TERMS & CONDITIONS
1. THESE TERMS
1.1. What these Terms cover. These are the Terms on which FC Diamonds & Investments Limited (“we” or “us” or “FC Diamonds ”) will supply such products to you, whether these are goods or services.
1.2. Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Product(s) 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 or require any changes, please contact us to discuss.
1.3. Please understand that if you refuse to accept these Terms, you will not be able to order any Product(s) from our Website.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who are we? We are FC Diamonds & Investments Limited (trading as ‘FC Diamonds & Investments’) a company registered in England and Wales. Our company registration number is 12194692, and our registered office is at 88 Warwick 366 Queenstown Road, London, England, SW11 8NL.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44 7551 214 513 or by writing to us at firstname.lastname@example.org.
2.3. 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.
3. OUR CONTRACT WITH YOU
3.1. Order Process. By completing an order form and submitting it through the Website, you are placing an order for Products (an “Order”). Your Order constitutes a request for the sale of goods and/or the provision of services in accordance with the Price Schedule, and any instructions you include at the time of placing your Order.
3.2. Warranties. By placing an Order through the Website, you warrant that you:
(a) are legally capable of entering into binding Contracts;
(b) are at least 16 years old; and
(c) have read and understood the Price Schedule, and are aware of the process of both our Products and the total cost of your Order.
3.3. How we will accept your Order. All Orders are subject to acceptance by us, and we will confirm such acceptance (after examining the validity, authenticity and accuracy of the data relating to the Order and the payment method chosen) by sending you an email to confirm, which goods will be delivered and which services will be carried out (“Order Confirmation”). The Order Confirmation will confirm the Products associated with the Order and the pricing for the provision of such Products. The Contract between you and us will only come into existence when we send you the Order Confirmation. In respect of Bespoke Pieces, there is likely to be a consultation period before we accept your Order and send you an Order Confirmation.
3.4. What happens if there is a mistake in the Order Confirmation. You will not be asked to confirm that the Order Confirmation matches your understanding of the Product associated with an Order, in the case of services before we begin carrying out such services, and in the case of goods, before delivering such goods; however, the Order Confirmation will include instructions on how to contact us if you believe any mistakes or errors have been made. If you believe this to be the case, you must do so immediately as the provision of the Products will in most circumstances be commenced on the same day on which the Order is placed. We will not be liable for any error you make.
3.5. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product(s). This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product(s) or because we are unable to meet a delivery deadline you have specified.
3.6. Your order number. We will assign an order number to your Order and tell you what it is when we accept your Order through a confirmation e-mail. It will help us if you can tell us the order number whenever you contact us about your Order. We also recommend keeping the confirmation e-mail received as proof of purchase.
3.7. Where we deliver. Our Website is for the promotion of our Products globally, however, due to increased security policies applied globally, we are limited with regards to which countries we can securely ship to and we may be unable to accept Orders from certain countries. We highly advise clients to contact us before placement of their order, via email at email@example.com to enquire about the ability of shipping to their country. This will allow us to verify the most convenient shipping method and to clarify associated taxes and fees (customs duty, VAT etc).
3.8. Third Party Service Providers. We reserve the right to utilise any Third Party Service Provider to assist in providing the services or production of Bespoke Pieces and you hereby consent and authorise us to delegate the authorisations you provide to us to our Third Party Service Providers as we deemed necessary or desirable to provide the services or production of Bespoke Pieces to you, without notice to you.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the Products 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 Products. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website.
4.2. Product packaging may vary. The packaging of the Product(s) may vary from that shown in images on our Website (colour and textures of outer packer).
4.3. Making sure your measurements are accurate. If we are making the Product(s) 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 on our website or by contacting us.
4.4. Bespoke Pieces:
(a) We offer a bespoke commission service where clients work exclusively with us to create Bespoke Pieces.
(b) Consultations on Bespoke Pieces will be completely free of charge. Such consultations can be made through either e-mail or over the telephone. This is the way in which we will discuss all your requirements for your piece(s) in detail.
(a) The design of Bespoke Pieces and all rights associated with it are still owned by FC Diamonds, aswell as, copies of all the final designs associated with the piece created. Copies of final designs may be provided to the person who placed the Order.
(b) From time to time, we may request that the design is recreated for further sales and marketing purposes – this will be undertaken in full knowledge of the person that has placed the Order.
(c) We accept using pre-owned stone(s), on a case-by-case basis, for the fabrication of new, Bespoke Pieces of jewellery.
(d) When we are supplied stone or jewellery by clients for the purposes of a Bespoke Order, in certain instances we will ask for a ‘proof of origin’. This protects you and us against unethical and criminal practice.
