TERMS OF USE
For the purposes of all references within this website www.wetradediamonds.com is herein referred to as We Trade Diamonds, our website, we, us or our.
We provide access to our website to Visitors and Customers (“Visitor(s)”, “Customer(s)”, “your”, “you”) to sell diamonds subject to the following terms and conditions (“Terms of Use”), which may be updated by us from time to time without notice to you. By browsing and/or accessing and/or using our website, you acknowledge that you have read, understood, and agree to be legally bound by the Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).
Any changes or modification will be effective immediately upon posting of the revisions on this website. Your continued use of our website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of our website. If you do not agree to the amended terms, you must stop using our website.
If you have any queries or concerns about our Terms of Use, please feel free to send an email to Customer Support at info@wetradediamonds.com or call us on +27 (0)10 020 2030 or +44 (0) 207 101 4244 (during Office Hours: Weekdays 9:00 – 17:00).
Please read these Terms of Use carefully.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
1. DESCRIPTION OF SERVICES
We Trade Diamonds is the premiere online marketplace in the UK and South Africa for you to buy and/or sell your diamonds (each sale constitutes a “Transaction”).
We are under no obligation to accept any individual as a Customer, and may accept or reject any Customer in our sole and complete discretion.
We reserve the right to refuse to assist in the sale of any valuable for whatever reason at our sole discretion.
We make every attempt to ensure that our online services, product and certificate information is as accurate, reliable and complete as possible. We attempt to describe in detail the product specifications and/or services we offer but in some cases the actual product specification and/or services offered and delivered may differ from the online information, as we are continuously changing, modifying and improving our product and services.
2. RESTRICTIONS
Our website is available for individuals 18 years or older. If you are under 18, please do not use the website. By accessing and using the website, you represent and warrant that: (i) you are at least 18; (ii) you are the actual, legal owner of the diamonds or other items you are attempting to sell to us; and (iii) you are acting on your own behalf and not as the agent or representative of any other party.
3. RULES AND GUIDELINES FOR USING OUR WEBSITE
By accessing and/or using the website, you hereby agree to comply with these community rules:
You may not download, export or re-export in violation of any law;
You will not send us any hazardous materials or any materials that do not contain diamonds;
You will not use the website for any unlawful purpose, including money laundering;
You will not post or send us false or misleading information;
Other than sending us information in accordance with this Agreement, you will not use the website to engage in any commercial activities, including, without limitation, raising money, advertising or promoting a product, service, or company or engaging in any pyramid or other multi-tiered marketing scheme;
You will not access or use the website to collect any market research for a competing business;
You will not upload, post, e-mail, transmit, or otherwise make available any Customer content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is threatening, defamatory, slanderous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, physical address, phone number, credit card information, or any similar personal and private information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the website;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the website; and
You will not interfere with or attempt to interrupt the proper operation of the website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the website through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we will review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the website, or any portion of the website, without notice and remove any Customer content that does not adhere to the above guidelines.
4. SELLING YOUR DIAMOND TO US – HOW IT WORKS
We are the premiere online marketplace in the UK and South Africa for you to sell your diamonds. Cut out the middlemen and their mark-ups! Contact Us for a free evaluation and to make you the best offer first.
Factors that determine value when you sell your diamond:-
Diamonds are complex items to value and require expert gemological knowledge. Diamonds are evaluated based on cut, clarity, colour and carat weight, or the “Four Cs”.
Cut – This refers to the shape that has been given by the diamond cutter. Because modern diamonds have near-immaculate cuts, their value is higher than antique diamonds since their cuts are not as accurate.
Clarity – Evaluators look for a lack of flaws and blemishes on the gem. The fewer the blemishes the diamond has, the higher its value.
Colour – Most diamonds are not totally colourless, like the majority of people believe. They usually have hints of yellow or brown. Diamonds that are graded to be completely colourless have higher value. Of course, this doesn’t apply to coloured diamonds. They have an evaluation scale of their own.
Carat – Diamond jewellery owners typically know the carat weight of their stone because it refers to its size. The bigger the diamond, the greater the carat weight and value.
Beyond the Four Cs there are many other factors that affect the value of a diamond. Fluorescence, brilliance, scintillation, and symmetry are just a few of the things our expert team checks for when providing a valuation for a diamond. We also consider market demand for each stone.
Selling your diamond(s) to us is easy, worry free and convenient:-
How it works:
Step 1: Submission
If you’re interested in selling your diamond or trading it in for a newer one, start by completing our online submission form in as much detail as possible. The more information you can provide, the faster our team of professionals will be able to assist you. Our dedicated team aims to get back to each submission within 24 hours, however, this may vary depending on the nature of the item and the amount of investigation and research required.
