Covett Vault Subscription
TERMS AND CONDITIONS
1 OUR TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions which apply where you become a subscriber of jewellery made available through us.
1.2 Why you should read them. Please read these terms carefully before you become a subscriber.
These terms tell you who we are, how we will make available the Covett Vault jewellery to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Covett Enterprises Ltd a company registered in England and Wales. Our company registration number is 10836193 and our registered office is at UNIT 5 DRAKES COURTYARD, 291 KILBURN HIGH ROAD LONDON NW6 7JR.
2.2 How to contact us. You can contact us by telephoning +44 203 579 3504 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone, text or by writing to you at the email address you provided to us on the form that you sign when you become a COVETT VAULT Subscriber which incorporates these terms (“Subscriber Application Form”).
2.4 “Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your application to become a subscriber. Once we have received your completed Subscriber Application Form plus any deposit or other fees set out in these terms, we will vet your information, and if in order confirm that your application has been accepted. At this point a contract will come into existence between you and us on these terms. We reserve the right to not issue a Subscriber Confirmation and return any monies paid to us, in the event that we are unable to accept your application. You must meet the following minimum conditions to apply:
3.1.1 You must be over the age of 18.
3.1.2 You must be a UK resident.
3.1.3 You must not have been personally bankrupt within the last 5 years (10 years if a business bankruptcy).
3.1.4 You must not have received a CCJ (County Court Judgment) within the last 6 years.
3.1.5 You must not have an IVA (Individual Voluntary Arrangement) or a Debt Relief order in the last 5 years.
3.1.6 You or any person living with you must not have any unspent criminal convictions (excludes motoring convictions).
3.2 If we cannot accept your application. If we are unable to accept your application for a COVETT Vault Subscription, we will inform you of this and will return any monies you have paid to us.
3.3 We only provide for vault subscription in the UK. Our website platform is solely for the promotion of co- ownership of jewellery and vault subscriptions in the UK at this time. You must be resident in the UK, as unfortunately, we do not accept applications from addresses outside the UK at this time.
4. COVETT STRUCTURE
Covett Members. We will only accept Subscriber Application Forms to apply for a vault subscription if you agree to become a subscriber in accordance with these terms and have registered as a ‘Covett Member’ on our website. You become a Covett Member by registering on the registration page on our website. As a Covett Member, you will have the opportunity to view our vault of luxury jewellery pieces which are available for subscription and discuss with other members about what luxury pieces should be in our vault.
4.1 Possession of your item. Whilst the jewellery piece is in your possession, the item must either be worn or hand carried by you, under your close personal custody and control, or locked in a safe (value must exceed £10,000 RRP) which meets minimum specifications, which will be verified by a member of the Covett team (see clause 5.4). You are not permitted to let any other person wear the item while it is in your possession and to do so will be in breach of these terms.
5. COVETT JEWELLERY
5.1 Jewellery may vary slightly from their pictures. The images of the jewellery on our website have been taken by a professional jewellery photographer who has made every effort to display the colour, clarity, and details of each piece of jewellery accurately. We cannot guarantee that the actual item accurately reflects the colour of the jewellery. Although we have made every effort to be as accurate as possible, because our items are individual pieces, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 3% tolerance. All written information about the jewellery is provided from the seller to and is provided for the purposes of understanding the piece with as much detail as available.
5.2 Jewellery presentation may vary. The presentation of each piece of jewellery may vary from that shown on images on our website, although all presentation boxes or cases will be chosen to ensure that the jewellery item is received by you in the safest way, preserving the integrity of the jewellery piece.
5.3 Measurements. Where we provide details of any measurements of the jewellery pieces, these are provided as accurately as possible, however you are responsible for ensuring that the measurements will allow you to wear the jewellery piece in the manner you wish.
5.4 Storage. All items, while not being worn. For items deemed replaceable under £10,000 RRP the jewellery must not be left in the home or hotel room unattended and should be worn or hand carried.
The jewellery can be stored in a jewellery box at home, as long as the member is home with the piece.
Jewellery pieces with a value over £10,000 RRP should be stored in a safe approved by us (see clause 4.3). Generally, we require each safe to have a ‘cash rating’ of ten times the market value of each item of jewellery stored within it. We permit you to store items in a hotel safe, if you are staying in that hotel, provided that hotel safe meets the relevant safe requirements.
5.5 Cleaning. Before you receive your jewellery item for your possession period, we will check it for any loose stones or damage and ensure it is professionally cleaned and sanitised. Should an item require cleaning whilst in your possession, you are only permitted to clean each item with mild hand soap only. In the event that you use any other cleaning products or any cleaning of the jewellery item causes any damage to the jewellery item, then you will be responsible for any damage caused to the jewellery item, including making good any damage caused and restoring the jewellery piece to the same standard that you received it.
5.6 Maintenance. Each item of jewellery will go through bi-annual maintenance whereby the item will be professionally cleaned and checked for weaknesses, and if required, repaired.
5.7 What happens if the item is lost, stolen or damaged. Jewellery items that are lost or stolen are covered by our insurance, subject to any exclusions in the insurance policy. We require you to report any lost or stolen items to both us and the police as soon as possible.
