B. W. NECKLACES LTD.
Customer Terms and Conditions
Please read these Terms & Conditions (‘Terms’) before placing an order. They apply to buying goods from us online using this Website. By placing an order using this service you are accepting these Terms.
- Definitions and interpretation
| “Personalised Orders” | means orders that we customise or personalise for you. |
| “Territory” | means B. W. Necklaces Ltd., a company registered in the Republic of Mauritius under company number C07068244 of registered office Corner Draper and Belle Rose Ave, Quatre-Bornes, Mauritius. |
| “We” and “us” | means B. W. Necklaces Ltd., a company registered in the Republic of Mauritius under company number C07068244 of registered office Corner Draper and Belle Rose Ave, Quatre-Bornes, Mauritius. |
| “You” | means the website at http://www.berndwilhelm.com and other domains we may choose to use from time-to-time. |
| “User” | means the person using this Website to purchase any of our goods online. |
| “Working days” | means all days other than Saturdays, Sundays and statutory and public holidays in the Territory. |
- Users
2.1. By using the Website to buy goods online, you confirm that either:
2.1.1. you are of the age of majority in your jurisdiction AND at least 18 years old or,
2.1.2. you are placing an order on this Website with the consent of your parent or guardian.
2.2. We do not sell goods to children online, but we may sell children’s goods for purchase by people who meet the requirement in clause
2.1 above.
- Orders
3.1. By completing and submitting an electronic order, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
3.2. Certain steps must be followed for a binding contract to be formed between us, which are described below. After you have placed your order:
3.2.1. we will send you, as soon as possible, an e-mail to acknowledge your order. It will confirm which goods you have ordered. This e-mail is not an order acceptance from us and at this stage no contract is formed between us;
3.2.2. when we despatch your goods from the warehouse, we (or our online merchant services provider) will send you a confirmation e-mail (“Dispatch E-mail”). This e-mail constitutes a formal acceptance of your order by us. This also means that a binding contract between us is formed and you and we are obliged to fulfil our obligations under that binding contract.
4. Personalised Orders
4.1. The order process set out in clause 3 above does not apply to your orders for Personalised Items. We will acknowledge your order as described in clause 3.2.1 above, however the following order process shall apply.
4.2. Payment will be processed and taken when the order is placed with us. This is not an order confirmation or order acceptance from us.
4.3. Your order will go into production shortly after the order is placed and payment is processed.
4.4. Once your order is ready for dispatch from our warehouse, we will send you a despatch confirmation e-mail. This e-mail constitutes a formal acceptance of your order by us. This also means that a contract between us is agreed and we are obliged to fulfil our obligations under this contract.
4.5. When you order a Personalised Item from our website, we will create a specific and potentially unique item designed around your own specific requirements. Therefore any statutory cooling off period that may exist shall not be applicable to these orders and you may not cancel your order.
5. Payments
5.1. Please note that orders (whether for Personalised Items or other items) will only be despatched once we have authorisation from your payment card issuer.
5 .2. We will aim to inform you as soon as possible if there is an issue with the payment authorisation process or with any validation checks for your order.
5.3. We will not accept your order if payment is not authorised. Where there are issues with the authorisation process or validation checks, your delivery may be delayed as a result.
5.4. For Personalised Items, your payment card will be debited when you place the order. For other items, your payment card will be debited for your order on the day that we send you the Dispatch E-mail (i.e. the day on which we despatch your goods).
6. Non-acceptance
6.1. We do not have to accept your order, and in particular, we will not accept your order if:
6.1.1. we do not have the goods in stock/the goods in stock appear to be damaged;
6.1.2. your payment is not authorised;
6.1.3. there is an error on our Website regarding the price or other details of the goods;
6.1.4. you have cancelled your order in accordance with the instructions below.
6.2. We will be in contact with you as soon as practicable (by e-mail or by phone) in each of the above circumstances to discuss your options. We reserve the right to refuse any order.
7. Cancelling an order before dispatch
7.1. If you change your mind after placing an order, you can cancel it at any time before we have sent our Dispatch E-mail to you. Please see the Contact Us page for our telephone number and e-mail. To cancel your order, you will need to give us your name and address details, as well as your order number.
7.2. If you cancel part of an order the postage and packaging charge may be recalculated on the price of the goods you keep. This may affect your delivery charge payment.
