Our terms and conditions apply to both the use of this website and/or when placing an order.
Use of this website indicates that you agree to be bound by these terms and conditions regardless of whether or not you choose to register or order from us. If you do not accept these terms please do not use this website.
The www.ethica.diamonds website is operated by: Kinetique Limited, a company registered in England and Wales. Our registered office is at:
Suite 1, Mansion House, Prince’s Street, Truro. Cornwall TR1 2RF
Our company registration number is 07226665. Our VAT registration number is 102320194GB.
We are a member of the following trade associations/professional bodies: The Ethical Company Organisation The Green Organisation
1.1 You will be able to access most of this website without registering your details with us but please bear in mind that certain areas are only open to you if you register. 1.2 We may revise these terms and conditions at any time by updating this posting meaning you need to check from time to time as any changes are binding. Certain provisions contained in our terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website. 1.3 If you have any concerns about any of the material on our website please contact us by email at [email protected]
2. ORDERING FROM US
2.1 You are deemed to have placed an order with us once you have used our online checkout process. As part of our checkout process you will be given the opportunity to recheck your order and to correct any errors. On receipt of your instruction we will send an acknowledgement detailing the item(s) you have requested. 2.2 Acceptance of an order is deemed to have taken place when we dispatch and send a confirmation email. At this stage the purchase contract will come into effect and you will be charged unless we have notified you previously that we are unable to accept your order or have received a timely cancellation. 2.3 Any order may be refused at our discretion. Circumstances likely to result in a refusal are:
where we cannot obtain authorisation for your payment
if there has been a pricing or product description error
if you do not meet any eligibility criteria set out in our terms and conditions
where goods, services or information ordered by you are not available
if we do not deliver to your area
2.4 In the event that we do not accept your order but have processed your payment we will re-credit your account as soon as possible. This will be no longer than 30 days from receipt of your order. We will not be obliged to pay any additional amount as compensation for disappointment. 2.5 We will do our absolute best to achieve a requested target delivery date, but we are not liable to pay compensation should we fail to meet a target date. 2.6 We can expedite your order under our Priority Service at an additional cost of £70.00. However, the extra cost incurred for our Priority Service is not refundable in the event of a returned or cancelled order. 2.7 Each piece of Jewellery is made to order and unique as it is not restocked or resold. For this reason, we cannot afford “buy-many-keep-one” purchases. Therefore, we would like to advise that unless you are wishing to keep all purchases that you make at the time of ordering, we suggest you keep your favourite piece in your order and we will help you delete other items. After you have got your package and if you are not happy, then we will accept an alternative order.
3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
4.1 We will deliver goods as soon as possible to the address you provide for delivery. You can update the delivery address by writing to us before your order is due to be delivered. 4.2 If the items we deliver are damaged, defective or the quantity is incorrect, we shall not be liable unless you notify us, in writing, at our contact address within 10 working days of delivery. 4.3 If you do not receive your items within 21 days of your scheduled delivery date we shall not be liable unless you notify us, in writing, at our contact address within 10 days following the 21 days. 4.4 If you notify a problem to us under these conditions you have the right to request one of the following options:
that we make good any shortage or non-delivery
that we replace or repair any damaged or defective goods
that we arrange a refund
5. PRODUCT LIABILITY
5.1 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 4.3(c) above. 5.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. 5.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS ONLY
This section applies to consumers only (not businesses or other organisations) who place an order with us.
