Terms and Conditions

Phillips Jewellers Ltd, Unit 9a Rathfarnham Shopping Centre, Rathfarnham, Dublin, D14 W7Y7

When you buy Goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the Goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Information Centre.

Introduction
These Terms explain how you may buy Goods from the Site. You should read the following Terms carefully before buying any Goods. When buying any Goods you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any Goods unless we agree otherwise. If you have any questions about these Terms, please contact us by email on [email protected]

All orders for Goods and services from the Site are accepted by us subject to these Terms, which override and exclude any other terms stipulated or incorporated or referred to by the Customer whether in the order or during any negotiations or any course of dealing established between Phillips Jewellers and the Customer, and constitute the entire understanding between Phillips Jewellers and the Customer for the sale of Goods or the provision of any services relating to them.

These Terms are only available in English. No other languages will apply to these Terms.

Definitions
In these Terms, the following words have the following meanings:

'Additional Terms' has the meaning given to it in Clause 2.2.2;

'Confirmation E-Mail' has the meaning given to it in Clause 2.1.4;

'Contract' has the meaning given to it in Clause 2.1.4;

‘Good or Goods’ means the good(s) described in the Confirmation Email;

'Site' includes the following websites: phillipsjewellers.ie and all associated web pages;

'Specific Terms' has the meaning given to it in Clause 2.2.1;

'Terms' the terms and conditions set out in this document, any Additional Terms and any Specific Terms;

'We, us or our' means Phillips Jewellers Ltd, with company registration number 604615 having its registered office at Unit 9a Rathfarnham Shopping Centre, Rathfarnham, Dublin, D14 W7Y7; and

'You, your or Customer' means the person buying Goods from the Site.

Ordering Goods from the Site
The steps required to create the Contract between you and us are as follows:

You place an order on the Site by adding the selected Good(s) to your Shopping Cart and completing the online checkout process. The display of Goods on the Site does not constitute an offer to sell them as described, or to sell any goods at all. By completing the online checkout process, you are making an offer to buy which incorporates these terms.

When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.

We may send you an e-mail to say that we do not accept your order. This is typically for the following reasons:

• the Goods are not available;
• we cannot obtain authorisation of your payment;
• you are not permitted to purchase the Goods; and
• there has been an error by us on the pricing or description of the Goods.

We will only accept your order when we send you an e-mail that confirms this ('Confirmation E-mail'). At this point, a legally binding contract will be in place between you and us and at this point we will despatch the Goods to you ('Contract'). Any Goods on the same order which we have not confirmed in an order confirmation to have been despatched do not form part of that contract. We reserve the right to decline any order, without giving a reason.

When you order Goods from the Site, Specific Terms or Additional Terms or both may apply as follows:

Certain Goods that we sell may have specific terms and conditions that apply to it which are set out on the relevant webpage ('Specific Terms’);

We may also add to or replace these terms and conditions with additional terms and conditions ('Additional Terms'). This may happen, for example, for security, legal or regulatory reasons. We will e-mail to let you know if we intend to do this by giving you one (1) month’s notice. You may end the Contract at any time by giving one (1) month’s notice if we tell you that Additional Terms will apply to the Contract.

When you buy Goods from us under any Specific Terms or any Additional Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the Goods are of satisfactory quality, as described, and fit for their purpose. Nothing in any Specific Terms or any Additional Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Information Centre.

When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.

If you are less than 18 years old you may not purchase any Goods from the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian. Your use of and registration on the site is void where prohibited.

While we try to ensure that:

all weights, sizes and measurements set out on the Site are as accurate as possible there may be a tolerance of up to 10% in such weights, sizes and measurements; and
the colours of our Goods are as accurately displayed as possible on the Site the actual colours that you see on your computer may vary depending on the monitor that you use.

Any Goods sold at discount prices, as remnants or as substandard will be identified and be stated to be sold as such on the Site. Such Goods may not necessarily be in perfect condition so please check that they of a satisfactory quality for their intended particular use.

Unless otherwise stated, prices quoted are only valid during your browser session.

These Terms cannot be varied except by changes made by us on the Site, which we may make from time to time. Proposed changes to the Terms will be notified to you by an update on our Site and your use of the Site after such update shall be taken as your full acceptance of such changes.

Nature of the Goods and faulty Goods

The law gives you certain legal rights if any of our Goods are faulty. You have rights relating to refunds and to have such Goods repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights. If you want us to repair or replace the Goods or want a refund please e-mail or telephone, at the e-mail address and telephone number set out herein as soon as reasonably possible. Further information on your legal rights on faulty Goods can be obtained from your local Citizens’ Information Centre.

The packaging of the Goods may vary from that shown on the Site.

If you order Goods and we accept the order, we reserve the right to notify you at any time before delivery of the unavailability of the particular Goods ordered. You can then cancel the Contract and we will refund you all money paid in full. Alternatively, you can accept any equivalent product we offer to you.

