Consumer Terms & Conditions

Please read these terms and conditions carefully before placing your order and retain a copy of these terms and conditions and your order for future reference

Definitions

In these terms and conditions:
we, us and our refer to Nigel O'Hara Diamond Jewellers (registered in Northern Ireland at 1 William Street, Portadown, Co.Armagh, BT62 3NX)
you and your refer to the purchaser of any goods from us.
contract means the contract between you and us for the sale by us to you of goods.
goods means any goods or services you order from us.
order means an order placed by you with us for the purchase of goods by clicking "place order" on the checkout page.
consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession
checkout page means the page on our website entitled "checkout" which gives details of the goods, delivery address and options, payment method and a "place order" icon website means our website at www.nigelohara.com

Terms of the contract

If you place an order for goods as a consumer, these terms and conditions apply to your order and to the contract between you and us.

We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website. The changes will not apply to any order that you place before we make the changes on our website.

We have taken care to ensure that our website (including the help pages) and these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.

When the contract is created

No contract exists between you and us until we notify you that we have accepted your order and delivered the goods.

We are not obliged to accept your order.

Description and price of the goods

We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order.

The price of the goods will be as shown on the checkout page of our website when you placed your order. We will charge you this amount.

You must also pay a delivery charge for the goods as indicated on our website at the checkout page.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

Payment

Payment is normally taken when the purchased item is despatched, however on some instances it may be taken prior to this. With payments made by PayPal or Google Checkout, payment is instant and unfortunately cannot be delayed until time of despatch. If any item is cancelled prior to despatch and has been charged then a refund will be made to the card.

Delivery

We will deliver the goods that you order to the delivery address you give when you place your order.

Once we accept your order, we will endeavour to deliver the goods within the delivery period that applies to the option you have chosen.

If you give us an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount paid for delivery.

If some of the goods you ordered are not available we may deliver part of your order. We will deliver the rest of the order as soon as possible afterwards.

Lost Deliveries

In the very rare instances where parcels do not arrive in the agreed timescales or when parcels are lost completely we cannot process a refund or resend of the parcel until the delivery is officially classed as lost. This must be confirmed by the courier (Royal Mail) themselves. At that time we will either issue a refund or arrange for another item to be sent.

Lost Delivery Timescales from Royal Mail - days to confirm a lost parcel
Royal Mail Recorded Delivery - 15 working days
Royal Mail Special Delivery - 10 working days
Royal Mail International Delivery - 21 working days

Your right of cancellation under the Distance Selling Regulations

You may cancel the contract under the Distance Selling Regulations by notifying us no later than 7 working days after we deliver the goods that you are cancelling the contract. We strongly recommend that you do this by using our on-line returns tool - see our website for details.

If you cancel the contract under the Distance Selling Regulations, you must take reasonable care of the goods from the time you receive them until you return them to us.

If you cancel the contract under the Distance Selling Regulations you must return the goods to us at your own expense.

If you cancel the contract under the Distance Selling Regulations and do not return the goods as required, we may charge you our direct costs of recovering the goods.

Faulty goods

In these terms and conditions, faulty goods means any goods we supply to you that do not conform to the contract. Faulty goods does not include any goods that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out withouttheprior approval of us or the manufacturer.

You should notify us as soon as possible if you discover that any goods are faulty goods.

Our website gives details of how to notify us of any faulty goods and how to arrange for the problem to be resolved.

If you return goods because you think they are faulty goods, we may charge you the cost of all transport and our actual costs and expenses in the event that the goods are not in fact faulty goods.

Returning goods – general

When you return goods to us for any reason (for example because you have cancelled the contract under the Distance Selling Regulations or because you think they are defective goods):

you must ensure that they are properly and securely packaged and labelled with our address;
you are always responsible for any damage in transit that is due to incorrect or inadequate packaging by you; and
you are responsible for any damage or loss in transit where you arrange the transport.
Those orders returned or cancelled under will incur a handling or restocking fee of £6.00 that will be taken from your refund at our discretion.

Returning goods – promotions

All promotional items must be returned along with the original item. For any such item not returned, we reserve the right to charge the full RRP for such item. This will be deducted from your refund amount.

Force majeure

We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.

Limitation of liability

We shall not be liable to you for any loss or damage:

•where there is no breach of a legal duty owed to you by us or by our employees or agents;
•where such loss or damage is not reasonably foreseeable to us when we accept your order; or
•to the extent that any increase in loss or damage results from breach by you of any term of the contract.

Our maximum liability to you under the contract shall be the value of the goods that you ordered.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.

These terms and conditions do not affect your statutory rights.

Valentine's Radio Promotion 2012

Radio Promotion T&C Customers must purchase a diamond ring to qualify for the complimentary bouquet of red roses and to subsequently gain entrance into the prize draw for a weekend break, inclusive of evening dining for two.

The complimentary gift is strictly restricted to one per customer; this includes entrance to the prize drawn competition thereafter. All gifts and prizes are subject to availability at the point of sale. We therefore reserve the right to alter all aspects of the said promotion without any prior notice to the customer. The winner of the weekend break will be notified no later than 28 days after Valentines Day has passed.

All prizes and promotional complimentary gifts are non-transferrable and non-cash refundable. The winner of this year’s competition will be formally notified in writing. They will then have seven days to personally redeem the weekend break. Failure to claim your prize within the allocated time will see the offer withdrawn without prior notice. Nigel O’Hara retains the right to refuse or withdraw all said promotional offers on a customer or collective basis. This promotional offer will run from the beginning of trading on the 04/02/2012 and ends at the end of trading on the 14/02/2012 with no exceptions whatsoever. All staff of Nigel O’Hara is excluded from participation in all competitions and promotions.

Images

Images of goods on our website are for illustrative purposes only and may differ slightly from the actual goods.

Discount/Voucher Codes

Codes may only be used against the RRP price unless otherwise specified.

Law

These terms and conditions and the contract are subject to English law.