6.1 If you wish to cancel your order prior to dispatch please notify us by email to [email protected] Where goods have already been dispatched you must return them to us in accordance with clause 4.2 above. 6.2 You can return goods you have ordered from us for any reason, except where the item is excluded as in clause 6.2.1, below. The jewellery that you wish to return for a refund must be arrive back to us within the 30 day approval period in new, unworn condition in its original packaging and with all documentation. 6.2.1 Items not covered by our money back guarantee include items returned without the security tag attached, earrings, unless faulty, due to hygiene, rings with engraving, full diamond set bands and bespoke designs that we have created, or customised, to your specification. 6.3 Upon receipt of the returned goods we will give you a full refund or an exchange credit as required. Items that have been worn and show signs of wear will be subject to a 15% restocking fee. 6.4 Returned orders need to be sent using adequate insurance such as Royal Mail Special Delivery. Ethica Diamonds is not responsible for damage or loss in transit and we are only responsible for packages once they are signed for by us. 6.5 The cost of returning unwanted items to us for a refund will be at your expense. 6.6 Only one item can be returned per customer. 6.7 We do not refund standard, international, or expedited shipping. Since shipping is free on all purchases made in the UK, you will be refunded the purchase amount minus £25.00 for the original shipping, handling and packaging costs. 6.8 For worn items returned within 30 days a restocking fee of 15% is deductible from the purchase price in addition to the £25.00 shipping fee. This covers the cost of inspection and re-rhodium plating and/or polishing so that we may sell it as a sale item. Jewellery that has been custom-made, engraved, altered, resized or damaged in any way, cannot be accepted for a refund. 6.9 The rights to return the goods to us as referred to in clause 6.2 will not apply if the product has been used or has been made or customised specifically for you. The provisions of this clause do not affect your statutory rights.
7.1 The jewellery that you wish to return for an exchange must be arrive back to us within the 30 day approval period in new, unworn condition. The date that your order is scheduled for delivery is classified as the first day of approval. 7.2 A straight exchange can be made if an item is of equal value. If an item is of greater value, please contact us to arrange additional payment. Likewise, if an item is of lesser value than the original purchase, a refund will be issued. We cannot exchange earrings unless we identify a genuine manufacturing fault. 7.3 The security tag must be still attached to the returned jewellery, for an exchange without signs of tampering or damage. 7.4 All original provenance must be included: Original certification card and paperwork, the presentation box, presentation box protector, and any other items returned in reusable condition. Damaged items will be subject to a deduction against the exchange. 7.5 The cost of returning unwanted items back to us and sending items for exchange out to you, will be at your expense. 7.6 If you purchased your order using a discount code, this will be honoured against your exchanged item/s. 7.7 For worn items returned for exchange within 30 days, a restocking fee of 15% is deductible against the exchange credit. This covers the cost of inspection and re-rhodium plating and/or polishing so that we may re-sell the item. 7.9 If the exchange value is more than £100 lower than the original order value, a charge of £25 will be made to cover the original postage and handling. 7.8 Only one item can be exchanged per customer.
8.1 You are permitted to print and download extracts from this website for private use only on the following basis:
no documents or related graphics on this website can be modified in any way
no graphics on this website to be used separately from accompanying text
copyright and trademark notices and this company name appear in all copies
8.2 Unless otherwise stated, the copyright and other intellectual property rights for all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause is prohibited. Should you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must destroy any such material immediately. 8.3 No part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission. 8.4 Any rights not expressly granted in these terms and conditions are reserved.
9. SERVICE ACCESS
9.1 While we endeavour to ensure that this website is normally available 24 hours a day we will not be liable if it is unavailable for any period of time or for any other reason. 9.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond our control.
10. VISITOR MATERIAL AND CONDUCT
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
for which you have not obtained all necessary licenses and/or approvals
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of, any third party in the UK or any other country
that is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data
10.3 You may not misuse the website, including, without limitation:
impersonating any person or entity
falsely misrepresenting your affiliation with a person or entity
stalking or harassing
collecting or storing personal data about other users
10.4 We will co-operate fully with any law enforcement authorities, or court order, requesting, or directing us to, disclose the identity or location of anyone posting any material in breach of these terms and conditions. 10.5 It is your responsibility to determine that any input to our site, including use of any chat room areas and including your choice of your user name, conforms to the above conditions. 10.6 If you notice any content that breaches these conditions please notify us by email to [email protected]
11. LINKS TO AND FROM OTHER WEBSITES
11.1 Links to third party websites are provided solely for your convenience. By using these links you will be leaving the Ethica Diamonds website. We cannot accept any responsibility for the content or availability of third party websites. We therefore do not endorse or make any representations about the sites themselves, any material found there, or any adverse results obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 11.2 If you would like to link to our website you may only do so on the basis that you link to, but do not replicate, the home page. Such links are subject to the following conditions:
