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Terms of Use

Dear customer/dear visitor,

These Terms of Use, set out the terms and conditions on which you are permitted to use our website, www.Nicholasdiamonds.com (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use and by our privacy policy.

These Terms of Use are effective from January 1, 2019.

PLEASE READ THE FOLLOWING TERMS OF USE OF OUR WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE/PLACING AN ORDER.

We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website

  1. General provision

1.1. These general conditions of sale (“Terms of use”) apply to all sales of Nicholas Diamonds products (“Products” or “Items” or “Goods”) carried out through the website www.Nicholasdiamonds.com.

1.2. Your access and use of the website Nicholas Diamonds (the “Website”) is subject to the following terms and conditions of use, all applicable laws, guidelines and rules, including but not limited to the Privacy Policy referred below, and acknowledge their relevant mandatory nature. By accessing and browsing the Website, you accept these Terms of use fully without limitation or qualification. The Terms of use govern the access to and the use of the Website and the services available through the Website (“Services”).

1.3. You are solely authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and indicate your acceptance during the registration, or subscription, process. If you (“ the User or the Purchaser or the “Client”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services nor to place an order.

1.4. The language used to enter any contract of sale through this Website is English

  1. Applicability

2.1 The Website and its contents are designed, operated and administered by Nicholas Diamonds BVBA, an Belgian incorporated company, with registered office at Vestingstraat 6, 2018 Antwerp, Belgium, listed under enterprise number BTW- BE0464027412. (hereinafter "Nicholas Diamonds", “we”, “us”, “our”).

2.2. These Terms of use ("Terms", "Terms and Conditions") govern your relationship with our www.Nicholasdiamonds.com website (the "Service") operated by Nicholas Diamond bvba ("us", "we", or "our").

2.3. Nicholas Diamonds reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The further use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and Services.

  1. Use of our services and registration

3.1. You affirm that you have reached the age of legal majority required to enter into contracts (eighteen in most countries), or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms If the event that we learn of a fraudulently misrepresentation of the subscribers age during the registration process, we will promptly cancel your registration, or subscription and stop providing you with our Services and or goods.

3.2 When registering for, or subscribing to our Services you must provide true, valid and accurate information. In case of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages, needed information, services and goods.

3.3. If you suspect any unauthorized / fraudulent use of your account or access to your password, you agree to notify us immediately. You are solely responsible for all and any use of your account attributable to you or by default in protection of your password.

3.4. You may terminate your registration, or subscription to, the Website at any time at your sole discretion without any reason, by sending an e-mail to sales@Nicholasdiamonds.com. Hereafter, we will confirm the cancellation of your registration or subscription to you by email.

3.5. In the event that you fail to comply with the obligations stated under these Terms of Use, Nicholas Diamonds will be entitled to cancel your registration or subscription, and/or to block your account and/or to deny, restrict, suspend, or terminate your access to the Website and to the Services.

  1. Payment

4.1.The prices indicated on the Website are expressed in euros and in US dollars. Prices in US dollars are indicative only the invoice will be labeled and processed in Euros. Two prices are shown for all products; a Price for shipping in EU including VAT and a price for shipping outside EU excluding all taxes and duties.

4.2. The prices indicated on the website are only valid as long as the stock lasts. We reserve ourselves the right to adapt the prices at any given time, however the rates shown on the site at the time of your order will remain applicable during your purchase.

4.3. We accept payments via most internationally accepted credit cards and electronic payment methods such as Visa, MasterCard, American Express, Bancomat, China Union Pay, or via regular bank transfer. Moreover you can also pay with PayPal.

4.4. Payments made by bank transfer must mention the following information:

IBAN code:

BIC:

Bank: BNP Paribas Fortis

Name

All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, shall be borne by the Client (the purchaser/ you). Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.

4.5. In order to assure the safety of your online transactions, we cooperate with authorized credit card payment partners who are unambiguously mentioned on our Website.

