Terms & Conditions
This web site is owned and run by Michael Frank Jewellers Ltd.
General Terms And Conditions
These terms and conditions apply to the use of this website only. By accessing and ordering from this website you agree to be bound by the terms set out below. Any contract formed between ourselves shall be governed by English Law and any disputes that arise will be resolved exclusively in the Courts of England.
The website is owned, operated and managed by Michael Frank Jewellers Ltd (also referred to as Michael Frank Jewellers, Michael Frank, us, we, our) with registered details:
Michael Frank Jewellers Ltd
C/O Maroon Accounts Limited
Granary House, 18a North Street, Leatherhead, Surrey, KT22 7AW
+44 203 371 0340 (Monday to Friday 9am-5pm excluding Bank Holidays)
UK VAT No. GB996786819
CONTENT AND AMENDMENTS
We take care and time to try and ensure our website is as accurate as possible, both in terms of prices displayed and description of products and services. All measurements displayed are approximate and any errors will be wholly unintentional. Orders will only be accepted should there be no material errors. We take no responsibility for colours of products not matching the colour displayed on your monitor as this depends entirely on the colour reproduction and capabilities of your screen.
We may make changes to the website at any time without notice or warning, including:
- Changes to these terms and conditions
- Changes to promotions, offers and discounts
- Changes to content and product information
- Temporary or permanent withdrawal of the website
PRICING
Prices displayed are in Pounds Sterling and inclusive of VAT.
Where Sale prices are quoted, the normal price will have applied either online or in-store for at least 28 consecutive days in the last six months.
Whilst we endeavour to ensure all prices are correct at time of publication, we reserve the right to reject an order should there have been a material error in the price advertised at time of order.
PLACING YOUR ORDER
Once you have completed your online purchase, we will send an email confirmation containing details of your order. This confirmation does not act as acceptance of your order as this is subject to the following:
- The product being in-stock and available for delivery
- The information and pricing being accurate
- Fraud and identity checks being passed (for which we use 3rd party services)
- Payment being authorised
Subject to the above, we will despatch your order and send an email confirmation to let you know it’s on its way. It is at this point that a contract will exist under these terms and conditions.
PAYMENT
At time of ordering, we will contact your card issuer to authorise payment and validate that you have the relevant funds available. Should the card issuer authorise the payment we will place a hold on those funds to ensure they can be debited at time of despatch. This means you will be unable to access those funds within your account.
No charge will be made until your order is despatched.
Should we need to cancel your order, we will release the ‘hold’ that we have over any funds. Please be aware that dependant on your bank it may take up to five working days before those funds become cleared again in your account.
DELIVERY
We deliver to Great Britain, Northern Ireland and Republic of Ireland addresses only.
At the time of ordering you will be advised of an approximate delivery estimate. Every effort is made to meet this delivery time although on rare occasions we may be unable to deliver your order within the advertised timeframe. Should this happen we will notify you of the delay and offer a revised delivery estimate.
Delivery times may also be affected by circumstances beyond our control.
The only exception to this is if you have paid for Next Day Delivery and we have failed to meet the promised delivery date.
Where a delivery time is quoted in days, this refers to ‘working days’ defined as Monday to Friday (excluding bank holidays) when ordering before 1pm.
If you decide to return your full order for a refund, any delivery charges paid will only be reimbursed if the item has been misrepresented by us or is damaged/faulty.
The only exception to this is if you have paid for Next Day Delivery and we have failed to meet the promised delivery date.
CLICK & COLLECT
- The Click & Collect service is provided free of charge.
- Payment must be made in full by credit or debit card at the time of ordering via the website.
- The collection date is dependent on the item and stock availability, but will be provided as an ‘estimated delivery date’ when you place your order.
- When collecting your order in store you must show a copy of your confirmation email, a utility bill or bank statement from within the last 4 months, valid photo ID (such as passport or driving licence) and the original card used to pay for the order.
- Orders can only be collected by the person placing and paying for the order. We are not authorised to hand the order over to any other persons.
- We reserve the right to refuse or withdraw the Click & Collect service at our discretion.
OUR GUARANTEE TO YOU (manufacturing defects)
We believe that all of our products are of the highest quality and will guarantee everything against manufacturing defects. This guarantee will be honoured at our store, or through Mail Order on production of proof of purchase. These rights are additional to and do not detract from your statutory rights.
