This website, www.silkdiamonds.com and www.silkdiamonds.co.uk, (the “website”) is owned and operated by SILK Diamonds, a company registered in England and Wales with its registered office at 277 Hinckley Road, Leicester, LE3 0TJ.

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.

Other Applicable Terms & Policies The following additional terms also apply and form part of our Terms and Conditions: • our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and • our Cookies Policy, which sets out information about the cookies used on the Website. By using our Website, you acknowledge and consent to SILK Diamonds collecting, processing and storing your personal data in accordance with our Privacy Policy.

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.

Terms Of Sale Overview. At the discretion of management, non faulty merchandise will be accepted by SILK Diamonds for credit or exchange only (excluding p&p) providing it is returned in the same sellable condition as when purchased, within 14 days of the date of purchase and if accompanied by the original sales receipt. Commissioned items purchased through our Bespoke Design Service, earrings and pierced items cannot be exchanged unless faulty. Deposits once paid are non refundable. The merchandise remains the lawful property of SILK Diamonds until paid for in full. SILK Diamonds reserves the right to dispose of any merchandise not collected within 90 days of completion of the order and any deposits paid will be forfeited, unless otherwise agreed in writing. The terms listed do not affect the consumer’s statutory rights.

Your details, Payment and Availability 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.

You have a right to receive a copy of the information we hold about you if you apply to us in writing.

Availability and Substitutes 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.

Pricing Errors The price that you pay for goods is the price displayed on your order receipt / invoice. Whilst we make every effort to ensure that all prices are correct, although errors sometimes do occur. In the event that a pricing error has been made with your order and cannot be mutually resolved / agreed between SILK Diamonds and you the client, then you have the right to cancel your order and you will receive a full refund for any monies paid. 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.

Title to any goods you purchase from us shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods

All prices stated include VAT (where applicable) at the applicable current rates.

At any time prior to dispatch / delivery, SILK Diamonds 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 28 days of receipt of such monies, to your nominated account.

You agree to indemnify SILK Diamonds 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).

Delivery Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales specified before or during your order 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. SILK Diamonds 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, driving licence, etc.

Risk of loss and damage of products passes to you on the date when the products are delivered.

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) Royal Mail signed for service, FedEx, DPD or UPS secure delivery for the United Kingdom and any other countries worldwide; c) In special circumstances, the delivery agent may be a different agent, nominated by SILK Diamonds.

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 request delivery or collect the goods within 90 days from receiving the notification the goods are awaiting collection. Once the 90 days have elapsed, goods will be deemed rejected and we will retake possession and any deposits / monies paid will be forfeited, unless otherwise agreed in writing.

In order to safeguard against theft, you are advised to provide us with a delivery address not accessible by third parties.

Consumer Rights

Cancellation

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 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 approved and selected for your order. d) A stone or piece of jewellery that you have viewed in our showroom / website, and subsequently purchased.

Details of your statutory right of cancellation, and an explanation of how to exercise it are provided in the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.

Returns and Substitutions

If you return Goods because you have cancelled the contract pursuant to clause above we will process the credit / 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 credit / 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.

In the unlikely event that delivered Goods turn out to be faulty, damaged or different from those you have ordered, SILK Diamonds will offer to replace or repair the Goods, or if you prefer, credit / refund the item in full.

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 £300 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.

Returns of orders will be confirmed only where you have returned the item in its original condition, unworn and together with its original packaging and certificate where applicable. Non-return of the certificate will be charged at £300 for a replacement certificate and you may be charged an additional replacement cost for packaging and any other collateral material. Please note that clients based outside of the UK who are returning their items will need to bear the costs of shipment and insurance. The cost will vary depending on the country where the item is dispatched from as well as the value of the item. 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 goods.

All returns are subject to anti-fraud verification and authentication by the SILK Diamonds team. 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 SILK Diamonds anywhere on the packaging of your returned item because it includes the term “diamonds”. To arrange a return we would require you to contact your SILK Diamonds Customer Services representative who will provide you with further instructions. Note: SILK Diamonds 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. If you have any questions regarding returns please send us an e-mail to admin@silkdiamonds.com

SILK Diamonds merchandise has a two year / 24 months 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 SILK Diamonds shall not be held liable for any loss, theft or resulting damages that may subsequently occur.

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 Note: SILK Diamonds 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.

If you have any questions regarding returns please send us an e-mail to info@silkdiamonds.com

All Ring and Jewellery sizes and measurements are approximate but we endeavour to ensure that the sizes and measurements are accurate.

Goods will remain property of SILK Diamonds until they have been fully paid. In case you receive goods you have not paid for and you are requested by SILK Diamonds to return the same, you have to do so immediately without delay. SILK Diamonds will incur the costs of delivery and may charge you interest on the amount of such goods at the rate of 2% per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the day you have received the goods until the date of either actual payment for such goods or their return to us. Rings that have already been resized may not be able to be resized again due to impact on ring integrity.

We warrant to you that all goods purchased from us will, on delivery and for 2 years / 24 months, 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 2 year / 24 months guarantees against defects in manufacturing and workmanship. This warranty does not apply togGoods 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 SILK Diamonds shall not be held liable for any loss, theft or resulting damages that may subsequently occur.

Goods which are completed for collection or available for dispatch but left with SILK Diamonds for more than 90 days despite reasonable attempts made to contact the customer, will have been deemed to pass ownership to the customer and cannot be returned or refunded.

Our Liability 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.

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.

SILK Diamonds 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. SILK Diamonds will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and SILK Diamonds 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.

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.

Import Duty 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.

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.

Events outside of our control 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').

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

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.

Intellectual Property

Website 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.

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.

In particular, you acknowledge that 'SILK Diamonds' (the 'Trademark') is a registered trademark of SILK Diamonds 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 SILK Diamonds, or in any way that discredits or may cause harm to the reputation of SILK Diamonds.

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 SILK Diamonds. Goods

Where you purchase bespoke or customised Goods from us, you acknowledge that all intellectual property rights inherent in such Goods remains the property of SILK Diamonds. 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.

Newsletter and Promotions All products purchased during showroom sample sales are non refundable, non exchangeable, are unable for resize and exempt from lifetime warranty.

When a product is purchased during a promotional period, they can not be purchased in conjunction with any other offers or discounts from SILK Diamonds or 3rd parties. No 2 offers can ever be used at the same time in the same order.

Bespoke orders are not included in any promotions or sales

Newsletter Sign Up - By providing us with your email address, you agree that we are able to contact you via email. The information that you have supplied will be used by SILK Diamonds to keep you up to date with news, competitions and promotions. SILK Diamonds will not share your details with any other company without your consent. You may opt out of receiving this correspondence by unsubscribing via the emails we send or by contacting us directly at admin@silkdiamonds.com

Viruses, Hacking and other offences 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

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

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.

Transfer of rights and obligations The Contract is binding on you and us and on our respective successors and assignees.

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.

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.

Waiver

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.

A waiver by us of any default will not constitute a waiver of any subsequent default.

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.

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.

Entire agreement

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. 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.

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.

Nothing in this clause limits or excludes any liability for fraud.

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.

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.