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TERMS & CONDITIONS
BACKGROUND
This agreement applies as between you, the User of this Web Site and Oliver Diamonds Limited trading as Oliver Diamonds, the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using this Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account means collectively the personal information, payment information and credentials used by Users to access content and / or any communications system on the website;
Carrier means any third party responsible for transporting purchased goods from our premises to customers;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
Goods means any products that Oliver Diamonds Limited trading as Oliver Diamonds advertises and / or makes available for sale through this Web Site;
Oliver Diamonds means Oliver Diamonds Limited trading as Oliver Diamonds, registered office KNB House, 7 Rodney Street, Liverpool L1 9HZ;
Service means collectively any online facilities, tools, services or information that Oliver Diamonds makes available through this Web Site either now or in the future;
Payment Information means any details required for the purchase of goods from this Web Site. This includes, but is not limited to, credit / debit card details, bank account numbers and sort codes;
Purchase Information means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Premises means Oliver Diamonds place of business located at PO Box 5326, London N3 3UY;
System means any online communications infrastructure that Oliver Diamonds makes available through this Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chart facilities and email links;
User/Users means any third party that accesses this Web Site and is not employed by Oliver Diamonds;
Web Site means the website that you are currently using, oliverdiamonds.com. and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only under the supervision of an Adult. Payment information must be provided by or with the permission of an Adult.
3. International Customers
If Goods are ordered from outside Oliver Diamonds™ country of residence, import duties and taxes may be incurred once your Goods reach their destination. Oliver Diamonds is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that Goods may be inspec5ted on arrival at port for customs purposes and Oliver Diamonds cannot guarantee that the packaging of your Goods will be free of tampering.
4. Intellectual Property
Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Oliver Diamonds, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Oliver Diamonds.
5. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights, including but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Oliver Diamonds or that of our affiliates. We assume no responsibility for content of such web sites and disclaim liability for any and al forms of loss or damage arising out of use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7. Use of Communication Facilities
7.1 When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or
racist;
7.1.3 You must not submit Content that is intended to promote or
incite violence;
7.1.4 It is advised that submissions are made using the English
language as we may be unable to respond to enquiries
submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate
these terms of use or any applicable laws;
7.1.6 You must not impersonate other people, particularly
employees and representatives of Oliver Diamonds or our
affiliates; and
7.1.7 You must not use our System for unauthorised mass-
communication such as spam or junk mail.
7.2 You acknowledge that Oliver Diamonds reserves the right to monitor
any and all communications made to or using our System.
8. Accounts
8.1 In order to purchase Goods on this Web Site and to use the facilities
you are required to create an Account which will contain certain
personal details and Payment information which may vary based
upon your use of the Web Site as we may not require payment
information until you wish to make a purchase. By continuing to use
this Web Site you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where
permission may be required; and
8.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation
and warranty.
8.2 It is recommended that you do not share your Account details,
particularly your username and password. Oliver Diamonds accepts
no liability for any losses or damages incurred as a result of your
Account details bring shared by you. If you use a shared computer, it
Is recommended that you do not save your Account details in your
Internet browser.
8.3 If you have reason to believe that your Account details have been
obtained by another without consent, you should contact Oliver
Diamonds immediately top suspend your Account and cancel any
unauthorised purchases. Please be aware that purchases can only
be cancelled until they are dispatched. In the event that an
unauthorised purchase is dispatched prior to your notifying us of the
unauthorised nature of the purchase, Oliver Diamonds accepts no
liability or responsibility and you should make contact with the Carrier
detailed in the Purchase Information.
8.4 When choosing your username you are required to adhere to the
terms set out above in Clause 7. Any failure to do so could result in
the suspension or closure of your Account.
9. Termination and Cancellation
9.1 Either Oliver diamonds or you may terminate your Account. If Oliver
Diamonds terminates your Account, you will be notified by email and
an explanation for the termination will be provided. Not withstanding
the foregoing, we reserve the right to terminate without giving
reasons.
