Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

We particularly draw your attention to SECTIONS 4 (PRICING), 9 (PRODUCT AVAILABILITY), 11 (CANCELLATION) and 12 (RETURNS AND REFUNDS).

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your items, in most cases, you can change your mind and get a full refund. We allow you up to 28 days to refund or exchange the items. For further information, please see Sections 11 and 12.

The Consumer Rights Act 2015 says items must be as described, fit for purpose and of satisfactory quality.

This is a summary of some of your key rights. For more detailed information please seek legal advice.

1. Introduction

2. Changes to Terms and Conditions

3. Website Usage

4. Pricing

5. Friends and Family Online

6. Discount Codes

7.a. Payment

7.b. Payment Using PayPal

7.c. Payment Using Credit or Debit Card

7.d. Payment outside the UK and Republic of Ireland

8.a. Placing Order

8.b. Unacceptance of your Order

9. Stock Availability

10.a. Delivery to the UK

10.b. Delivery to the Republic of Ireland

10.c. Delivery to Europe

10.d. Delivery to Rest of the World

10.e Other Methods of Delivery

10.f. Delays outside of our Control

11.a. Cancellation

11.b. Effect of Cancellation

12. Returns and Refunds

12.a. United Kingdom Returns

12.b. Republic of Ireland and International Customers Returns

13. Faulty Items

14. Copyright and Intellectual Property

15. Content and Links relating to other websites

16. Limitation on our Liability

17. Third Party Rights

18.a. Privacy Policy

18.b. Disclosing personal information

18.c. Your rights

18.d. Keeping your data secure

18.e. Cookies

18.f . Subscribing to our Charles Fish Family and Friends mailing List

18.g. Changes to our policy

18.h. Your consent

20. Contacting Us

1.INTRODUCTION/b>

Welcome to the Charles Fish website.

By continuing to browse and use our website, you agree to comply with and be bound by the following Terms and Conditions of use which together with our Privacy Policy govern Charles Fish’s relationship with you in relation to this website. If you disagree with any part of these Terms and Conditions, please do not use our website.

Charles Fish Limited is registered in England and Wales with company registration number 686525 and our registered office address 114 High Street, Walthamstow, London, E17 7JY. Our VAT registration is GB 248 1064 71. We are a wholly owned subsidiary of Fish Brothers Group Ltd which is registered in England and Wales with company registration number is 81027 and registered office 114 High Street, Walthamstow, London, E17 7JY.

If you have any queries regarding these Terms and Conditions you can contact us by email info@charlesfish.co.uk or by phone on 0844 847 6771

The term Charles Fish, or “we”; or “us”; refers to the owners of this website. The term “you”; refers to the user, or viewer, of our website.

This contract is only available in English. No other languages will apply to this contract.

2. CHANGES TO THE TERMS AND CONDITIONS

We reserve the right to make changes to these Terms and Conditions at any time. Changes will take effect once they go live on the website, and will supersede this version of the Terms and Conditions. It is your responsibility to check for changes each time you revisit the website. By continuing to use and access the website following such changes you agree to be bound by our latest Terms and Conditions.

3. WEBSITE USAGE

This website is available free of charge. We do not guarantee that the website or its content will always be available or uninterrupted and we are not liable to you if the website and/or its content is unavailable at any time or for any period.

We may update the website from time to time, and change any or all parts of the content at any time. We may withdraw, suspend, change or discontinue any part, or the entire website without notice. Whilst we endeavour to ensure all content and information is correct, we do not guarantee that the website and its content will be free from error.

You may not use the website in such a way that breaches any applicable local, national or international laws and regulations. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

4. PRICING

All prices on our website are in pounds sterling (GBP) and are inclusive of VAT (with the exception of pre-owned watches). The prices displayed do not include the cost of delivery.

Delivery costs can be found in Section 10 of these Terms and Conditions. Delivery costs will be displayed clearly on checkout pages. Additional charges for repairs, engraving and other services will be charged separately and prices will be provided on application.

