Terms and Conditions of Trading
Please read these terms and conditions carefully, as the use of our website, business premises, or services constitutes acceptance and agreement to all the terms ‘and conditions,
Contract Terms, Variations and Representations
Tempus is a trading company owned by Adrian Boase The term “Tempus”, “the Company” , “us” or “we” refers to the owner of the website and high street store [and our trading company whose registered office is 1 to 7 Albion St, Exmouth EX8 1JL The term “the Customer” or “you” refers to the viewer of our website, visitor of our business premises or user of our services. “Supply” includes (but is not limited to) any goods or services supplied under contract of sale.
Any agreement to supply goods or services made between the company and the customer (“the contract”) will be subject to these terms and conditions and save as otherwise specified no representative or agent of the company has ‘authority to agree any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them; any such term representation or contract will bind the company only if in writing and signed by Adrian Boase. Unless otherwise agreed in writing by the company, these conditions shall override any terms and conditions stipulated or referred to by the customer in his or her order or pre-contract negotiations except for any inconsistent terms implied by law or trade customs, practice or course of dealing. No order shall be binding on the company unless and until such order is accepted by the company.
Online terms and Conditions
Our website is free to all users of the internet. This section sets out our relationship with you in relation to our website.
- The content of the pages or this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties give any warranty or guarantee as to the accuracy, timing, 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.
It is your 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, design, layout, 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 websites. We have no responsibility for the content of linked websites.
- You may not create a link to this website from another website or document without our written consent.
- Your use of this website and any dispute arising out of such use of the web.site is subject to the laws of England and Wales.
Information about you may come to us in a variety of ways; for example, in enquiry forms, handling your property for repairs, appraisals/valuation, correspondence (email or letter) and our server may automatically collect data about your internet address when you visit us online.
Nature of the information
The information we hold will depend on the way in which it has been transmitted, and may include, your name, home and/or business address, email address, telephone number, demographic information such as age and/or other information that may identify you.
How we use the information
We need this information to understand your needs and provide you with a better service, and also for the following reasons: internal record keeping, improving our products and services or website, sending promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided We may also use your information to contact you for market research purposes. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
We are committed to ensuring that your information is secure, in order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we hold. We take all reasonable precautions to protect personal data, however, due to the inherent nature of the process of keeping and transmitting records of whatever nature, we cannot guarantee that information will he absolutely safe from intrusion by others.
A cookie is a small tile which subject to your permission can to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs and preferences by gathering and recalling information about them.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis and then the data is removed from the system.
Cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
- If you have previously agreed that we may use your personal information for direct marketing purposes,you may change your mind at any time by writing to or emailing us.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held about you please write to our main address.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. ‘We will promptly correct any information found to be incorrect.
- Our Services
This section covers the terms and conditions associated with these services.
The headings of the paragraphs of these conditions are for reference only and shall not affect the interpretation or construction of these conditions.
Providing our goods or documentation is referred to as a ‘service’, and undertaking the provision of jewellery goods or documentation is referred to as a ‘contract’.
If any provision of these conditions becomes invalid or void for any reason, the validity of the remaining provisions shall not be affected.
These terms and conditions do not affect your statutory rights,
Prices & Quotations
All jewellery displayed. in store or online have prices indicating their cost. On rare occasions these are incorrect. Prior to sale we reserve the right to alter a stated price, or decline to sell an item.
A quote can be provided for services prior to any work being carried out. There is usually no charge, but in some cases there may be at a minimum cost of £25.00 which is refundable if the proposed service is accepted. You will be informed of any such costs prior to work being carried out.
A verbal estimate may be given, which is meant to help you get a feel for typical costs associated with a service. These approximate, verbal estimates are not binding.
Subject to any agreement to the contrary the company’s quotations are provisional and may he altered. to take into account any changes taking place between the dates of quotation and the company’s acceptance of the customer’s order in the price of materials or workmanship and other costs of production or in the customer specifications, instruction or design or in the event that the customer orders part only of the quantity referred to in any quotation.
All prices quoted are inclusive of VAT, unless otherwise specified, and the customer shall pay any and all taxes, duties and other government charges payable in respect of the goods and/or services.
–Unless otherwise agreed in writing by the company, prices quoted do not include the cost of delivery. The company shall be entitled to charge the customer for all costs of delivery including the cost of any special means of delivery requested by the customer
We can usually reserve items of jewellery for you. This reservation will be for a limited time only. If you have reserved an item, and another customer should come to the shop wishing to purchase the same item we reserve the right to sell the reserved item to this customer if we are unable to contact you.
