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Sales and Delivery Terms

Sales and Delivery Terms for Consumer Purchases at DALBY DIAMONDS

  1. INTRODUCTION

1.1 These common sales and delivery terms (hence forth ”terms”) will be valid unless otherwise agreed upon between the customer and DALBY DIAMONDS. It is the customer’s responsibility to prove if any agreement has been made that diverges from the following terms.

1.2 The terms regulate the purchases made by the customer in a private setting (customer purchases). Please be advised that other terms apply if a customer is shopping at DALBY DIAMONDS in connection to his or her work or profession. ( trade purchases).

1.3 DALBY DIAMONDS deal a small set stock of diamond jewelry of the highest quality. In addition to that, DALBY DIAMONDS offer exclusive, custom made diamond jewelry, made to order. Such jewelry is produced according to the customer’s specific needs and wishes and is among other things not covered by the customer’s regular return policy, according to § 3.2 and §4.

1.4 You must be over 18 years of age to shop at www.dalbydiamonds.com – if you are under 18, a written consent from a parent or guardian is required.

  1. PURCHASE AGREEMENT COMMITMENT

2.1 The customer completes his or her order at DALBY DIAMOND’S website www.dalbydiamonds.com. At www.dalbydiamonds.com you can only order via our website. If the customer has enquiries about jewelry not featured on the website, contact DALBY DIAMONDS directly for guidance.

2.2 All prices are including VAT and other fees. Prices are regulated daily. All agreements made with DALBY DIAMONDS are made in Danish. Once DALBY DIAMONDS has received the customer’s order on-line, the customer will receive an order conformation via email. The order confirmation will, among other, provide an order number, an inventory of the order, the customer’s name and the shipping address where the order is set to be delivered. There is a binding purchase order once DALBY DIAMONDS have sent a purchase order via email to the customer with a conformation that the order is being processed. It is not possible to view previous orders on the website, so if the customer wishes to receive an order confirmation, it is possible via email to: info@dalbydiamonds.com.

2.3 To ensure the customer is treated correctly and fairly in regards to a possible reclamation or cancellation, all information given by the customer, along with the purchase agreement, will be stored by DALBY DIAMONDS for 2 years from the order date. The customer accepts that this data can be used by DALBY DIAMONDS in marketing to its customer base. If the customer so desires, it is possible to obtain a copy of the purchase agreement from DALBY DIAMONDS 2 years from order date.

  1. RETURN POLICY

3.1 Consumer purchase is covered by law 2004-06-09 number 451 (with later amendments) regarding certain consumer agreements, commonly referred to as “the door to door sales law” and the new Consumer Rights Directive, which entered into force on the 13th of June, 2014.

According to this law the customer has the right to repeal his or her purchase within 14 days from the customer receives the goods. The customer can change the item or receive credentials/ a voucher for later use. We do not refund for purchase. If the customer does not wish to return the goods in person, it is a requirement that the goods are sent via registered package post service or via courier in its original packaging.

This, however, only applies to standard goods that are taken into use in the same manor as if you bought the goods in a regular store and returned them within 14 days. The return policy does not cover specially made jewelry (including diamond rings which is individually fitted to the customer in size and custom made pieces), When returning stock pieces of jewelry where the packaging is opened and the jewelry worn, the entire purchase value minus possible devaluation of the piece due to handling other that what is necessary to establish the good’s properties and its function. If the goods have been taken into use further than what is described above, we consider the goods as worn and as such, the customer will not be permitted to return the return the goods for the purchase sum.

The return deadline expires 14 days from when you:

  1. Receive your goods
  2. Receive the last piece of goods when pertaining to an order made regarding several goods ordered simultaneously bur are delivered separately.
  3. Receive the last part or component of a larger order, with parts or components delivered separately.

The customer must within 14 days of receiving the goods inform DALBY DIAMONDS that he or she wishes to nullify the purchase. This must be done via email to: info@dalbydiamonds.com. Customer must clearly state that he or she wishes to make use of the return policy. The customer can also use our standard return policy form and attach it to the mail. The form is attached to the customer’s order confirmation and via this link: Fortrydelsesformular.

It is NOT possible to activate the return policy by simply refusing to receive the goods without expressly informing DALBY DIAMONDS of this before the receiving date.

3.2 The return policy is made active by the customer returning the goods to DALBY DIAMONDS by the expiration of the return deadline (see § 3.1). It is sufficient that the customer has handed to goods over to a trusted courier, such as Fedex, who has taken responsibility for the shipment of the goods to DALBY DIAMONDS. If the customer has taken the goods into use or broken the packaging, the customer can only return the goods under certain circumstances (§3.4). The goods, when returned, must be in reasonably the same condition as when delivered. Reimbursement and exchange to another product is calculated from of the good’s price minus exigent costs will happen as soon as possible and at the 14 days after DALBY DIAMONDS has received the goods and had a chance to survey them for flaws and damages.

