Welcome to the Wearnes Website. By continuing to use this Website, you are indicating that you accept these Terms & Conditions of Use. If you do not agree to be bound by these Terms & Conditions of Use you should immediately stop using the Website.
Please note that any purchases you make on this Website will be governed by our “buying” Terms & Conditions for Buying Goods Online.
Please also read our Privacy Policy for details about data protection and how we use the personal information you give us through this Website.
You can print out any page from this Website, including any of its terms and conditions, by selecting Print from the File menu of your internet browser.
Definitions
“We” and “us” means Wearnes as a trading name of W Wearne & Son. “Website” means the website at “http://www.wearnes.co.uk” www.wearnes.co.uk and “http://www.cornishtinandgold.co.uk” www.cornishtinandgold.co.uk.
“You” means the person using the Website as a guest.
W Wearne and Son operates this Website. You can find further details about us here.
The terms and conditions quoted here also apply to any of our content displayed on agreed third party websites.
Website content
All copyright, trademarks and other intellectual property rights in all materials or content contained in the Website are owned or licensed by us (unless otherwise specified) or are the property of third parties offering goods for sale or posting details through this Website.
Except as specifically authorised below, you may not do any of the following without obtaining our prior written consent:
copy, reproduce, distribute, republish, download, display, post, transmit, commercially exploit or create derivative works of any part of the Website. This prohibition applies, but is not limited, to the text, graphics, animations, photographs, pictures, data, images, audio and video clips available from the Website;
download, edit, reproduce or use any material and content contained within the Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party; utilise any data mining, robots, or similar data gathering/extraction tools to extract (whether once or many times) for re-utilisation, any substantial parts of the Website; or create and/or publish your own database that features substantial parts of this Website (including without limitation prices and product listings).
You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our Contact Us page to apply for permission to reproduce the Website or any part of it.
Your obligations
You will not:
use the Website (or any part of it) for any illegal purpose and agree to use it at all times in accordance with all relevant laws;
upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer/mobile device or (ii) any material, including without limitations, any comments which are defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); create or publish a hypertext link to any part of the Website without our express written consent except that you may create a hypertext to the Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent (which consent we may withdraw at any time);
frame or use framing techniques to enclose any part of the Website or any content accessible on it without our express written consent. You will not use any meta tags or any other hidden text using our (or our affiliates’) names, logos, brands or marks without our express written consent. Any unauthorised use terminates the permission or license granted by us to use this Website in addition to our other rights; or
attempt any unauthorised access to any part or component of the Website.
You warrant that by accessing and using the Website you will not be in breach of any laws or regulations that apply to you.
We may monitor any activity and content associated with the Website. We will investigate any reported violation of these Terms & Conditions of Use or complaints relating to the Website and take any action that we believe is appropriate.
User generated content
Any information you submit to the Website, whether by way of comments, ratings, reviews any chat room function or otherwise, will not be treated confidentially and you acknowledge that such content shall be submitted strictly in accordance with our User Content Terms of Use.
Whilst we make every effort to monitor any contents uploaded by users on our Website, such content will often reflect a user’s opinion and we will not be responsible or liable to you for the content or accuracy of any materials posted by any other user on our Website.
Our liability to you
While we make every effort to ensure our Website is as accurate, current, complete or error free as possible, unless we are at fault we are not liable for any inaccuracies or errors which are beyond our reasonable control. In particular, we cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size. If you have any doubts about the colour, size or any other specification of the goods you wish to order, we recommend you contact us prior to placing an order on the Website.
The Website is provided, on an “as is” and “as and when available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website or its content offered on the Website.
We cannot guarantee that the Website is free from computer viruses, and you should take your own precautions in this respect. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. If a fault occurs in the service you should report it to admin@wearnes.co.uk and we will attempt to correct the fault as soon as we reasonably can.
We will try to make sure that the Website is always available. However, this is not always possible and access to the Website may be suspended temporarily and without notice in the case of any system failure, maintenance or repair or for any other reasons outside our control, as well as for any breach by you of these Terms & Conditions of Use.
