General

This website, www.ethical.diamonds, (the “website”) is owned and operated by The Ethical Diamond Company (UK) Limited (“we” or “TEDC”), a company registered in England and Wales under company number 11317957 with its registered office at 2nd Floor, 10 Greville Street, London EC1N 8SB.

When you use this website, it is subject to the terms and conditions below and to our Privacy Policy and any other policies on our website (together, our “Terms and Conditions”). The Terms and Conditions also apply to any transactions you make with us after having viewed the website, for example if you contact us by phone or email after having looked at the website. Please read through these Terms and Conditions carefully before using the website as your use of the website will signify your agreement to be bound by them and will be a contract between us.

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 the website. Your continued use of the website indicates your agreement to be bound by the latest version of the Terms and Conditions. Any transactions with us will be governed by the version of the Terms and Conditions in force at the date of the transaction.

These Terms and Conditions may be amended or superseded by written correspondence (including email) between us and you, but only to the extent required to resolve a specific issue. For example, if we agree with you to deliver items using a different method, or to a different time frame, than these Terms and Conditions normally anticipate, the rest of the Terms and Conditions still apply. In all circumstances, we want to make sure that your experience with us is a positive one, so please always feel free to contact us with any queries or concerns.

 

  1. Consumer Rights

Cancellation

    1. If you are contracting as a consumer, you may, subject to clause 1.4 below, cancel your contract with us and be refunded as allowed under the Consumer Contract Regulations. Your right to cancel an order starts from the moment you place your order and ends 14 days from the day you receive your items. You then have 14 days in which to return the items.
    1. You must take reasonable care of the items while they are in your possession. If, in our reasonable opinion, you do not do so, or if they are damaged while they are in your possession, we have the right to reduce any refund given by an amount appropriate to compensate us for the reduction to the value of the items.
    1. If you return items to us, you are responsible for the cost of delivering them back to us. You will be responsible for the full cost of those items if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately.
    1. Your right to cancel, and/or your right to a refund, will not apply in any of the following circumstances:
  • Items have been customised from their original state as displayed on our website to your specific requirements. This would include, for example, a piece of jewellery that we have made for you by setting a stone that you have purchased from us in a particular setting;

  • A piece of jewellery that you have commissioned us to make and in respect of which you have accepted the bespoke designs;

  • A stone or piece of jewellery that you have viewed online and then picked up from our showroom, or viewed in our showroom and subsequently purchased online;

  • Items which, for health and safety reasons, we will not consider for refund, such as earrings or any jewellery intended for use with a piercing. (Such items are, of course, eligible for refund in the unlikely event of their being faulty.)

 

  1. Checks on your identity

In considering your order we may, at our discretion, verify your identity using an ID verification agency and/or check your identity with fraud prevention and protection agencies. By ordering with us you give your consent for us to do so. Please contact us if you would like details of the credit reference and/or fraud prevention and protection agencies from whom we obtain these background checks and to whom we pass information about you.

 

  1. Availability, substitutions, pricing and pricing errors
    1. Orders are subject to availability. If we are unable to supply the particular goods you have ordered, we will inform you as soon as possible. Where possible, we will offer you a substitute of at least equal quality. You will have the option of accepting the substitute or obtaining a full refund of any sums you have already paid for the goods that cannot be supplied.
    1. The price that you pay for items is the price displayed on this website at the time we receive your order. Whilst we make every effort to ensure that all prices on our website are correct, errors sometimes do occur. If an error does occur, we will notify you so that you can decide how you would like to proceed.
    1. All prices stated on the website include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated. You are responsible for such delivery charges, which will be confirmed when you are processing your order.
    1. You agree to indemnify us in full against all costs and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs (including without limitation the cost of any fee charged to us by our payment services providers in respect of failed payments).

