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Terms & Conditions

Our terms and conditions

1. Introduction

1.1 Welcome to the www.hispekdiamonds.com website terms and conditions of use. These are the terms and conditions on which we supply Goods to you. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply to you and on what terms, how you and we may change or end a contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 This website, www.hispekdiamonds.com, (the “Website”) is owned and operated by Hispek Diamonds Limited (“We”, “Us” or “Hispek Diamonds”), a company registered in England and Wales under company number 12910144, registered office at Matrix Business Centre Highview House, 167 Station Road, Edgware, Middlesex, England, HA8 7JU.

1.4 You acknowledge that use of this website by you, including any transactions that you make using it shall be subject to the terms and conditions listed below, which also incorporate our returns, delivery and payments policy (all those documents together, our “Terms and Conditions”). Please note that these terms also apply to any other contracts which you may make with us using remote communications technology such as a phone (for example, if you view items on the website and call our team to place an order).

1.5 Please read through these Terms and Conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

1.6 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest version of the Terms and Conditions. When you make a purchase from us that purchase shall be governed by the version of the Terms and Conditions in force at the time that purchase is made.

1.7 You can contact us by writing to us at the above address or emailing us at contact@hispekdiamonds.com.

1.8 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.9 The following terms will also apply to and constitute part of our Terms and Conditions:

(a) our Privacy Policy; and

(b) our Cookie Policy.

1.10 When we use the words “writing” or “written” in these terms, this includes emails.

2. Registration

2.1 You warrant that:

(a) The personal data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

(b) You will notify us immediately of any changes to the personal data by updating these details on your online account.

2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

3. Order process and contract

3.1 When you decide to place an order for Goods (“Goods”) on the website, you will first be presented the details of your purchase on the ‘Checkout’ page. On reviewing this information, you will be invited to place an order after which we will send out an email to acknowledge receipt of your order entitled ‘Order confirmation’.

3.2 At this point a contract will come into existence between you and us.

3.3 You are advised to print out the ‘Order confirmation’ email for your own records. If you wish to obtain specific details of your previous purchases, please contact us.

3.4 If we are unable to accept your order, we will inform you of this and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods, because we were unable to obtain authorisation for, or verify, your payment, or because we are unable to meet a delivery deadline you have specified.

3.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images given the nature of diamonds

4.2 The packaging of the Goods may vary from that shown in images on our website.

4.3 If we are making the Goods to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.

5. Price and payment

5.1 The price that you will pay for Goods will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Goods advised to you is correct. However please see clause 5.7 for what happens if we discover an error in the price of the Goods you order.

5.2 Your payment details are entered online following the placement of your order and then proceeding to conduct the ‘Checkout’ process, either by Debit/Credit Card, Amazon Pay or Paypal. We do not hold any debit/credit card information.

5.3 Title to any Goods you purchase on this website shall pass to you on delivery of the Goods provided that we have processed and received payment in full for the Goods.

5.4 All prices stated on the website are exclusive of VAT and delivery charges. You are responsible for such delivery charges, which will be confirmed on the Checkout page.

5.5 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.

5.6 At any time prior to Dispatch Confirmation, Hispek Diamonds may at its sole discretion, for reasons of availability or otherwise, terminate its agreement with you in respect of any particular Goods and in such case it will in full and final settlement of any claims you might have return any monies received from you, within 28 days of receipt of such monies, to your nominated account.

5.7 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. If the Goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and

could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.

5.8 We accept payment with all major credit/debit cards. You must pay for the Goods before we dispatch them.

6. Your rights to make changes

If you wish to make a change to the Goods you have ordered after placing an order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. Delivery

7.1 The costs of delivery and estimated timescale for delivery will be specified on our website when you are placing an order.

7.2 We will make every effort to deliver your order to you as soon as reasonably possible and in any event within 28 days after the day on which we accept your order. Delays are occasionally inevitable due to unforeseen circumstances. We shall be under no liability for any delay or failure to deliver the Goods within estimated timescales.

7.3 Risk of loss and damage of Goods passes to you on the date when the Goods are delivered.

7.4 In general the delivering agent will be one of: (a) Royal Mail or DPD special delivery service for the United Kingdom (including the outer British Isles and Northern Ireland addresses); (b) FedEx, UPS or DHL secure delivery for any other country worldwide; (c) In special circumstances, the delivery agent may be a different agent, nominated by Us.

7.5 Delivery will be arranged to the billing address provided by you during the order process, unless you have specified a delivery address different to the billing address, and which is subject to further checks by us. Goods are deemed delivered when our delivering agent delivers them to the delivery address (signature of a delivery note will be requested at your specified delivery address).

