Terms & Conditions
This website, www.diamondrocks.co.uk, (the “website”) is owned and operated by SK Partnership t/a Diamond Rocks, a partnership company registered in England and Wales with its registered office at 100 Hatton Garden, London, EC1N 8NX and a VAT number of GB 979 7818 30.
You acknowledge that any use of this website by you, including any transactions that you may using it shall be subject to the terms and conditions listed below, which also incorporate our returns, delivery and payments policy (all those documents together our “Terms and Conditions”). Please note that these terms also apply to any other contracts which you may make with us using remote communications technology such as a telephone (for example, if you view items on the website and call us directly to place an order).
Please read through these Terms and Conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest version of the Terms and Conditions. When you make a purchase from us that purchase shall be governed by the version of the Terms and Conditions in force at the time that purchase is made.
It is important that you read these Policies together with any other privacy notice or fair processing notices that we may provide on the Website at or around the time that we collect or process personal data about you (for example, fair processing notices that we may display to you at the time that you sign up to receive e-mail updates from us) so that you are fully aware of how and why we are using that data.
1. ORDER PROCESS
1.1 When you order items ('Goods') from us online you will be presented with the final details of your order on the 'Order Confirmation' page. On reviewing those details you will be invited to place your order (an “Order”). After placing your Order, we will send to you an e-mail acknowledging that we have received your Order.
1.2 You are advised to print out the 'Acknowledgement of Purchase' email for your own records. If you wish to obtain specific details of your previous purchases, please Contact Us.
2. YOUR DETAILS, PAYMENT AND AVAILABILITY
2.1 In considering your order we may verify your ID using an ID verification agency. It is important that you give us accurate information or these verifications may return negative results which may cause your Order to be rejected. Where we consider it necessary, we will check your details with fraud prevention and protection agencies or get a Fraud Score from SagePay.
2.2 Orders of Goods are subject to availability. In the event that we are unable to supply the particular Goods you have ordered, we will inform you of this as soon as possible. Where we consider it possible, we will offer you a substitute of at least equal quality. You will in such circumstances 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.
2.3 The price that you pay for Goods 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. We will normally verify prices as part of our Dispatch Confirmation so that, where your Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. IF YOUR GOODS’ CORRECT PRICE IS HIGHER THAN THE PRICE STATED ON OUR SITE, WE WILL NORMALLY, AT OUR DISCRETION, EITHER CONTACT YOU FOR INSTRUCTIONS BEFORE DISPATCHING THE GOODS, OR REJECT YOUR ORDER AND NOTIFY YOU THAT WE ARE REJECTING IT. WE RESERVE THE RIGHT TO REJECT THE ORDER. PLEASE NOTE THAT THIS IS VERY RARE BUT CAN HAPPEN AS WE ARE DEALING WITH THOUSANDS OF GOODS. If, having contacted you and informed you that your Goods are at a higher price than that stated on the website, you then cancel your order and you have already paid for the Goods, you will receive a full refund. Where we cancel an order in this way you agree that we will have no further liability to you, and that we will not be obliged to supply Goods unless you submit a further Order to us.
2.4 Your payment details are entered online following the placement of your Order and then proceeding to conduct the 'Check Out' process, either by Debit/Credit Card, Paypal or Deko/Klarna.
2.5 Title to any Goods you purchase on this website shall pass to you on delivery of the Goods provided that we have processed and received payment in full for the Goods.
2.6 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 in the Dispatch Confirmation.
2.7 At any time prior to Dispatch Confirmation, Diamond Rocks may at its sole discretion, for reasons of availability or otherwise, terminate its agreement with you in respect of any particular Goods and in such case it will in full and final settlement of any claims you might have return any monies received from you, within 30 days of receipt of such monies, to your nominated account.
2.8 You agree to indemnify Diamond Rocks 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).
2.9 To apply for finance via our Deko / Klarna payment option you must meet the following criteria:
a) You must be over 25 years of age.
b) You must be a UK resident with at least 3 years continuous address history.
c) You must be in full time employment, unless retired or a house person with a spouse in full time employment.
d) You must have a UK bank account capable of accepting Direct Debits.
e) The Goods must be delivered to your home address if purchased online or collected instore if purchased instore.
Please note that during the checkout process, the address input on our website must match the address input on the Deko website, failure to do so may result in the cancellation of your order. Please note that all decisions in respect to the Approval of finance are made by the finance company, not Diamond Rocks.
3.1 Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales specified in the Dispatch Confirmation or, if no delivery date is specified, within a reasonable time from the date of the Dispatch Confirmation, unless there are exceptional circumstances. Delays are occasionally inevitable due to unforeseen factors. Diamond Rocks shall be under no liability for any delay or failure to deliver the products within estimated timescales. Orders can be collected by hand, directly from us, with an appropriate proof of identity such as passport or driving licence.
3.2 Risk of loss and damage of products passes to you on the date when the products are delivered.
3.3 In general the delivering agent will be: a) Royal Mail special delivery service for the United Kingdom (including the outer British Isles and Northern Ireland addresses); b) FedEx secure delivery for any other country worldwide; c) In special circumstances, the delivery agent may be a different agent, nominated by Diamond Rocks.
3.4 The delivery address is provided by you when placing the order. Goods are deemed to be delivered when
a) our delivering agent delivers them to the delivery address (signature of a delivery note will be requested at your specified delivery address).
b) In the case attempted delivery (without success) the Goods will be deemed to have been delivered when you collect them from the indicated collection address. You are required to collect the Goods within 5 working days from receiving the notification the Goods 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 Goods less the cost of delivery and any costs charged to us by the relevant carrier for return (in the event that the Goods are bespoke/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).
3.5 In order to safeguard against theft, you are advised to provide us with a delivery address not accessible by third parties.
4.1 If you are contracting as a consumer, you may, subject to clause 4.3 below, cancel a Contract as follows:
a) If the value of the Goods is greater than £25,000, at any time within 14 days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods, but not the cost of delivery, in accordance with our returns policy (set out in clause 5 below). Please note if the item is viewed in-store or collected in-store, the item cannot be returned;
b) If the value of the Goods is less or equal to £ 25,000, at any time within 30 days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods, but not the cost of delivery, in accordance with our returns policy (set out in clause 5 below);
Please note that, where you return Goods to us you are responsible for the cost of delivering them back to us. You will be responsible for the full cost of those Goods 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.
4.2 To cancel a Contract, you must inform us in writing. You must also return the Goods to us as soon as reasonably practical but no longer than 5 working days, and at your own cost. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation or if the Goods are damaged while they are in your possession, we have the right to reduce your refund by a sum appropriate to compensate us for the reduced value of the goods.
Exceptions to your usual Cancellation Rights
4.3 You will not have a right to cancel a Contract for supply of any Goods in any of the following circumstances:
a) The Goods have been customised from their original state (Bespoke) as displayed on our website to your specific requirements. This would, for example, include a piece of jewellery that we have created for you by setting a stone that you have purchased from us in a particular setting;
b) A piece of jewellery that you have commissioned us to make and in respect of which you have accepted the bespoke designs (usually in the form of 3D Model screenshots);
c) A stone or piece of jewellery that you have viewed online and then picked up from our showroom.
d) A stone or piece of jewellery that you have viewed in our showroom, and subsequently purchased.
5. RETURNS AND SUBSTITUTIONS
5.1 If you return Goods because you have cancelled the Contract pursuant to clause 4 above we will process the refund as soon as possible and, in any case, within 14 days of the day on which either (a) we receive the Goods 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 to the Goods), and any applicable delivery charges. However, you will be responsible for the cost of returning the Goods to us and insuring them while in transit. The cost will vary depending on the country where the item is dispatched from as well as the value of the item.
5.2 In the unlikely event that delivered Goods turn out to be faulty, damaged or different from those you have ordered, Diamond Rocks will offer to replace or repair the Goods, or if you prefer, refund the item in full.
5.3 Returns of faulty orders which you return to us within six months of delivery will be confirmed only where you have returned the item with its certificate where applicable. The following costs will be for your account in relation to returned items:
a) Non-return of the certificate will be charged at £400 plus VAT for a replacement certificate;
b) If the item has, in our reasonable opinion, been worn and shows signs of general wear and tear we will be entitled to reduce your refund by a value that represents the loss of value caused to the item by that wear and tear;
c) If the item has, in our reasonable opinion, been damaged by you in a way that is not the result of reasonable wear and tear, then we may decline to offer you a refund and will notify you of the cost of repairing the item.
d) If you wish to return a faulty item after six months has passed after delivery, the item must be provided unworn and free from wear and tear. In the event that such an item is not provided in its original condition we reserve the right to refuse a refund and, instead, to quote you for the price of repairing the item.
5.4 All returns are subject to anti-fraud verification and authentication by Diamond Rocks. Purchased items with any element of personalisation, engraving, bespoke items, designs by or for the client are non-refundable. For Health and Safety reasons, earrings will not be considered for return. For security reasons we recommend that you do not use the name Diamond Rocks anywhere on the packaging of your returned item because it includes the term “diamonds”. To arrange a return we would require you to contact Diamond Rocks who will provide you with further instructions. Note: Diamond Rocks will not be responsible for loss or damage of 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.
5.5 Diamond Rocks merchandise has a lifetime warranty guaranteed against defects in manufacturing and workmanship. This warranty does not apply to items subjected to excessive wear, abuse or physical damage whether accidental or otherwise. Upon acceptance of delivery, insurance and protection of merchandise becomes the sole responsibility of the customer and Diamond Rocks shall not be held liable for any loss, theft or resulting damages that may subsequently occur.
5.6 If the purchased jewellery has been in any way tampered with or altered by the customer, another jeweller or any other third party, the lifetime warranty and the return policy will cease to apply, and the item becomes non-refundable and non-returnable.
Your Responsibility for Returning and Insuring Goods
Diamond Rocks will not be responsible for loss or damage of returned Goods during transit. 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 Goods, so we advise that you retain all proof of posting documentation and fully insure the Goods during transit.
