Terms and Conditions
Retail Terms and Conditions of Sale ("terms") for Rubyfruit Online Store as from October 2017
1.In these "terms" “the Company” means Dirty Napkin Limited, trading as Rubyfruit and “the Customer” means the person to whom this document is addressed. These "terms" shall form the basis of the contract between “the Company” and “the Customer”.
2.An order made by you on the Website constitutes a binding offer to conclude a purchase agreement with “the Company”. The binding purchase agreement only comes into existence when “the Company” accepts your order either on the Website or by dispatching the goods ordered. The goods and price information on the Website is subject to change without notice. You will be charged the price displayed on the Website at the time of your order.
3.If goods you ordered are not available within 5 days of your order “the Company” can withdraw from the purchase agreement even if it has confirmed acceptance of your order. If “the Company” withdraws from the purchase agreement, it will immediately inform you and refund the amount already paid by you for these goods.
4.Payment in full is by credit card or PayPal through SagePay which is known as one of the most secure sites in Europe. We aim to despatch orders by the next working day after receipt. Standard delivery is currently free when your order is £30 or more. Otherwise to the U.K delivery is currently charged at £2.70 and sent first class by Royal Mail or by Royal Mail Next Day Delivery where a charge of £5.50 is made. The total payment for your order will be on the screen as part of the check out procedure.
5.Any damage and/or shortage in delivery must be notified in writing to “the Company” within five days of delivery.
6.“The Company” shall not be liable for any loss or damage caused by the delay in performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond “the Company’s” control including, but not limited to, an Act of God, war, civil disturbance, requisitioning, governmental or parliamentary restrictions, prohibitions or enactments of any kind. “the Company” is not liable for any damage, unless such damage has been caused by intent or by gross negligence. Notwithstanding the foregoing if “the Company” is liable for damage, then liability will be limited to the purchase price. The above liability limitations apply to all claims for damages no matter what the legal grounds may be, inclusive of tortuous acts; they do not apply to potential liability according to the regulations on product liability. The rights of customers based on consumer protection laws in force are not affected.
7. All jewellery is individually designed and these designs remain the property of “the Company” and may not be reproduced. The contents of the web online store, including information, date, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “content”) are protected by copyrights, trademarks, patents, and/or other proprietary rights. All “content” is copyrighted to the fullest extent allowed by law. Except as expressly authorised or licensed, you may not, copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the “content” in whole or in part.
8.We are committed to protecting privacy, we will only use the information that we collect to process your order and to provide you with the best service possible. We will not pass your details onto any third parties.
9.The contract shall be governed in all respects by English Law and “the Company” and “the Customer” agree to submit to the jurisdiction of the English Courts.