TERMS AND CONDITIONS

Registered Office: CME Leicester Limited, 549 Aylestone Road, Leicester LE2 8TD.

Company number: 5722947

VAT Registration: No.GB 485 7949 72

CME is the trading name of CME Leicester Limited. Registered in England.
T: +44 (0)116 2832 240 F: +44 (0)116 283 3856 E: sales@cmejewellery.co.uk

Website:

www.cmejewellery.co.uk

‚Äčwww.cmejewellery.com

Basis of Sale

CME Leicester Limited (referred to as CME elsewhere in this document) is a Trade only supplier and therefore deals only with Business Customers. You are classified as a Business Customer if you provide evidence that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business. Buyers are required to register and provide information regarding their trading status in order to access the website and place orders.

CME shall sell and the Buyer shall purchase the Goods in accordance with these Terms and Conditions, which shall govern the contract to the exclusion of any other terms upon which any quotation is issued or purported to be accepted, or any such order is placed or purported to be made, by the Buyer, and for the avoidance of doubt and so far as the law allows all representations and other terms express or implied are hereby excluded.
No variation to these terms shall be binding unless agreed in writing between the authorised representatives of CME and the Buyer.

Your account

  1. In order to trade with us you must register with proof that you satisfy the above Basis of Sale conditions. You will be able to log on to our website with your own account login name and password to have access to the information stored in your account. You must keep your account name and password confidential. You must keep that information safe to prevent unauthorised users from having access to your account. Please inform us of persons authorised to use your account. You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  2. You must tell us immediately if you believe that your account is being used without your authority, or if you believe the security of your account information is compromised.
  3. You are responsible for all activity on your account, including, as examples only, purchases, returns and cancellations.
  4. Ensure that all information you give us for your account is up-to-date, accurate and complete. Please tell us promptly if any of that changes. You are able to amend your own details when you log on to your account on the website.

(We may, at any time, and without having to give any reason, suspend, modify or close accounts.)

Ordering

Orders can be placed by via the website, post, fax, telephone and email to:
CME Leicester Limited, 549 Aylestone Road, Leicester LE2 8TD.
T: +44 (0)116 2832 240 F: +44 (0)116 283 3856 E: sales@cmejewellery.co.uk.

The Buyer shall be responsible to CME for ensuring the accuracy of the terms of any order. Use of CME reference numbers is required to be submitted by the Buyer, and for giving CME any necessary information relating to the Goods within a sufficient time to enable CME to perform the contract in accordance with these terms. There is a minimum initial order for Goods which is currently £150 for an initial order and £25 for existing customers (December 2019).

When you place an order with us, you are offering to buy the Goods you order. There is no commitment on us to supply those Goods, at that price, or at all, until we decide to accept your order.

We may send an email to you to confirm that we have received your order and are processing it. That email is not a confirmation that we have accepted your order. There is no legally binding contract at that stage.

When we have received your payment and processed the order for delivery, we will send an email to tell you we have accepted your order. There is then a binding contract. We remain free to decline all or part of your order at any time before we decide to accept it. We will send an email to tell you if we decide to decline your order (or part of it).

We have to deliver to the cardholder at the address registered for the payment card. We cannot deliver to any other address and we cannot deliver to any third party without a written request. This helps protect you against fraud.

Prices

All prices are shown exclusive of VAT.

Prices are subject to change due to fluctuations in the currency rates and precious metal prices. Accurate prices are shown on the website. Catalogue prices are accurate at the time of going to print only.

Prices are subject to change without notice and orders are invoiced at prices current at the time of despatch.

Payment

Payments can be made by
1) BACS
2) Postal Order

3) Sterling Bankers Draft
4) Visa or Mastercard
5) Cheque (in Pound Sterling only)

6) Cash payment (In order to comply with Money Laundering Regulations (2007), Proceeds of Crime Act (2002), and the Terrorism Act (2000)): Cash transactions will not exceed £8,000 in a single transaction or multiple transactions over a one-year period.

