Terms & conditions – Pemberton Diamonds

pemberton_diamonds

Terms of Sale

Background:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, pembertondiamonds.com(“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation
    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
      “Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
      “Goods” means the goods sold by Us through Our Site;
      “Order” means your order for Goods;
      “Order Confirmation” means our acceptance and confirmation of your Order;
      “Order Number” means the reference number for your Order; and
      “We/Us/Our” means Pemberton Diamonds Limited (9441619) a company registered in England, whose registered address is 20-22 Wenlock Road, London, England, N1 7GU.
  2. Information About Us
    Our Site, pembertondiamonds.com, is owned and operated by Pemberton Diamonds Limited (9441619) a company registered in England, whose registered address is 20-22 Wenlock Road, London, England, N1 7GU.
  3. Access to and Use of Our Site
    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
  4. Age Restrictions
    Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
  5. Business Customers
    These Terms of Sale do not apply to customers purchasing Goods in the course of business.
  6. International Customers
    Please note that We only sell to customers in the United Kingdom.  We do not accept orders from, or deliver to, customers outside the United Kingdom.
  7. Goods, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. All Goods provided will be in line with the design specification agreed and backed by an independent valuation report.
    2. Please note that Clause 7.1does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
    3. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 30 days, We will treat your Order as cancelled and notify you of this in writing.
    4. All prices displayed are inclusive of VAT (where applicable) at the current rate.
  8. Orders – How Contracts Are Formed
    1. No part of Our Site constitutes a contractual offer capable of acceptance.
    2. Following an initial discussion We will send You a design specification & quotation containing the following information:
      1. Your Order Number;
      2. Confirmation of the Goods to be supplied, including full details of the main characteristics of those Goods;
      3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges; and
      4. Estimated delivery date(s).
    3. If You wish to proceed, subject to clause 8.4, a final design specification & quotation with CAD images (if required) is sent to You via email for approval and acceptance by placing an Order via email within 30 days.
    4. If specialist CAD imagery is required an initial non-refundable deposit of £50.00 must be paid by you(as more fully described in clause 9.2) and CAD images of the chosen design are then produced.
    5. Your Order under clause 8.3 constitutes an offer to purchase the Goods in accordance with the specification and quotation (and any CAD images) we have provided you with. Our acceptance of your Order is indicated by us sending you an Order Confirmation by email.  Only once We have sent this will there be a legally binding Contract between Us and you.
  9. Payment
    1. Following our Order Confirmation (under clause 8.5) after your approval of the final design, you will be required to pay 100% of the total cost (and any related delivery charges communicated to you) in advance via bank transfer. You will be prompted to pay and given payment instructions during the order process. Any payment made is non-refundable due to the bespoke nature of our services and materials.
    2. If specialist CAD imagery is required we charge a £50 design deposit, that will be deducted from your final bill if you place an Order with Us. Should you not wish to proceed after the £50 design deposit has been paid, the deposit will be non- refundable.
  10. Delivery, Risk and Ownership
    1. You must sign for your parcel when it arrives wherever possible.
    2. Delivery to alternate address– If you wish to arrange the delivery of your item to an alternate address (other than your billing address), we will be more than happy to help you out. For such a request, we require additional verification documents to safeguard our buyers from fraudulent activities. Details of these will be sent to you via email upon receipt of your request.
    3. Order Update – If you need to know the expected delivery date of an item please email us at info@pembertondiamonds.com to check the progress of your order. We will try to meet any delivery requirements you may have but delivery dates are approximate and time of delivery is not guaranteed.
    4. All Goods purchased through Our Site will normally be delivered within 45 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).
    5. If We are unable to deliver the Goods on the delivery date, the following will apply:
      1. If no one is available at your delivery address to receive the Goods, our courier will leave details for You to rearrange delivery or collection of the Goods;
      2. If you do not collect the Goods or rearrange delivery within the stated period before the Goods are returned to us, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will hold the Goods for 6 months before We treat the contract as cancelled and, due to the bespoke nature of the Goods, no refund will be offered.
    6. We fully insure all of our deliveries up to the point when you sign for the delivery. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
    7. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
  11. Faulty, Damaged or Incorrect Goods
    1. Resizing – Rings
      1. We understand that it can sometimes be difficult to get the perfect measurements for a ring. That’s why we offer a ring resizing service (within 30 days of receiving your order) for the majority of our rings. We do recommend viewing our ring size guide, if you are about to purchase a ring. If you have purchased a ring as a gift, or you have simply got your measurements a little wrong, we can try and help. We are more than happy for you to simply send your ring back to our workshops where we will resize the ring accordingly. Notify us before sending your ring back – Please contact us on 0121 663 1865 or email us at info@pembertondiamonds.co.uk if you intend to return your ring. Also, please ensure your ring and parcel are fully insured for the replacement value and send via recorded delivery.
      2. We offer a free service for one ring resizing within 30 days of delivery. Additional ring resizing will cost from as little as £50, plus delivery charges.
      3. Remember, many rings cannot be re-sized and sometimes the size requirements exceed what can be done to an existing ring, therefore, so as not to create issues with returning your order, we would recommend that it is not worn or used. Rings that show any signs of wear may be refused refund or “repair.
    2. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@pembertondiamonds.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Please note that if Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, you will not be able to return those Goods. Otherwise, your available remedies will be as follows:
      1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
      2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
      3. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
      4. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
      5. Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
    3. To return Goods to Us for any reason under this Clause 11, please contact Us at info@pembertondiamonds.com to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
    4. Once the item is received, it will be sent for assessment where the product(s) will be inspected. If any item found to be worn, damaged, altered, resized, tampered with, or found to be mishandled in any way it will not be accepted for refund or repair.
    5. Any diamonds that have fallen off the ring or become lost will not be covered under our returns policy and no replacement will be guaranteed. We recommend you get your jewellery insured to avoid such events in future. Our advice to you is to inspect your item as soon as it arrives and notify Pemberton Diamonds for any defect or damage. You may also contact us on 0121 663 1865 or email us at info@pembertondiamonds.com.

Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind.

  1. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 30 calendar days of the day on which We agree that you are entitled to the refund.
  2. Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
  3. Refunds under this Clause 11 may be subject to deductions in the following circumstances:
    1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).
    2. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 11.
  4. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.

For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

  1. Our Liability to Consumers
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  2. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      1. We will inform you as soon as is reasonably possible;
      2. We will take all reasonable steps to minimise the delay;
      3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
  3. Communication and Contact Details
    If you wish to contact Us with general questions or complaints, or for matters relating the Goods or your Order, you may contact Us by telephone at 0121 663 1865 or by email at info@pembertondiamonds.com.
  4. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. By email, addressed to info@pembertondiamonds.com;
      2. By contacting Us by telephone on 0121 663 1865.
  5. How We Use Your Personal Information (Data Protection)
    All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the Privacy Policy.
  6. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time and will give you reasonable advance notice of any changes relating to your Order
  7. Law and Jurisdiction
    1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.