3.3 Jewelry or/and investment grade diamonds that are specifically produced or adapted per the needs and wishes of the customer is according to ”the door to door sales law”, § 18 section 4, only covered by the return policy until the production, manufacturing or adaptation is commenced, when the customer beforehand has given consent to the commencement of these before the return policy deadline (§ 4).

  1. SALE OF GOODS TO BE MANUFACTURED BY THE SELLER

4.1 DALBY DIAMONDS offer custom made diamond jewelry of the highest quality. The jewelry is produced per the customer’s specific wishes and needs and there are special conditions concerning such purchases, see §§ 4.2-4.5.

4.2 DALBY DIAMONDS reserve the right to regulate the agreed upon prices for not yet delivered, custom made diamond jewelry in the event of price adjustments from suppliers, material price fluxuations, change in labour costs, government sanctions on the industry or other exigent circumstances.

4.3 The customer’s return rights as per § 4.1 only apply until the production or fitting has begun.

4.4 By payment of the purchase sum of a custom made piece of diamond jewelry, the customer is regarded as consenting to DALBY DIAMONDS commencing the production or fitting of the jewelry and as such, the return policy can no longer be activated by the customer, per § 18, section 4 of “The Door to Door Sales Law”.

4.5 By payment of the purchase sum, the customer declares that he or she is made aware of his or her general return policy and that this policy seizes to be in effect once the production or fitting of the diamond jewelry has commenced. If the customer desires to use the return policy, he or she must have informed DALBY DIAMONDS of such, before the time of production and/or fitting of the jewelry.

4.6 The provisions of §§ 4.1-4.5 are equally applicable regarding other gemstones that DALBY DIAMONDS agree to order home or manufacture on the behalf of the specific needs of the customer

 

5. PRICING AND PAYMENT

5.1 The product line and current prices are available at DALBY DIAMONDS’ website www.dalbydiamonds.com and/or through special offers from DALBY DIAMONDS. The listed prices are including VAT and other taxes and fees. Prices also include any domestic freight that should be on items of a specific nature. All prices are day to day prices.

5.2 Payment for ordered items is made through DALBY DIAMONDS’ webshop when ordering a piece of jewelry, or directly through bank transfer into DALBY DIAMONDS’ account. The amount is drawn from the customer’s account once the order is shipped for delivery.

5.3 Payment can be made with Dankort, MasterCard, Visa, JCB, UnionPay and American Express when the amount does not exceed 25.000 Danish kroner. For security reasons, any amount over 25.000 Danish kroner must be transferred directly via bank transfer into Nordea account: Reg. nr. 2230; account nr. 8979329491.

  1. DELIVERY

6.1 DALBY DIAMONDS will deliver the goods to the address provided by the customer throughout Denmark, as well as foreign delivery, if so agreed upon. The delivery time can be dependant on DALBY DIAMONDS’ international suppliers. The approximate delivery date is mentioned in the order confirmation as per § 2.2, but delays in delivery cannot be regarded as cause for termination by the customer. DALBY DIAMONDS reserve the right to make partial deliveries.

6.2 The cost of delivery is listed on www.dalbydiamonds.com where domestic delivery is included in the price (not covering Greenland and the Faroe Islands). Delivery is made via the security approved courier service FedEx.

  1. THE CUSTOMER’S OBLIGATION TO EXAMINE AND LACK OF CONFORMITY RIGHTS.

7.1 The general period for giving notice of lack of conformity is 2 years. However, the customer is obliged to examine the goods thoroughly as soon as he or she receives the goods. In the case the customer discovers faults in the delivered goods, the customer, in order not to lose the right to make those faults relevant at a later time, is obliged to notify of any faults without pause to DALBY DIAMONDS. It is recommended that any notice of lack of conformity is submitted electronically to info@dalbydiamonds.com. Any return of goods must be sent to DALBY DIAMONDS address as listed in § 10.1 and delivered via secure courier, such as FedEx. When returning as item, please describe any faults as detailed as possible. PLEASE NOTE! We do NOT receive packages COD.

7.2 When returning a faulty item to DALBY DIAMONDS (contact us for a shipping address), the item must be securely packaged in the original packaging as delivered by DALBY DIAMONDS. Damage to the item as a result of negligent packaging may cause the customer to forfeit his or her lack of conformity rights. When returning any item, the order number must be provided to DALBY DIAMONDS for reference.

7.3 Wear and tear does not fall under lack of conformity rights, not is it a fault in the item. All jewelry will show signs of wear when worn regularly. All types of surfaces(shiny, mat and so on) will change appearances as a result of wear. All surface coatings (oxidation, rhodium and so on) will, in time, disappear as a result of wear. The degree of wear is determined on how often the jewelry is worn. The jewelry must be worn with due observation for the jewelry’s construction. Tenuous and hollow designs along with jewelry with diamonds imbedded in common prongs (where the diamond shares prongs with the adjoining diamond) only suit gentle occasional wear. Items with fragile materials, including certain types of gems, are also only suited for gentle use. Compact and massive designs are better suited to daily wear.

