TERMS AND CONDITIONS
These terms and conditions (T&C’s) apply to the use and access of the DIWAH website, and for any orders made through the online store. By admission into this Website and/or placing an order to buy an item, you are automatically in agreement to be bound by these terms. A glossary of any key terms used can be found at the bottom of this page.
DIWAH takes special care in the innovative design and manufacture of it’s products and therefore takes intellectual property very seriously.
The ‘DIWAH’ trademark, as well as all trademarks, whether they are figurative or not, are the exclusive trademarks of DIWAH Jewellery Limited. All other protected trademarks, whether registered or not, include: service marks, brand names, business names, illustrations, images and photographs, logos, registered or unregistered designs. Copyrights and patents (“Intellectual Property”) which constitute and/or appear on our products, product descriptions, website, accessories or packaging. Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement is strictly prohibited.
All materials included on the website, including but not limited to, images, text, names, designs and logos are subject to various forms of intellectual property rights, including but not limited to, copyright, design rights and trademarks.
DATA PROTECTION & REGISTRATION
The use of and access to this website is subject to these terms and conditions; by using any section of this website in any way you agree that you are legally bound by these terms and conditions, forming a contract between you, the user, and us, the website. Please note that we do not share any of your personal information with third parties and all information is confidential.
All terms and conditions are subject to change at any time without notice; in the event of this all new terms and conditions will be posted under this notice.
You are responsible for reviewing these terms and conditions and ensuring your continued compliance with them.
ACCEPTANCE OF ORDERS
When placing an order, upon checkout you will be asked to waive all rights to cancel or amend your order on pre-made designs and bespoke jewellery designs. Ready to Wear items, to include rings and bracelets can be cancelled, up to 14 days after receiving your order. However, all bespoke template designs, including DIWAH Designs cannot be cancelled. If you choose not to waive your cancellation right, your order cannot be processed and production cannot begin.
We reserve the right to reject, for any reason, any order to purchase due to stock, price of description errors on our website, or if we deem the wearability of the design unsuitable. This can be in terms of comfort, due care and the placement or weight of components. We can recommend alternatives in terms of design or the use of components to be implemented with the user’s permission.
We have the discretion to slightly adapt or change any order, with minimum visual impact to the design; these changes are made only to enhance the look or fit of the item. You will be contacted in the event of any changes that exceed 5% of the design.
We will not be liable for any delay in the event that we are unable to authorise payment for the item.
RISK IN GOODS
Any risk in the goods will be passed on to you upon the delivery of the item. During production we are able to make small amendments or recommend changes in the design if we deem there to be any risk in the item.
PROPERTY IN THE GOODS
Property in the goods will only be passed on to you once we have received authorised, non-fraudulent payment in full for the item. Prior to receiving all payment we will retain all legal ownership and property of the item.
DESCRIPTION OF GOODS
Whilst we try to ensure all of the information of our website in accurate and updated, we cannot always guarantee, nor do we warrant (to the extent permitted by the law) that any of the information is completely reliable, accurate, up-to-date or error free; including but not limited to, images, product descriptions, measurements and depictions of materials, colours and styles.
The colours of all images and tagging may vary and are limited by the availability of shades, imagery or technology used by you to access the website. The different PC or Mac screens and browsers used by you can provide different depiction of colours and shades, which may affect the appearance of products or components. This means that, while we continuously strive to provide the highest quality images and accurate information, we cannot guarantee that the appearance of images and colours will be the same on different monitors and browsers.
The colours and appearance of products and components- particularly natural semi-precious elements- may vary as all items are handmade, therefore unique.
All images, designs, descriptions or advertising issued by us on this website are solely for the purpose of proving an approximate indication of the product.
Standard delivery time for orders consisting of up to three necklaces (pre-made or bespoke) is approximately ten working days upon receipt of your order. All orders consisting of four+ items will need to contact us for an approximate delivery time and possible discounts.
All delivery times are an approximation and cannot be guaranteed.