Pro-forma Accounts

Goods are only despatched to Pro-forma customers (Pro-forma invoice) on receipt of payment and remain the property of CME Leicester Limited until they are paid for. The risk of the goods shall pass to the buyer on delivery but the ownership of the goods shall remain with the company until full payment has been received from the buyer (each order being considered as a whole). In the event of non-payment, the company shall be entitled to repossess the goods unless they have been subject to prior re-sale in the hands of the buyer or liquidator, receiver or trustee in the bankruptcy of the buyer.

CME reserves the right to cancel the order or suspend any further deliveries to the Buyer.

Invoice Accounts

Customers may request a form to open an invoice account. Generally, this is available only to customers who spend in excess of £500 per month as an average over a calendar year.

The risk of the goods shall pass to the buyer on delivery but the ownership of the goods shall remain with the company until full payment has been received from the buyer (each order being considered as a whole). In the event of non-payment, the company shall be entitled to repossess the goods unless they have been subject to prior re-sale in the hands of the buyer or liquidator, receiver or trustee in the bankruptcy of the buyer.

For Account customers, failure to settle within 30 days may result in following orders reverting to payment in advance.

All collection fees incurred by us regarding the recovery of overdue accounts will be passed on to the customer.

We reserve the right to charge interest on overdue accounts at a rate of 2.5% per month. Also note new VAT regulations will be applied.

Delivery

UK orders are generally delivered by Royal Mail Tracked or Special Delivery. Non-UK orders are delivered by any suitable Royal Mail or FedEx service. Postage will be charged at cost but dependent on parcel weight and value.

CME reserves the right to alter delivery charges and all deliveries will be invoiced at the prices current at the time of despatch.

Whilst every effort is made to ensure next working day delivery in the UK, this cannot be guaranteed generally and in particular:
(i) For all parts of the Scottish Highlands and Islands
(ii) In the event that the carrier used by CME fails to comply with instructions to deliver next working day
(iii) In the event of industrial action by the carrier used by CME.

CME cannot accept liability for any loss resulting from late delivery or non-delivery of Goods.

Part Delivery

CME carries extensive stocks of all products. If, however, certain items are not available on receipt of order, CME will supply all that is available from stock and invoice accordingly.

Back Orders

If any of the Goods ordered by the Buyer are not in stock at the time the order is placed, the Buyer will be offered the option of placing the Goods on Back Order for future delivery. CME reserves the right to cancel Goods on Back Order.

Delivery and risk

  1. The Goods are at your risk from the time of delivery.
  2. Please inspect your Goods promptly when they are received
  3. Notwithstanding delivery and passing of risk in the Goods, or any other provision of these terms, the property in the Goods shall not pass to the Buyer until CME has received in cash or clear funds payment in full of the price of the Goods and all other Goods agreed to be sold by CME to the Buyer for which payment is then due.
    In the event of non-payment by the Buyer for any Goods CME shall be entitled to repossess the Goods unless they have been subject to prior resale, in which case CME shall be entitled to the proceeds of the resale in the hands of the Buyer or any Liquidator, Receiver or Buyer’s trustee in the bankruptcy.

Damaged Goods and Returns

CME are unable to offer sale or return arrangements.
Items will only be replaced or credited provided it is clear that there is a manufacturing fault, or the damage occurs prior to delivery.
Items which have been worn will not be replaced or credited unless it is clear that there is a manufacturing fault.
Items delivered broken or faulty must be returned to us within 7 days accompanied by full details of the order date and invoice number.
Each item must be returned in its individual bag with the product code clearly marked.
Returns must be suitably packed for transit through Royal Mail machinery.

Claims can only be made within 7 days of delivery.
The issuing of replacements and credit notes is at CME’s discretion.

Errors

In the event of CME supplying your order incorrectly in any way, customers must contact CME immediately providing full details of the order date, account and invoice number. CME will endeavour to correct the situation immediately.