(e) Before submitting your stone(s) to us, please make sure you have all the associated information of the stone(s) accessible, so that we can successfully fill out our Stone Intake Form. The requested detailed information includes the following:
(i) stone(s) type;
(ii) stone(s) weight (expressed in Carats);
(iii) accompanying gemmological certification, if any (GIA, AGS, HRD Antwerp, Gubelin, SSEF, Lotus, IGL etc.);
(iv) current stone(s) mounting (if on an older piece of jewellery); and
(v) any photographic material of the stone(s), either in loose form or on a mounting.
(f) You acknowledge that there is always an associated risk involved with the removal of a stone(s) from old mountings and re-setting them into new pieces. It is our responsibility to examine any risks associated with your stone(s) and advise you on any foreseeable concerns before proceeding with the re-setting. By giving your consent to set or reset an existing stone, which belongs to you, we are not liable in any case for stone damages, primarily due to pre-existing inclusions (cracks, pits, chips, blemishes or any other internal or external features).
(g) If you do decide to use your own stone(s), direct shipment of the stone(s) is necessary to 88 Warwick, 366 Queenstown Road, SW118NL, London. It is up to you to select your preferred courier service (shipping rates, terms etc.) and submit payment directly to the courier service itself. It is highly advised to consider shipping insurance in all instances, regardless of the value of your stone(s).
(h) In the event that you wish to commission an Order for Bespoke Pieces, from a loose diamond or gemstone, we will need to examine the gemstone to determine the correct way to proceed.
(i) We will submit a quotation to you when the Jewellery has been examined by a working jeweller.
(j) The examination process may take up to 2 weeks for the quotation to be confirmed. If gemstones need to be tested there may be an additional cost. You will be informed of this cost at the earliest convenience.
(k) FC Diamonds reserves the right to refuse to work with loose diamonds or gemstones (as supplied by the client)
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product(s), 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(s), 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 proceed with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be entitled to end the Contract (see Clause 8 - your rights to end the Contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the Products.
We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the Product(s) in any way.
6.2. More significant changes to the Product(s) and these Terms. In addition, as we informed you in the description of the Product(s) on our Website or otherwise before sending you the Order Confirmation, we may make the changes to these Terms or the Product(s), but if we do so we will notify you, and you may then contact us to end the Contract before the changes take effect and receive a refund for any Product(s) paid for but not received.
6.3. Changes to the Order Confirmation. Even if we have sent you an Order Confirmation, we are under no obligation to provide any Bespoke Pieces in respect of Stones sent to us, which we consider to be at an increased risk of damage.
7. PROVIDING THE PRODUCTS
7.1. Delivery costs. The cost of delivery will be as displayed to you on our Website.
7.2. When we will provide the Product(s). During the order process, we will let you know when we will provide the Product(s) to you. If the Products are services, we will also tell you during the order process when and how you can end the Contract.
7.3. What carrier services will we use to deliver the Product(s)? Depending on the value of the delivery, the corresponding carrier service will be selected, and the following will apply:
i) for increased security, we may request you to confirm your identity prior to your order being shipped, and your signature will be necessary upon delivery. Please make sure to be available at the corresponding and provided address;
ii) shipping information such as tracking numbers, estimated dates of arrival and others will be provided with the shipping confirmation email;
iii) due to increased security policies applied globally, we are limited with regards to which countries we can securely ship to. We highly advise clients to contact us before placement of their order, via email at firstname.lastname@example.org to inquire about the ability of shipping to their country. This will allow us to verify the most convenient shipping method and to clarify associated taxes and fees (customs duty, VAT etc); and
iv) it is essential to note that you are responsible for any taxes, duties and additional charges associated with the import of your purchase.
7.4. We are not responsible for delays outside our control. If our supply of the Product(s) 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(s) you have paid for but not received.
7.5. Collection by you. If you have asked to collect the Product(s) from our premises or any other location agreed between us, you can collect them from us at any time during our working hours of 09:00 – 17:00 on weekdays (excluding public holidays). We may require proof of identification upon collection to verify your identity.
7.6. If you are not at home when the Product is delivered. If no one is available at your address to receive the delivery and the Product(s) cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Product(s) from a local depot.
7.7. If you do not re-arrange delivery. If you do not collect the Product(s) from us 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 may end the Contract, and Clause 10.2 will apply.
7.8. Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the Contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.
7.9. Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under Clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
7.10. Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under Clause 7.8 or Clause 7.9, you can cancel your Order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the Order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer service on +44 7551 214 513 or email us at email@example.com for a return label or to arrange collection.
7.11. When you become responsible for the goods. A Product which is goods will be your responsibility from the time we deliver the Product(s) to the address you gave us or to a carrier organised by you to collect it from us. The insurance policy associated with your Order covers your parcel from the time it leaves us to the moment it arrives at your provided address.