7.3. Please note the above does not apply to your orders for Personalised Items (see clause 4 above).
8. Returning goods after dispatch
8.1. When you order from us online, you are entitled to a cooling-off period after dispatch of your goods. During this cooling-off period, you can return your goods without any charge. Our cooling-off period is fourteen (14) days (from delivery of the goods to you) (‘the Cooling-off Period’).
8.2. Outside the Cooling-off Period, we do not normally accept returns of goods after dispatch unless we are at fault (for example where you have received faulty items, or items which are not as described).
8.3. If you wish to return goods, this will be at your cost entirely. You also have a duty to keep them in your possession and to take reasonable care of them until you return them. Please e-mail us if you would like to return your goods and we will send you pre-paid labels (or provide other instructions) so that you can return them. Goods must be returned in their original condition, including original packaging.
8.5. Cash refunds for gifts can only be made to the payment card used to purchase the goods.
9. Delivery charges
9.1. Our pricing, along with the price of the item, will include insurance during the transportation, shipping costs, as well as taxes and customs duties of the corresponding country.
9.2. We may from time-to-time offer free delivery for certain products or total orders, but we reserve the right to change or discontinue this benefit (if applicable) at any time.
9.3. Where we impose delivery charges and you cancel part of an order, the postage will be re-calculated. This may affect any delivery charge payments that apply.
10. Receiving goods
10.1. We will send you a Dispatch E-mail as soon as your goods have been dispatched. Delivery timings and options are published on our website, however these are non-contractual and the disclaimer in clause 10.2 below applies.
10.2. We will make every effort to deliver your goods in accordance with the timescales indicated in the delivery information published on our website, however we will not be liable for delays in delivering your goods for whatever reason and whether or not such delay is due to reasons outside of our control.
10.3. Please note that you may need someone to sign and accept delivery of certain deliveries. It is your responsibility to arrange this is done.
11. Product availability
11.1. We may be unable to dispatch goods to addresses in certain jurisdictions, and in any event we reserve the right to cancel or vary your order for any reason or no reason.
11.2. If the goods you have ordered are unavailable, you will receive an e-mail notification or call from us to confirm this. We do operate a showroom and point-of-sale in Mauritius for customers who live there.
11.3. For more details on our delivery options see the delivery information on our website.
12. Pricing
12.1. Prices throughout the Website are quoted in Euro and payment can only be accepted in that currency.
12.3. Prices quoted on the Website are applicable exclusively to goods purchased through this Website.
12.4. While we make every effort to ensure that the goods shown on our Website are currently available at the price shown on the Website, we cannot guarantee that this will always be the case. If goods you have ordered online are unavailable at the price or conditions shown, you will be notified as soon as possible.
12.5. If a pricing error is made on our Website or in the ordering process we will inform you as soon as possible and give you the option of buying the goods at the correct price or cancelling the order. If we cannot get in contact with you to notify you of the error, your order will be cancelled. In those circumstances, no payment will be taken from you or, if applicable, any payment taken in advance will be refunded.
12.6. Please note that prices for products listed on our website are subject to change at any time in our absolute discretion. We cannot guarantee our ability to honour the prices shown and reserve the right to request an additional payment from you or cancel your order, as the case may be, in the event the price increases following your order and prior to dispatch.
13. Our Liability
13.1. While we make every effort to ensure our Website is as accurate, current, complete or error free as possible, unless we are at fault we are not liable for any inaccuracies or errors which are beyond our reasonable control. In particular, we cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size. If you have any doubts about the colour, size or any other specification of the goods you wish to order, we recommend you Contact Us prior to placing an order on the Website.
13.2. We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website.
14. Changes to these Terms
We reserve the right to change these Terms from time-to-time. If this happens, we will post the new Terms on the website. If you do not wish your purchase(s) to be governed by the revised Terms, you must not place any further orders.
15. Non-severance
If any part of these Terms is found to be invalid or unenforceable by law, the rest of these Terms shall remain valid and enforceable.
16. Governing law and jurisdiction
These Terms are governed by the laws of Mauritius and you and we agree to use the courts of Mauritius if there is any dispute between us.
Our address of service
Corner Draper and Belle Rose Avenue
QuatreBornes
Mauritius