Terms of Sale

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions ("Terms") on which we sell the products ("Products") listed on our website ("our site") to you.

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1                     INFORMATION ABOUT US

1.1               We operate the website www.clearwaterdiamonds.co.uk. We are Conic Limited t/a Clearwater Diamonds, a company registered in England andWales under company number 03951206 (registered office at2 Water Court,Water Street,Birmingham, West Midlands B3 1HP,England).  Our contact address is :15 Warstone Lane,BirminghamB18 6JE.  Our VAT number is 770794300.

1.2               Contacting us: You can contact us by telephoning our customer service team at 0121 233 3336 or by e-mailing us at sales@clearwaterdiamonds.co.uk.   If you wish to cancel a Contract in accordance with your legal right to do so please follow the process set out below in clause 8.

2                     OUR PRODUCTS

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may therefore vary slightly from those images.

3                     USE OF OUR SITE

Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4                     HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5                     Who can purchase from us

You may only purchase Products from our site if you are at least 18 years old.

6                     HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1               Our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order.

6.2               After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 6.3

6.3               We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation").  The Contract between us will only be formed when we send you the Dispatch Confirmation.

6.4               If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

7                     OUR RIGHT TO VARY THESE TERMS

7.1               We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

7.2               We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws.

7.3               If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

8                     YOUR RIGHT OF RETURN AND REFUND

8.1               As a consumer, you have a legal right to cancel a Contract. This means that during the period detailed in clause 8.2 if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

8.2               Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Product.  (Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January).

8.3               To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website.  A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.

You can also e-mail us at sales@clearwaterdiamonds.co.uk or contact our Customer Services team by telephone on 0121 233 3336 or by post to15 Warstone Lane,BirminghamB18 6JE. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

8.4               If you cancel your Contract we will:

8.4.1          refund you the price you paid for the Products as soon as possible.

8.4.2          refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. (For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.)

8.5               If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

8.6               We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

8.7               If a Product has been delivered to you before you decide to cancel your Contract:

8.7.1          then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and

8.7.2          unless the Product is faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us.

8.8               Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9                     DELIVERY

9.1               Delivery times will be in accordance with the Shipping Times set out on our website although these are estimates only.  Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

9.2               Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

9.3               You own the Products once we have received payment in full, including all applicable delivery charges.

10                 INTERNATIONAL DELIVERY

10.1            We deliver internationally although we reserve the right at any time to refuse to deliver Products to a certain destination.  ("International Delivery Destinations").

10.2            If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount. 

10.3            You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

10.4            You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable or responsible if you break any such law.

11                 PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1            The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if an error in the price of Product(s) you ordered is discovered.

11.2            Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

11.3            The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4            The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

11.5            Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you   to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12                 HOW TO PAY

12.1            You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard, Visa Debit, Maestro. We do not accept payment by American Express.

12.2            Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

13                 OUR WARRANTY FOR THE PRODUCTS

13.1            Subject to any specific warranties we offer in relation to particular Products, or those which are implied by law, we do not offer any warranty or guarantee on our Products.

13.2            Your legal rights in relation to Products that are faulty or not as described are not affected.

13.3            You should inspect the Products when you receive them for defects or damage.  If you find a defect or damage you must tell us as soon as possible.

14                 OUR LIABILITY

14.1            If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2            We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3            We do not in any way exclude or limit our liability for:

14.3.1      death or personal injury caused by our negligence;

14.3.2      fraud or fraudulent misrepresentation;

14.3.3      any breach of the terms implied by till have (title and quiet possession);

14.3.4      any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

14.3.5       defective products under the Consumer Protection Act 1987.

15                    EVENTS OUTSIDE OUR CONTROL

15.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event beyond our reasonable control. (“Event Outside Our Control”)

15.2            If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.3            You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.

16                 OTHER IMPORTANT TERMS

16.1            We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2            This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3            Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4            These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England andWales will have non-exclusive jurisdiction.