4.6. Online payments are executed via a closed security system (SSL), through which your bank details are encrypted when they are being sent via the Internet, allowing your online payment to proceed safely. Each chosen payment method is subject to the conditions of the relevant card issuer. Nicholas Diamonds is not considered as a party with regard to the relationship between the Purchaser (you) and the card issuer. Nicholas Diamonds cannot be held liable for possible identity theft or financial theft.

  1. Taxes & duties Vs. Tax-free

5.1. We apply the Belgian or European VAT, which are included in the indicated price, for all purchases shipped to the EU.

5.2. When shipping to a non EU country prices are indicated in US dollars/Euros excluding all taxes. Items shipped outside the EU are subject to duties/taxes/handling/ other charges. These additional costs are not included in your order and will have to be paid separately before delivery by the client to the Courier. The Purchaser should check with local authorities all applicable taxes and duties for its purchase in the shipping address country

  1. Transport & Delivery policy

6.1. We will process your order in accordance to our available supplies.

In the event that the product of your order would not be in stock, we will inform you about the prospected date of delivery within 5 days following to the placement of your order.

6.2. Except in a force majeure event or if unforeseeable circumstances occur, your order, purchased Product (if in stock) shall be shipped within 3 days after receiving your payment and delivered within maximum 30 days of the date indicated in the Order Confirmation, depending on your location.

6.3. Your purchase will be shipped trough Fedex “the Courier” with insurance for the full amount of the amount. You can trace your parcel after receiving your order number through us by mail. All shipping require a signature from the Client in order to complete the delivery. We are unable to ship orders to APO, FPO, DPO, and PO boxes

6.4. We offer free shipping using via FedEx International Priority Export on all orders. We also offer Fedex priority overnight to eligible countries for an additional cost.

6.5. We will do anything within our means to respect the delivery terms indicated above. However, we will not be held liable for late deliveries or orders that are lost by third parties or through unforeseen circumstances or force majeure. If the event that a delivery is not delivered within the indicated term, an investigation will be initiated to the transporter, which may occupy multiple days.

6.6. Products that are no longer in stock, may be subject to order if they are still in our collection. In case of an order, a term of delivery of maximum 30 days following the order is applicable.

6.7. In the event of an expiration of the delivery term you must inform us as soon as possible, and within seven (7) working days, following thereto, by e-mail via sales@Nicholasdiamonds.com.

6.8. The above stated terms of delivery are aligned with the Belgian Economic Law Code , however, no further rights can be derived from the above stated.

6.9. Deliveries will occur to the address as provided by the Purchaser (you) at the time of the conclusion of a contract (purchase). As soon as the product is delivered to the provided address, any risks involved are automatically passed to the Purchaser (you).

6.10. At the time of delivery of the Product / your order by the Courier, you (the purchaser or a nominated representative) is required to:

(i) verify that the item(s)/ product(s) being delivered corresponds to that indicated on the delivery note;

(ii) sign the delivery note; and

(iii) if requested by the Courier, show your ID.

6.11. Any damages or discrepancies to the packaging and/or the Product must be immediately indicated in writing on the Courier’s delivery note and furthermore informed by e mail via sales@Nicholasdiamonds.com. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the purchaser (you), the purchaser (you) may not make any objection to the exterior characteristics of the delivered parcel.

6.12 For all non EU deliveries the Purchaser or a nominated representative or the recipient of the delivery mandates Nicholas Diamonds to hire an import service provider to perform all import formalities and clear customs on you behalf. The cost of this service is included in the retail price. The Purchaser or a nominated representative or the recipient of the delivery, remains the importer bearing the responsibility of the import and will have to pay all taxes and duties directly to the service provider or the Courier at the latest at the delivery time. 

  1. Return Policy

We hope you’ll love your Nicholas Diamonds item, but if you’re considering a return, please note that your purchase from nicholasdiamonds.com may be returned for full credit consideration within 14 calendar days from the date that you received your shipment. Returns are only available for stock sizes. All custom-made or or special orders or engraved or altered pieces will be final sale – no returns or exchanges allowed.

7.1. Pursuant to Article VI.47, para 1 and 2 of the Code of Economic law, the Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client he/she obtains the physical possession of the Product.