If we experience difficulties in supplying certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We will try to e-mail to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

In the case of an item being unavailable to order from the supplier, we reserve the right to cancel your order and refund you in full within 5 working days of the order being placed. We will notify you by email if this occurs.

‘Cooling off’ period and your right to cancel the Contract

You have a legal right to cancel the Contract during the ‘cooling off’ period set out in this clause 4. During the ‘cooling off’ period if you decide that, for whatever reason, you no longer want Goods that you have bought you may tell us that you want to cancel the Contract and obtain a refund. Further information on your legal rights can be obtained from your local Citizens’ Information Centre.

Your rights to cancel the Contract do not apply in certain limited circumstances.

Your right to cancel the Contract starts from the date when the Contract is entered into in accordance with Clause 2.1.4 (ie when the Confirmation E-mail is sent by us). If you have already received the Goods, you have a ‘cooling off’ period of 7 working days when you may cancel the Contract. This 7 day period: starts to run the day after you receive the Goods; and includes only working days so does not include Saturdays, Sundays or any bank holidays.

Please contact us if you want to cancel the Contract. In order to exercise your right to cancel the Agreement and to return the Goods to us you must obtain cancellation authorisation by emailing us at [email protected] before returning the Goods. Goods must be returned to Unit 9a Rathfarnham Shopping Centre, Rathfarnham, Dublin D14 W7Y7 as soon as possible in their original condition with packaging complete and seals unbroken. The original tag must not have been tampered with and must still be attached to the Goods returned. You should also include a return note and proof of purchase

As soon as possible after you contact us to cancel the Contract (and, in any event, within thirty (30) calendar days), we will refund the price of the Goods. If you are cancelling the Contract and returning the Goods because of a defect or the Goods were not as described, we will also refund any reasonable costs that you incur in returning the Goods to us. Any refunds will be made on the debit card or the credit card which you used to pay for the Goods.

If you have already received the Goods (for example, if the Goods have been delivered to you) you must return them to us as soon as possible. You have a legal duty to keep the Goods in your possession, to take reasonable care of them and not to use them before you return them to us. Unless you are returning the Goods because of a defect or the Goods were not as described, you are responsible for the cost of returning the Goods to us.

We cannot accept responsibility for parcels lost in transit and you are strongly recommended to obtain proof of posting when returning items. Title and risk to the Goods shall only pass back to us once they are received by us.

No refund will be made until the Goods are returned to us. Goods should be returned to us within five (5) working days of you notifying us of your intention to cancel the Contract. Notifying us of your intention to cancel the Contract does not extend the time within which you can return the Goods to us (i.e. we must receive the Goods back within thirty (30) days of delivery to you).

If you wish to change or cancel a Contract after you receive the Confirmation Email, it may not always be possible to stop your order from being despatched, as we endeavour to process orders immediately. If your order has already been despatched please return the order and we will reimburse you.

Please note that your right to return goods does not apply to certain goods. For hygiene reasons we cannot exchange or refund earrings unless they are defective or faulty. Items engraved cannot be refunded unless they are defective or faulty.

Delivery

All prices quoted on the Site are exclusive of delivery charges, which are to be paid by the Customer.

The estimated date for delivery of the Goods will be set out in the Confirmation Email. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the Goods.

Delivery of the Goods will take place when we deliver them to the address that you gave to us. We use An Post to deliver our Goods to the delivery address provided by you, as stated in the Confirmation Email; if nobody is available to take delivery of the Goods, please e-mail or telephone at the e-mail address and telephone number set out herein so as to rearrange delivery. You will be responsible for the Goods when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the Goods) and you will own the Goods when we receive payment in full for it and any respective delivery charges.

We will use reasonable efforts to meet any delivery date, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused, including delays in meeting delivery dates caused by public holidays and/or bank holidays and/or acts of God arising in Ireland and/or elsewhere. Where you have ordered more than one (1) item, we may make delivery in one (1) or more installments.

Subject to clause 2.8, delivery charges for shipping to addresses in Ireland and Europe are as follows:

• €5.00 for delivery within Ireland, estimate 4-7days;
• €15.00 for delivery to the UK and Europe, estimate 5-9 days;
• €30.00 for delivery to all countries outside the EU 5-9days.
• Subject to clause 2.8, complimentary shipping in Ireland is available for orders in excess of €50.00.

Payment

Payment is collected from your credit/debit card at the same time that your Confirmation Email is sent, and before the Goods are delivered.

We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the Goods is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.

Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 4.

The price of the Goods:

• includes VAT at the applicable rate, unless they are expressly quoted as not including VAT. Any Items sold outside the EU will have the VAT deducted at the point of sale by us and the Customer will be liable for any taxes/import duties/charges incurred in their jurisdiction;
• does not include the cost of delivering the Goods; and
• is quoted in euro (€)(EUR).

