PLEASE READ THESE TERMS & CONDITIONS CAREFULLY, WE PARTICULARLY DRAW YOUR ATTENTION TO PARAGRAPHS 6 (PRICING), 9 (PRODUCT AVAILABILITY), 11 (CANCELLATION, REFUNDS AND RETURNS), 12 (EFFECT OF CANCELLATION) AND 15 (LIMITATION ON OUR LIABILITY)

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your items, in most cases, you can change your mind and get a full refund. We allow you up to 28 days. For further information, please see paragraphs 11 and 12.

The Consumer Rights Act 2015 says items must be as described, fit for purpose and of satisfactory quality.

This is a summary of some of your key rights. For more detailed information please seek legal advice.

Introduction

Welcome to the Charles Fish website. By continuing to browse and use our website, you agree to comply with and be bound by the following terms and conditions of use (“Terms & Conditions”), which together with our Privacy Policy govern Charles Fish’s relationship with you in relation to this website. If you disagree with any part of these Terms & Conditions, please do not use our website.

Charles Fish Limited is registered in England and Wales with company registration number 686525 and registered office address 114 High Street, Walthamstow, London, E17 7JY. Our VAT registration is GB 248 1064 71. We are a wholly owned subsidiary of Fish Brothers Group Ltd which is registered in England and Wales with company registration number is 81027 and registered office 114 High Street, Walthamstow, London, E17 7JY.

If you have any queries regarding these Terms & Conditions you can contact us by email info@charlesfish.co.uk or by phone on 0844 847 6771

The term Charles Fish, or “we” or “us” refers to the owners of this website. The term “you” refers to the user, or viewer, of our website.

This contract is only available in English. No other languages will apply to this contract.

2. Changes to Terms & Conditions

We reserve the right to make changes to these Terms & Conditions at any time. Changes will take effect once they go live on the website, and will supersede this version of the Terms & Conditions. It is your responsibility to check for changes when you revisit the website. By continuing to use and access the website following such changes you agree to be bound by our latest Terms & Conditions.

3. Accessing the Website

This website is available free of charge. We do not guarantee that the website or its content will always be available or uninterrupted and we are not liable to you if the website and/or its content is unavailable at any time or for any period.

4. Website Content

We may update the website from time to time, and change all parts or any of the content at any time. We may withdraw, suspend, change or discontinue any part, or the entire website without notice. While we endeavour to ensure all content and information is correct, we do not guarantee that the website and its content will be free from error.

5. Website Usage

You may not use the website in such a way that breaches any applicable local, national or international laws and regulations. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

6. Pricing

All prices on our website are in pounds sterling (GBP) and are inclusive of VAT. The prices do not include the cost of delivering the items. Delivery charges can be found below, and are clearly displayed on checkout pages. Additional charges for repairs, engraving and other services will be charged accordingly and prices will be provided on application.

We seek to ensure that all prices advertised are correct. However, when ordering where an error occurs or an advertised price is incorrect, we reserve the right to reject the order.

6.1 Discount Codes

Discount codes, such as seasonal sales, promotional offers and Friends & Family subscription may be used for full priced items only. Discount codes cannot be used on items that have already been reduced in price or on any Pre-Owned watches or Pre-Owned Jewellery, unless otherwise stated.

6.2 Christmas Discount Codes

All vouchers are valid from 1st November to 31st December 2016. Each voucher can only be used once, unless otherwise stated. Only one of each voucher valid per customer. Not to be used in conjunction with any other offer on the same item. Voucher code must be entered at checkout to redeem the offer. Valid on full priced items only. Not valid on Olivia Burton, D1 Milano, Michael Kors Access watches, pre-owned watches or already discounted items. Price of purchase will be amount refunded or exchanged.

7. Payment

This website uses SagePay or PayPal to take credit and debit card payments for your order. Payment is taken from your credit or debit card at the time we receive your order. Once we have checked stock availability and performed necessary checks we will begin to process and prepare your order for dispatch. We will inform you as soon as possible if there are any issues with your payment or stock availability. Please see paragraph 8 (Placing an Order) below for notes on stock availability.

If necessary we have facilities to take telephone payments, so if you encounter any issues with making a payment on our website please contact us and we can arrange this.

8. Placing an Order

Once you have created your order, the website will give you an opportunity to review the order before submitting it. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.

Once you submit an order and make a payment for your transaction, you will receive an email acknowledgement. This acknowledgement does not, however, mean that your order has been accepted.

    We may contact you to say that we do not accept your order. This is typically for the following reasons:
  • - the items are unavailable;
  • - we cannot authorise your payment;
  • - you are not allowed to buy the items from us;
  • - we are not allowed to sell the items to you;
  • - you have ordered too many items;
  • and
  • - there has been a mistake on the pricing or description of the items.
    We will only accept your order when we email you to confirm this (“Confirmation Email”). At this point: a legally binding contract will be in place between you and us; and we will dispatch the items to you.