7.6 Upon acceptance of delivery, insurance and protection of merchandise becomes the sole responsibility of the customer and we shall not be held liable for any loss, theft or resulting damages that may subsequently occur.

7.7 If our supply of the Goods 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.

7.8 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, the delivery agent will leave you a note or contact you informing you of how to rearrange delivery or collect the Goods from a local depot.

7.9 If you do not collect the Goods as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we reserve our right to cancel your order and issue you with a refund which may be subject to an administrative fee.

8. Cancellation

8.1 This section applies to UK orders only.

8.2 If you have any questions or require further information about the Goods, please contact us and We would be happy to assist you. You can contact us at contact@hispekdiamonds.com.

8.3 In the unlikely event that delivered Goods turn out to be faulty, damaged or different from those you have ordered, we will offer to replace or repair the Goods. You must inform us within 48hrs of delivery and if you have chosen to return the Goods, we will issue you with a Refund Authorisation Number (“RAN”). We will arrange for Collection of the Goods and refund your purchase within 14 days of you informing us of your decision.

8.4 If you are cancelling an order for a reason set out at (a) to (c) below, the contract will end immediately, and we will refund you in full. The reasons are:

(a) we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the Goods may be significantly delayed because of events outside our control; or

(c) we have suspended delivery of the Goods for technical reasons, or notified you that we are going to suspend them for technical reasons.

8.5 Exercising your right to change your mind (Consumer Contracts Regulations 2013) (the “Regulations”): for most Goods bought online you have a legal right to change your mind within a 14-day cooling-off period which starts the day after you receive your Goods.

8.6 As per the Regulations, you do not have any right to change your mind or cancel a contract in respect of:

(a) Goods that have been made to measure to your specific requirements (such as engagement rings). This would, for example, include (but is not limited to) a piece of jewellery that we have created for you by setting a stone that you have purchased from us in a particular setting;

(b) Goods that you have commissioned us to make and in respect of which you have accepted the bespoke designs (usually in the form of screenshots or other images);

(c) Goods with any element of personalisation, engraving or bespoke items, or designs.

(d) Goods comprising earrings for Health and Safety reasons.

(e) Goods that have been in any way tampered with or altered after delivery to you, by you, another jeweller or any other third party.

8.7 If you wish to exercise your right of cancellation as mentioned above, you are obliged to retain possession of the goods and take good and reasonable care of them.

9. Returns and refunds

9.1 In almost all cases we will arrange for collection of Goods you wish to return when you are exercising your right to change your mind.

9.2 Goods being returned must be in unused and original condition (please see clause 9.6).

9.3 If exercising your right to change your mind as set out in clause 8, you must inform us in writing within 14 days of receipt of the Goods. We will issue you with a RAN and arrange collection of the Goods within 14 days of receiving your request. We will issue you with a full refund within 14 days of your request, including any standard delivery charges applied to your order (please see clause 9.6).

9.4 We will refund you the price you paid for the Goods (including standard delivery costs where applicable), by the method you used for payment of the original order.

9.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If we have not offered to collect the Goods, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 9.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

9.6 We may make a deduction from a refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you and/or if the Goods are not in original condition upon our inspection.

10. Our liability

10.1 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 the sales process.

10.2 We are not liable for business losses. We only supply the Goods for domestic and private use. If you use the Goods 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.

10.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods. This does not affect your statutory rights as a consumer, nor does it affect your right of cancellation.

10.4 Nothing in these Terms and Conditions excludes or limits liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation;

(c) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11. Events outside our control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (a “Force Majeure Event”).

11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lockouts or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks;

(f) The acts, decrees, legislation, regulations or restrictions of any government; or

(g) Pandemic or epidemic.

11.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

12. How we may use your personal information

12.1 We will only use your personal information as set out in our Privacy Policy.

13. Orders outside the UK

13.1 If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country from which the Goods you order are destined. We will not be liable for any breach by you of any such laws.

14. Transfer of rights and obligations

14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations under these Terms and Conditions, to another person unless we provide prior written consent at our discretion.

15. Waiver

15.1 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 constitute a waiver of our rights and will not mean that you do not have to do those things. 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 Goods, we can still require you to make the payment at a later date.

15.2 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. Entire agreement

16.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.2 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.

16.4 Nothing in this clause limits or excludes any liability for fraud.

17. Compliance with laws

17.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

18. Intellectual Property

18.1 You acknowledge that the material, content, copyright, trademarks and all intellectual property on this Website constitutes the sole property of Hispek Diamonds Limited. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

19. Severability

19.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20. Governing law and jurisdiction

20.1 These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.

21. Third party rights

21.1 Any contract entered into by you is a contract between you and us only.

21.2 A person who is not party to any contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Last updated 31 April 2021