The delivery of orders with multiple items will be combined and shipped upon the completion of the last item.
Once shipped, multiple orders cannot be combined.
RECEIPT OF GOODS
We will not be liable for any non-delivery of goods unless you inform us by written notice with a seven day period of the standard delivery time allocated to your order in the ordinary course of events.
Our liability for the non-delivery of goods is limited to replacing the item or providing a credit note to the value of the payment made for your order.
All DIWAH items can be returned, please see terms for returning items below:
Returns of Ready to Wear items will be given full refunds. Ready to Wear items constitute rings, bracelets and items NOT designed/made using the online jewellery designer, unless an unedited DIWAH design.
Returns of pre-made (pre-designed by DIWAH) and bespoke (bespoke constitutes ANY editing to pre-made designs and / or customer completed designed pieces) items can be refunded or a credit note to the value of the original item. Please confirm, at the time of return.
All items cannot be refunded unless damaged or faulty upon receipt of the order.
Bespoke items which are damaged will be refunded or supplied with a credit note, or the customer given the option of a redesign. Please confirm with DIWAH.
Discounts or promotions are only offered in the form of emails to subscribers, on-site banners or advertisements. There is no cash alternative to any promotion or discount and all terms and conditions specific to that offer are non-negotiable.
Offers are only applicable to the specified products.
We reserve the right to cancel, end or change any promotions or discounts at any time.
Promotional codes cannot be used in conjunction with any other offer and can only be used once. Only valid on one transaction per person and cannot be used on multiple accounts.
Promotional codes must be inputted to the ‘Promotional Codes’ box on the shopping bag page before completion of your order.
All promotions, offers or discounts have a valid expiry date; please see original promotion terms and conditions.
Discounts and promotional codes cannot be added in retrospect to orders made prior to the offer.
If returning a pre-made or damaged item purchased using a promotional code, a credit note will be provided to the value of the discounted price paid, not the original price of the item.
COMPETITIONS AND PRIZES
All competition prizes are non-negotiable and cannot be exchanged for a cash value.
Competitions/ Prizes may vary; please see the terms and conditions specific to the competition.
As with all purchases, all terms and conditions apply.
USE OF THE DIWAH WEBSITE
By using this website, you agree that all information provided by you is accurate, current and true. Please update all changes in personal information need to be updated on your personal account.
You do not have permission to copy, republish, reproduce, download, transmit, broadcast or make available to the public any images, information or designs on this website for any reason, other than your own personal, non-commercial use.
You agree not to adapt, alter or use any aspect of this website for anything reason, other than your own personal, non-commercial use.
DESIGNS AND PROPOSALS
We love seeing your designs and your stylish and creative necklace ideas and would be happy to receive any designs, ideas or proposals, however, all communications of this kind sent to us will be deem non-confidential unless regarding a specific order placed with us.
Upon sending us any form of communication you allow us all rights and interests to the communication, royalty free. By entering into any form of communication with us you acknowledge that we may not return any designs or proposals to you, or continue the communication.
Additionally, you acknowledge that you own the rights to the communication and agree to indemnify us against any and all issues or claims that may be raised through the sending of your communication.
LIMITATION OF LIABILITY
Neither we nor any other part involved the administration of this website, will not be liable for any circumstances of losses resulting in your use of this website (foreseen, foreseeable, unknown or otherwise). This includes, but is not limited to, loss of profit (anticipated or otherwise), loss of opportunity, any damage to reputation, damage to property, loss of data, business or goodwill or any damages that may result from your use of this website.
We cannot guarantee that this website or its service provider it completely error free, virus free or can provide an uninterrupted or unfaulty service at all times.
If at any time there is any conflict or confusion between these terms and conditions and any other more specific terms and conditions featured anywhere else on the website, these terms and conditions will prevail.
SEVERANCE OF TERMS
If any of these terms and conditions is at any time legally prohibited or lawfully proved unenforceable or void, the provision of the term will be severed from these terms and conditions to the extent required by law. The affected term will be rendered ineffective without altering the enforceability of any of the other terms and conditions.
