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Please read the terms and conditions
below carefully. By submitting an order to The Gold Disc.Com,
you are agreeing to such terms and conditions, which will
apply to any purchase you make from The Gold Disc.Com on this
website.
1. Definitions
1.1. In these terms and conditions
(“the Terms”) unless the context otherwise requires,
the following words and phrases shall have the following meanings:
“Customer Material”
means any information, materials or data provided by the customer
to The Gold Disc.Com including, but without limitation, any
personalised messages or dedications to be reproduced on the
Products and any information provided in the Order Form;
“Order Form”
means the order form on the Website and “order”
and “ordered” shall be construed accordingly;
“The Gold Disc.Com”,
“us” or “we” means The
Gold Disc.Com Limited (Company Number 04817564) whose
registered office is at 2 Beattie Avenue, Newcastle-Under-Lyme,
Staffordshire ST5 9LS;
“Products” means
the unique and personalised replica disc with the customers’
own dedication or personalised message printed on the plaque
and other products produced by The Gold Disc.Com and available
for sale on the Website;
“Website” means
The Gold Disc.Com website for the sale of Products at www.the
golddisc.com;
“you” “your”
or “customer”
means the person, firm or company placing an order for Products
with The Gold Disc.Com;
2. Products
2.1. The Products displayed
on this Website are not shown to actual size nor are their
images binding as to detail, and your attention is drawn to
the Product details and content where given.
2.2. All specified weights
and/or sizes are approximately accurate but we reserve the
right to supply Products of a weight and/or size varying by
up to 10% under or over the specified weight and/or size.
2.3. All Products are subject
to availability. In the event that any Products you order
are not available, we may contact you and offer a reasonable
substitute, which you will be entitled to reject.
2.4. The use of the words
“Gold” or “Gold or Silver” on our
Website, as a description of any of the Products or on the
Products themselves is merely a descriptive reference for
the Products and an indication as to the colour of the finish
of the Products in question. We do not in any way express
that the Products consist of actual gold and/or silver (as
the case may be).
3. Price of the Products
3.1. The price of the Products
will be as stated on our Website at the time you submit your
order.
3.2. The prices stated on
the Website will be inclusive of any value added tax payable
thereon.
3.3. The price of the Products
does not include the cost of their delivery, which will be
charged in addition to the aggregate price of the Products
at the rates specified on the Website. The delivery cost will
be calculated on the basis of the total order value.
4. Payment
4.1. You may pay for the
Products you order by one of the following methods:
4.1.1. cheque or postal order
made payable to “The Gold Disc.Com Limited” to
be sent by post to The Gold Disc.Com Limited, 2 Beattie Avenue,
Newcastle-Under-Lyme, Staffordshire ST5 9LS within 7 days
of submitting your order; or]
4.1.2. credit or debit card
by completing the relevant section of the Order Form with
your card details. For the avoidance of doubt the credit/debit
cards accepted by us are those listed on the Website the date
your order is placed.
4.2. Your order will be cancelled
if either:
4.2.1. your cheque is referred;
or
4.2.2. we do not receive
your cheque or postal order within the period specified in
clause 4.1.1; or
4.2.3. either you are not
fully entitled to use your nominated credit, debit or charge
card or such card has insufficient funds to cover the price
of the Products ordered plus the associated delivery charges.
4.3. Your order will not
be accepted by us until we have received the price of the
Products together with the associated delivery costs in cleared
funds.
4.4. You agree to indemnify
us in full against all costs and outgoings incurred by us
in obtaining payments from you in the event a failed payment
occurs. This will include an administration charge of not
less than £20. We may at any time after a failed payment
has occurred ask a debt collection agency to collect payment
from you.
5. Order Acceptance
5.1. We must receive payment
of the whole of the price for the goods that you order before
your order can be accepted. Once payment has been received
by us we will confirm that your order has been accepted by
sending an e-mail to you at the e-mail address you provide
on your Order Form. Our acceptance of your order brings into
existence a legally binding contract between us.
