4.1 The price of the Goods shall be that stipulated on the Website. VAT is payable on all goods delivered to the UK. Goods delivered to countries outside the UK are not subject to VAT and this will not be charged at checkout.

4.2 The total purchase price, including VAT (if applicable) and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.

4.4 Payment of the price plus VAT (if applicable) and delivery charges must be made in full before dispatch of the Goods.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

5.4 All goods are described to the very best of the Seller's knowledge with respect to type, size, shape, colour and clarity. All stated weights and measurements are approximate.

6 DELIVERY

6.1 Goods will normally be dispatched within 2 working days of acceptance of order, although delays may occur.

6.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a refund.

6.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

6.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

7 CANCELLATION AND RETURN

7.1 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by e-mail or phone within 14 working days of receipt of the Goods. Any payments made by the Buyer shall be refunded in full within 28 days.

7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mail or phone within 14 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

7.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.

7.4 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods except for return postal charges within 28 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

7.5 Goods to be returned must clearly show the order number obtained from the Seller inside the package.

7.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

8 GIFT VOUCHERS

In addition to these terms and conditions the following terms and conditions shall apply to the sale of gift vouchers:

8.1 Gift vouchers will be sent to the email address specified in the order. Payment must be made in full before dispatch of the gift voucher.

8.2 Gift vouchers can be redeemed online at www.thecuriousgem.co.uk only.

8.3 Gift vouchers cannot be exchanged, returned or redeemed for cash in part or whole.

8.4 Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired.

8.5 Gift vouchers cannot be replaced if lost or damaged.

9 LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

10 WARRANTIES

10.1 We warrant that the goods:

• comply in material respects with their description on our website; and
• are free from material defect at the time of delivery

10.2 The descriptions of goods on our website are for identification only. The goods may vary slightly from their description, of appearance, technical specification, dimensions and weight, and performance.

10.3 If you believe that we have delivered goods which are defective in material or workmanship, you must:

• Inform us (in writing), with full details, as soon as possible; and
• Allow us to investigate (we may request photographs).

10.4  If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price.

11 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.