We may change anything on our website at any time, at our discretion.
We have no responsibility for the content of any websites other than our own, even if our site links to other websites.
We retain all rights to our website design and all images on it. We have copyright and other rights to the design, look, style, appearance and content of it. You may view and print the website only as a buyer or potential buyer from us. You may not modify, publish, reproduce, distribute or broadcast in any format any material found within this site.
We may restrict or suspend use of the website (typically for repairs, introduction of services or general maintenance). Where possible we will post warnings on the site first. We will try to do this no more than we have to, and keep the time of disruption as short as possible.
Your account
You may open an account with us. You will need to log on to our website with your own account login name and password to have access to the information stored in your account. You must keep your account name and password confidential. You must keep that information safe to prevent unauthorised users from having access to your account.
You must tell us immediately if you believe that your account is being used without your authority, or if you believe the security of your account information is compromised.
You are responsible for all activity on your account, including, as examples only, purchases, returns and cancellations.
Please check that all information you give us for your account is accurate and complete. Please tell us promptly if any of that changes. You are able to amend your own details when you log on to your account.
We may, at any time, and without having to give any reason, suspend, modify or close accounts.
Placing your order
When you place an order with us, you are offering to buy the goods you order. There is no commitment on us to supply those goods, at that price, or at all, until we decide to accept your order.
Goods are subject to availability. We will tell you if we cannot meet your order (or part of it) from stock or within a reasonable time.
Suppose we become aware, after you have placed an order, and before we deliver it, that the price or description is not right. We will then email you to tell you. You then have a choice. You can continue with the order (with the revised price or description). Or, if you prefer, you can cancel the order (in whole or part) and we will refund the relevant payment. We will assume you wish to cancel the relevant part of the order if we do not hear otherwise from you within three working days.
We may send an email to you to confirm that we have received your order and are processing it. That email is not a confirmation that we have accepted your order. There is no legally binding contract at that stage.
When we have received your payment and processed the order for delivery we will send an email to tell you we have accepted your order. There is then a binding contract. We remain free to decline all or part of your order at any time before we decide to accept it. We will send an email to tell you if we decide to decline your order (or part of it).
We may pass your details to third parties for address, identity and credit checks. That helps protect you and us from fraud.
Price
The prices shown at checkout are our standard trade prices. Any discount you are entitled to will be applied to your final invoice at time of dispatch.
All prices quoted are exclusive of VAT. VAT at the standard rate will be applied to your final invoice at time of dispatch. VAT is currently (September 2005) 17.5%.
The price quoted for the goods excludes delivery (unless otherwise stated).
You must pay for the goods (and delivery) when you place your order (unless we have agreed that you may have a credit account with us).
You must pay by MasterCard, Visa, Visa Delta or Switch card. We regret we are unable to accept other means of payment (unless we have agreed that you may have a credit account with us).
Basis of the Sale
The Company shall sell and the Customer shall purchase the Goods in accordance with any written or
verbal order of the Customer, subject to these Conditions, which shall govern the contract to the exclusion
of any other terms and conditions subject to which any such order is accepted or purported to be accepted,
or any such order is made or purported to be made, by the Buyer.
No variation in these Conditions shall be binding unless agreed in writing by a Director of the Company or
some other person authorised for that purpose by the Company.
The Company’s employees or agents are not authorised to make any representations or recommendations
concerning the Goods. In entering into the Contract the Customer acknowledges that it does not rely on,
and waives any claim in respect of any such representations or recommendations which are not confirmed
by the Company in writing.
The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order.
The quantity, quality and description of and any specification for the Goods shall be those set out in the
Company’s order form.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued by the Company shall be subject to
correction without any liability on the part of the Company.
Price of the Goods
The price of the Goods shall be the price quoted overleaf or as subsequently confirmed in writing by the
Company and shall be exclusive of any applicable tax, which the Customer shall be additionally liable to
pay to the Company.
The Customer shall pay the price of the Goods (without any deductions, set off, or counterclaim) within
30 days of the date of the Company’s invoice or as otherwise agreed between the parties in writing. The
time of payment of the invoice shall be the essence of the contract.
