Terms and Conditions of Use

Introduction. This page provides information about who we are and the legal terms and conditions (“Terms”) on which you may access and make use of our website, [www.graff.com] (the “Site”).

These Terms tell you who we are, the terms and conditions on which we make the Site available to you, the ways in which you may (and may not) use our Site, and important disclaimers and limitations on our liability which apply when you visit our Site.

Application of the Terms. Please read these Terms carefully before you start to use our Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, you are not authorised to use our Site.

We recommend that you print a copy of these Terms for future reference.

Other terms which may apply. These Terms refer to the following additional terms, which also apply to your use of our Site:

(a) Our Privacy Policy. This policy sets out how we may use your information and data when you visit our Site.

(b) Our Cookies Policy, which provides information about the use of cookies on our Site.

These Terms do not apply to any products or services that we offer for sale. Those products and service offerings are subject to separate terms and conditions that accompany the applicable product or service offerings.

Purchasing Products from our Site. If you purchase products from our Site, our Terms and Conditions of Sale will apply to the sale.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. The Site is published by Graff Diamonds SARL (hereinafter “Graff”, “we”, “our” or “us”), a company registered in England and Wales, with its registered office at 237 Rue Saint-Honore 75001 Paris. Our registration number is 0678883. Our registered VAT number is [GB 232-320-025]. To find out more about Maison Graff and our history, please visit The House section.

Contacting us. You can contact us by contacting our Customer Services Team. They can be reached by email at clientservices.eu@graff.com or by telephone 01 83 75 54 55.

2. ACCESSING OUR SITE

Availability of the Site. Access to our Site is permitted on a temporary basis, and we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.

We reserve the right to suspend or withdraw the availability of all or any part of our Site without notice, for business or operational reasons. [We will try to give reasonable notice on our Site of any planned suspension or withdrawal.]

Acceptable use. When using our Site, you must comply with the provisions of the Terms. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of the Terms and that they comply with them. We may restrict or suspend your access to all or part of our Site if you have breached the Terms or take any action we deem appropriate (including those described in paragraph 8).

It is your responsibility to take all necessary steps to allow you to access our Site. To this end, you must have a terminal and a subscription to telecommunications networks that comply with the standards and regulations in force, allowing you to browse and/or connect to the Site. In addition, you must have personal computer equipment that is free of any viruses, trojans, logic bombs, computer viruses and any other unwanted programs that may disrupt the operation and use of the Site.

3. USERS OUTSIDE EUROPEAN UNION

The Terms relate to our EU Website [www.graff.com], and are intended for persons residing in the European Union. We do not guarantee that the content available on or via our Site is available or can be used in other countries.

If you do not reside in the EU, please consult our global directory on our Contact Us page, or contact our customer service team, who will be able to direct you to the relevant online boutique.

4. CHANGES TO OUR SITE

We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site.

5. YOUR RELIANCE ON OUR CONTENT

We strive to provide and implement all possible means to publish on the Site, information as accurate, complete and up-to-date as possible.

We specifically draw your attention to the fact that some products reproduced on our Site may appear slightly larger or smaller than their actual size, due to screen defects or photography techniques. Please refer to our Terms and Conditions of Use and Sale on this point.

Furthermore, we are not responsible for content published by third parties on our Site, or by you, such as opinions and comments on Graff products or any other content or information. We cannot be held responsible for the content, activities or information stored on the Site by users of the Site unless we do not make them promptly inaccessible after their manifest illegality has been notified to us under the conditions provided for by law.

6. YOUR ACCOUNT DETAILS

Protect your data. If you choose to create an account on our Site, you must ensure that the log-in details, such as your username and password, remain confidential and are not disclosed to any third party.

As such, entering your username and password constitutes the act that constitutes proof of your identity and the acts carried out on the Site are therefore under your responsibility. These acts constitute an electronic signature, which has the same value between you and us as a handwritten signature.

We reserve the right to deactivate any user account and password at any time, if we reasonably believe that you have not complied with any of the provisions of these Terms and all other documents to which they refer.

If you know or suspect that anyone other than you knows the details of your user identifiers, or in the event of loss, misappropriation or fraudulent use of your identifier and/or its password, please inform us promptly at clientservices.eu@graff.com.

7. VIRUSES, HACKING AND CORRECT USE OF THE SITE

Security of our Site. We do not guarantee that our Site will be secure or free from bugs or viruses, and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other property due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on our Site or your downloading of any content or other materials from our Site. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Misuse of our Site. You must not misuse our Site by knowingly introducing viruses, trojans, spyware, adware, logic bombs or other material or computer code that is malicious or technologically harmful, including material designed to adversely affect the operation of any computer software or hardware.

Prohibited Activities. You must not: (i) engage in any spidering, "screen scraping", "database scraping" or harvesting of email addresses or other personal or contact information, or use any other automatic means to access, log in to or register on our Site or any service or feature offered on or through our Site, or obtain lists of users or obtain or access any other information or features on, from or through our Site, including, without limitation, any information residing on any server or database connected to our Site; (ii) obtain or attempt to obtain unauthorized access to any computer systems, materials, information or services available on or through our Site by any means; (iii) use our Site in any manner intended to interrupt, damage, disable, overburden or impair our Site, including, without limitation, sending unsolicited messages or flooding servers with requests; (iv) use our Site or features of our Site in violation of our intellectual property rights or other legal proprietary rights or those of any third party; or (v) use our Site in violation of any applicable law.

