Terms and Conditions

1. The Contract Between Us and You

These Conditions shall apply to all contracts for the purchase of Goods by You from Us to the exclusion of all other terms and conditions including any terms or conditions which We may purport to apply under any sales offer or similar document or in correspondence. These Conditions constitute the entire understanding between You and Us with respect to the subject matter covered by the contract of purchase and supersede all previous agreements and understandings between the parties.

2. Price and Payment for the Goods, VAT and Delivery Charges

2.1 The prices payable for the Goods that You order are as set out in Our website and brochure. For the avoidance of doubt please note that the prices payable for Goods as particularly set out in Our website and brochure are expressed in "Points" and each Point has a monetary value of 10p (ten pence).

2.2 If You are ordering from Our brochure the price of the Goods shall be the price stipulated in the most current version of Our brochure (please be aware that Our brochure is updated every six months which means that all Goods and prices are subject to change and review, accordingly, please be certain that You are ordering from the most current version of Our brochure

2.3 The price You pay for Goods (unless otherwise specified) is exclusive of any Value Added Tax (VAT), for which You shall be additionally liable to pay at the applicable rate which is from time to time in force.

2.4 When You place an order for Goods which are at a price in excess of the value of any points and/or vouchers available to You or You purchase from Us on an independent basis Goods without utilising any prepaid points or vouchers ("Excess Cost") then in that event You consent to the payment of the Excess Cost being charged to You by credit card, cheque or other acceptable form of payment at the time You place Your order for Goods with Us.

3. Description

3.1 The Goods shall be supplied in accordance with the description contained in Our website or if You are ordering from Our brochure the most current version of Our brochure.

3.2 We may from time to time make changes to or in the specification of the Goods which are to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

3.3 Any contractual description of the Goods by Us relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient of their identity.

3.4 You shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that:

3.4.1 such discrepancy in quantity shall not exceed 5%; and

3.4.2 the Price shall be adjusted pro rata to the discrepancy.

4. Right For You to Cancel Your Contract

4.1 Except as referred to in paragraph 4.2 below, You may cancel your contract with Us for the Goods You order at any time up to the end of the seventh working day from the date You receive the ordered Goods unless We particularly state in Our brochure or Website that the Goods are non-returnable, by way of example only, please note that for hygienic reasons earrings suitable for pierced ears are non-returnable

4.2. You do not need to give Us any reason for cancelling your contract nor will You have to pay any penalty.

4.3 You cannot cancel your contract if the Goods You have ordered are made to your particular required specification or the Goods are clearly personalised in accordance with your particular instructions, requirements or specification (for example engraving) or any audio or video recording or computer software if such items have been removed out of the sealed package in which it or they was or were delivered to You.

4.4 To cancel Your contract You must notify Us in writing.

4.5 If You have received the Goods before You cancel Your contract then (unless, under clause 4.3, You do not have a right to cancel) You must send the Goods back to Our contact address at Your own cost and risk. If You cancel Your contract but We have already processed the Goods for delivery You must not unpack the Goods when they are received by You and You must send the Goods back to Us at Our contact address at Your own cost and risk in accordance with the timescale referred to in clause

4.6 above as soon as possible.

4.7 Once You have notified Us that You are cancelling Your contract, any sum debited to Us from Your account or credit card will be re-credited to Your account as soon as possible and in any event within 30 days of Your order PROVIDED THAT the Goods in question are returned by You and received by Us in the Condition they were in when delivered to You.

If You do not return the Goods delivered to You or do not pay the costs of delivery, We shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to You.

5. Cancellation By Us

5.1 We reserve the right to cancel the contract between Us if:
5.1.1 We have insufficient stock to deliver the Goods You have ordered or We are unable to deliver the precise Goods You have ordered;

5.1.2 We are unable to deliver to Your required area; or

5.1.3 one or more of the Goods You ordered was listed at an incorrect price on Our website or in the most recent version of Our brochure due to a typographical error or an error in the pricing information received by Us from Our suppliers.

