All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.
COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY
This Website ("www.thejqbrum.co.uk") and its contents are the property of ThriveSpace Limited and are protected by copyright and other intellectual property laws. Any unauthorised use of the contents of this Website may violate such laws.The collective work includes works that are licensed to ThriveSpace Limited. All trademarks, service marks and trade names used in this site are trademarks or registered trademarks of ThriveSpace Limited are used under licence. Except as expressly provided herein, ThriveSpace Limited and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the materials on this site.Except as specifically permitted herein, reproduction of any part of this website, including copying text and images, data-mining and screen-capturing of whatsoever nature without prior written permission of ThriveSpace Limited is strictly prohibited. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ThriveSpace Limited or purchasing ThriveSpace Limited products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ThriveSpace Limited or to purchase ThriveSpace Limited products. You may share our content on social media platforms with the sole purpose of helping promote our company, website and products and you shall not be paid in any way for doing so.You further agree not to change any proprietary notices, images or media downloaded from our website without the express permission of ThriveSpace Limited. ThriveSpace Limited accepts no responsibility for content put on websites that are not under our control.
This website and its content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ThriveSpace Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose and non-infringement. ThriveSpace Limited does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ThriveSpace Limited does not make any warranties or representations regarding the use of the content in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
ThriveSpace Limited shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ThriveSpace Limited has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ThriveSpace Limited without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
ThriveSpace Limited may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ThriveSpace Limited.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ThriveSpace Limited products) must be commenced within one (1) year after the claim or cause of action arises. ThriveSpace Limited's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ThriveSpace Limited may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend, and hold harmless ThriveSpace Limited, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, ThriveSpace Limited may link to sites operated by third parties. However, even if the third party is affiliated with ThriveSpace Limited, ThriveSpace Limited has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ThriveSpace Limited. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ThriveSpace Limited seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
APPLICABLE LAWS AND JURISDICTION
The provision of the Services is governed by the Laws of England and shall be subject to the jurisdiction of the English courts. The information contained within this website is subject to the UK regulatory regime. ThriveSpace Limited makes no representation that the materials available on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any rights not expressly granted herein are reserved.
This page (together with the documents/web pages referred to on it) tells you the terms and conditions on which we supply all of the "Products" listed on our website ("Our Site") to you. Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site. These Terms and Conditions were last updated 8th April 2021.
1. INFORMATION ABOUT US
The Jewellery Quarter Birmingham and The JQ Brum ("us", "our" or "we") are trading names of ThriveSpace Limited registered in England and Wales number 11006254. Our registered office is Office 2 Greswolde House, 197b Station Road, Knowle, Solihull, West Midlands, ENGLAND B93 0PU. Our UK VAT number is .
2. YOUR STATUS
By placing an order through our Site you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to contract with us to buy the Products. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation" or "Shipping Confirmation").The contract between us ("Contract") will only be formed when we send you the Dispatch/Shipping Confirmation. The Contract is made by you with ThriveSpace Limited in relation to the supply of the Products.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch/Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch/Shipping Confirmation.
3.3 We reserve the right to refuse any order placed.
3.4 Items are supplied on the understanding that they will not be used for commercial resale.
3.5 We observe a policy of zero tolerance towards abusive correspondence of whatever nature directed at our staff and operatives.
4. PRODUCT COLOURING, DETAILING AND CONDITION
4.1 Some of our product's colour shades, detailing, patterns and textures may differ slightly from the representative images displayed on our website. This is not a product fault.
5. AVAILABILITY AND DELIVERY
5.1 Please double-check that the Delivery Address you provide is accurate - see sections 5.8 and 5.9.
5.2 Your order will be processed within 1 to 3 working days, unless there are exceptional circumstances for example seasonal closure of our distribution centre.
5.3 We will contact you if there will be a delay in processing due to Products that you have ordered being out of stock or subject to manufacturing delay.
5.4 Your order will not be processed nor dispatched until correct payment has been received by us.
5.5 Do to the nature of the contents all packages must be signed for as proof of delivery.
5.6 If no-one is at your delivery address to sign for and accept your package at the time of delivery, the courier may attempt a second delivery or may leave a card with an address where you need to pick the package up from, and a time limit. Please make sure you collect the package in time, as they may return packages to us if you don't and we reserve the right to ask for a second delivery charge to re-dispatch your order to you.
5.7 Any arrangement outside of these conditions is at the customer’s own risk - for example requesting that the courier deliver to a neighbour or leave the package in a certain place and therefore it is not signed for by the customer.
5.8 If the courier cannot deliver to the delivery address you provided on your order because it is an invalid or incorrect address, or no one was at the address to sign for the package, or you do not collect your package from their designated depot, or for whatever reason the courier cannot correctly and contractually deliver, then we cannot be held responsible and if the package is not returned to us for whatever reason you cannot ask for a refund or a replacement from us.
5.9 If packages are returned to us by the courier for whatever reason we reserve the right to ask for a second delivery charge. Example reasons - due to you providing us with an invalid or incorrect delivery address or contact details, or due to non-payment of Import Duties in your delivery country, or due to no-one signing for or collecting the package from the courier.
5.10 If you are considering CANCELLING an order AFTER your package has been sent back to us by the courier for whatever reason please refer to our Returns Policy as you may not get a refund in some cases.
5.11 If the courier notifies us of a failure to deliver a parcel within a reasonably expected time frame, we will investigate the issue with the courier before considering what action we will take next.
