Bespoke Diamonds

Terms

1 Conditions

1.1 These website terms of use (the “Terms of Business”) govern the use of the website www.bespokediamonds.ie (the “Website”) which is operated by or on behalf of Bespoke Diamonds Ltd.  and having its registered office at 33 Kildare Street, Dublin 2.

1.2 Please read these terms carefully before you start to use the Website (this includes accessing and browsing), or purchase any items of jewellery as they set out the rules which will apply to your use of the Website and our terms of sale for the products we supply. By using the Website and dealing with us as a customer you are indicating that you accept and agree to comply with these Terms of Business.

1.3 Bespoke Diamonds Ltd. reserves the right at any time and from time to time, to modify or amend this Agreement or the Terms and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the Website and dealing with our business as a customer constitutes an affirmative acknowledgement by you of any modification to these terms of Business and your consent to be bound by the Terms.

1.4 Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

1.5 You are responsible for making all arrangements, technical or otherwise, necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

2 TERMS OF SALE

2.1 The display of Goods on this website does not constitute an offer to sell them as described, or to sell any goods at all. Any products on the website are for illustration and marketing purposes only and do not constitute an offer to sell at the price advertised or at all. We reserve the right to decline any order or deal with any customer for any reason.

2.2 You must be 18 years of age or older to purchase goods from us.

3 ORDERS

3.1 Orders may only be directly with us in person and afterwards, by phone or email. Orders are only binding when we issue a written confirmation of the order you have placed. It shall be your responsibility to check the confirmation and notify us of any mistake by email or telephone immediately. The details stated in the confirmation of order will comprise your agreement to purchase from us at the price stated and as to the nature, quality, carat, style, colour and size of the product(s) you have ordered. Purchases form us will not be deemed Distance Sales Contracts for the purposes of the European Communities (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001, European Communities (Protection of Consumers in respect of contracts made by means of distance communication)(Amendment) Regulations 2005, the European Communities (Payment Services) Regulations, 2009 and/or the European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) (Amendment) Regulations, 2010).

3.2 Prior to issue to any confirmation being issued we may notify you of the unavailability of the particular items and suggest alternative arrangements to fulfil your order. If you accept the alternative arrangements this will then constitute an amendment to the original order between us and we will set out in a revised confirmation to you. If the alternative arrangements are not acceptable to you and you have paid, we will refund you in full as soon as possible.

3.3 We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters. If the conditions last for more than 2 months, the Agreement may be terminated by either party without compensation.

4. VAT

4.1 Unless they are expressly quoted as not including VAT, all prices are inclusive of value added tax and other government taxes or duties.

5 PAYMENT

5.1 Payment is due, to include delivery charges (if any) at the time that your confirmation of order is sent, and before the items are collected or delivered. Any delay in payment may result in a delay in delivery dates for which we will not be held accountable.

6 DELIVERY

6.1 We will use reasonable efforts to meet any delivery date, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused, including delays in meeting delivery dates caused by public holidays and/or bank holidays arising in Ireland and/or elsewhere. Where you request that goods be shipped, they will be sent by registered post or recorded mail, or by courier only and to the delivery address provided by you, as stated in the written confirmation of the order.

The purchase will be subject to delivery charges which you must pay in addition. These will be advised to you prior to your goods being sent.

7 TITLE AND RISK

7.1 Title and risk to Goods ordered passes to you when the Goods are shipped or collected and once you have made full payment. Pending full payment of the sum specified in the confirmation (plus delivery charges where applicable), the title to the goods shall remain with Bespoke Diamonds Limited and we shall be entitled to hold the goods or seek their immediate return until we receive payment in full.

8 RE-SIZING

8.1 Your confirmation of order for any rings purchased from us will confirm the ring size for your order. You may adjust the ring size prior to completing the order. Once the goods have been passed to you, requests for re-sizing will be liable to further charges.

9 CANCELLATION AND RETURNS POLICY

9.1 The confirmation of order constitutes the completed agreement between you and Bespoke Diamonds Ltd. If you wish to cancel once the order has been placed we reserve the right to charge you for any costs incurred by us at that time. Once the order has been completed and the goods delivered, we will not accept returns.

