Terms & Conditions
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These terms
- What these terms cover. These are the terms and conditions on which Diamond Centre Wales Ltd (we, us, our) will supply its products to you you, your).
- Why you should read them. Please read the terms carefully before you submit your order to us. These terms tell you who we are, how we will provide 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. Should you have any queries in relation to any matter set out in these terms, please do not hesitate to contact us and we will seek to clarify the matter of concern.
- In these terms when we refer to Product we are referring to the product(s) (or any of them) set out in your order.
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Information about us and how to contact us
- Who we are. We are Diamond Centre Wales Ltd a company registered in England and Wales. Our company registration number is 5143484 and our registered office and trading address are at 3 Heol Y Twyn, Talbot Green Business Park, Rhondda Cynon Taff CF72 9FG. Our registered VAT number is 869289748.
- How to contact us. You can contact us by telephoning our customer service team at 01443 222375 or by writing to us at enquiries@diamondcentrewales.com or the address referenced above.
- How we may contact you. 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.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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Our contract with you
- Your order. Before submitting your order please ensure it is complete and accurate.We will supply the Product in accordance with your Order.
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us for the supply of the Product (Contract).
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because we have identified an error in the price or description of the Product or because we are unable to size the Product to meet your requirement.
- Your order number. 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 only sell to the UK. Our website is solely for the sale and promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
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Our Product
- Supply of Product. We will supply the Product in all material respects in accordance with your order.
- The Product. The Product is as described on our website www.diamondcentrewales.com.
- Changes to specification. We reserve the right to amend the specification of the Product if required by any applicable statutory or regulatory requirements or to improve the quality of the Product or to implement minor technical changes.
- Product may vary slightly from their pictures. The images of the Product 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 Product. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because of the nature of our Product all sizes, weights, dimensions and measurements indicated on our website have a 2% tolerance.
- Making sure your measurements are accurate. If we are making any adjustments to the Product in accordance with measurements you have given us you are responsible for ensuring that those measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Product to you. If so, this will have been stated in the description of the Product on our website. To the extent not requested at the time you place your order, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it or if you give us incorrect or incomplete information, we may end the contract (and clause 11.1 will apply) 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 Product late or not supplying the Product if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Compliance with our instructions. Your Product may come with specific instructions regarding the care, servicing and maintenance of the Product. It is important you comply with any such instructions as failure to do so may invalidate the warranty we provide in respect of the Product.
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Your rights to make changes
- If you wish to make a change to the Product you have ordered 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 Product, 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. No change will be implemented until such time as you and we have agreed the necessary changes.
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Our right to make significant changes
- More significant changes to the products and these terms. If we have to make significant changes to the Product, we will notify you. If you are unhappy with the proposed changes you may then contact us to end the contract before the changes take effect and receive a refund for any Product paid for but not received.
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Delivery of our Product
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. We will deliver the Product to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery will be made to the delivery address set out in your order.
- Collection by you. If you have asked to collect the Product from our premises you can collect it from us at any time during our opening hours details of which are set out on our website [www.diamondcentrewales.com].
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Product cannot be posted through your letterbox, we will leave a note informing you of how to rearrange delivery or collect the Product from a local postal depot or our trading premises.
- If you do not re-arrange delivery. If you do not collect the Product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collection we will contact you for further instructions and charge you any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you and clause 11.1 shall apply
- Delivery in instalments. We reserve the right to deliver your order in instalments which shall be invoiced and paid for separately.
- We are not responsible for delays outside our control. If our supply of the 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 Product you have paid for but not received.
- When you become responsible for the products. The Product will become your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
- When you own the goods. You own a Product once we have received payment in full.
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Price and payment
- Where to find the price for the product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 8.2 for what happens if we discover an error in the price of the Product.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's 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 Product provided to you.
- When you must pay and how you must pay. You must pay for the Product before we dispatch the Product. We accept payment by debit or credit card. We will not charge your credit or debit card until we dispatch the Product to you.
- If you do not make any payment to us by the due date. If you do not make payment to us by the due date we may:-
- suspend supply of the Product until you have paid us the outstanding amounts; and/or
- charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
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Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 12;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
- If you have just changed your mind about the Product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Product;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 9.2.1 to 9.2.4 below the contract will end immediately and we will refund you in full for any Product which has not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming significant change to the Product which you do not agree to (see clause 6.1);
- we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- there is a risk that supply of the Product may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
- How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the Product, unless your Product is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Product.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract for the supply of the Product is completed when the Product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Product not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
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How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services or email us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
- By post. Simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after the Product has been dispatched to you or you have received the Product, you must return the Product to us. You must either return the Product in person or post the Product back to us at the address stated above or (if not suitable for posting) allow us to collect the Product from you. Please call customer services or email us to arrange collection. If you are exercising your right to change your mind you must send off the Product within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the Product is faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the Product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the Product including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product if this has been caused by your handling the Product in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
- the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return the Product to us, see clause 10.2.
- in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
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Our rights to end the contract
- We may end the contract if you break it. We may end the contract for the Product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking, provide us with information that is necessary for us to provide the Product;
- you do not, within a reasonable time, allow us to deliver the Product to you or collect the Product from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for the Product 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.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the Product. We will let you know in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Product which will not be provided.
- We may end the contract if you break it. We may end the contract for the Product at any time by writing to you if:
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If there is a problem with the product
- Your product guarantee. Your Product will be covered by our product warranty which will be notified to you at the time you place your order. If during the warranty period a defect occurs in the Product due to our workmanship or any materials we have used in producing the Product, we will put the defect right at no cost to you.
- We will not be responsible under our warranty for any defect that arises:-
- due to fair wear and tear;
- if you fail to comply with any written instructions in respect of the care, servicing and maintenance of the Product supplied with the Product;
- if you alter or repair the Product without our consent.
- How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team or write to by email or post.
- Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject the Product you must either return them in person, post the Product back to us or (if not suitable for posting) allow us to collect the Product from you. We will pay the costs of postage or collection.
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Our responsibility for loss or damage suffered by you
- 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, 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.
- 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 Product or including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply products for domestic and private use. If you use our products 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.
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How we may use your personal information
- How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
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Other important terms
- Assignment and other dealing. We may at any time transfer our rights and obligations under these terms to another organisation. You may not transfer any of your rights or obligations under these terms without our written consent.
- Third party rights. This contract is between you and us. 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.
- Severability. 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.
- Waiver. 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.
- Law. This Contract is governed by English and Welsh law. you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.