Terms and Conditions
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1. Definitions

Unless the context requires otherwise the following definitions apply

1.1 “Buyer” means the person who buys or agrees to buy Goods from the Seller

1.2 “Conditions” means

1.2.1 the terms and conditions set out

(a) in this document &

(b) in the Order Confirmation and

1.2.2 any special terms and conditions agreed in writing by the Seller and signed by an authorised representative of the Seller on its behalf

1.3 “Contract” means any contract between the Seller and the Buyer incorporating the Conditions

1.4 “Data” means any information supplied by the Buyer to the Seller

1.5 “DPA” means Data Protection Act 1998

1.6 “Delivery Date” means the date or dates specified by the Seller on which any Goods are to be delivered or made available for collection

1.7 “Goods” means any goods which the Buyer agrees to buy from the Seller

1.8 “Input Material” means any material (including information documents plans drawings photographs and film) supplied by the Buyer to the Seller relating to the Goods including for use by the Seller in designing them

1.9 “Intellectual Property Rights” means all patents copyrights design rights trade marks service marks trade secrets know-how database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same anywhere in the world

1.10 “Order Confirmation” means any notice sent by the Seller to the Buyer to confirm an order by the Buyer for any Goods

1.11 “Price” means the price for any Goods excluding carriage packing insurance and VAT

1.12 “Quotation” means any written or oral quotation provided by the Seller to the Buyer in respect of Goods

1.13 “Seller” means Wilbrahams Of Chorlton (company numberXXXXXXXX) trading as www.wilbrahamsofchorlton.com

1.14 “VAT” means Value Added Tax or any tax or duty which from time to time replaces it

1.15 “Working Day” means any day from Monday to Friday (inclusive) which is not Christmas Day Good Friday a statutory Bank Holiday or a day which falls between 26 December in any year and 2 January in the immediately following year

2. Conditions

2.1 The Conditions shall apply to all contracts by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document

2.2 Any Quotation shall be deemed to be an offer by the Seller to sell Goods pursuant to the Conditions

2.3 Once

2.3.1 an order has been placed by the Buyer for any Goods or

2.3.2 any Order Confirmation is sent or

2.3.3 despatch or delivery of any Goods by the Seller to the Buyer has been effected such event or events shall be deemed conclusive evidence of the Buyer’s acceptance of the Conditions

2.4 Any variation of the Conditions shall be ineffective unless agreed in writing by the Seller and signed by an authorised representative of the Seller on its behalf

3. Price and payment

3.1 The Price for the Goods shall be the price or prices set out in the relative Quotation or Order Confirmation inclusive of any VAT

3.2 The Price for any Goods is the Seller’s current list price

3.3 Payment of the Price and VAT shall be due on placing the order whether or not any of the Goods have been delivered to the Buyer and time for payment shall be of the essence

4. Goods

4.1 The quantity and description of any Goods shall be as set out

4.1.1 in the relative Quotation or Order Confirmation and/or

4.1.2 in any document or documents to which reference is made in the relative Quotation or Order Confirmation

4.2 The Seller may from time to time make changes in the specification of any Goods

4.2.1 which are required to comply with any applicable safety or statutory requirements or

4.2.2 which do not materially affect the quality of any Goods

4.3 Any contractual description of any Goods by the Seller relates to the identity of those Goods but only if it relates to a central characteristic of those Goods or to a substantial ingredient in their identity

5. Warranties and liability

5.1 All terms conditions warranties and representations (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in any document or documents to which reference is made in any Quotation or Order Confirmation) relating to the quality or fitness for purpose of any Goods are excluded to the fullest extent permitted by law

5.2 Any representations statements or warranties made or given by the Seller or its servants and agents (whether orally in writing or in any of the Seller’s brochures catalogues and advertisements) shall not be deemed

5.2.1 to form part of the Contract or

5.2.2 to have induced the Buyer to enter into the Contract

unless it is contained in any Quotation or Order Confirmation (or in any document or documents to which reference is made in them)

5.3 Nothing in the Conditions shall

5.3.1 restrict or exclude liability for death or personal injury caused by the negligence of the Seller or for fraud or

5.3.2 affect the statutory rights of a Buyer dealing as consumer

5.4 The Buyer shall be exclusively responsible for satisfying itself that any Goods are fit for the purpose intended for them by the Buyer

5.5 In no circumstances shall the Seller have any liability whatsoever for any advice provided to the Buyer unless it is in writing on the Seller’s headed paper and signed by an authorised representative of the Seller on its behalf following receipt of a suitable written specification from the Buyer

