Terms & Conditions
Information about us
PS Diamonds Ltd will be referred to as ‘’Klarity London”, ‘’us’’ or ‘’we’’ throughout these terms and conditions, and linked pages. Users of this website will be referred to as “you” ‘’customer’’or the “user”.
The website www.klaritylondon.com is owned and operated by PS Diamonds Ltd. PS Diamonds Ltd is a company registered in England and Wales under company registration number 11733595 with its registered office located at 8C Canons Corner, Edgware, London, HA8 8AE, United Kingdom.
The contract between you and us
These Terms will apply to any contract between us for the sale of Goods to you (“Contract”).
Before commencing any orders from our website, please read all the Terms carefully and ensure you fully understand them. Prior to placing the order you will be prompted to agree to these Terms, if you choose not to accept these terms you will not be able to order any products from our website.
Our website is a user friendly and transparent website which guides you through stages you need to take, in order to place an order with us. At any stage of our ordering process, you will be allowed to amend any errors before submitting your order to us.
Other applicable Terms and Policies
The following additional Terms also apply and form part of our Terms and Conditions:
- our Privacy Policy which sets out the Terms on which we process any personal data we collect from you, or that you provide to us; and
- our Cookie Policy, which sets out information about the cookies used on the Website.
By using our Website, you acknowledge and consent to Klarity London collecting, processing and storing your personal data in accordance with our Privacy Policy and furthermore and you warrant that all data provided by you is accurate.
By using our Website, you consent to such processing. It is important that you read these Policies together with any other Privacy Notice or Fair Processing Notices that we may provide on the Website at or around the time that we collect or process personal data about you (for example, fair processing notices that we may display to you at the time that you sign up to receive e-mail updates from us) so that you are fully aware of how and why we are using that data.
Consumer rights
If you are contracting as a consumer (i.e., you are not purchasing either wholly or in part for your business or you are not a business) then you may be eligible to cancel the contract in accordance with you legal rights at any time within fourteen (14) working days from the date of delivery of the Goods. Please note that you can obtain more information regarding the returns of goods purchased through our website from the Returns & Exchange on our Support Page.
Cancellation by us
For any reason we could not fulfil your requested order, in the instance that it is out of stock, discontinued, shipping is not available to your area, does not meet the expected delivery date or there is an issue with the price on the website as mentioned in the (pricing page), we will notify you via email or by telephone and will cancel your order. We will refund you the full amount including any shipping cost that you may have already paid within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Payments of Goods
We accept Visa, MasterCard, American Express, Maestro and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to www.klaritylondon.com. Payment will be debited and cleared from your account upon dispatch of your order by Klarity London. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Klarity London, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All payments on Klarity London.com are processed via secure Shopify payments. We assume no liability whatsoever for the availability and functionality of these services. We assume no liability for any financial loss caused by the use of Shopify payment service.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay Later
- Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Pricing Policy
We will honour all prices and offers of goods advertised on our Website at the time you submit you order, except in cases of patent error. We try our best to ensure that all prices of good are accurate at the time when the relevant information was entered into the system.
In some rare cases, despite us trying our best to maintain the accuracy of our pricing on the Website for our goods, there maybe some discrepancies in the pricing or prices will change in response to currency exchange rate changes, markdowns and other commercial factors. If we notice any pricing error of the goods in your order, we will immediately inform your via email and give you an opportunity to continue purchasing the goods at the correct price or terminating the order. Please note your order will not be processed until we get instructed by you to do so. If we cannot contact you via the information you provided us during the order process, we will automatically cancel the order and inform you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from FeDEX or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Our pricing for the goods does not includes shipping, the shipping cost will be displayed to you during the check-out process before you confirm and submit your order to us. For more information on our shipping please refer to our Shipping & Delivery item on our Support Page.
Promotional Codes
Promotion Codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
We must receive full payment for the price of the goods that you order before your order can be accepted. Once we receive your payment we will send you confirmation via e-mail at the e-mail address you provide during your order process. Please note that this is not an Order Acceptance from Klarity London. Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with the clause "Right for you to cancel your contract" below. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Product Representation
Each of our products on the website are displayed in its most natural authentic colours and are for illustrative purposes only. Although we make every effort to be as precise as possible in showcasing the colour of the products, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Please keep in mind that your goods may slightly vary.
We also understand that due to the variation in monitor sizes, it can be hard to gauge an accurate size of the products, which is why we have displayed as much information on the measurements and quality of the diamonds and sapphires where possible. Our goal is make your buying experiences as easy and seamless as possible so that you can be comfortable in making your decision before placing your order.
All of our pieces are individually handcrafted especially to create the finest level of detail and perfection, therefore may vary slightly.
How we use your personal information
With your permission we only use your personal information in accordance with our PRIVACY POLICY
Please take time to read these as they form part of the Klarity London Terms which, as set out above, apply to you.
Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the Terms of the Contract.
As this is a Contract between you and us. No other person shall have any right to enforce any of its Terms.
Liability
- If you noticed that the goods we have delivered to you is not what you have ordered or damaged or defective or the delivery is an incorrect quantity, please notify us via e-mail of the problem within 7 working days of delivery of the good in question. If you fail to notify us within this period as stated we shall not be liable for the goods in question.
- If you fail to receive the goods that you have ordered within 7 working days of the date on which you ordered them, please ensure you contract us via e-mail or telephone at our contact address to notify us within fourteen (14) days from the date on which you ordered the goods. We will have no liability to you if you do not inform us within this period as stated. If you notify us of a problem under this condition, our only obligation will be, at your option either:
- to make good any shortage or non-delivery; or
- to replace any goods that are damaged or defective;
- or to refund to you the amount paid by you for the goods in question in whatever way we choose.
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 us of 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 above.
- 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 certain 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.
- Not withstanding 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.
- We cannot be held responsible for any delays once the goods have left us and are in possession of the Courier or Royal Mail.
Our liability to you as a Customer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
Nothing in these Terms excludes our liability for;
- death or personal injury arising from our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- defective Goods under the Consumer Protection Act 1987;
- or any other liability which cannot be excluded or limited under applicable law.
However, we will under no circumstances whatever be liable to you, whether in contract, tort, breach of statutory duty, or otherwise arising under or in connection with the Contract for:
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Your concerns or feedback
If you have any concerns or feedback about material which appears on our Website, please email us at contact@klaritylondon.com
Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent by email to our contact address at contact@klaritylondon.com and all notices from us to you will be either displayed on our Website or in writing and sent to the e-mail or postal address you provided us with when placing an order.
Please keep a copy of your notice that you served via email in any case we ask for prove that such e-mail was sent to the correct email address provided above.
Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by us.
Severability
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
Our rights to change or amend the Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. We will provide you with notice of the changes by publishing the updated Terms and Conditions on our Website. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. We will also endeavour to email you to notify you of material changes to the Terms and Conditions. If you do not accept to any change to the Terms and Conditions then you must immediately stop using the Website.
We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our Website. From time to time our site may contain technical inaccuracies or typographical errors.
Governing law and jurisdiction
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
Terms of Website Use
Whether you are a guest or registered user, before you commence using this website please ensure that you read the terms of the website (“Terms of Use”) carefully. By continuing to use our website you signify that you accept these terms of use and that your agree to be bound by them. Furthermore these terms of use also apply to your use of our website for the following:
Our Privacy Policy Notice set out in which we Klarity London collect and process your personal data in connection with our business. It also explains what rights you have to access or change your personal data. Our website is not intended for children. We do not knowingly collect or maintain the personal information of children under the age of 18. If you are under the age of 18, please do not access our website at any time or in any manner. We will take appropriate steps to delete the personal information of persons under the age of 18. By the continued use of our website, you consent to such processing and you confirm that all data provided by you is true and accurate.
Our Terms and Conditions of Supply which sets out the legal terms and conditions on which we sell Goods to you.
If you choose not to accept our Terms of Use, please discontinue using our Website immediately.
Accessing our website
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own Virus Protection Software.
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms, and that they comply with them.
Prohibitions of use
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to sue our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or any website linked to it.
Intellectual Property
In accessing the website you fully acknowledge and agree that the content made available to you on or through this Website remains the property of Klarity London Ltd. or its licensors and is protected by copyright laws and treaties around the world. All such rights are reserved.
You may store, print and display the content supplied solely for your own personal use and non-commercial use. You may not copy, publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without prior consent from us.
Third Party
1.Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
2.Third Party links for information purpose only: We may include hyperlinks on this Site to other websites or resources operated by parties other than Klarity London, including advertisers. Klarity London has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside of our reasonable control (a 'Force Majeure Event').
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- a) Strikes, lock-outs or other industrial action;
- b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- e) Impossibility of the use of public or private telecommunications networks;
- f) The acts, decrees, legislation, regulations or restrictions of any government;
- g) Pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Linking
From time to time we may link to other websites which are not within our control. When we do this, we will aim to make it as clear as possible that you are leaving our Website. We are not responsible for these websites in any way. It is your responsibility to do your check the Terms and Conditions and Privacy Policy on any other website which you visit.
You may not link to this Website from another website unless you comply with the following guidelines and obtain our consent in writing in advance (the granting of which may be subject to further conditions):
- links must be to the homepage of the Website at https://www.klaritylondon.com
- you may not create a frame or any other border around the website;
- the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and
- you must not imply that we endorse or are associated with any other website, product or service.
You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
You agree that when accessing the Website you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling technology.