Terms & Conditions — Thelma West

TERMS AND CONDITIONS

Last updated June 2022.

At Thelma West Diamonds, we believe that every detail matters. Located in the heart of Soho, we focus on one-of-a-kind pieces with impeccable artistry. Each gem is considered for its provenance and ethics. Every detail is an obsession.

About us

We’re Thelma West Diamonds, a company registered in England and Wales based out of 19 Kingly Street, London, England, W1B 5PY (“we” or “us”). We’re VAT registered and our VAT number is 409455977. If you need us, you can contact us by phone to 0207 287 7953 or email to twd@thelmawest.com. We’ll contact you using the contact details you provide to us.

These terms and conditions cover purchases of our ready to wear jewellery from our website (“online purchases”), our bespoke jewellery design and manufacture service (“bespoke jewellery”), and use of our website at thelmawest.com. Together, we’ll use the term “services” to cover all three. There might be parts of these terms that don’t apply to you. By using our services, you’re considered to have accepted these terms and conditions and so if you don’t agree you shouldn’t use or purchase our services.

Online purchases

This section of these terms applies if you make a purchase of the ready to wear jewellery on our website.

Jewellery, pricing and availability

The images we provide of the jewellery on our website are for illustrative purposes only. We make every effort to display the colours and packaging accurately but we can’t guarantee that a device's display of the colours will reflect the actual jewellery. Your jewellery may therefore vary slightly from those images you’ve seen online.

You must make sure that you have selected the right size of the jewellery you’re purchasing, particularly for rings.

We can’t guarantee that our jewellery will always be available and it is possible that our website may not reflect that a particular piece of jewellery or size is out of stock.

It is possible that minor changes may need to be made to certain jewellery between your order being placed and us processing your order and dispatching the jewellery. An example is to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes won’t change any main characteristics of the jewellery and won’t normally affect your use of the jewellery. If it will, we’ll advise you and you have the option to cancel your order for a refund.

We use our reasonable efforts to ensure the prices on our website are right. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.

We check the prices before we accept your order. In the unlikely event that we’ve shown incorrect pricing information, we’ll email you to you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we’ll give you the option to purchase the jewellery at the correct price or to cancel your order (or the affected part of it). We won’t proceed with processing your order in this case until you respond. If we don’t receive a response from you within 14 days, we’ll treat your order as cancelled and will notify you of this by email.

If the price of the jewellery you’ve ordered changes between your order being placed and us processing your order and taking payment, you’ll be charged the price shown on the website at the time of placing your order.

Prices on our website are shown exclusive of VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

The cost of delivery isn’t included in the price of jewellery displayed on our website. Delivery options and related charges will be presented to you as part of the order process.

The legal contract

No part of our website forms a contractual offer capable of acceptance. Your order of our jewellery forms a contractual offer that we can, at our sole discretion, accept or reject. If you acknowledge receipt of your order, that doesn’t necessarily mean we’ve accepted it. Our acceptance of your order is shown when we send you the order confirmation by email. Only once we’ve sent you an order confirmation will there be a legally binding contract between us and you.

You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as we’re not liable if you make a mistake and give the wrong address. If you do, you should let us know immediately so we can update the delivery address (if we’re able to).

Payments

You must pay for the jewellery in advance via our website and you’ll be prompted to pay during the order process. The store on our website is run by Squarespace/Stripe. You should read their terms and conditions and privacy policy before making a payment on our website. We accept all major credit or debit cards, as well as bank transfer.

Dispatch and delivery

The jewellery purchased on our website will normally be dispatched within 14 days after we’ve sent you the order confirmation, unless we advise otherwise. We provide free worldwide delivery and we'll engage a third party courier or other tracked mailing service to deliver the jewellery to you. The delivery timescales will vary depending on your delivery location, and we can only deliver to the countries below:

For deliveries within the UK and Europe (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey, Hungary, Ireland, Italy, Jersey, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Switzerland), the estimated delivery time is 4-6 days from dispatch.
For deliveries in the US, Canada and Asia (USA, Canada, Hong Kong, Japan, Malaysia, Singapore, Thailand), the estimated delivery time is 5-10 days from dispatch.
For deliveries anywhere else (Australia, Bahrain, New Zealand, Saudi Arabia, UAE), the estimated delivery time is 10-12 days from dispatch.