10 PRICES QUOTED

Any prices quoted on the website are indicative prices only. The full purchase price will be detailed to you in writing prior to you completing your order.

11 QUERIES AND COMPLAINTS

11.1 Notification of queries and/or complaints must be notified to us in writing within fourteen (14) days of receipt of the items in question.

12. WEBSITE CONTENT & USE

12.1 We may update the Website from time to time and may change any part of the content at any time. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

12.2 You must not:

a. use the Website in any way that breaches any applicable local, national or international law or regulation or in any way that is fraudulent, or has any unlawful or fraudulent purpose or effect;

b. allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.

c. use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.

d. breach or attempt to breach the security of this Website.

e. use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.

f. reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions these Terms of Use.

g. use the Website for the purpose of harming or attempting to harm minors in any way;

h. use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or

g. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

h. disseminate any material which is obscene, offensive, hateful or inflammatory;

i. promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age through the Website or its domain;

j. infringe any copyright, database right or trade mark of any other person;

k. breach legal duty owed to a third party, such as a contractual duty or a duty of confidence;

l. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

m. be likely to harass, upset, embarrass, alarm or annoy any other person.

n. impersonate any person, or to misrepresent your identity or affiliation with any person; or give the impression that the content emanates from us.

12.3 Use of the Website in breach of these terms Use may give rise to a claim for damages and / or be a criminal offence. We may block your IP address from any further use.

12.3 We have the right to disclose your identity to any third party who is claiming that any content posted, uploaded circulated or disseminated by you to or from the Website constitutes a violation of their intellectual property rights, or of their right to privacy, or where otherwise required by law.

12.3 The Website is intended exclusively for residents of the Republic of Ireland. We make no representations that materials in the Website are appropriate or available for use in other locations.

Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

12.4 We will not be responsible for any loss suffered as a result of your failure to install or keep up to date adequate anti-virus or measure to secure your computer from harm.

12.5 Certain content, products and services available via the Website may include materials from third parties and we may provide links to certain third party websites. We have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. We therefore do not warrant, endorse or accept any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you and you access such websites at your own risk.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 The ownership or licence of all intellectual property rights in the Website vest in the Company , together with the material published on it including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, “look and feel” and arrangements. All such rights are reserved.

13.2 You must not use any illustrations, photographs, video or audio sequences or any graphics in any context without permission in writing.

13.3 You must not use the Website or any part of it for commercial purposes without obtaining a licence to do so from us or our licensors.

13.4 The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of the Company Bespoke Diamonds Ltd. Limited or third party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.

14. YOUR INFORMATION

14.1 We may collect and use your personal data in accordance with the Data Protection Act 1988 (as amended) and our privacy policy

15 WARRANTIES

We warrant that:

15.1 at the time of sale, we will have title to sell the Goods to you; and 14.2 the Goods sold to you will conform with the specification listed in the confirmation of order.

15 REMEDY

Subject to clause 16, if we are in breach of the warranties given by us under clause 14, our liability shall be limited to:

15.1 replacement of the Goods concerned; or

15.2 at our option, reimbursement of the price.

16 NO OTHER LIABILITY

16.1 Subject to clause 17, we will have no further liability to you other than as described in clause

15, whether under these terms of sale or on any other basis including liability in tort as a result of the sale of the Goods and at all times our liability to you shall be limited to an amount not exceeding the price actually paid by you in relation to the goods giving rise to the liability.

17 NO LIABILITY FOR CONSEQUENTIAL LOSS

17.1 Subject to this clause 17, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.

18 LIABILITY NOT EXCLUDED

18.1 Nothing in this these conditions of sale shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.

19 ENTIRE AGREEMENT

These terms expressly incorporate our Privacy Statement. Together, they contain the entire understanding and agreement between the Supplier and the Customer relating to the sale of products to the Customer through this website.

20 LANGUAGE

This Agreement is drafted and concluded in the English language. If this Agreement is translated into any other language, the English language text shall prevail.

21 GOVERNING LAW

These conditions of sale shall be governed by Irish law and the exclusive jurisdiction of the courts of Ireland.