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Terms and Conditions
This page contains all of the legal information regarding purchases made on the site.
1. Definitions
Unless the context requires otherwise the following definitions apply
1.1 “Buyer” means the person who buys or agrees to buy Goods from the Seller
1.2 “Conditions” means
1.2.1 the terms and conditions set out
(a) in this document &
(b) in the Order Confirmation and
1.2.2 any special terms and conditions agreed in writing by the Seller and signed by an
authorised representative of the Seller on its behalf
1.3 “Contract” means any contract between the Seller and the Buyer incorporating the
Conditions
1.4 “Data” means any information supplied by the Buyer to the Seller
1.5 “DPA” means Data Protection Act 1998
1.6 “Delivery Date” means the date or dates specified by the Seller on which any Goods
are to be delivered or made available for collection
1.7 “Goods” means any goods which the Buyer agrees to buy from the Seller
1.8 “Input Material” means any material (including information documents plans drawings
photographs and film) supplied by the Buyer to the Seller relating to the Goods
including for use by the Seller in designing them
1.9 “Intellectual Property Rights” means all patents copyrights design rights trade
marks service marks trade secrets know-how database rights and other rights in the
nature of intellectual property rights (whether registered or unregistered) and all
applications for the same anywhere in the world
1.10 “Order Confirmation” means any notice sent by the Seller to the Buyer to confirm an
order by the Buyer for any Goods
1.11 “Price” means the price for any Goods excluding carriage packing insurance and VAT
1.12 “Quotation” means any written or oral quotation provided by the Seller to the Buyer
in respect of Goods
1.13 “Seller” means Steven Stone Ltd (company number 00579757) trading as
Stevenstone.co.uk
1.14 “VAT” means Value Added Tax or any tax or duty which from time to time replaces it
1.15 “Working Day” means any day from Monday to Friday (inclusive) which is not
Christmas Day Good Friday a statutory Bank Holiday or a day which falls between 26
December in any year and 2 January in the immediately following year
2. Conditions
2.1 The Conditions shall apply to all contracts by the Seller to the Buyer to the
exclusion of all other terms and conditions including any terms or conditions which the
Buyer may purport to apply under any purchase order confirmation of order or similar
document
2.2 Any Quotation shall be deemed to be an offer by the Seller to sell Goods pursuant to
the Conditions
2.3 Once
2.3.1 an order has been placed by the Buyer for any Goods or
2.3.2 any Order Confirmation is sent or
2.3.3 dispatch or delivery of any Goods by the Seller to the Buyer has been effected
such event or events shall be deemed conclusive evidence of the Buyer’s acceptance of
the Conditions
2.4 Any variation of the Conditions shall be ineffective unless agreed in writing by the
Seller and signed by an authorised representative of the Seller on its behalf
3. Price And Payment
3.1 The Price for the Goods shall be the price or prices set out in the relative
Quotation or Order Confirmation inclusive of any VAT
3.2 The Price for any Goods is the Seller’s current list price
3.3 Payment of the Price and VAT shall be due on placing the order whether or not any of
the Goods have been delivered to the Buyer and time for payment shall be of the essence
4.1 The quantity and description of any Goods shall be as set out
4.1.1 in the relative Quotation or Order Confirmation and/or
4.1.2 in any document or documents to which reference is made in the relative Quotation
or Order Confirmation
4.2 The Seller may from time to time make changes in the specification of any Goods
4.2.1 which are required to comply with any applicable safety or statutory requirements
or
4.2.2 which do not materially affect the quality of any Goods
4.3 Any contractual description of any Goods by the Seller relates to the identity of
those Goods but only if it relates to a central characteristic of those Goods or to a
substantial ingredient in their identity
5. Warranties And Liability
5.1 All terms conditions warranties and representations (whether implied or made
expressly) whether by the Seller or its servants or agents or otherwise (other than
those express warranties set out in any document or documents to which reference is made
in any Quotation or Order Confirmation) relating to the quality or fitness for purpose