It’s important that you understand and accept any dispatch or delivery dates we provide are estimations only and the time of delivery is not of the essence. We will however use our reasonable efforts to keep you updated of any delays in delivery.

For any deliveries to be made outside the UK, your jewellery might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority.

Please also refer to the ‘force majeure’ section of these terms below, as this sets out what happens if an event outside our control affects dispatch or delivery.

Ownership and risk

You will own the jewellery once we have accepted your order and you have made payment of the cost of the jewellery and the delivery charges. The risk of the jewellery will pass to you once it is in your physical possession, or the possession of someone else that you nominate (such as a neighbour).

Refunds policy

If you change your mind after purchasing from our website, then under consumer legislation you have up to 14 days after receiving your jewellery to request a refund, and a further 14 days to return the jewellery to us. You’ll be responsible for the cost of the return and ensuring that the jewellery is in the exact same condition, with undamaged original packaging, as when it was delivered to you.

If you would like to let us know that you’ve changed your mind and would like a refund, please contact us as soon as possible by calling 0207 287 7953 or emailing twd@thelmawest.com.

If you’re eligible for a full refund, this will be made using the same details you used to pay for the jewellery within 14 days of receiving the returned jewellery.

For hygiene reasons, we’re unable to accept returns of earrings or body piercing jewellery, so these are exempt from the usual 14 day cooling off period mentioned earlier in this section.

Damaged, faulty, or incorrect goods

We promise that the jewellery we deliver to you and for 6 months after will be: (i) free from material defects in design, material, and workmanship; (ii) of satisfactory quality; and (iii) fit for purpose. If the jewellery you’ve purchased doesn’t comply with this, please contact us as soon as possible. We will then discuss with you your options for a refund, repair, or replacement.

If you have any questions or complaints about the jewellery you’ve purchased, please contact us as soon as possible by calling 0207 287 7953 or emailing twd@thelmawest.com. You should provide us with photos of the condition of the jewellery.

The jewellery to be returned to us must be in the original packaging and in the same condition it was when it arrived. We’ll then examine the jewellery and, if you are eligible, reimburse you the cost of jewellery and the return costs using the same payment details you provided when you made the payment within 14 days of receiving the returned jewellery and declaring that you’re eligible.

If our reasonable assessment is that the damage to your jewellery is the result of abnormal wear and tear, deliberate or reckless damage, negligence, or abnormal or unsuitable working conditions, or you have made unauthorised alterations or repairs to the jewellery, then you may not be eligible for a refund of the cost of the jewellery. We will advise you of this by email.

What next?

Unless you’ve also purchased bespoke jewellery, you should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms, as these sections will also apply to you.

Bespoke jewellery

We provide a service whereby we’ll design a piece of jewellery for you, whether from scratch or an amendment to our existing jewellery shown on our website and manufacture according to those designs. This section of these terms applies to that service.

The design processes

We’ll first have a consultation call (or an exchange in writing) with you to discuss the bespoke jewellery you would like us to design and manufacture. Based on your specifications, we’ll then send you the design for your approval. It’s so important that you’re happy with the design, so there may be some back and forth between us while the design is being finalised.

Where we ask you to provide measurements for your bespoke jewellery, you must take these accurately as we’re not liable to you where the jewellery doesn’t fit due to you taking measurements incorrectly. You’re also not entitled to reject the jewellery and ask for a refund if this happens.

Somewhere at the very beginning of the process; usually after our first call, we’ll require a deposit. Once you have approved the design, we’ll confirm the quote for the design and manufacture of the bespoke jewellery. We provide free worldwide delivery. You will need to pay the full cost in advance before we will start to produce your jewellery and our bank account details will be stated on our quote.

Jewellery, pricing, and availability

The designs and images we provide to you as part of the design process are for illustrative purposes only. We make every effort to display the colours accurately but we can’t guarantee that a device's display of the colours will reflect the actual jewellery. Your jewellery may therefore vary slightly from those images in the design.

It is possible that minor changes may need to be made to the bespoke jewellery between your order being placed and us processing your order and dispatching the jewellery. An example is to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes won’t change any main characteristics of the bespoke jewellery and won’t normally affect your use of the bespoke jewellery. If it will, we’ll advise you and you would have the option to cancel your order for a refund.

We use our reasonable efforts to ensure the prices given to you in our quote are right. We reserve the right to change prices, but this won’t affect any order you’ve already placed.