you must not remove, distort or otherwise alter the size or appearance of the Ethica Diamonds logo
you must not create a frame, or any other browser, or border environment, around this website
you must not in any way imply that Ethica Diamonds are endorsing any products or services other than our own
you must not misrepresent your relationship with us, nor present any other false information about us
you must not otherwise use any Ethica Diamonds trademarks displayed on this website without our express written permission
you must not link to us from a website that is not owned by you
you must ensure that your website does not contain content that is: distasteful; offensive; controversial; infringes any intellectual property rights, or other rights, of any other person; or otherwise does not comply with all applicable laws and regulations
12.1 To register with www.ethica.diamonds you must be at least eighteen years of age. 12.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your username and password with any other person nor with multiple users on a network. 12.3 Responsibility for the security of any passwords rests with you and if you know, or suspect, that someone else knows your password you should contact us immediately. 12.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
13.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material therein. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date and we make no commitment to update such material. 13.2 Ethica Diamonds provide independent grading certificates with every Ethica diamond purchased over 4mm issued by the Global Gemological Research Institute. There will be minor discrepancies to the carat sizes advertised vs that from each grading. This variation is minimal and falls within the constraints of the dimensions given. In addition the grading is based on mm equivalent, not carat weight equivalent and the actual stone density is around 90% to that of diamond. 13.3 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to this Website. 13.4 Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event, or series of related events, is limited to the total amount of money which you have paid to us in the 12 months before the event(s) complained of. 13.5 Under no circumstance (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
loss of goodwill or reputation
special, indirect or consequential losses
damage to, or loss of, data (even if we have been advised of the possibility of such losses)
13.6 Nothing in these terms and conditions shall exclude or limit our liability for:
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
misrepresentation as to a fundamental matter
any liability which cannot be excluded or limited under applicable law
13.7 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website or our services, or the use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by, and construed, in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country. 14.2 We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom you do so at your own risk and you are responsible for compliance with local laws.
15.1 No person, other than the parties to these terms and conditions, are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999. 15.2 You may not assign, sub-license, or otherwise transfer any of your rights under these terms and conditions. 15.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
We offer 2 parts to our warranty, one is for the jewellery itself and the other is for the Ethica diamond/s.
16.1 Jewellery Warranty
A full 12-month warranty is provided on the jewellery against manufacturing defects. This covers things like porous metal during the manufacturing process/faults in the metal finish when the jewellery is first received etc.
You are covered for the loss of any stones for 30 days following purchase or 30 days following a resize. Except where the item is excluded as in clause 1, below.
You are covered for the tightening of any stones that become loose in the first 30 days of purchase or 30 days following a resize with us. Except where the item is excluded as in clause 1, below.
16.2 Jewellery Warranty Exclusions:
Wear and tear and damage through normal during this period.
Replating of white gold jewellery. We can offer re-rhodium plating service for a small charge plus postage to and from our workshop.
Repolishing and/or cleaning. We can offer this service for a small charge plus postage to and from our workshop.
Jewellery that is returned without original documentation and proof of purchase.
Ethica Diamonds jewellery that has been resized or altered by another jeweller. We are not be responsible for the jewellery itself or any damage/loss of the stones if it has been altered by a third party.
We are not responsible for the loss or loosening of stones after 30 days following any alteration/repair carried out by us.
16.3 Repairs, Resizing and delicate settings
Shoulder set rings or multi-stone rings that have been returned to us for resizing up, resizing down or rings returned to us for repair carry a risk of disturbing the side/shoulder stones in their setting. We will always take every possible precaution when we resize rings of this type and every claw securing every stone will be checked and secured by our setters before it leaves our workshop. However, once these types of rings have been altered from the original manufactured size, we cannot predict what may happen to it thereafter and responsibility then lies with the owner. Resized rings become more vulnerable and further disturbance to an altered setting can cause stones to loosen and/or fall out. Please ensure that you take extra care with sizing before ordering a ring with more than one stone because we are not responsible for the cost of repair to altered settings.
Often with diamond jewellery, there is a “bedding in” period which is more often than not within the first month of the diamond jewellery being worn when it is newly set. It is more commonly seen in gold rather than platinum because it is a softer metal, but it doesn’t exclude platinum. As the precious metal is worn, it warms up and cools down which can sometimes cause stones to become loose and sometimes rattle and is no means a reflection of the quality of product purchased.
