Information about us
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on Our Site (the “Services”) without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
We are the owner or the licensee of all intellectual property rights on Our Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on Our Site (“Content”), as well as the look and feel and the design of Our Site and the organisation of the Content on Our Site. Your use of Our Site does not grant you ownership of any Content on Our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Subject to these Terms and Conditions, you may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
You must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a licence to do so from Us or our Licensors.
If you print off, copy or download any part of Our Site in breach of these Terms and Conditions, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
Our Site changes regularly:
We aim to update Our Site regularly, and may change the Content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time and We are under no obligation to update such material.
The content displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, affiliates and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, ordinance, common law or the law of equity, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
Our Site, including, without limitation, all services, content, functions and materials, is provided “as is” and “as available”, without warranty of any kind, we do not warrant that our site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that our site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through our site shall create any warranty not expressly made herein. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on our site or your downloading of any content or other materials from our site. If you are dissatisfied with Our Site, your sole remedy is to discontinue using our site.
Without limitation of the above in this section, and except for any product warranty offered by us or as otherwise specifically set forth in a sale agreement separately entered into in writing between you and Us, We disclaim all express or implied warranties or representations regarding any products or services ordered or provided via our site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on our site or in correspondence with us or our agents. Any products and services ordered or provided via our site are provided “as is” except as expressly otherwise stated herein.
In no event shall the total aggregate liability of Us or our affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or your use of our site or any product ordered via our site exceed, in the aggregate, the amount, if any, paid by you to Us for your use of our site or purchase of products via Our Site.
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on Our Site or for any services or features offered on or through Our Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through Our Site or the Services offered on or through Our Site, including, without limitation, any information residing on any server or database connected to Our Site or any Services offered on or through Our Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through Our Site through any means; (iii) use Our Site or the Services made available on or through Our Site in any manner with the intent to interrupt, damage, disable, overburden, or impair Our Site or such Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use Our Site or Our Site’s Services or features in violation of Our or any third party’s intellectual property or other proprietary or legal rights; or (v) use Our Site or Our Site’s Services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with Our Site and/or the Content, or make unauthorised use thereof. You agree that you will not use Our Site in any manner that could damage, disable, overburden, or impair Our Site or interfere with any other party’s use and enjoyment of Our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through Our Site.
In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (please see Part II below).
If you wish to make any use of material on Our Site other than that set out above, please address your request to firstname.lastname@example.org.
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You agree to defend, indemnify and hold Us, our affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from (i) your use of Our Site or the Services, (ii) your placement or transmission of any Content or other materials through Our Site, or (iii) your breach or violation of the law or of these Terms and Conditions. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defence of such claim.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If required by law or by a court order, or otherwise under good faith advisement, We may disclose your information.
Many products displayed on Our Site are available in Our stores. In some cases products available on Our Site are not available in stores, or vice versa.
1. These terms
1.2. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.
1.3. You should print a copy of these Terms or save them to your computer for future reference.
1.4. We amend these Terms from time to time. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws or regulatory requirements. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
2. Information about us and how to contact us
2.1. We are David Morris International Limited a company registered in England and Wales. Our company registration number is 02630165 and our registered office is at 1180 New Bond Street, London, W1S 4RL. . Our VAT number is GB577306226. (“We” or “Us” or “Our”).
2.2. You can contact us by telephoning our customer service team at 020 8003 0614 or by writing to us at email@example.com .
2.3. If we have to contact you in writing we will do so by email at the email address you provided to us in your order.
2.4. You are the individual or individuals placing the order (“you”, your”). You must be 18 years or over to enter into a Contract with us and by placing an order with us, you confirm that you are 18 years or over. We only supply the Products for domestic and private use.
3. Our contract with you
3.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.
3.3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site or because we cannot verify delivery or payment information you have supplied, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.5. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3.6. We may restrict delivery to the address to which your credit or debit card is registered if we are unable to verify the delivery or payment information you have supplied.
4. Products may vary slightly from their pictures.
The images of the Products on our website are for illustrative purposes only. Some Products may be shown larger than actual size to show more accurately the details of the Product. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5. Our rights to make changes
We may make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.
6. Providing the Products
6.1. The costs of delivery will be as displayed to you on our website.
6.2. During the order process we will let you know when we will provide the Products to you.
6.3. Please note that deliveries are not made outside the United Kingdom or care of a hotel or to a PO Box address
6.4. We will not be responsible if our supply of the Products is prevented or delayed by an event outside our control, but we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will inform you of any such event within 7 days and will arrange a new delivery date with you once the relevant event is over.
6.5. We may, in our discretion, allow you to collect any Product you have ordered from one of our retail stores in the UK. If we allow collection, we will advise you when you place your order. If agreed, when you come to collect your Product, you will be required to bring to the retail store, original photographic proof of your identity such as a passport or identity card together with your payment card used to place the order. You will be able to collect your Product during the normal trading hours of the store concerned. Your Product will be held at the store for 7 days after we have notified you the Product is available for collection. If you do not collect the Product within the 7 day period, the Product will be returned to our storage facility and we will notify you how to arrange delivery to your address.
6.6. If no one is available at your address to take delivery, we will leave you a note informing you how to rearrange delivery.
6.7. If you do not collect the Product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions. If we are unable to contact you or re- arrange delivery or collection within 30 days of the original delivery or collection date we may end the contract and clause 8 will apply.
6.8. The Product will be your responsibility from the time we deliver the Product to the delivery address you gave us or from the time you collect it from us.
6.9. You own the goods once we deliver the Product to the delivery address you gave us or from the time you collect it from us.
6.10. We will repair or replace, free of charge (including costs of re-delivery) any Products which are damaged or lost in transit where delivery is made by our carrier, but only if:
6.10.1. you tell us about the damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the delivery date we gave you when you placed your order in the case of loss;
6.10.2. you produce to us all documents relating to the lost or damaged Products and the original packaging for damaged Products.
