TERMS & CONDITIONS

Affinity Beads Limited (ABL), a company registered in the UK and situated at 3, Richmond Road, Seaford, BN25 1DB.

1.0 Terms and conditions apply from the point of placing an order and shall continue unless or until terminated at any time by either party giving to the other not less than 30 days’ prior notice in writing. (The Customer) is deemed to accept these Terms & Conditions if they accept delivery of any goods from us directly, via the post office or other courier.

2.0 BILLS AND EXPENSES

2.1 Special orders: In consideration of the Services to be rendered by ABL under this Agreement (The Customer) shall pay ABL a deposit of 50%, plus V.A.T., to secure any order.

2.2 Invoices shall be rendered by ABL and are payable on receipt. (The Customer) shall settle ABL invoices (as per the terms and instructions on the invoice).

2.3 We reserve the right to impose a surcharge of 2% per month on all overdue invoices.

2.4 Bead orders shall be payable at the time of ordering. On bulk orders and / or special orders, items will be dispatched on receipt of monies, according to invoices.

2.6 In the event that ABL is unable to deliver the order, or part of the order, ABL shall notify (The Customer) as soon as reasonably practicable of that fact and repay all monies already paid. ABL acknowledges that in such circumstances, (The Customer) shall only be responsible for paying ABL for fees due in respect of items and/or services received.

2.7 Goods are delivered on the condition that they remain the property of Affinity Gems Ltd. until invoiced and paid for in full.

2.8 Goods, for which no payment has been made, must be returned immediately upon demand in the condition in which they were received by (The Customer).

2.9 Directors of Limited Liability Companies will be personally responsible for goods invoices to their companies.

3.0 CANCELLATION, RETURNS OR FAULTY GOODS

3.1 Special Orders: ABL acknowledges that (The Customer) may cancel or postpone the Order at any time or terminate the Contract in accordance with its terms. In the event of cancellation of the Contract by (The Customer), (The Customer) acknowledges that ABL will be entitled to payments of fees as follows: -

3.1.1 If notice of cancellation is given to ABL, in writing, more than 42 days in advance of the due delivery date, no cancellation fee will be payable.

3.1.2 If notice of cancellation is given to ABL, in writing, more than 28 days, and up to 42 days in advance of the due delivery date, a cancellation fee will be payable to ABL as follows:-

3.1.3 If notice is given, in writing, between 0 and 28 days before the due delivery date, 100% of the deposit described in sub clauses 2.0 will be retained.

3.1.4 If the goods are faulty (as a direct result of manufacture), the items will be returned to the factory and goods re-ordered. In this event, and if the goods are found to be faulty at manufacture (The Customer) will have the option to cancel the order and all monies received will be returned to (The Customer).

3.2 Bead Strands: ABL will accept returns within seven days of posting, provided the bead strands remain fully intact and as they left its premises. In this case, a credit note will be raised against accepted returns. AGL has the right to refuse any refund against items that have been tampered with and any returns received outside of the seven days. In the case where it is proven that the items were faulty when they left its premises, ABL will issue a credit note or refund.

3.3 All goods must be examined upon receipt and, if found damaged, notification must be made to us in writing immediately.

3.4 (The Customer) must fully insure any goods sent to or from us. We will charge post and packing at cost.

4.0 WAIVER

No failure or delay on the part of any party to exercise any right or remedy under this Agreement will operate as a waiver thereof and no waiver by any party in respect of any breach shall operate as a waiver in respect of any subsequent breach.

5.0 NOTICES

5.1 Any notice or communication to be given under this Agreement shall be in writing and shall be delivered personally or sent by registered or recorded delivery post or by facsimile transmission to (in the case of ABL) its registered office or to such other addresses as may have been notified for such purpose from time to time.

5.2 The notice shall be deemed to be given if delivered personally at the time of delivery or if sent by post 10 working days before the notice shall have been posted or if sent by email or facsimile at the time of completion of transmission by the sender provided that a hard copy is received by ABL via courier post within 48 hours.

5.3 In providing service it shall be sufficient to prove that personal delivery was made or that the envelope containing the notice was properly addressed and delivered into the custody of the courier company/postal authorities as a registered or recorded delivery letter or that the email/facsimile was despatched and a confirmatory transmission report received.

6.0 GOVERNING LAW

6.1 This Agreement shall be governed by and construed in accordance with the Laws of The United Kingdom and the parties agree to submit to the exclusive jurisdiction of the British Court. Outside of the UK, this Agreement shall be governed by and construed in accordance with local Law.

7.0 ENTIRE AGREEMENT

It is acknowledged and agreed that this Agreement (including the documents and instruments referred to herein) shall supersede all prior representations arrangements understandings and agreements between the parties relating to the subject matter hereof and shall constitute the entire complete and exclusive agreement and understanding between the parties hereto.

8.0 SEVERABILITY

Each of the obligations contained in the clauses and sub-clauses of this Agreement shall be construed as separate and severable obligations but if at any time any one or more of the obligations is or becomes invalid illegal or unenforceable in any respect under law but would be valid if some part thereof were deleted or the period or area of application reduced such obligation shall apply with such modification as may be necessary to make it valid and effective and in any event the validity legality and enforceability of the remaining clauses and sub-clauses hereof shall not in any way be affected or impaired thereby.

9.0 VARIATION

No variation to this Agreement shall be affective until reduced to writing and signed by or on behalf of the parties.

10.0 COSTS

Each party shall pay its own costs and expenses incurred by it in the negotiation and preparation of this Agreement.