of any Goods are excluded to the fullest extent permitted by law
5.2 Any representations statements or warranties made or given by the Seller or its
servants and agents (whether orally in writing or in any of the Seller’s brochures
catalogues and advertisements) shall not be deemed
5.2.1 to form part of the Contract or
5.2.2 to have induced the Buyer to enter into the Contract
unless it is contained in any Quotation or Order Confirmation (or in any document or
documents to which reference is made in them)
5.3 Nothing in the Conditions shall
5.3.1 restrict or exclude liability for death or personal injury caused by the
negligence of the Seller or for fraud or
5.3.2 affect the statutory rights of a Buyer dealing as consumer
5.4 The Buyer shall be exclusively responsible for satisfying itself that any Goods are
fit for the purpose intended for them by the Buyer
5.5 In no circumstances shall the Seller have any liability whatsoever for any advice
provided to the Buyer unless it is in writing on the Seller’s headed paper and signed by
an authorised representative of the Seller on its behalf following receipt of a suitable
written specification from the Buyer
5.6 In no circumstances shall the Seller have any liability for checking or approving
any specification or design provided by the Buyer for any Goods
6. Delivery Of Goods
6.1 The Goods shall be delivered to the Buyer or made available for collection on (or as
soon as reasonably practicable after) the Delivery Date
6.2 The Seller shall on request arrange for delivery of the Goods
6.2.1 to the Buyer’s billing address as stated on the Buyer’s credit card or
6.2.2 to such other address as the Buyer is able to prove to the satisfaction of the
Seller is the Buyer’s business or residential address provided that the method of
delivery and the choice of packaging and labelling of any Goods shall remain at the sole
discretion of the Seller and the Seller reserves the right in its absolute discretion to
refuse to deliver to a particular address
6.3 The Goods may be delivered in advance of the Delivery Date upon the Seller’s giving
of reasonable notice to the Buyer
6.4 The Buyer shall make all arrangements to take delivery of the Goods whenever they
are tendered for delivery
6.5 The Buyer shall not be liable for any loss or damage whatever due to failure by the
Seller to deliver the Goods (or any of them) promptly or at all
6.6 If (otherwise than by reason of any cause beyond the Buyer’s reasonable control or
by reason of the Seller’s fault) the Buyer
6.6.1 fails or declines to collect the Goods or
6.6.2 fails or declines to give the Seller adequate instructions for delivery of the
Goods or
6.6.3 requests that the Seller do store the Goods for the time being
the Seller may (without prejudice to any other right or remedy available to it) make
provision for the storage of the Goods
6.7 The Buyer shall on receipt of the Goods in the presence of the carrier’s
representative check that the packaging is in order and any damage to or evidence of
tampering with the packaging must be immediately reported to the Seller in writing (or
by telephone and confirmed in writing within 48 hours thereafter) without opening the
packaging which must be preserved to enable inspection by the Seller and the delivery
must neither be accepted nor signed for
6.8 The Buyer shall on receipt of the Goods in the presence of the carrier’s
representative if the packaging is in order open the packaging and any alleged
non-delivery shortage damage fault defect error or failure to comply with description or
sample in relation to such Goods noticeable on such inspection must be immediately
reported to the Seller in writing (or by telephone and confirmed in writing within 48
hours thereafter) and the packaging and the contents must be preserved to enable
inspection by the Seller
6.9 Notwithstanding the receipt by the Seller of any notice pursuant to clause 6.7 or
clause 6.8 a clear signature on a carrier’s delivery advice sheet shall be deemed to
signify receipt of the Goods indicated on the advice sheet and ownership of them by the
Buyer
6.10 If the Buyer is not asked to sign a carrier’s delivery advice sheet to acknowledge
receipt of the Goods he must notify the Seller immediately in writing (or by telephone
and confirm it in writing within 48 hours thereafter)
6.11 The Seller may cancel the Contract at any time with or without cause before the
Goods are delivered by giving written notice to the Buyer to that effect and on giving
such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the
