de beers website terms and conditions

(HONG KONG)

(These T&Cs were last revised on 17/04/2020)

Why are these terms and conditions important?

Please read these terms and conditions ("T&Cs") carefully before you submit any online order to us. These T&Cs tell you who we are, how we will provide products to you, how you and we may enter into, change or end contracts in relation to orders placed by you, what to do if there is a problem and other important information. In addition, clause 9 ('Your use of the Site') governs your use of this website (irrespective of whether you place an order with us or not).

By using this website or any other online and/or mobile website operated by us (the "Site") or placing an order, you agree to be bound by these T&Cs and the documents referred to within them. De Beers reserves the right to modify the T&Cs at any time and your continued use of the Site after any such modifications will be considered your acceptance of the T&Cs as modified provided that such modifications will not apply to orders placed prior to such modifications taking effect.  Please check this webpage on a regular basis and familiarise yourself with any changes as they are binding on you.  We will update the 'last revised' date at the top of this page when changes are made.  For the avoidance of doubt, our China website (www.debeers.cn) and our WeChat e-commerce platform, to which separate terms and conditions are applied, shall not be regarded as the Site of the purpose of these T&Cs.  For the purpose of these T&Cs only, PRC means the People's Republic of China, excluding the Hong Kong Special Administrative Region

References to "De Beers", "we" or "us" are references to De Beers Jewellers (Hong Kong) Ltd

1. ONLINE ORDERS - OUR CONTRACT WITH YOU

1.1. When you place an order online via the Site (an "Online Order"), you confirm that the information you provide as part of such Online Order is true, accurate and complete in all respects. By placing an order you confirm that you are of the age of majority in the jurisdiction in which you reside or are domiciled.

1.2. The steps required to form a binding contract between you and De Beers in relation to the purchase (by you) and supply (by us) of products are outlined below:

1.2.1. You place an order for products when you complete the online checkout process.

1.2.2. You will be given the opportunity to confirm the details of your order, including your address and payment details, and correct any orders prior to completing your order.

1.2.3. When you place an order, we will send you an acknowledgement email (with a copy of these T&Cs) to let you know that we have received your order. This is not an order confirmation or acceptance.

1.2.4. Once we have processed your order, we will send you a confirmation email to confirm that your order has been dispatched for delivery. This confirmation email is confirmation and acceptance of your order. Your payment card will be charged on dispatch.

1.2.5. We will contact you if we cannot accept your order, which may be the result of (i) the products not being available, (ii) a problem with your payment method, (iii) a pricing or product description error on the Site, (iv) our inability to deliver the products due to local import restrictions or requirements at your delivery destination or (v) your failure to meet our eligibility criteria for orders or your breach of any of the T&Cs or applicable law.

1.3. In respect of any contract formed between you and De Beers using this Site (pursuant to the process set out in clause 1.2 above), Appendix 1 sets out the governing law which shall apply and which courts shall have jurisdiction over such contract. In addition, mandatory laws of your country may also apply and, where required by applicable law, you may also be entitled to seek relief in your local courts.

2. OUR PRODUCTS

Product descriptions, pricing and availability

2.1. We will take all reasonable care to ensure that all details, descriptions and prices of products on our Site are accurate and kept up to date. Please consider, however, that due to features and traits of goods sold, product images may not always fully correspond to actual appearance of the products. We do not guarantee that the product images you see are an accurate representation; for example colours may differ from the images shown on the Site due to your computer/device screen resolution or settings.

2.2. We may change products shown on our site from time to time:

2.2.1. to reflect changes in relevant laws and regulatory requirements; and

2.2.2. to implement minor technical adjustments and improvements.

2.3. Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you with the correct price. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers on products may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer on the Site.

2.4. All orders are subject to availability. Once a product is sold out, it will be taken off the Site as soon as reasonably possible and may not be available again. If products that you order are out of stock we will not accept the order but will contact you and you may decide to cancel the whole or part of your order. If we are unable to contact you, we may, after a period of time, cancel the whole order or the relevant part of the order and process the remainder of the order at our discretion.

