Terms of Sale

Whereas the Buyer is desirous of purchasing a Heart Diamond (the Product) from the Company.

Whereas the Company has agreed to sell the diamonds to the buyer subject to the following terms and conditions.

These terms and conditions may be changed or varied at the sole discretion of Anniversary Diamonds Limited, Registration Number 05694708 (the “Company”) at any time without any prior notice. You (the “Buyer”) should carefully go through the terms and conditions of this Agreement. By signing the order form (“Order Form”), you convey your acceptance of all the terms of this agreement (“Agreement”) including any conditions that may be mentioned in the Order Form.

1. Product

The Product is a rough laboratory created diamond from carbon of a sample of hair or any other Material (the “Material”) provided by the Buyer, and is thereafter cut and polished. The Product creation process takes place in conditions of high temperature and pressure, similar to those of diamond development in the Earth’s crust.

2. Material sent by buyer

The Material must be sealed in a zip-locked plastic bag and shipped to the Company to the following address: Anniversary Diamonds Limited, Office 333, 19-21 Crawford Street, London W1H 1PJ.

The Buyer warrants that samples of the Material provided by him to create the Product are lawfully in his possession and have not been encumbered by any third party liabilities. The Buyer also warrants that he has obtained the consent of third parties to use the Material in case any such consent is required. In the event of any claims and/or disputes connected with the rights to the Material, the Buyer shall settle all differences at his/her own expense.
 The Buyer further understands and agrees that

3. Payment terms

 The Buyer is required to make full payment once he has signed the Order. No order shall be accepted unless the Company has received100% payment. No refunds shall be allowed except in case where the Company communicates to the Buyer in writing that the Company is unable to accept and or execute the order.

4. No Warrantee

THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

The Buyer also understands that:

(i) Every diamond is grown individually and may contain extraneous matter;

(ii) The Company will endeavour to create a high quality diamond. If however, the quality may only be improved by reducing the weight of the diamond, Company shall inform the Buyer on the email address given by him and then proceed according to the option exercised by him through email;

(iii) The risk of loss of the Product is very small, but still exists.

5. Weight

In case the weight of the finished Product is less than that agreed between the Parties in the Order Form, the Company may in its sole discretion make a reduction in its price and accordingly make a refund to the Buyer. Company agrees, however, that in case the weight of the finished Product is more than that agreed between the Parties in the Order Form, the Company will not charge extra for such enhanced weight.  Any difference between the actual weight of the Product and that agreed between the Parties in the Order Form shall in no case be construed as a breach of the terms of this Agreement and the Buyer shall be bound to accept the same.

6. Indemnify

The Buyer agrees to indemnify, defend and hold the Company, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Company’s services and/or your breach of any term of this Agreement.

7. Force Majeure

Company shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity , telephone service, or internet and the Buyer will not have a right to terminate this Agreement. 

8. Refund

Company may however, in its sole discretion, make a refund either in part or in full as it deems fit in case it is unable to fulfill the Agreement to due to circumstances beyond its control.

The Buyer hereby acknowledge that the refund of money paid by the Buyer for the Product covers all losses of the Buyer in full, and the Company shall not be liable to the Buyer, or any third parties that may be directly or indirectly or potentially connected with this order, for any damage, whether direct or indirect or consequential or collateral or whatsoever else.

9. Warrantee

The Company does hereby warrant that the Product will be specified as a diamond and will be accompanied by a Certificate of Authenticity confirming the creation of a personalized diamond and including diamond grading report. If the diamond ordered is larger than 1/10 carat, it will also be accompanied with a diamond grading report from AnchorCert.

10. Jurisdiction

These Terms and Conditions and the Order Form are hereby duly drawn up in accordance with laws of England and Wales. In the event that any relationships of the Parties were not covered in these Terms and Conditions or Order Form, laws of England and Wales shall apply.

11. Only agreement

These Terms and Conditions and the Order Form constitute the final and only valid agreement between the Parties. All previous, concurrent, direct or indirect, or whatsoever other arrangements, understandings, discussions, etc. shall be null and void.

 12. Entire agreement

This Agreement contains the whole of the agreement between the parties in relation to the sale and any representation or warranty made by either party prior to entering into this agreement shall have no force or effect unless otherwise stated herein.

13.Waiver

The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder, whether by agreement of the parties or by custom, course of dealing or trade practice, shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by any party in exercising any right, power or remedy with respect to any of the provisions of this Agreement shall operate as a waiver of such provisions with respect to such occurrences.

14. Variation

Any amendments to or changes of these Terms and Conditions and the Order Form shall be deemed valid if made in writing and signed by both Parties or authorized representatives of the Parties.

15. Headings

The headings are given for convenience only and can not be used for interpreting this agreement.

16. Effect of Court Judgment and Severability of clauses