Price (including the Deposit) for such Goods and the Seller shall not be liable for any
loss or damage whatever arising from such cancellation
6.12 Where the Goods are made pursuant to the Buyer’s specification or are otherwise
personalised the Buyer shall have the right to cancel the relevant Contract within 7
Working Days of receiving the parcel but in all other cases the Buyer shall have the
right to cancel any Contract within 14 Working Days of its formation provided that
6.12.1 the Goods are returned in their original condition (as judged by the Seller) and
6.12.2 either the relevant certificate or certificates from the appropriate laboratory
are also returned or the Buyer pays to the Seller a charge as notified by the Seller to
the Buyer for each missing certificate
7. Acceptance
7.1 The Buyer shall be deemed to have accepted any Goods after the relevant period
referred to in paragraph 6.12
7.2 After such acceptance the Buyer shall not be entitled to reject any Goods which are
not in accordance with the Contract
7.3 Notwithstanding section 35A (1) of the Sale of Goods Act 1979 acceptance of some of
the Goods by the Buyer whether conforming to the Contract or not shall deprive the Buyer
of the right to reject the rest of the Goods whether they conform to the Contract or not
7.4 No Goods delivered to the Buyer which are in accordance with the Contract shall be
accepted for return without the prior written approval of the Seller signed by an
authorised representative of the Seller on its behalf on terms to be determined at the
absolute discretion of the Seller
7.5 If the Seller agrees to accept the return of any such Goods the Buyer shall be
liable to pay the charges for shipment by the appropriate carrier
7.6 Goods returned without the prior written approval of the Seller signed by an
authorised representative of the Seller on its behalf may at the Seller’s absolute
discretion be returned to the Buyer or stored by the Seller at the Buyer’s cost without
prejudice to any rights or remedies which the Seller may have
7.7 In the event that the Buyer declines to accept Goods in breach of the Contract the
Buyer shall pay to the Seller as and by way of agreed liquidated damages an amount equal
to the price of the Goods less the net proceeds received by the Seller on reselling the
Goods after deducting the costs and expenses of resale
8. Time For Delivery Of Goods
The Delivery Date shall be treated as an estimate or estimates only unless the Seller has expressly undertaken in writing signed by an authorised representative of the Seller on its behalf to guarantee such delivery by a specified date and the Buyer shall provide to the Seller any Input Material as soon as possible after receipt of the Quotation or Order Confirmation to give the Seller a reasonable opportunity to comply with the Delivery Date
9. Intellectual Property
The specifications and designs of and all Intellectual Property Rights in the Goods shall as between the parties be the property of the Seller or its suppliers
10. Remedies Of Buyer
10.1 Where the Buyer rejects any Goods the Buyer shall have no further rights whatever
in respect of the supply to the Buyer of such Goods or the failure by the Seller to
supply Goods which conform to the Contract
10.2 Where the Buyer accepts or has been deemed to have accepted any Goods the Seller
shall have no liability whatever to the Buyer in respect of those Goods
10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of
any Goods
10.4 The Seller shall be under no liability whatever to the Buyer for any
10.4.1 indirect loss or expense or damage suffered by the Buyer including
(a) loss of profit business anticipated savings business opportunity or goodwill or
(b) loss of data or
10.4.2 special damage even though the Seller was aware of the circumstances in which
such special damage could arise or
10.4.3 liability to third parties incurred by the Buyer arising out of a breach by the
Seller of the Contract
10.5 The Buyer shall within 3 (three) days of delivery notify the Seller in writing of
any alleged non-delivery shortage damage fault defect error or failure to comply with
description or sample in relation to any Goods which was not apparent on inspection on
delivery
10.6 The Buyer shall afford the Seller an opportunity to inspect all Goods within a
reasonable time following delivery of such Goods
10.7 If the Buyer discovers a defect in the Goods the Buyer
10.7.1 shall not use those Goods
10.7.2 shall afford the Seller an opportunity to inspect those Goods as soon as
reasonably practicable after discovery of such defect and