5.2 If We do cancel Your contract We will notify You and will re-credit to Your account or credit card with any sum deducted by Us from Your credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.

6. Delivery of Goods to You

6.1 You must provide a full address including a postcode and the named recipient of the Goods. In addition an operative telephone number is also required.

6.1.2 Subject to the provisions of clause 6.9 of these Conditions We will deliver the Goods ordered by You to the address You give Us for delivery at the time You place Your order. You must ensure that You, or somebody on Your behalf, is available to accept delivery. Likewise You must ensure that You have the appropriate means for Us to access the address given for delivery.

6.2 Subject to the provisions of clause 6.9 of these Conditions We will deliver the Goods ordered by You to the address You give Us for delivery at the time You place Your order. You must ensure that You, or somebody on Your behalf, is available to accept delivery. Likewise You must ensure that You have the appropriate means for Us to access the address given for delivery.

6.3 Subject to the provisions of clause 6.9 of these Conditions delivery will be made as soon as possible after Your order is accepted We do not accept liability for failure to supply or to deliver within any period quoted.
6.4 We shall be entitled to make partial deliveries or deliveries by instalments and these Conditions shall apply to each such delivery.

6.5 Subject to the provisions of clause 11 of these terms You will become the owner of the Goods You have ordered when they have been delivered to You. Once Goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.

6.6 Whilst every endeavour will be made by Us to deliver Your entire order in a single consignment there may be circumstances beyond Our control that prevents Us from doing this and in those circumstances We reserve the right to deliver the Goods by separate instalments.

6.7 Any failure or refusal by You to take delivery for any one or more of the said instalments of the Goods on the due dates shall entitle Us at Our sole option to:
6.7.1 without notice to suspend further deliveries of the Goods pending payment by the You; and/or

6.7.2 to treat this contract as repudiated by You.

6.8 We shall not be liable for any loss or damage whatever due to failure by Us to deliver the Goods (or any of them) promptly or at all.

6.9 Notwithstanding that We may have delayed or failed to deliver the Goods (or any of them) promptly You shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the Delivery Date.

6.10 You hereby agree that We will not be required to deliver the Goods or any part thereof unless and until We have received payment in full in cleared funds in respect of Your points entitlement and/or voucher or Excess Cost as more particularly referred to in Condition 2.4.

7. Cottrills Exchange/Returns policy

Cottrills Aspirations operates a 28 day exchange period where the recipient can return an item that is in stock condition in exchange for an alternative choice.

Exchanges: In the event that You wish to exchange Your product (as outlined above) it will be at Your expense to return the item(s) to Cottrills Aspirations Customer Services. The new order will need to be placed within the timeline (as outlined above) and the cost of re-delivery/exchange will also be at Your expense. For UK only the re-delivery/exchange fee will be £10.00, for Europe the re-delivery/exchange fee will be £25.00. There is no set fee for Worldwide (if applicable) as this does vary and will need to be agreed with Cottrills Aspirations Customer Services beforehand.

Condition of Items for Return / Exchange: You must return the item(s) in stock condition, unused and with their original packaging. Cottrills Aspirations reserves the right to refuse or to reduce a refund or exchange on any item that is incomplete, damaged, dirtied or not received in reasonable condition.

Returns Process: To return an item(s) You must contact Cottrills Aspirations Customer Services in the first instance. It is Your responsibility to ensure the item(s) are returned on a secure service for insurance purposes. Should You fail to return the goods to the return address provided, Cottrills Aspirations will not be held responsible for any delays to refunds/exchanges or postage issues.

Other Returns: Other than for defective products, returns / exchanges outside the timeframe set out above, may be accepted at the sole discretion of Cottrills Aspirations. Cottrills Aspirations must be notified of Your intention to return items(s) or they will be refused.

Due to the perishable nature of some items, hygiene or safety reasons, the following items are non-returnable and non refundable:

- Personalised/custom made items.
- Earrings for pierced ears
- Edible products

Postage for Returns: Cottrills Aspirations would advise You to return unwanted items by a secure delivery service and where possible obtain a proof of postage of the returned items.

