Diamondthrills Hire Terms and Conditions (“Terms”)

1. Acceptance

These are the Terms which apply to all transactions on www.diamondthrills.co.uk (the “Website”) and your use of the Website itself. By viewing the Website and using the Service offered, you are accepting these Terms. If you do not agree to these terms and conditions, then you should not use the Service or visit the Website.

Diamondthrills is the trading name of Diamondthrills Limited, a company registered in England and Wales (company number 06778563) which is based in London, England and operates the Website. The company’s registered office address is at 201 Block B, 27 Green Walk, London SE1 4TX.

In these terms “we” refers to Diamondthrills and “you” and “your” refers to any visitor to the Website or any Diamondthrills customer.

2. The Service

Diamondthrills offers diamond jewellery for hire (the “Service”) in the United Kingdom. In return for the payment of the hire fee and any security deposit that may be required we will provide the requested product for an agreed time period. Before we agree to hire any jewellery to you, we will require full personal details including your name, address, date of birth, credit card details and other identification we may require from time to time. You agree to provide us with such information and warrant that it will be true and accurate. In the event we have any suspicions about the veracity or accuracy of any information you have provided, we may make further investigations and we may refuse to enter into an agreement with you for the hire of any jewellery.

We reserve the right to run an identity check on you with Experian before we enter into any agreement for hire and you expressly agree to us obtaining such information as we consider necessary in order to protect ourselves about you and your identity.

In using the Service you expressly agree that we may undertake a search with Experian for the purposes of verifying your identity. To do so Experian may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.

3. Payment Terms

All hire charges which will include delivery charges are shown on the Website in £ sterling. You agree to pay the hire charges and all applicable taxes for the hire of each piece of jewellery before it is sent to you. All payments must be made by credit or debit card and payment will be debited from your card before the dispatch of the jewellery you have hired.

In addition to the hire fee we will take a temporary security deposit equal to 10% of the retail value of the jewellery (as quoted on the Website); the security deposit will be credited back to your card once the jewellery is satisfactorily returned to Diamondthrills. In certain circumstances we reserve the right to require a deposit of up to 50% of the retail value of the jewellery being hired, at our sole discretion.

4. Availability

All jewellery displayed on the Website is subject to availability and may be changed at any time. If your order cannot be fulfilled you will be offered an alternative or given a full refund.

5. Delivery

Delivery is free and will be either by Royal Mail Special Delivery, by courier or by hand. A signature will be required and we may require you to provide identification either in the form of a current passport or driving licence.

6. Return of Items

You agree to return anything you have hired from us on or before the date notified to you for return. There are no fixed hire periods and a period will be agreed in respect of each hire. We will also agree in advance whether jewellery should be returned by post (using Special Delivery or such other service as we may agree) or by courier or other collection method.

We would ask you to ensure that the jewellery is packed as carefully and securely as it was when it was delivered to you. We will provide you with packaging when we send the jewellery to you and you should use this packaging to return the jewellery to us.  If applicable, a return Special Delivery envelope will be included when we send the jewellery to you.

7. Damage or Loss of Jewellery

You undertake to use your best endeavours to look after and keep the jewellery safe during the hire period and treat it with at least the same degree of care as if it was your own. You agree that this will include (but not be limited to) keeping the jewellery securely locked away whilst not in use or in your immediate possession, at all times, and not leaving it unattended in a car (whether or not locked), luggage, or other location where it could be at risk of damage or theft.

If we do not receive the jewellery back by the time we have agreed we shall charge you for a further period of hire, equal in cost to the initial hire period. Thereafter we reserve the right to treat the jewellery as lost and to charge you with the full cost of replacement which you should assume is equal to the retail value of the jewellery as quoted on the Website.

All our jewellery is authentic, valuable and provided to you in pristine condition. If you lose our jewellery, you fail to return it for any reason, or you do return it in a damaged state that exceeds what we consider in our reasonable and expert opinion to be in excess of normal wear and tear, we will charge the full cost of replacement.

8. Cancellation

You have the right to cancel any order and get a full refund at any time if you change your mind and decide that you no longer wish to hire the jewellery. The only condition is that if you have been sent the jewellery, you must not have used it and it must be returned to us before your special occasion.

If in our opinion the jewellery has been worn then the right to a refund will be lost.

9. Retention of Title

We retain ownership of all jewellery that is hired out under these Terms. You are entitled to the benefit of the jewellery for the period of hire provided you use it as agreed.

10. Frequently Asked Questions and other Queries

We have a FAQ page on the Website but if you have any other questions you should email hello@diamondthrills.co.uk and we shall endeavour to respond as soon as possible.

11. Protecting your Privacy

Whilst we think it is reasonable to protect ourselves by making the necessary investigations to establish the bona fides of our customers, we are committed to protecting your privacy. We will only use the information that we collect about you lawfully.

We will not email you in the future unless you have expressly given us your contact information and we will give you the chance to refuse any marketing email from us in the future.

The type of information we will collect about you includes (but may not be limited to) your name, address, phone numbers, your email address and credit card details. We will never collect sensitive information about you without your express consent and we will use all reasonable endeavours to ensure that the information we hold about you is accurate and up to date.

If you wish, you can check the information that we hold about you at any time by emailing us and asking for details. If you find any inaccuracies we will either delete the information or correct it as required.

12. Warranties and Limits of Liability

The Service and this Website and its contents are provided “as is”. Diamondthrills is unable to provide any warranties in relation to the jewellery provided over and above its statutory obligation to provide jewellery of satisfactory quality in accordance with Supply of Good and Services Act 1994. This does not affect your statutory rights as a consumer. Diamondthrills’ liability for negligence or any breach of these Terms shall be limited to the total value of the transaction and we shall not be liable for loss of profits or any indirect, consequential or special losses even if we have previously been advised of the likelihood of such losses.

13. Indemnity

You agree to indemnify us against all claims, damages, losses costs and expenses (including legal costs on a full indemnity basis) arising out of your possession or use of the jewellery.

14. Availability of Website and Jewellery

We will use all reasonable endeavours to ensure that this Website does not have any problems and that the jewellery displayed is available. However, we cannot guarantee the availability of the Website or that any jewellery on the Website is in stock or available.

15. Intellectual Property Rights

The intellectual property rights in the jewellery, certain images (except where they may be used by permission) and all the other content of this Website are owned by Diamondthrills. They are protected by copyright and other intellectual property rights. You may not copy, reproduce, modify, distribute or display any part of this Website without permission.

All trademarks, product names and company names or logos featured on the Website are the property of their owners.

16. Right to Alter Terms

We reserve the right to alter these Terms and all hire charges and prices without notice from time to time.

17. Headings

Headings used in these Terms are for convenience only and shall not affect the interpretation.

18. Rights of Third Parties

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms.

19. Force Majeure

Neither party will be liable to the other party for any delay in or failure to perform its obligations (other than payment of money) as a result of any cause beyond its reasonable control.

20. Invalidity

If any term or provision of these Terms is to any extent held invalid, illegal or unenforceable the validity of the remaining terms shall not be affected in any way.

21. Jurisdiction

These terms and conditions will be governed by the laws of England and Wales and by using the Website you agree to submit to the exclusive of the courts of England and Wales.