Shoulder set designs, especially those with many small diamonds are more susceptible because the claws are so small and delicate, there is a greater chance for the tiny claws to loosen slightly over time which may lead to the stone eventually falling. It can also be caused by a clothing hitch that may have gone un-noticed or a slight knock which can slightly loosen the claws.
16.4 Ethica diamond Warranty
A lifetime guarantee is given on all Ethica diamonds against manufacturing defects only.
Loss of optical properties, discolouration, cracking or fracture to the stones as long as there are no signs of damage to the jewellery setting. We will inspect every item that is returned to us and advise accordingly if the repair is chargeable or not.
Lost stones if a manufacturing/setting fault is identified in the setting during the first 30 days of purchase or 30 days following any alteration/repair.
16.5 Ethica diamond Warranty Exclusions:
Wear and tear, damage or loss of the stones through normal use. We are not responsible for the loss of any stones after 30 days from the date of purchase or 30 days after any alteration/repair carried out by us.
The loss of optical properties due to negligence or incidental damage such as scraping or knocking.
Cracking or chipping through improper care or accidental damage. If there are signs of damage to the setting which indicate that it has been knocked or scraped, then replacement stones will be chargeable to the customer.
Jewellery that is returned without original documentation and proof of purchase.
All loose stones purchased from us, that are not set by us. Once you pass your personal possession to a third party, it is at your own risk. It is standard practice that jewellers will not be held accountable for damage to your jewellery including any of your stones once you instruct them to carry out work. We cannot be accountable for anything that happens to a stone that you purchase from us once authority is passed on.
17. ASSURANCE POLICY
17.1 We offer you cover for unintentional damage or accidents for unfortunate situations where your Ethica diamond is not covered under the lifetime guarantee. We will offer you a replacement for lost/damaged stone/s at a discounted fee of 30% off the retail cost. 17.2 Valid claims will be charged at this discounted fee per carat towards the replacement of the damaged stone/s plus shipping and the jewellery will need to be sent to us for inspection. This discounted charge covers replacement of the damaged Ethica diamond/s and re-setting of your replacements/s plus any repairs required to the setting. 17.3 The Ethica diamond Assurance Policy is for pre existing customers only.
18.1 At any time, you can upgrade your Ethica Diamond jewellery, as long as your trade-up exceeds the original purchase price by 50%. So, if you purchased an item for £1,000, you may trade it up for a piece that is £1,500 or greater. 18.2 Upgrades must be full price; without discount applied. Trade-in items must be in original condition. 18.3 If you decide to upgrade from an Ethica diamond to a CVD lab grown diamond, you will be credited the full price of the Ethica diamond toward the upgrade. 18.4 Upgrade purchases are excluded from the return policy, but may be exchanged; please see our exchange policy for details. 18.5 Ethica diamond Upgrade – If you purchased from us before April 2016, when we were trading as Kinetique Jewellery, you would have purchased one of our earlier stones. As we are the market leader in ethical diamonds, we continually search for the best diamond alternatives produced with genuine cvd diamond and technology advanced significantly in 2016, resulting in an even stronger more robust lab grown diamond that possesses more scintillation and sparkle than its predecessor. As an existing customer, you are eligible to upgrade to the latest technology at 50% off the current recommended retail cost for the most up to date Ethica diamond. Please CONTACT US for details.
19. OFFERS & DISCOUNTS
19.1 Custom orders are not eligible for discount. 19.2 Discounts &/or special seasonal offers cannot be used in conjunction with each other. If codes are used together and more than one discount code has been redeemed at the basket stage of the payment, we will ask you to pay the difference or we will give you the opportunity to cancel your order. 19.3 Introductory Discount is offered to new customers and will apply to single orders that exceed £1500. One code per customer may be used. Any future discount is offered at the discretion of a member of our team. 19.4 Black Friday discount only applies to transactions that are over the specified amount and one item at the threshold amount or more will qualify. Bundled items which equal the threshold of the offer will not be eligible and any discount which is applied at the checkout on non-qualifying orders will be refunded. 19.5 We cannot guarantee Christmas delivery on all Black Friday orders. This is due to the extra demands that our manufacturers must endure at this busy time. In addition, shoulder set rings and mêlée pieces require more time for the small stones to be set.