We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website.
We remain liable however for:
loss, damage, death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentations;
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Links and third party e-commerce
The Website may contain links to other websites; these external websites are not under our control. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites. We are not liable for such websites and cannot make any guarantees about them.
If you use our Website to deal with a third party (for example to purchase insurance), it is up to you to read and comply with the Terms & Conditions and Privacy Policies of such third parties.
Please also see our Privacy Policy for more details of how we use your information.
Suspension or termination of the Website or services
We reserve the right to suspend or terminate the Website or remove any of the services on it with immediate effect at any time, and without notice, for example if:
there is a change in the law that limits our ability to provide the Website;
an event beyond our control stops us providing the Website (eg: technical difficulties).
Changes to Terms & Conditions of Use of this Website
We reserve the right to change these Terms & Conditions of Use from time to time. If this happens, we will post the new Terms & Conditions of Use on the Website. It is your responsibility to ensure you regularly check these Terms & Conditions of Use to familiarise yourself with their terms and check any updates. If you do not wish to be governed by the revised Terms & Conditions of Use, please stop using the Website.
General
These Terms & Conditions of Use are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.
If any part of these Terms & Conditions of Use is found to be invalid by law, the rest of them remain valid and enforceable.
User Content Terms of Use
These User Content Terms of Use govern your conduct associated with the customer ratings and review and the customer stories you may post or upload on our Website. To the extent there is any conflict between our Privacy Policy and these User Content Terms of Use, these User Content Terms of Use shall take precedence.
Your obligations when posting or uploading content
By submitting any content to us, you represent and warrant that:
you are the sole author and owner of the intellectual property rights in that content or that you have permission from the owner and you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 18 years of age at the time such material was created;
all “moral rights” that you may have in such content has been voluntarily waived by you;
all content that you post is accurate;
you are at least 18 years old;
use of the content you supply does not violate these User Content Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statutes, ordinates or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, of a sexual nature, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration;
that includes any information that references other websites, addresses, email addresses; contact information or phone numbers;
that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third party service providers, partners) harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorney’s fees, arising out of a breach of your representations and warranties set out above or your violation of any law or the rights of a third party.
How we may use any content you submit
For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and licence to use, reproduce, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technologies throughout the world (whether in whole or in part, and whether cropped, adapted, altered or otherwise manipulated) without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete (without notice) any content on our Website that we deem, in our sole discretion, to violate the content guidelines or any other provisions of these User Content Terms of Use. We do not guarantee that you will have any recourse through us to edit or delete any content you have submitted. Ratings and written comments are generally posted within 2-4 business days from submission. However, we reserve the right to remove or to refuse to post any submission for any reason.
You acknowledge that you are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on our part, our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
How we may use your details
By submitting your email address in connection with purchasing items, your rating and review or your stories, you agree that we, and any third party service providers, may use your email address to contact you about the status of your review and for other administrative purposes. This may also be used by ‘TrustPilot’ to ask for your feedback on your orders and experiences with us.
We may be required to disclose and shall disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
Terms & Conditions for Buying Goods Online
Welcome to the Wearnes online service. Please read these Terms & Conditions for Buying Goods Online before placing an order. By placing an order using this service you are accepting these Terms & Conditions for Buying Goods Online. These Terms & Conditions for Buying Goods Online only apply to goods purchased online using this Website.
Definitions & general considerations
“Personalised Jewellery” means any items of jewellery that is created by us in accordance with your specifications (this includes but is not limited to items with customised design, metals, stones or engravements).
“We” and “us” means W Wearneand Son. Wearnes is a trading name of W Wearne and Son.
“Website” means the website at HYPERLINK “http://www.wearnes.co.uk” www.wearnes.co.uk or cornishtinandgold.co.uk.
“You” means the person using the Website to purchase any of our goods online.
“Working days” means all days other than Saturdays, Sundays and English statutory and public holidays.