5.12 If your parcel hasn't reached you within 14 working days of receiving your shipping notification, please contact us. If the time elapsed between placing your order and you notifying us that you have not yet received it is more than 21 working days, the courier may not be able to track your order and we will be unable to assist with the lost parcel.
5.13 In the event of error in entered delivery information, failure to pay relevant local taxes or failure to accept the delivery an administrative charge together with any delivery charges may be withheld from any eventual refund. Where delivery is refused for any reason the delivery charge and any return delivery charge may also be withheld for the same reasons.
5.14 In the unlikely event that there is an alleged discrepancy of any kind in your order you must contact us within 48 HOURS of the delivery. In order for us to investigate any alleged claim please keep all packaging and proof of delivery as we may also request a photograph of the total delivery and packaging.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery to you.
6.2 Ownership of the Products will only pass to you when we have received the full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of all Products are displayed on our Site, except in cases of obvious error.
7.2 Product prices are both displayed and charged in £GBP. These prices both exclude and include VAT but exclude delivery costs unless expressly stated on the Site in relation to particular Products or promotions.
7.3 The Delivery Charge will be calculated and shown to you on the CHECKOUT page once you enter a delivery address and prior to placing an order.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. If prices increase prior to your Dispatch Confirmation we will contact you for instructions before dispatching the Product.
7.5 Our Site contains a large number of Products and it is possible that despite our best efforts some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a Product's correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site we will contact you for instructions before dispatching the Product.
7.6 We are under no obligation to provide Products to you at the incorrect (lower) price even after we have sent you a Dispatch Confirmation if the pricing error is obvious or should otherwise have reasonably been recognised by you as a mispricing.
7.7 Payment for all Products must be by Debit or Credit card, by PayPal or by an unused and valid Gift Certificate balance. Your credit or debit card or PayPal account will be charged between the time when you place your order and when the Products are dispatched.
8.1 VAT (sales tax) is only charged if delivery is to a UK (VAT) area country.
8.2 If delivery is to a country outside the UK Fiscal (VAT) area you will only be charged our ex-VAT prices and an Import Duty may apply instead in some countries.
8.3 You need to complete your delivery address before we can determine whether VAT should be charged or not and to calculate the shipping charge.
9. IMPORT DUTIES
9.1 If delivery is to a country outside the UK Fiscal (VAT) area you may be charged an 'import duty / tax' in your destination country.
9.2 We have no control over import duties, taxes and thresholds, which vary from country to country; you may wish to contact your local customs office for clarification. We include appropriate customs documents where needed.
9.3 For example, deliveries to The USA are NOT liable for Import Duty or Taxes if the value of goods plus the shipping charge is BELOW a total of $800.
9.4 In some cases if you do NOT pay the Import Duty the Courier may not be able to complete the delivery and if the package is then returned to us by the Courier we will not provide a refund, but we can resend your package if you pay us a second delivery charge.
10. OUR REFUNDS AND EXCHANGES POLICY
10.1 We want you to be happy with your purchase. If you're not, you may be able to return the purchase for an exchange item or a refund but only in accordance with the terms stated in our Returns Policy.
10.2 Under the UK Consumer Rights Directive, online customers who have taken delivery of Products other than those marked 'bespoke' within the UK have consumer rights that may entitle them, should they wish to, to request an exchange, or return and refund, as long as they contact us within 14 calendar days of receiving the purchase. Once you are authorised to return the product you must do so within 14 days of that authorisation. Please take into account any seasonal closure of our distribution centre. Products marked as 'bespoke' are classed as customised and therefore are exempt from the Directive and not eligible for exchange or refund.
10.3 If delivery was to a country outside of the UK you may not be covered by consumer rights regulations and have no rights for refunds or exchanges once we have already dispatched your purchases.
10.4 It is not our responsibility to check the suitability and compatibility of products you have ordered. It is your responsibility to read and understand our product titles and descriptions so that you do not order unsuitable and incompatible products. If you do order incompatible products having ignored the product titles, descriptions and this warning, you will be liable to pay for the cost to return the purchase to us. If a suitable replacement product is then to be sent to you, you will need to pay another delivery charge and an additional payment if the price of replacement product is higher than the returned product. We will let you know the additional amount.
10.5 If you are sent a Product which you did not order in error you must contact us no later than 14 calendar days of receipt of the Product to discuss a Return or Exchange.
10.6 Items paid for using our Gift Certificates cannot be returned for a refund of the cash equivalent, however they can be exchanged for an alternative colour/size or a credit to their account if required by contacting us with a request within 14 calendar days of receipt of the item(s).
11. HOW TO RETURN AN ITEM
You can read our returns policy and how to request a return or exchange here.
12. WARRANTY POLICY
You can read our Warranty Policy here.
13. FURTHER INFORMATION ABOUT DELIVERY
You can read more Delivery Information here.
14. PRODUCT GUIDE - SIZES FITTING AND CARE
You can see some information about our Products here.
15.1 The liability of ThriveSpace Limited in connection with any Product purchased is strictly limited to the purchase price of that Product.
15.2 ThriveSpace Limited does not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
15.3 We will not be liable to you where we are unable to fulfil any of our obligations to you as a result of circumstances beyond our control.
16. LAW AND JURISDICTION
The place of sale for all transactions conducted on this website is England. All Contracts made with us for the purchase of Products will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
17. SEASONAL OR SPECIAL DISCOUNTS
For full terms and conditions regarding the discount offer, view the Discount Terms and Conditions here.