1. GENERAL
The Terms and Conditions herein stated form part of each and every Contract made between the Company and the Customer and may only be amended by written agreement.
Acceptance of these Terms and Conditions is implicit in each and every Contract between the Company and the Customer.
The Customer may request a direct hard copy of these Terms and Conditions at any time. Such a request will not be unreasonably refused.
2. PAYMENT
The price for goods and services supplied is due on or before delivery. However, where credit terms have been agreed in advance and/or in writing, the price for goods supplied is due on or before, but no later than, the formally agreed date as indicated on the invoice.
3. DISCOUNT
Any discount, reduction or waiver, howsoever agreed and howsoever allowed shall become irretrievably forfeit if the full discounted price is not paid strictly in accordance with the due date as defined in (2) above. In exceptional circumstances the Company may consider the grant of an additional period of time for payment but in no circumstance will such an additional period be greater than 30 days.
Where forfeiture of discount occurs under the provisions of this section, the Company may issue a further invoice to recover the discount or reduction that was originally allowed and the further invoice shall immediately become due and payable.
Once a further invoice has been raised, settlement of the original invoice will not be accepted as full settlement of the debt and the further invoice must also be paid. Where necessary, pursuance of any remaining debt through the County Court will include the additional invoice as well as all other sums due, together with costs and legal and other expenses.
4. LATE PAYMENT
If payment for goods and services is not received on or before the due date, the payment will be deemed to be overdue and the Company will, at the sole discretion of the Company, issue reminders by letter and/or by telephone, fax or e-mail.
Once a payment is deemed to be overdue by any period in excess of seven days, the Company will, on a date determined by the Company, issue a further invoice in respect of an Administration Fee as determined in accordance with The Late Payment of Commercial Debts Regulations 2002. Any such further invoice shall immediately become due and payable.
Once a further invoice has been raised, settlement of the original invoice will not be accepted as full settlement of the debt and the further invoice must also be paid. Where necessary, pursuance of any remaining debt through the County Court will include the additional invoice as well as all other sums due, together with costs and legal and other expenses.
In accordance with the above Regulations, the Administration Fee for a debt of up to £1000 will be charged at the rate of £40 whilst a debt in excess of £1000 will incur a fee of £70. Administration Fees are liable to VAT at the current applicable rate.
5. REMEDY FOR NON-PAYMENT
The Company may issue a Summons in The County Court in respect of invoices which are overdue by more than 30 days. The Summons will include a Claim for all overdue invoices and for any invoice issued in respect of Forfeiture of Discount and/or Administration Fees charged in accordance with The Late Payment of Commercial Debts Regulations 2002.
6. DELIVERY
(a) Delivery of goods by carrier (including postage) may be arranged by the Company on behalf of the Customer and at the Customer’s request and expense. The Company, on request, will arrange transit insurance on behalf of the Customer and will then voluntarily accept liability for loss or damage in transit where:
(i) Claims are notified to the Company within 7 days of delivery or discovery of non-delivery.
(ii) The Company is given the benefit of the insurance claim.
(b) Any delay in notifying a claim may prejudice the Customer’s right to recovery.
(c) Delivery dates are estimates only but the Company will endeavour to meet them where possible
8. GUARANTEE
(a) New goods supplied with the benefit of a manufacturers guarantee or maintenance contract will in the event of defect be replaced free of charge if returned to the Company in original condition and within 7 days of purchase.
(b) Where there is no manufacturer’s Guarantee or maintenance contract new goods will in the event of defect be replaced free of charge if returned to the Company in original condition and within 7 days of purchase
(c) Defective new goods without an effective manufacturer’s guarantee or maintenance contract will be repaired and redelivered to the Customer free of charge if returned to the Company in packaging adequate for transit by carrier within 12 months of purchase together with all associated goods originally supplied.
(d) Goods returned for replacement (7a or 7b below) will only be replaced if returned in original packaging together with all associated goods originally supplied.
(e) Any Customer returning faulty goods to the Company’s premises personally or by carrier must obtain the necessary returns paperwork. Goods can only be collected or returned when this paperwork is produced.