Step 2: Assessment
Once we have received your information, our team of certified gemologists will review your submission within a 24 hour review period. The value of your item will be considered against the global market price and we will keep you informed during this process.
Step 3: Review
During the Review process, our diamond buyers will carefully inspect your item, checking for the 4 Cs: Carat, Clarity, Colour and Cut. We will then provide you with the estimated price value of your diamond. If you chose to accept, we will then make an appointment at either our offices or by meeting you in a suitable location. The item must be submitted to us for technological scanning and our final price offer will be provided via telephone and email.
Step 4: Payment
Once the final price offer is accepted, you will be required to sign handover documents and provide your bank details. Payment will be made instantly and directly into your account. Alternatively, we can assist you with trading your diamond in or up. We endeavour to ensure your experience is as efficient and professional as possible.
5. OWNERSHIP RIGHTS OF GOODS SOLD; WARRANTIES BY SELLER
As between us, all right, title and interest in and to the diamond(s) sold by you to us, are owned by you.
You represent, warrant and covenant to us that:
you have good and sufficient capacity, power, authority and right to enter into, execute and deliver in terms of and under these Terms of Use, to complete the transactions contemplated hereby and to duly observe and perform the covenants and obligations contained herein;
you are the legal owner of the diamond(s) and have the legal right, power and authority to sell the diamond(s) to us and perform your obligations under these Terms of Use;
you shall notify us immediately upon becoming aware there are circumstances which may prejudice the sale, the transaction, continuation and/or validity of and/or authorised activities under these Terms of Use;
that the diamond(s) hereby sold is your property and fully paid for, and that it is not subject to any lien or right of retention of whatsoever nature by any third party;
you are not a party to any agreement that precludes or otherwise restricts you from transacting with us;
the documents of title and identification as well as the verification certificate are true and correct in every material respect; and
that there is no legal action instituted or pending in respect of the diamond(s).
6. VALUATION AND OFFER, PAYMENTS, RETURNS
Valuation and Offer
Once we receive your items, we will test and evaluate them to determine their value. We may need to remove a diamond to adequately value it. We will ALWAYS obtain your consent prior to the removal of a diamond.
DURING THE APPRAISAL PROCESS IT IS SOMETIMES NECESSARY TO SCRATCH OR SCRAPE ITEMS IN ORDER TO REMOVE THE TOP LAYER OF MATERIAL SO THAT THE TESTING APPARATUS CAN ACCURATELY DETERMINE THE TRUE GRADE OR CARAT OF THE ITEM IN QUESTION. IN THE EVENT OF ANY RESULTING DECREASE IN THE VALUE OF THE ITEM CAUSED BY THIS PROCESS OR IN THE EVENT THAT YOUR ITEM IS SCRATCHED, SCRAPED, BROKEN OR DAMAGED IN ANY WAY DURING THIS PROCESS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE. THIS IS THE ONLY WAY TO ACCURATELY ASSESS THE ITEM’S TRUE VALUE.
If we make you an offer, it will be valid for 3 (three) days. As the prices of diamonds and other precious metals change regularly, our offers cannot generally be extended beyond then. Once you accept our offer your acceptance is legally binding on both of us and is irrevocable.
Please note: When accepting an offer any no value items will not automatically be returned to you, unless you specifically request their return at the time of the offer.
Note further: The market value of your setting and side stones will be calculated into the offer we share with you. The price you paid for the setting was mostly driven by its design and labour costs, rather than the actual cost of its metal and side stones, and as a result, the setting has a lower resale value. If you decide you would like to keep your setting, we will unmount your diamond and ship the setting back, free of charge.
Payments
After you accept our offer, we will arrange payment details with you. We will initiate and process payment using the following payment method:
Direct bank transfer (instant EFT) into your nominated bank account. We can pay straight into any account of your choice, with funds leaving our account the day after you agree to our offer. There is no charge for this service. We will send you a proof of payment receipt confirming the money has been transferred.
Take into account that it might take a few days for you to actually receive the payment. In addition, any misinformation provided to us may cause a delay in the delivery of payment as well as expenses that you might be required to bear.
7. INTELLECTUAL PROPERTY
The website contains material, such as software, text, graphics, images, audio-visual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both South African and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, our website, and our services automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on our website are registered and unregistered trademarks or service marks. Other company, product, and service names located on our website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively, the “Trademarks”). Nothing on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to our benefit.
