These terms (Terms) set out the terms and conditions upon which we will provide our jewellery design, manufacture, maintenance and repair services.
Please read these Terms carefully. These Terms tell you who we are, how we will provide our services and products 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, please contact us to discuss.
We are Diamond Centre Wales Ltd a company registered in England and Wales. Our company registration number is 5143484 and our registered office is at 3 Heol Y Twyn, Talbot Green Business Park, Rhondda Cynon Taff, CF72 9FG. Our registered VAT number is 869289748.
You can contact us by telephoning us on 01443 222375 or by e-mailing us at firstname.lastname@example.org.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to our trading address 3 Heol Y Twyn, Talbot Green Business Park, Rhondda Cynon Taff, CF72 9FG. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you initially provide to us.
Our acceptance of your order will take place when we write to you to accept it or we tell you that we are able to provide you with the product or the services you require, at which point a contract will come into existence between you and us on these Terms.
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.
We will meet with you to discuss your initial requirement for our services. Following that meeting we will provide you with a design specification(Specification)setting out your requirements and specification for the design services you require and a description of the product to be supplied (Designed Product), any works to be done, materials required, our price and such other information as we deem necessary.
We will discuss and agree the Design Specification with you and once it has been agreed we will require you to sign the Design Specification to confirm your acceptance of its contents.
It is important that you consider the contents of the Design Specification carefully as the Designed Product will be supplied in accordance with the Design Specification. You are responsible for notifying us if you think there is a mistake or require any changes to it. We will confirm any changes in writing to avoid any confusion between us.
Please note any quotation contained in the Design Specification remains valid for 30 days only. Should the Design Specification not be approved within such time period we reserve the right to review the pricing structure contained in the Design Specification to take account of any increase in labour and materials costs.
We will provide you with CAD images of your Designed Product for approval before we proceed to manufacture. We will not proceed with manufacture until such time as your approval of the CAD images has been obtained.
You will be given the opportunity to inspect the Designed Product at certain times during the manufacture process. Where you are given a timescale in which to inspect the Designed Product, should you not inspect the Designed Product in that timescale the manufacture process may be suspended until such time you inspect the Designed Product. As a consequence delivery of your Designed Product may be delayed. We shall not be liable for any delay in delivery caused by you not inspecting the Designed Product within specified timescales.
If you choose not to inspect the Designed Product we will proceed to manufacture the Designed Product in accordance with the Design Specification.
The maintenance and/or repair services (MR Services) we will provide will be set out in your order.
To enable us to perform the MR Services we will require you to deliver the item of jewellery to be repaired or maintained (Maintenance Piece) to our trading premises.
The Maintenance Piece will be photographed and logged in our maintenance log on delivery to our trading premises.
We will use all reasonable endeavours to advise you of any risks associated with undertaking the MR Services in respect of the Maintenance Piece. As a consequence of the MR Services the Maintenance Piece may look significantly different. The Maintenance Piece could further disintegrate or suffer discoloration as a consequence of MR Services. We do not accept liability for any disintegration or discolouration of the Maintenance Piece arising out of the MR Services save to the extent the Maintenance Piece disintegrates or discolours as a consequence of any negligent act or omission on our part.
Risk in the Maintenance Piece will remain with you whilst the Maintenance Piece is in our possession.
We will perform our Services using reasonable skill and care.
In these Terms a reference to Services means any services we have agreed to provide to you in your order whether in producing a Designed Product or performing the MR Services.
The Designed Product will be of satisfactory quality and fit for the purpose made known to us.
We reserve the right to make any changes to our Services and any Designed Product which are necessary to comply with any applicable laws, to implement minor technical adjustments or improvements or which do not materially affect the nature or quality of the Services or any Designed Product. We will notify you of such changes.
We will use all reasonable endeavours to meet any performance dates set out your order but such dates are estimates only and time shall not be of the essence in respect of carrying out the Services and/or supply of any Designed Product.