(f) Unless the Customer provides an independent report revealing the defect the Company reserves the right to charge for obtaining such a report itself and returning the goods to the Customer if they prove not to be defective.
(g) Original packaging is generally adequate for transit by carrier. If returned goods are not adequately packaged for safe transit the Company may make a charge for packaging.
(h) For the purposes of this clause goods with a defect or which are defective are goods in that state upon purchase or which become such otherwise than as a result of misuse or accident.
(i) This guarantee does not diminish the statutory rights of the Customer.
- Services carry no warranty other than that the work performed is to be to a satisfactory standard at the time of completion.
(j) Refunds are available for all stock items (i.e. not made to order). Please note that all items of jewellery and hair accessories are made to order.
If an item is not defective, there is a 15% restocking fee applied to cover administrative costs. Items must be returned in the same condition they were recieved, and with any promotional offers included. Please contact us within 48 hours of receipt to arrange returning the item. Items must be returned within 7 days of receipt.
In the unlikely event that your item is defective, a replacement or refund will be be sent as soon as possible.
9. HEALTH & SAFETY
The Customer is expected to exercise all appropriate precautions to ensure that the goods provided by the Company are used only for the purpose for which they were intended.
Our products are not toys and whilst every care is taken is taken in the manufacture of our products they are, by definition, fragile and may be easily broken if mishandled.
Further, it is obvious that component parts of each purchase may be readily detached unless handled properly and such component parts, as well as items such as table diamonds, are extremely attractive to children.
Care and common sense should be used to ensure that children in particular do not have access to any item or packaging that may result in them being harmed or injured in any way.
The company cannot, and does not, accept any liability for any injury howsoever caused resulting from the supply or manufacture of any product.
10. LIMITATION OF LIABILITY AND INDEMNITY
(a) This clause only applies to Customers who are not consumers within the meaning of Section 12 Unfair Contract Terms Act 1977.
(b) The Company’s liability under these Terms and Conditions of Sale or under any other term, condition or warranty expressed or implied herein by virtue of the common law or statute or otherwise or in tort, in respect of loss or damage arising in consequence or by virtue of defective goods shall be limited (insofar as such limitation is lawful) to the cost price of the goods and in particular and subject as aforesaid the Company shall not be liable for any loss or damage of whatsoever nature or to whomsoever caused or arising out of the use of goods supplied by it.
(c) The Customer shall indemnify the Company against the consequences of all claims made against the Company by any third party in respect of defective goods supplied by the Company to the Customer insofar as any such claim exceeds that which the Customer could have successfully claimed against the Company.
(d) Unless the contrary is agreed in writing goods are not sold as being suitable for any purpose other than that for which they were specifically manufactured, the responsibility for ascertaining this being entirely that of the Customer.
(e) The Company’s employees or agents are not authorised to make any representations concerning the goods unless confirmed by the Company in writing. In entering into the contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
(f) This clause does not detract from the Guarantee provisions of clause 8 herein.
11. FORCE MAJEURE
The Company shall not be liable in respect of any shortage of or failure to supply goods where such shortages or failure is due to Act of God, shortage of supply, riots, civil commotion, strikes, lock-outs, stoppages or restraint or withdrawal of labour for whatever cause whether partial or general or any other reason beyond the control of the Company and the Company in such circumstances shall not be liable in respect of any consequential loss to the Customer.
12. WAIVER
Any indulgence granted by the Company to the Customer or any waiver by the Company of its rights under these Terms and Conditions in respect of any particular transaction or series of transactions shall not be deemed an agreement to confer the same indulgence or waiver of the Company’s rights in respect of any previous or further transactions.
Privacy Policy:
Mango Gems, and their sister company CTA Services value their customers privacy and we take very seriously our responsibilities to protect it. We never provide information to third parties, and will never share any contact information or billing information with any other company.
All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. They are not held in clear text on any web site. We do not store credit card details. All data used to precess your order is immediately destroyed.
We operate within the guidelines set out by Data Protection Law.
