WEBSITE TERMS & CONDITIONS

Terms & Conditions

This website kjj.diamonds (the “website”) is owned and operated by Katherine James Jewellery (“we” or “Katherine James Jewellery”), a company registered in England and Wales under company number 12353171 with its registered office at Katherine James Jewellery, Berkeley Suite, 35 Berkeley Square, Mayfair, London, W1J 5BF. You acknowledge that any use of this website by you, including any transactions that you may using it shall be subject to the terms and conditions listed below, which also incorporate our returns, delivery and payments policy. Please note that these terms also apply to any other contracts which you may make with us using remote communications technology such as a telephone (for example, if you view items on the website and call us directly to place an order).

Please read through these Terms and Conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

By using our website, you acknowledge and consent to Katherine James Jewellery collecting, processing and storing your personal data in accordance with our Privacy Policy.

Pricing

Title to any Goods you purchase on this website shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods. All prices stated on the website include all taxes (where applicable) at the applicable current rates and free delivery using Royal Mail Special Delivery in the UK which is insured.

Risk of loss and damage of products passes to you on the date when the products are delivered. In general the delivering agent will be: a) Royal Mail special delivery service for the United Kingdom (including the outer British Isles and Northern Ireland addresses); b) FedEx or UPS secure delivery for other worldwide destinations; c) In special circumstances, the delivery agent may be a different agent, nominated by Katherine James Jewellery.

The delivery address is provided by you when placing the order. Goods are deemed to be delivered when

• a) our delivering agent delivers them to the delivery address (signature of a delivery note will be requested at your specified delivery address).
• b) In the case attempted delivery (without success) the Goods will be deemed to have been delivered when you collect them from the indicated collection address. You are required to collect the Goods within 5 working days from receiving the notification the Goods are awaiting collection. Once the 5 working days have elapsed, Goods will be deemed rejected and we will retake possession. You will then be refunded the cost of the Goods less the cost of delivery and any costs charged to us by the relevant carrier for return (in the event that the Goods are bespoke/customised, we reserve the right to refund the cost of the item only, and not the cost of the bespoke services rendered in the making of that item).

In order to safeguard against theft, you are advised to provide us with a delivery address not accessible by third parties.

Liability

We will use reasonable endeavours to verify the accuracy of any information on the website but Katherine James Jewellery makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs. Katherine James Jewellery will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Katherine James Jewellery accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website.

Other than as expressly provided in these Terms and Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

Import Duty

If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country from which the Goods you order are destined. We will not be liable for any breach by you of any such laws.

Events outside 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.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this website shall remain at all times vested in us. You are only permitted to use this material if expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any video, pictures, text, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except for the purpose stated below.

You acknowledge and agree that the material and content contained within this website is made available to you for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

In particular, you acknowledge that ‘KJJ’' (the 'Trademark') is a registered trademark of Katherine James Jewellery and that the Trademark, nor any derivative or variation of it, may not be used in any way without our express permission (including without limitation as a 'hyperlink'). In particular you agree that you have no entitlement to use the Trademark in any way that is likely to cause confusion to customers or potential customers of Katherine James Jewellery, or in any way that discredits or may cause harm to the reputation of Katherine James Jewellery.

Nothing on this website should be construed as granting any licence or right to use any intellectual property rights inherent in it without the express written permission of Katherine James Jewellery.

Goods

Where you purchase bespoke or customised Goods from us, you acknowledge that all intellectual property rights inherent in such Goods remains the property of Katherine James Jewellery. Unless we specifically state otherwise, we grant you no rights to copy or make derivatives of such Goods and you agree that you shall refrain from doing so.

Viruses, Hacking and other offences

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 offence 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.

Transfer of rights and obligations

The Contract is binding on you and us and on our respective successors and assignees.You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations 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 term of the Contract. 

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 and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

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.

Law and jurisdiction

Contracts for the purchase of Goods through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

Third party rights

A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.