5.6 In no circumstances shall the Seller have any liability for checking or approving any specification or design provided by the Buyer for any Goods

6. Delivery of Goods

6.1 The Goods shall be delivered to the Buyer or made available for collection on (or as soon as reasonably practicable after) the Delivery Date

6.2 The Seller shall on request arrange for delivery of the Goods

6.2.1 to the Buyer’s billing address as stated on the Buyer’s credit card or

6.2.2 to such other address as the Buyer is able to prove to the satisfaction of the Seller is the Buyer’s business or residential address provided that the method of delivery and the choice of packaging and labelling of any Goods shall remain at the sole discretion of the Seller and the Seller reserves the right in its absolute discretion to refuse to deliver to a particular address

6.3 The Goods may be delivered in advance of the Delivery Date upon the Seller’s giving of reasonable notice to the Buyer

6.4 The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery

6.5 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all

6.6 If (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the Buyer

6.6.1 fails or declines to collect the Goods or

6.6.2 fails or declines to give the Seller adequate instructions for delivery of the Goods or

6.6.3 requests that the Seller do store the Goods for the time being

the Seller may (without prejudice to any other right or remedy available to it) make provision for the storage of the Goods

6.7 The Buyer shall on receipt of the Goods in the presence of the carrier’s representative check that the packaging is in order and any damage to or evidence of tampering with the packaging must be immediately reported to the Seller in writing (or by telephone and confirmed in writing within 48 hours thereafter) without opening the packaging which must be preserved to enable inspection by the Seller and the delivery must neither be accepted nor signed for

6.8 The Buyer shall on receipt of the Goods in the presence of the carrier’s representative if the packaging is in order open the packaging and any alleged non-delivery shortage damage fault defect error or failure to comply with description or sample in relation to such Goods noticeable on such inspection must be immediately reported to the Seller in writing (or by telephone and confirmed in writing within 48 hours thereafter) and the packaging and the contents must be preserved to enable inspection by the Seller

6.9 Notwithstanding the receipt by the Seller of any notice pursuant to clause 6.7 or clause 6.8 a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the Goods indicated on the advice sheet and ownership of them by the Buyer

6.10 If the Buyer is not asked to sign a carrier’s delivery advice sheet to acknowledge receipt of the Goods he must notify the Seller immediately in writing (or by telephone and confirm it in writing within 48 hours thereafter)

6.11 The Seller may cancel the Contract at any time with or without cause before the Goods are delivered by giving written notice to the Buyer to that effect and on giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price (including the Deposit) for such Goods and the Seller shall not be liable for any loss or damage whatever arising from such cancellation

6.12 Where the Goods are made pursuant to the Buyer’s specification or are otherwise personalised the Buyer shall have the right to cancel the relevant Contract within 7 Working Days of receiving the parcel but in all other cases the Buyer shall have the right to cancel any Contract within 14 Working Days of its formation provided that

6.12.1 the Goods are returned in their original condition (as judged by the Seller) and

6.12.2 either the relevant certificate or certificates from the appropriate laboratory are also returned or the Buyer pays to the Seller a charge as notified by the Seller to the Buyer for each missing certificate

7. Acceptance

7.1 The Buyer shall be deemed to have accepted any Goods after the relevant period referred to in paragraph 6.12

7.2 After such acceptance the Buyer shall not be entitled to reject any Goods which are not in accordance with the Contract

7.3 Notwithstanding section 35A (1) of the Sale of Goods Act 1979 acceptance of some of the Goods by the Buyer whether conforming to the Contract or not shall deprive the Buyer of the right to reject the rest of the Goods whether they conform to the Contract or not

7.4 No Goods delivered to the Buyer which are in accordance with the Contract shall be accepted for return without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf on terms to be determined at the absolute discretion of the Seller

7.5 If the Seller agrees to accept the return of any such Goods the Buyer shall be liable to pay the charges for shipment by the appropriate carrier

7.6 Goods returned without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf may at the Seller’s absolute discretion be returned to the Buyer or stored by the Seller at the Buyer’s cost without prejudice to any rights or remedies which the Seller may have

7.7 In the event that the Buyer declines to accept Goods in breach of the Contract the Buyer shall pay to the Seller as and by way of agreed liquidated damages an amount equal to the price of the Goods less the net proceeds received by the Seller on reselling the Goods after deducting the costs and expenses of resale