We seek to ensure that all prices advertised are correct. However, where an error occurs or an advertised price is incorrect, we reserve the right to reject or cancel the order. You will be notified of this cancellation/rejection should this occur.

5.CHARLES FISH FRIENDS AND FAMILY LOYALTY CLUB

We invite our customers to subscribe to our Charles Fish Friends and Family Online database in order to receive discounts and notifications of offers and promotions. Customers may sign up online by providing us with their email address. Customers can also sign up for Friends and Family in either of our stores. However, our instore and online database are treated independently and offers and discounts may occasionally vary.

You may choose to be part of one or both of our Charles Fish Friends and Family databases. Please see our Privacy Policy Section 17 for more details on how we collect and use your personal data.

By signing up to our Charles Fish Friends and Family customers can expect to receive some or all of the following benefits:

  • a 10% discount off their first order (excluding pre-owned watches, pre-owned jewellery, diamond pieces and MK Access watches)
  • an ongoing 10% discount off watch purchases (except on pre-owned watches, MK Access watches and where watches are already discounted or displaying an online price)
  • seasonal and special discounts
  • exclusive offers
  • first looks at new products and sale items
  • VIP invites

 

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6.DISCOUNT CODES

’Discount codes’ such as seasonal sales, promotional offers and Charles Fish Friends and Family Online subscription codes may be used on full priced items only.

Discount and subscription codes cannot be used on: Pre-Owned watches or Pre-Owned Jewellery or MK Access watches, unless specifically stated otherwise. Discount and subscription codes cannot be used on already discounted items or items showing an “online price”.

Discount and subscription codes may be used online only at www.charlesfish.co.uk and cannot be applied instore, unless specifically stated otherwise.

7 (a) PAYMENT

This website uses Shopify Payments or PayPal to take credit and debit card payments for your order. Payment is taken from your credit or debit card (via Shopify Payment and PayPal’s platforms) at the time we receive your order. Once we have checked stock availability and performed all security and accuracy checks, we can officially accept your order.

7 (b) PAYMENT VIA PAYPAL

All transactions made using PayPal are authorised by you via PayPal’s third party platform. PayPal is an independent company and all communication received from PayPal directly are to be treated as independent to your relationship with Charles Fish.

Order funds are normally reserved from your account by PayPal once the order is completed by you. These funds will remain reserved until they are “captured” by Charles Fish on acknowledgement of your order.

We will inform you as soon as possible if there are any issues with your payment, stock availability or other inaccuracy with your order. Please refer to Section 9 below for notes on stock availability.

If there is an issue with your order, we may choose to void the funds (which are then released back into your account by PayPal) or refund you if the funds have already been captured (which can take up to 5 working days to receive back into your account); the action taken by us will be dependent on the status of the order processing.

7 (c) PAYMENT USING CREDIT OR DEBIT CARD

For orders placed using credit or debit cards, funds are normally debited instantly from your account once the order is completed by you. However, the time in which funds debit from your account is dictated by your bank. Charles Fish has no control over the time and date which funds leave your bank account.

We will inform you as soon as possible if there are any issues with your payment, stock availability or other inaccuracy with your order. Please refer to Section 9 below for notes on stock availability.

We may request additional identification to verify your order. This can include passport or drivers license, proof of address and a photo of the card used for the transaction (covering all but the last 4 digits of the card number). If we request this information, we will not process your order until all documentation has been produced and verified. 

If there is an issue with your order, we may choose to void the funds or refund you if the funds have already been debited by your bank; the action taken will be dependent on the status of the order processing.

Please note: Charles Fish has no control over refund timescales once it has been authorised by us.

7 (d) PAYMENTS MADE FROM OUTSIDE THE UNITED KINGDOM

If you are placing an order from outside the United Kingdom (or Republic of Ireland), it may take longer to process your order due to increased fraud risks. Please allow up to 10 working days before we confirm your order and process the dispatch.

8 (a) PLACING AN ORDER

Once you have created your order, the website will give you an opportunity to review the order before submitting it. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.

Once you submit an order and make a payment for your transaction, you will receive an email acknowledgement. This acknowledgement does not mean that your order has been accepted. Once the stock availability is checked and that there are no inaccuracies with your order, and we are satisfied that the transaction has passed fraud screening, we will accept the order.

