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Consumer version | UK 1.0
These terms apply to purchases made by consumers from DiamondsByMe B.V. through www.diamondsbyme.co.uk for delivery in England, Scotland or Wales. Product-specific returns, warranty or service terms may also apply.
1.1 DiamondsByMe means DiamondsByMe B.V., Dienstenstraat 25, 3161 GN Rhoon, the Netherlands, registered with the Dutch Chamber of Commerce under number 24376433, Dutch VAT identification number NL817152696B01. Email: [email protected]. Telephone: +31 10 747 0000.
1.2 Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.
1.3 Contract means the contract between DiamondsByMe and the consumer for the sale and supply of a product and any agreed additional work or service.
1.4 Product means any item offered or supplied by DiamondsByMe, including jewellery, a diamond or gemstone, a fitting or replica ring and an accessory.
1.5 In writing includes a letter, email or another durable electronic form which the recipient can store and access unchanged.
2.1 These terms apply to offers and consumer contracts made through the UK website unless otherwise expressly agreed before the order is placed.
2.2 DiamondsByMe is always the seller. The website is not a marketplace and no third-party seller contracts directly with the consumer.
2.3 Product terms, the Returns, Exchanges and Cancellations terms, the Warranty and Defects terms, Custom Design arrangements and the Perfect Fit terms form part of the contract where they are made available before the order is placed.
2.4 If terms conflict, the following order applies so far as permitted by law: individual written arrangements and an approved Custom Design; the final configuration and order summary; product-specific information provided before ordering; applicable returns, warranty or service terms; and these Terms and Conditions.
2.5 A later change to our terms will not be applied retrospectively to the consumer’s disadvantage.
3.1 We take reasonable care to describe products and their main characteristics accurately. Obvious typographical, calculation or technical errors, and offers which a consumer should reasonably recognise as incorrect, do not bind us.
3.2 Images, videos, renders, configurations and 3D models illustrate the design and may not depict the individual finished product.
3.3 Limited variations may result from craftsmanship, material processing, image scale, lighting, screen settings and the natural or individual characteristics of gemstones, diamonds and precious metals. Natural stones may vary in colour, structure, inclusions, pattern, dimensions and proportions.
3.4 Such variations are not defects where the product remains as described, of satisfactory quality and consistent with what a consumer can reasonably expect. This clause does not allow us to supply a materially different product.
3.5 Certificate information for an individually selected diamond or gemstone forms part of the agreed specification where it is included in the order.
4.1 By completing checkout and activating the clearly labelled payment button, the consumer places an order and acknowledges that the order carries an obligation to pay.
4.2 The contract is formed when we electronically accept the order, unless our message states clearly that it is only an acknowledgement of receipt.
4.3 We provide the order details and applicable terms in a form that can be saved. The consumer should check the confirmation promptly.
4.4 We may request reasonable verification before production or delivery where there are objective indications of fraud, misuse, incorrect pricing, incorrect details, unauthorised payment use or a technically impossible configuration. We may suspend or cancel the order if reasonable concerns are not resolved. Amounts already paid will then be refunded unless the law permits a set-off.
4.5 We may refuse an order where the product cannot be made or supplied. We will inform the consumer promptly and refund amounts already paid.
5.1 Before ordering, the consumer must check the selected size, design, metal, colour, fineness, stone, cut, engraving, wording, date, delivery address and other configuration details.
5.2 We may rely on the information the consumer confirms. Reasonable costs caused by an incorrect or incomplete instruction may be charged to the consumer. This does not apply where we failed to follow correct instructions.
5.3 Ring-size measurements may be affected by the measurement method, temperature, band width, design and personal preference. The consumer remains responsible for the size selected, subject to Perfect Fit and statutory rights where we supply the wrong size.
5.4 Changes after contract formation require our agreement and may affect price and timing. Chargeable work is undertaken only after the consumer accepts a quotation.
6.1 Prices on the UK website are shown in pounds sterling. Before the order is placed, the total price includes applicable taxes, UK import duties and other mandatory charges known to us. Delivery or other additional charges are shown before payment.
6.2 UK orders are delivered on a duties-paid basis. The consumer should not normally be asked to pay additional import VAT or customs duty on delivery. If a charge is requested unexpectedly, the consumer should contact us before paying it.
6.3 Payment is made using the method selected at checkout.
6.4 Prices may change with precious-metal, diamond and currency markets. A change after contract formation does not affect the existing order unless the consumer later accepts a paid amendment.
6.5 We may refuse or cancel an order affected by an obvious price, discount or system error which the consumer should reasonably have recognised. We will contact the consumer promptly and refund amounts received.