We check the prices before we accept your order. In the unlikely event that we’ve given you incorrect pricing information, we’ll email you to you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we’ll give you the option to purchase the bespoke jewellery at the correct price or to cancel your order (or the affected part of it). We won’t proceed with processing your order in this case until you respond. If we don’t receive a response from you within 14 days, we’ll treat your order as cancelled and will notify you of this by email.

Prices in our quotes are shown exclusive of VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

The legal contract

The legal contract between us and you starts when you have accepted the designs and have made payment for your bespoke jewellery. We’ll send you an order confirmation which shows we have accepted your order and we’ll proceed to send the design to our manufacturer.

Dispatch and delivery

Once we’ve accepted your order and you’ve made the payment, we’ll send your design to our manufacturer to manufacture your bespoke jewellery. We’ll indicate the estimated dispatch timescales when you place your order.

We will engage a third party courier or other tracked mailing service to deliver the bespoke jewellery to you. For the countries we deliver to and our delivery timescales, please refer to the ‘online purchases’ section of these terms above.

For any deliveries to be made outside the UK, your jewellery might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority.

Please also refer to the ‘force majeure’ section of these terms below, as this sets out what happens if an event outside our control affects dispatch or delivery.

Ownership and risk

If we provide the lifetime guarantee service to you (described below), the bespoke jewellery will always remain your property and the only time we accept risk of the jewellery is when it is in our physical possession or out for delivery back to you. That risk then passes back to you again once it is in your physical possession, or the possession of someone else that you nominate (such as a neighbour).

Refunds policy

As the bespoke jewellery has been manufactured according to your specifications, you’re not entitled to a refund or replacement if you change your mind after paying for your bespoke jewellery. All sales are therefore final.

Damaged, faulty, or incorrect goods

We promise that the jewellery we deliver to you will be: (i) free from material defects in design, material, and workmanship; (ii) of satisfactory quality; and (iii) fit for purpose. If the bespoke jewellery you’ve purchased doesn’t comply with this, please contact us as soon as possible. We will then discuss with you your options for a refund, repair, or replacement.

If you have any questions or complaints about the bespoke jewellery you’ve purchased, please contact us as soon as possible by calling 0207 287 7953 or emailing twd@thelmawest.com. You should provide us with photos of the condition of the bespoke jewellery.

The bespoke jewellery to be returned to us must be in the original packaging and in the same condition it was when it arrived. We’ll then examine the bespoke jewellery and, if you are eligible, reimburse you the cost of the bespoke jewellery and the return costs using the same payment details you provided when you made the payment within 14 days of receiving the returned bespoke jewellery and declaring that you’re eligible.

If our reasonable assessment is that the damage to your bespoke jewellery is the result of abnormal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions, or you have made unauthorised alterations or repairs to the bespoke jewellery, then you may not be eligible for a refund of the cost of the bespoke jewellery. We will advise you of this by email.

Lifetime guarantee and polishing

We offer a lifetime guarantee for our bespoke jewellery. Under this, you can send your bespoke jewellery to us at any time, from (almost) anywhere in the world, and we will do such things as check the jewellery to ensure the stones are still in place or restore rings where they have misshapen over time. We’ll also polish your jewellery every three to five years.

All you would need to do is post the bespoke jewellery to us, suitably and properly packaged to prevent damage in transit, and cover all delivery costs from you to us and us to you, as well as any customs duties or taxes. We highly recommend that you insure the bespoke jewellery so that it is financially protected in transit. The countries we deliver to are set out within the ‘online purchases’ section of these terms above.

If you would like us to provide this service, you must email us at twd@thelmawest.com before posting us your bespoke jewellery. We’ll provide you with full information by email.

The cost of this service is free; however, it doesn’t apply to any jewellery which has been damaged due to abnormal wear and tear, deliberate or reckless damage, negligence, or abnormal or unsuitable working conditions, or you have made unauthorised alterations or repairs to the bespoke jewellery. If, once we receive your bespoke jewellery, it is reasonably clear that such things have happened, we will quote you for our lifetime guarantee service.

Please note that our lifetime guarantee service is not available to jewellery purchased on our website.

What next?

Unless you’ve also purchased jewellery online, you should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms, as these sections will also apply to you.

WEBSITE TERMS OF USE

Visiting our website

You’re granted temporary permission to use our website, but we can withdraw or change our website any time without telling you and without being legally responsible to you.