In providing the Services and/or the Designed Product additional services may be required whether due to a pre-existing condition or otherwise. If additional services or works are required we will use all reasonable endeavours to advise you of the additional services or works and any additional costs (including an increase in our Charges) and the impact upon any agreed timescales. Save where such additional services are required as a matter of urgency we will not undertake any additional services or works without your consent.
If our performance of the Services or delivery of the Designed Product 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 products or services you have paid for but not received.
To enable us to perform our obligations under the contract you will:
We will not be liable for any delay or non-performance of our obligations under these Terms where such delay or non-performance arises due to a failure on your part to comply with your obligations under these Terms.
We will notify you when your Designed Product or Maintenance Piece is available for delivery/collection.
Unless otherwise agreed delivery/collection will take place at our trading address.
A Designed Product will become your responsibility from the time you collect the item from our premises.
You own the Designed Product once you have paid our Charges in full.
Our charges for carrying out the Services and/or the supply of the Designed Product are set out in your order (Charges).
Our Charges are exclusive of VAT which will be added at the rate applicable at the time.
Our payment terms are set out in your order. If no payment terms are stated in the order payment of our Charges must be made on delivery/collection.
If you do not make any payment due to us by the due date for payment we may(without affecting any of our other rights and remedies):
If you require a change to the Services and/or the Designed Product, please provide us with details of the requested change in writing. We will use all reasonable endeavours to accommodate your change. Upon receipt of your request, we will advise you of any impact of the proposed changes upon any agreed timescales, any necessary variations to our Charges and any other impact upon these Terms. No change will be implemented until such time as you and we have agreed the necessary changes and any additional fees payable. Please note that no changes will be accepted in respect of a Designed Product once the Designed Product has been sized.
All patents, rights to invention, copyright, design rights or any other intellectual property rights in or arising out of the carrying out of the Services and/or the supply of a Designed Product by us shall belong to us.
Where you require us in carrying out the Services or supplying a Designed Product to use any third party intellectual rights (e.g. drawings), you will be responsible for obtaining any licence or consents required to enable us to use such intellectual property rights. You will reimburse us any damages, losses, costs or expenses if our use of such intellectual property rights in accordance with these Terms is deemed to breach the rights of any third party.
We do not exclude or limit in any way our liability under these Terms for:
We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract.
Our total liability to you in respect of all losses arising under or in connection with this contract whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed our Charges.
You can always end the contract for the supply of the Services or a Designed Product before the Services are performed or a Designed Product delivered. You may contact us to end your contract but if you have paid a deposit which was stated to be non-refundable, this will not be repaid. We may charge you for the Services performed or any materials or process costs we have incurred to the date of cancellation to the extent not covered by your deposit payment. If you have made an advance payment (this does not include your deposit) we may deduct the charges we are entitled to charge under this clause and we will refund you the balance of the advanced payment.
If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services or product which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
We may end the contract at any time by writing to you if:
If we end the contract in the situations set out above we will retain any non-refundable deposit paid on placement of your order. We will refund any money you have paid in advance for services or any product (an advance payment does not include any deposit paid on placing your order) 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 which will include all costs we have incurred to the date of termination in the provision of the Services and supply of the Designed Product.
We will advise you of the warranty period that will apply in respect of your Designed Product at the time you place your order. If during the warranty period a defect occurs in the Designed Product which is due to our workmanship or any materials we have used in producing the Designed Product, we will put the defect right at no cost to you.
We will not be responsible under our warranty for any defect which arises:
If you have any questions or complaints about the Services or Designed Product, please contact us. You can telephone or email our consumer service team or call at our trading premises. Our contact details are set out above.
We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these Terms will affect your legal rights.
You may transfer the warranty that comes with your Designed Product to a person who has acquired the product from you. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant item.
We may transfer or subcontract our rights and obligations under these Terms to another person or organisation, but this will not affect your rights or our obligations under these Terms.
Save as permitted under these Terms, no variation to these Terms shall be valid unless agreed in writing by us.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Our agreement is not required to transfer the benefit of the warranty to the extent permitted under these Terms.
This agreement is between you and us. Save as expressly provided no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This agreement is governed by English and Welsh law. you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.