Terms & Conditions
TERMS & CONDITIONS
The products displayed on this website are not shown to actual size nor are their images binding as to detail. Some products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the product details and content where given.
ADVANCE PURCHASES & ORDERS
All orders are subject to our terms and conditions. All diamond goods are made to order. Consequently you may from time to time be given the possibility of making an advance payment/order for certain items in which case you are able to make an advance purchase/order. Your rights regarding advance purchase/order are the same as those for any other purchase at Ana de Costa. If you are buying from outside the UK, you will be responsible for any duties levied by the country or authority to which you have specified delivery. You will also incur carriage costs. The final price for overseas customers will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order completion and the contract between you and Ana de Costa will be perfected when we despatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, or does not satisfy our quality control standards and is withdrawn. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing goods from the site whether or not the goods have been sold; removing, screening or editing any materials or content on the site; refusing to process a
transaction or unwinding or suspending any transaction after processing has begun.
TRANSFER OF OWNERSHIP & INSURANCE
Ana de Costa insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.
Ana de Costa is unable to offer sale or return arrangements. Items will only be replaced or credited provided it is clear that there is a manufacturing fault, or that the damage has occurred prior to delivery. You can return items within 7 days of purchase. Items delivered broken or faulty must be returned to us within 7 days accompanied by full details of the order date and invoice number. Items which have been worn will not be replaced or credited unless it is clear that there is a manufacturing fault. They need to be returned with their original packaging and proof of purchase and we will be happy to exchange or refund. Regrettably bespoke or customized items, engraved, embossed or soldered cannot be refunded unless they are defective or faulty. No items can be refunded if the items have been worn. Claims can only be made within 7 days of delivery. Items returned to Ana de Costa that do not meet any one of the above requirements will be returned to the customer and a handling charge may be made. The issuing of replacements and credit notes is at the discretion of Ana de Costa. No refund is given on deposits for bespoke commissions. This policy encompasses the entire process. Once a bespoke commission is undertaken and you have agreed the details and price, you enter into a sales contract with Ana de Costa.
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, models of items, that appear on the website or in the domain name, are the exclusive property of Ana de Costa. All intellectual property rights associated with items created in association with the’ custom made’ or ‘bespoke’ options are and will remain the property of Ana de Costa. Any utilisation, reproduction, even partial of the designs, models, brand names, and names of lines is totally prohibited. You are permitted to use the content only as expressly authorised by Ana de Costa. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction.
In addition to the intellectual property rights mentioned above, content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Ana de Costa tries to ensure that the information on this site is accurate and complete. Ana de Costa does not warrant or represent that the site’s content is accurate, error-free or reliable or that your use of Ana de Costa’s content will not infringe rights of third parties. Your use of the site is at your own risk. Ana de Costa does not warrant that the functional aspects of the site or Ana de Costa’s content will be error free or that the site, content or the server that make it available for use are free of viruses or other harmful components. If your use of this site, or Ana de Costa’s content results in the need for servicing or replacing property, material, equipment or data, Ana de Costa is not responsible for those costs.
Ana de Costa and its suppliers make no warranties about Ana de Costa’s content, software text, downloads, graphics, and links, or about results to be obtained from using the site. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this site. Ana de Costa reserves the right to withdraw, temporarily or permanently, any content from this site at any time and for any reason. Removal may be immediate and without notice. You confirm that Ana de Costa is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
The Ana de Costa site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
GENERAL INFORMATION & YOUR ACTIVITY
You use the Ana de Costa site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms and conditions, we may deny you access to this site on a temporary or permanent basis and any decision to do so is final. While Ana de Costa will use reasonable endeavours to verify the accuracy of any information it places on the site, it makes no warranties, whether express or implied in relation to its accuracy. This site is provided on an “as is” and “as
available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the site, or any transaction that may be conducted through this site including but not limited to, implied warranties of non- infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these terms or conditions will affect your rights as a consumer under the English law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this site and any information provided to or taken from this site by you. You agree that Ana de Costa will not be liable in contract (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the terms and conditions.
At our request, you agree fully to defend, indemnify and hold harmless Ana de Costa immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms and conditions by you or any other liabilities arising out of your use of this site, or the use by any other persons accessing this site using your internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Ana de Costa as a result of the terms and conditions or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Ana de Costa, and we shall not be liable for any representation, act, or omission on your part. AGREEMENT The terms and conditions (as amended from time to time) constitutes the entire agreement between you and Ana de Costa regarding your use of the site, and
supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Ana de Costa in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this site conflicts with the terms of the terms and conditions, the terms and conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions.
These terms and conditions have been written in English and are governed by English Law. British courts shall adjudicate any dispute.