8 (b) UNACCEPTANCE OF AN ORDER

We may contact you to say that we do not accept your order. This is typically for the following reasons:

  • - the items are unavailable;
  • Please refer to Section 9 for notes on stock availability.
  • - we cannot authorise your payment;
  • - you are not allowed to buy the items from us;
  • - we are not allowed to sell the items to you;
  • - you have ordered too many items;
  • and
  • - there has been a mistake on the pricing or description of the items.
  •  

      We will only accept your order when we email you to confirm this. At this point: a legally binding contract will be in place between you and us; and we will dispatch the items to you.

     

    9 STOCK AVAILABILITY

    We seek to ensure that stock advertised on the website are in-stock and available. However, if for any reason the stock that you have ordered is not available, we will contact you via the email address on your order or via telephone (if provided).

    In such instance, we may offer you an alternative item if we feel it is suitable. If we are unable to offer you an alternative item, we will issue you a full refund of any costs paid in respect to your order.

        Whilst we try to make sure that all weights, sizes and measurements set out on our website are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements. Furthermore, whilst we try to make sure that the colours of our items are displayed accurately on the site, the actual colours that you see on your screen may vary.

    10 DELIVERY

    We use Royal Mail to deliver all our orders, except for high value items such as pre-owned watches and diamonds where an alternative delivery method will be provided.

    Where delays or delivery failure occur at the fault of Royal Mail, we will do our best to resolve the situation but reserve the right not to refund until a Royal Mail investigation conclusion is reached.

    10 (b) DELIVERY TO THE UNITED KINGDOM (UK)

    STANDARD UNITED KINGDOM

    We offer free of charge standard United Kingdom delivery. Standard delivery can take up to 5 working days to arrive (from date of dispatch), however we are bound by the terms and conditions set out by Royal Mail and do not accept liability for delays to deliveries outside of our control.

    All deliveries require a signature on arrival so please consider this when specifying a delivery address.

    This service may be referred to as “Royal Mail 1st Class Signed For”.

    NEXT DAY UK DELIVERY

    There will be a charge of £7 for Next Day delivery within the United Kingdom. Orders must be placed by 3pm to guarantee next working day delivery. This is subject to all necessary checks being carried out.

    All orders dispatched for Next Day Delivery are expected to arrive the following working day, excluding Bank Holidays and weekends.

    Orders received after 3pm on a Friday, will not be processed until 9am Monday (excluding bank holidays). Orders received after 3pm on Friday and over a bank holiday weekend, will not be processed until Tuesday.

    This service may also be referred to as “Royal Mail Special Delivery”.

    BFPO are classed as “UK delivery”.

    10 (c)

    We offer free of charge standard Republic of Ireland delivery. Standard delivery can take up to 5 working days to arrive from date of dispatch and is subject to your local postal service. Some deliveries may require a signature on arrival so please consider this when specifying a delivery address.

    We cannot refund any delivery charges unless the item is faulty.

    We are bound by the terms and conditions set out by Royal Mail and do not accept liability for delays to deliveries outside of our control. Where delays or delivery failure occur at the fault of Royal Mail or your local postal service, we will do our best to resolve the situation but reserve the right not to refund until a Royal Mail investigation conclusion is reached.

    10 (d) DELIVERY TO EUROPE (excluding UK, ROI and Rest of the World)

    There will be a charge of £13 for delivery within Europe. Please see Section 10.1 for Republic of Ireland delivery and Section 10.3 for Rest of the World delivery.

    Dispatching of International Orders can take up to 10 working days as we must wait for funds to clear. Whilst most international deliveries arrive within 14 working days, we cannot offer any guarantee due to variations in local mail providers.

    International orders will be sent via “Royal Mail International” shipping. This method may also be referred to as “International Delivery” but excludes delivery to Republic of Ireland and countries outside Europe.