Please be advised that if you have your item altered, repaired, or adjusted by another jeweller or company, then this will invalidate your guarantee and render it void. To protect the guarantee, all work must be carried out by ourselves (or a third party company) working on behalf of Michael Frank Jewellers.
BUY WITH CONFIDENCE (EXCHANGES and refunds)
We’re certain that you’ll love your on-line purchase but on the rare occasion that it’s not right, we’ll be more than happy to offer a refund or exchange. Simply return the unworn item to us in its original packaging and with all relevant receipts and documentation within 30 days of purchase. We suggest returning your on-line purchase by registered post and that you obtain proof of posting. This offer does not include personalised items, items purchased in-store or special orders (see below) and does not affect your statutory rights.
Please return your unwanted on-line purchase to;
RETURN DEPT.
Michael Frank Jewellers
9-11 The Broadway
Wickford
Essex
SS11 7AD
COPYRIGHT & INTELLECTUAL PROPERTY
All website content, copyright, trademark and other intellectual property rights available when using this website shall remain the property of Michael Frank Jewellers Ltd or its suppliers. Permission is given to all purchasers to electronically copy and print sections of this site for personal non-commercial use only and for the sole purpose of using this website. Any other use, without the written permission of Michael Frank Jewellers Ltd, is strictly prohibited.
Lifetime Warranty (bespoke items)
Every piece of bespoke Michael Frank Jewellery is made to the highest standards of craftsmanship, and should last a lifetime if looked after properly. For this reason we are happy to stand behind our Lifetime Warranty in regard to our wedding rings and bespoke items.
In the extremely unlikely event that your bespoke jewellery is ever found to have a manufacturing defect, we will repair or remake your jewellery free of charge.
All jewellery is likely to experience wear and tear over time, and may require occasional maintenance. We are always happy to examine any piece of our bespoke jewellery, should you ever have any concerns or questions.
Please note that our Lifetime Warranty is not transferrable, and does not cover damage caused by wear and tear, or due to lack of care, accidental or deliberate abuse of the jewellery, or loss or theft, and that any repair or modification of Michael Frank jewellery not conducted by Michael Frank Jewellers voids our Lifetime Warranty.
Copyright
All content and images on this Michael Frank Jewellers website are copyright protected and should not be reproduced without the prior consent of Michael Frank Jewellers Ltd.
- All material on this website belongs to Michael Frank Jewellers website or its website designers, licensors or third-party contractors.
- You may retrieve and display content from this website for your own personal, non-commercial use.
- You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through this website.
Michael Frank Jewellers privacy policy
The following statement explains our policy regarding the personal information we collect about you.
Statement of intent
From time to time, you will be asked to submit personal information about yourself (e.g. name and email address etc) in order to receive or use services on our website. Such services include newsletters, diary reminders and email bulletins.
By entering your details in the fields requested, you enable Michael Frank Jewellers and its service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. We will act in accordance with current legislation and aim to meet current Internet best practice.
Information on visitors
During the course of any visit to our website, we will use cookies to log information. Most, if not all, websites do this because cookies allow the website publisher to do useful things, like finding out whether you have visited the site before.
We use cookies for a variety of reasons, mainly to enhance your shopping experience and make the website more efficient to use, but also to provide us with information that helps improve the quality of our website.
Our website uses Google Analytics, a web analytics service which sets a cookie in order for us understand how visitors are using our site. Google Analytics collects the information anonymously and we use this information to help us improve our website.
What is a cookie?
Cookies are small text files used by websites to log information and enable certain functionality. Cookies are completely harmless and anonymous, so will never hold personal or confidential information about you. Some of the cookies we use are essential to make the website work properly and enable you to shop online. Without these your experience of our website would be very restricted.
Use and storage of your personal information
When you supply any personal information to us (e.g. when ordering products or services) we have legal obligations towards you in the way we deal with that data. We must collect the information fairly and tell you if we want to pass the information on to anyone else. In general, any information you provide to Michael Frank Jewellers will only be used within Michael Frank Jewellers Ltd. It will never be supplied to anyone outside without first obtaining your consent, unless we are obliged or permitted by law to disclose it. Also, if you post or send offensive or inappropriate content anywhere on or to Michael Frank Jewellers Ltd and Michael Frank Jewellers Ltd considers such behaviour to be serious and/or repeated, we can use whatever information that is available about you to stop such behaviour. This may include informing relevant third parties such as your employer, school or e-mail provider about the content and your behaviour.