7.2. In order to exercise the right of withdrawal, the Client must first contact our sales department by email to sales@Nicholasdiamonds.com, within 14 days after receiving the Product or communicate his/her intention to exercise the right of withdrawal pursuant to Article VI.47, para 1 2° of the Code of Economic law. This communication by email to : sales@Nicholasdiamonds.com shall include the following information:

(i) Indication of the Product for which the Client wishes to exercise the right of withdrawal;

(ii) The order and invoice number;

(iii) in the event that the Client purchased the Product by bank transfer, the Client’s IBAN and BIC code together with the name of the Bank to which the reimbursement is to be made;

From the point that you submit your Return Request, you will receive an email within one to two business days from the nicholasdiamonds.com Customer Excellence team which will include a Return Authorization Form, and instructions about what must be included on both the inside, and exterior of the return package. The “Return Authorization Form” that you will receive from Nicholas Diamonds contains your personal return information. You must include this form inside the return shipment package so that we can accurately process and credit your return. The form also includes your “Return Authorization Number”. You must clearly write the Return Authorization Number on the outside of the shipment package so that is visible on the exterior upon receipt. This is very important so that we can accurately process and receive your return.

7.3 Within 14 (fourteen) days of the communication of withdrawal the Client shall return the purchased Product with the same courier with full invoice value insurance of the product(s) returned as received by Fedex to : Nicholas Diamonds, Vestingstraat 6, 2018 Antwerpen, Belgium

The delivery costs and the insurance costs for returning the Product shall be borne by the Client.

7.4. Condition of Returned Products : We will verify that the returned product satisfies our conditions as set in our of Return Policy and, only in the positive case we will proceed with the applicable refund.

Our products must be returned in their original and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them, as well as with the original Nicholas Diamonds box and delivery package, including all accessories and documents. For example, our certificate of authenticity.

We reserve our right not to accept any return if the returned product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.

All returns will be subject to our strict Quality Control (verification of each diamond by the Antwerp diamond lab or for loose stone by HRD or GIA lab) by us to ensure that the returned products satisfy these requirements. If the products do not meet our Quality Control standards, we will refuse the return, and the products will be returned to you at your expense. If the returned product satisfies our Quality Control, we will proceed with the applicable refund or exchange.

Failure to comply with the above stated will entitle us to refuse the returned product and send it back to you, at your own cost.

Nicholas Diamonds reserves the right to refuse the returned products and will send it back to you. The risks and expenses shall be borne by the Purchaser (you).

7.5. Nicholas Diamonds shall reimburse the payment received from the Client, within 14 (fourteen) days from the day on which Nicholas Diamonds has received the Products back.

  1. Personalized products (No Return Policy)

8.1 In accordance with the provisions of Article VI.53 3° of the Code of Economic law, the right of withdrawal does not apply to orders for personalized Products, such as, for example: Custom made jewels or special orders, those resized to the Client’s exact size and/ or with the Client's initials/ names engraved on the jewel. Such products do not qualify for restitution. Therefore, your purchase is considered as final.

If you wish to have your product personalized, please provide us with the details during your order.

We reserve the right to withhold or refuse acceptance of any order for personalized products, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.

  1. Warranty

9.1. According to the applicable and relevant laws, a legal warranty of two (2) years applies to all products delivered by Nicholas Diamonds.

9.2. The legal guarantee established by Articles 1649bis-octies of the Civil Code apply to the sale of the Products. Under these Articles, the Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract cancelled. The Client loses these rights if he/she fails to notify Nicholas Diamonds of the lack of conformity within 2 (two) years of the date on which the Client detected such lack of conformity.

9.3. In the event that a delivered product does not comply with the agreement, the Purchaser has the obligation to bring this to the knowledge of Nicholas Diamonds within seven (7) working days from receiving the product by e mail to sales@Nicholasdiamonds.com.

9.4. In case the Client chooses to be compensated, the compensation following the legal provisions can never exceed the amount invoiced to the Purchaser.

9.5. In the events of : unnormal wear, broken parts, unintended or intended changes brought to the product by the Purchaser, the inability to provide the original invoice and/or the valid proof of payment and various are explicit, but not limitative, exceptions on the aforementioned system of warranty.

