Terms & conditions

These Terms

1. It is important that you read these terms and conditions (“Terms”) carefully before ordering any Product(s) (“Products”) from blackacreldn.com (“Website”). Together with our Privacy Policy, Website Terms and Terms of Sale these terms and conditions govern our relationship with you in relation to this Website and your purchase of our Products on this Website.
2. We advise you to print a copy of your Order and these Terms of Sale for your information and safe keeping.
3. By placing an order for any Product(s) on this Website (“Order”) you agree to be bound by these Terms of sale and by continuing to access the Website you agree to accept the Terms and Conditions, which may be updated or changed by us from time to time. A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms.

About Blackacre

1. We are Brockshill Limited (“Blackacre”) trading under the registered name of Blackacre, a company registered in England and Wales at Companies House and our registered number is 10938851
2. You can contact us at that address, or via email at hello@blackacreldn.com or by telephone on (0)20 384 44 834 between the hours of 09:00am – 17:30pm BST, Monday – Friday.
3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. When we use the words “writing” or “written” in these terms, this includes emails and WhatsApp.

Terms Of Sale

1. These are the terms on which we sell all Products to you. By ordering any of the Products, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Products form the Website if you are eligible to enter in to a contract and are at least 18 years old
2. Definitions
   1. Consumer means and individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
   2. Contract means the legally-binding agreement between you and us for the supply of the Products
   3. Products means the goods advertised on the Website that we supply to you of the number and description as set out in the Order
   4. Order means the Customer’s order for the Products from the Supplier as submitted following the step by step process set out on the Website
   5. Website means our website www.blackacreldn.com on which the Products are advertised
   6. Privacy Policy (together with the Website Terms of use and Cookies Policy) mean the terms which set out how we will deal with the confidential and personal information received from you via the Website

Products

1. The description of the Products is set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Products supplied.
2. In the case of any Products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3. All products which appear on the Website are made to order and therefore have varying lead times, details of lead times specific to each product can be found on the website. Product lead times are provided as an estimate and small variations to these may occur.

Basis of Sale

1. The description of the Products in our Website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
3. A Contract will be formed for the sale of Products ordered only when you receive an email from us confirming the Order (Order confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
4. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Pricing

1. The price of the Products and any additional delivery or other charges that are set out on the Website at the date of the Order or such other price as we may agree in writing.
2. For the creation of bespoke engagement rings and other products we deem appropriate we request a 50% deposit to secure an order with the remaining balance due on the delivery of the final piece.
3. Prices and charges include VAT at the rate applicable at the time of the Order. Purchases made within the European Union and then exported outside of the European Union are exempt from VAT, and can therefore be reimbursed as per the UK VAT Retail Export Scheme. When purchases are made in-store, we are able to supply the appropriate form. The completion of this form and its correct use is your own responsibility.
4. Payments for orders through the Website are made by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before the delivery of Goods
5. For products purchased through written communication payments will be taken via Bank Transfer or payment via telephone using a Credit or Debit Card
6. Payments via bank transfer should be made to the following account using your reference number as the transfer reference. Please contact us to confirm receipt of payment once the payment has been made.
   Blackacre
   HSBC Business Accounts
   Sort Code: 40-06-21
   Account number: 32695901

Delivery

1. We are proud of our personal and discreet service and therefore are able to offer a range of different delivery options.
2. We will deliver Products to the Delivery Location by the time or within the agreed period.
3. The time for delivery is product specific (see Section A 5.) as each product is made to order. We will endeavour to provide the most accurate estimate possible upon Order Confirmation and will keep you regularly updated throughout the creation process in case of any deviation
4. For items being sent to the Delivery Location we exclusively use recorded and insured deliveries such as Royal Mail Guaranteed next day delivery – this applies for both UK and overseas orders (other companies may be used).
5. We will provide you with a tracking number so that you are able to track your order with regards to any items sent out to you in the post.
6. For items delivered by collection in person we will provide written communication of the time and location of the delivery
7. Ownership of the Product(s) will pass to you on delivery.
8. Risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you.
9. You do not own the Products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Products still owned by you, in which case you must return them or allow us to collect them.

Order Cancellation and Returns

Due to the bespoke nature of all of our products we are unable to offer any returns or Order Cancellations. This is because all products are made to your specifications and are clearly personalised.

Damaged or Defective Product(s)

1. Except for any specific warranties we offer in relation to any particular Product(s) we do not offer any warranty or guarantee on our Product(s).
2. You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our team as soon as possible with your Order reference number to hand.
3. If the Product(s) are found to be damaged prior/upon their to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s) and all components are still intact. We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).
4. General wear and tear does not qualify as a faulty or damaged product and therefore will not be available for a refund.

Conformity and Guarantee

1. We have a legal duty to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
2. Upon delivery, the Goods will:
   1. Be of satisfactory quality;
   2. Be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
   3. Conform to their description
3. We will provide the following after sales service: For engagement ring purchases we will offer one free ring resizing provided that the new size is within two sizes of the original commissioned piece. Where a resizing of more than 2 sizes is required you will be required to pay for the creation of a new ring.

Circumstances beyond the control of either party

1. In the event of any failure by a party because of something that is beyond its reasonable control:
   1. The party will advise the other party as soon as reasonably practicable; and
   2. The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel

Excluding Liability

The Supplier does not exclude liability for: (i) fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Products wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland
3. We try to avoid any disputes due to our exceptionally high standards with regards to customer service so should you have any complaints please contact our team initially to see if we can find a solution.
4. As members of the NJA we are governed by the code of conduct, details of which can be found in the below link:

https://www.naj.co.uk/write/MediaUploads/Resources/NAJ_Code_of_conduct_2019_final.pdf

Attribution

These terms and conditions were created using a document from Rocket Lawyer.

Terms and Conditions updated 21st April 2020.