Terms & Conditions

Welcome to our website www.sugarpearljewellery.com (hereinafter known as the "Website"). The Website is owned by Sugar Pearl Jewellery (hereafter known as ‘Sugar Pearl’) and registered in England, with registered address at 2 South View Drive, London, E18 1NX and email address at enquiries@sugarpearljewellery.com.

Any purchase of goods from the Website requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and conditions set out herein, and acknowledges that you have read these terms and agree to be legally bound by them. In the event that you do not agree to be bound by these terms, you are requested to refrain from using the website and /or performing any activity therein.

General Terms

We can only conclude the contract with you in English and not in any other language.

You must be at least 18 years of age and have legal capacity to buy any goods from us. 

We reserve the right in our absolute discretion to refuse access to or change the content of our website, reject any order or terminate any account you may open with us. 

We may change the terms and conditions relating to the sale of our goods from time to time. If we do so, we will post the changes on our website. You will be responsible for reading these Terms and Conditions each time you use this website, and your continued use of it will confirm your agreement to be bound by the terms and conditions which apply when you use the website or place any order with us. 

If you are not an individual, you confirm that you have full power and authority to bind any business on whose behalf you place any order. 

Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. We only deliver goods to delivery addresses in the geographic zones that we service. You must be resident in or your principal place of business must be in the same country of the delivery address. When you place an order to buy any goods, your residential address must appear in your order. When you state that address in your order it will be a representation by you that you reside in or your principal place of business is in the same country of the delivery address and we will be relying on that representation if we accept your order. 

Your Account 

You must ensure that all information you supply to us in relation to your account with us is complete and accurate and that you inform us of any change in that information.

You are responsible for protecting and maintaining the confidentiality of your log in name and password to your account and ensuring that there is no unauthorised access to or use of your account. If you think that anyone has unauthorised access to your account, you must inform us immediately. You will be liable for all transactions that occur using your log in name and password.

Goods ordered are subject to availability. If they are not in stock when you place your order, we will inform you of that as soon as reasonably practicable and refund or re-credit you for any amount you have paid or has been debited from your credit or bank debit card for any goods. 

Orders 

Please see FAQ's for information on how to place an order and Delivery Information for home delivery arrangements.

Any order you place to buy any goods featured on our website is your offer to us to buy the goods. We will send you an email, to the email address you provide in your order, acknowledging your offer and confirming details of your order. However, that email will not be acceptance of your order, neither will it be a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with goods on the basis of any incorrect information, even if that information is repeated in your order.

You will be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process you order.

We may acknowledge receipt of your order on our website or by email. This is not our acceptance of your order, but confirmation that your order has been received.

You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.

You may not assume we have accepted your order until we send you an acceptance by email. Only if and when we have despatched the Goods to the address provided by you, shall we have a legally binding contract (hereafter known as the ‘Contract’) between us.

We will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. In particular we must receive payment of the whole of the price for the goods that you order before your order can be accepted. If we refuse your order we will let you know as soon as we can. If we accept your order we will inform you without undue delay.

Once we have entered into a contract with you we shall supply you with the items specified in your order in accordance with the terms of the contract.

The Contract between us will consist of (1) these terms and conditions together with our Terms and Conditions of use and our Security and Privacy Policy, (2) your order and (3) our acceptance. We will not file the concluded contract between us online and you should therefore print out and retain copies of each element of the contract.

Price and Payment

The price of the goods you order will be the price for them displayed on our website when you place your order for them plus delivery charges. Prices include VAT, where chargeable, at the applicable current rates but exclude the cost of any other taxes, duties or charges imposed or payable in respect of goods, all of which must be paid by you. However, errors may occur and incorrect prices for goods you have ordered may be shown on our website. We will let you know if we discover any error in the price of those goods and give you the option of confirming your order, at the correct price, or cancelling it. If we cannot contact you, the order will be treated as having been cancelled. If it is cancelled and you have paid for the goods, a full refund will be made.

Unless we otherwise agree in writing, all prices for goods shown on the website are for delivery of the goods to you at your address stated in your order. If we are to deliver the goods to you elsewhere, in addition to the price, you must pay our delivery charges as set out in delivery charges schedule. Unless we otherwise specify, the price includes packing them in accordance with our standard practice.