How we contact you
When we need to contact you we will make a minimum of three attempts. These can be email, telephone or text message, and may be on consecutive days. After this it is your responsibility to contact us.
Standard services can take three to four weeks. Complicated services can take five to six weeks. Some services will take longer, and there are occasions (such as holidays, unforeseen circumstance, or periods of high .workload) when any service will take longer.
The exact time a service will take to complete is not always predictable, and any verbal
estimate is not binding. The essence of the contract will always be the quality of service
and not delivery time
We will make all reasonable attempts to keep you informed of the progress of any service we have undertaken for you, though we are not obliged to do so.
Whilst the company will endeavor to have service completed by a date within any agreed period the company will not be liable for any failure to deliver within such period.
Should the company be delayed or prevented from having goods or services ready for collection due to any cause whatsoever beyond the reasonable control of the company, the company shall be at liberty to cancel or suspend the order placed by the customer without incurring any liability for loss or damage occasioned thereby
- Limitations and Liability
The company’s liability (where it applies) shall be limited to the cost of replacing the goods, with goods of equivalent quality and value (taking into account the condition). We do not pay cash settlement.
In most cases where the repair covers normal wear, items are valued at the appropriate replacement value. Minor conditions like scratches to the metal, single prong, under-setting bar work, alterations for size, and other repairs associated with normal wear are not considered as damage and do not have a detrimental effect on the value of replacement. Likewise coloured gemstones that show abraded facets edges or minor scratches are not considered damaged and do not affect the replacement value.
Severely damaged items have a value which is the equivalent replacement value less the cost of restoration. If a coloured gemstones has severe damage and the restoration requires it to be re-cut then the replacement value of this coloured gemstone is based on the re-cut weight. Although we cannot predict with certainty how much weigh would be lost during re-cutting a decision has to be made regarding the potential of loss and the value adjusted accordingly.
Diamonds are always valued in their current condition. For example a diamond which carries a certificate stating the clarity as VVS1, , which has since been chipped, and subsequently would be graded a PK1 is valued in the current condition as a PK1.
If the cost of restoration exceeds the replacement value then the article is valued at the component scrap value only.
Save in the case of an agreement in writing by the company, the liability of the company ceases at the time which: the goods are delivered to the customer’s address, the customer collects the goods at the company’s premises, or the goods being ready for collection, and collection is postponed by the customer (whether that be at the customer’s request, or whether the customer fails to collect their goods after three month notification) whichever shall occur first. Boxes, documentation or other items shall be at the customers sole risk at all times, and the company shall not be liable, for any loss of or damage sustained by these however caused.
Tempus reserves the right to obtain specialist insurance cover in respect of any item or repair without reference to the customer.
In the event of loss we will inform you at the earliest opportunity. If you have receipts or valuations for the goods you must present these to us within fourteen days of notification. Without these documents the cost of replacing the goods will be based upon our valuation and calculated at the time of the loss.
- Guarantee on repairs and modifications
Repairs and modifications are guaranteed for twelve months from the date of collection by the customer.
Any guarantee offered on repaired jewellery is against defects in material or workmanship and only applies to the work we have done.
Any guarantee that applies does not cover accidental damage or damage associated with neglect. Scratches or changes associated with normal wear are also not covered
For jewellery where the condition prevents a repair being possible, or where the damage or loss is associated with a fault in the original manufacturing or design of the article, we reserve the right to repudiate all responsibility under this guarantee. We will advise you on this prior to you incurring any cost.
Mechanical watches are repaired to an accuracy of ± 3 minutes per day, and quartz watches to an accuracy of ± 10 seconds per day, in the normal temperature range (5°C — 35° C), laying face up. We reserve the right to relinquish all responsibility under this guarantee if the watch is found to have been damaged, dropped or tampered with. Unless otherwise stated, the water resistance of any watch repaired or modified by us is not guaranteed.
Any parts of the jewellery which have not been repaired are not covered under this guarantee and we will not be held responsible for any future faults and deficiencies found in them. This includes all fittings, joins, and other stones which are all checked as tight, present and/or working properly at the time the jewellery is collected, You are reminded that looking after the jewellery (which includes ensuring it is cared for, stored correctly, and repaired when necessary) is the responsibility of the owner.
- The Workmanship
We carry out the majority of repairs in our own workshops and on occasion use a variety of repairers to carry out the different forms of repairs. By engaging our services you give us permission to use a repairer of our choice.
