Terms and Conditions

1)              Introduction

These terms and conditions shall govern your use of our website and diamond/gem selector platform.

1.1           By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.2           If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.3           You must be at least [16] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [16] years of age.

1.4           Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2)              Credit and Returns

2.1           That payment must be received within 24 hours of receipt of the order.

2.2           Payment not received in full within 48 hours may incur a surcharge unless prior agreement is made.

2.3           The goods are full property of Just Diamonds Ltd until full payment has been received

2.4           We do not accept any returns unless we have provided diamond(s) as not described in the software description. We can not be held responsible for information which is wrongly given to us by our suppliers.

 3)              Copyright notice

3.1           Subject to the express provisions of these terms and conditions:

(a)            We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)            All the copyright and other intellectual property rights in our website and the material on our website are reserved.

4)              Licence to use website

4.1           You may:

(a)            view pages from our website in a web browser;

(b)            download pages from our website for caching in a web browser;

(c)             print pages from our website;

(d)            stream audio and video files from our website; and

(e)            use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2           Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3           You may only use our website for [your own business purposes], and you must not use our website for any other purposes.

4.4           Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5           Unless you own or control the relevant rights in the material, you must not:

(a)            republish material from our website (including republication on another website);

(b)            sell, rent or sub-license material from our website;

(c)             show any material from our website in public;

(d)            exploit material from our website for a commercial purpose; or

(e)            redistribute material from our website.

4.6           Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

4.7           We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 5)              Acceptable use

5.1           You must not:

(a)            use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)            use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)             use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)            [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e)            [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f)              [violate the directives set out in the robots.txt file for our website]; or

(g)             [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

5.2           You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3           You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6)              Registration and accounts

6.1           To be eligible for [an account] on our website under this Section 6, you must be registered with us.

6.2           You may register for an account with our website by [completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you].

6.3           You must not allow any other person to use your account to access the website.

6.4           You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5           You must not use any other person’s account to access the website [, unless you have that person’s express permission to do so].

7)              User login details

7.1           If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].

7.2           Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3           You must keep your password confidential.

7.4           You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5           You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8)              Cancellation and suspension of account

8.1           We may:

(a)            [suspend your account];

(b)            [cancel your account]; and/or

(c)             [edit your account details],

at any time in our sole discretion without notice or explanation.

8.2           You may cancel your account on our by notifying us.

9)              Limited warranties

9.1           We do not warrant or represent:

(a)            the completeness or accuracy of the information published on our website;

(b)            that the material on the website is up to date; or

(c)             that the website or any service on the website will remain available.

9.2           We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

9.3           To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

10)           Limitations and exclusions of liability

10.1        Nothing in these terms and conditions will:

(a)            limit or exclude any liability for death or personal injury resulting from negligence;

(b)            limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)             limit any liabilities in any way that is not permitted under applicable law; or

(d)            exclude any liabilities that may not be excluded under applicable law.

10.2        The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)            are subject to Section 12.1; and

(b)            govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3        To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

10.4        We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.5        We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.6        We will not be liable to you in respect of any loss or corruption of any data, database or software.

10.7        We will not be liable to you in respect of any special, indirect or consequential loss or damage.

10.8        You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; 10.9            You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.10     By pressing the order button this constitutes an official purchase order.

11)           Breaches of these terms and conditions

11.1        Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)            send you one or more formal warnings;

(b)            temporarily suspend your access to our website;

(c)             permanently prohibit you from accessing our website;

(d)            [block computers using your IP address from accessing our website];

(e)            [contact any or all of your internet service providers and request that they block your access to our website];

(f)              commence legal action against you, whether for breach of contract or otherwise; and/or

(g)             [suspend or delete your account on our website].

 

11.2        Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).

12)           Variation

12.1        We may revise these terms and conditions from time to time.

12.2        [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

12.3        If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

13)           Severability

13.1        If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2        If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14)           Third party rights

14.1        A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2        The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15)           Entire agreement

15.1        Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16)           Law and jurisdiction

16.1        These terms and conditions shall be governed by and construed in accordance with [English law].

16.2        Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

17)           Delivery of goods

17.1        All issues with a delivery should be notified to Just Diamonds Ltd with 24 hours of the signature time as noted by Royal Mail. No exclusions will apply.

17.2        If the customer fails to take or accept delivery of the Goods within 2 business days of the Just Diamonds Ltd notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Just Diamonds Ltd failure to comply with its obligations under the Contract in respect of the Goods:

17.3        The Just Diamonds Ltd shall deliver the Goods to the address set out in the contact form or such other location as the parties may agree at any time after the Just Diamonds Ltd notifies the Customer that the Goods are ready. Alternatively, the customer may collect the Goods from the Supplier’s premises at Just Diamonds Ltd, 33 Tenby Street, B1 3EE or such other location as may be agreed with the Customer before delivery (Delivery Location) within three Business Days of the Supplier notifying the Customer that the Goods are ready.

17.4        Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

17.5        Any defects, shortages, or errors which the customer wishes to bring to our attention, must be done within 24 hours of receipt of the goods.

18)           Our details

18.1        This website is owned and operated by Just Diamonds Ltd

18.2        We are registered in [England and Wales] under registration number 09742764, and our registered office is at Ground Floor 33 Tenby Street, Birmingham, United Kingdom, B1 3EE

18.3        Our VAT number is 219957955

18.4        Our principal place of business is at Ground Floor 33 Tenby Street, Birmingham, United Kingdom, B1 3EE

18.5        You can contact us:

(a)            by post, to [the postal address given above;

(b)            using our website contact form;

(c)             by telephone, on the contact number 00 44 121 236 8809, or

(d)            by email, using the email address published on our website from time to time.