8. Time for delivery of Goods

The Delivery Date shall be treated as an estimate or estimates only unless the Seller has expressly undertaken in writing signed by an authorised representative of the Seller on its behalf to guarantee such delivery by a specified date and the Buyer shall provide to the Seller any Input Material as soon as possible after receipt of the Quotation or Order Confirmation to give the Seller a reasonable opportunity to comply with the Delivery Date

9. Intellectual property

The specifications and designs of and all Intellectual Property Rights in the Goods shall as between the parties be the property of the Seller or its suppliers

10. Remedies of Buyer

10.1 Where the Buyer rejects any Goods the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract

10.2 Where the Buyer accepts or has been deemed to have accepted any Goods the Seller shall have no liability whatever to the Buyer in respect of those Goods

10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of any Goods

10.4 The Seller shall be under no liability whatever to the Buyer for any

10.4.1 indirect loss or expense or damage suffered by the Buyer including

(a) loss of profit business anticipated savings business opportunity or goodwill or

(b) loss of data or

10.4.2 special damage even though the Seller was aware of the circumstances in which such special damage could arise or

10.4.3 liability to third parties incurred by the Buyer arising out of a breach by the Seller of the Contract

10.5 The Buyer shall within 3 (three) days of delivery notify the Seller in writing of any alleged non-delivery shortage damage fault defect error or failure to comply with description or sample in relation to any Goods which was not apparent on inspection on delivery

10.6 The Buyer shall afford the Seller an opportunity to inspect all Goods within a reasonable time following delivery of such Goods

10.7 If the Buyer discovers a defect in the Goods the Buyer

10.7.1 shall not use those Goods

10.7.2 shall afford the Seller an opportunity to inspect those Goods as soon as reasonably practicable after discovery of such defect and

10.7.3 shall not attempt to remedy any defect found in those Goods without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf

10.8 If the Seller agrees that any Goods are defective the Seller shall have the option at its sole discretion

10.8.1 to repair or replace the Goods or

10.8.2 to refund the Price of the Goods (in consideration of the return of such Goods) or

10.8.3 to pay over any insurance proceeds relating to those Goods or

10.8.4 to assign to the Buyer any rights which the Seller has against any third party manufacturer of those Goods or and any further liability to the Buyer in respect of those Goods is excluded to the fullest extent permitted by law but without prejudice to clause 5.3

10.9 If the Buyer fails to comply with any of clause 10.5 clause 10.6 or clause 10.7

10.9.1 the Goods shall be conclusively presumed to be

(a) in accordance with the Contract &

(b) free from any defect error or damage or shortfall which would be apparent on a reasonable examination of the Goods and

10.9.2 (without prejudice to the generality of clause 7.1) the Buyer shall be deemed to have accepted the Goods

10.10 Subject to clause 10.8 in the event of any breach of the Contract by the Seller the remedies of the Buyer shall be limited to damages and under no circumstances shall the liability of the Seller exceed the Price of those Goods to which that breach relates

10.11 Without prejudice to the generality of clause 10.2

10.11.1 any claims in respect of the alleged shortages of or damage to Goods must be notified to the Seller in writing within 3 (three) days of delivery and

10.11.2 the Seller shall be under no liability in respect of any Goods under the Contract if

(a) the Buyer has not paid in full for such Goods or

(b) the Buyer has executed or attempted to execute repairs or alterations to such Goods which are not authorised by the Seller or

(c) the Seller has not been notified of any defect in the Goods within 3 (three) days of the defect’s becoming apparent

10.12 The exclusions and restrictions in this clause 10 shall apply to the fullest extent permissible at law but without prejudice to clause 5.3

11. Data protection

11.1 The Buyer acknowledges and agrees that details of the Buyer’s name address and payment record may be submitted to a credit reference agency and that personal Data will be processed by and on behalf of the Seller

11.2 The Seller will maintain reasonable technical and organisational measures to minimise the risk

11.2.1 of any unauthorised or unlawful processing or

11.2.2 of any loss destruction or unauthorised disclosure of personal Data having regard to the nature of the personal Data to be protected but any liability on the part of the Seller for any and all liability loss damage and cost incurred by the Buyer as a result of any such unauthorised or unlawful processing or of any such loss destruction or unauthorised disclosure of personal Data is excluded to the fullest extent permitted by law

11.3 In supplying to the Seller the Input Material the Buyer

11.3.1 consents to the Seller’s use of the same for the purpose of providing the Goods and