5.7 All Ring and Jewellery sizes and measurements are approximate but we endeavour to ensure that the sizes and measurements are accurate. If you do not know the ring size, please leave the ring size as M and email us when ordering and we will make the ring a standard ring size (between L-N). Once you have received the ring and are able to determine the correct size, you can send it back to us for a free resize.
5.8 All rings, except bespoke, are subject to a FREE RESIZE WITH NO TIME LIMIT - some of our rings can be resized and some will need to be remade.
5.9 The terms of resize are as follows:
a) A resize of 2 sizes smaller or larger than original size is possible at a fee of £50 for plain band engagement rings. If the resize is greater than 2 sizes, appropriate charges will apply. The fee will be confirmed following consultation with us.
b) For engagement rings that are set with diamond side stones (including bespoke rings), these will need to be assessed to ensure a resize is possible or whether it must be remade and therefore appropriate charges will apply. This will be confirmed us.
a) Full Eternity - Due to the nature of the setting these rings are unable to be resized and must be exchanged within 30 days of purchase otherwise no amendments can be made. Please contact us to discuss alternative options for your ring.
b) Half Eternity - Due to the nature of the setting, all rings will need to be assessed primarily as to whether a resize can take place or whether a ring needs to be remade. The fee will be confirmed following a ring assessment..
a) Plain wedding rings can be resized for a fee that will be provided upon assessment (this excludes any ring with a special finish and engraving).
b) Diamond set wedding bands must be assessed prior to resize to ensure it is feasible due to the nature of the setting.
a) Due to the nature of the individual designs, please contact us to confirm whether a resize is possible.
a) Customers are allowed a free resize after they have collected/ their ring has been dispatched, within the specified range indicated by the designer. If the resize range is outside the permitted range, the ring may need to be remade entirely at a cost, and such cost will need to be paid by the customer.
5.10 Goods will remain property of Diamond Rocks until they have been fully paid. In case you receive Goods you have not paid for and you are requested by Diamond Rocks to return the same, you have to do so immediately without delay. Diamond Rocks will incur the costs of delivery.
5.11 We warrant to you that all Goods purchased from us through our website will, on delivery and for a lifetime (25 years), conform to their description, be of satisfactory quality, and be reasonably fit for purpose for which products of that kind are commonly supplied. This limited lifetime warranty guarantees against defects in manufacturing and workmanship. This warranty does not apply to Goods subjected to excessive wear, abuse or physical damage whether accidental or otherwise, including, but not limited to, any damage you make to the tips and corners of square diamonds and those with pointed edges and instances where your diamond has fallen from its mount where there is no manufacturing fault with the mount. Upon acceptance of delivery, insurance and protection of merchandise becomes the sole responsibility of the customer and Diamond Rocks shall not be held liable for any loss, theft or resulting damages that may subsequently occur.
6. OUR LIABILITY
6.1 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 this Agreement (in contract, tort or otherwise) shall not be greater than the total value of the Goods to which those claims relate.
6.2 Nothing in these Terms and Conditions excludes or limits liability for:
a) Death or personal injury caused by our negligence;
b) Fraud or fraudulent misrepresentation;
c) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6.3 Diamond Rocks 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. Diamond Rocks will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Diamond Rocks accepts 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.
6.4 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.
7. IMPORT DUTY
7.1 If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.2 Please also note that you must comply with all applicable laws and regulations of the country from which the Goods you order are destined. We will not be liable for any breach by you of any such laws.
8. EVENTS OUTSIDE OF OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside of our reasonable control (a 'Force Majeure Event').
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations or restrictions of any government;
g) Pandemic or epidemic.
8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9. INTELLECTUAL PROPERTY
9.1 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.
9.2 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.
9.3 In particular, you acknowledge that 'Diamond Rocks' (the 'Trademark') is a registered trademark of SK Partnership and that the Trademark, nor any derivative or variation of it, may not 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 the Trademark in any way that is likely to cause confusion to customers or potential customers of Diamond Rocks, or in any way that discredits or may cause harm to the reputation of Diamond Rocks.
9.4 Nothing on this website should be construed as granting any licence or right to use any intellectual property rights inherent in it without the express written permission of Diamond Rocks.
9.5 Where you purchase bespoke or customised Goods from us, you acknowledge that all intellectual property rights inherent in such Goods remains the property of Diamond Rocks. Unless we specifically state otherwise, we grant you no rights to copy or make derivatives of such Goods and you agree that you shall refrain from doing so.
10. VIRUSES, HACKING AND OTHER OFFENCES
10.1 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.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to sue our website will cease immediately.
10.3 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.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The Contract is binding on you and us and on our respective successors and assignees.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.
11.3 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.
12.1 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.
12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3 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.
13. SEVER ABILITY
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.
14. ENTIRE AGREEMENT
14.1 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.
14.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
14.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.
14.4 Nothing in this clause limits or excludes any liability for fraud.
15. LAW AND JURISDICTION
Contracts for the purchase of Goods 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.
16. THIRD PARTY RIGHTS
A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.