7.12. When you own goods. You own a Product(s) which is goods once we have received payment in full.
7.13. 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(s) to you, for example, the correct and complete delivery address, email address and identity document. We will contact you in writing 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 incomplete or incorrect information, we may either end the Contract (and Clause 10.2 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(s) late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it. For this reason, please check your address carefully before the final submission of your Order. Address, e-mail address, telephone number.
7.14. What will happen if you submitted an incorrect address to us. If you realise that you have submitted a wrong or incomplete address, please let us know as soon as possible. In the event that we make a change to or cancel an Order, we will attempt to notify you by contacting the e-mail/billing address/phone number provided at the time the Order was made.
7.15. Reasons we may suspend the supply of Product(s) to you. We may have to suspend the supply of a Product(s) to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product(s) as requested by you or notified by us to you (see Clause 6).
7.16. Your rights if we suspend the supply of Product(s). We will contact you in advance to tell you we will be suspending supply of the Product(s) unless the problem is urgent or an emergency. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 15 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
7.17. We may also suspend supply of the Product(s) if you do not pay. If you do not pay us for the Product(s) when you are supposed to (see Clause 12.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Product(s) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Product(s). We will not suspend the Product(s) where you dispute the unpaid invoice (see Clause 12.7). We will not charge you for the Product(s) during the period for which they are suspended. As well as suspending the Product(s), we can also charge you interest on your overdue payments (see Clause 12.6).
7.18. We reserve the right to limit or prohibit Orders. If in our sole judgment, they appear to be placed by dealers, resellers or distributors.
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the Contract:
(a) 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 a service re-performed or to get some or all of your money back), see Clause 11;
(b) If you want to end the Contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the Product, see Clause 8.3. 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 goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.
8.2. Ending the Contract because of something we have done or are going to do. 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 Product(s) which have not been provided, and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product(s) or these Terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the Product(s) you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the Product(s) may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Product(s) for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 15 days; or
(e) you have a legal right to end the Contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Product(s) 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.
8.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Product(s) that have been manufactured specifically as a result of your instruction. Examples of Product(s) that are not capable of being cancelled or refunded include those that are Bespoke Pieces to your requirements and engraved orders.
8.5. How long do I have to change my mind? How long you have, depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services, you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods? if so, you have 14 days after the day you (or someone you nominate) receives the goods unless your goods are 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 goods
8.6. 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 (see Clause 8.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract will end immediately and we will refund any sums paid by you for Product(s) not provided but we will deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract. In the case of an Order relating to a Bespoke Piece, we will also deduct (or charge you) a fixed £200 design fee.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer service on at +44 7551 214 513 or email us at firstname.lastname@example.org . Please provide your name, address, order number and phone number.
(b) Online. Complete the form [INSERT LINK TO ONLINE FORM] on our Website.
(c) By post. Print off the form [INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning Product(s) after ending the Contract. If you end the Contract for any reason after Product(s) have been dispatched to you, or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 88 Warwick, 366 Queenstown Road, SW118NL, London or (if they are not suitable for posting) allow us to collect them from you. Please call customer service on at +44 7551 214 513 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the Contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
(a) if the Product(s) are faulty or misdescribed;
(b) if you are ending the Contract because we have told you of an upcoming change to the Product(s) or these Terms, 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.
9.4. 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. The costs of collection will be the same as our charges for standard delivery, see our Website for more information on charges.
9.5. How we will refund you. We will refund you the price you paid for the Product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate and corresponding amount.
(b) 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(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
9.7. 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:
(a) If the Product(s) are goods, and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us. For information about how to return a Product(s) 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.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the Contract if you break it. We may end the Contract for Product(s) at any time by writing to you if:
(a) 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;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s);
(c) you do not, within a reasonable time, allow us to deliver the Product(s) to you or collect them from us; or
(d) if it proves that we are unable to deliver the Products due to the circumstances described in Clause 3.7.
10.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in Clause 10.1, we will refund any money you have paid in advance for Product(s) 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.
11. IF THERE IS A PROBLEM WITH THE PRODUCT(S)
11.1. How to tell us about problems. If you have any questions or complaints about the Product(s), please contact us. You can telephone our customer service team at +44 7551 214 513 or write to us at firstname.lastname@example.org
11.2. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product, your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
See also Clause 8.3.
If your Product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11.3. Your obligation to return rejected Product(s). If you wish to exercise your legal rights to reject Product(s), you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer service on at +44 7551 214 513 or email us at email@example.com for a return label or to arrange collection.
12. PRICE AND PAYMENT
12.1. Where to find the price for the Product. The price of Stock Product(s) is exhibited in Pound Sterling (£) (which includes VAT if applicable) and will be the price indicated on the order pages when you placed your order (“Price Schedule”). We take all reasonable care to ensure that the price of the Products advised to you is correct. However, please see Clause 12.4 for what happens if we discover an error in the price of the Product you order.