We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met, or, in the case of a personalised service, such as online billing, you no longer wish to continue your registration as a personalised user. Where personal information is held for people who are not yet registered but have taken part in other services (e.g. information requests), that information will be held only as long as necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
Access to your personal information
You have the right to request a copy of the personal information Michael Frank Jewellers Ltd holds about you and to have any inaccuracies corrected. Please address requests to:
Director and Marketing Manager
Michael Frank Jewellers
9-11 The Broadway
Wickford
Essex
SS11 7AD
Users 16 and under
If you are aged 16 or under, please get your parent/guardian’s permission beforehand whenever you provide personal information to Michael Frank Jewellers Ltd website. Users without this consent are not allowed to provide us with personal information.
SELL YOUR WATCH
INTRODUCTION
This section (together with the documents expressly referred to in it) tells you information about us and the terms and conditions on which you sell your watch.
These terms and conditions will apply to any contract between us for the sale of your watch either to us or through us. Please read these terms and conditions carefully and make sure that you understand them, before selling any items to us or through us. Please note that by selling us your watch or instructing us to sell your watch on your behalf, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.
If you refuse to accept these terms and conditions, you will not be able to sell your watch to us or sell your watch via our website.
These terms and conditions should be read in conjunction with our “Privacy Policy” and “Terms of Website Use” terms and conditions.
Please note that these terms and conditions only apply to our “consumer” customers. If you are a “business” customers, you will be advised of the applicable terms and conditions by a member of our sales team.
Please ensure that you review clauses 14 and 18 as they include important limitations on, and exclusions of, our liability.
1. INTERPRETATION
a. The following definitions and rules of interpretation apply in these terms and conditions:
Our website, the website: the website at the domain https://www.michaelfrankjewellers.co.uk
Watch, item: the watch (or any part of it) that you wish to sell either to us or through us together with any accompanying box, sales literature, promotional material and other documentation (where applicable).
We, us, our: Michaelfrankjewellers.co.uk Limited (registered in England and Wales with company number 07248893).
Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.
You, your: the person or other entity that wishes to sell an item either to us or through us.
b. Clause headings shall not affect the interpretation of these terms and conditions.
c. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2. OUR CONTRACT WITH YOU
a. If you would like to sell your watch to us you will need to provide us with details of your watch, including its model, make and condition, by either entering details on the “Value My Watch” page on our website or by navigating through our catalogue on the “Value My Watch” page to find the watch you wish to sell.
b. Please provide information about your watch fully and accurately. Any quotation, whilst given in good faith, is derived from a combination of factors including without limitation the information supplied by you. The provision of inaccurate, false or misleading information by you may result in an inaccurate valuation which cannot be relied upon by you.
c. You will then receive either an e-mail with an initial valuation.
d. Any valuations are provided on a “subject to contract” basis and are not legally binding. We reserve the right to amend or withdraw the valuation at any time without liability to you.
e. If you are happy with the initial valuation, then you will need to arrange for the watch to be posted to our offices in accordance with the clause governing “Delivery” below.
f. On receipt of your watch at our offices, purchase of your watch is subject to due diligence checks including a search through The Watch Register (a subsidiary of the Art Loss Register) and also to an inspection. Please note: should your watch match an item on The Watch Register’s database of stolen watches then Michael Frank will be legally bound to secure the watch and, where necessary, inform law enforcement. In this event, no payment will be made and you will be required to contact The Watch Register directly to resolve the issue. The Watch Register will offer its assistance to any good faith holders in negotiating an amicable settlement. As soon as a clear check result is received, an inspection of your watch and any accompanying paperwork will then be carried out. We will then contact you with a final valuation for your watch. Notwithstanding any such inspection or testing, you shall remain fully responsible for the items, and any inspection or testing shall not reduce or otherwise affect your obligations under the contract, including without limitation those listed under “Your Undertakings” below.