Made to measure products

2.5. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

3. PAYING FOR PRODUCTS

3.1. We accept payment by all major credit cards and debit cards, together with AliPay, WeChat Pay and any other card providers and payment mechanisms as specified in these T&Cs or the FAQs from time to time. Please see our FAQs for a full list of the payment methods accepted and accepted currencies.

3.2. Online Orders must be paid in the currency specified on the applicable Site. For example, if an item is ordered via the UK De Beers Site we will only accept payment in UK Pounds Sterling. If you choose to pay for an Online Order placed on our UK Site using a payment card with a foreign currency-denominated account, the payment will be taken in UK Pounds Sterling. Your payment card issuer will then convert the UK Pounds Sterling value, using their foreign exchange rates.

3.3. All prices shown on the Site (other than prices shown on our US Site and Canada Site) are inclusive of local sales taxes applicable to purchases on the relevant Site. In addition, depending on your shipping location, local import taxes may be applied to your order prior to checkout (for full information please refer to 'International Orders' below). Details of applicable taxes will be provided at checkout.

3.4. Except in respect of bespoke or personalised items, the amount of the purchase price will be blocked on your payment card until your order has been shipped, when your payment card will be charged the purchase price for your item(s). In respect of bespoke or personalised items (including products which are engraved), the full amount of the purchase price will be charged at the time of checkout. In respect of items collected in-store, the amount of the purchase price will be taken at the point at which the item becomes ready for collection.

3.5. We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent negligent, we will not, where allowed by law, be liable to you for any losses caused as a result of any unauthorised access to this data by a third party.

3.6. In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment or refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified by email or otherwise.

3.7. Prior to order confirmation, De Beers may contact you to ask for additional information or confirmation of identification for fraud prevention purposes. For information about how we process your personal data, please see our Privacy Policy

4. INTERNATIONAL ORDERS

4.1. For the purposes of these T&Cs, “International Order” means an order in respect of which the shipping origin and the shipping destination are in two separate countries.

4.2. International Orders may be subject to local taxes, import duties or other local requirements. Where possible, these taxes will be calculated and displayed at checkout before you confirm your order.

4.3. It is your responsibility to comply with all requirements imposed by local customs authorities in relation to your order (including requirements regarding the provision of identification information in order to receive your order). We recommend that you make yourself aware of local import duties and any other requirements before placing your order. De Beers is not responsible should local customs officers confiscate your products or charge any import duty on your products.

5. DELIVERY

Delivery options

5.1. Different delivery policies and options may apply depending on where your order is being delivered. Please visit the Delivery Options page or our FAQs for further information.

5.2. We do not charge for our standard shipping and handling option, but this option may not be available for International Orders or orders for certain products. At checkout you will be provided with an estimated delivery date for your items. Please refer to the Delivery Options page for further information.

5.3. The costs, delivery times and service levels of any non-standard shipping and handling options (including International Orders) can be found on the Delivery Options page. Please note that there may be a longer lead time between order confirmation and dispatch of your order if your items are bespoke or personalised (including products which are engraved). We will not be responsible if our supply of the products is prevented or delayed by an event outside our control (for example, a delay caused by a shipping carrier), but we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will inform you of any such event within 7 days and will arrange a new delivery date with you.

5.4. De Beers will use all reasonable endeavours to deliver products on time but cannot guarantee any time-sensitive requests.

Delivery process

5.5. Once your order has been processed and confirmed, De Beers will email you with the relevant courier name and courier tracking number (if applicable) and expected delivery date. We will aim for the delivery date to be no later than 30 days following the email date unless De Beers advises otherwise.

5.6. For security, all our products are sent by secure courier delivery, where original photographic proof of identity (such as a passport or identity card) and signature are required on delivery to show that the person taking receipt of the order is the same person named in the order details.

5.7. In case of a failed delivery attempt, the package will not be left with an alternative person or at an alternative delivery location. Instead, an attempt to re-deliver will be made by the courier company. Repeated failed delivery attempts will result in the package being returned to De Beers, the order cancelled and a refund being issued.

5.8. If De Beers does not have a store in the country you are based, our third party logistics provider may require your specific authorisation to clear your order through customs on your behalf. Where allowed by law, you hereby provide such authorisation to the relevant third party logistics provider (see https://www.dhl.com/ for details of the relevant third party logistics provider in respect of your country).

