9. RETURN TERMS
14. PERSONAL DATA
18. APPLICABLE LAW
Terms & Conditions
The website www.bringdiamonds.com (hereinafter called the "Website") is an electronic commerce site located on the Internet that may be accessed by any user of the internet. The Website is owned by MBHL Limited (the “Company”), a company incorporated in Scotland with Company Number SC619204 and having its registered office at 7 Hopetoun Crescent, Edinburgh EH7 4AY, Scotland.
Through the Website, the Company offers to its members (herein called "Members") the possibility to purchase diamonds (herein called " Products "). In these Terms and Conditions, Users and the Company will be collectively be referred to as " Parties " and individually as " Party " and any User who has validated an order will be called the " Buyer ". The rights and obligations of the User apply, with any necessary and logical amendments, to the Buyer.
For any further information the contact person is Finlay Lockie :
The objective of these terms and conditions (“Terms & Conditions”) is to define the rights and obligations of the Parties arising out of the sale of Products presented on the Website and matters ancillary thereto.
The price is shown in GBP (Pounds Sterling). This price will be subject to VAT in the UK (and in the EU if applicable). Shipping cost are excluded and will be shown separately on the invoice (see clause 6).
Only payments made in Pounds Sterling are accepted. However, in exceptional circumstances, we may agree to accept payment in another currency. Neither the Company nor the Website can be held responsible for mistakes or inaccuracy that might occur between the estimated total amount of your order and the invoiced amount.
The payment is due upon receipt by you of an email invoice for the order. If the invoice has not been paid in full within 7 calendar days of being issued to you your order will be deemed to be cancelled. Payment can be made by bank transfer to our bank account.
The Product ordered will only be shipped after receipt of full payment. It is therefore advisable to make payment as fast as possible.
The Company will issue an invoice upon receipt of an competed order. To enable the order to be processed, the Buyer will be requested to provide:
(a) a full postal address for shipping (not being a PO Box address)
(b) a valid VAT number if the Buyer is a business established in the UK or the European Union
(c) contact details (email and telephone number) at which the Buyer can be readily contacted.
Please refer also to clause 7 below.
Alternatively, Buyers may purchase our Products by following the link to the Product on the Etsy website. www.etsy.com
Unless otherwise mentioned, all prices mentioned on the Site exclude VAT (Value Added Tax).
SHIPMENT WITHIN THE UNITED KINGDOM
Individuals and companies: VAT will be charged at the prevailing rate at the time of the order being placed. This will be shown on the invoice, which will be a VAT invoice against which VAT registered business Buyers may reclaim that VAT.
SHIPMENT TO A MEMBER STATE OF THE EUROPEAN UNION:
NB: this is subject to the terms of the trade agreement made between the United Kingdom and the European Union and should be checked for all orders placed for delivery after 31st December 2020.
Individuals: VAT at the rate prevailing in the UK at the time of placement of the order will be charged on top of the advertised price.
Companies: the sale will be VAT zero rated (provided we are given a valid intra-community VAT number). If no valid intra-community VAT number is provided, VAT will be charged on the invoice value at the prevailing rate in the UK on the date that the order is placed.
SHIPMENT TO OTHER COUNTRIES:
Individuals and Companies: the sale will be zero rated for VAT.
ALL NON UK COUNTRIES:
The Buyer will be bound to declare the import of the Product in order to conform to the laws and regulations applicable in the country where they reside or where the delivery is made (as the case may be). The Buyer shall have sole responsibility for paying any VAT, import duty or other tax or impost which may arise out of the purchase of the Product and/or importation of the Product into the delivery country and/or the country where they reside.
We can currently ship only to addresses in the following jurisdictions:
United Kingdom, Europe, Scandinavia, Switzerland, USA and Canada.
Australia, Argentina, Bahamas, Bahrain, Barbados, Bermuda, Brunei, Cayman Islands, Chile, China, Costa Rica, Egypt, Hong Kong, India, Indonesia, Japan, Jordan, Korea (South), Malaysia, Mexico, New Zealand, Oman, Philippines, Puerto Rica, Quatar, Saudi Arabia, Singapore, South Africa, Sri Lanka, Taiwan, Thailand, Turkey, Trinidad and Tobago, UAE.