5.8 Negligent Damage. If whilst in your possession, the item is damaged through owner negligence, for example, failing to wear the item properly or using chemical cleaners, you will be responsible for the cost of any professional repair or cleaning we undertake to repair the damage. If the damage is irreparable, you will be liable for the cost of a similar replacement item.
5.9 Insurance. All our jewellery is fully insured for loss or damage subject to each subscriber agreeing to and abiding by these terms and conditions. All jewellery, whilst in your possession, should either be worn, hand carried under your control or locked in an approved home or hotel safe. Items over £10,000 must be locked in an approved safe when not worn. You are not required to insure any item yourself.
Exclusions from our insurance policy:
5.9.1 Loss or Damage occurring outside of the United Kingdom if You have been, or intend to be, away from the United Kingdom for more than 60 consecutive days.
5.9.2 Any routine repair, servicing, inspection, maintenance, cleaning, alteration or restoration costs.
5.9.3 Loss or Damage caused by or resulting from natural ageing, wear and tear, gradual deterioration, inherent or latent defect, rust or oxidation, moth or vermin, other than Loss or Damage resulting from wear and tear or mechanical derangement to a clasp, setting or other fastening, carrier or container.
5.9.4 Scratching, denting or cosmetic only damage
5.9.5 Any Loss or Damage to Jewellery and watches away from either your home or another private dwelling in the UK where You are staying temporarily, unless the item is: a) worn by you, or
b) carried under your close personal control or c) Kept in a locked safe
d) Kept in a locked gym locker whilst you remain on the gym premises
5.9.6 Loss from baggage unless carried by hand under your personal supervision 5.9.7 Any theft from an unattended motor vehicle.
5.9.8 Electrical or mechanical fault or breakdown.
5.9.9 Any unexplained disappearance of any Item Insured. Loss or damage caused by or resulting from criminal or deliberate acts committed by you.
5.11 Delivery time. A member of the Covett team will deliver the jewellery piece directly to you, at the address you have provided. Delivery of each jewellery piece must be signed for by you. Delivery times will be during a four-hour window on the day you are due to receive the item unless otherwise arranged with the Covett concierge 48-hours in advance. We can deliver your item to your place of work as long as it is in London.
5.12 We are not responsible for delays outside our control. If delivery of the item of jewellery 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. Provided we do this we will not be liable for delays caused by the event.
5.13 If you are not at home when the item is delivered. If you are not available at your home or work address to take delivery of the item, we will text you informing you of how to rearrange delivery. Any further delivery attempt will be at your own expense. You can arrange to pick up your item if that is more convenient.
5.16 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 10.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
5.17 Collection. When your period of possession is over, a member of the Covett team will pick the item up from the address you have provided, and each item will be assessed for any damage and tested to ensure any stones have not been replaced or altered. If you require collection from a different location, you must contact the Covett Concierge at least 24 hours prior to your collection date.
5.18 When you become responsible for the item. The item will be your responsibility from the time we deliver the item to the you at the address you gave us to the time we collect the item from you.
5.19 What will happen if you do not give required information to us. We may need certain information from you so that we can supply each piece of jewellery to you, for example, your address and any authorised agent. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 12.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the item(s) late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
5.20 Reasons we may suspend the supply of items to you. We may have to suspend the supply of an item to:
5.20.1 deal with any urgent repairs or cleaning of an item;
5.20.2 update the item to reflect changes in relevant laws and regulatory requirements;
5.20.3 make changes to the item as requested by you or notified by us to you (see clause 9)
5.20.4 outstanding subscription fees owed to Covett
6. OUR RIGHTS TO END THE CONTRACT
6.1 We may end the contract if you break it. We may end the contract at any time by writing to you
6.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the items;
6.1.2 you re-locate outside of London;
6.1.3 you do not, within a reasonable time, allow us to deliver the items to you or collect the items from you; or
6.1.4 You violate any of the Owner T&Cs for the handling of the jewellery while in their possession.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for items we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7. IF THERE IS A PROBLEM WITH THE ITEM
7.1 How to tell us about problems. If you have any questions or complaints about the item, please contact us. You can telephone us at +44 203 579 3504 or write to us at email@example.com.
7.2 Summary of your legal rights. We are under a legal duty to supply items that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the item.
Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your item is goods, for example, jewellery, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We are responsible to you for foreseeable loss and damage caused by us. 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, for example, if you discussed it with us during your co-ownership application process.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the items as summarised at clause 13.2.
8.3 We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
10. OTHER IMPORTANT TERMS
10.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the items, we can still require you to make the payment at a later date.
10.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the items in the English courts.
10.5 Alternative dispute resolution. 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 an alternative dispute resolution provider.
10.6 Credit card Pre-authorisation. With new customers, we may ask for a pre-authorisation on your credit card for an amount of 50% of the retail value of the loaned piece(s). This is to ensure that nothing untoward happens to the Covett jewellery piece(s) on loan to you while in your care. You are covered for any loss, theft or damage; however, we are not covered if you do not return the piece. We will keep your credit card details on file, and if the piece is not returned to us on time in pristine condition, we will put a credit memo for the Recommended Retail Price (RRP) of the jewellery piece(s) until such time as the issue is resolved. If the loaned piece(s) is/are not returned to us within a reasonable amount of time, we have the right to charge your credit card the full RRP.