Terms and Conditions of Sale
This page provides information about who we are and the legal terms and conditions (“Terms”) on which we supply products to you from [www.graff.com] (“Our Site”). Your use of our Site is governed by separate terms and conditions.
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By placing an order on Our Site you agree to be bound by these Terms and the terms and conditions of use of Our Site. If you do not accept these Terms or if you have any questions about them, please contact our Customer Services Team.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Graff Diamonds Japan KK, a company registered in Japan, with registered office at 3-3-1 Ginza, Chuo-ku, Tokyo 104-0061. Our company registration number is 0100-01-110794. To find out more about the House of Graff and our history, please see The House.
Contacting us. You can contact us by contacting our Customer Services Team.
Contacting you. If we need to contact you, we will do so using the contact number, email or postal address you provided to us in your order. From time to time we (and/or our delivery partners) may also use SMS or other messenger services, where you are happy for us to do so, to provide you with order and delivery updates. For more information on how and why we may contact you, and how we will handle your personal data (such as your contact details) please see our Privacy Policy.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
2. PLACING AN ORDER
Who can place an order? These Terms relate to our Japanese website, www.graff.com. To purchase from the Japanese website, you must be over 18 and a resident in Japan.
If you are not resident in Japan, or would like to ship to a country other than Japan, please consult our global directory here, or contact our Customer Services Team here, and they will be able to direct you to the relevant microsite.
When is an order placed? Once you have selected the products you wish to purchase and placed them in your basket, you will be guided through the checkout process by a series of on-screen instructions. You place an order by clicking the [pay now] button at the end of the checkout process. We may seek pre-authorisation at the point you place your order, but we will take payment for the goods at the point we notify you the goods are ready for dispatch.
Check out options. You will be given the option to checkout as a guest or using a personal account. For details of how to register and use your account see terms and information about your account.
Order confirmation. We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation detailing the products you have ordered. These emails do not constitute acceptance of your order.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. OUR CONTRACT WITH YOU
Order acceptance. Our acceptance of your order will take place when we send you an order dispatch notice by email, at which point a contract will come into existence between you and us. We will also issue you with an invoice at this point and will collect payment from the payment method you have provided us.
Non-acceptance. If we are unable to accept your order, we will inform you of this via email, using the details we hold for you and will not charge you for the product. This might be for example because the product is out of stock, because of unexpected events or limits on our resources which we could not reasonably plan for, because you do not meet the eligibility criteria to place an order set out in these Terms, because we have not been able to obtain authorisation for your payment, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. OUR PRODUCTS
We will take all reasonable care to ensure that the product descriptions, images and prices that appear on Our Site are correct, accurate and up-to-date. However, please take note of the following:
If you have any questions regarding the physical appearance or characteristics of a product you wish to purchase, please contact our Customer Services Team here.
Images. The images of the products on Our Site are for illustrative purposes only and do not show the actual product you will receive. There may be some key variances in relation to:
(a) Colour: although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
(b) Size: on the website, some products appear larger than the actual size, in order that we can clearly show the product’s details. Alternatively, they may be shown at small scale in order to show the entire item. Your product may vary in scale, please refer to the product measurements and dimensions for an accurate depiction of the size of the product.
(c) Carat weight: the carat weight detailed for each product on Our Site is accurate to 2 decimal places. Images used on Our Site may show products of similar, but not exactly the same, carat weight.
Customised products. Certain of our rings can be customised to your preferred size. Where this is the case, you will be presented with sizing options during the ordering process. Customising may mean we are required to make some changes to the original specification; where this is the case, we will discuss such changes with you in advance of confirming your order. The sale of all customised and personalised products will be considered final; no returns will be accepted. Customised and personalised products are not subject to the normal turnaround/ shipping commitments.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Making sure your measurements are accurate. If we are customising the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. Please see our size guide here. If you require assistance, please contact us here and we would be happy to provide guidance.
5. DELIVERY
Delivery costs. We will use specialist delivery partners to deliver the products to you. The costs of delivery vary depending on the products and the delivery address. The delivery cost for your products will be as displayed on the check-out page, when you place your order. You can see more details of delivery costs and timescales here.
Delivery timescales. Your order will be fulfilled by the estimated delivery date set out in the order confirmation email unless we are prevented from doing so by circumstances beyond our reasonable control. If this happens, we will contact you as soon as possible to let you know and provide a revised estimated delivery date. Provided we do this we will not be liable for such delays. If the delay is substantial you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the products from one of our designated boutiques, you can do so during the advertised opening times.
Missed deliveries and collections. If no one is available at your address to take delivery, our delivery partners will leave you a note informing you of how to rearrange delivery or a collection from boutique.
If you do not collect the products as arranged or if, after a failed delivery, you do not re-arrange an alternative delivery or collection, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and we will provide a refund for any products you have paid for but not received.
Title and Risk. Risk in the product you have ordered will pass to you at the moment when you or someone authorised by you, receives the product from us (or from our delivery partners, on our behalf). If you notify us you wish to end the contract, risk in the returned products will transfer back to us at the point you or someone authorised by you, hands the product to one of our boutique staff or to our specialist delivery partner (if we have arranged to collect the product from you) or (where you arrange the return yourself) we receive it from your carrier at one of our boutiques or our office address.
