SALES AGREEMENT
Our Sales Agreement governs the relationship between both Her Next Smile and its customers. These terms apply when a successful transaction in return for goods and/or services has taken place. They may also apply during shopping, cancelling or tracking your order. Respectfully you agree that these terms govern the relationship between us and you while shopping on this website and we reserve the right to change these terms without notice as long it dose not hinder orders, services, delivery, your rights and/or cancellations.
The use of this website by its visitors is governed by this websites Terms of Use and only by making a purchase dose this sales agreement apply in full. Without making a successful transaction this sales agreement will not apply as you are not yet a customer. You may make a successful purchase without an account and this sales agreement will apply in respect to our customers.
Orders
By placing an order through the Website, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old and/or have permission from the bill payer;
You are placing the order as a consumer, i.e. an individual and not a business.
If we discover at any time that any of the above warranties (or any part of them) are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have against you under the general law.
All products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and we will not process your order if made.
Your placing of an order with us for a product constitutes an offer to buy the product from us and all orders are subject to acceptance by us. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this email of acknowledgement does not mean that your order has been accepted by us, or that a contract has been made between us. We will confirm to you our acceptance of your order by sending you a separate e-mail that confirms that we have accepted your order and along with details of when the product will be ready to be dispatched (order confirmation). The contract between us (Contract) will only be formed when we send you the order confirmation.
The contract will relate only to those products which are expressly referred to in the order confirmation as being part of the accepted order. If we are unable to supply all of the products listed in your order and have only accepted your order in respect of certain of those products, we will not be obliged to supply any of the remaining products which may have been part of your order until we have confirmed to you, by sending you a separate order confirmation, that we have accepted the order of any of those remaining products. The language of the contract will only be English.
Product & Quality Standards
To the best of our knowledge all of the gemstones are real and we do not purposefully intend to ship lab grown gemstones. However in some cases it can be impossible for us to quality test all items. In such circumstances you are agreeing to buy at your own risk. By purchasing an item via HerNextSmile LTD you understand that we take take reasonable care to provide quality tested products. We can not be held liable for the use of some or all materials provide to use by third parties.
In some cases such as manufacturing defects we may agree to replace or refund the item if returned as sold.
To be the best of our ability, all precious metal are quality tested for the same purposes and the same terms may apply. We take every step in ensuring we provide detailing descriptions of materials and or items taht may contain materials other than expected. This is in very rare instances of course.
Price and Payments
Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation. If you choose to pay for an item using a payment card with a currency denominated account which is not the currency quoted on the website, the account will still be taken in the currency which is quoted on the website and will be taken at the conversion rate applied by the relevant payment scheme at the time of processing your order.
These prices include VAT or any other taxes (if applicable) but exclude delivery costs, which will be added to the total amount due.
Risk and Ownership
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of any products purchased by you from us, including any delivery charges.
Until ownership of the products has passed to you, you will:
Hold the products on a fiduciary basis as our bailee;
Not remove, deface or obscure any identifying mark or packaging on or relating to the products;
Maintain the products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
Notify us immediately if you are deemed unable to pay your debts or as having no reasonable prospect of so doing.
Delivery and Returns
Please note that we cannot guarantee specific delivery times, any dates for delivery are intended to be estimates and time for delivery shall not be of the essence of any contract between us. If the product is in stock at the time we will aim to dispatch the product within 2 to 4 working days of the order confirmation. If a product (or substitute product) is unavailable or we anticipate any delay in the dispatch of the products or fulfillment of the delivery, we will contact you to agree a later delivery date. Please note that whilst we aim to fulfill the delivery of products within 30 days from the date of your order, it is possible that delivery may take place more than 30 days from the date of your order.
Deliveries are made by Royal Mail. Tracked orders by way of Royal Mail special delivery are available at an extra cost, we however recommend this option to our customers. Please double check your delivery information. We are not liable for any mistakes given to us however we will make every effort to confirm information given to us in respect of sales and orders.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by an event outside our control. We aim to deliver all items within 30 days however we are not responsible for deliveries made by Royal Mail once items have been posted.
Products may, at our absolute discretion, be returned to us (for a refund or exchange) within 7 working days, beginning from the moment the contract is concluded and ending 7 working days after the day on which you receive the product(s). In order to return a product to us, you must first inform us in writing (via Email) of your intention to return the product by way of postal delivery. If the product, in our absolute discretion, is eligible to be returned to us, we will inform you by email with further return instructions and information.
Any products which are not returned to us properly packed and strictly as delivered will not be accepted by us, will not be eligible for a refund or exchange, and we will not be responsible for any loss or damage to the products in transit or otherwise. The cost of delivery of the return of any product will be for your account and will, if a refund is due to you, be deducted from the amount due to be refunded to you, and if a Product is due to be exchanged, be payable by you before the exchanged product is dispatched to you. Products must be returned in the exact same condition that they were dispatched to you in, along with a receipt or parcel summary document, within the period specified by us via e-mail. When you return a product to us we will examine the returned product and will notify you if you are entitled to a refund or exchange via e-mail within a reasonable period of time. you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession. As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the sales agreement. We make all refunds via PayPal (if eligible).
Cancelling Your Order
If you wish to cancel your order please e-mail us using our contact page within 12 to 24 hours of ordering. We can not accept a cancellation if we have already dispatched products, we advise you to go through the returns process (if necessary) once you have given us notice. A full refund will be provided if we have not already dispatched the product(s).
Privacy
Our Privacy Policy here governs how we use and protect information of users of this website. We use PayPal to protect users personal information when purchasing products through this website. We do not govern the Terms of Use or Privacy Policy related to information collected via PayPal.
This Agreement
By purchasing a product/products on this website you are agreeing to these terms, we reserve the right to change or make amendments to these terms without prior notice. These terms were last revised on 23/01/2017 and apply from the date of revision.