6. Right of Cancellation
6.1. Except for the Products
that are personalised or dedicated, you will be entitled to
cancel your order by written notice to us at any time up to
7 working days after the date of delivery of the Products.
You do not need to give us any reason for cancelling your
order and subject to clause 6.2, nor will you have to pay
any penalty.
6.2. If you have the right
to cancel under clause 6.1, we will contact you to arrange
for the return of any Products delivered and we shall refund
the full cost of the Products, together with the delivery
charges, within 30 days of such cancellation PROVIDED THAT
the Products in question are returned by you and received
by us in the condition that they were delivered to you. If
you do not co-operate in returning the Products delivered
to you, we shall be entitled to deduct all direct costs of
recovering the Products from any amount to be refunded to
you.
7. Our Right to Cancel
7.1. We reserve the right
to cancel your order if:
7.1.1. we have insufficient
stock to delver the Products you have ordered;
7.1.2. we do not deliver
to your area;
7.1.3. one or more of the
Products you ordered was listed at an incorrect price due
to a typographical error in the pricing information received
by us from our suppliers; or
7.1.4. any Customer Material
is deemed (at our sole discretion) to be offensive, defamatory
or inappropriate.
7.2. If we do cancel your
order we will notify you by e-mail and will offer an alternative
replacement Product or refund to you any amounts paid to us
as soon as possible and in any event within 30 days of your
order.
7.3. We shall not be obliged
to offer any additional compensation for disappointment suffered.
8. Delivery
8.1. Delivery will be made
to the address specified by you in your Order Form. The Gold
Disc.Com reserves the right to restrict the delivery of Products
to certain areas.
8.2. Subject to clause 7.1,
we will take all reasonable steps to deliver your order to
you within 28 days of receipt of both your completed order
form and payment in cleared funds for UK deliveries and 42
days of receipt of such items for deliveries outside the UK.
8.3. You will become owner
of the Products you have ordered when they have been delivered
to you. Once the Products have been delivered to you they
will be held at your own risk and we shall not be liable for
their loss or destruction.
9. Replacement Products
9.1. We warrant that the
Products are of satisfactory quality. 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 notify us in
writing of the problem within 7 working days of delivery of
the Products in question.
9.2. We will then arrange
with you for the Products to be returned to us, and we shall
remedy any breach of the warranty in clause 9.1 by the provision
of an identical Product free of any charge within 30 days
of notification, whereupon we will have no further liability
to you.
10. Use of the Website
10.1. The Gold Disc.Com gives
no warranty or representation as to the accuracy, suitability
or reliability of the information and content of this Website
for any purpose, which information and content is provided
on an “as is” basis.
10.2. We shall have no liability
for any indirect, direct, special or consequential loss arising
out of the use of or the inability to use this Website including
(without limitation) reliance on any information or content
of the website or which results from mistakes, omissions,
interruptions, deletions of files or emails, defects, viruses
or delays in operation or transmission.
10.3. The information on
the Website may contain technical inaccuracies or typographical
errors, and may be changed or updated without notice. The
Gold Disc.Com may also make improvements and/or changes to
the Website at any time without notice.
10.4. We do not wish to receive
confidential or proprietary information from you through out
Website. Please note that any information or material, you
grant to us an unrestricted, irrevocable licence to use, reproduce,
display, perform, modify, transmit and distribute information
or material, and you also agree that we are free to use such
information or material for any purpose.
10.5. Certain links in this
Website connect to other websites maintained by third parties
over whom we have no control. We makes no representations
as to the accuracy or any other aspect of information contained
in other websites.
11. Liability
11.1. Nothing in these Terms
will limit our liability for death or personal injury resulting
from our negligence or that of our employees or agents. If
you are a consumer (within the meaning of the Unfair Contract
Terms Act 1977), the content of these Terms will not affect
your statutory rights. If you are not a consumer then subject
as provided in clause 9.1, all other warranties, conditions
or other terms, whether implied by statute common law or otherwise,
are excluded to the fullest extent permitted by law.