10.7.3 shall not attempt to remedy any defect found in those Goods without the prior
written approval of the Seller signed by an authorised representative of the Seller on
its behalf
10.8 If the Seller agrees that any Goods are defective the Seller shall have the option
at its sole discretion
10.8.1 to repair or replace the Goods or
10.8.2 to refund the Price of the Goods (in consideration of the return of such Goods)
or
10.8.3 to pay over any insurance proceeds relating to those Goods or
10.8.4 to assign to the Buyer any rights which the Seller has against any third party
manufacturer of those Goods or and any further liability to the Buyer in respect of
those Goods is excluded to the fullest extent permitted by law but without prejudice to
clause 5.3
10.9 If the Buyer fails to comply with any of clause 10.5 clause 10.6 or clause 10.7
10.9.1 the Goods shall be conclusively presumed to be
(a) in accordance with the Contract &
(b) free from any defect error or damage or shortfall which would be apparent on a
reasonable examination of the Goods and
10.9.2 (without prejudice to the generality of clause 7.1) the Buyer shall be deemed to
have accepted the Goods
10.10 Subject to clause 10.8 in the event of any breach of the Contract by the Seller
the remedies of the Buyer shall be limited to damages and under no circumstances shall
the liability of the Seller exceed the Price of those Goods to which that breach relates
10.11 Without prejudice to the generality of clause 10.2
10.11.1 any claims in respect of the alleged shortages of or damage to Goods must be
notified to the Seller in writing within 3 (three) days of delivery and
10.11.2 the Seller shall be under no liability in respect of any Goods under the
Contract if
(a) the Buyer has not paid in full for such Goods or
(b) the Buyer has executed or attempted to execute repairs or alterations to such Goods
which are not authorised by the Seller or
(c) the Seller has not been notified of any defect in the Goods within 3 (three) days of
the defect’s becoming apparent
10.12 The exclusions and restrictions in this clause 10 shall apply to the fullest
extent permissible at law but without prejudice to clause 5.3
11. Data Protection
11.1 The Buyer acknowledges and agrees that details of the Buyer’s name address and
payment record may be submitted to a credit reference agency and that personal Data will
be processed by and on behalf of the Seller
11.2 The Seller will maintain reasonable technical and organisational measures to
minimise the risk
11.2.1 of any unauthorised or unlawful processing or
11.2.2 of any loss destruction or unauthorised disclosure of personal Data having regard
to the nature of the personal Data to be protected but any liability on the part of the
Seller for any and all liability loss damage and cost incurred by the Buyer as a result
of any such unauthorised or unlawful processing or of any such loss destruction or
unauthorised disclosure of personal Data is excluded to the fullest extent permitted by
law
11.3 In supplying to the Seller the Input Material the Buyer
11.3.1 consents to the Seller’s use of the same for the purpose of providing the Goods
and
11.3.2 acknowledges that it will not be entitled to be paid any remuneration by the
Seller for the same
11.4 The Buyer warrants that the use by the Seller of the Input Material will not
infringe the rights of any third party
11.5 The Buyer warrants that he is unaware of any use by any third party of any of the
Input Material
11.6 The Buyer
11.6.1 acknowledges that the Seller will
(a) have no responsibility to check for itself any of the matters set out at clauses
11.4 and 11.5 above
&
(b) enters into any Contract in reliance on the warranties given by the Buyer in these
paragraphs and
11.6.2 will indemnify the Seller in respect of any loss claims damages costs and
expenses incurred by it howsoever arising in connection with the Seller’s use of the
Input Material
12. Third Party Rights
The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to the Contract and a person who is not a party to the Contract shall have no right under that Act to enforce any term of the Contract
13. Notices
13.1 Any notice under or in connection with the Contract shall be in writing and shall
be served by first class post or by hand on the party or sent by recorded delivery or
facsimile or electronic mail at or to the address or number of the party set out in the
Contract or at or to such other address or number as may be subsequently notified by one
party to the other
