Terms & Condtions

Terms & Conditions                                              

[Date of Issue – 01/10/2025]

 

These Terms and Conditions supersede and replace all previously issued Terms of Sale and Terms & Conditions

 

The Customer’s attention is drawn to Clause 6. Limitation of Liability

 

 

1. Basis of Contract

1.1 Completing the order form constitutes an offer by the Customer to purchase the Goods in accordance with these Terms and Conditions (“Terms”). The offer is accepted only when TOD Jewels Ltd (“the Supplier”) issues written confirmation, forming a binding Contract.

1.2 The Contract is the entire agreement between the parties.

1.3 “TOD”, “T.O’D”, “TOD Jewels”, “T.O’D Jewels”, and “TOD Antiques” are trading names of TOD Jewels Limited,  Company Registered Number 01194968

 

2. Delivery

2.1 Delivery is completed on the Goods’ arrival at the Customer’s specified address.

2.2 Time for delivery is not of the essence.

2.3 The Supplier may deliver by instalments, each a separate Contract. Delay or defect in one instalment does not permit cancellation of others.

 

 

3. Quality and Warranties

3.1 The Supplier warrants that on delivery the Goods shall:

(a) conform materially with their description;

(b) if new, be free from material defects in design, material, and workmanship;

(c) be of satisfactory quality (Sale of Goods Act 1979). 3.2 If the Customer notifies the Supplier within 14 days of delivery or discovery of a defect, allows inspection, and returns Goods if requested, the Supplier may repair, replace, or refund defective Goods at its option. All return costs (including insured transit) are at the Customer’s expense.

3.3 The warranty does not apply if:

(a) the Customer fails to follow storage or care instructions or good trade practice;

(b) the Goods are altered or repaired without Supplier’s consent;

(c) the defect arises from wear, wilful damage, negligence, or abnormal conditions.
3.4 Except as above, the Supplier has no liability for warranty failures.
3.5 Terms implied by sections 13–15 of the Sale of Goods Act 1979 are excluded to the fullest extent permitted by law. 3.6 These Terms apply to repaired or replacement Goods.
3.7 All diamonds are sourced from legitimate, non-conflict suppliers per United Nations resolutions.
3.8 To the best of our knowledge, no diamonds originate from or are processed in Russia, complying with Regulation (EU) 833/2014 and the Russia (Sanctions) (EU Exit) Regulations 2019.
3.9 The Customer warrants it will not resell or export Goods in breach of applicable trade or export sanctions.
3.10 Gemstone and Diamond Treatments; Disclosure of Origin

3.10.1 Gemstone Treatments and Enhancements

Unless otherwise stated in writing, gemstones supplied by the Supplier may have been subjected to conventional, permanent or semi-permanent treatments or enhancements to improve colour, clarity, or stability. Such treatments may include, without limitation, heat treatment (e.g., sapphires, rubies, aquamarines, tourmalines), oiling or resin filling (e.g., emeralds, where oiling or resin filling is semi-permanent and may require re-treatment or special care to maintain appearance), diffusion, irradiation, dyeing, or other recognised industry methods.

The Customer acknowledges that these treatments are standard and accepted within the trade, and that untreated gemstones or stones described as “natural and unheated/untreated/no oil” command a premium and will be expressly described as such on the invoice or certificate. The absence of a specific treatment disclosure shall not imply that a gemstone is untreated.

3.10.2 Pearls and Other Organic Materials

Unless explicitly described as “natural”, pearls are assumed to be cultured, and coral, amber, jet or other organic gem materials may be subject to standard stabilisation or dyeing processes. Such practices are consistent with accepted trade usage and are disclosed when material to value or durability.

3.10.3 Diamond Origin and Laboratory-Grown Stones

(a) The term diamond without qualification refers exclusively to a naturally occurring mineral diamond formed in the earth.

(b) Any diamond that is laboratory-grown, laboratory-created, or synthetic will be clearly described as such in writing in all sales and marketing materials with the words “laboratory-grown diamond” or equivalent of equal prominence to the word diamond.

(c) Laboratory-grown diamonds are distinct in origin, market behaviour and long-term value from natural diamonds. The Supplier gives no assurance of resale value or price stability and the Customer acknowledges that such stones are generally expected to depreciate as production increases.

(d) Descriptions, grading terminology and reports relating to laboratory-grown diamonds are provided in good faith in accordance with current industry conventions but are not directly comparable with the grading of natural diamonds and may vary between laboratories, including CVD (chemical vapor deposition) or HPHT (high-pressure, high-temperature) methods.

3.10.4 Customer Acknowledgement

The Customer confirms that it understands and accepts that gemstone and diamond treatments, as well as the distinction between natural and laboratory-grown stones, materially affect market value, rarity, and durability. Disclosed treatments and origins are not defects under Clause 3.1 and do not entitle the Customer to remedies under Clause 3.2. The Supplier accepts no liability for loss of value, change in market perception, or subsequent resale difficulty arising from such factors once disclosed in accordance with this clause and the information provided at the point of sale.

 

4. Title and Risk

4.1 Risk passes to the Customer on delivery.
4.2 Title remains with the Supplier until full payment (in cleared funds) for all monies owed, however arising, is received in full.
4.3 Until title passes, the Customer shall:

(a) store Goods separately, identifiable as Supplier’s property;

(b) not remove or obscure identifying marks;

(c) maintain Goods in good condition, insured for full value.
4.4 The Customer may resell Goods in the ordinary course of business before title passes, acting as principal, not agent. Title transfers immediately before resale.
4.5 If the Customer becomes insolvent (per section 123, Insolvency Act 1986), the right to resell ceases, and the Supplier may recover unpaid Goods. The Supplier may enter any premises where the Goods are stored to recover them if payment remains outstanding.
4.6 Goods on approval remain Supplier’s property until paid in full or returned in original condition within 14 days.