We do not currently ship to Russia.
Accordingly, Buyers from other countries must specify a delivery address in one of the above places to enable an order to be accepted.
Shipments are executed by Malca-Amit (UK) Ltd an international organisation specialised in the transportation and handling of valuables.
Shipments with Malca-Amit (UK) Ltd remain the responsibility of the Company until the moment the Buyer takes the Product into his custody.
In order to ensure its perfect and secured state during the shipment, all Products are carefully placed into a special box and protected by sealed packages.
Shipping costs are £35 for all UK orders and £65 for everywhere else. Delivery normally takes place between 10 and 21 days after payment received.
The User may browse freely through the different Products offered for sale on the Website without any order engagement whatsoever.
If the User wants to place an order he or she should do so through the Website or make a note of the Product Reference number and contact us via phone or email.
The order is confirmed upon the Company sending the Buyer the invoice. At that point:
(a) the order becomes valid and binding on both Parties, and
(c) the Buyer becomes bound to make payment in full for the order.
NB: If the payment for the invoice is not received within 7 calendar days of the order being confirmed the order will automatically become null and void, unless otherwise agreed. In that circumstance the Company will be free to re-offer the Product for sale.
For purchases effected through Etsy, Etsy's terms and conditions will govern conclusion of the contract.
Subject to clause 9, any Buyer residing in the United Kingdom may notify the Company in writing (including email) that he cancels his purchase within 14 working days following the day after which he took physical possession of the Product(s) ordered. The Buyer must return the package with a copy of the invoice relating to it. Once the Company has received the returned package the Company will (subject to the buyer complying with the relevant requirements of clause 9 below) reimburse the Buyer (using the same means of payment as was used to pay for the order), within 14 working days of return of the Product(s), the amount paid for the Product(s) (not including shipping costs).
This right of return is applicable to any Buyer who is protected by similar legal protection in his country of residence.
Returns made pursuant to clause 8 will only be accepted and reimbursed or exchanged if our specialists confirm that the gemstone conforms with the Product that has originally been shipped, without any damage, modification or intervention of any kind.
The Product must be shipped back in its original packaging, complete, in perfect state of order accompanied by a copy of the original purchase invoice. Any Product shipped back incomplete, damaged or soiled will not be accepted as a valid return.
If a Buyer exercises the right of revocation set out in clause 8, the costs for shipping back, as well as the costs resulting from depreciation of the Product due to handling of the Product (other than those required to establish its nature, its characteristics and its conformity) are the Buyer’s responsibility. In order to establish the nature, characteristics and conformity of a Product, the Buyer must only handle and inspect the Product in the same way as would be allowed in a store. During the period allowed to the Buyer for return of the Product under clause 8, the Buyer must exercise all necessary precautions when handling and inspecting the Product. The address for shipping back is:
Drummohr House, Musselburgh, East Lothian, EH21 8JS, Scotland, UK.
The Product must not have been used by the Buyer before being returned.
The Company will make all and any reasonable efforts to deliver the diamonds quickly and safely. Unless the Parties have otherwise agreed, the delivery will occur at the latest within the 30 days following the placement of the order.
The products are delivered to the address indicated by the Buyer during the ordering process. The transporter will only hand the products over to the Buyer against an official document proving his identity and the signature for reception of a shipping note. [If the payment has been made by using a credit card, the Buyer, for his own security, will be asked to show his credit card and/or identity card or a photocopy. Moreover, in this eventuality, the delivery will only be made if and when the delivery address is identical to the address of the Buyer.]
It is imperative for the Buyer to verify the package and the Product at the time of the delivery. If at the time of the delivery the Buyer notices any visible damage he has to notify the transporter by making a written note on the shipping note before signing for reception. In any such case of visible damage, the Buyer must notify the Company by email within 15 calendar days (including holidays) of the date of the delivery (on the evidence of the stamp of the post office) specifying the damage. After this delay no claim will be entertained.