In-store collection

5.9. We may, at our discretion, allow you to collect any product you have ordered from one of our local retail stores. If you have opted to collect an order in-store (where such option is available), you will be required to bring to the relevant store, original photographic proof of your identity (such as a passport or identity card) together with your payment card used to place the order. You will be able to collect your order during the normal trading hours of the store concerned. Your product will be held at the store for 7 days after we have notified you the product is available for collection. If you do not collect the product within the 7 day period, the product will be returned to our storage facility and we will notify you how to arrange delivery to your address.

5.10. If you do not collect the product from us as arranged (or having failed to collect the item you subsequently fail to arrange delivery of the item to your address), we will attempt to contact you for further instructions. If we are unable to contact you or arrange delivery or collection within 30 days of the original collection date we may cancel your order and issued a refund (where payment has already been taken).

Your responsibilities in relation to delivery

5.11. The product will be your responsibility from the time we deliver the product to the delivery address you gave us or from the time you collect it from us.

5.12. Subject to clause 5.13, you own the goods once we deliver the product to the delivery address you gave us or from the time you collect it from us.

5.13. In respect of International Orders, clause 5.12 does not apply and instead you own the goods once you pay for them.

5.14. Should you wish to return an item, all products are sent out with information and materials to assist you with your return. Packaging should also be kept for the period you are able to return the goods, as this will help to ensure safe and secure return delivery. See 'Returns' below for more information.

5.15. You agree that you shall be responsible for complying with any applicable legal requirements once you have collected your product, including requirements which may arise when transporting your product to another country (such as completing any required customs declarations and paying any applicable taxes and/or customs duties).

6. AFTER SALES SERVICE

6.1. In addition to your statutory guarantee rights (see clause 9.2), we will repair or replace, free of charge (including costs of re-delivery) any products which are damaged or lost in transit where delivery is made by our shipping carrier, but only if:

6.2. you tell us about the damage or loss as soon as possible after the actual delivery date in the case of damage and as soon as possible after the expected delivery date we gave you when you placed your order in the case of loss; and

6.3. you produce to us all documents relating to the lost or damaged products and the original packaging for damaged products.

7. RETURNS

Our returns policy

7.1. While we hope you are delighted with your De Beers jewellery, you do have a right to withdraw from the contract and return the product within 30 days without giving any reason. This right of withdrawal applies to all products other than Non-Returnable Products (see clause 7.4). This is in addition to any statutory warranty rights that you may have (which may give you rights to return the product) and these are NOT limited or excluded.

7.2. Subject to clauses 7.3 and 9.2, if for any reason you decide not to keep your online purchase then we will accept returns of all products (other than Non-Returnable Products) in exchange for a full refund, provided that:

7.2.1. you return the product(s) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to De Beers (see below at clause 7.6) (note that the deadline is met if you send the product before the period of 14 days has expired) to the return address provided, or to a store (including one of our franchise stores for further information) in the country from which the item was shipped (if applicable);

7.2.2. the product(s) is/are in its/their original condition (other than removed from the packaging to inspect and try on) and is/are returned with all original packaging and enclosures (including any accompanying certificates); and

7.2.3. you enclose the original sales invoice when returning the product(s).

7.3. Except to the extent legally required, we do not provide direct exchanges in relation to returned items. If you wish to exchange your item for the same or another item then you must re-submit a new order for the relevant item.

7.4. To the extent legally permitted and other than in accordance with clause 9.2, we cannot accept returns of (and will not issue refunds in respect of) Non-Returnable Products, as detailed below in clause 7.19.

7.5. Please note that a different return policy may be applicable for in-store purchases.

How to return an item

7.6. Where you wish to return a product, please let us know by either:

7.6.1. contact the De Beers customer service team (by phone, or via post or email) at clientservices@debeers.com (note that you will need to provide a clear statement that you wish to cancel, together with you order number, your contact details and details of the products you wish to cancel), and we will arrange for collection of the item.

7.7. Alternatively, you can return items to a store in the country from which the item was shipped. Please see our Delivery Options page for further information.

7.8. Once the return details have been processed by us, we will send you an email confirming when to expect collection, the name of the courier company, and the tracking number for the package.

