Terms & Conditions
Terms & Conditions
Please read these terms and conditions for buying Goods online before placing an Order. By placing an Order you are accepting these terms and conditions for buying Goods online. These terms and conditions only apply to Goods purchased online using this Website.
By using this Website to buy Goods online, you confirm that you are at least 18 years old, or, if you are under 18, you have the consent of your parent or guardian to place an Order on our Website.
Your statutory rights are not affected by these terms and conditions.
Unless the context otherwise requires :
- each gender includes the others;
- the singular includes the plural and vice versa;
- references to the Contract include these Conditions and the Order;
- references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
- clause headings do not affect their interpretation;
- general words are not limited by example; and
- references to any legislation will be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
Application of these terms and conditions
- These Conditions apply and form part of the Contract between the You and Us. They supersede any previously issued terms and conditions of supply.
- No terms or conditions endorsed on, delivered with, or contained in the Buyer's order, confirmation of order, specification or other document will form part of the Contract.
- No variation of these Conditions or to an Order, or to a quotation from the Seller will be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of the Seller.
- Each Order submitted by the Buyer to Us will be deemed to be an offer to purchase Goods and subject to these Conditions.
- The Seller reserves the right at all times to reject any Order, in whole or in part, at its sole discretion.
- Any quotation by the Seller for the provision of Goods will be deemed to be an invitation to treat (and shall not be an offer) by Us to supply Goods on and subject to these Conditions; and
- A Contract will be formed upon written acceptance by Us of the Buyer's Written acceptance includes email.
- We do not have to accept an Order, and in particular, we will not accept an Order if;we do not have the Goods in stock or it appears to be damaged;your payment is not authorised;there is an error on the Website regarding the price or other details of the Goods;you have cancelled your Order in accordance with this Agreement;we reserve the right to refuse any Order.
- Price : The price for the Goods will be as set out on our Website or in default of such provision will be calculated in accordance with the Seller's standard scale of charges in force on the date of formation of the Contract.Prices throughout the Website are quoted in Pounds sterling and payment can only be accepted in Pounds Sterling.Prices quoted on the Website are applicable exclusively to goods purchased through this Website. Prices applicable to Goods for purchase in store may differ from those quoted on the Website.
- The price : does not include packaging, delivery, etc , which will be charged in addition, and does not include Value Added Tax which will be charged in addition at the then applicable rate.If a pricing error is made on the Website or in the ordering process we will inform you as soon as possible and give you the option of buying the goods are the correct price or cancelling the order.We reserve the right to amend the prices at any time.
- Payment : Payment will be processed and taken when the Order is placed with us. This is not an order confirmation or order acceptance from us.The Buyer will pay the Order in full when the Order is placed with us and payment can be made by using credit/debit cards and by BACS. You are responsible for any bank transfer fees.All payments are presented to our merchant bank for verification and authorization. All credit card transactions will appear as Adamas Trading Pvt. Ltd on all credit card statements.VAT will be charged by the Seller and paid by the Buyer at the then applicable rate.We do not store credit card details and all personal details will not be passed to third parties.
- Delivery : The Goods will only be to the address where the debit/credit card is registered.The Goods will be delivered in plain protective packaging and the return address noted on all recorded delivery will read; Diamond Palace, 36 Greville Street, London EC1N 8TB.All delivery Orders are dispatched using insured courier service and you must be present at the delivery address to sign for the Delivery. Goods not signed for will be held for 7 days at the specified local sorting office.All returned orders will incur an additional delivery charge.Orders are processed and dispatched within 30 working days subject to stock availability and production time.Any contract between us is not deemed to be terminated if Orders not dispatched within 30 days and you are requested to contact us for an update.We will not be liable for any delay in or failure of delivery caused by: the Buyer's failure to: (i) make the Delivery Location available, (ii) prepare the Delivery Location as required for delivery or; (iii) sign for the delivery the Buyer's failure to collect the Goods from the Seller's premises; or an event outside of our control.If the Buyer fails to accept or sign for delivery of the Goods the Seller will store and insure the Goods pending delivery, and the Buyer will pay reasonable storage and insurance charges.
- Cooling off period and returns : When you place an Order online, you are entitled to a cooling off period after dispatch of your Goods. During this cooling off period, you can return your Goods and we can exchange it for an alternative Good or refund your payment. Our cooling off period is 14 days (from delivery of the goods to you).Unless we are at fault, for example where you have received a faulty Good or the Good is not as described, certain items are excluded from the cooling off period such as Personalised items or Goods where the price is dependent on the financial market fluctuation during the cancellation period.We will, at its option, repair, replace or refund the price of defective Goods, provided that:You inform Us in writing within 14 days after discovery that some or all of the Goods are defective;You gives Us a reasonable opportunity to examine the defective Goods;You return the defective Goods to Us at your expense.These Conditions will apply to any Goods repaired or replaced under clause 3.We will not be liable for any failure of the Goods:where such failure arises by reason of fair wear and tear, wilful damage, negligence, abnormal working conditions, or could be expected to arise in the normal course of use of the Goods;to the extent caused by the Buyer's failure to comply with our instructions as to: (i) storage, or (ii) good practice in relation to the care, use or maintenance of the Goods;to the extent caused by us following any design or specification or requirement of You in relation to the Goods;where You repair or alter any Goods without our prior written agreement; or where You use any of the Goods after notifying the Seller that it is faulty or in breach of your Statutory Rights.Except as set out in your Statutory Rights the Seller gives no warranty in relation to the Goods and in particular, the conditions implied by ss 13–15 of the Sale of Goods Act 1979 are expressly excluded.
- Obligations of You You will : place all Orders on these Conditions and ensure that the contents of any Order are complete and accurate;co-operate fully with the Seller in relation to delivery or collection of the Goods.Liability We do not exclude our liability:for death or personal injury caused by negligence; or for breach of the terms implied by s 12 of the Sale of Goods Act 1979 and by s 2 of the Supply of Goods and Services Act 1982; or for defective products under the Consumer Protection Act 1987; or for fraud or fraudulent misrepresentation.We will be liable to You or any Third Parties for:loss of data or use;any form of indirect, consequential or special loss; or any loss of or failure to realize expected profit, revenue or savings or any other form of pure economic loss, whether any such loss is direct or indirect; and, in each case, however arising.
Other than as set out above, the Seller limits its liability (however arising) in respect of or in connection with the Goods, and otherwise in connection with the Contract, to the total price of Goods.
- The Contract may be terminated forthwith at any time by Us on written notice to You if: You commits a material breach, or series of breaches resulting in a material breach, of the Contract and such breach is not remediable or if capable of remedy is not remedied within 7 days of written notice to do so; or You fail to make payment in accordance with this Agreement or suspends or threatens to suspend payment of payment.
- General Time Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions, the Order or otherwise in the Contract.
No set-off :All payments by You will be made without set-off or counterclaim, free and clear of and without deduction for any tax, levy, duty, charge, or withholdings of any kind now or in the future, imposed in any jurisdiction unless a party is compelled by law to deduct or withhold any such amounts, in which case it will pay to the other such additional amount as will ensure that the other is paid the full amount it would have received but for such deduction or withholding.
Severability : If any part of the Contract is found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Contract and the remaining provisions of the Contract will otherwise remain in full force.
Waiver : No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
Rights of Third Parties : The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Priority : In the event of conflict, the terms of these Conditions prevail over those of the Order.
Entire Agreement : The Contract constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply.
Governing Law & Jurisdiction : The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation shall be governed by, and construed in accordance with, the laws of Hong Kong.
The parties irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation.