Terms & Conditions

TERMS AND CONDITIONS OF SALE & WEBSITE USE

1. INTRODUCTION & SCOPE OF AGREEMENT

1.1. These Terms and Conditions (“Terms”) govern all use of the website https://gemmsandco.com/ (the “Website”) and apply to all contracts for the sale of goods, bespoke design coordination, and adjustments (“Goods” or “Services”) entered into between GEMMSANDCO LIMITED (“we”, “us”, “our”) and any customer or user (“you”, “your”).

1.2. By accessing the Website, browsing, or placing an order, you warrant that you are at least 18 years of age and legally capable of entering into binding contracts.

1.3. We reserve the right to revise these Terms at any time. The version of the Terms in effect at the time of your order placement will govern the contract.

2. CONTRACT FORMATION & PRICING ERRORS

2.1. Order Acceptance & Binding Contract: The presentation of Goods on our Website constitutes an invitation to treat, not a binding offer. An automatically generated order acknowledgement email indicates receipt of your request, not legal acceptance. A legally binding contract is formed only when we issue a formal Dispatch Notification email (or an explicit Confirmation of Showroom Collection).

2.2. Pricing Errors & Availability: In the event of a pricing or system error, we are under no obligation to supply Goods at the incorrect price. We will notify you of the error and provide the option to proceed at the correct price within 48 hours or cancel your order for a full refund. We reserve the right to cancel any unfulfilled order prior to dispatch due to stock unavailability or pricing glitches.

2.3. Payment: Full payment is taken at the time of order placement via approved payment methods (credit/debit cards, bank transfer, or authorized finance providers).

3. BESPOKE, CUSTOMIZED & PERSONALIZED GOODS

3.1. Statutory Exception: Under Regulation 28(1)(b) of the Consumer Contracts Regulations 2013, the statutory 14-day right of cancellation does not apply to goods made to the consumer’s specifications or clearly personalized.

3.2. Definition of Bespoke/Customized Items: The following items are explicitly categorized as custom/personalized and are strictly non-refundable and non-exchangeable unless faulty upon receipt:

Items manufactured using custom CAD models or altered mounting specifications requested by you.
Rings or jewellery featuring personalized laser inscriptions or custom engravings.
Mountings altered or set with gemstones exceeding 4.00 carats.
Bespoke engagement rings.
Semi-mounts or settings custom fitted to customer-supplied gemstones.

3.3. Production Modifications: If you request structural changes (metal type, head style, size) to an order already in production, modifications can only be made if production/assembly can be halted. If work has commenced, a re-tooling and administrative fee of up to £120 will apply.

4. DIAMOND & GEMSTONE CERTIFICATES

4.1. Certificate Availability: Selected lab-grown and natural diamonds (where explicitly stated on the product page) are shipped with their original independent laboratory grading report (e.g., GIA, IGI, HRD). Laboratory reports are unique, irreplaceable documents.

4.2. Certificate Loss Penalty: If an eligible item is returned under our return policy without its original, undamaged grading report, a non-negotiable replacement fee of £250 will be deducted from your refund to cover laboratory recertification, secure international transit, and insurance.

5. RETURNS & CANCELLATION POLICY

5.1. Statutory Right (Standard Goods): For non-bespoke, non-engraved, standard production Goods, you have the statutory right to cancel your order within 14 days of receiving physical possession, plus a further 14 days from notification to return the Goods.

5.2. Return Condition Requirements: To be eligible for a return refund or exchange:

The item must be in pristine, unused condition with no signs of wear, alteration, or damage.
All original packaging, protective materials, and accompanying laboratory certificates must be returned intact.
Returns must be dispatched promptly following your cancellation request to ensure timely processing at our distribution center.

5.3. High-Value Threshold: For orders valued at £15,000.00 or higher, cancellation notifications must be made strictly within 14 calendar days of delivery.

5.4. Anti-Bracketing Clause: Our return policy does not apply to orders where two or more high-value items are purchased simultaneously with the intention of returning one or more for comparison ("bracketing"). In such instances, all items become final sale unless statutory defects exist.

5.5. Return Logistics & Stealth Packaging: Return postage and insurance costs are the sole responsibility of the customer (unless the item is confirmed faulty). For security against transit theft, you must not write words such as "Diamonds", "Jewellers", or "Gold" on exterior packaging. Parcels must be shipped via tracked, insured delivery addressed strictly to our corporate entity: GEMMSANDCO LIMITED.

6. DELIVERY & RISK OF LOSS

6.1. Transfer of Risk: In accordance with Section 29 of the UK Consumer Rights Act 2015, risk of loss or damage to Goods remains with us until the Goods come into the physical possession of you or your designated recipient.

6.2. Delivery Address Checks: Orders placed via finance will only be dispatched to the billing address approved by the credit provider. For non-billing address shipping, we reserve the right to request identity verification (e.g., government ID and proof of address) processed under UK GDPR standards.

6.3. Non-Delivery Notification: You must notify us in writing within 72 hours of receiving your Dispatch Notification if your parcel has not arrived within the estimated timeframe.

7. PRODUCT TOLERANCES & HALLMARKING

7.1. Tolerances: Fine jewellery involves hand craftsmanship and natural stone extraction. Diamond/metal weights and millimeter measurements published on the Website are target estimates subject to a variance of up to ±5%. Onscreen images are magnified for visual detail; exact screen color accuracy is not guaranteed due to monitor variations.

7.2. Hallmarking Compliance: All gold, silver, platinum, and palladium items sold meet statutory UK legal standards of purity and are independently tested and hallmarked by an Assay Office in the United Kingdom pursuant to the Hallmarking Act 1973.

8. COMPLIMENTARY RING RESIZING & SPECIAL OPERATIONS

8.1. We offer one (1) complimentary soft ring resize within 90 days of initial delivery for standard ring styles, subject to stock, design, and resize capabilities.

8.2. Exclusions & Costs: Full eternity bands, micro-pave eternity bands, or heavily patterned designs cannot be resized and must be remade. Rings requiring re-engraving due to resizing will incur a re-engraving fee. Subsequent resizes or requests made after 90 days are subject to a standard service fee starting at £55 plus insured shipping.

9. WARRANTY & THIRD-PARTY ALTERATIONS

9.1. Scope: We offer a Warranty covering latent manufacturing and factory defects in materials and workmanship.

9.2. Exclusions: The warranty explicitly excludes normal wear and tear, surface scratching, malleable metal distortion caused by daily pressure, bent prongs, chipped or dislodged center stones resulting from external impact, and failure to perform annual servicing.

9.3. Third-Party Voiding Clause: Any resizing, repair, setting, polish, or alteration performed by any third-party jeweller or service provider immediately and permanently voids all warranties and discretionary return rights.

10. MEDIA & MARKETING RIGHTS

10.1. All promotional materials, digital assets, product photography, and media displayed on the Website are the property of GEMMSANDCO LIMITED or used under authorized license from our suppliers.

10.2. We reserve the right to publish photography or videography of items fulfilled through our store on our digital and social media channels 60 days following customer collection or dispatch, unless you explicitly request a publication deferral in writing prior to order confirmation.

11. LIMITATION OF LIABILITY & GOVERNING LAW

11.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or statutory rights guaranteed under the UK Consumer Rights Act 2015.

11.2. Subject to Clause 11.1, our total cumulative liability to you for any claim arising out of any contract shall not exceed the total price paid by you for the Goods ordered.

11.3. These Terms are governed by and construed in accordance with the laws of England and Wales, subject to the exclusive jurisdiction of the courts of England and Wales.