6.6 We may suspend performance for late payment. Interest or recovery costs are payable only where and to the extent permitted by applicable law and after any required notice.
7.1 Many pieces exist only as a design or digital 3D model before ordering and are physically made after the order to the selected size, metal, colour, fineness, design, stone and personal choices.
7.2 For an individually selected diamond, the construction or setting may be made and finished to its exact dimensions and proportions. Replacing it may require opening, repairing or replacing the setting or further technical work.
7.3 For Custom Design, the design and recorded specifications become final when approved in writing. Later changes require our agreement and may increase the price or lead time.
7.4 A consumer supplying a design, image, logo, family crest, text or other material confirms that it may lawfully be used. To the extent permitted by law, the consumer is responsible for third-party claims arising directly from unauthorised use of that material.
7.5 Buying a product does not transfer intellectual-property rights in designs, CAD files, production methods or technical solutions unless exclusivity is expressly agreed in writing.
8.1 Current production and expected delivery times are shown before or with the order. A date is binding where expressly agreed; otherwise it is a good-faith estimate and statutory delivery rights remain.
8.2 Timing begins once we have the required payment, information and any design approval. A later change or delayed approval may reasonably extend it.
8.3 If delivery is delayed, the consumer may require delivery within an appropriate additional period and may end the contract if we still fail to deliver. No additional period is required where an agreed date was essential or we refuse to deliver.
8.4 Risk passes when the consumer, or a person nominated by them other than the carrier, takes physical possession. If the consumer independently instructs a carrier not offered by us, risk may pass when we hand the product to that carrier, to the extent permitted by law.
8.5 Reasonable and evidenced redelivery or storage costs caused by an incorrect address, absence or refusal may be charged after notice.
9.1 Where the statutory right to cancel applies, the consumer may cancel without giving a reason from contract formation until 14 days after the day on which the product is received. For goods delivered separately under one order, the period runs from receipt of the last item.
9.2 Cancellation may be made using our online returns route, the model cancellation form or any other clear statement sent to us. The online route is optional.
9.3 After cancellation, the consumer must return the product without undue delay and no later than 14 days after telling us. The consumer bears direct return costs where informed of this before ordering.
9.4 We reimburse payments due under the law, including standard outbound delivery, without undue delay and no later than 14 days after receiving the returned product or earlier evidence that it was sent. Any supplement for a more expensive delivery method need not be refunded. Reimbursement uses the original payment method unless expressly agreed otherwise.
9.5 The consumer may inspect and try the product as reasonably permitted in a shop. We may deduct evidenced diminished value caused by handling beyond what is necessary to establish its nature, characteristics and fit, but only where the required cancellation information was supplied.
9.6 The statutory cancellation right does not apply to goods made to the consumer’s specifications or clearly personalised, where the legal conditions are met. We state before ordering when this exception applies to the particular product.
9.7 This exception may apply to Custom Designs, strongly personalised work and a piece physically made with a construction or setting finished for the exact dimensions and proportions of a specifically selected Diamond Selector diamond. Made-to-order production or selection from standard options is not, by itself, decisive.
9.8 We may offer a voluntary 30-day returns service for products without a statutory cancellation right and beyond the statutory period. The conditions, contributions and deductions stated before ordering apply. Offering a voluntary return does not mean that a statutory right exists.
9.9 Voluntary contributions or deductions never apply to a justified claim for faulty, misdescribed, damaged, incomplete or incorrectly supplied goods, or where prohibited by law.
10.1 Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for a purpose made known to us, match their description and comply with other information which forms part of the contract.
10.2 If goods do not conform, the consumer may have a short-term right to reject them within 30 days. The period may be paused where the consumer requests or agrees to repair or replacement. A refund due following a valid rejection will be made without undue delay and within 14 days after we agree that it is due.
10.3 Where the short-term right to reject is not exercised or has expired, the consumer may require repair or replacement unless the chosen remedy is impossible or disproportionate compared with the other. It must be provided free of charge, within a reasonable time and without significant inconvenience.
10.4 If repair or replacement is impossible, unsuccessful after one attempt, not completed within a reasonable time or causes significant inconvenience, the consumer may be entitled to an appropriate price reduction or the final right to reject.
10.5 For remedies other than the short-term right to reject, a fault appearing within six months of delivery is generally presumed to have existed at delivery unless we prove otherwise or the presumption is incompatible with the nature of the goods or fault. After six months, the consumer will generally need to show that the cause was present at delivery.
10.6 Consumers generally have up to six years to bring a claim in England and Wales and up to five years in Scotland. These are limitation periods, not product-life guarantees; the statutory conditions and evidence requirements still apply.
10.7 We may request reasonable information, photographs and physical inspection. Photographs may support an initial assessment, but a reliable technical conclusion may require inspection by our workshop.