If by special extraordinary circumstances, the Buyer does not receive his shipment within the month following his order, the Buyer is requested to inform the Company via email.
The transfer of title to the Product to the Buyer will only be completed after full payment, whatever the delivery date of the Product. Risk of loss of or damage to the Product takes place at the moment the Product is delivered to and received and accepted by the Buyer. The date shown on the shipping note is primary evidence of the date and time of delivery.
The Site guarantees that the delivered Product conforms to its accompanying diamond certificate.
Every Product is carefully inspected prior to transportation. The Buyer is requested to perform a similar inspection at the time of delivery. Claims must be made as described in clause 9.
The Company endeavours to present the Products with the greatest accuracy. However, it is impossible to exactly reproduce the real colour of a diamond on screen. Moreover the colour depends on the hardware used by the Customer. Therefore, the Company cannot accept responsibility for the exactness of the colour of a Product. Therefore, the Photographs of the Products on the Website are given indicatively and are not contractual. The Company will not accept claims based on variance of the colour of the Product between the photograph or representation of the product on the Website and the Product’s actual colour as perceived by the Buyer. So far as description of the Product’s characteristics, the certificate (if supplied) shall be definitive. Where no certificate is provided, the Company will describe the Product as accurately and fairly as it reasonably can, but will not accept claims based on a variance between the product as so described and the Buyer’s perception of the Product on receipt thereof.
The Company can not be held responsible for delays in the fulfilment of an order nor for failure to execute an order, if the delay or non-execution is a consequence of a technical reason or any other reasons beyond the Company’s control. In these circumstances, the Company shall be permitted a reasonable additional time to execute the order, or if in Company's opinion the failure cannot be reasonably rectified, to cancel the order and refund the Buyer in full.
No claim will be accepted nor any undertaking given beyond those contained in clauses 10, 11 and 12.
All diamonds offered for sale on the Website are grown in a laboratory using the CVD process. As such, the Company guarantees that all of its Products are free from conflict and exploitation.
The Kimberley process does not apply to laboratory grown diamonds.
The Company will hold your personal information in accordance with applicable UK law. The Company is registered with the UK’s Information Commissioner’s Office under registration number 00014934120. This applies to the collection and treatment of data collected through, and retained in, the Website as well as those recorded in the Company’s files.
In accordance with applicable law, any User has the right to request that the Company delete, amend or correct information held by the Company relating to that User.
The Website and all of its elements are protected by the applicable laws governing intellectual property. They are the exclusive property of the Company. The use of the Website is reserved for personal use. Any public reproduction or communication of texts, pictures or any material belonging to the Website is strictly forbidden without prior written authorisation from the Company. Any hypertext link directly connecting to this Site may only be established with written consent from the Company, which consent may be refused.
The computerised files recorded in the information system belonging to the Site in reasonably secured conditions constitute primary evidence of any communication, orders and payments occurring between the Parties.
The filing of the purchase orders and the invoices is made on a reliable and durable support that can be used as evidence.
These Terms & Conditions apply to any offers, sales, purchases, dealings and related processes whatsoever occurring between the Parties.
By entering the Website and using any service offered on the Website, the User implicitly and irrevocably accepts having received, read and understood these Terms & Conditions without restriction or qualification. These Terms & Conditions may only be varied in writing authorised and executed on behalf of all Parties.
These Terms & Conditions may be varied from time to time by the Company. When so varied, the amended terms & Conditions will apply from the date that the variation appears on the Website. The User accepts each and any of these variations by visiting or using the Website.
The Company requests the User to take notice of and to accept these Terms & Conditions. If the User does not comply with this obligation he will not be allowed to confirm an order.
Each User, by placing an order declares that the User has the legal capacity and authority to do so.
These Terms and Conditions and all transactions, dealings, communications whatsoever and howsoever arising made between the Parties shall be governed by and construed in accordance with the law of Scotland. The Parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts.