1) Purpose and scope of application
The purpose of these Terms and Conditions is to regulate the relationship between DIAMINA, a business entity of Spanish nationality, with registered office at Rambla Catalunya 18 – 08007 Barcelona (Spain), and Tax ID No. B65984965, registered in the BORME, Commercial Registry of BARCELONA T 43675 , F 78, S 8, H B 435109, I/A 1 (18.03.13), relating to all transactions made on the website located at “www.diamlab.es” (hereinafter, the “Online Store”).
You can contact us by phone at +34 931 820 041 or by sending an email to info@diamlab.eu.
2) Definitions
“Site Contract Documents” – The term includes these Terms and Conditions, the Privacy Notice, the Delivery, Returns and Cancellations Policy; in general, the term also includes any other contracts, agreements, notices or policies issued and published by the Company from time to time that are applicable to transactions conducted through the Online Store.
“Online Products” – Consists of all merchandise, gift certificates and, where applicable, services, which are available in the Online Store; items are not necessarily available or in stock at the time an Order is placed and may be changed, substituted or discontinued from time to time at the Company’s discretion.
“Purchase Order” or “Order” – The data message generated by the Customer to request the purchase of a product, and in which the Customer expresses its willingness to purchase such product in the quantity, price, terms and conditions set forth therein.
“Purchase Confirmation” – is the data message generated by the Online Store in which the Company expresses its acceptance to fulfill the Order offered by the Customer. The Purchase Confirmation confirms that the Company has sold and the Customer has purchased the relevant items and records the time of purchase. The message includes an order number so that the Customer can monitor the delivery of his order.
3) Acceptance of the order
The purchase of the products must be made through the activation of the button “CONFIRM ORDER” that appears at the bottom of the page of the purchase request, and expresses the total acceptance of each and every one of the Terms and Conditions as shown on the website www. diamlab.es prior to the purchase of the products, without the application of any changes that may occur in the clauses of the terms and conditions thereafter.
From the moment of acceptance, the user acquires the status of Client of the Company described in these terms and conditions. Any product or service subsequently offered by DIAMLAB must be the subject of a new contract.
If the Customer wishes to read the terms and conditions in more detail, he/she can print on paper or save the document in electronic format.
DIAMLAB has at the disposal of the Customer, once expressly accepted these terms and conditions, justification of the contract made, with all its terms, at any time after the purchase.
DIAMLAB informs you that it archives the electronic documents in which the purchases are formalized “and does not share them with anyone”.
In case the Customer makes a mistake when sending the data, he/she will be able to modify them in the MY ACCOUNT section and it will be taken into account for future purchases. In case the error occurs in the current order, the Customer should contact by email to “info@diamlab.eu”.
4) Shipping and handling information
Depending on the item(s) you purchase through the Online Store, different shipping methods are available to you. When you go to checkout, we will instruct you to choose the shipping method in relation to your order. Shipping costs are based on the shipping method you have chosen and are automatically calculated during the checkout process, before you finalize your order.
If you want to have the product as soon as possible and want to expedite the delivery to make it faster, you have the option of Express shipping. If you choose this option your order will arrive in at least two working days. The order must be received together with the credit authorization confirmation no later than 12:00 CET; otherwise we will not be able to process it until the following business day (we consider business days as working days from Monday to Friday, except for official holidays marked in the official calendar).
a.- Places of delivery:
We currently ship orders to mainland Spain and the Balearic Islands. For shipments to the Canary Islands, Ceuta and Melilla or other destinations, please contact us first. We do not ship to PO Boxes.
1. – Opening of packaging, Loss, Damage:
It is imperative to refuse any shipment that has been opened by the carrier, please notify us directly by phone: +34 665010070. If you accept an opened package, the insurance will not work and your order will not be refunded. You must also make sure that the delivered items correspond to your order and refuse them if this is not the case.
5) Order tracking and history
If you have an account at www.diamlab.eu, you can keep track of your orders by going to “My Account” and clicking on “View my orders”. There you can view your previous orders or view the status of your current order.
6) Product review
Please note that you assume the risk of the products you have ordered once the shipment is completed. If the packaging is damaged, please do not accept the shipment. Without prejudice to your rights, you are responsible for inspecting the product and notifying us of any complaints. In the event of defective products or non-conformity with your order, you have the option to return the defective product and we will refund the purchase price and all shipping charges.
7) Availability and validity of the offer
We strive to have stock of all items offered on the website. In the event that you order products from us that are not in stock, we reserve the right not to accept the offer. You will be informed by email and any further payment will, of course, be refunded.
Prices and offers appearing on the website are valid at the time they occur, unless other specific terms on the website indicate otherwise. Pricing errors or misspellings may occur.
8) Ordering
The Online Store is open 24 hours a day. However, the store may be closed for maintenance. For your convenience, we strive to perform such work at night.
To make purchases at www. diamlab.es you must be at least 18 years of age and have a credit card accepted by us, as described in paragraph 12 of these terms.
We may refuse an offer or cancel a purchase in any of the following situations, without being liable for any damages or costs. We will notify you by email prior to any action, to try to resolve the problem and refund any payment made:
-
Your payment information is incorrect or unverifiable;
-
Your order may have been placed for fraudulent purposes, or in connection with
a crime or other illegal activity;
-
An unintentional error has occurred in the Online Store, e.g. payment error,
etc…;
-
We have reason to believe that he is a minor;
-
The shipment is outside mainland Spain or the Balearic Islands, or the order
could not be delivered to the address provided by you.
By placing an order in our Online Store, you make us an offer to purchase the products you have selected in these terms and conditions. We may or may not accept the offer at our discretion.
We can only accept offers made through our Online Store. We cannot accept orders placed by email, telephone, letters or fax.
If a product other than the one ordered by the Customer was delivered by mistake by DIAMLAB, after its return, the correct product will be delivered, without any additional charge to the Customer.
If a product has reached the customer broken, damaged or in poor condition, DIAMLAB will replace it after its return with another in good condition, without additional charges.
9) Formalization of the purchase
It is formalized at the moment you click on “CONFIRM PURCHASE” and after the receipt shown on your screen, you are committed to make the purchase, however, please refer to the “Returns” section.
The receipt shown on your screen is an automated acknowledgment signifying that we have received your offer to purchase. However, the acknowledgement does not mean that we have accepted your offer, and we reserve the explicit right to reject your offer after we have received the automated acknowledgement, of which you will be duly notified.
If you made a mistake when ordering, please contact us and we will be happy to assist you. However, please always be sure to check your offer before ordering.
10) Return, exchange and/or refund policy
10.1. Exchanges and returns
If for any reason you are not satisfied with the parts purchased at www. diamlab.es, you have 14 calendar days from the date of purchase to return them. The order must be in perfect condition and in its original packaging.
We will proceed to refund the full price of the product using the same means of payment used by the customer for the initial transaction within 14 calendar days of receipt of the goods.
Shipping and handling charges or any other charges other than the amount of the products, plus commission and VAT, will not be reimbursed.
Customized or personalized products cannot be returned at the customer’s request.
Returns must be sent by registered mail or ideally by UPS and insured for the amount of the order, to our office, at the buyer’s responsibility and expense.
Returns Address:
DIAMINA
Rambla Catalunya, 18 – 6th floor 08007 Barcelona – Spain
Tel: +34 931 820 041
Email: info@diamlab.eu
As proof of your return, it is imperative that you keep the proof of return shipment so that we can track the delivery in our office.
Once the returned products have been checked, you will receive a confirmation email indicating that the amount will be credited to the same payment method used for the purchase.
Remember that the time period in which you will see the credit in your account will depend on your bank.
Returns will also be accepted by Gift Card and item exchanges, for an equal or higher amount.
10.2. Right of Withdrawal
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The customer shall not have the right of withdrawal in case the product is a customized or tailor-made product at the customer’s request.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement by the following means:
Postal mail
The customer may use the following text, although its use is not mandatory:
DIAMINA
Rambla Catalunya, 18 – 6th floor 08007 Barcelona – Spain
Tel: +34 931 820 041
Email: info@diamlab.eu
Mr./Ms. _________________________, with address at _________________ hereby informs you that I withdraw from our contract of sale of the following good(s) (Reference number corresponding to each item purchased) ________________________ with order number ____________________ ordered on _____________________ and received on ____________________.
Date:
Signature (only if submitted on paper):
E-mail address
The customer can use the form indicated in the previous section and send it to the following e-mail address: info@diamlab.eu.
Consequences of withdrawal
In case of withdrawal, we will refund all payments received after the purchase, including shipping costs (with the exception of the additional costs resulting from the customer’s choice of a delivery method other than the least expensive method of delivery offered by us) without undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of the decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by the customer for the initial transaction.
We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods by the required means.
You must return or deliver the goods directly to us without undue delay and in any event not later than 14 calendar days from the date of purchase. The deadline shall be deemed to have been met if you return the goods before this period has expired.
10.3. Payment on signal
The amount of a deposit on customized or made-to-measure products at the customer’s request will not be refunded.
These obligations have the logical sequence of constituting reciprocal rights for the other party, and thus the seller may demand the payment of the price and the buyer the delivery of the good. The contract is enforceable and can only be terminated for causes provided by law.
11) Fraud Check
In order to protect our customers and maintain the security of shopping online, we may perform checks on the information you provide when submitting an order. These checks may include address and payment method verification to prevent fraud.
12) Payment methods
We accept the following payment methods:
Credit card: Most major credit cards, Master Card, Visa, etc…
Bank Transfers: In our account, choose “Bank Transfer” and you will see the bank details.
Cash deposit: In our account, choose “Bank transfer” and you will see the bank details.
Cash payment at one of our offices: In this case please contact us to make an appointment. Cash payments over 999,00€ are not authorized.
Please note that we cannot accept payment methods not specified above. If you attempt to pay by any other method, we will not be liable for the loss of your payment or any other damages caused by your action.
Only payment in Euros is accepted.
1. a) Credit card verification number:
To maintain your own security and prevent fraud, you will be asked to enter your card verification number (CVV) when paying by credit card. You can find the 3-digit number on the back of your credit card. It usually appears to the right of your credit card number.
1. b) Payment processing:
When your request and details have been verified, payment will be deducted from your account. Please note that your billing address must be entered exactly as it appears on your bank statement.
13) Prices and taxes
All product prices, shipping costs and other services include VAT. Shipping costs are added per order. We will always inform you of the total price, including all taxes and other costs such as fees and possible delivery charges.
The prices shown on the website are those applicable at the time of purchase. Prices may be subject to change without notice, but changes will not affect orders we have accepted.
14) Secure purchase
DIAMLAB is committed to protecting our customers’ personal information. We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. All orders are transmitted in an encrypted format. To make sure your order is secure, simply check it in your web browser while you are in the order section. Most browsers use some type of symbol to alert you to the fact that you are on a secure website. We store your shipping and billing information when you create an account with us, but that information will not be used by anyone other than DIAMLAB and third parties who may provide services related to DIAMLAB as a secure payment platform, but in no case do we share your data for advertising purposes.
During checkout, the customer’s credit card identification number (CVV) is required for credit card purchases. The CVV is a 3 or 4 digit numeric value that provides encryption control of the information recorded on the card. This security feature is designed to protect the consumer against fraud. Your CVV will not be stored in our systems and you will have to provide the number each time you make a purchase at www.diamlab.eu.
15) Minors
Our site is not directed to children under 18 years of age. We do not knowingly collect or store information about minors. If we are informed that a minor has made a purchase without parental consent, we will immediately, upon parental request, cancel the sale.
16) Photographs
Some items may appear slightly larger or smaller than their actual size due to screen settings and photographic technique. Other items may be represented at a larger size than their actual size in order to clearly show details, or smaller than their actual size in order to show the entire item. Also, the color tones in the photographs of the products in the Online Store may be altered by the resolution of your monitor and may differ from the real ones.
17) Quality of jewelry and diamonds
Most of our diamonds from 0.30 carats and up are certified by the “IGI, International Gemological Institute” laboratory.
On this website www.diamlab.eu, we only sell laboratory diamonds.
18) Customer Service
For any complaint or query you can contact DIAMLAB through the section of the website or through the following means of communication:
Tel: +34 931 820 041 Email: info@diamlab.eu
19) Language
The language in which the contract between DIAMLAB and the Client will be perfected is English, Spanish or French.
20) Company Responsibilities
DIAMINA guarantees the quality of the service contracted through the Online Store. All rights guaranteed to consumers and users by the laws in force are guaranteed.
Failure to comply with any of these Terms and Conditions may result in the return of products or cancellation of Services purchased by the Customer.
21) Customer Responsibilities
The Client undertakes to make lawful use of the Services, without contravening current legislation or infringing the rights and interests of third parties.
The Client guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, avoiding causing damages to DIAMLAB, as a result of the incorrectness of the same.
Failure to comply with any of these terms and conditions may result in the withdrawal or cancellation of the Services by DIAMLAB without prior notice to the Client and without entitlement to any compensation.
22) Warranties
DIAMINA, will respond to the Customer for any lack of conformity of the deliveries within a period of two years, as established by current regulations. The legal warranty of our products is two years from the date of purchase. It is excluded the guarantee related to those damages caused by the use or by an inadequate use, as well as in general all those excluded by the in force legislation.
23) Jurisdiction and Applicable Law
The relationship between DIAMLAB and the Client shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Courts and Tribunals of the Client’s domicile.
The Company will pursue the breach of these Terms and Conditions, as well as any improper use of the website, exercising all civil and criminal actions that may correspond and are in law.
The European Commission provides consumers with a platform for the resolution of consumer complaints online, which you as a consumer can use and which is available at the following link: http://ec.europa.eu/consumers/odr/.