g. A revised valuation may be offered where: (i) the watch does not fully comply with the information provided during the valuation process; (ii) the condition is such that it has a substantial impact on the value of the watch; (iii) other relevant factors not disclosed affect the valuation; and/or (iv) for any other reason.
h. If you wish to proceed with a sale and accept our final valuation, we will arrange to pay you the agreed sum by bank transfer (see “Payment” below). The contract between us will only be formed when you have accepted the final price quoted and the sum has been paid. We will then send you an e-mail confirming when payment has been made, the sum paid and the payment method.
i. You may purchase a watch from us in part-exchange of your current watch. The sale of your existing watch to us and your purchase of a watch from us shall be treated as separate contracts with the relevant terms and conditions applicable to each. In terms of the watch that you are selling to us in part-exchange, you are subject to these “Sell Your Watch” terms and conditions. In terms of the watch that you purchase from us, you are subject to our “Buy a Watch” terms and conditions. The contract between us under these terms and conditions will only be formed when you have accepted the final price quoted. For further information, please see “Part-Exchanges” below.
j. Please note that if you visit the showroom in order to sell your watch, we will need you to produce two forms of original identification. For further information, please see “Identification” below. If you sell in person, we will provide you with a quotation and, if this is accepted by you, the contract will be formed on your signature of our standard receipt.
k. You can keep track of the process by logging into your Michael Frank account. We will also keep you regularly updated by e-mail.
3. PRICE AND PAYMENT
a. The prices quoted by us and all payments made by us will be in Pounds Sterling. The price quoted will be net; please see the VAT margin scheme for further details. If you need to refund any sum to us, this will also be in Pounds Sterling. You will be responsible for the exchange rate and you are advised that refunds may be affected by such exchange rate.
b. We will make payment to the bank account advised by you. Please note that you are responsible for ensuring the accuracy of your bank account details. We will not accept liability if you provide us with inaccurate bank details.
c. Payment will be made by Banks Automated Clearance System (BACS) transfer and cleared funds may take approximately 7 Working Days to arrive after payment has become due. No liability is accepted by us for any delay which is unavoidable in the circumstances. We reserve the right to pay by any other payment method when and where reasonable. All bank details must be entered by you and you are responsible for the accuracy of these details.
d. Payment to a nominated third party will generally be unacceptable. International sellers may be subject to an additional bank charge.
e. In the event that we discover that the watch is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option without prejudice to any other rights and remedies we may have to rescind the contract(s) and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, payment will not fall due. If we have already made payment, you must refund us the full purchase price paid within 7 days of receipt of notice from us. If the sale involved a part-exchange, please see “Part-Exchanges” below.
f. Any outstanding monies owed to us, including without limitation any servicing costs agreed between us, will be deducted from any payment to you.
g. The price quoted excludes import duty or other taxes, fees and charges (see “Customs” below).
h. You will pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
i. It is always possible that, despite our best efforts, we provide you with an incorrect valuation. If for some reason an error in the valuation quoted has occurred, we will rectify the valuation as soon as reasonably practicable after notification of the mistake. If the valuation error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to buy the items from you at the incorrect price. No liability whatsoever can be accepted by us for accidental mistakes or errors caused by system failures.
4. DELIVERY
a. You will deliver the items:
b. to our premises at 9-11 The Broadway Wickford Essex SS11 7AD or as instructed by us prior to delivery (Delivery Location); and
c. during our normal business hours or as instructed by us.
d. Carriage, packing, insurance and any taxes or charges applicable shall be your responsibility and at your cost unless agreed otherwise (also see “Customs” below).
e. You will ensure that the items are properly packed and secured in such manner as to enable the items to withstand the normal rigours of transit and reach the Delivery Location in good condition.
f. Once you have accepted our initial valuation for your item, a delivery note will be generated by us and you will be e-mailed a link to access and print this note. All items posted to us should be accompanied by a delivery note. If your item is not accompanied by our delivery note, there could be a delay in processing your item on arrival at the Delivery Location.
g. You must deliver the items to the Delivery Location at your own risk. We suggest that you obtain proof of posting. If you decide not to proceed with a sale for any valid reason, you will be responsible for the postage, packaging and insurance costs of returning the items to you unless we are returning the watch to you as a result of a breach of an undertaking under “Your Undertakings” (we will return counterfeit items free of charge using the regular post if you are based in the UK, but will make a charge of approximately £20.00 if instructed by you to return your item using the Royal Mail Special Delivery TM service to addresses in the UK. If you are based outside of the UK, a courier will be selected at our discretion and postage costs will be payable by you.)
h. Delivery of the items will be completed on the completion of unloading the items at the Delivery Location.
i. Once at the Delivery Location, we will confirm receipt of your watch and it will be inspected. This will usually take no more than 48 hours.
j. In exceptional circumstances and only by prior agreement, we may agree to collect the items directly from you. We may make a charge for this service.
