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Terms and Conditions General Liability Processing of Orders Delivery/Risk Miscellaneous Changes to the site. We reserve the right to make changes to this site, the disclaimers and these terms and conditions at any time. General 1. This website is owned by Mrs. Theresa Mace – tmgems whose principal place of business is 136 Denmark Road, Lowestoft, Suffolk. NR32 2EL 2. You agree that e-mail can be used as a long-distance means of communication. 3. No contract for the sale of any product will subsist between you and tmgems.co.uk unless and until tmgems.co.uk accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time tmgems.co.uk sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by tmgems.co.uk of your offer to buy goods from tmgems.co.uk. 4. This confirmatory e-mail will contain all relevant statutory information concerning your contract. 5. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 42 below from time to time. 6. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it. 7. tmgems.co.uk will not pass on your personal details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. 8. tmgems.co.uk accepts payments via credit or debit card or by using a PayPal account. Payments by credit or debit card are processed securely by PayPal. For information about PayPal and how it keeps your information secure, please visit PayPal.com 9. You undertake that all details you provide to tmgems.co.uk and PayPal for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered. 10. Your username is your e-mail address and you must choose a password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. 11. If there are any changes to the details supplied by you it is your responsibility to inform tmgems.co.uk as soon as possible. 12. All purchases are non-transferable. 13. You may cancel your order at any time prior to your order being processed by sending an email to cancellations@tmgems.co.uk or by post. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by: i.
sending the notice of cancellation by email to
cancellations@tmgems.co.uk ensuring that you
quote your name, address and order reference number; or
ii.
where you have already received the goods, returning the
goods to tmgems.co.uk unopened together with the
original invoice. tmgems.co.uk will refund you
the purchase price of the goods.
14. Once tmgems.co.uk receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to tmgems.co.uk from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by tmgems.co.uk in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to tmgems.co.uk. 15. tmgems.co.uk reserves the right to refuse to accept any goods which are not returned in mint condition, at its sole discretion. tmgems.co.uk also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected. ^ Top Liability 17. This section applies only to the extent permitted by law. For the avoidance of doubt, tmgems.co.uk do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from tmgems.co.uk’s negligence or wilful default, or that of tmgems.co.uk's employees, agents or subcontractors or (b) fraudulent misrepresentation. 18. tmgems.co.uk does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. 19. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms. 20. tmgems.co.uk will do its best to correct errors and omissions as quickly as practicable after being notified of them. 21. TO THE FULLEST EXTENT PERMITTED BY LAW, tmgems.CO.UK IS PROVidING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, tmgems.CO.UK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. 22. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, tmgems.co.uk shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVidED THAT you notify tmgems.co.uk of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS. 23. You and tmgems.co.uk will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract. 24. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, tmgems.co.uk do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from tmgems.co.uk. ^ Top Processing of orders 25. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping. 26. Every purchase you make shall be deemed performed in the United Kingdom. UK law shall govern every aspect of contractual agreement concerning purchases made from the Site. 27. tmgems.co.uk aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. All items have a stock level of 1 as only one of each item is produced. It is conceivable therefore, that an item added to your basket may be sold prior to you completing your purchase. 28. Our standard Returns Policy applies to all purchases from tmgems.co.uk. ^ Top Delivery/Risk 30. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us. 31. Risk in any product ordered will pass upon delivery to you. 32. For Christmas Deliveries, we recommend that you order by the 16th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area. ^ Top Miscellaneous 35. We shall have no liability to you for any delay in the delivery of products ordered or any other tmers to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. 36. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment. 37. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. 38. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely. 39. Subject to the licence granted to you to use the Site, tmgems.co.uk reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of tmgems.co.uk and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in tmgems.co.uk and its affiliates, as appropriate. 40. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. tmgems.co.uk tracks the electronic ‘fingerprints’ of every order placed on tmgems.co.uk to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. 41. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if: i. you
fail to make any payment to us when due;
ii. you
breach the terms of this Agreement (repeatedly or
otherwise);
iii.
when requested by us to do so, you fail to provide us
within a reasonable time with sufficient information to
enable us to determine the accuracy and validity of any
information supplied by you, or your identity;
iv. we
suspect you have engaged, or about to engage, or have in
any way been involved, in fraudulent or illegal activity
on the Site.
42. tmgems.co.uk may amend these Terms from time to time, and place the new version on the Site. When tmgems.co.uk do so, it will mention the fact on our home page (www.tmgems.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise; such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following tmgems.co.uk’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site. 43. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between tmgems.co.uk and you relating to your purchase. tmgems.co.uk advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by tmgems.co.uk. We will store a copy of the contract entered into by you with tmgems.co.uk. You are advised to read (and are responsible for reading) fully all information on this website. 44. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected. 45. These Terms are subject to the laws and exclusive jurisdiction of the United Kingdom. ^ Top A Copy of these Terms and Conditions is available to download as a PDF file. Please right-click here and choose 'Save Target As...' This file requires the free Acrobat Reader available from adobe.com. Please click the image below to visit the adobe site. 
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