You will own the product from the point at which we have received your payment in full and (in the case of payment via bank transfer) in cleared funds.
6. YOUR RIGHTS TO END THE CONTRACT
Damaged, defective or misdescribed products. If what you have bought is damaged, defective or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph 9.
Our breach. In addition to your rights to cancel set out elsewhere in these Terms, you have a right to end the contract if:
(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed; or
(b) we are breach of these Terms or fail to comply with our legal obligations.
To exercise this right to end the contract, you should notify us here. When we receive such notice from you, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
Your right to cancel under the Specified Commercial Transaction Act. In addition to your rights to end the contract set out above, for most products bought online you have a legal right under the Specified Commercial Transaction Act to change your mind and return the products within 14 days from the date on which you receive the products, and receive a refund. Please note that, as noted above, the sale of all customised and personalised products will be considered final; no returns will be accepted. Customised and personalised products are not subject to the normal turnaround/shipping commitments. Costs for returning the products will be born by you.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. If you want to end the contract with us in accordance with your rights set out in this contract or your legal rights, you need to let us know. You can do this:
(a) In person in one of our designated boutiques.
(b) Phone, email or message here. Please provide your name, address, order number and, where available, your phone number and email address.
(c) By post. Simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract. If you exercise your legal or contractual rights to end the contract after products have been dispatched to you or you have received them, you must return them to us. If you exercise your right to change your mind you must either take the products to our designated boutique or allow us to collect them from you within 14 days of receiving the products.
You must look after the products until they are returned to us and return them to us in the condition in which you received them. If you do not, we may be entitled to reduce the refund we pay to you or seek compensation.
Costs of return. If you exercise your legal or contractual rights to end this contract except for your right to cancel under the Specified Commercial Transaction Act and we arrange to collect the products from you, we will bear the costs of doing so. In all other circumstances you will be responsible for the costs of such return.
Refunds. If you are entitled to return the products in accordance with your rights set out in this contract or your legal rights, we will refund you the price you paid for the products including delivery costs, by the method you used for payment.
If you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day we receive the returned products or, where we have arranged the return, from the day you inform us you want to cancel the contract.
8. OUR RIGHTS TO SUSPEND OR TERMINATE THE CONTRACT
Non-payment. We ask you to pay for the products at the point you place the order, but may not charge your credit/debit card or collect payment from you until just before we dispatch the products to you. If we are not able to process the payment at that point, we will suspend the dispatch and contact you to enable you to arrange payment via another method. If you are unable to arrange the payment, we may terminate the contract with you.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our Customer Services Team here. Alternatively, please speak to one of our staff in one of our boutiques.
Your legal rights. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local authority including the Consumers Affairs Agency. Nothing in these Terms will affect these legal rights.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to one of our designated boutiques or allow us to collect them from you. We will pay the costs of collection. Please contact customer services for a return label or to arrange collection here.
10. PRICE AND PAYMENT
Consumption tax Inclusive pricing. The price of the product (which includes consumption tax) will be the price indicated on the order page when you placed your order. If the rate of consumption tax changes between your order date and the date we supply the product, we may adjust the rate of consumption tax that you pay, unless you have already paid for the product in full before the change in the rate of consumption tax takes effect.
What happens if we got the price wrong. We take all reasonable care to ensure that the price of the product advised to you is correct and we normally check prices before accepting your order. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If at the date you place your order, the product's correct price is less than our stated price, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. However, if we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When and how you must pay. We accept payment via the various methods shown on the order page. We ask you to pay for the products at the time of placing your order, however we may not charge your credit or debit card until just before we dispatch the products to you. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
If you think an invoice, or information shown on the order confirmation email or despatch note, is wrong, please contact us promptly to let us know.
11. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) for breach of your legal rights in relation to the products including the right to receive products with title and quiet enjoyment and which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and, fit for any particular purpose made known to us; (d) defective products under any applicable legislation; or (e) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law.
We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or goodwill and, subject to the exclusions set out above, our liability in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms for losses you suffer as a result of our breach of these Terms shall be strictly limited to the purchase price of the product you purchased.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our PRIVACY POLICY.
13. OTHER IMPORTANT TERMS
Variations. We may review and amend these Terms from time to time, for any reason, including to reflect changes in relevant laws and regulatory requirements.
Assignment. We may assign, transfer or subcontract our rights and obligations under these Terms to a third party at our discretion and we will remain liable for the acts and omissions of any subcontractor as if they were our own acts and omissions.
You may only assign, transfer or subcontract your rights or your obligations under these Terms to a third party if we agree to this in writing.
Third Party Rights. This contract is between you and us. No third party shall be entitled to enforce any of these Terms under any applicable legislation.
Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, you and we nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant paragraph, and the remaining paragraphs will remain in full force and effect.
Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Jurisdiction and applicable law. These Terms are governed by Japanese law and the Tokyo District Court in Japan will have exclusive jurisdiction at the first instance over any disputes or claims arising from or in relation to these Terms, the products and any order or contract made between you and us.