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Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our site. By using our site and / or by ordering any of our Products, you indicate that you accept these terms of use and that you agree to abide by them.

Information About Us: Prestons

www.prestonsdiamonds.co.uk is a site operated by Nimogen Limited T/A Prestons. Our registered business address is 36-38 Park Green, Macclesfield, Cheshire, SK11 7NE.

Our terms and conditions are operated by Prestons (Nimogen Limited) and we are referenced as, "we", "us" or "our" throughout this agreement.

Company Registration Number, In England: 2654807
VAT Registration Number: 864 4537 01

Our Site Changes Regularly

We aim to update our site regularly and the content is subject to change. If the need arises, or for any unforeseen reason, we may be required to suspend access to our site or close it indefinitely. Any of the material and/ or Product (s) shown may be out of date at any given time as we are under no obligation to update such material. Please see clause 3 for further information about Product availability.

Our Liability

The information, including: Product (s), images and text, is provided without any guarantees, conditions or warranties as to its accuracy. Please see clause 2, clause 3 and clause 6 for further information.

Information About You And Your Visits To Our Site

We process your information in accordance with our privacy policy. In using our site, www.prestonsdiamonds.co.uk, you consent to such processing.

For further information, please visit our privacy policy.

Trademarks

We pride ourselves on showcasing innovative and unique products and therefore ask that you respect us, Nimogen Limited, as the owner of all intellectual property rights on our site and the material published on it.

'Prestons' is our registered Trademark, as both plain word mark and figurative versions. This trademark is protected in both class 14 and class 35.

You must not use any part of the materials on our site for commercial purposes.

Issues and / or Concerns

If you have any concerns about information which appears on our website, www.prestonsdiamonds.co.uk, please contact our Marketing Manager, Lauren Christina.

T: 01625 665 102
E: Lauren.Christina@PrestonsDiamonds.co.uk

Our Terms & Conditions

1. The Contract Between You And Us

If you are placing an order through our site we must receive full payment / payment in whole for the price of the goods as listed prior to your order being accepted. After placing an order through the site, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and will be confirmed on the dispatch of goods. If we, Nimogen Limited, are unable to fulfill you order it will be cancelled in accordance with clause 4.

Our acceptance of your order brings into existence a legally binding contract between us. By placing an order through our site, you warrant that:
A) You are capable of entering into binding contracts; and
B) You are at least 18 years old;
C) You are resident in the United Kingdom.

2. Pricing And Payment

The prices payable for a Product or Product (s) will be as quoted / set out on our site, where listed, except in cases of obvious error or in cases where a product is 'priced from'. If a product is listed as 'priced from' this example illustrates an estimated cost, for our base grade diamonds, taken from our current collection.

2.1 Product prices are displayed in GBP (£) unless otherwise specified.

2.2 Product prices include VAT, where applicable. However, if the rate of VAT changes we will be required to adjust the price of Products, where applicable.

2.3 Product prices are subject to change at any time. The products shown, including those listed as priced from, are subject to change at regular intervals based upon the movement in value of both gold and diamonds. Prestons endeavours to update our site, including pricing, as regularly as possible.

2.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product's price is incorrect, we will normally, contact you for instructions prior to confirming an order and / or reject / cancel your order.

2.5 If the pricing error is obvious and unmistakable and could have reasonably been recognised by the average customer as an error, we do not have to provide the Products to you at incorrect (lower) price even where we have confirmed the order.

2.6 Payment for all Products must be by credit or debit card, bank transfer, cash or interest free/ interest bearing credit. Nimogen Ltd T/A Prestons has the right to withdraw any payment method, without notice, at any time. For further information about our refunds policy please see clause 4.

3. Availability

3.1 The Products which we display cover a selection of Product designs available throughout our three showrooms in Surrey, Leeds and Cheshire. Our team make every effort to portray accurate impressions (including descriptions and imagery) of our Products, however we can only be as accurate as internet and photographic technology allows. In light of this, please note that scale and the colours shown are as accurate as can be reasonably expected.

3.2 Our showrooms strive to carry a comprehensive selection of Product but we cannot guarantee the availability of all Products advertised on our website in-store. Our sales team can arrange for the transfer of Product to your local Prestons showroom if you should require. Please contact your local Prestons showroom for further information about this service.

4. Right For You To Cancel Your Contract / Refunds Policy

Nimogen Limited T/A Prestons refund policy is for online sales / transactions only. This policy excludes refunds in our showrooms where only a credit note or exchange will be given.

4.1 You may cancel your contract with us for Products ordered at any time within the fourteen-day cooling-off period, subject to:
A) The Product (s) is in unused / unworn and resalable condition, as delivered to you. You have a legal obligation to take reasonable care of the Product (s) whilst in your care.
B) The Product (s) is not a bespoke design created for you. Please note, bespoke designs cannot be exchanged or refunded. This does not affect your statutory rights, for example, if you consider the product to be defective.
C) The Product (s) is not a special order and / or has not been made-to-measure. Please note, special orders cannot be exchanged or refunded. This does not affect your statutory rights, for example if you consider the product to be defective.
D) The Product (s) have not been personalised, for example, engraved.
E) Refunds will not be available where we reasonably find that the Product has been damaged following delivery to you.

4.2 To cancel your contract you must notify Nimogen Limited T/A Prestons by phone, email or in writing, within the fourteen-day cooling-off period.