11.3.2 acknowledges that it will not be entitled to be paid any remuneration by the Seller for the same

11.4 The Buyer warrants that the use by the Seller of the Input Material will not infringe the rights of any third party

11.5 The Buyer warrants that he is unaware of any use by any third party of any of the Input Material

11.6 The Buyer

11.6.1 acknowledges that the Seller will

(a) have no responsibility to check for itself any of the matters set out at clauses 11.4 and 11.5 above &

(b) enters into any Contract in reliance on the warranties given by the Buyer in these paragraphs and

11.6.2 will indemnify the Seller in respect of any loss claims damages costs and expenses incurred by it howsoever arising in connection with the Seller’s use of the Input Material

12. Third party rights

The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to the Contract and a person who is not a party to the Contract shall have no right under that Act to enforce any term of the Contract

13. Notices

13.1 Any notice under or in connection with the Contract shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery or facsimile or electronic mail at or to the address or number of the party set out in the Contract or at or to such other address or number as may be subsequently notified by one party to the other

13.2 In the absence of evidence of earlier receipt any notice shall be deemed to be duly served

13.2.1 if delivered personally when left at the address cited in clause 16.1

13.2.2 if sent by first class post 3 (three) days after posting and

13.2.3 if sent by recorded delivery or facsimile or electronic mail when received

14. Miscellaneous

14.1 General

In the Conditions

14.1.1 references to clauses are to clauses of this document

14.1.2 words importing gender include each other gender

14.1.3 references to persons include bodies corporate firms and unincorporated associations and that person’s legal and personal representatives successors and permitted assigns

14.1.4 the singular includes the plural and vice versa

14.1.5 clause headings are included for the convenience of the Seller and the Buyer only and do not affect the interpretation of the Conditions

14.1.6 references to all or any part of any statute or statutory instrument include any statutory amendment modification or re-enactment in force from time to time and references to any statute include any statutory instrument or regulations made under it

14.1.7 any obligation in the Conditions on a person not to do something includes an obligation not to agree to allow to permit or to acquiesce in that thing’s being done

14.1.8 unless the context otherwise requires any discretion conferred expressly or impliedly by the Conditions shall be deemed to be the Seller’s absolute discretion

14.1.9 the words

(a) “include” “includes” “including” “in particular” and “such as” are to be construed as if they were immediately followed by the words “without limitation” &

(b) “other” and “otherwise” are illustrative and shall not limit the sense of the words preceding them or succeeding them

14.1.10 a reference to “writing” or “written” includes telex facsimile electronic mail and comparable means of electronic communication and

14.1.11 to the extent of any inconsistencies between any or all of the documents referred to at paragraph 1.2 the document referred to at paragraph 1.2.1(a) (i.e. this document) shall prevail

14.2 Severance

Any provision of the Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of the Contract

14.3 Waiver

No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under the Contract shall prejudice its right to do so in the future.

14.4 Sub-contracting

The Seller may licence or sub-contract all or any part of its rights and obligations under the Contract without the Buyer’s consent but the Buyer may only do so with the Seller’s consent in writing signed by an authorised representative of the Seller on its behalf

14.5 Assignment

The Seller may assign the benefit of the Contract without the Buyer’s consent but the Buyer may only do so with the Seller’s consent in writing signed by an authorised representative of the Seller on its behalf

15. Proper law of contract

15.1 The Contract is subject to the law of England and Wales

15.2 All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales

16. Availablity of Goods

We are unable to guarantee the availability of the stones listed on this website. This is for the following reasons:

16.1. We have a list on our website of over 60,000 GIA certificated diamonds none of which are owned by us. We have to purchase the stones from our own suppliers.

16.2. The website is updated every 6 hours with available goods.

16.3. The prices are updated every hour based on the USD exchange rate.

16.4. The stones are located all around the world with many different suppliers.

16.5. The diamond market is very active and stones can come and go off the market in a matter of hours.

16. 6. Occasionally, there are errors (both human and IT) in respect of our website, including in terms of availability and pricing.

We will always do our best to ensure the accuracy of our website and to ensure that we supply to you the stone which you order and for the price listed at the time of your order. However, for the reasons stated above, we cannot guarantee it and this is why we have to reserve the right to cancel your order, with or without cause, as long as we refund you any sums paid by you to us in respect of the relevant order and we are unable to accept any liability to you beyond this.

To ensure the availability of a diamond on this website, please just check with us first before ordering.

Your understanding is appreciated.