By using the Website to buy goods online, you confirm that you are at least 18 years old, or, if you are under 18, that you are placing an order on this Website with the consent of your parent or guardian. We do not sell goods to children online, but we do sell children’s goods for purchase by people over 18.
Process for online orders and cancellations
Ordering process and contract formation
By completing and submitting an electronic order, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
Certain steps must be followed for a binding contract to be formed between us, which are described below.
After you have placed your order:
we will send you, as soon as possible, an email to acknowledge your order. It will confirm which goods you have ordered. This email is not an order acceptance from us and at this stage no contract is formed between us;
when we despatch your goods from our premises, we will send you a confirmation email (“Despatch Email”). This email constitutes a formal acceptance of your order by us. This also means that a binding contract between us is formed and you and we are obliged to fulfil our obligations under that binding contract.
Important note regarding Personalised Jewellery: The above order process does not apply in relation to your orders for Personalised Jewellery. We will acknowledge your order as described in step 1 above, however the following order process shall apply:
We will send you an order confirmation by email on or shortly before the date on which payment for your Personalised Jewellery will be processed. This email constitutes a formal acceptance of your order by us. This also means that a contract between us is agreed and we are obliged to fulfill our obligations under this contract.
Your payment will generally be processed within a maximum of 2 to 3 days (excluding weekends and bank holidays) from the date on which you receive our order confirmation email.
Once your order is ready for dispatch from our premises, we will send you a dispatch confirmation email.
Please note orders will only be despatched once we have authorisation from your payment card issuer. We will aim to inform you as soon as possible if there is an issue with the payment authorisation process or with any validation checks for your order. We will not accept your order if payment is not authorised. Where there are issues with the authorisation process or validation checks, your delivery may be delayed as a result.
We do not have to accept your order, and in particular, we will not accept your order if:
we do not have the goods in stock/the goods in stock appear to be damaged;
your payment is not authorised;
there is an error on our Website regarding the price or other details of the goods;
you have cancelled your order in accordance with the instructions below
We will be in contact with you as soon as practicable (by email or by phone) in each of the above circumstances to discuss your options. We reserve the right to refuse any order.
Cancelling an order before despatch
If you change your mind after placing an order, you can cancel it at any time before we have sent our Despatch Email to you. Please see the “How to get in touch with us” Contact Us page for our telephone number and email. To cancel your order, you will need to give us your name and address details, as well as your order number.
If you cancel part of an order the postage and packaging charge is recalculated on the price of the goods you keep. This may affect your delivery charge payment.
Please note the above does not apply to your orders for Personalised Jewellery (please see our dedicated Personalised Jewellery order section below).
Returning goods after despatch
Cooling off period
When you order from us online, you are entitled to a cooling off period after despatch of your goods. During this cooling-off period, you can return your goods without any charge. Our cooling off period is 7 days (from delivery of the goods to you) which includes any statutory cooling off period.
This period starts the day the contract is agreed and becomes binding (i.e. you receive a Despatch Email from us) and ends 7 days after the day following delivery of the goods.
Unless we are at fault (for example where you have received faulty items), certain items are excluded from the cooling off period guarantee: these include Personalised Jewellery or engraved items, as well as pierced items (i.e. earrings, belly bar bells etc.) where their packaging has been open (please also see our dedicated “personalised” Personalised Jewellery order section below).
Faulty goods
If you do receive faulty goods, please follow one of the procedures outlined on the “Information about How to return items” How To Return Items page.
Returning a gift
Cash refunds for gifts can only be made to the payment card used to purchase the goods. So if you buy a gift online, the recipient will not be able to get a cash refund if they want to return the goods but we will exchange the unwanted gift for “Information about Gift Cards” Gift Vouchers to the value of the gift, provided the goods are taken at any Wearnes Store within the Cooling off period.