 

4.7Recovery of Goods
Until all sums due to the Supplier from the Customer, however arising, whether under this or any other contract, are paid in full in cleared funds, title to all Goods supplied by the Supplier remains with the Supplier. The Supplier may require the Customer to deliver up all Goods in its possession that have not been resold or irrevocably incorporated, up to the value of the outstanding debt. If the Customer fails to do so promptly, the Supplier (or its agents) may, without prejudice to other rights, enter any premises of the Customer or third party where the Goods are stored to recover them. The Supplier may resell recovered Goods and apply proceeds to outstanding debts. This clause does not apply to non-business customers.

 

 

5. Price and Payment

5.1 The price is as stated in the Order or Supplier’s current price list.
5.2 Prices exclude packaging, insurance, and transport unless agreed.
5.3 Prices exclude VAT, added at the prevailing rate.
5.4 Invoices may be issued on or after delivery.
5.5 Payment is due within 30 business days of invoice date unless otherwise stated. Time of payment is of the essence.
5.6 Overdue sums accrue interest at 8% per annum above the Bank of England base rate, calculated daily until payment. The Customer shall also reimburse the Supplier for any reasonable borrowing costs incurred due to late payment.
5.7 Payments must be made in full without set-off or deduction, except as required by law.
5.8 The Supplier may allocate payments to any Customer debt. The Supplier may at its discretion set off any amount payable to the Customer against any sum due from the Customer.

 

6. Limitation of Liability

6.1 Nothing limits Supplier’s liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) unlawful exclusions.

6.2 Subject to 6.1:

(a) no liability for loss of profit or indirect/consequential loss, whether in contract, tort (including negligence), or otherwise;

(b) total liability in respect of any Contract shall not exceed the price of the monies owed by the customer for the work undertaken, as applicable;

6.3 Customer Goods – Repairs and Services

Goods left with the Supplier for repair, alteration, valuation, cleaning, or any other service are accepted entirely at the Customer’s risk. The Supplier’s liability for loss or damage to such goods, however caused (including negligence), shall not exceed the amount charged for the work undertaken, unless otherwise agreed in writing before the work commences. Customers are responsible for maintaining their own insurance cover for the full value of their property.

 

6.4 Insurance and Risk Disclosure

The Supplier maintains insurance appropriate to its business operations but not necessarily covering the full replacement value of customers’ property. Unless otherwise agreed in writing, the Supplier’s insurance does not extend to the Customer’s goods, which remain at the Customer’s risk while in the Supplier’s custody or in transit.

Nothing in these Terms prevents the Supplier, at its discretion, from making or pursuing an insurance claim, or from compensating the Customer as a gesture of goodwill, without creating any admission of liability or waiver of these Terms.

 

 

6.5 Indemnity for Ownership and Title of Goods
The Customer warrants that any goods submitted to the Supplier for repair, valuation, or setting are lawfully owned and free from third-party claims. The Customer shall indemnify and hold harmless the Supplier against any claim, loss, or cost arising from breach of this warranty, including the handling of stolen, misdescribed, or disputed property.

 

6.6 Export, Import, and Customs Responsibility
a) Unless otherwise agreed in writing, the Customer is responsible for obtaining all necessary import or export licences and for compliance with all customs, tax, and regulatory requirements in the destination country.
b) The Customer shall provide complete and accurate information regarding the description, value, age, and origin of goods for customs or shipping declarations and shall indemnify the Supplier for any loss, cost, or penalty arising from incorrect or misleading instructions or documentation.
The Supplier is not liable for any delay, seizure, or charge resulting from customs or regulatory action.

 

6.7 Advice and Representations
Any advice, statement, or representation made by the Supplier, its employees, agents, or subcontractors in connection with the Goods or Services is given in good faith but without liability. The Customer must satisfy itself as to the suitability of the Goods for its intended purpose.

 

6.8 Valuations and Opinions

a) All valuations, descriptions, and gemstone identifications are opinions given in good faith by TOD Jewels Ltd, based on the information, technology, and market conditions available at the time of assessment. They are not a guarantee of actual value, saleability, or future worth. TOD Jewels Ltd accepts no liability for any loss, cost, or claim arising from reliance on a valuation beyond the fee paid for the service. The Customer is advised to obtain independent verification where appropriate.

b) Valuations provided for insurance or probate purposes are intended solely for that use and may not reflect retail replacement cost, realisable market value, or auction price.

 

7. Force Majeure

The Supplier is not liable for delays or failures due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, sanctions, strikes, pandemic, public health emergency, customs delays or supply chain disruptions.

 

8. General

8.1 Invalid provisions are modified or deleted minimally; remaining Terms remain in force.
8.2 No delay in exercising rights constitutes a waiver.
8.3 Rights and remedies under these Terms are cumulative and in addition to those provided by law.
8.4 Variations require written, signed agreement.
8.5 Third parties have no rights to enforce the Contract (Contracts (Rights of Third Parties) Act 1999).
8.6 Electronic orders and acceptances (e.g., email, or WhatsApp) are binding.
8.7 Personal data is processed per UK GDPR, Data Protection Act 2018, and Supplier’s privacy notice at https://www.todjewels.com/privacy-policy.

8.8 For consumer sales, these Terms do not affect the Customer’s rights under the Consumer Rights Act 2015.

8.9 The Contract is governed by English law; parties submit to the non-exclusive jurisdiction of England and Wales courts.

8.10 TOD Jewels Ltd is a company registered in England and Wales, number 01194968, with its registered office at 100 Hatton Garden, London EC1N 8NX, United Kingdom.