End of the Contract

If the Contract is ended it will not affect our right to receive any money which you owe to us under the Terms.

Limitation on our liability

Except for:

• death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
  fraud or fraudulent misrepresentation; and
• breach of any of the provisions implied into these Terms under the Sale of Goods and Supply of Services Act 1980 (or any other law),

we will only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not under any circumstances responsible, by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise), for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.

No Other Liability

We will have no liability to you other than as described in clause 8, whether under these Terms or on any other basis including liability in tort as a result of the sale of the Goods and at all times our liability to you shall be limited to an amount not exceeding the price actually paid by you in relation to the Goods giving rise to the liability.

Non-Excludable Liability

Nothing in this these Terms shall operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a Customer.

Title and Risk

Title in the goods shall pass to the Customer when payment has been made under the Contract.

Risk in the goods shall pass to the Customer upon delivery of the goods.

Warranties

We warrant that:

• at the time of entry into the Contract, we will have title to sell the Goods to you; and
• the Goods sold to you will conform with the specification for them published by us or their manufacturer.

Remedy

Subject to clause 9, if we are in breach of the warranties given by us under clause 13, our liability shall be limited to:

• replacement of the Goods concerned; or
• at our option, reimbursement of the price.

Force Majeure We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters or other Acts of God. In these circumstances, we may at our sole option delay the performance of, or cancel the whole or any part of the contract without liability to the Customer. If we cancel part of the Contract, the Customer shall pay for the Goods delivered on a pro rata basis. If the conditions last for more than two (2) months, the Contract may be terminated by either party without compensation.

Disputes

You must notify us of queries and/or complaints in writing within fourteen (14) days of receipt of the Goods.

We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, and the parties hereby agree that the relevant Irish courts will have exclusive jurisdiction in relation to the Terms and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts. Irish law will apply to these Terms.

General Website Terms and Conditions of Use

1. About our terms and conditions
   1. These terms of use explain how you may use this website (the ‘Site’).
   2. References in these terms to the Site includes the following websites: phillipsjewellers.ie and all associated web pages.
   3. You should read these terms and conditions carefully before using the Site.
   4. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.
   5. If you do not agree with or accept any of these terms, you should stop using the Site immediately.
   6. If you have any questions about the Site, please contact [email protected].
   7. Definitions
      Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
      Unwanted Submission has the meaning given to it in clause 5.1;
      Website acceptable use policy means the policy which governs your permitted use of the Site;
      Website cookie policy means the policy which governs how we use cookies in the Site;
      Website privacy policy means the policy which governs how we process any personal data collected from you;
      Website terms and conditions of supply means the terms and conditions which will apply to you ordering goods using the Site;
      We, us or our means Phillips Jewellers Ltd. References to us in these terms also includes our group companies from time to time;
      You or your means the person accessing or using the Site or its Content.
   8. Your use of the Site means that you must also comply with our Website acceptable use policy, our Privacy policy, our Cookie policy and our Website terms and conditions of supply.
2. Using the Site
   1. The Site is for your personal and non-commercial use only.
   2. You agree that you are solely responsible for:
      1. all costs and expenses you may incur in relation to your use of the Site; and
      2. keeping your password and other account details confidential.
   3. The Site is intended for use only by those who can access it from within Ireland. We may accept orders for delivery to locations outside of Ireland although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Site from locations outside Ireland or place orders for delivery to locations outside Ireland, you are responsible for compliance with local laws where they are applicable.
   4. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]
   5. We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
3. Ownership, use and intellectual property rights
   1. This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
   2. Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
   3. The Phillips Jewellers trade mark used on the Site is our trademark and any third party marks used on the Site (if any) are trade marks of the respective third party owner. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
4. Software
   1. Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.
   2. All such software is solely for your personal use in a non-commercial manner.
   3. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
5. Submitting information to the Site
   1. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (‘Unwanted Submissions’). While we value your feedback, you agree not to submit any Unwanted Submissions.
   2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6. Accuracy of information and availability of the Site
   1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
   2. We may suspend or terminate operation of the Site at any time as we see fit.
   3. You may have certain legal rights when using the Site (such as if the Website terms and conditions of supply apply to you. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these terms and conditions affects these legal rights.
   4. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
   5. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
7. Hyperlinks and third party sites
   1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8. Limitation on our liability
   1. Except for:
      1. death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
      2. fraud or fraudulent misrepresentation;
      3. breach of any of the provisions implied into these terms and conditions under the Sale of Goods and Supply of Services Act 1980 (or any other law);
      4. we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
9. Events beyond our control
   1. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10. Variation
    1. These terms are dated 12^th November 2020. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
11. Disputes
    1. We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Ireland will have exclusive jurisdiction in relation to the Terms. Relevant Irish law will apply to these Terms.