Returning goods
Please refer to our Returns & Exchanges page for details of how and where to return goods. If you wish to return goods you have a duty to keep them in your possession and to take reasonable care of them until you return them. Please “How to get in touch with us” telephone us *if you would like to return your goods and we will send you information on where to return the goods. Goods must be returned in their original condition, including immediate packaging, within the cooling off period.
* Calls are charged at local rate and may be recorded. Our lines are open 9am-5pm Monday to Saturday.
We accept refunds or exchanges of pierced items provided they are returned in their original (unopened) packaging. If you would like to return your pierced items please ensure the plastic bag containing your order remains sealed. If the items have been removed from the bag or if the bag has been tampered with, we cannot refund or exchange the item due to hygiene reasons.
Our returns policy does not affect your statutory rights. For further information on your statutory rights look at http://www.consumerdirect.gov.uk
Personalised Jewellery orders
When you order Personalised Jewellery from our website, we will create a specific and potentially unique piece of jewellery designed around your own specific requirements.
You may change your mind and notify us that you wish to cancel your order for Personalised Jewellery at any time before you receive our email confirming acceptance of your order for Personalised Jewellery” Ordering process and contract formation above).
Once you have received our order confirmation email, a binding agreement will be formed and you will no longer have the ability to cancel your order. If however your item is faulty or does not match the specifications contained in your order, please refer to our Returns & exchanges section.
Product availability
If the goods you have ordered are unavailable, you will receive an email notification or call from us to confirm this.
For more details on our delivery options see the “Information about deliveries” Delivery information page.
Some goods indicated on our website as such, are not available to buy online, but are available to buy at your local Wearnes store.
Pricing and payment
Prices throughout the Website are quoted in Pounds Sterling and “Information about payment” payment can only be accepted in Pounds Sterling. Prices include VAT. Packing and delivery costs will be added to the total price of your goods (and will be clearly indicated on your order check out page). Prices quoted on the Website are applicable exclusively to goods purchased through this Website. Prices applicable to goods for purchase in Wearnes stores may differ from those quoted on this Website.
While we make every effort to ensure that the goods shown on our Website are currently available at the price shown on the Website, we cannot guarantee that this will always be the case. If goods you have ordered online are unavailable at the price or conditions shown, you will be notified as soon as possible.
If a pricing error is made on our Website or in the ordering process we will inform you as soon as possible and give you the option of buying the goods at the correct price or cancelling the order. Your order will be cancelled and no payment will be taken from you if we cannot get in contact with you to notify you of the error.
Your payment card will be debited for your order on the day that we send you the Despatch Email (i.e. the day on which we despatch your goods).
See “Information about deliveries” Delivery information page for more details on how to have your order delivered for free.
Our Liability
While we make every effort to ensure our Website is as accurate, current, complete or error free as possible, unless we are at fault we are not liable for any inaccuracies or errors which are beyond our reasonable control. In particular, we cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size. If you have any doubts about the colour, size or any other specification of the goods you wish to order, we recommend you “How to get in touch with us” Contact Us prior to placing an order on the Website.
We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website.
We remain liable however for:
loss, damage, death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentations;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Changes to Terms & Conditions for Buying Goods Online
We reserve the right to change these Terms & Conditions for Buying Goods Online from time to time. If this happens, we will post the new Terms & Conditions for Buying Goods Online on the website. If you do not wish your purchase(s) to be governed by the revised Terms & Conditions for Buying Goods Online, you must not place any further orders.
These Terms & Conditions for Buying Goods Online are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.
If any part of these Terms & Conditions for Buying Goods Online is found to be invalid by law, the rest of them remain valid and enforceable.
Other Information
Company Information
W Wearne & Son
Registered office:
15 Meneage Street,
Helston,
Cornwall
TR13 8AA
VAT Registration no. 132 1071 28
W Wearne and Son is a member of the National Association of Goldsmiths.
Contact us
If you have any questions relating to this website, please contact us:
Email: info@wearnes.co.uk
Telephone: 01326 572154
Write to: Customer Services Department, W Wearne and Son, 15 Meneage Street, Helston, Cornwall TR13 8AA