4.3 Once you have notified us that you are cancelling your contract, any sum debited from your original payment will be credited to your account as soon as possible. We usually process the refund due to you as soon as possible, in any case, within 30 days of our confirmation of your refund. Please note, this confirmation is subject to the points listed in clause 4.1.

4.4 Refunds, where confirmed, will be made to the payment card used in the original transaction. To comply with audit standards, the card or account details used for refunding a purchase cannot be amended. We will not be liable to you for any fluctuation in currency exchange rates.

4.5 The above refunds policy does not affect your statutory rights to return faulty or goods described incorrectly.

5. Cancellation By Us

Nimogen Limited T/A Prestons reserve the right to cancel the contract between you and us if:
A) We have insufficient Product (s) and / or the Product (s) you have chosen is currently unavailable;
B) We do not deliver to your area;
C) We suspect the payment to be fraudulent and / or we have not received full payment for the Product (s);
D) We believe that the Product (s) have been priced incorrectly, please see clause 2 for further information.

If your contract is cancelled we will notify you by email, telephone or in writing. The order will be refunded, in accordance with our refund policy in clause 4, as soon as possible. Please note, Nimogen Limited Company will not be obliged to offer additional compensation based on the cancellation of an order.

6. Delivery

Nimogen Limited T/A Prestons will fulfil your order as soon as possible, if no specific delivery date is specified, then within 30 days of confirming the agreement of the order, unless there are exceptional circumstances.

6.1 We will deliver the Product (s) to you using the address provided at the point of order. It is your responsibility to ensure that the delivery address provided is correct.

6.2 We will deliver the Product (s) using Royal Mail Special Delivery.

6.3 The Product (s) will be your responsibility from time of delivery. We will not be liable for loss, damage or destruction after this time.

6.4 If your order is returned to us because the courier / postal service was unable to complete the delivery to you, for whatever reason, then you will be responsible for additional delivery costs.

7. Our Liability

We, Nimogen Limited, warrant to you that any Product purchased from our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. If you do not receive the Product (s) ordered within seven working days of the date stated, unless previously agreed, Nimogen Limited shall have no liability unless you notify us by email, phone or in writing as soon as able, but within fourteen days.

7.1 Our liability for losses you suffer as a result of us, Nimogen Limited, breaking this agreement is strictly limited to the purchase price of the Product.

7.2 This does not include or limit in any way our liability:
A) For death or personal injury caused by our negligence;
B) Under section 2(3) of the Consumer Protection Act 1987;
C) For fraud or fraudulent misrepresentation; or
D) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to:
A) loss of income or revenue
B) loss of profits or contracts
C) loss of anticipated savings
D) loss of data, or
E) loss of business.

8. Notices And Communications

All notices by you to us must be given to Nimogen Limited T/A Prestons at 36-38 Park Green, Macclesfield, Cheshire, SK11 7NE.

Please note, our showroom addresses are as follows:

Prestons Wilmslow, 13 Water Lane, Wilmslow, SK9 5AE
T: 01625 416 330

Prestons Guildford, 94 High Street, Guildford, GU1 3HE
T: 01483 454 091

Rolex by Prestons, 43 Commercial Street, Leeds, LS1 3HE
T: 0113 242 7789

9. Privacy

We process your information in accordance with our privacy policy. In using our site, www.prestonsdiamonds.co.uk, you consent to such processing.

For further information, please visit our privacy policy.

10. Third Party

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

10.1 Third Party Links: We, Nimogen Limited, may include hyperlinks on this site to other websites or resources operated by parties other than us. Nimogen Limited has not reviewed all sites linked both to and from our site and is not responsible for the accuracy of content or the privacy practices of the aforementioned sites.

11. Governing Law and Jurisdiction

Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law.

12. Events Beyond Our Control

We, Nimogen Limited, will not be liable or responsible for any failure to perform, delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

These events include, but are not limited to:
A) Strikes, lock-outs / industrial action;
B) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
C) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
D) Pandemic or epidemic;
E) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
F) Retention of products by any authority including customs.

We will use our reasonable endeavours to find a solution by which are obligations under the Contract may be performed.

13. Entire Agreement

These terms and conditions, and any document referred to within these terms and conditions (for example: our privacy policy and cookie policy), set out the whole of our agreement relating to the Contract discussed above. Please note, that this agreement supersedes all previous discussions, correspondence, understandings and agreements between us relating to the Contract discussed above.

14. Our Rights To Vary These Terms and Conditions

We reserve the right to change these Terms & Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms & Conditions have been changed.

15. Our Contact Details

Nimogen Limited Company T/A Prestons
Registered Office Address: 36-38 Park Green, Macclesfield, Cheshire, SK11 7NE
Company Registration Number, In England: 2654807
VAT Registration Number: 864 4537 01

Prestons Wilmslow, 13 Water Lane, Wilmslow, SK9 5AE
T: 01625 416 330
E: Wilmslow@PrestonsDiamonds.co.uk

Prestons Guildford, 94 High Street, Guildford, GU1 3HE
T: 01483 454 091
E: Guildford@PrestonsDiamonds.co.uk

Rolex by Prestons, 43 Commercial Street, Leeds, LS1 3HE
T: 0113 242 7789
E: Leeds@PrestonsDiamonds.co.uk

Marketing Manager, Lauren Christina
T: 01625 665 102
E: Lauren.Christina@PrestonsDiamonds.co.uk

Please note, these terms and conditions were last updated in March 2019.