If the Customer fails to make any payments on the due date then, without prejudice to any other right or
remedy available to the Company, the Company shall be entitled to:
3.1 cancel the Contract or suspend any further deliveries to the Customer
3.2 charge the Purchaser (both before an after any judgement) on the amount unpaid, at the rate of 2%
per annum above Midland Bank Base rate from time to time until payment in full is made (a part of
a month being treated as a full month for the purpose of calculating interest).
3.3 appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under
any other Contract between the Customer and the Company) as the Company may think fit (not
withstanding any purported appropriation by the Customer).
Delivery and Collection
The Goods shall be delivered and/or collected in accordance with the directions on the Order Form.
Any dates quoted for delivery or collection of the Goods are approximate only and the Company shall not
be liable for any delay in delivery of the Goods howsoever caused whether due to postal delays or
otherwise. Time for delivery shall not be of the essence unless previously agreed by the Customer in
writing. The Company reserves the right to notify the Customer that the Goods are ready for collection or
delivery in advance of the quoted delivery date upon giving reasonable notice to the Customer. Where
goods are delivered by post evidence of receipt of the Goods by the post office shall be deemed sufficient
evidence of delivery.
If the Company fails to deliver the Goods or notify readiness for collection for any reason other than any
cause beyond the Company’s reasonable control or the Company’s fault, and the Company is accordingly
liable to the Customer, the Company’s liability shall be limited to the excess (if any) of the cost to the
Customer (in the cheapest available market) of similar goods to replace those not delivered over the price
of the Goods.
If the Customer fails to give the Company adequate delivery instructions at the time stated for delivery
without prejudice to any other right or remedy available to the Company, the Company may sell the Goods
at the best price readily obtainable and (after deducting all reasonable selling expenses) account to the
Customer for the excess over the price under the Contract or charge the Customer for any shortfall below
the price under the Contract.
All Goods delivered on approval or sale or return by the Company to the Customer shall remain the
property of the Company and are delivered on condition that if any of the Goods are not returned to the
Company’s place of business for whatever reason within 21 days of their delivery to the Customer the
Customer shall have deemed to purchase the goods.
Where the Customer receives items of stock from the Company during the course of a series of dealings,
the Customer agrees that where it holds identical items of stock it will use up the item of stock received
earliest in time before resorting to more recent stock.
Risk and Retention of Title
Risk of damage to or loss of the Goods and the obligation to insure the Goods shall pass to the Customer.
1.1 in the case of the Goods to be collected from the Company’s premises, at the time the Company
notifies the Customer that the Goods are available for collection
or
1.2 in the case of Goods to be delivered, at the time of delivery or, if the Customer wrongfully fails to
take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
Subject to clause 4.1 above, the Customer shall insure the Goods against loss and damage for no less than
the sum payable by the Customer to the Company for the Goods.
Where the Goods are sent by Registered Post or Recorded Delivery or otherwise the risk of any loss,
damage or destruction shall remain with the sender of the Goods until delivery.
Notwithstanding delivery and the passing of risk in the Goods or any other provisions of these conditions,
title in the Goods shall be retained by the Company and shall only pass to the Customer when the Company
has received full payment of all monies owing to the Company from the Customer on any account
whatsoever
Until such time as the title in the Goods passes to the Customer, the Customer shall hold the Goods as the
Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and
third parties and properly stored, protected and insured and identified as the Company’s property. Until
that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business,
but shall account to the Company for the proceeds of sale or otherwise of the Goods, whether tangible or
intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or
property or the Customer or third parties and, in the case of tangible proceeds, properly stored, protected
and insured.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness
any of the Goods which remain the property of the Company but if the Customer purports to do so or does
so all monies owing by the Customer to the Company shall (without prejudice to any other right or remedy
of the Company) forthwith become due and payable.
Until such time as title in the Goods passes to the Customer (and provided the Goods are still in existence
and have not been resold), the Company shall be entitled at any time to require the Customer to deliver
up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of
the Customer or any third party where the Goods are stored and to repossess the Goods.