12.2. Estimates and price for Bespoke Pieces. An estimate of the cost of undertaking the Bespoke Pieces will be given at any stage that the client requests. The estimate is an approximation of the cost of the job being undertaken and is based upon similar previous jobs and the cost of the precious metals, diamonds and gemstones being used. A final quotation will be issued when the finished design is approved. We will however hold this price for seven days from the date that the quotation is issued due to the fluctuation of prices of precious metals, diamonds and gemstones. The price of Bespoke Pieces is priced in relation to the time spent on design, weight of gold or platinum employed, the cost of diamonds and/or gemstones, hallmarking, additional fittings and setting and finishing.
12.3. Costs. Shipping costs and any other additional costs, exclusive of VAT and expressed Pound Sterling, will be expressly and separately indicated in the order pages, as well as on the Order Confirmation.
12.4. 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.
12.5. When you must pay and how you must pay. Payment for all Product(s) must be made by credit card or debit card (Visa, Visa Electron, MasterCard, & American Express) or by PayPal on our Website. All credit and debit cardholders will be subject to routine validation checks and authorisation by the card issuer. We may accept bank wire transfer or cash for Orders at our sole discretion.
When you must pay depends on what Products you are buying:
(a) for Stock Pieces, on the Order pages and in any event you must pay for the Stock Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Stock Products to you;
(b) for Bespoke Pieces, once an Order Confirmation has been delivered to you in respect of an Order for the provision of Bespoke Pieces, the initial design phase will be initiated and you will be charged a non-refundable £200 design fee which will apply towards your final bill, The initial design stage is comprised of the creation of design ideas in the form of sketches and 3D-CAD renderings, on the basis of your submitted design. Corresponding changes and any technical modifications to your piece will occur during this phase. Once the design is approved, we will require a 50% deposit of the price for the ordered Bespoke Pieces and the remaining 50% (less the £200 design fee) is paid before delivery.
12.6. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2 % a year above the base lending rate of Bank of England 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.
12.7. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
12.8. When will the Contract conclude? The Contract is concluded when a Product(s) is paid for in full and is subsequently delivered to you. All pieces sold by FC Diamonds shall remain the property of FC Diamondsls until the payment of the total invoice amount corresponding to your Product(s).
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. 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 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.
13.2. 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 Products 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; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987.
13.3. Limit of our liability. Our total liability to you in respect of each Product shall not exceed 100% of the price we charged for the Product less any costs incurred in respect of the provision of such Product. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise or arising under or in connection with these Terms.
13.4. We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Product(s) 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.
13.5. Exceptions. Clauses 13.1 to 13.4 are subject to Clause 4.4(f).
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. 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.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this Contract. This Contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
15.4. If a court finds part of this Contract illegal, the rest will continue in force. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
15.5. Even if we delay in enforcing this Contract, we can still enforce it later. 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 mean that you do not have to do those things, and it will not prevent us from 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 Product(s), we can still require you to make the payment at a later date.
15.6. Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law, and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.
15.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an EU online dispute resolution service to assist with any contractual dispute. This service can be found here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
16.1. In these Terms:e
“AGS” means American Gem Society;
“Bespoke Pieces” means pieces which are created as a result of your request. The request to create an already existing design from our online catalogue will fall under this category if there is no corresponding piece with the requested specifications listed in our stock;
“Carat” means a unit of weight for precious stones and pearls, equivalent to 200 milligrams.
“Contract” means the contract between you and us for the provision of Product(s) comprising the order accepted by us in writing through a confirmation email and incorporating the Terms;
“GIA” means Gemological Institute of America;
“Gubelin” means Gubelin Gemological reports;
“IGL” means International Gemological Laboratories reports;
“IGI” means International Gemelogical Institute reports;
“Lotus” means Lotus Gemology reports;
“Order” has the meaning given to it in Clause 3.1;
“Order Confirmation” has the meaning given to it in Clause 3.13.3;
“Price Schedule” has the meaning given to in Clause 12.1;
“Product” means any goods and/or services provided to you in connection with an Order, but not limited to, Bespoke Pieces and Stock Pieces, or any other product that is available on our Website;
“Stone Intake Form” is a form created for the identification, classification and grading of a precious or semi-precious stone, received by us for the creation of a new project;
“SSEF” means Schweizerische Stiftung für Edelstein-Forschung report;
“Stock Pieces” means pieces that have already been manufactured and are ready to be delivered. Therefore, no alternation to size, stone type or metal is necessary for the successful completion of the order;
“Terms” means these Terms and Conditions as amended from time to time
“Website” means www.fcdiamondsandinvestments.com
"You" means the person using the Website; and
“3D-CAD” means software which precisely represents and visualises objects using a collection of points in three dimensions on the computer.
16.2. Clause and paragraph headings shall not affect the interpretation of these Terms.
16.3. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
16.4. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
16.5. Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding these Terms.
16.6. “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.