Welcome to the Diamond Pets website Terms and Conditions of use. These terms and conditions apply to the use of this website (https://diamondpets.co.uk).
By accessing the Diamond Pets website and/or placing any orders, you agree to be bound by our terms and conditions.
1. General
• These terms and conditions (“Terms”) explain your rights and obligations in relation to this website located at https://diamondpets.co.uk (“Site”) and any goods purchased through this Site. Please read them carefully. You may have other rights granted by law and these Terms do not affect these. If there is anything you do not understand then please contact us.
• This Site is operated by uCreations Ltd T/A Diamond Pets (“we”, “our”, “us”, “Diamond Pets”, “Diamond Pets London”). Our Trading Address is Diamond Pets, Broxbourne Business Centre, Unit 12, 4 Pindar Road, Hoddesdon, Hertfordshire, EN11 0FJ, United Kingdom. You can telephone us on +44(0)20 8152 5242.
• We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
• Company organisation number: 12959362
2. Use of the Site
• The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
• We reserve the right to suspend, restrict or terminate your use of this Site at any time.
3. Purchasing From Us
• The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes to the advertised goods prior to the dispatch of such goods. If you are unhappy with these improved, altered or modified goods you may inform us within 14 days starting from the day you acquire, or a third party other than the carrier and indicated by you acquires, the goods.
• Order postage costs will be refunded only if the item is deemed faulty by us upon receipt. Where an item is deemed faulty, the maximum refund amount for postage costs will be capped at £1.85, to cover the postage both ways. No postage refunds will be offered for exchanges or non-faulty returns.
• For non-faulty items, the buyer must cover the cost of return postage.
• Where a customer chooses an upgraded delivery option at checkout, the cost for delivery will not be refunded/credited against any subsequent orders or exchanges. Instead, the cost of the cheapest available delivery option will be refunded/credited. If a free delivery option is offered at checkout then no amount for delivery shall be awarded. For International (outside of UK) returns, a maximum of £1.85 in total will be offered to cover delivery costs (and only applies to faulty returns).
• Under no circumstances will import/export duty, VAT or any other taxes or charges relating to International shipping be covered / refunded by us.
• To be eligible for a refund, exchange or merchandise credit, items must be returned in new condition, unused, showing no signs of any wear or damage. The original packaging and all inserts / accessories must also be returned to us a new.
• It is the customer’s responsibility to ensure that all requirements have been met before returning an item to us. If you are unsure, please contact us before returning your item. If an item is returned to us and the return is rejected, then the customer will need to cover the full postage cost for us returning the item, plus an administrative processing fee of £10. Items will be held for a maximum of 14 days from when we notify a customer of the rejected return. Should return postage costs and our administrative fee not be paid and cleared in full within this timeframe, the item shall be deemed unclaimed and we reserve the right to dispose of it at our discretion.
• Diamond Pets gift cards shall not be redeemed for cash under any circumstances. Where an item has been purchased with a gift card and returned to us, if the item is found to be eligible for a refund, then this will be processed in the form of a gift card.
• Whilst we try to display goods on our Site that are held in stock, if the ordered goods are not available we will advise you of this as soon as reasonably possible and a full refund will be given.
• By submitting your order you are offering to buy and pay for the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers and other subcontractors).
• We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. Your order will be deemed to have been accepted when we dispatch to you the goods which form the subject matter of your order. We may at our total discretion reject your order.
• All drawings, specifications, sizes, photographs, videos, descriptive matter and advertising published by us or contained on our Site are issued only for giving an approximate idea of the goods described in them and colours shown are intended as a guide only. They do not form part of the Terms.
• Despite our best efforts, from time to time mistakes happen. If an incorrect item is dispatched to you, we will aim to rectify this for you in the shortest time possible. In order for us to ship the correct item, we will require you to return the incorrect item to us, unused, as new (including the original packaging and any inserts / accessories). Once your return has been received and accepted by us, your item will be shipped to you during our next available dispatch. We will also arrange to refund your return postage cost (up to a maximum of £1.85).
• We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
• The cost of communication for the conclusion of the contract is calculated at the basic rate.
• Although we will aim to deal with any returns as soon as possible, please allow up to 14 days from the time of our receipt of the item/s for your return to be processed.
4. Pricing
• All reasonable efforts have been made to ensure that the price information contained on the site is correct and up to date. However, we reserve the right to cancel an order if a price is inaccurate due to incorrect or out of date pricing.
5. Delivery
• We offer various delivery options at checkout. More information can be found on the respective websites (such as Royal Mail).
• By agreeing to these terms, you confirm that you have also read and agree to the information published on our Delivery information page found here: https://diamondpets.co.uk/delivery/
6. Damaged or Defective Goods
• If you discover a fault with an item, you must tell us as soon as possible – in writing. The item should no longer be worn/used so that the fault does not worsen. If allowed to develop into a more significant issue and/or the extent of the damage / fault worsens, a return will not be accepted. For instructions on how to return an item, please refer to our ‘Returns Policy’ here: https://diamondpets.co.uk/returns-and-exchanges/.
• Faulty items must be returned to us within 14 days of us first being notified of the fault, unless agreed otherwise, by us, in writing.
• Although we will aim to deal with any returns as soon as possible, please allow up to 14 days from the time of our receipt of the item/s for your return to be processed.