We repair jewellery by restoring it, as closely as possible, to the original condition. The damaged condition, and repair procedure required can mean that the finished result may differ from the original.
The materials (gold, silver, and platinum) and gemstones (diamonds and coloured stones) have been purchased from legitimate sources not involved in funding conflict in compliance with United Nations Resolution. To the best of our knowledge any diamonds used are conflict free, based on personal knowledge and/or written statements provided by the suppliers of these diamonds, For any product fabricated from rough diamonds mined from January 1st 2003 onwards we warrant that the diamonds have been purchased from these legitimate sources. We undertake all reasonable measures to help prevent the sale of conflict diamonds.
If goods are made or services carried out to a specification, instructions or design supplied by the customer or any third party on behalf of the customer then the suitability and accuracy of that specification, instruction or design is the customer’s responsibility and the customer will indemnity the company against any infringement or alleged infringement of any third parties intellectual property rights.
Where items are made from images, templates, designs (hand drawn illustrations or CAD renditions), copied from other pre-existing designs (or from other sources) reasonable differences attributed to limitations unforeseen in the commission process may be present. You agree that such limitations are a part of having jewellery made to order.
When an item is engraved the fonts and styles demonstrated are to give you a reasonable likeness to the finished result. Finishes applied by hand (especially on curved or awkward surfaces) may contain variations from the requested font. A facsimile engraving, crests, coats of arms and intaglios (especially those without the original wax impression) will also contain variations .
You have been issued with a ‘Reference Ticket’, which is your responsibility to keep safe. This ticket is required to collect the goods, and you understand that whoever has this ticket is able to collect the goods without further identification being requested. If you lose your ticket you must inform us. If you are unable to present this ticket upon collection we reserve the right to retain goods or services
The customer is expected carefully to examine the goods on receipt and immediately notify the company of any damage or shortage. No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless the customer shall have given to the company written notice of such damage, shortage or loss with reasonable particulars within 30 days of receipt of the goods or (in the case of total loss) of receipt of’ the invoices or other notifications of dispatch. Any consequential loss arising out of such damage shortages or loss is subject to the limitations set out above.
In the event of any error in weights, dimensions, capacity, performance or any other description or in any information or advice which has formed a representation of performance then the company’s liability in respect of any direct or consequential loss or damage sustained by the customer as a result of such error shall not exceed the price of the goods or services in respect of which the description information or advice is incorrect.
- Uncollected Goods
As mentioned above any cover against loss or damage will be terminated in the circumstances specified. In addition we are entitled under the Torts (interference with Goods) Act 1.977 to dispose of uncollected goods. Any customers’ goods uncollected after more than 12 months following the notification that they are ready for collection are liable to be sold
Payment for the goods or services must he made in full by the time the customer collects goods or receives completion of the services.
Payments can be made in instalments over a prearranged time frame. An initial deposit will be required when a contract is agreed or when an item of jewellery is agreed to be sold to you. Any jewellery paid for in instalments remains our property until paid for in full.
If the customer shall fail to make any payments when it becomes due or if the customer breaches any of the terms and conditions the company may defer or cancel any further deliveries or services, stop any goods in transit and treat the contract of which these conditions form part as determined but not without prejudice to its rights to the full purchase price for goods ordered and services performed and damages for any loss suffered in consequence of such determination.
10 Returns and Refunds
Tempus do not operate a returns policy on goods or services. We offer an exchange or credit system on any goods returned in original conditions within 30 days of purchase. Any credit issued by the company must be used within one calendar year.
For goods paid for in instalments the first £250.00 paid is non-refundable.
- Advice and Reliance on Information
We are always happy to give advice to help you. As with online materials any information received in-store (including, but not limited to gemological analysis, valuation or appraisals, insurance, and repairs) is not intended to replace written advice, or to be a substitute for advice offered by qualified specialists.
For advice, information or commentary on which reliance is to be based a contractual agreement in writing between you and us is necessary. You are reminded that any information that you have, which for any reason you withhold, renders any advice, information and commentary invalid, and any documentation prepared for this contract will remain the property of Tempus, and any charge associated with this service will require payment in full.
If we have offered advice to the condition of an item it only applies to the day in which it is on our premises. The condition of the jewellery, once it has left the shop depends – wholly on the way in which it is cared for — as such it is the responsibility of’ the owner to ensure it is not damaged or lost.
- Contacting us:
Address: Tempus, 1 to 7 Albion St, Exmouth EX8 1JL
Tel: 01395 270058