Risk and title
i. Your watch will be our responsibility from the time of delivery to the Delivery Location.
ii. Ownership of the watch will pass from you to us when the contract is concluded between us as described above under “Our Contract With You”.
5. CUSTOMS
If you are based outside of the UK, you may also have to pay export duty or other taxes, fees and charges applied by customs or other authorities. You must comply with all laws and regulations of your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
6. THE ITEMS
You will ensure that the items will:
a. correspond with their description;
b. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and as described (within the meaning of the Consumer Rights Act 2015) and fit for any purpose held out by you or made known to you by us expressly or by implication, and in this respect we rely on your skill and judgement; and
c. be free from defects in design, material and workmanship.
d. In some instances a non-manufacturer strap may be fitted to a watch.
7. YOUR UNDERTAKINGS
You confirm that:
Information supplied by you
a. all the information supplied by you to us before conclusion of a contract under “Our Contract With You” above is true, accurate and complete;
b. you have not concealed any fact or matter concerning the identity, quality, history, provenance, authenticity, legal status or general character of the watch, which might be regarded by a reasonable buyer in our position as material to, or otherwise liable to influence, the decision to buy the watch;
Title
c. the watch is your property and that you are entitled to sell the watch free from any charge, lien, burden or adverse claim, including all hire. In particular:
i. the watch has not been reported to the manufacturer, police or any other authority as lost or stolen;
ii. the watch is not subject to an undisclosed finance agreement; and
iii. no other person has any claim to the watch, whether legal, equitable, possessory or otherwise;
Condition
d. there are no undisclosed physical defects with the watch;
e. the watch has not been an insurance “write-off” or subject to substantial remedial repairs;
f. the watch has not been altered or tampered with;
Authenticity and provenance
g. you accept that every element in the description of the watch, including its make, model and serial number, is a material and essential part of its identity and that the absence or non-fulfilment of any such element renders the watch in the perception of us and you radically and fundamentally different from the watch that you have agreed to supply; and
h. the serial numbers and documentation are original, genuine and accurate.
You are fully responsible for any breach of the preceding conditions and remain so until discovery of such breach by us.
8. REMEDIES
a. If the items do not comply with clause 6 (The Items) and the undertakings set out in clause 7 (Your Undertakings), then, without limiting any of our other rights or remedies, we will have the right to any one or more of the following remedies, whether or not we have accepted the items:
b. to terminate the contract;
c. to reject the items (in whole or in part) and return them to you at your own risk and expense;
d. to require you to provide a full refund of the price of the rejected items (if paid);
e. to recover from you any costs incurred by us in obtaining substitute items from a third party; and
f. to claim damages for any other costs, loss or expenses incurred by us which are in any way attributable to your failure to carry out your obligations under the contract.
g. Our rights and remedies under these terms and conditions are in addition to our rights and remedies implied by statute and common law.
9. LIEN
Without prejudice to any of our other rights or remedies, we shall have a general and particular lien over all items in our possession which are the property of you to secure payment by you of all sums due from you to us under any contract whatsoever.
10. PART-EXCHANGES
a. For details of how the contract is made and the terms and conditions applicable, please see “Our Contract With You” above.
b. A part-exchange allowance will be agreed between us in writing, which will be used as part payment towards your purchase order. If an order is cancelled in which a part-exchange is involved, we may at our sole discretion offer either a return of your watch or payment of the part exchange allowance.
c. In the event that we discover that the watch you are selling us in part-exchange is counterfeit, lost, stolen or damaged or is not fully owned by you or any other undertaking provided by you under “Your Undertakings” is breached, we have the option to rescind either or both contracts and, if we choose to exercise this right, we will notify you by telephone and/or by e-mail as soon as possible upon discovery by us. In this case, you must refund us all sums paid by us to you within 7 days of receipt of notice from us. If we have already dispatched the watch you sought to purchase from us, you will further need to either return this watch to us or pay us the full purchase price for this watch.
d. Where your part exchange allowance exceeds the purchase price of the watch you are agreeing to buy, we will issue you with the appropriate credit by bank transfer, subject to our usual terms and conditions relating to payments. Where your part exchange allowance is less than the purchase price of the watch you are agreeing to buy, you will need to pay the outstanding balance by bank transfer or such other method as agreed by both parties.
