Sky Mining Company Terms and Conditions
Terms and Conditions for the supply of Skydiamonds via the website skydiamond.com
Who we are
We are The Sky Mining Company Limited, a company registered in England and Wales. Our company registration number is 10153702 and our registered office is at Lion House, Rowcroft, Stroud, Gloucestershire, GL5 3BY. Our registered VAT number is 927-3346-15.
What these terms cover
These are the terms and conditions on which we supply Skydiamonds (also referred to here as ‘products’) to you.
How to contact us
You can contact us by writing to us at email@example.com. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
How we will accept your order
You place your order on our website: skydiamond.com.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock (see "Product Availability", below), because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but find that your order is subsequently cancelled due to unavailability of the selected product. You acknowledge that Skydiamonds are unique and individually created; that products may sell quickly; and that as a result we may be unable to deliver your order if it transpires that the product you have selected is no longer available. You agree that we may cancel your order in these circumstances before you have received an order confirmation without penalty.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the cuts and colours accurately, we cannot guarantee that a device's display accurately reflects the colour of the products. Your product may vary slightly from the images.
Although we have made every effort to be as accurate as possible, because Skydiamonds are handmade, all sizes, weights, dimensions and measurements indicated on our website have a 2% tolerance. The packaging of the product may vary from that shown in images on our website.
Products are individually priced. Subject to clause 11, the price of the product will be the price indicated on the order pages when you place your order.
We take all reasonable care to ensure that the price of the product advised to you is correct, however data, including prices, may be inaccurately displayed on our site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
Our prices are subject to change without notice.
We do not negotiate prices on our products and all our prices are final.
Value Added Tax (VAT) and Customs Charges
Value added tax (VAT) will be applied for all orders placed on the website within the United Kingdom. where applicable. The VAT amount is calculated based on the shipping destination of your order. Please note that this charge will appear in the shopping basket after you have entered a shipping destination.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
For deliveries outside of the United Kingdom, the price you pay on www.skydiamond.com will exclude all relevant import duties and sales taxes. As the recipient of the order, you must instead pay these duties and taxes directly to our courier to release your order from customs. As we are unable to advise the exact amount, we recommend contacting your local customs office or tax authority before placing a DAP (Delivery At Place) order. For all orders you assume all risk of confiscation en route. If customs should confiscate or return the merchandise to us, you are still responsible for all shipping charges including return shipping charges.
You must pay for the products before we dispatch them. You own a product once we have received payment in full.
After you have selected your product(s) and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.
By entering your payment information and submitting your order, you authorise us and our third party payment processors to charge the amount of the order to your selected payment method.
For your convenience, we offer the following payment methods: Credit and Debit cards: Use your Visa, MasterCard, or American Express credit card.
We do not sell or accept gift certificates on our UK Website.
The costs of delivery will be as displayed to you on our website.
We will deliver your products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
A product will become your responsibility from the time we deliver the product to the address you gave us.
We need certain information from you so that we can supply the products to you, for example your name, address and telephone number. If you do not provide this information, or provide incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work required as a result. We will not be responsible for supplying products late or not supplying any part of them if this is caused by you not giving us the information we require.
All shipments are fully insured. That means that your order is always shipped risk-free.
For added security, a signature will be required upon delivery of your order. It is your responsibility to make arrangements for someone to be available at the shipping destination to sign for receipt.
If you prefer, we can ship your order to an address other than your billing address. As a security precaution, we require that your alternate shipping address be on file with your credit card company. This step helps protect you from fraudulent charges to your credit card.
Your unique Skydiamond will have an equally unique certification code. When you order a Skydiamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of the most highly-respected diamond laboratories.
Order Cancellation & Return Policy
We offer customers 30 days from the day their order is dispatched to cancel or return their order, including where you have changed your mind about the product.
Alternatively, if you wish to exchange your product for a different product, this can be done up to 28 days from purchase providing that the item has not been worn or set into a piece of jewellery, is in perfect condition and in the original packaging. If the value of the new item exceeds the original, you will be required to pay the difference. If the value of the new item is lower than the original piece, then the difference will be credited to the credit or debit card originally used for the purchase or a credit note issued.
If you wish to cancel or return your purchase, simply download the returns form on our website and follow the instructions on our returns page. Note that once your item has shipped, your order cancellation will take effect after a) it is returned to us, and b) our quality assurance analyses your Skydiamond and verifies that it is in its original condition.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
Your right to end the contract
If your Skydiamond is faulty or misdescribed, you may have a legal right to end the contract, or to have the product repaired or replaced.
We are under a legal duty to supply products that conform with this contract. The Consumer Rights Act 2015 requires goods to be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:
(a) Up to 30 days: If your goods are faulty, you can receive an immediate refund
(b) Up to six months: if your products can't be repaired or replaced, then your're entitled to a full refund in most cases
(c) Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
If you wish to exercise your legal rights to reject products you must either post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please contact us to arrange returns.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment after our quality assurance analyses your Skydiamond and verifies that it is in its original condition.
If you have any questions or complaints about the product, please contact us at firstname.lastname@example.org.
In addition to your statutory rights, for the period of twelve months from purchase, we will repair or replace, at no charge, any Skydiamond that proves defective because of improper material or workmanship, under normal use and care.
Our Liability for Loss or Damage Suffered by You
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen, or if at the time the contract was made, both we and you knew it might happen.
Under no circumstances shall we be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
We do not exclude or limit our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
We only supply the Products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. If you have any questions, please do not hesitate to contact one of our diamond and jewellery experts at email@example.com
Products are (except as expressly stated by us) provided 'as is', without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under the contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If the court finds part of this contract illegal, the rest will continue in force.
Even if we delay in enforcing any of the terms of this contract, we will not be deemed to have waived the right to do so later.
These terms are governed by English law, and you can bring proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.