7. Your rights to end the contract
7.1. You may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back) if:-
7.1.1. The product you have bought is faulty or misdescribed;
7.1.2. We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed, see clause 10;
7.1.3. Supply of the Products is significantly delayed because of events outside our control
7.2. For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. However, there is no legal right to change your mind in respect of Products which are made to your specifications or are clearly personalised.
7.3. The 14 day period starts the day after the day you, or someone you nominate, receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you, or someone you nominate, receives the last delivery to change your mind about the goods.
8. Ending the contract (including if you have changed your mind)
8.1. To end the contract with us, please email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number.
8.2. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must allow us to collect them from you. Please email us at email@example.com to arrange collection. If you are exercising your right to change your mind you must email us to arrange collection within 14 days of telling us you wish to end the contract.
8.3. We may end the contract for a Product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
8.4. Information about how to return items and how items must be packed for return is included in the original package delivered to you (“Shipping and Returns Policy ”).
8.5. We inspect all returned items to check whether they are in the same condition as they were in when they were supplied.
8.6. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price as follows:-
8.6.1. to reflect any reduction in the value of the goods if they are not in the same condition as they were in when they were supplied; or
8.6.2. to reflect any loss or damage caused as a result of your failure to follow our Returns Guidelines.
8.7. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we collect the goods.
9. If there is a problem with the Product
9.1. If you have any questions or complaints about the Product, please email us at firstname.lastname@example.org
9.2. Nothing in these terms will affect your legal rights.
10. Price and payment
10.1. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. Please see clause 10.2 for what happens if we discover an error in the price of any Product you ordered.
10.2. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
10.3. We accept payment with the debit and credit cards detailed on our website. You must pay for the Products before we dispatch them. We will not charge your credit, debit or charge card until we dispatch the Products to you.
10.4. In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment or refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified in writing.
11. Our responsibility for loss or damage suffered by you
11.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2. We are not responsible for business losses as we only supply the products for domestic and private use.
12. How we may use your personal information
12.1. We will use the personal information you provide to us:
12.1.1. to supply the products to you;
12.1.2. to verify your name and address;
12.1.3. to process your payment for the products; and
12.1.4. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
12.2. In order to counter Internet fraud, we use Cybersource Corporation, a third party based in the USA to manage online payments. As a result, your personal data (including your name, email address, delivery details, telephone number, order details and credit, debit or charge card details) will be disclosed and used by Cybersource Corporation exclusively for the purposes of providing fraud screening services to us and to Cybersource Corporation’s own customers.
12.3. We reserve the right to put in place additional/other payment security system(s) from time to time.
12.4. To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please note that this is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
12.5. Except as mentioned in clauses 12.2, 12.3 and 12.4 we will only give your personal information to other third parties where the law either requires or allows us to do so.
13. Other important terms
13.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
13.2. If you wish to transfer your rights or your obligations under these terms to another person you may only do so if you transfer the Product to that person. We may require the person to whom the Product is transferred to provide reasonable evidence that they are now the owner of the relevant item. If you transfer your rights and obligations in this way, you will no longer have any rights under the contract.
13.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.1. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
13.5. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk. The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
We hope you are delighted with your David Morris jewellery. If for any reason you decide not to keep your online purchase, We will accept products in its original condition for a full refund when accompanied by the original sales invoice. Refunds may only be issued in the same form as was utilised for payment. However, We will not be liable for any fee charged by your bank or financial institution on this refund. Items must be returned within 14 days from date of delivery.
Returns should be made with all original packaging and enclosures. Take care to return any certificates that accompanied the item.
Please note that a different return policy may be applicable for in-store purchases.
Before returning the item(s), you will need to contact our customer service team on email@example.com, quoting your original order number. For your confirmed shipment, David Morris will send you details of when to expect delivery, the name the courier company, and tracking number for the package.
To ensure a safe and secure return of item, David Morris we will arrange a secure courier collection of the item which will be fully insured, if the returned items are packaged and prepared in the following way;
• Replace your jewellery items back within the David Morris presentation box
• Then place the presentation box and jewellery back within the original shipping box.
• Complete the Return Card provided with your ‘reason for return’ and ‘ Returns reference’ provided to you the customer service team.
• Place items material provided with the original order, including certificate of authenticity , but excluding the invoice.
• Shipping box should then be sealed
• Place the shipping box in the white shipping pouch provided in the ‘Return Pack’.
• Attach a copy of the courier airway bill onto the front of the white shipping pouch. Keep the other copy of the airway bill.
• Seal the white shipping pouch by peeling off the seal number. Keep the seal number as a reference.
• David Morris customer service team will confirm with you collection date, time and courier details.
• Prior to courier arriving, ensure package is sealed securely.
In the event that the above return guidelines are not properly followed, David Morris International Ltd will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.
We cannot accept returns that have been worn, used, altered or damaged. We reserve the right to refuse return of any merchandise that does not meet the above return requirements according to Our sole discretion.
All rights not expressly granted herein are reserved. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
If you have any concerns about material which appears on Our Site, please contact firstname.lastname@example.org.
Acceptable Use Policy
This acceptable use policy sets out the terms between you and Us under which you may access Our website www.davidmorris.com (“Our Site”). This acceptable use policy applies to all users of, and visitors to, Our Site. Your use of Our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement Our Terms and Conditions for Our Site.
You may use Our Site only for lawful purposes. You may not use Our Site:
You also agree:
We will determine, in Our discretion, whether there has been a breach of this acceptable use policy through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms and Conditions (please see above) upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
We may revise this acceptable use policy at any time by amending this page and shall be effective upon posting on Our Site. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Our Site.