11.2. The Gold Disc.Com shall
have no liability to the customer for any loss, damage, costs,
expenses or other claims for replacement under clause 9.1
or compensation arising from any Customer Material supplied
by you which are incomplete, in accurate, illegible, out of
sequence or in the wrong form, or any other fault of the Customer.
11.3. In the event that we
are unable or fail to deliver the Products ordered within
the time period specified in clause 8.2, we will use reasonable
endeavours to contact you in order to re-schedule the delivery
time. Our liability in this respect will be limited to the
price of the Products not delivered and the cost of the delivery.
11.4. We will not be in breach
of contract as a result of any delay or failure to perform
our obligations as set out in these Terms where such delay
or failure to perform arises from circumstances beyond our
reasonable control, including (without limitation) any Act
of God, communications failure, death, destruction, fire,
flood, strikes, riots, accident, disruption to energy supplies,
civil commotion, acts of terrorism or war.
11.5. IN ANY EVENT, THE LIABILITY
OF THE GOLD DISC.COM FOR ANY BREACH OR THE AGGREGATE LIABILITY
FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE
TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED
BY YOU FROM TIME TO TIME.
11.6. The Gold Disc.Com shall
have no liability for loss of profit or for any indirect,
special or consequential loss of damage, costs, expenses or
other claims for compensation whatsoever arising out of or
in connection with the supply or non-supply of the Products
(including any delay in supplying the Products) or their use
or resale by you. Other than as set out in clause 9.1, the
entire liability of The Gold Disc.Com arising out of any order
for Products from you will be limited to the total price of
the Products ordered by you.
11.7. You must observe and
comply with all applicable regulations and legislation, including
all necessary customs, import or other permits to purchase
Products from our Website. The importation or exportation
of our Products may be prohibited by certain national laws.
We make no representation and accept no liability in respect
of the import or export of the Products you purchase.
12. Notices, Enquiries and Complaints
12.1. Any notices, enquiries
or complaints should be emailed to sales@thegolddisc.com.
13. Intellectual Property
13.1. The entire content
of the Website, including all copyright, trademarks and other
intellectual property rights it contains, is the sole property
of The Gold Disc.Com. or our licensors. You are permitted
to use such material only for the purpose of ordering Products
from the Website, and you are not entitled to copy, reproduce,
transmit, display in public, create derivative works from
or otherwise commercially exploit such material
13.2. All intellectual property
rights in the Products (subject to the rights of any third
party) belong to The Gold Disc.Com.
13.3. You warrant that all
Customer Material provide to us will not be defamatory or
infringe the copyright or other rights of any third party,
and you shall indemnify The Gold Disc.Com against any loss,
damages, costs, expenses or other claims arising out of any
such infringement.
14. Privacy Policy
14.1. You acknowledge and
agree to be bound by the terms of our privacy policy [link].
15. General
15.1. These Terms govern
the contract to the exclusion of all other terms and conditions
stipulated in any other communication or document unless expressly
agreed in writing by The Gold Disc.Com.
15.2. The Gold Disc.Com reserve
the right to vary the content of these Terms from time to
time, with any changes being published on the Website. Continued
use of the Website, or any of its services will signify that
you agree to any such changes.
15.3. We may correct any
typographical, clerical or other error or omission in any
information on the Website or in any email or other document
or communication issued by The Gold Disc.Com without incurring
any liability on our part.
15.4. If any clause or part
of a clause in these Terms is held by any Court of competent
authority to be unlawful, invalid or unenforceable, such clause
or part shall be severed and the remaining provisions of these
Terms shall remain in full force and effect.
15.5. These Terms, together
with our Website prices, delivery details, contact details
and privacy policy set out the whole of our agreement relating
to the supply of the Products by us. Nothing said by any sales
person on our behalf should be understood as a variation of
these Terms or as an authorised representation about the nature
or quality of any Products offered for sale by us. Save for
fraud or fraudulent misrepresentation, we shall have no liability
for any such representation being untrue or misleading.
15.6. The contract between
you and The Gold Disc.Com shall be governed by English law
and you and ROK Diamonds submit to the exclusive jurisdiction
of the English Courts.

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