These terms and conditions of use (Terms of Use) together with the policies referred to in these Terms of Use, set out the terms and conditions on which you may use our website, www.chalmersgems.com (our site)
Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to be legally bound by them. If you do not agree to these Terms of Use, please refrain from using our site.
Should you wish to purchase any goods shown or advertised on our site, you may place your order via our site or contact us on 07776 839958 or [email protected]. For goods to be delivered to destinations outside the UK, please contact us by telephone or e-mail before placing any order via our site. The supply of any goods described on our site is subject to our Terms and Conditions of Sale.
Our Privacy and Cookies Policy will also apply to your use of our site.
About Us
Our site is operated by or on behalf of Chalmers Gems Ltd (“we” or “us”). Chalmers Gems Ltd is a limited company registered in England and Wales under company number 12982408. Our registered office is at 3 Smallwood Street, Smallwood, Redditch, B98 7AZ. Our VAT number is 363495277.
Access to our Site
Although we aim to keep our site up and running smoothly, we will not be liable to you or any third party if for any reason our site is unavailable or interrupted at any time or for any period.
Access to our site is permitted on a temporary basis, and we reserve the right to suspend, withdraw, discontinue or amend the content and functionality of our site without notice. We will not be liable if for any reason our site is unavailable for any time or for any period.
You are responsible for maintaining your own internet connection and making all other arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use, and that they comply with them.
Your Account
If you choose to register an account on the site, if you are provided with or chose a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Use of our Site
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable law, regulation or code of practice;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- in any way that infringes any intellectual property right or right to privacy;
- to knowingly transmit any data, send or upload any material that contains any viruses, Trojan horses, worms, logic or time bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code; and/or
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use; and
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored; and/or
- any software used in the provision of our site.
Intellectual Property Rights
We are the owner or the licensee (as applicable) of all intellectual property rights in our site, and in the material displayed on it. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material on our site. You must ensure that any person to whom you have shown material from our site is aware of these Terms of Use and only uses such material in accordance with these Terms of Use. Our status (and that of any identified contributors) as the authors of material displayed on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors, as the case may be. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. If you print off, copy or download any part of our site, or use any materials or works shown on our site, in breach of these Terms of Use, your right to use our site will cease immediately. In such event, you must, at our option, return or destroy any copies of the materials you have made.
Our Liability
Nothing contained in these Terms of Use limits or excludes our liability for death or personal injury arising from our negligence, or our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Our site and the information and content contained on it are provided “as is” and, to the extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it whether express or implied (including without limitation any warranty that our site will be available, uninterrupted or error free).
To the extent permitted by applicable law, we hereby expressly exclude all liability:
- for any loss, damage or costs, whether direct or indirect, incurred or suffered by you in connection with our site or in connection with the use, inability to use, or results of the use of our site;
- for any loss or corruption of or damage to your hardware, software, data or information; and/or
- arising in respect of any websites linked to or from our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- waste of management or office time; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of any business of yours (including but not limited to the types of loss and damage excluded in respect of business users set out in the paragraph above).
The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
We do not guarantee that our site will be secure of free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We may update our site from time to time, and may change the content at any time. Whilst we endeavour to keep information on our site up-to-date and correct, we do not guarantee the accuracy of such information. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, Trojan horses, worms, logic or time-bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Our Rights
If we determine, in our discretion, that there has been a breach of these Terms of Use, we may take such action as we deem appropriate. Failure to comply with these Terms of Use may result in all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of the Terms of Use; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of the Terms of Use. The responses described in these Terms of Use are not limited and we may take any other action we reasonably deem appropriate.
Information About You
We process information about you in accordance with our Privacy and Cookies Policy. Please read this Privacy and Cookies Policy carefully as, by using our site, you consent to such processing.
Linking To and From Our Site
You may link to the home page of our site, provided you first obtain our consent. If we agree to you linking the home page of our site you must:
- do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
- not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and
- not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Applicable Law and Jurisdiction
These Terms of Use (together with any policies referred to in them) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a consumer, you and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, a use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence.
If you are a business or are using our site for business purposes, you and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising from, or related to, use of our site (including non-contractual disputes or claims), although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
Changes to these Terms of Use
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.
How to Contact us
If you have any concerns about these Terms of Use or any material which appears on our site, please contact us at [email protected].