    We are bound by the terms and conditions set out by Royal Mail and do not accept liability for delays to deliveries outside of our control. Where delays or delivery failure occur at the fault of Royal Mail or your local postal service, we will do our best to resolve the situation but reserve the right not to refund until a Royal Mail investigation conclusion is reached.

    10 (e)

    DELIVERY TO THE REST OF THE WORLD (excluding UK, ROI and Europe)

    There will be a charge of £18 for delivery outside of Europe and Republic of Ireland .This method may also be referred to as “International Delivery” but excludes Republic of Ireland and countries within Europe.

    Dispatching of International Orders can take up to 10 working days as we must wait for funds to clear. Whilst most international deliveries arrive within 14 working days, we cannot offer any guarantee due to variations in local mail providers.

    We are bound by the terms and conditions set out by Royal Mail and do not accept liability for delays to deliveries outside of our control. Where delays or delivery failure occur at the fault of Royal Mail or your local postal service, we will do our best to resolve the situation but reserve the right not to refund until a Royal Mail investigation conclusion is reached. Any duties or taxes incurred in the country of delivery must be paid by you and Charles Fish accept no responsibility for these charges.

    10 (f)

    OTHER METHODS OF DELIVERY

    Orders of a high value, such as pre-owned watches or diamond products, may be sent via an alternative courier service. You will be notified of this before dispatch and we will await your acceptance before sending.

    For larger and bulkier orders and orders with multiple items, there may be additional costs and fees. You will be notified of this before dispatch and we will await your acceptance before sending.

    10 (g)

    DELAYS TO DELIVERY

    If our supply of items is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay, where possible. Provided we do this, we will not be liable for any delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any items you have paid for but not received. Please be aware that delays to deliver due to local postal services, customs, lack of address details etc. are outside our control and you will be unable to receive a refund for this until we receive the items back.

    In some rare instances, we may take up to 5 working days to process and dispatch an order. This extended dispatch time is likely to occur around Bank Holidays and around peak seasons such as Christmas and Valentine’s. If you are in need of your item urgently, please select the Next Day Delivery option at checkout to ensure the item arrives in time.

    We cannot refund any delivery charges unless the item is faulty.

    11 (a) CANCELLATION

    You have the right to cancel this contract within 28 days without giving any reason, subject to the following:

     

  • for hygiene reasons we cannot refund or exchange pierced earrings that have been worn or where the packaging that they have been delivered in has been unsealed, in such circumstances you will not be entitled to cancel the contract or to a refund or exchange;
  •  

     

  • we cannot refund or exchange items that have been made to your specification or which are clearly personalised and you cannot cancel such orders for such items once we have started to make them.
  •  

    The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the last items delivered in your order.

    To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to our registered office address or by email to info@charlesfish.co.uk).

    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

    As a consumer, you have certain rights given by legislation that relate to faulty or misdescribed items. Nothing in these Terms and Conditions will reduce these rights.

    11 (b) EFFECT OF CANCELLATION

    If you cancel this contract, we will reimburse to you all payments received from you, except for postage costs which have already been applied.

    We may make a deduction from the reimbursement for loss in value of any items supplied, if the loss is the result of unnecessary handling by you.

    As the packaging represents a significant part of an item’s value, an item will not be considered returned in the same condition if the packaging is not included or is damaged. You are responsible for ensuring that the returned items are provided in their original packaging.

    12 RETURNS AND REFUNDS

     

    12 (a) UNITED KINGDOM RETURNS

     

    We are happy to offer FREE returns to our UK customers. The item must be unworn, undamaged and returned to us within 28 days of your original transaction in its original packaging. For hygiene reasons we cannot exchange pierced earrings that have been worn.

    We offer the following two options for returning an item to Charles Fish: • Refunds can be processed online only • Exchanges can be processed in store only

    Please note: We only process refunds via our online returns policy and WE DO NOT OFFER EXCHANGES ONLINE. To exchange an item, please visit us in store. If you are unable to visit us in store, you will need to place another order and return the unsuitable item for a refund.

    Refunds: Online Returns Process (UK Customers only)

    1. Securely package up your returns with the original packaging. Be sure to include your returns note with your order reference.