You may not use our Site:

(a) In any way that violates any applicable local, national or international law or regulation.

(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

(d) To send, knowingly receive, download, use or re-use any material which does not comply with the content standards that we may share with you or post on our Site from time to time.

(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Unlawful and prohibited access. You must not a access without authority, interfere with, damage or disrupt our Site or any part of it, the server on which our Site is stored or any server, computer or database connected to our Site, any equipment on which our Site is stored, and software used in the provision of our Site, or any equipment or network or software owned or used by any third party in connection with our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

No reverse engineering. You may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Site and/or its content, or make unauthorised use thereof. You agree that you will not use our Site in any manner that could damage, disable, overburden, or impair our Site or interfere with any other party's use and enjoyment of our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through our Site.

You may use our Site only for lawful purposes.

8. SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these Terms by your use of our Site.

Termination of Rights. When a breach of these Terms has occurred, your right to use our Site will cease immediately on a temporary or permanent basis (at our discretion), and we may take such action as we deem appropriate.

Further Action. Failure to comply with any of the prohibitions in paragraph 7 constitutes a material breach of these Terms, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions in addition to withdrawing your right to use our Site:

a. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.

b. Issue of a warning to you.

c. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

d. Further legal action against you.

e. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

9. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other website, nor must you create a link to any part of our Site other than the home page.

We reserve the right to withdraw permission to link without our permission.

[The website from which you are linking must comply in all respects with Graff Diamonds content standards.]

If you wish to make any use of content on our Site other than that set out above, please address your request to clientservices.eu@graff.com.

10. INTELLECTUAL PROPERTY

Our rights. We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on our Site, as well as the look and feel and the design of our Site and the organisation of the content on our Site. Trademarks, logos and service marks displayed on the Site, are registered and unregistered trademarks of the House of Graff, its licensors or content providers, or third parties.

Your rights. Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the content and elements found on the Site or incorporated therein is strictly prohibited without our express prior consent. Nothing on the Site may be interpreted as granting, whether by inference, estoppel or otherwise, a license or any right to use the content broadcast on the Site displayed on the Site unless otherwise indicated in these Conditions.

No commercial gain. You must not use any part of the Content and/or materials on our Site for commercial purposes without obtaining a licence to do so from us or our Licensors. This does not prevent you from drawing the attention of others within your organisation to material posted on our Site (subject at all times to these Terms).

No Modifications. You must not modify any copies you may have printed off or downloaded from the Site in any way, and you must not exploit any illustrations, photographs, video or audio sequences, diagrams or graphics from the Site separately from any accompanying text.

Breach of these provisions. If you breach any of these provisions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. OUR LIABILITY

Liabilities not excluded. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which the law does not allow us to exclude or limit our liability.

Liabilities in relation to the purchase of products. Various limitations and exclusions of our liability apply to purchases of products made from Graff, whether in one of our stores or online via our Site. Please refer to the terms of your purchase agreement and/or the Terms and Conditions of Sale for further details.

Liability for business use. Our Site is for your personal and private use only. You agree not to use our Site for any commercial or business purposes. In this respect, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Liability for Unforeseen Losses. We accept no liability for any loss or damage that could reasonably be considered foreseeable in connection with any user's use of our Site, the use of or inability to use the Site, the results of the use of our Site or any website linked to it, or the content posted on it.

12. INFORMATION ABOUT YOU AND YOUR BROWSE ON OUR SITE

We will only use your personal information in accordance with our Privacy Policy.

13. INDEMNIFICATION

You agree to defend, indemnify and hold us and our affiliates and their respective directors, officers, employees and agents harmless from and against any suit, claim or demand, debt, loss, and all settlements, damages, expenses (including reasonable legal fees), arising in any way from (i) your use of our Site; (ii) your installation or transmission of any content or other material through our Site; or (iii) your breach of law or these Terms.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

14. OTHER IMPORTANT TERMS

Changes to these Terms. We may revise these Terms at any time without notice. Such changes will be effective immediately upon posting on our Site and your continued use of our Site following the posting of such changes will be deemed to be your acceptance of such changes.

Please check these Terms from time to time and each time you wish to use our Site, and take notice of any changes we make or have made, as they are effective and binding on you from the time of posting.

Assignment and Transfer. We may freely assign or transfer our rights and obligations under these Terms to any third party. We will endeavour to notify you if this happens.

Third Party Rights. These Terms are entered into between you and us and are only effective between you and us. Subject to applicable legal provisions, no third party may claim any right arising from these Terms.

Independence. Each clause of the Terms is autonomous. If any provision of the Terms is declared null or void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten and will not result in the nullity of the other provisions, which will remain in full force and effect.

Waiver. The fact that we do not invoke any provision of these Terms against the other party shall not be interpreted as a waiver of the right to invoke it subsequently.

Jurisdiction and applicable law. These Terms are subject to European Union law to the exclusion of any foreign law (except for public policy provisions where applicable) and any international convention. The French courts will have non-exclusive jurisdiction over any dispute or claim arising from these Terms.

15.CONTACT US

If you have any questions regarding material that appears on our Site, please contact clientservices.eu@graff.com. You can also contact our customer service.

Thank you for visiting our site.

Effective date: 1 Jan 2021

Last modified: 1 Jan 2021