13.2 In the absence of evidence of earlier receipt any notice shall be deemed to be duly
served
13.2.1 if delivered personally when left at the address cited in clause 16.1
13.2.2 if sent by first class post 3 (three) days after posting and
13.2.3 if sent by recorded delivery or facsimile or electronic mail when received
14. Miscellaneous
14.1 General
In the Conditions
14.1.1 references to clauses are to clauses of this document
14.1.2 words importing gender include each other gender
14.1.3 references to persons include bodies corporate firms and unincorporated
associations and that person’s legal and personal representatives successors and
permitted assigns
14.1.4 the singular includes the plural and vice versa
14.1.5 clause headings are included for the convenience of the Seller and the Buyer only
and do not affect the interpretation of the Conditions
14.1.6 references to all or any part of any statute or statutory instrument include any
statutory amendment modification or re-enactment in force from time to time and
references to any statute include any statutory instrument or regulations made under it
14.1.7 any obligation in the Conditions on a person not to do something includes an
obligation not to agree to allow to permit or to acquiesce in that thing’s being done
14.1.8 unless the context otherwise requires any discretion conferred expressly or
impliedly by the Conditions shall be deemed to be the Seller’s absolute discretion
14.1.9 the words
(a) “include” “includes” “including” “in particular” and “such as” are to be construed
as if they were immediately followed by the words “without limitation” &
(b) “other” and “otherwise” are illustrative and shall not limit the sense of the words
preceding them or succeeding them
14.1.10 a reference to “writing” or “written” includes telex facsimile electronic mail
and comparable means of electronic communication and
14.1.11 to the extent of any inconsistencies between any or all of the documents
referred to at paragraph 1.2 the document referred to at paragraph 1.2.1(a) (i.e. this
document) shall prevail
14.2 Severance
Any provision of the Contract which is or may be void or unenforceable shall to the
extent of such invalidity or unenforceability be deemed severable and shall not affect
any other provision of the Contract
14.3 Waiver
No waiver or forbearance by the Seller (whether express or implied) in enforcing any of
its rights under the Contract shall prejudice its right to do so in the future.
14.4 Sub-contracting
The Seller may licence or sub-contract all or any part of its rights and obligations
under the Contract without the Buyer’s consent but the Buyer may only do so with the
Seller’s consent in writing signed by an authorised representative of the Seller on its
behalf
14.5 Assignment
The Seller may assign the benefit of the Contract without the Buyer’s consent but the
Buyer may only do so with the Seller’s consent in writing signed by an authorised
representative of the Seller on its behalf
15. Proper Law Of Contract
15.1 The Contract is subject to the law of England and Wales
15.2 All disputes arising out of the Contract shall be subject to the exclusive
jurisdiction of the courts of England and Wales
16 Availablity Of Goods
We are unable to guarantee the availability of the stones listed on this website. This is for the following reasons:
16.1. We have a list on our website of over 60,000 GIA certificated diamonds none of
which are owned by us. We have to purchase the stones from our own suppliers.
16.2. The website is updated every 6 hours with available goods.
16.3. The prices are updated every hour based on the USD exchange rate.
16.4. The stones are located all around the world with many different suppliers.
16.5. The diamond market is very active and stones can come and go off the market in a
matter of hours.
16. 6. Occasionally, there are errors (both human and IT) in respect of our website,
including in terms of availability and pricing.
We will always do our best to ensure the accuracy of our website and to ensure that we supply to you the stone which you order and for the price listed at the time of your order. However, for the reasons stated above, we cannot guarantee it and this is why we have to reserve the right to cancel your order, with or without cause, as long as we refund you any sums paid by you to us in respect of the relevant order and we are unable to accept any liability to you beyond this.
To ensure the availability of a diamond on this website, please just check with us first before ordering.
Your understanding is appreciated.