7.9. To ensure a safe and secure return of item, De Beers will arrange a secure courier collection of the item which will be fully insured, if the returned items are packaged and prepared in the following way:

7.9.1. place your jewellery items back within the De Beers presentation box;

7.9.2. then place the presentation box and all materials provided with the original order (including the certificate of authenticity and sales invoice) back within the original shipping box, where possible;

7.9.3. seal the shipping box;

7.9.4. place the shipping box in the white shipping pouch provided in the 'Return Pack';

7.9.5. attach a copy of the courier airway bill onto the front of the white shipping pouch. Keep the other copy of the airway bill;

7.9.6. seal the white shipping pouch by peeling off the seal number. Keep the seal number as a reference;

7.9.7. the De Beers Customer Service team will confirm with you the collection date, time and courier details;

7.9.8. prior to the courier arriving, ensure the package is sealed securely.

7.10. In the event that the requirements under clause 7.9 are not properly followed, De Beers will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.

7.11. Prior to returning your products to us, you are obliged to keep and take reasonable care of them.

Payment of refunds, delivery costs and costs of return

7.12. A refund will only be issued once De Beers has confirmed that the conditions for return (as set out in these T&Cs) have been met.

7.13. Refunds in respect of returned products can only be credited to the same method of payment as was used when you placed the order. You will not incur any fees as a result of the re-imbursement.

7.14. We will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you other than what is necessary to establish the nature, characteristics and functioning of the products. However, we will not be liable for any fee charged by your bank or financial institution in respect of any refund.

7.15. We will make reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your cancellation. However, in the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest.

7.16. Refunds and exchanges on purchases to which a promotional discount applied at the time of purchase will be calculated at the reduced price.

7.17. Subject to the other provisions of this clause 7 in respect of returns and refunds (if applicable), we will pay the costs of returning the relevant product(s):

7.17.1. if the products are faulty or not as described on the Site;

7.17.2. if you are ending the contract because we have told you of an upcoming change to the product or these T&Cs, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

7.17.3. if you are exercising your right to change your mind.

In all other circumstances you must pay the costs of returning the relevant product(s).

Products which cannot be returned

7.18. We cannot accept returns of products that have been worn, used, or otherwise altered or damaged as a result of use. We reserve the right to:

7.18.1. refuse return of any product that does not meet the return requirements as set out in this clause 7 according to our reasonable discretion; and/or

7.18.2. reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that does not meet the return requirements as set out in this clause 7 according to our reasonable discretion. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount as damages as determined by us according to our reasonable discretion.

7.19. There is no legal right to change your mind in respect of products which are made to your specifications or are personalised (including by engraving and bespoke items) (Non-Returnable Products), and (except where the products have been damaged or lost in transit where delivery is made by our shipping carrier) and other than in accordance with a statutory guarantee we will not accept returns of such products nor will we issue refunds in respect of such products. [Where a bespoke item does not match the specifications you have provided and to which we have confirmed our agreement, subject to availability, we will exchange the item free of charge so as to meet the correct specifications.]

8. OUR RIGHTS TO END THE CONTRACT

8.1. We may end our contract with you if you breach its terms or if:

8.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

8.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

8.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

9. YOUR RIGHTS

9.1. You have certain rights under consumer protection law in your place of residence. These may include:

9.1.1. that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

9.1.2. certain remedies (including replacements, refunds or repairs) if a product is defective; and.

9.1.3. a right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see clause 7.1 above).

9.2. For any product that you buy from us, you have a two year statutory guarantee during which you may use a number of remedies in case your product turns out not to be in conformity with these T&Cs.

9.3. Nothing in these T&Cs is intended to affect the rights set out in this clause 9, including statutory guarantees as set out above.  For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

10. YOUR USE OF THE SITE

10.1. The Site is for your personal and non-commercial use only. You agree that you are solely responsible for:

10.1.1. all costs and expenses you may incur in relation to your use of the Site; and

10.1.2. keeping your password and other account details confidential.

10.2. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at clientservices@debeers.com.

10.3. We may prevent or suspend your access to the Site if you do not comply with any part of these T&Cs, any terms or policies to which they refer or any applicable law.