To be able to enjoy your jewelry the longest, we recommend that you:

  • do not wear your jewelry while sleeping, showering, engage in sports, on the beach, doing yard work and orhter similar activities.
  • do not expose your jewelry to perfume, hair spray, body lotion, sunscreen, or other similar products with chemical compounds that may affect the materials of the jewelry.
  • regularly have your jewelry checked and serviced, as the sockets containing gems can loosen over time if subjected to bumps or drops.

Damages sustained accidentally (drops, bumps, hits or similar) are not included in the lack of conformity rights. Changes in color and spillover from metals due to the individual composition of perfume, creme, sweat and so forth are completely natural and safe and is therefore not included in the lack of conformity rights.

  1. RESERVATIONS

8.1 DALBY DIAMONDS are not obligated to accept the return of any goods besides what is covered by the customer’s right of withdrawal. In the case that DALBY DIAMONDS do grant a return of goods to the customer, DALBY DIAMONDS are entitled to impose a return fee of 50% of the good’s initial value. The customer holds all liability for returned goods until DALBY DIAMONDS have issued a credit note.

8.2 Within the limitations of the Sales & Delivery Terms, the customer is entitled to compensation according to relevant Danish law, which follows tort liability conditions at DALBY DIAMONDS. Any compensation payment made by DALBY DIAMONDS is limited to the initial purchase price plus shipping.

8.3 DALBY DIAMONDS are never responsible for compensating indirect loses, including lost profit, production losses, losses as a result of the incorrect usage of purchased goods or losses due to the collapse of any agreements made by the customer with third parties.

8.4 DALBY DIAMONDS are not liable for faults by other producers, partners, suppliers, or service providers and anyj such claims must be directed directly with the party in questions.

8.5 DALBY DIAMONDS reserve the right for increases in price, mistakes in printing, VAT and tax regulations as well as sold out items. Any special offers are only as long as stock is available.

8.6 DALBY DIAMONDS are not obligated to fulfill the purchase order if met with circumstances outside DALBY DIAMOND’s control, including-but not limited to- fire, war or military actions, uprisings, labor strikes, lockouts, natural disasters including lightning strike and floods, substantial and unavoidable breakdowns or interferences in the technical or electrical systems employed by DALBY DIAMONDS, all of which could not have been predicted by the placement time of the purchase order.

8.7 As far as the customer’s use of the website www.dalbydiamonds.com, please refer to the general terms and conditions for use of the website.

  1. PERSONAL DATA POLICY

By accepting our terms and conditions, you are automatically also accepting our Privacy Policy.

To be able to enter into an agreement with DALBY DIAMOND at www.dalbydiamonds.com,  the following information is necessary:

Name
Address
Phone Number
E-mail Address

We register all personal data with the purpose of successfully delivering your order to you. Personal data is registered at www.dalbydiamonds.com and stored for 5 years, at which time the data is deleted. When personal data is collected through our website, we ensure that we always do so with your expressed consent in order for you to know exactly what data is collected and stored.

The CEO of Dalbydiamonds.com is the one with access to any data stored. The data responsible at Dalbydiamonds.com is Sidsel Dalby Glerup, CEO. We do not store personal in encrypted files. We do not transmit personal data through encrypted channels.

Data given through Dalbydiamonds.com will in no fashion be passed on or sold to third parties and we do not register any sensitive information.

As registered at Dalbydiamonds.com you are always entitled to object to the registration. You are also entitled to gain insight into what data is stored about you. You have the rights according to the Personal Data Law and any enquiry in this matter must be sent via e-mail to info@dalbydiamonds.com

  1. DALBY DIAMONDS A/S

10.1 DALBY DIAMONDS A/S (VAT nr. 35037276) was established in 2013 by owner and CEO Sidsel Dalby Glerup. The company can be contacted during business hours from 9 AM to 18PM by phone: +45 7172 7274. Electronic mail must be sent to: info@dalbydiamonds.com. Regular mail must be sent to: DALBY DIAMONDS A/S, PO. BOX 29, 2900 Hellerup. Regarding lack of conformity notices and return policy enquiries, please contact us via e-mail: info@dalbydiamonds.com All practical information is displayed on DALBY DIAMONDS’ website: www.dalbydiamonds.com.

  1. FINAL PROVISIONS

11.1 Any disputes that may arise as a result of the purchase order, must be settled by Danish law at the Municipal Court of Copenhagen or the Maritime and Trade Court of Copenhagen, unless the Danish Administration of Justice Act conditions otherwise.

DALBY DIAMONDS A/S
c/o Christensen Kjærulff,
Store Kongensgade 68,
1264 Copenhagen
CVR-nr. 35037276
Telefon: +45 7172 7274
E-mail: info@dalbydiamonds.com
Web: www.dalbydiamonds.com

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