9.6. In the event that the Client is seeking the repair of the Product or its replacement due to lack of conformity, delivery and insurance costs for returning the Product to be repaired or replaced shall be borne by the Client, however any costs related to the repair , replacement, insurance and delivery to the Client of the repaired or replacing Product shall be borne by Nicholas Diamonds.

9.7 Articles that have been modified, repaired, integrated or added by the Buyer are excluded from the scope of the warranty. The warranty will not apply for obvious defects. The warranty will not cover articles damaged during transportation or by incorrect use.

  1. Intellectual property rights

10.1. Nicholas Diamonds owns the Website, has rights to all of the wallpaper, icons, characters, artwork, images, graphics, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable, music, text, videos, software and other content of the Website (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Website (the "Code").

10.2. The Content and Code of the Website are protected by copyright. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Website without the prior written agreement of Nicholas Diamonds.

  1. Privacy & Data Protection

11.1. Before providing any personal data to this Website, please read our Privacy Policy, which is available in the bottom of every page under Privacy notice, very carefully. Unless an opt-in is required under the applicable data protection law(s), by uploading or providing any personal data to the Website you agree to be bound by our Privacy Policy.

  1. Links and Third Party Websites

12.1. Nicholas Diamonds is not responsible for the content of any site linked to or from the Website. Linking to any other website is entirely at purchasers's own risk. While we may provide links on the Website to other sites, the inclusion of such links is solely for the convenience of the user. Nicholas Diamonds makes no representations and disclaims all warranties, express and implied, as to the accuracy, validity, suitability, and legality or otherwise of any materials or information contained on such sites.

  1. Liability: No Warranties or Representations

13.1. While we make our best efforts to include accurate and up to date information on the Website, it makes no warranties or representations with respect to the content of the Website, which is provided "as is" to the fullest extent permitted by law.

13.2. We do not exclude our liability to you where it would be unlawful to do so, limitations will apply to you only to the maximum extent permitted by applicable law. If you purchase goods or services from our website, different exclusions of liability may apply.

13.3. In no event shall we be liable for any loss, damage, costs, expenses, liabilities or penalties, foreseeable or unknown, arising from in connection with or relating to:

-         Your use of our website

-         Corruption, loss of data, inability to access our website, interruption/ suspension or withdrawal of our website

13.4. We shall not be liable in any manner for direct, indirect, incidental, consequential, loss of data, income or profit, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the information and/or the products offered on the Website or any damages arising out of or in connection with the use of the Website. Furthermore, Nicholas Diamonds assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Website or your downloading of information from the Website.

13.5. You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

13.6. We do not represent nor warrant that the service will be error-free or uninterrupted, that defects will be corrected or that the service will always be available or will be free from harmful components.

13.7. The invalidity of any term, condition or provision of the Terms of Use Agreement shall not affect the enforceability of those portions of the Terms of Use Agreement deemed enforceable by applicable courts of law.

  1. Applicable law and competent jurisdiction

14.1 These Terms of use and therefore, the contracts executed with the Clients, shall be governed by, and will be interpreted exclusively in accordance with Belgian laws (including the Economic Code, introduced by the Act of 7 November 2013-“Economic Code” -and specifically “Book VI on the Market Practices and Consumer Protection"). The applicability of the Vienna Sales Convention is explicitly excluded.

14.2. Any dispute arising out of, or relating to these Terms of use or contracts concluded through this Website shall exclusively be submitted before the competent Belgian territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.

  1. Severability: If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.
  2. Accuracy, completeness and timeliness of the information on this site

Nicholas Diamonds is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Whilst considerable effort has been made to ensure that the visual representations of Nicholas Diamonds products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product; 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. These differences may be due to technical issues such as your browser or computer settings. Accordingly, Nicholas Diamonds cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.

 

This Terms of Use Agreement was last updated on January 1, 2019.

The information provided in this Website (Terms of use, privacy notice and cookie disclaimer) is protected by copyright law and may not be transmitted nor reproduced without our prior written consent. All applicable intellectual property rights are hereby reserved

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