GOVERNING LAW AND JURISDITION
These terms and conditions will be interpreted and governed in accordance with UK law and any disputes or proceedings regarding the terms of this website are subject to the exclusive jurisdiction of the English courts.
BUYING FROM THE DIWAH WEBSITE
MAKING AN ORDER
When order a piece of jewellery through the website, your order represents an offer to us to purchase the products selected. We shall not obliged to accept your order. If we do, your order may be accepted by us when:
Your credit or debit card is debited or other payment method is cleared; and an email is correctly sent to you confirming the order and stating that we have accepted the order, to the e-mail address you supplied. (Note: It is your responsibility to verify that your e-mail inbox is in proper working order and is able to receive incoming communications).
PRICES, PAYMENT & AVAILABILITY
All prices and charges on the website are shown in UK pounds sterling. They do not include any delivery charges. These will be shown separately (where applicable) during the order process. Prices are subject to change at any time, but this will not affect any orders where a confirmation has been sent. The DIWAH website contains a large number of products and it is possible that, despite our attention to detail, some of the products listed may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation.
Delivery will be made to the address provided by you; see the Delivery and Returns page for more information.
RETURNS & CANCELLATIONS
Under legislation known as the Distance Selling Regulations, you have a right to cancel orders for certain items purchased from our website, within the statutory cooling-off period. This is 14 days from the day after the delivery date of the ‘pre-made design’ templates, all bespoke jewellery items (created or edited on the interface) are non cancellable. Bespoke items can be returned, If it is faulty. Please note that earrings, unless faulty, cannot be exchanged due to hygiene reasons.
Jewellery which may be returned must be not have been worn and it’s complete packaging. All tags/swing tickets must be in tact on the product and the item returned in its original boxes/packaging. We will not accept any products for a return if there is any indication it had been worn. In such cases, the products will be returned to the buyer. DIWAH is not responsible for any item that is not returned in the manner set out in these T&C.
To cancel your order, please provide us with written notice by email to enquiries, within the statutory cooling-off period and give details of the product you wish to return. If you exercise your right of cancellation after the item has been delivered to you on a ‘pre-made design’ or ‘ready-to-wear piece’, please replace the item securely in its original packing and return it to us with any dispatch documents to the following address:
4 Rosebery Crescent Jesmond Newcastle Upon Tyne NE3 1ET
A refund will be made to the card used when placing your original order and will be for the full amount of the product purchased – it is important that you return the products promptly so that we can carry out the refund within 7 days of receipt. Please note that you will be responsible for the delivery charges and costs of returning the items to us unless we delivered the item to you in error, or if the item in question is faulty. If we do not receive the item back from you, we may arrange for collection of the item from your delivery at your cost. All returns to be sent recorded/special delivery, so they can be tracked and accounted for in transit. Please also arrange suitable insurance for your item.
DISCOUNT VOUCHER CODES & GIFT VOUCHERS
Gift vouchers can be redeemed for DIWAH purchases directly fromusing the unique voucher code number. The voucher is valid for 6 months from date of purchase and it can be used in part payment for products of a higher value. Vouchers are not redeemable against shipping charges and are excluded from any free shipping promotion. Vouchers cannot be returned or refunded, except in accordance with your legal rights. Unused balances cannot be converted back into cash.
MATCHING SALE PRICES
DIWAH cannot agree to price match items that have subsequently gone down in price after the purchase was made online. When purchasing an item in the sale, there is always the possibility it could be subject to further mark downs and we are unable to refund the price difference.
Glossary of key terms
We/us – Relates to DIWAH Limited.
Cookies – Are small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
Product – Relates to a DIWAH product displayed for sale on the website.
Personal Information – These are the details provided by you on registration.
Users – Means you, the customers of the website.
Product Description – Relates to part of the website which sets out to describe certain features and characteristics of a product.
If you require any further information or assistance, please send an email to enquiries