9. Product Availability

We seek to ensure that stock advertised on the website are in-stock and available. However, if for any reason (through material errors etc.) the stock that you have ordered is not available, we will contact you either via the email address you have provided us with or by telephone. In such instance we will offer you a replacement if appropriate or issue a full refund of the cost of the item(s) and any postage costs paid.

    Whilst we try to make sure that:
  • all weights, sizes and measurements set out on our website are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements; and
  • the colours of our items are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

10. Delivery

We use Royal Mail to deliver our items. Our delivery charges and Royal Mail’s estimated delivery times are as follows:

Standard 3-5 day delivery within the United Kingdom is FREE for all full priced items and for orders of sale items amounting to £50 or over.

For Next Day Royal Mail delivery a charge of £7 will be applied.This may be referred to as Special Delivery and will be guaranteed by Royal Mail to arrive the following working day.

A delivery charge of £7 will be applied to orders of sale items under £50, and these will be sent via Next Day Royal Mail delivery.

International Delivery options are available upon request.

Please note that we may take up to 5 working days to process and dispatch an order.

If our supply of items is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for any delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any items you have paid for but not received.

Please see our Delivery Information for more details.

11. Cancellation, Refunds and Returns

You have the right to cancel this contract within 28 days without giving any reason, subject to the following:

  • for hygiene reasons we cannot refund or exchange pierced earrings that have been worn or where the packaging that they have been delivered in has been unsealed, in such circumstances you will not be entitled to cancel the contract or to a refund or exchange;
  • we cannot refund or exchange items that have been made to your specification or which are clearly personalised and you cannot cancel such orders for such items once we have started to make them.

The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good delivered in your order.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to our registered office address or by email to {info@charlesfish.co.uk}). You can use the model cancellation form set out at the end of these Terms & Conditions, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

As a consumer, you have certain rights given by legislation that relate to faulty or misdescribed items. Nothing in these Terms & Conditions will reduce these rights.

12. Effect of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any items supplied, if the loss is the result of unnecessary handling by you.

As the packaging represents a significant part of an item’s value, an item will not be considered returned in the same condition if the packaging is not included or is damaged. You are responsible for ensuring that the returned items are packaged suitably. We therefore encourage you to save the packaging we provide you with until you are certain that you wish to keep the item.

Refunds will normally be issued within 2 working days of return of original item(s), and we will notify you via email once the refund has been processed. In any event, we will make the reimbursement without undue delay, and not later than:

  • -14 days after the day we received back from you any items supplied; or
  • -(if earlier) 14 days after the day you provide evidence that you have returned the items, or
  • -if there were no items supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Please see our Refunds and Exchange page for more details.

    If you have received items:
  • -you shall send back the items without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the items before the period of 14 days has expired;
  • -we will bear the cost of returning the items;
  • -you are only liable for any diminished value of the items resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the items.

13. Copyright and Intellectual Property

The website and all content on it, including but not limited to the Charles Fish name, logos, brand logos, images, text, graphics, photographs and icons, is either owned by or licensed to us and is protected by applicable copyright laws. All other intellectual property connected to the website or our products, packaging, marketing material etc. is ours or has been licensed to us and are protected by applicable intellectual property laws.

Nothing in these Terms & Conditions grants you any legal rights in the website other than as necessary to enable you to access the website, and you agree to not use the website or its content for any other purpose.

Your use of this website and its content grants no rights to you in terms of any copyright, design and other intellectual property and material rights relating to its content including software, HTML or other code contained in our website. Unauthorised use of these materials is prohibited.

14. Content and Links relating to Other Websites

We may occasionally include links to third party websites within the pages of this website, that deem to relate to our content, products of services. We have little or no control over such third party material and websites, and are not responsible for examining or evaluating the content or accuracy of such content. Therefore we do not accept any liability or responsibility for any third party material, websites or links. These links are provided solely as a convenience to you and you access such third party websites at your own risk.

15. Limitation on our liability

We must provide you with items that comply with your legal rights.

Nothing in these Terms & Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

THE WEBSITE IS FOR YOUR PERSONAL NON-COMMERCIAL USE ONLY AND WE ARE NOT LEGALLY RESPONSIBLE FOR ANY:

    LOSSES THAT:
  • WERE NOT FORESEEABLE TO YOU AND US WHEN WE EMAILED YOU TO ACCEPT YOUR ORDER;
  • THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART;
  • BUSINESS LOSSES;
  • LOSSES TO NON-CONSUMERS.

You use the service and the information and material on the website at your own risk. We are not liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the website or content or from any action taken, or omitted to be taken, as a result of using the website or its content.

16. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

17. Applicable law

These Terms & Conditions and any dispute or claim arising out of or in connection with them, their subject matter or formation and your use of the website are governed by and construed in accordance with English law. By accessing the website you agree to accept the exclusive jurisdiction of the English Courts in relation to any dispute or claim that may arise out of or in connection with these Terms & Conditions, their subject matter or formation or your use of the website.

Model cancellation form

If you wish to cancel an order using this form, please complete the form set out below and send it to us using one of the following address details:

To Charles Fish Limited

114 High Street Walthamstow

London

E17 7JY:

info@charlesfish.co.uk

I/We hereby give notice that I/we cancel my/our contract of sale of the following Items: Ordered on / Received on [*]:

Name of customer(s):

Address of customer(s):

Date:

Privacy Policy

Your privacy is important to us. This Privacy Policy describes how we collect and use your personal data. By visiting our website you are agreeing to accept our policy below.

1.What information do we collect?

In operating and maintaining our website we may collect and process the following information about you:

1.1. Information about how you are using our site such as details about pages viewed and resources accessed. This includes traffic data, location data and communication data.

1.2. When you search for or purchase a product we receive and store information you enter such as name, delivery and billing address, email address and phone number and credit or debit card details. This information is provided voluntarily by you and is used to complete your transaction.

1.3. Information you provide to us during communications, by means such as email and telephone.

2. How do we use your personal information?

We use the information that you provide us with and the data we collect from you to provide our services to you in the following way:

2.1. To process and arrange delivery of your order with us on our website.

2.2. To communicate with you when you request information from us regarding products or services.

2.3. To communicate with you about other products, services, news or special offers that may be of interest to you. Such communications will only be provided once you have consented to receive such information by subscribing to our mailing list or explicitly asking us to add you to our Newsletter database. If you agree to us providing you with marketing information, you can always opt out at a later date by contacting us at info@charlesfish.co.uk or clicking on the unsubscribe link in any marketing email. Please see below for more information about our mailing list.

2.4. We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us to develop our website and our services. These statistics will not include information that can be used to identify you.

3. Disclosing personal information

We won't disclose any personal information you have given to us to parties outside our company group, except when we need to do so in order to complete the transaction e.g. when arranging delivery of your item. We use SagePay and PayPal to process credit and debit card payments, who have access to the personal information you provide that is needed to perform their functions but may not use it for other purposes. We do not store or share financial information with third parties.

If our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

4. Your rights

You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should put your request in writing, provide us with enough information to identify you (e.g. account number, username, registration details) and specify the information that is incorrect and what it should be replaced with.

5. Keeping your data secure

We are committed to taking appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage to personal data, for example:

5.1. access to your account is controlled by a password and username that are unique to you;

5.2. we store your personal data on secure servers; and

5.3. payment details are encrypted using SSL technology.

While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.

6. Cookies

This website uses cookies to collect information regarding the users browsing behaviour and we use this information to help us deliver a high quality browsing and shopping experience for our visitors. By using and browsing on this website you are consenting to cookies being used in accordance with our policy. If you do not consent, please do not continue to use this website.

  • Fish Brothers Group Ltd
  • 114 High Street, Walthamstow, E17 7JY (Address and place of registration)
  • Company Registration Number: 81027
  • VAT number: 248106471

7.What are cookies?

A cookie is a small data file that is placed on a user’s computer or mobile device (smartphones or tablets) and is used to remember when that computer or device accesses a website. This information is used to enhance and tailor the browsing experience of the user.

The information we collect includes pages viewed and the user journey through the website. The purpose we use cookies for is to enable us to gather information about the browsing activities of our users, monitor traffic sources and pages visited and devices which we will use to improve our service to you.

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of this website.

8. Subscribing to our mailing list

When you subscribe to our mailing list we will store your email address to send you occasional e-newsletters keeping you up to date with the latest events, sales previews and offers. By opting in you agree to receive this information and accept that Charles Fish and Fish Brothers Group Ltd may use your information for future marketing and promotion purposes. We will NOT share your data with any other party. If at any time in the future our policy changes in any way, we will write to you informing you of these changes and requesting any relevant consent.

9. Changes to our policy

If any changes are made to our Privacy Policy, they will be listed here and supersede this version of the policy. We will take reasonable steps to draw your attention to any changes in policy if you are on our mailing list.

10. Your consent

By submitting your personal information you consent to the use of that information as set out in this policy.

11. Contacting us

If you have any questions about this policy, or if you would like to know what information we have collected about you, please email us at info@charlesfish.co.uk

The website www.charlesfish.co.uk is operated by Fish Brothers Group Ltd, registered in the United Kingdom. Registered office is at 114 High Street, Walthamstow, E17 7JY