• Goods are covered from the initial date of purchase by a 6 month, fixed period, limited warranty (proof of purchase required). This warranty covers defects in material or workmanship that have not resulted from wear and tear, misuse, accidents or any other damage whatsoever including any unauthorised repair / attempted repair by any third party . This warranty is subject to the same terms and conditions that apply to faulty / defective goods – where these conditions have not been met, any warranty will be null and void.
7. Limitation of Liability
• Our liability for death or personal injury caused by our negligence is limited to the maximum extent permitted by law.
• All reasonable efforts have been made to try to ensure that the information contained on the site is correct and up to date. However, we cannot guarantee this is the case and we shall not be liable for inaccuracies or for your reliance on incorrect or out of date information. Whilst we will try to take all reasonable steps to protect your personal details, we cannot guarantee the security of any data you disclose online and will not be responsible for any breach of security. We do not have any liability to you arising out of your use or inability to use the site. We will not be liable to you for any unforeseeable losses.
• We will be excused from the performance of any of our obligations if caused by circumstances beyond our reasonable control or beyond the reasonable control of our suppliers, including without limit; industrial disputes, war, floods and changes in legislation.
• Save as set out in clause 6, our liability to you for:
• damage to physical property caused by our negligence or by the goods shall not exceed £50.00 per event or series of connected events (or the sum you have paid us for the item in relation to which you have the claim, whichever is less);
• subject to clause 6, the aggregate of all claims arising in connection with the goods (whether due to breach of contract, negligence, or otherwise) shall not exceed the price paid by you in respect of the goods that are the subject matter of the claim in question;
• except as set out in paragraph 5 above or as otherwise set out in this agreement, we disclaim all terms, conditions, representations and warranties (whether express or implied) to the extent permissible by law.
• any inaccuracies, omissions or misleading, false or deceptive statements in the content; or
• events beyond our reasonable control.
• Diamond Pets shall not be held liable for any loss or damage caused to any property or pet/animal, whatsoever, whether a result of direct or indirect use of our products.
Further, to the fullest extent permitted by law, we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website or any of our products whatsoever, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed fifty pounds (£50.00) or the sum you have paid us for the item, whichever is less, in relation to which you have the claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights.
8. Goods Purchased
Diamond Pets is under a legal obligation to guarantee the conformity of goods purchased. The goods are deemed to be in conformity if at the moment of delivery:
• they comply with the description given by the seller
• they are fit for the purposes for which goods of the same type are normally used
• they are fit for any particular purpose for which the consumer requires them and which was made known to the seller at the time of conclusion of the contract, and accepted by the seller
• their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the producer or his representative.
9. Aftersales & Complaints
If you need any aftersales assistance or have a problem with our products or service, our Customer Care Team are available by telephone on +44(0)20 8152 5242 Monday to Friday 9am – 6pm or email hello@diamondpets.co.uk. Alternatively, our business address is located at Diamond Pets, Broxbourne Business Centre, 4 Pindar Road, Hoddesdon, Hertfordshire, EN11 0FJ, United Kingdom.
For further information about your statutory rights, contact your local authority Trading Standards Department or consumer advice centre (for example the Citizen’s Advice Bureau if you are within the UK).
10. Customer Ratings & Reviews
The following Terms of Use are used to govern your conduct associated with the Customer Ratings and Review service offered by Diamond Pets. Any conflict between the Terms of Use and Diamond Pets Privacy Policy, the Terms of Use shall control with respect to the Customer Ratings and Review service.
By submitting any content to Diamond Pets, you confirm that:
• the content you submit does not violate the Terms of Use and will not cause injury to any person or entity
• you are the sole author and owner of any information provided on the Customer Ratings and Review service
• all content you submit is correct and entirely accurate
• you are 18 years old or above
• all “moral rights” that you may have in the content have been voluntarily waived by you
You further confirm and agree that any of the following content will not be submitted:
• That is known by you to be inaccurate, false or misleading
• That disobeys any third party’s copyright, patent, trademark, trade secret or other rights which go against the business, publicity or privacy.
• That breaches any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• That is or may be reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation
• For which you gained information or advice from any third party
• For which includes any details which reference other websites, addresses, email addresses, contact information or phone numbers
• That contains any damaging computer programs or files e.g. computer viruses or worms.
By submitting your email address to complete your rating and review, you agree that Diamond Pets may use your email address to contact you about the status of your review and other administrative purposes.
Any content that you submit for your review may be used at Diamond Pets’ sole discretion. Diamond Pets reserves the right to change, condense or delete any content on the website that Diamond Pets deems, in its sole discretion, to violate the content guidelines or any other part of the Terms of Use. We cannot guarantee that you will have any recourse through Diamond Pets to edit or delete any content you have submitted. Diamond Pets reserves the right to remove or refuse to post any submission for any reason. You understand and acknowledge that you, not Diamond Pets, are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Diamond Pets, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
You agree to indemnify and hold Diamond Pets (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Diamond Pets a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
11. Other Information of Which You Need To Be Aware
• Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
• This Site may contain links to other websites not under our control. We accept no responsibility or liability for the content or availability of those sites.
• We advise you to print a copy of these Terms and retain them for your information in the future.
• If any section of the Terms is held by a court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
• This agreement between us is personal to us and no other person who is not a party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
• The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
• The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
• We will not be liable for any direct or indirect losses related to computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including hyperlinks to or from third-party websites.
12. General Data Protection Regulation (GDPR)
• For more information on GDPR and how we handle your data, please see our dedicated GDPR page.