10.4. You may not use the Site or its contents:

10.4.1. to download (other than page caching) or modify the Site, or any portion of it;

10.4.2. to interfere with or disrupt any network or Site connected to the Site or gain unauthorised access to other computer systems;

10.4.3. to interfere with the enjoyment or use of the Site by any other person;

10.4.4. for any purpose which is unlawful.

10.5. In addition you may not, in relation to the Site, use any:

10.5.1. data mining, robots, or similar data gathering and extraction tools;

10.5.2. framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the Site;

10.5.3. meta tags or any other hidden text which uses our name or trademarks.

10.6. Using the Site does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.

10.7. We do not represent or warrant that the material contained in the Site or any of the functions of the Site or our server(s) will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Site is provided as is. Accessing the Site is entirely at your own risk.

11. THIRD PARTY SITES

11.1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. We will remove any links to unlawful content once we become aware of such unlawful content. The display of any hyperlink and reference to any third party website does not mean that we endorse the third party or its website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

12. OTHER APPLICABLE POLICIES AND TERMS

12.1. You acknowledged that the following additional polices and terms shall apply to your use of the Site:

12.1.1. Our Privacy and Cookies Policy which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you acknowledge that you have read and understood or Privacy and Cookies Policy.

12.1.2. Our Acceptable Use Policy which sets out the permitted and prohibited uses of the Site. By using the Site, you agree to comply with this policy.

13. HOW TO CONTACT US

13.1. For complaints or other customer service queries please contact our Customer Service team at: clientservices@debeers.com , 17 Charterhouse Street, London, EC1N 6RA, United Kingdom.

14. OTHER IMPORTANT TERMS

14.1. This Site and all intellectual property rights in it are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these T&Cs. This means, for example, that we remain owners of such rights and we are free to use them as we see fit.

14.2. Nothing in these T&Cs grants you any legal rights in the Site (or any content contained therein) other than as necessary to enable you to access the Site. You agree not to modify, circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site (and you further agree not to attempt to do so).

14.3. Where allowed by law, you agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these T&Cs by you or by any other person accessing the Site using your account and/or your personal information.

14.4. To the fullest extent allowed by law, we disclaim any and all representations, warranties and conditions of any kind, whether express or implied, in relation to the products and services offered by De Beers. This does not affect your statutory rights as a consumer.

14.5. Where allowed by law and without infringing or otherwise affecting your statutory rights, we will not be liable, in contract, tort (including, without limitation, negligence), as a result of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise as a result of or in connection with the T&Cs for (i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (ii) any loss of goodwill or reputation; or (iii) any special or indirect losses, suffered or incurred by you arising out of or in connection with these T&Cs. Nothing in these T&Cs shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

14.6. We may transfer our rights and obligations under these T&Cs to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to cancel the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

14.7. You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing (including email) (such consent not to be unreasonably withheld). We may require the person to whom any rights or obligations are transferred to provide reasonable evidence that they are now the owner of the relevant product.

14.8. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these T&Cs.

14.9. No waiver by us shall be construed as a waiver of any right for any breach of these T&Cs.

14.10. If any provision of these T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining T&Cs.

14.11. These T&Cs govern our relationship with you. Your statutory rights are not affected by these T&Cs. Nothing in these T&Cs shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

14.12. Nothing in these T&Cs is intended to limit any statutory rights that you have as a consumer under applicable law to the extent that such rights cannot be limited under applicable law.

DElivery options

Please see below the possible delivery options for your item(s), which will depend on your location.   Prices for delivery will be calculated at checkout.

Delivery option	When can I select this option and how much does it cost?
Collect in store	If we have stores in your country, you can choose to collect your item(s) from any of our stores in that country.  For further details on where our stores are located, please see our list of stores, available here. We do not charge for our collect in store service.
National delivery	If we have a store in your country, you can choose to have your item(s) delivered to your address using our national delivery service.  No deliveries are made to P.O. Box addresses.  For further details on where our stores are located, please see our list of stores, available here. We do not charge for our national delivery service.
International delivery	If we do not have a store in your country, we will ship your item(s) to your address from one of our international locations.  In addition to any local taxes, there will be an additional delivery charge.  Prices for delivery will be calculated and disclosed at checkout prior to finalisation of the order.