Terms & Conditions

Overview

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern The Bijoux Magpie’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘The Bijoux Magpie’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: Governed by our Privacy Policy.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  •  Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  •  From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.

Section 1 - Online Store Terms

  • These terms and conditions shall govern the sale and purchase of products through our website.
  • You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
  • This document does not affect any statutory rights you may have as a consumer such as: rights under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013 or the Consumer Rights Act 2015.

Section 2 - Interpretation

  • In these terms and conditions:

    (a)    "we" means The Bijoux Magpie; and

    (b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

Section 3 - Order Process

  • The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
  • No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
  • To enter into a contract through our website to purchase products from us, the following steps must be taken: You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; You must select your preferred method of delivery and confirm your order; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

Section 4 - Products

  • We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

Section 5 - Prices

  • Our prices are quoted on our website.
  • We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
  • All amounts stated in these terms and conditions or on our website are stated are inclusive of VAT.
  • All our prices are in UK Pounds. You will be billed in UK Pounds and if you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed on you credit card.
  • You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
  • We may from time to time offer promotional discount codes through our website which may apply in respect of any, or certain specified purchases made through this website. Such codes may only be applied to purchases of full-priced items and cannot be used in conjunction with any other offer or discounts.
  • In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

Section 6 - Payments

  • You must, during the checkout process, pay the prices of the products you order.
  • Payments may be made by any of the permitted methods specified on our website.

Section 7 - Deliveries

  • Our policies and procedures relating to the delivery of products are set out in our Delivery and Returns Policy.
  • Please click here for our full Delivery and Returns Policy

Section 8 - Distance Contracts: cancellation right

  • This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
  • You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
  • In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using any of the contact methods listed in section 22, a cancellation form will then be made available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
  • If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to The Bijoux Magpie Limited, 8 The Woodlands, Old Langho, Blackburn, Lancashire, BB6 8BH UK) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
        (a) beginning upon the submission of your offer; and 
        (b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical  possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

  • If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order together with any delivery costs paid (excluding any premium paid for non-standard delivery), except:

  • If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
  • We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
  • Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

(a) as otherwise provided in this Section 8.

Section 9 - Warranties and representations

  • You warrant and represent to us that:
    (a)    you are legally capable of entering into binding contracts;
    (b)    you have full authority, power and capacity to agree to these terms and conditions;

    (c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

    (d)    you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

  • We warrant to you that:
  • we have the right to sell the products that you buy;
  • the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
  • you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
  • the products you buy will correspond to any description published on our website; and
  • the products you buy will be of satisfactory quality.
  • All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

Section 10 - Limitations and Exclusions of liability

  • Nothing in these terms and conditions will:

    (a)    limit or exclude any liability for death or personal injury resulting from negligence;

    (b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

    (c)    limit any liabilities in any way that is not permitted under applicable law; or

    (d)    exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

  • The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

    (a)   are subject to Section 10; and 
(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

  • We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

Section 11 - Order cancellation

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

  • You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination.
  • We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

Section 12 - Consequences of order cancellation

If a contract under these terms and conditions is cancelled in accordance with Section 11:

Section 13 - Scope

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b)   you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c)    all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.

  • These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
  • These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
  • These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

Section 14 - Variation

  • We may revise these terms and conditions from time to time by publishing a new version on our website.
  • A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

Section 15 - Assignment

  • You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
  • You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Section 16 - No waivers

  • No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
  • No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

Section 17 - Severability

  • If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  • If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Section 18 - Third party rights

  • A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
  • The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Section 19 - Entire agreement

  • Subject to Section 10, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Section 20 - Law and jurisdiction

  • These terms and conditions shall be governed by and construed in accordance with English law.
  • Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

Section 21 - Statutory and regulatory 

  • We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
  • These terms and conditions are available in the English language only.

Section 22 - Our details

  • This website is owned and operated by The Bijoux Magpie Limited.
  • Our principal place of business is at The Bijoux Magpie Limited, 8 The Woodlands, Old Langho, Blackburn, Lancashire BB6 8BH.
  • You can contact us:

    (a)    by post, using the postal address given above;

    (b)    using our website contact form;

    (c)    by telephone, on 01254 245202

    (d)    by email, using catherine@thebijouxmagpie.co.uk

Company Registration Number 10527608