9.2 If Oliver Diamonds terminates your Account, any current or pending
purchases, at Oliver Diamonds discretion, will be cancelled and will
not be dispatched.
9.3 Oliver Diamonds reserves the right to cancel purchases without
stating the reasons, for any reason prior to processing payment
and dispatch.
9.4 If purchases are cancelled for any reason prior to dispatch you will
be refunded any monies paid in relation to those purchases.
9.5 If you terminate your Account any non-dispatched purchases will be
cancelled and you will be refunded any monies paid in relation to
those purchases.
10. Goods, Pricing and Availability
10.1 Whilst every effort has been made to ensure that all graphical
representations of Goods available from Oliver Diamonds
correspond to the actual Goods, Oliver Diamonds is not responsible
for any variations from these descriptions. This does not exclude any
mistakes due to negligence on our part and refers only to variations
of the correct Goods, not different Goods altogether. Please refer to
Clause 12.1 for incorrect Goods.
10.2 Where appropriate, you may be required to select the required size,
model, number and colour of the Goods that you are purchasing.
10.3 Oliver Diamonds does not represent or warrant that such goods will
be available. Stock indications are not provided on the Web Site.
10.4 All pricing information on the Web Site is correct at the time of going
online. Oliver Diamonds reserves the right to change prices and alter
or remove any special offers from time to time and as necessary.
10.5 In the event that prices are changed during the period between an
Order being placed for goods and Oliver Diamonds processing that
Order and taking payment, you will be contacted prior to your order
Being processed with details of the new price.
10.6 All prices on the Web Site do include VAT. Oliver Diamonds VAT
registration number is 899 7201 65.
11. Delivery
11.1 Oliver Diamonds will notify you by way of email when your Goods
are to be dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in
the delivery of the Goods purchased by you.
11.2 If Oliver Diamonds receives no communication from you within
seven days of delivery, regarding any problems with the Goods,
you are deemed to have received the Goods in full working order
and with no problems.
12. Returns Policy
12.1 Use of the Web Site is also governed by our Returns Policy which
is incorporated into these terms and conditions by this reference. To
view the Returns Policy, please click on the link above.
12.2 All sizes or measurements of Goods from Oliver Diamonds are
approximate but Oliver Diamonds tries to ensure that they are as
accurate as possible.
13. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
14. Disclaimers
14.1 Oliver Diamonds makes no warranty or representation that the Web
Site will meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not infringe the
rights of third parties, that it will be compatible with all systems, that
that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the
use of our services.
14.2 No part of this Web Site is intended to constitute advice and the
Content of this Web Site should not be relied upon when making any
decisions or taking action of any kind.
14.3 No part of this Web Site is intended to constitute a contractual offer
capable of acceptance.
15. Changes to the Service and these Terms and Conditions
Oliver Diamonds reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Oliver Diamonds is required to make any changes to terms and Conditions relating to Sake of Goods by law, these changes will automatically apply to any orders currently pending in addition to any orders placed by you in future.
16. Availability of the Web Site
The Service is provided as is and on an as is available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Oliver Diamonds accepts no liability for any disruption or non-availability of the Web Site resulting from external causes, including but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, Oliver Diamonds accepts
no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Web Site or any
information contained therein. Users should be aware that they use
the Web Site and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts Oliver
Diamonds liability for any death or personal injury resulting from
any negligence or fraud on the part of Oliver Diamonds.
17.3 Whilst every effort has been made to ensure that these Terms and
Conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977, in the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term
is to be deemed severed from these Terms and Conditions and shall
not affect the validity and enforceability of the remaining Terms and
Conditions. This term shall only apply within jurisdictions where a
particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions hereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to admin@oliverdiamonds.com
21. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Oliver Diamonds shall be governed by and construed in accordance with the Law of England and Wales and Oliver Diamonds and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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