If you let anyone else use our website, make sure they read these terms first and follow them. If you view our website on someone else’s device, it’s your responsibility to ensure you have their permission. You should only use our website as allowed by law and by these terms and if you don’t, we can suspend your access or stop it completely.

We’re creatives, so we frequently update our website and make changes to it, but we aren’t obliged to. That means that some material on our website may be out-of-date. It’s important you understand that nothing on our website is intended to contain advice and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on our website by you or anyone else. When we roll out updates for our website, these will be to improve its functionality and performance, to address security issues or reflect changes to the operating system.

When you use our website, you’re not allowed to:

use our website in an unlawful manner or act fraudulently or maliciously (including inserting malicious code into our website)
infringe our intellectual property rights or that of a third party
send anything which is defamatory, offensive or otherwise objectionable
use our website in a way that could damage, disable, overburden, impair or compromise our systems
collect or harvest information from our website to try to decipher any transmissions to or from our servers.

Viruses, malware and security

We use our reasonable skill and care to ensure that our website is secure and free from viruses and malware. That being said, we don’t guarantee that this is the case. You’re responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our website. You also must not try to gain unauthorised access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our website. You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of this section, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our website will end immediately in the event of such a breach.

Links to our website

You may link to the homepage of our website if you would like to, but this must be fair and lawful. You should not take unfair advantage of our reputation or attempt to damage our reputation. You must not link to our website in a way that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none). Your link shouldn’t use any logos or trademarks displayed on our website without our express written permission.

You absolutely must not link to our website from another website where the main content unlawful, obscene, offensive, inappropriate, dishonest, defamatory, threatening, racist, sexist, or otherwise discriminatory, that promotes violence, racial hatred, or terrorism, which infringes intellectual property rights, or that we consider to be otherwise objectionable.

Links from our website

If our website contains links to other websites, this is for information only and doesn’t imply that we endorse that website or its owners, operators, or any other parties involved with it. We don't control these third party websites and so we don’t accept responsibility for any materials found upon them or any loss you suffer from using them. You should read the terms of use and privacy policies of any third party websites you access from our website.

GENERAL LEGAL TERMS

Intellectual property rights

On our website and as part of our services, you’ll certainly be introduced to intellectual property, which we either own or we’re the licensee of. This includes such things as:

the designs of our jewellery, whether the ready made jewellery available on our website or the bespoke jewellery we design for you
any and all text on our website, social media posts and marketing material
the layout of our website, social media posts and marketing material
the photos on our website, social media posts and marketing material

(together we refer to these as “IP“).

The IP is protected by copyright. You’re allowed to stream or download one copy of the IP onto your personal device. By using our website and our services, you agree that you will:

not rent, lease, sub-license, loan or otherwise make our IP available to any person without our prior consent
not copy our IP, except as part of the normal use of the IP
not translate, merge, adapt, vary, alter or modify our IP, nor allow our IP to be incorporated into other programmes
not disassemble, decompile, reverse engineer or create derivative works from our IP, such as by copying our designs and reproducing for your own personal or business purposes
comply with all applicable law when using our IP.

If you breach these terms, you may lose your right to use our IP, and you must destroy or return any copies you’ve made.

Liability

We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. Our total liability to you for all other losses arising out of or in connection with your use of our website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.

Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Nothing in these terms and conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.

Force majeure

We won’t be liable for any failure or delay in performing our obligations under these terms where our failure or delay is due to a cause beyond our reasonable control (“force majeure event”). Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

If a force majeure event is likely to adversely affect our performance of any of our obligations under these terms:

we will inform you as soon as is reasonably possible;
we will take reasonable steps to minimise the delay;
to the extent that we can’t minimise the delay, our affected obligations under these terms will be suspended and any time limits that we’re bound by will be extended accordingly;
we’ll inform you when the force majeure event is over and provide details of any new dates, times or availability of the jewellery as necessary; and
if the force majeure event continues for more than 60 days, we’ll cancel your order and the legal contract with you and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the jewellery.

Data protection

We’re registered with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk), and our registration number is ZB334741.

We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679), the Data Protection Act 2018 and the California Consumer Privacy Act of 2018. We will only use your personal information as set out in our privacy policy, available here.

Communications from us

If we have your contact details, we might send you important notices by email from time to time, such as about changes to our website or to these terms.

Applicable law

These terms and any non-contractual obligations arising under it are governed by and interpreted according to the laws of England and Wales. All disputes arising under these terms (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the English and Welsh courts.