The following constitutes a contract between Phoenix-Memorial-Diamonds.com (“the Company”) and you (“the Customer”) as the person signing this Order Form agreeing to these Terms & Conditions below.
Payment for the Diamonds(“Gems”) detailed on this Order Form shall be by a deposit of 50% of the Grand total payable upon placing the Order – this may by direct bank deposit or cleared cheque or irrevocable Bankers Draft. The adjusted balance (see 6.) shall be payable in full upon delivery. In the event of any failure in the payment, the gem(s) shall remain the property of The Company even if handed over in good faith.
We reserve the right to refuse to process any Order at our sole discretion. In that event the whole of the deposit shall be refunded and any donated material returned. As a courtesy, we offer 14 days “Cooling Off” from the date of signing during which time you may cancel for a full refund. After the 14 days, you must serve proven and written cancellation prior to the order commencing, in which case the deposit will be refunded less 5% for handling and processing. In the event of any lengthy delayed written cancellation by you, where processing or special delivery has been arranged and completed and/or where production of the gem has started, a fee will be incurred and will be payable by you. Such fee will be entirely at our discretion. It could be that stopping the process is impracticable or uneconomic. We reserve the right to proceed to completion and deal with the gem if we believe that this will be the best way to recover our costs. Due to the unique and individual make up of donated material, it is impossible to guarantee the final quality of gems, in certain cases impurities within donated material may result in a natural variation in colour shade and/or the gem may contain slight inclusions. However, with many years experience, our manufacturing process always aims for the highest quality attainable. Gems are cut by hand within a tolerance in weight of + /- 5 points (100pts=1crt). To be fair, we now charge for the exact delivered weight within those tolerances, you therefore agree to accept and pay a balance adjustment.
We take all care and responsibility for the construction of the gem but due to uncertainty in production “The Company” cannot guarantee the performance or completion of the Order. By placing the Order, you acknowledge and accept that if there is a failure during the course of construction in making the Gem, you shall have no right of legal action for any loss of whatever nature arising out of the failure to construct the gem. This clause is only operative in so far as it does not seek to remove or invalidate any of your rights under UK consumer legislation. In the event of failure to manufacture the Gem you will receive back your full deposit together with any unused material donated.
Where possible, gems will be delivered personally by “The Company” in the UK, or if impracticable or outside the UK then by secure courier or recorded delivery and/or trackable “secure mail”. We do not accept responsibility for any Gems or donated material being lost in the delivery system where these are matters beyond our control. It is necessary for us to use specially treated carbon collected and derived from the remains of a deceased person which may not be supplied in all cases by you but instead supplied by an Undertaker. You hereby authorise us to use the remains and confirm that no other person?s consent is required.
Gems will be supplied in a free presentation case or box or enclosure. Customers should inform us if Insurance against loss is being arranged. By signing this order, you agree that no foreign substance or other unstated material has been mixed with the donated material. The order is subject to production queues within the manufacturing stages. Whilst the production process usually takes approximately 12 to 15 weeks the production period could be up to 17 weeks for canary and 26 weeks for blue colours. Where an extension to the delivery date is unavoidable or required by circumstances beyond our control this is further accepted by the customer unless advised in writing, agreed and acknowledged. No variation to these terms and conditions shall be valid unless agreed in writing and signed by you and by an authorised representative of the Company. These terms and conditions are subject to and construed in accordance with English law. Printed on the order forms used by Phoenix-Diamonds.com & Phoenix-Memorial-Diamonds.com.