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We are MX Diamonds Limited, a company registered in England and Wales under number 11733004 with its registered office at Acre House, 11 – 15 William Road, London, NW1 3ER, and all subsidiaries including MX Diamonds BV, a company registered in Belgium under number 0725780328 with its registered office at Hoveniersstraat 51, Office 1204, 2018 Antwerp (“MX Diamonds”, “Our”, “Us”, “We”).
You can contact us at firstname.lastname@example.org or by telephone on +44 20 3095 2050.
Access to our Website and Mobile App
We may modify, withdraw or deny access to this Website/Mobile App at any time.
We may withdraw or deny access to the Website/Mobile App at any time in relation to a user who breaches any of the terms contained in these Terms and Conditions.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.
This Website/Mobile App and all of its contents including, without limitation, all text, software, software source code, trade marks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licences of the Website Content not expressly granted by the Terms of Conditions are reserved.
These Terms and Conditions do not exclude our liability (if any) to you for:
We do not guarantee that the Website/Mobile App will be compatible with all or any hardware and software which you may use. We do not guarantee that the use of the Website/Mobile App will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Website/Mobile App. We do not guarantee that the Website/Mobile App will be available all the time or at any specific time. We reserve the right to withdraw or modify the Website/Mobile App at any time.
To purchase from us you must be over 18.
Once you submit an Order via the Website or our Mobile App, it is your responsibility ensure that your Order is correct before submitting it to us. If you have any problems with your Order, please contact us.
We will then send you a confirmatory email to acknowledge that we have received your Order. This is sent out automatically by us to the email address you register with us. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer by you to buy the Product(s) at the price set out in the Order.
All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order. You do, however, acknowledge that by clicking on the 'Confirm Purchase and Pay' button, you enter into an obligation to pay for the Product(s) in the event your Order is accepted by us.
After sending you the acknowledgment email we will check to make sure we are able to fulfil your Order. Where we accept your Order, we will confirm such Order by sending you a second email (“Dispatch Email”) confirming your Order, confirming dispatch of the Product(s) to the delivery address you have requested. By sending you the Dispatch Email and thereby confirming and accepting your Order, the contract between us (“Contract”) is formed. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.
The Contract will relate only to those Product(s) whose dispatch has been confirmed in the Dispatch Email. We will not be obliged to supply any other Product(s) which may have formed part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Email.
You should check both the confirmatory email and the Dispatch Email for accuracy and let us know immediately if there are any errors.
Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you the Dispatch Email confirming your Order.
Delivery, Title and Risk
We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Dispatch Email but we cannot give an exact delivery date.
If we have not delivered the Product(s) within 30 days of the Contract or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you including any associated shipping fees.
Ownership and risk of the Product(s) will pass to you on delivery.
Damaged or Defective Product(s)
You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our Customer Service Centre, at no cost to you. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. Nothing in this section affects your legal rights.
Whilst we have taken reasonable steps to depict Product(s) as accurately as possible through the photographs and other images featured on the Website and Mobile App, some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques.
Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Additionally the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Limitation of Liability
These Terms and Conditions do not exclude our liability (if any) to you for:
Subject to this, in no event shall we be liable to you for any business losses and we shall only be liable to you for losses which you suffer as a result of a breach of these Terms and Conditions by us. Our liability for losses you suffer as a result of us breaching these Terms and Conditions is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms and Conditions. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
We are not responsible for any delay in, or failure of, performance of our obligations under any Contract arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Please note that nothing contained in these Terms and Conditions in any way affects your statutory rights.
Money Back Guarantee
We offer a 30-day money back guarantee. In order to claim under this guarantee, please send us an email within 30 days of the purchase date and we will reimburse the full purchase amount upon receipt of the returned items. All returned items must be returned new and unused along with all original packaging. All returns must be received by us within 45 days of the purchase date. Returns outside of this time frame may only be accepted at the sole discretion of MX Diamonds and may only be refunded as store credit.
Notices, Governing Law and Jurisdiction
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. The Contract and all communications between us will be conducted in the English language.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions will be governed by the law of England and Wales.
The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions or use of the Website or Mobile App.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms and Conditions which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
A person who is not a party to a contract governing the Terms and Conditions between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms and Conditions expressly provide for such rights.
All notices given by you to us must be given in writing to the address set out at the beginning of these Terms and Conditions and a copy emailed to email@example.com. We may give you notice at either the email or postal address you provide to us when placing an Order.