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TERMS OF USE OF WEBSITE

These Terms of Use (together with any other documents or rules referred to in it or posted on our website) (together these “Terms”) set out the terms of use on which you may make use of our website (our “site”), whether as a guest or a registered user. Please read these Terms carefully before you start to use the site or place any orders on our site, www.eshvi.co.uk. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Eshvi is a trading name of Eshvi Limited (“Eshvi”, “we”, “our” and “us”), a company registered in England and Wales under company number 08035319 and whose registered offices is at Suite 14, 55 Park Lane, Mayfair, London W1K 1NA.  Our main trading address is also at Suite 14, 55 Park Lane, Mayfair, London W1K 1NA. Our VAT number is 158 8951 52.

We are a private limited company.

We wish to draw your attention to our policies relating to the terms of purchase within these Terms and our Privacy Policy. If you are under 16, before you register to use this site or any of this site’s services, you must let your parent or guardian know about our Privacy Policy.  We reserve the right to only accept orders from those aged 18 and over.

We may modify our Terms from time to time.  If you do not agree to any change to the Terms then you must immediately stop using the site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

REGISTRATION

To use some of the services or features made available on this site you will need to register. When you register you are required to provide information about yourself that is true, accurate, up-to-date and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address: info@eshvi.co.uk. We may also change registration requirements from time to time.

The account password you provide should be unique and treated as confidential, and must not be disclosed to any third party.  You must notify us immediately of any breach of security or unauthorised use of your account and we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

 

PURCHASES

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The site is available only to those who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. We reserve the right to restrict multiple quantities of any items being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and, when we believe it necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorise individual purchase transactions.

You agree we may use personal information provided by you in order to conduct all checks we consider to be appropriate. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, who may keep a record of such information.

Please refer to our Privacy Policy for further information about how we use your data.

 

PRODUCT ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may still be purchased by other customers.

We offer products for sale that are in stock and available for immediate dispatch. Occasionally we may need to wait for delivery of products from our suppliers.

Please be aware that we may be unable to deliver selected products due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email.

If you have registered your email address for notification of the arrival of a specific product featured on our site, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please be aware that on occasions certain products that are in particularly high demand will sell out during this period.

 

PRICE

Prices shown on our site are in GBP or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.

All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on our site at the time the order is accepted will be honoured, except in cases of patent or obvious error.

Product prices are set at the beginning of each season using existing currency exchange rates. Such prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

Customers purchasing from certain countries will incur relevant import duty and tax.  These costs are not included in the final purchase price.  Import duty or tax costs may be invoiced to you directly from the appropriate carrier or import broker.  We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

ORDERS AND ACCEPTANCE

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and us will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within our Terms.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole and absolute discretion. We will not be liable to you or any third party by reason of our withdrawing any product(s) from our site whether or not that product has been sold, removing, screening or editing any materials or content on our site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

PAYMENT

Payment can be made by Visa, Visa Debit, Visa Electron, MasterCard, MaestroCard, American Express, , and any other methods which may be clearly advertised on our site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by us. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed using SagePay, a secure online payment gateway that encrypts your card details in a secure host environment.

We take reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our site.

 

PROMOTION CODES

ESHVI promotion codes are non-transferable and cannot be exchanged for cash. Furthermore, they sheed be redeemed by the date published and cannot be used in conjunction with any other promotion code or special offers.

 

INSURANCE AND DELIVERY

We insure each product during the time it is in transit until it is delivered to your specified delivery address.  We require a signature for any products delivered, at which point responsibility for your purchased products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 12 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We cannot be held responsible for any delays caused by destination customs clearance processes.

 

RIGHT OF CANCELLATION

You will be entitled to cancel your order by written notice by post to: Suite 14, 55 Park Lane, W1K 1NA, UK or by email to: info@eshvi.co.uk giving details of the goods ordered. This must be done within 14 days of receipt.

You do not need to give us any reason for cancelling your order. This policy is in accordance with the EU Distance Selling (Directive 97/7) as ratified by part of the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000.

 

WARRANTIES AND REFUNDS

Subject to the following provisions of this clause, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by Eshvi Limited subject to the following condition:

Eshvi Limited is not under liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer and/or (d) for Products not manufactured by Eshvi Limited, in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Eshvi Limited.

Eshvi Limited's high quality jewellery should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you return the goods to the address provided within 14 days of delivery of the Products in question.

If you notify a problem to us after the 14 day refund period, we may offer you an alternate product within 30 days of delivery to the same value of the goods provided that that the original Product is returned to us in its original condition.

Products should be returned to us in accordance with the clause as stated above, without dispute. In each case, Eshvi Limited will have no further liability.

 

RETURNS

You can exercise your right to cancel or to return the Product(s) by following the procedure below:

      i.        Complete the return form provided with the original packing materials for the delivered Product(s);

     ii.        Secure the Product(s) and all of the original packing materials, including return form, packing slip, in a plainly wrapped cardboard box;

    iii.        Send the Product(s) by registered mail only. For your protection, please insure the package for the full amount of the invoice plus shipping charges. Eshvi Limited will not be responsible for items lost or damaged during shipping.

    iv.        Clearly print your name and address on the outside of the package in the return area. Mail the package to: Suite 14, 55 Park Lane, W1K 1NA, UK. Please be careful: In order to avoid possible theft of the package, you should NOT write jewellery or other luxury-related words anywhere on the package.

Returns are simple are subject to certain rules:

      i.        the item MUST be received by Eshvi Limited within 14 days from the date of delivery of the order

     ii.        each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund.

    iii.        Due to reasons of hygiene, earrings are shipped in a sealed transparent plastic bag. You order of earrings will only qualify for a refund if it is returned the way in which it was received;

    iv.        For orders cancelled under the foregoing Term, Eshvi Limited will issue you with a full refund including the shipping cost within the UK. For orders outside the UK, Eshvi Limited will issue you with a full refund less the postage and packing.

     v.        Refunds will be made in the same form as the original purchase.

    vi.        All requests will be processed after our office inspects and verifies the condition of the Products. Refunds take up to 5 business days to process upon receipt of the item.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, and your use of the site and the materials published on it grants no rights to you whatsoever.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You are permitted to use the site and the materials published on it as expressly authorized by us and/or our third party licensors.  Any reproduction or redistribution of the foregoing is strictly prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.  However, you may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

We do not promise that our site is accurate or error-free and nor do we promise that the functional aspects of the site or the commentary and other materials posted on our site will be error free or that this site, its content or the server that makes it available are free of viruses or other harmful components.  We always recommend that all users of the internet ensure they have up to date virus checking software installed.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

The personal opinions of any designers whose products we sell, or any third parties with whom we are associated, are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media.

 

NO COMMERCIAL USE

This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to this site on a temporary or permanent basis.

 

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

YOUR RIGHTS

You have certain rights under the law. In England these include:

  • That any products you order through this site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this site;
  • Certain remedies if a product is defective; and
  • A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in these Terms is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

 

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
    • Loss of income or revenue;
    • Loss of business;
    • Loss of profits or contracts;
    • Loss of anticipated savings;
    • Loss of data;
    • Loss of goodwill;
    • Wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We shall only be liable for losses up to a maximum of 125% of the total value of products purchased.

 

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms by you, including the use by any other persons accessing this site using your internet account caused by your action or inaction.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of us, and we shall not be liable for any representation, act, or omission on your part.

 

NO WAIVER

If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

 

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms and a visit to our site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their 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.