Unless the item is deemed faulty by Cottrills Aspirations the cost of the returning unwanted items is Your responsibility. No additional charges will be covered by Cottrills Aspirations. This does not affect your statutory rights to return faulty or misdescribed goods.

Lost Returns: Should Your chosen courier fail to deliver or lose the return parcel, it is Your responsibility to claim compensation from the courier directly. Cottrills Aspirations are not liable for any lost return parcels.

Insurance on Returns: Please note that it is Your responsibility to choose the most appropriate method for returns with the appropriate insurance. Cottrills Aspirations cannot be held responsible for any unforseen delays e.g strikes, riots, war or act of God.

Postage Refunds - UK only: Where applicable should You be eligible for a refund (as outlined under defective products) on postage You need to send the postage receipt for the returned item(s) FAO Cottrills Aspirations Customer Services at the registered postal address. A refund cheque for the return postage amount will then be sent directly to the address registered on Your documents. In some instances (UK only) Cottrills Aspirations may arrange to collect the item(s) from You.

European / Worldwide: In the event that a product is faulty or damaged and needs to be returned to Cottrills Aspirations for repair or replacement it will be Your responsibility to return the item(s) at Your expense. Cottrills Aspirations will then cover the expense of returning the item (repaired or replaced) to You unless product warranty terms and conditions differ.

Defective products e.g faulty or damaged: If a product is or becomes faulty within the manufacturers warranty period Cottrills Aspirations Customer Service will need to be notified immediately so that they can advise accordingly in line with the warranty. This does not affect your statutory rights. If a product is damaged on receipt DO NOT accept delivery from the transport company, if delivery is accepted Cottrills Aspirations Customer Service need to be notified within 24 hours (from delivery) so that the appropriate action can be taken.

8. Set-Off and Counter Claim

You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have or allege to have or for any reason whatever.

9. Liability

9.1 If the Goods We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at Our contact address of the problem within 10 working days of the delivery of the Goods in question.

9.2 If You do not receive Goods ordered by You within 30 days of the date on which You ordered them, We shall have no liability to You unless You notify Us in writing at Our contact address of the problem within 40 days of the date on which You ordered the Goods.

If You notify a problem to Us under this Condition, Our only obligation will be, at Your option:

9.2.1 to make good any shortage or non-delivery;

9.2.2 to replace or repair any Goods that are damaged or defective; or

9.2.3 to refund to You the amount paid by You for the Goods in question in whatever way We choose.

9.3 In the event that goods supplied become faulty within the manufacturers warranty period they will subject in all respects to the terms of the manufacturer's warranty and or guarantee.

9.4 Returned goods must be accompanied with all accessories originally supplied and documentation which gives full details of the fault. Any goods returned incomplete will incur costs to make good.

9.5 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under these Conditions and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Goods in question under clause 9.2.3 of these Conditions.

9.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our site. The importation or exportation of certain of Our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.

9.7 Notwithstanding the foregoing, nothing in these terms and Conditions is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit Our liability to You for any death or personal injury resulting from Our negligence.

9.8 Restricted Items: It is against the law to sell or supply intoxicating substances, such as alcohol, or to sell any knife, knife blades or razor blades to persons under the age of 18 years of age in the UK, the Republic of Ireland or the Channel Islands. The purchase of items with age restrictions will require proof of age.

By placing your order you confirm that you are at least 18 years of age. We may contact you via telephone to verify your age, if we require documentation to support the purchase and we will require a valid identification, such as a driving license, passport or birth certificate to be sent to us. Should we deem that the identification is not valid or identification cannot be provided for the purchase we may cancel the order.

The courier delivering such order mayrequest identification at the point of delivery to verify the Buyer´s age. Where such identification cannot be provided or the courier is not satisfied with the age of the recipient the courier may retain the delivery.