You must pay the sums payable by credit or debit card. You undertake that all details that you provide to us will be correct, that the credit or debit card used belongs to the person submitting the order and that there are sufficient funds or credit facilities to cover the sums payable. We reserve the right to obtain validation of any credit or debit card details before accepting any order.

Delivery Terms

Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.

Delivery times are estimated and are not guaranteed, however, we will do our utmost to ensure goods are delivered within the stated time after your order is accepted. For the avoidance of doubt, time for delivery shall not be of the essence. We shall not be liable for delays or failures in delivery caused by a failure to gain access to the delivery address on the agreed delivery date or failure to obtain a signature. Furthermore, we shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.

If you fail to provide us with a correct delivery address or do not accept delivery of the goods or we are unable to deliver them when we try to do so then, unless that is due to our default, we will without affecting our other rights arrange for storage of the goods until you arrange for them to be re-delivered to you or collected by you. Any additional re-delivery costs incurred will be for the Customer’s account.

If the goods are not collected or delivered within 7 calendar days of the date on which the first delivery was attempted, we may terminate the Contract by notice to you and refund the price of the goods paid by you, less the delivery charges, as soon as possible but in any event within 30 days. 

You will become the owner of any goods you order on this website when the goods are delivered to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction. However, if you cancel the Contract in accordance with the Terms and Conditions, ownership of the goods will revert to us on the date of cancellation.

Loss or Damage in Transit

All products leave our premises in perfect condition. The customer must notify the carrier of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product (if available) will then be sent to the customer at no additional charge.

No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.

As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse Sugar Pearl, who will (if available) deliver a new, identical package to the customer free of charge.

In the event that a replacement identical package is unavailable, Sugar Pearl will refund to you the whole or part of the amount paid by you for the goods in question in whatever way we choose.

Sugar Pearl will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to Sugar Pearl and the carrier within three (3) business days of delivery.

Delivery Errors

The customer must inform Sugar Pearl immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.

Any claim made after this time period will be rejected.
All claims must be made in writing and sent to Sugar Pearl’s address.

Any claim that does not respect the rules defined above cannot be taken into account and releases Sugar Pearl of any responsibility to the customer.

In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to Sugar Pearl in whole, in its original packaging and in perfect condition to Sugar Pearl’s address.

For claims to be accepted, the customer must first complete the ‘Product Returns’ form on the website and make a request to Sugar Pearl to return the product informing reasons for the return. Sugar Pearl will then review product return request and confirm consent to proceed with the return. If accepted, the customer will post the package to Sugar Pearl’s address, in accordance with Sugar Pearl’s postal instructions.

Postage fees shall be at Sugar Pearl’s expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.

Returns Policy - Your Right to Cancel the Contract

If for any reason you are not completely satisfied with your purchase, all of our jewellery carries a money back guarantee. Any items, except earrings* or items made to your specification or which are clearly personalised, can be returned within seven business days, starting at the time goods are received for a refund or exchange.

*Sugar Pearl reserves the right to refuse exchange of earrings for reasons of health and hygiene. Refunds for earrings will only be given in the event that they are faulty.

To claim your refund or exchange, you must give us, within 7 (seven) business days, written notice of your intention to return the product by completing the ‘Product Returns’ form on the website giving details of the products to be returned and sending it to us by email to the relevant email address shown on the website.

Sugar Pearl will then review product return request and if in accordance with the conditions of this paragraph will confirm consent to proceed with the return. If accepted, the customer will be responsible for returning the item (s) in perfect condition, unused and in their original packaging to Sugar Pearl’s address as stated on the website within 5 (five) business days of the date of the notice of cancellation. Postage costs will be for the customer’s expense and are not refundable, unless the item returned is faulty. Remember to include your name, address and order number and to specify whether you would like a refund or exchange.

The item is your responsibility until it reaches us.  We do insist that you use the Royal Mail Special Delivery service to return the item(s) to us. Sadly, parcels we have sent by any other service have frequently gone 'missing'. Returned goods which are lost in the post, arrive damaged (including damage to original packaging), show obvious signs of wear or in an unfit condition for re-sale, will NOT be refunded or exchanged.

Keep the Special Delivery ticket and receipt in a safe place. This has a unique tracking number that will help the Post Office trace your parcel in the event it is lost. Remember to also write your name and address on the back of the parcel. Please see FAQ's for full details on how to return the goods to us.