10.8 Statutory rights do not cover fair wear and tear, accidental or external damage, misuse, insufficient care or a problem caused after delivery, except where an underlying breach remains legally relevant.
10.9 Third-party work does not automatically remove statutory rights. We are not responsible to the extent the reported problem was caused by that work or can no longer be reliably investigated because of it.
10.10 Nothing in these terms excludes or restricts rights or remedies which cannot lawfully be excluded.
11.1 We provide an additional lifetime warranty for demonstrable material and manufacturing defects in jewellery made by DiamondsByMe. The Warranty and Defects terms govern its scope and procedure. It is additional to statutory rights.
11.2 We first assess cause and condition. If a covered defect is established, we provide an appropriate solution, taking account of the product, defect, technical options and proportionality.
11.3 Fair wear and tear, routine maintenance and damage from use or external causes are excluded. Loosening, loss, breakage or damage of a diamond or gemstone more than one year after delivery is excluded from this additional warranty. Statutory rights for a demonstrable original fault remain.
11.4 Perfect Fit is a voluntary resizing service, not a guarantee. Its own terms govern eligibility, timing, limits and charges.
11.5 Chargeable maintenance, repair or service work is carried out only after the consumer accepts a quotation.
12.1 Jewellery may scratch, wear or deform through use. Rhodium finishes, clasps, hinges, settings and claws may require periodic care or inspection.
12.2 We recommend that regularly worn jewellery is professionally checked at least once a year and after a hard impact. Failure to arrange a check affects the additional warranty only for damage which timely inspection would probably have identified or prevented. It does not limit statutory rights.
12.3 Jewellery should not be worn during strenuous work, sport, impact or crushing risks, or exposure to aggressive chemicals, chlorine or cleaning products.
12.4 Stop wearing the product if a stone is loose, a setting is damaged or the item is deformed. Failure to do so may affect liability for additional damage demonstrably caused by continued wear.
12.5 Some gemstones are naturally more sensitive to scratching, impact, heat, light, moisture or chemicals. Natural inclusions, colour and structural variation, and customary treatments, are not defects where consistent with the agreed stone and product information.
13.1 Rights in the website, configurator, software, product presentations, text, photographs, videos, designs, CAD files, 3D models, technical drawings, trade marks and names belong to DiamondsByMe or its licensors.
13.2 They may not be copied, commercially used, published, reproduced or used to make derivative products without prior written permission, except where law permits.
13.3 The consumer acquires ownership of the supplied physical product, not associated intellectual-property rights.
14.1 We are responsible for loss where the law makes us responsible. Nothing excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, defective products where liability cannot be excluded, deliberate misconduct, or any other liability which cannot lawfully be excluded or limited.
14.2 We are not responsible to the extent loss is caused by incorrect consumer information, misuse, fair wear and tear, insufficient care, external damage, unauthorised alteration or failure to follow clear safety or care instructions.
14.3 We are not responsible for business losses where a consumer in fact uses a product for commercial purposes, to the extent permitted by law.
14.4 We may suspend performance where an event beyond our reasonable control makes performance impossible or materially delayed, including severe transport disruption, government action, natural disaster, war, fire, major infrastructure failure or unexpected unavailability of a unique material with no reasonable alternative.
14.5 We will provide relevant information. If non-performance continues for an unreasonable period, either party may end the unperformed part and amounts paid for what will not be supplied will be refunded. Statutory termination rights remain.
15.1 Complaints may be sent to [email protected] or made by telephone on +31 10 747 0000. Please include the name, order number, a clear description and relevant photographs. Do not send valuable jewellery until we provide shipping instructions.
15.2 We respond within 14 days. If technical investigation requires longer, within those 14 days we acknowledge the complaint and give an indication of when a fuller response can be expected.
15.3 We first try to resolve disputes directly. The absence of an agreed out-of-court scheme does not restrict access to the courts.
15.4 The contract is governed by Dutch law. This choice does not deprive a consumer of mandatory protection which would apply in their country of habitual residence in England, Scotland or Wales without that choice.
15.5 Proceedings may be brought in any court which has jurisdiction under applicable law. Nothing in these terms restricts a consumer’s mandatory rights concerning where a claim may be brought.
16.1 If a provision is invalid or unenforceable, the remainder continues. The affected provision is disapplied only to the extent necessary.
16.2 We may amend these terms for future contracts. The version made available when an existing contract was formed continues to apply unless a change is required by law or expressly agreed.
16.3 This UK version governs purchases through the UK website for delivery in England, Scotland and Wales. It is not subordinate to the Dutch-language terms and does not apply to Northern Ireland.