10. Insolvency or Other Default By You

10.1 If You fail to make payment for the Goods in accordance with these Conditions or commit any other breach of these Conditions or if any distress or execution shall be levied upon any of Your Goods or if You offer to make any arrangement with Your creditors or if any bankruptcy petition is presented against You or You are unable to pay Your debts as they fall due or if being a limited company any resolution or petition to wind up (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of Your business or assets or if You shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. We may in Our absolute discretion and without prejudice to any other rights which We may have:

10.1.1 suspend all future deliveries of Goods to You and/or terminate the contract without liability upon its part; and/or

10.1.2 exercise any of its rights pursuant to clause 11 of these Conditions.

11. Sellers Retention of Property

11.1 The Goods shall be at Your risk as from delivery.

11.2 In spite of delivery having been made property in the Goods shall not pass from Us until:

11.2.1 You have paid the Price plus VAT in full; and

11.2.2 no other sums whatever shall be due from You to Us.

11.3 Until property in the Goods passes to You in accordance with clause

11.4 You shall hold the Goods and each of them on a fiduciary basis as bailee for Us. You shall store the Goods (at no cost to Us) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Our property.

11.5 Notwithstanding that the Goods (or any of them) remain Our property You may sell or use the Goods in the ordinary course of Your business at full market value for Our account. Any such sale or dealing shall be a sale or Use of Our property by You on Your own behalf and You shall deal as principal when making such sales or dealings. Until property in the Goods passes from Us the entire proceeds of sale or otherwise of the Goods shall be held in trust for Us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Our money.

11.6 We shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from Us.

11.7 Until such time as property in the Goods passes from Us You shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Us. If You fail to do so We may enter upon any premises owned occupied or controlled by You where the Goods are situated and repossess the Goods. On the making of such request Your rights under clause 11.4 of these Conditions shall cease.

11.8 You shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are Our property. Without prejudice to Our other rights of, if You do so all sums whatever owing by You to Us shall forthwith become due and payable.

11.9 As a consequence of the provisions of clause 11.3 of these Conditions You shall insure and keep insured the Goods to the full Price against 'all risks' to Our reasonable satisfaction until the date that property in the Goods passes from Us, and shall whenever requested by Us produce a copy of the policy of insurance. Without prejudice to Our other rights, if You fail to do so all sums whatever owing by You to Us shall forthwith become due and payable.

11.10 You shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to Our other rights, if You fail to do so all sums whatever owing by You to Us shall forthwith become due and payable.

12. Notices

Unless otherwise expressly stated in these Conditions, all notices from You to Us must be in writing and sent to Our contact address at 102-104 Chestergate, Macclesfield, Cheshire, SK11 6DU and all notices from Us to You will be communicated by either letter, e-mail or via Our website from time to time.

13. Sellers Cancellation Clause

We may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice We shall promptly repay to You any sums paid by You. We shall not be liable for any loss or damage whatever arising from such cancellation.

14. Events beyond Our control

We shall have no liability to You for any failure to deliver Goods You have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

15. Invalidity

If any part of these Conditions is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these Conditions will not be affected.

16. Data Protection Policy

You acknowledge and agree to be bound by the terms of Our Data Protection policy.

17. Website

17.1 We will attempt to ensure that the information available on Our website at any time is accurate. However, We will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

17.2 We would specifically draw Your attention to Condition 5.1.3.

17.3 All drawings, photographs, descriptive matter and specifications of the Goods on Our website are for the sole purpose of giving an approximate description of the Goods.

17.4 We may also change, suspend or discontinue any aspect of Our website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.

18. Data Protection

We agree to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as the same relates to the provisions and obligations of these terms and conditions.

19. Alterations to these Terms and Conditions

We may from time to time change, alter, adapt, add or remove portions of these Conditions but if we do so we will post any such changes on Our website.

20. Third party rights

Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

21. Governing law

The contract between Us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between Us.

22. Entire agreement

These Conditions, together with Our current website and brochure prices, delivery details, contact details, set out the whole of Our agreement relating to the supply of the Goods to You by Us subject always to the provisions of these Conditions. Nothing said by any sales person on Our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.