Refunds will be re-credited to your credit or bank debit card as soon as possible and in any event within 28 days of receipt of returned items. Goods that are returned to us without their original packaging will be refunded less a deduction of 10%.

If you do not return the goods as required, we may recover them and charge you for the direct costs of recovery. 

Content of the Website

Every effort has been made to ensure the accuracy of the information presented on the Website. The information contained on the Website is for general impression only. Sugar Pearl reserves all of its rights to change the information as required, and according to its full and absolute discretion. Sugar Pearl does not guarantee that the information on the Website is or shall be up-to-date at any given moment, and is not obligated to update the information that appears on the Website. As such, Sugar Pearl cannot guarantee that each product that appears on the Website is and/or shall be available in its stock. Furthermore, Sugar Pearl reserves every right to change the prices of the items set forth on the Website, without any prior notice and without updating the Website.

Sugar Pearl shall not bear any liability, toward any person and/or entity, for any damage, cost and/or expense, whether direct or indirect, of any kind whatsoever, which might result from any error and/or inaccuracies and/or omissions in and/or with respect to the information displayed on the Website and/or any part thereof (hereinafter: "Error").

Sugar Pearl reserves every right to correct any errors in that information without liability toward any person and/or entity. Should any Error relate to the price and/or qualities and/or features and/or availability of any product which is set forth in the website, Sugar Pearl shall not be contractually bound to supply the goods on the basis of the incorrect information in any manner whatsoever.

The photographs on the Website are for illustration purposes only. There may be differences between the appearance of any actual product and the appearance of such product in the photographs and/or illustrations set forth in the website. Sugar Pearl shall not be liable due to any differences of this sort.

Licence and Copyright

Sugar Pearl’s Website contains copyrighted material, trademarks, designs and other proprietary information, including, but not limited to, jewellery, software, text, photographs, graphics, and the entire content of the web site are the sole and exclusive property of Sugar Pearl, and are protected as such under applicable national and international laws.

Sugar Pearl owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Sugar Pearl.

The Website may contain other names, company names, brand names, registered and unregistered trademarks or service marks and logos (hereinafter: "Marks"). Such Marks are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder of such Marks with respect to such use.

Liability and Disclaimer of Warranties

Whilst Sugar Pearl uses reasonable efforts to include accurate and up-to-date information on the Website, Sugar Pearl specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, timeliness, reliability, or operability or availability of information or material displayed in its web site(s) or on any external web sites linked to them, either now operating or created in the future. Sugar Pearl disclaims any responsibility or liability for typing errors and/or omissions, deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Sugar Pearl disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Sugar Pearl web site.

Sugar Pearl does not warrant or guarantee: (i) that any portion of the Website is or shall be free of infection by computer viruses, spyware or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.

Sugar Pearl reserves the exclusive right to discontinue your use of the Website, at any time, at its sole discretion, for any reason or without any reason.

Sugar Pearl disclaims any and all responsibility or liability for content posted by any person,  third party or entity on its web site(s) or on any external web sites linked to them.

Sugar Pearl may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.  While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Sugar Pearl endeavour to ensure all images are a true representation of the finished product, however there might be slight variations due to print, browser and publishing limitations. Please note images are not always actual size.

Sugar Pearl reserves the right to change, modify, substitute or remove without notice any information on the site as required.

Sugar Pearl does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, and/or loss from claims of third parties arising out of the use of Sugar Pearl’s website, or for any products or services purchased from Sugar Pearl. Sugar Pearl will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.

Proof of Transaction

The records stored in Sugar Pearl’s computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.

Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.

Our rights to cancel the contract

We may cancel the contract between us if :- (i) the goods you have ordered are unavailable for any reason; (ii) we do not deliver to your area; (iii) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 10 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Circumstances outside our Control 

Without limiting the foregoing, under no circumstances shall Sugar Pearl be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, failure of or delay in receiving supplies,fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of 3rd-parties.

Partial Invalidity

These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.

Non-Waiver

No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.

Data Protection

All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.

Governing Law and Jurisdiction

The laws of England will apply to these Terms and Conditions and all claims and legal proceedings arising in connection with it will be subject to the exclusive jurisdiction of the Courts of England. 

In case of dispute or claim, the customer agrees to seek an amicable solution with Sugar Pearl before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the Courts of England.