companies and corporations and vice versa;
9.7.4 References to numbered clauses are references to the relevant clause in this Agreement;
9.7.5 Any obligation on a Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
9.7.6 The headings to the clauses and paragraphs to this Agreement are not to affect interpretation;
9.7.7 Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
9.7.8 Where the word 'including' is used in this Agreement, it shall be understood as meaning 'including without limitation'.

9.8 Contact Details