11. PROOF OF IDENTITY
a. If you visit our offices in order to sell your watch, we will need you to produce two forms of original identification during your visit. We must be provided with acceptable means of identification before we can process any payment to you, in view of our money laundering and counterfeit item policies. We will take copies of this identification for our records.
b. It will be necessary for you to produce the original of one document from each of the following two categories:
Proof of identity
i. Current valid passport
ii. Current driving licence
iii. Other (e.g. known employer identity card with photo and signature)
Proof of address
iv. Recent utility bill
v. Council tax bill
vi. Bank statement
12. LOSS OR DAMAGE
a. If any item you have posted to us is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will attempt to find a suitable like-for-like replacement but, if unsuccessful, we will pay you compensation for the item based on the actual loss you suffer. The compensation will not exceed the latest price quoted by us to you for purchasing the item or the trade valuation price (whichever is applicable) at the time the item was lost or damaged less any of our costs including without limitation servicing fees.
b. We will transfer the full settlement sum due to you on receipt of the same from our insurers, provided always that you will receive all amounts due within 30 days of notification by us to you of the loss or damage.
13. PRIVACY
Please review our Privacy Policy, which also governs your visit to www.michaelfrankjewellers.co.uk, to understand our practices.
14. OUR LIABILITY
a. Subject to clause 14(b), we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a failure by us to comply with these terms and conditions.
b. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusion relating to any incidental or consequential loss may not apply to you, provided always that we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when you sold an item either to or through us.
c. Subject to clause 14 (d), our total liability to you in respect of all other losses arising under or in connection with the sale by you of the items, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the latest price quoted by us to purchase your watch from you or the trade valuation (whichever is relevant).
d. Nothing in these terms shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by our negligence; and (b) our fraud or fraudulent misrepresentation).
15. ENTIRE AGREEMENT
a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
16. CONFLICT WITH OTHER AGREEMENTS
This contract constitutes the entire agreement between the parties. If there is any inconsistency between other communications and these terms and conditions, the latter shall prevail. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms and conditions.
17. NO PARTNERSHIP OR AGENCY
Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.
18. EVENTS OUTSIDE OF OUR CONTROL
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (not involving Michael Frank employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.
19. COMMUNICATIONS BETWEEN US
a. When we refer, in these terms and conditions, to “in writing”, this will include e-mail.
b. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail or by post to Michael Frank Limited at enquiries@michaelfrankjewellers.co.uk or 9-11 The Broadway Wickford Essex SS11 7AD. We will confirm receipt of this by contacting you in writing, normally by e-mail.
c. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20. WAIVER
a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
b. A waiver by us of any default will not constitute a waiver of any subsequent default.
c. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
21. SEVERABILITY
If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22. VARIATION
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
23. THIRD PARTY RIGHTS
This contract is between you and us. No one other than a party to this agreement shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
24. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
a. We have the right to revise and amend these terms and conditions from time to time.
b. You will be subject to the policies and terms and conditions in force at the time that you agree to our terms and conditions, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you agree to proceed with a sale (in which case we have the right to assume that you have accepted the change to the terms and conditions).
25. GOVERNING LAW AND JURISDICTION
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
c. Although you agree that this Agreement is governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with Michael Frank in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
26. OUR DETAILS
“Michael Frank” is a trading name of Michaelfrankjewellers.co.uk Limited, whose registered office is at Maroon Accounts Limited
Granary House, 18a North Street, Leatherhead, Surrey, KT22 7AW, registered in England & Wales under company registration number 07248893. Our main trading address is 9-11 The Broadway Wickford Essex SS11 7AD. Our VAT number is 996786819.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