Insolvency of Buyer

If:
(i) the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation an reconstruction); or
(ii) an encumbrancer takes possession, or a Receiver is appointed, of any of the property or assets of the Buyer; or
(iii) the Buyer ceases, or threatens to cease, to carry on business; or
(iv) CME reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer accordingly; or
(v) an Administrative Receiver is appointed; then, without limiting any other right or remedy available to CME, CME may cancel the order or suspend any further deliveries under the contract without any liability to the Buyer, and if the Goods have been delivered but not paid for, the price of such Goods shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Purchases on credit accounts

  1. If you have an approved credit account, payment is due no later than 30 days after the end of the month in which the invoice was raised for financial transactions or 2 days after the date of the invoice for metal account transactions (unless otherwise agreed in writing).
  2. If you fail to pay us in full on the due date:
    1. We may suspend or cancel future deliveries;
    2. We may cancel any discount offered to you;
    3. You must pay us interest at the rate set under Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998:
      1. Calculated (on a daily basis) from the date of out invoice until payment;
      2. Compounded on the first day of each calendar month; and
      3. Before and after any judgment.
  3. If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without giving our reasons.
  4. You do not have the right to set off any money you may claim from us against anything you may owe us.
  5. While you owe money to us, we have a lien on any of your property in our possession.
  6. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly) following any breach by you of any of your obligations under these terms
    1. You must tell us immediately if you believe that your credit account is being used without your authority, or if you believe the security of your account information is compromised.
    2. You are responsible for all activity on your credit account, including, as examples only, purchases, returns and cancellations. You must hold us harmless against any liability or obligation incurred in the operation of your account, even if your password is being misused (other than through our negligence).
    3. We may charge you a finance charge (both before and after any judgment) on the amount unpaid (and all amounts then due) at the rate of 2 per cent per calendar month until payment is made in full (a part of a month being treated as a full month for the purpose of calculating the charge).

 

  1. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly) following any breach by you of any of your obligations under these terms

 

  1. Retention of Title
    1. until you pay all debts you may owe us
    2. all goods supplied by us remain our property;
    3. you must store them so that they are clearly identifiable as our property;
    4. you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
    5. you may use those goods and sell them in the ordinary course of your business, but not if
    6. we revoke that right (by informing you in writing); or you become insolvent.
    7. You must inform us (in writing) immediately if you become insolvent.
    8. If your right to use and sell the goods ends you must allow us to remove the goods.
    9. We have your permission to enter any premises where the goods may be stored:
      1. at any time, to inspect them; and
      2. after your right to use and sell them has ended, to remove them, using force if necessary.
    10. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
    11. You are not our agent. You have no authority to make any contract on our behalf or in our name.
    12. Please note that we may transfer personal information about you to those we may appoint to administer your account or recover amounts owing. That may include, for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us.

Force majeure

  1. If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our reasonable control, we may cancel or suspend any of our obligations to you, without liability.
  2. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

 

WEBSITE TERMS AND CONDITIONS

for www.cmejewellery.co.uk and www.cmejewellery.com

Welcome to our website. Your continued use of this site confirms your acceptance of these terms.

It is necessary to register with us in order to use most parts of this Website.

You may view and print the website only as a buyer or potential buyer from us. This Website may be used for your own private purposes and in accordance with these terms of use. You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent. All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. This website uses cookies ( see Privacy Policy) to monitor browsing preferences, and to allow you to retrieve your shopping bag at any time – if you do not allow cookies you will be unable to use this website for shopping purposes, and it may limit the functionality of the site for browsing purposes.

On this Website you may find links to other websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed: (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; (b) you do not misrepresent your relationship with this website; and (c) the website from which you link to this Website does not contain offensive or otherwise controversial content or content that infringes any intellectual property rights or other rights of a third party.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, 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. All material contained on this Website is provided without any warranty of any kind. You use the material on this Website at your own discretion.

We do not accept liability for any loss or damage that you suffer as a result of using this Website. Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the laws of the United Kingdom.

The Contract shall be governed by the laws of England, and the buyer agrees to submit to the non-exclusive jurisdiction of the English courts.

A person who is not a party to an order to which those terms apply, may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

Updated 06/01/20