 

  1. Delivery, inspection and transfer of risk/ownership
    1. We can normally deliver stock items within 10-15 working days, bespoke items within 30 working days, and loose diamonds within 7 working days. Whilst we make every effort to keep to these estimates, there may be delays caused by unforeseen circumstances, or those beyond our control. We therefore accept no liability for delay or failure to deliver items within estimated time frames.
    1. For deliveries within the United Kingdom, we charge a flat rate for postage, packing and delivery of £12.
    1. Ownership of any items you purchase on this website shall pass to you on delivery of those items, as long as we have received payment in full for them. In other words, goods will remain our property until they have been fully paid for. If you receive items you have not paid for and we ask you to return them, you have to do so immediately. We will pay for the cost of delivery back to us. If you do not agree to return the items within 5 working days, we may charge you interest on the price of the items at the rate of 2% per annum above the base rate of the Bank of England at that time. Such interest will accrue on a daily basis from the day you received the items until the date of either actual payment for such items or their return to us.
    1. Risk of loss and damage of products passes to you on the date when the items are delivered to you.
    1. In general the delivering agent will be:
  • Royal Mail special delivery service for the United Kingdom (including the outer British Isles and Northern Ireland addresses), fully insured;
  • FedEx or UPS secure delivery for any other country worldwide;
  • In special circumstances, a different agent that we nominate.
    1. The delivery address is provided by you when placing the order. Items are deemed to be delivered when:
  • our delivering agent delivers them to the delivery address (signature of a delivery note will be requested at your specified delivery address); or

  • in the case attempted delivery without success, when you collect them from the indicated collection address. You are required to collect the items within 5 working days from receiving the notification they are awaiting collection. Once the 5 working days have elapsed, goods will be deemed rejected and we will retake possession. You will then be refunded the cost of the items less the cost of delivery and any costs charged to us by the relevant carrier for return. (If the items are bespoke or customised, we reserve the right to refund the cost of the item only, and not the cost of the bespoke services rendered in the making of that item.)

    1. To safeguard against theft, we strongly advise you to provide us with a delivery address not accessible by third parties.
    1. For viewings/inspections of items organised outside of our premises (for example, Malca-Amit), you will need to pay a non-refundable deposit to cover shipping and insurance costs. Once the items are ready to be viewed at the pre-agreed location, you will be notified and will then have up to 3 working days to go and view the items. (If you cannot view the items within 3 working days, we may ship the items back to the UK and you will lose your deposit.) Upon viewing, you must confirm within 2 working days whether you will be taking delivery of the items. (Again, if you do not confirm, we may ship the items back to the UK and you will lose your deposit.)

 

  1. Returns, repairs and replacements

We want you to be happy with your purchases, so we make every effort to ensure that all items are fit for purpose, as described, and of good quality. Should you ever need to return any item to us, please contact us in the first instance to discuss the issue: customercare@ethical.diamonds.

    1. If you return items to us because you have cancelled the contract pursuant to clause 1 above, we will process a refund as soon as possible and, in any case, within 14 days of the day on which either (a) we receive the items back from you, or (b) on which you supply us with evidence that you have returned the goods to us. In this case, we will refund the price of the goods in full (minus the cost of any expedited delivery options, or the cost of any damage or wear that you have caused), and any applicable standard delivery charges. However, you will be responsible for the cost of returning the items to us and insuring them while in transit.
    1. In the unlikely event that delivered items turn out to be faulty or different from those you have ordered, you may request a full refund within 30 days of the day you take delivery of the items.
    1. If you notify us of a fault in the period between 30 days and six months from the day you take delivery, we will, at our discretion, repair or replace the items. When returning the original faulty items to us, they must be in their original packaging including any certificates provided and free from excessive wear and tear. Should items not include certificates originally provided, we would charge a fee of £200 plus VAT (per certificate) for replacing the certificates. Should there be excessive wear and tear, we reserve the right, subject to your statutory rights, to reduce any offer of refund by an amount that represents the loss of commercial value caused to the items. Should the items be damaged by you in a way that is not the result of wear and tear, we reserve the right, subject to your statutory rights, to decline to refund you, and instead offer to repair or replace the items.
    1. After six months from the day you take delivery, we will not normally consider any request for refund. If we do consider such a request, the items you return to us must be unused and in their original packaging including any certificates provided. We would normally be happy to repair the items for you and will notify you of the cost of doing so upon receipt and examination of the items.
    1. All returns are subject to anti-fraud verification and authentication by us.
    1. Any items with any element of personalisation, engraving, bespoke items, designs by or for you are non-refundable. For health and safety reasons, we are unable to consider earrings for return.
    1. We will not be responsible for loss or damage to return shipments. We cannot be held liable for any loss or damage you may suffer as a result of your return or late delivery or cancellation of your order, so we advise that you retain all proof of posting documentation.

