Website Terms of Supply
This page, together with the documents expressly referred to in it, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 23 May 2014.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
- We operate the websites staging.vashi.com, www.vashi.ie, www.vashi.fr, www.vashi.de, staging.vashi.com.au, www.vashi.jp, www.vashi.nl and www.vashi.se. We are Diamond Manufacturers Ltd trading as Vashi.com, a company registered in England and Wales under company number 06388524 and with our registered office at 90 Long Acre, Covent Garden, London, WC2 9RZ. Our main trading address is 90 Long Acre, Covent Garden, London, WC2 9RZ. Our VAT number is GB933563025.
- To contact us, please see our Contact Us page.
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from the images.
- Although we have made every effort to be as accurate as possible, because of the nature of our Products, whilst all sizes, weights, clarity, dimensions and measurements indicated on our site are correct, the Products may be smaller or larger than the images shown.
- Solitaire Engagement Ring, Pendant and Earrings images may differ slightly from the final product due to the availability of components to handcraft the finished product.
- The packaging of the Products may vary from that shown on images on our site.
- All Products shown on our site are subject to availability. We will inform you personally by email as soon as possible if the Product you have ordered is not available and we will not process your order if made in accordance with clause 7.5 of these terms.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office (or equivalent organisation if you are purchasing from abroad). Nothing in these Terms will affect these legal rights.
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
- We will confirm our acceptance to you by sending you an email to the email address you provided confirming receipt of cleared funds or payment authorisation from your card provider of the full amount payable (Payment Receipt). We may from time to time require payment over the phone and we will notify you on the website if this is the case. The email will also confirm that the Products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
- If we do not receive payment in full from you, or we discover that we have received an unauthorised payment from you, we reserve the right to cancel the contract and return any funds received to the original payment source within 30 days. We may accept payment for the Products from an alternative payment source under a separate contract with you. We shall have no liability to you for any losses suffered under this clause 7.4.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- We will try to help you find another item and if only Products to a higher specification are available we may upgrade your Product at our absolute discretion at no extra cost. We will contact you to inform you of alternatives before we produce your item to ensure that you are completely satisfied with the specification of the product chosen.
OUR RIGHT TO VARY THESE TERMS
- We may revise these Terms from time to time in the following circumstances:
- Changes in how we accept payment from you
- Changes in relevant laws and regulatory requirements
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and adding the relevant date at the top of this page.
- We may revise these Terms from time to time in the following circumstances:
YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office (or equivalent organisation if you are purchasing from abroad).
- However, this cancellation right does not apply in the case of:
- Any custom-made Products or products made to your specification or clearly personalised (please see clause 10)
- Any Products which have a security seal or tag that has been removed or tampered with
- Please note there is a minimum returns policy (14 days) in place for any reduced Products (Products displaying 'Was' and 'Now' prices) on the website, subject to the Distance Selling Act
- You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products.
- To cancel a Contract, please contact us in writing, or via email to email@example.com, or via our Customer Services telephone line, or via Freephone 1800 989 700 if calling from within the United Kingdom or +44 (0) 203 176 5280 from abroad. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice in writing, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- You will receive a full refund of the price you paid for the Products and if you are returning the Products from within the United Kingdom any applicable delivery charges you paid for. If you are returning the Products from outside of the United Kingdom, and you use our preferred courier and process as detailed in the following section (Returns and Refunds) return postage will be free of charge. Should you choose to send your Products back by another method you will be responsible for the delivery charges. Please also see clause 11. We will process the refund due to you as soon as possible and in any case within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4 provided that the Products are returned to us in the condition that they were returned.
- If you have returned the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We refund you via the payment method used by you to pay.
- If the Products were delivered to you:
- You must return the Products to us as soon as reasonably practicable
- You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office (or equivalent organisation if you are purchasing from abroad).
Rings can be resized a maximum of two times and can only go be resized within 3 sizes each way.
- After a ring has been resized, it is ineligible for a refund or exchange.
- Whilst we offer free resizing, it may be possible in rare occasions that a particular setting cannot be resized to a specific size. In this instance, free resizing won’t occur.
All orders inside of the UK are delivered by Royal Mail. Average delivery times in the UK are within 3 days but please note that Royal Mail only guarantee a 28 day delivery timeframe. We are not responsible for Royal Mail delivery times.
- Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- Delivery will be completed when we deliver the Products to the address for delivery you gave us. If you are paying by card, the address for delivery must be connected to your method for payment.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
All orders outside of the UK are delivered by Fed Ex. Orders outside of the EEC will be subject to custom procedures and clearance, which the customer is responsible for arranging. In the event that these are not arranged, paid for or resolved, the package will be returned to us.
We deliver to the countries set out in our Delivery Information page, (International Delivery Destinations). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
- If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties, administration charges and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties, administration charges and taxes. Please contact your local customs office for further information before placing your order.
- Prices will be subject to the prevailing rate of exchange at the time the contract between us is formed. You will be responsible for any international transactions charges and the price of the Products may appear different on your statement to that quoted on our site due to exchange fluctuations. Delays in providing payment in full by you may result in a change in the price. If the price has increased, you will be required to pay the full amount before we issue a Dispatch Confirmation.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the Products will be displayed in your selected currency as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see clause 13.5 for what happens in this event.
- Prices for our Products may change from time to time due to fluctuations in raw material costs, but such changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
- Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
- You can only pay for Products using a debit card or credit card or an alternative payment method. We accept the following cards: VISA, VISA Debit, VISA Electron, Master Card, American Express, Solo, Maestro, PayPal Express and Bank Transfer.
- For orders placed through PayPal, it can take up to 24 hours for the funds to clear into our account which can result in delayed dispatch. Whilst we endeavour to deliver next working day as per the website, we cannot dispatch Products until the payment has cleared.
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office (or equivalent organisation if you are purchasing from abroad).
OUR WARRANTY FOR THE PRODUCTS
- For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.
- The warranty in clause 16.1 does not apply to any defect in the Products arising from:
- Fair wear and tear
- Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party
- If you fail to operate or use the Products in accordance with the user instructions
- Any alteration or repair by you or by a third party who is not one of our authorised repairers
- Any specification provided by you
- If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office (or equivalent organisation if purchasing from abroad).
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.
- Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
- Defective products under the Consumer Protection Act 1987
- Subject to clause 17.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- Any loss of profits, sales, business, or revenue
- Loss or corruption of data, information or software
- Loss of business opportunity
- Loss of anticipated savings
- Loss of goodwill
- Any indirect or consequential loss
- Subject to clause 17.1 and clause 17.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- Nothing in these Terms limits or excludes our liability for:
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
- Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples)
- 1Defective products under the Consumer Protection Act 1987
EVENTS OUTSIDE 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you
- Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over
COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include email.
- If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an email to firstname.lastname@example.org please contact our Customer Services telephone line on Freephone 1800 989 700 if calling from within the United Kingdom or +44 (0) 203 176 5280 if calling from abroad. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date you sent us the email. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- If you wish to contact us in writing for any other reason, you can send this to us by email at email@example.com. You can always contact us by telephone using our Customer Services telephone line as detailed above.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, email, or posted on our website.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by email, one Business Day after transmission; or, if posted on our website, immediately.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
- Due to the nature and value of the Products and the discounted prices that we offer, we do not allow comparison shopping. You may not purchase several similar Products to retain only one or two Products and return the remainder.
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 16 to the recipient of the gift without needing to ask our consent.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. As a consumer, you may also bring proceedings from your International Delivery Destination.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
- We will not file a copy of the Contract between us.