    2. Use the pre-paid free returns postage sticker provided on your original order invoice to stick on the front of your parcel .If you do not have this, please email info@charlesfish.co.uk.

    3. Take your parcel to a local Post Office. You must take obtain a tracking number and proof of postage for your return parcel. Without this, we cannot investigate any claims of loss or damage should the parcel not be returned to us successfully.

    4. In most cases, refunds will be issued within 2 working days of return. Once your return has been received and reviewed, we will process your refund. You will be notified via email once your refund has been actioned. Refunds will be issued to the same method of payment as the original transaction minus any delivery costs.

    Exchange: Instore Returns Policy (UK Customers only)

    Refunds cannot be issued instore for items purchased online at charlesfish.co.uk However, you may exchange your items at one of our stores with your original order invoice. The item must be in its original packaging and in a resalable condition.

    12 (b) INTERNATIONAL RETURNS

     

    We do not offer free returns for customers outside of the UK. All postage costs associated with returning an item must be covered by you. We recommend you use an insured, tracked and reliable shipping company as you remain responsible for the item until it reaches us.

    . In most cases, refunds will be issued within 2 working days of receiving the goods back. Once your return has been received and reviewed, we will process your refund. You will be notified via email once your refund has been actioned. Refunds will be issued to the same method of payment as the original transaction minus any delivery costs.

    13 FAULTY ITEMS

    Each order is carefully checked by our team before dispatch. However, if a faulty item does arrive, please notify us straight away by emailing info@charlesfish.co.uk or calling 0844 847 6771.

    We will arrange for a replacement to be sent - or a refund to be processed - as soon as we receive the return of the faulty piece.

    All items returned as faulty will be carefully inspected, and any damage we believe is the result of fair wear and tear will not be accepted as faulty.

    14 COPYRIGHT AND INTELLECTUAL PROPERTY

    The website and all content on it, including but not limited to the Charles Fish name, logos, brand logos, images, text, graphics, photographs and icons, is either owned by or licensed to us and is protected by applicable copyright laws. All other intellectual property connected to the website or our products, packaging, marketing material etc. is ours or has been licensed to us and are protected by applicable intellectual property laws.

    Nothing in these Terms and Conditions grants you any legal rights in the website other than as necessary to enable you to access the website, and you agree to not use the website or its content for any other purpose.

    Your use of this website and its content grants no rights to you in terms of any copyright, design and other intellectual property and material rights relating to its content including software, HTML or other code contained in our website. Unauthorised use of these materials is prohibited.

    15 CONTENT AND LINKS RELATING TO OTHER WEBSITES

    We may occasionally include links to third party websites within the pages of this website, that deem to relate to our content, products of services. We have little or no control over such third party material and websites, and are not responsible for examining or evaluating the content or accuracy of such content. Therefore we do not accept any liability or responsibility for any third party material, websites or links. These links are provided solely as a convenience to you and you access such third party websites at your own risk.

    16 LIMITATION ON OUR LIABILITY

    We must provide you with items that comply with your legal rights.

    Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

    The website is for your personal non-commercial use only and we are not legally responsible for any: p>

      Losses that:
    • were not foreseeable to you and us when we emailed you to accept your order;
    • that were not caused by any breach on our part;
    • business losses;
    • losses to non-consumers.

    You use the service and the information and material on the website at your own risk. We are not liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the website or content or from any action taken, or omitted to be taken, as a result of using the website or its content.

    17 THIRD PARTY RIGHTS

    No one other than a party to this contract has any right to enforce any term of this contract.

     

    18 CONTACTING US

    If you have any questions about this policy, or if you would like to know what information we have collected about you, please email us at info@charlesfish.co.uk or call us on 0844 847 6771

    The website www.charlesfish.co.uk is operated by Fish Brothers Group Ltd, registered in the United Kingdom. Registered office is at 114 High Street, Walthamstow, E17 7JY

    • Fish Brothers Group Ltd
    • 114 High Street, Walthamstow, E17 7JY (Address and place of registration)
    • Company Registration Number: 81027
    • VAT number: 248106471