 

  1. Our liability
    1. Subject to clause 6.2, we will not be liable for loss of profit that results from our failure to comply with these Terms and Conditions, nor for any loss or damage which arises from any impact which our failure to perform our obligations may have on any event or occasion in which you are involved. In any event our total aggregate liability to you for all claims that you may make in relation to the subject matter of these Terms and Conditions (in contract, tort or otherwise) shall not be greater than the total value of the goods to which those claims relate.
    1. Nothing in these Terms and Conditions excludes or limits liability for:
  • Death or personal injury caused by our negligence;

  • Fraud or fraudulent misrepresentation;

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

    1. We will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website.
    1. Other than as expressly provided in these Terms and Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

 

  1. Import Duty
    1. If you order items 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.
    1. Please also note that you must comply with all applicable laws and regulations of the country to which the items you order are destined. We will not be liable for any breach by you of any such laws.

 

  1. Events outside of our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside of our reasonable control (a “Force Majeure Event”).
    1. 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:
  • Strikes, lock-outs or other industrial action;

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

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

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

  • Impossibility of the use of public or private telecommunications networks;

  • The acts, decrees, legislation, regulations or restrictions of any government;

  • Pandemic or epidemic.

    1. Our performance of any contract or order under these Terms and Conditions 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 find a solution by which our obligations may be performed despite the Force Majeure Event.

 

  1. Intellectual Property

 

Website

    1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this website shall remain at all times vested in us. You are only permitted to use this material if expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any video, pictures, text, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except for the purpose stated below.
    1. You acknowledge and agree that the material and content contained within this website is made available to you for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and 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.
    1. You acknowledge that the name The Ethical Diamond Company and the diamond shaped logo incorporating the letters ED, are trademarks or identifiers of TEDC and that neither these, nor any derivatives or variations, may be used in any way without our express permission (including without limitation as a hyperlink). In particular, you agree that you have no entitlement to use our trademarks or our intellectual property in any way that is likely to cause confusion to our customers or potential customers, or in any way that discredits or may cause harm to our reputation.
    1. Nothing on this website should be construed as granting any licence or right to use any intellectual property rights inherent in it without our express written permission.

 

Goods

    1. Where you purchase bespoke or customised items from us, you acknowledge that all intellectual property rights inherent in such items remains the property of TEDC. Unless we specifically state otherwise, we grant you no rights to copy or make derivatives of such items and you warrant that you will refrain from doing so and will indemnify us should you breach this warranty.

 

  1. Viruses, hacking and other offences
    1. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
    1. By breaching this provision, you would commit a criminal offence. We would report any such breach to the relevant law enforcement authorities and we co-operate with those authorities by disclosing your identity to them.
    1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or any website linked to it.

 

  1. Transfer of rights and obligations
    1. Any contract between us pursuant to these Terms and Conditions is binding on you and us and on our respective successors and assignees.
    1. You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations under it, without our prior written consent.
    1. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

  1. Waiver

    1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
    1. A waiver by us of any default will not constitute a waiver of any subsequent default.
    1. 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.

 

  1. Severability

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.

 

  1. Entire agreement
    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. (Hence the requirement that any variation to these Terms and Conditions agreed between us must be in writing as mentioned in the General section above.)
    1. 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.
    1. 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.
    1. Nothing in this clause limits or excludes any liability for fraud.

 

  1. Law and jurisdiction

Contracts for the purchase of items through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

  1. Third party rights

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