Warranties and Liabilities
Subject to the conditions set out below the Company warrants that the Goods will correspond with the
descriptions contained in the Company’s order form at the time of delivery and will be free from defects in
material and workmanship at the date of delivery within the tolerances generally accepted in the jewellery
industry or as otherwise notified in writing to the Customer.
The above warranty is given by the Company subject to the following conditions:
2.1. the Company shall be under no liability to the Customer in respect of any defect arising from fair
wear and tear, wilful damage, negligence, misuse or alteration or repair of the Goods without the
Company’s written approval.
2.2. the Company shall be under no liability to the Customer under the above warranty (or any other
warranty condition or guarantee) if the total price of the Goods has not been paid by the due date
for payment.
2.3. any sample submitted for guidance only as the Goods supplied may vary in colour and appearance.
2.4. where any defect in the Goods is discovered by the Customer the Customer shall immediately
suspend any process or sale to which the Goods are subject and shall return the Goods to the
Company notifying the Company in writing of such defects in accordance with clause 4 below.
Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by
statute or common law are excluded to the fullest extent permitted by law.
Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their
failure to correspond with samples shall (whether or not delivery or collection is refused by the Customer)
be notified to the Company as soon as reasonably practicable and in any event within seven days from the
date of delivery or (where the defect or failure was not apparent on reasonable inspection) as soon as
reasonably practicable and in any event within seven days time after discovery of the defect or failure or
the date upon which the defect or failure should reasonably have been discovered, whichever is the earlier.
The Customer shall inspect the Goods for shortages upon delivery or collection and any shortages in the
quantity of the Goods shall be notified forthwith to the Company. If the Customer does not notify the
Company as referred to above the Customer shall not be entitled to reject the Goods and the Company
shall have no liability for such defect or failure or any shortages, and the Customer shall be bound to pay
the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality of
condition of the Goods or their failure to meet specification is notified to the Company in accordance with
these Conditions, the Company shall be entitled to replace or remedy the Goods free of charge but the
Company shall have no further liability to the Purchaser.
Except in respect of death and personal injury caused by the Company’s negligence or as provided in the
Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any
representation, or any implied warranty, condition or other term, or any duty at common law, or under the
express terms of the Contract, for any consequential loss or damage (whether for loss of profit or
otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused
by the negligence of the Company, its employees or agents or otherwise) which arise out of or in
connection with the supply of the Goods or their use or resale by the Customer, except as expressly
provided in these Conditions.
The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason
of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the
Goods, if the delay or failure was due to a force majeure or any other cause beyond the Company’s
reasonable control.
Confidentiality
The Customer shall keep confidential and shall not disclose to any third party or use for its own purposes
any information which is the property of the Company except so far as such information is already in the
public domain (otherwise than by default by the Customer), and neither shall the Customer challenge any
copyright or patent which is the property of or used by the Company.
Insolvency of Customer
This clause applies if:-
If the Customer makes any voluntary arrangement with its creditors or becomes subject to an
administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into
liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrancer takes
possession, or a receiver is appointed, of any of the property or assets of the Customer, or the Customer
ceases, or threatens to cease, to carry on business or the Company has reasonable grounds to believe that
any of the aforementioned events may occur then, without prejudice to any other right or remedy available
to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries
under the Contract without any liability to the Customer, and if the Goods have been delivered or collected
but not paid for the price shall become immediately due and payable not withstanding any previous
agreements or arrangement to the contrary.
Miscellaneous
Any notice required or permitted to be given by either party to the other under these Conditions shall be
in writing by recorded delivery or by telex or facsimile (followed by a recorded delivery letter) addressed
to that other party at its registered office or principle place of business or such other address as may at the
relevant time have been notified pursuant to the provision to the party giving the notice.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in
whole or in part the validity of the other provisions of these Conditions and the remainder of the provision
in question shall not be affected thereby.
The Contract shall be governed by the Laws of England.
Kimberley Certification Scheme
All Alfred Terry diamonds have been purchased from legitimate sources not involved in funding conflict in
compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict
free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.