8. COMMUNICATIONS WITH US; CUSTOMER CONTENT; PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, our website provides Customers the ability to post and upload Customer content. You expressly acknowledge and agree that once you submit your Customer content, it will be accessible by others and that there is no confidentiality or privacy with respect to such Customer content, including, without limitation, any personally identifying information that you may make publicly available.
You retain all copyrights and other intellectual property rights in and to your own Customer content. You do, however, hereby irrevocably grant us and our sub-licensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sub-licensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your Customer content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your Customer content permitted by the foregoing rights and licenses may include the display of such Customer content adjacent to advertising and other material or content, including for profit.
If you submit Customer content to us, each such submission constitutes a representation and warranty that such Customer content is your original creation (or that you otherwise have the right to provide the Customer content), that you have the rights necessary to grant the license to the Customer content under this section 8, and that it and its use by us and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any defamatory, or obscene material or content that violates our community guidelines.
9. NO WARRANTIES/ LIMITATION OF LIABILITY / DAMAGE LIMITATION
we make no warranties or representations about the website. we shall not be subject to liability for any delays or interruptions of the website from whatever cause. you agree that you use the website and the content at your own risk.
we do not warrant that the website will operate error-free or that the website, its servers, or their content are free of computer viruses or similar contamination or destructive features. if your use of the website or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
the website and the content are provided on an “as is” and “as available” basis without any warranties of any kind. we disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
other than in connection with our gross negligence or willful misconduct: (i) we shall not be liable to you (or to any person claiming rights derived from your rights) for consequential, incidental, indirect, punitive, or exemplary damages of any kind (including without limitation lost revenues or profits, or loss of goodwill or reputation) with respect to any claims based on contract, delict or otherwise (including negligence and strict liability) arising out of or relating to this agreement; and (ii) our maximum liability arising out of or relating to this agreement, regardless of the cause of action (whether in contract, delict, breach of warranty, or otherwise), will not exceed the aggregate amount of insurance proceeds we collect in connection with such claim.
the website may contain technical inaccuracies or typographical errors or omissions. we are not responsible for any such typographical or technical errors listed on the website. the website may contain information on services which are not available in every location. a reference to a service on the website does not imply that such service is or will be available to you. we reserve the right to make changes, corrections, and/or improvements to the website at any time without notice.
we shall not be liable for any consequential, special, incidental or indirect damages of any kind, regardless of the form of action, whether in contract, delict (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
10. External Sites / Third Party Content
Our website may contain links to third-party websites and web pages (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Each of those External Sites has its own terms and conditions and privacy policy. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We do not monitor nor have control over those External Sites or the content that appears on them. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take the necessary precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach and/or violation of this Agreement or any of your Transactions or your access to, use, or misuse of our website, the content, or our services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this section 11. In such case, you agree to fully cooperate with any reasonable requests assisting our defence of such matter.
12. JURISDICTION AND GOVERNING LAW
Our website is based in South Africa. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of South Africa. If you access our website or the content from outside of South Africa, you do so at your own risk. Whether inside or outside of South Africa, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
By accessing our website, you agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa, without giving effect to its conflicts of law principles, and all disputes, actions and other matters in connection therewith shall be determined in accordance with such law. You also consent and submit to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in the Republic of South Africa for the purposes of all and any legal proceedings arising from or concerning this Agreement.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, THIS AGREEMENT, OR OUR SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to our website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of our website at any time without prior notice or liability.
14. CUSTOMER SUPPORT; CONTACT US
To contact us, please write to one of the following addresses:
JOHANNESBURG
The Paragon,
1 Kramer Road, Bedfordview,
Johannesburg, South Africa
LONDON
5a Hatton Garden
EC1N 8AA, London
United Kingdom
Alternatively, you may speak to a Customer Support representative anytime between the hours of 09h00am – 17h00pm GMT on +27 (0)10 020 2030 or +44 (0) 207 101 4244.
Or, email us at info@wetradediamonds.com
15. MISCELLANEOUS / GENERAL PROVISIONS
If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, we may amend or delete the provision. The amendment or deletion of any clause will not affect the validity or binding nature of the remaining clauses and provisions.
Our failure to exercise any of the rights in relation to these Terms of Use does not constitute a waiver of its right to require compliance. Waiver of any part of this Agreement must be in writing and signed by an authorised officer of ours.
We may amend these Terms of Use from time to time. Each time you use the website, the Terms of Use which are in force at that time will apply to the agreement between you and us.
These Terms of Use are personal to you and cannot be assigned or transferred to any other person. You may not sub-contract any of your obligations under these Terms of Use. We may assign, transfer or subcontract the performance of our rights or obligations under these Terms of Use.
If it is reasonably necessary to do so we reserve the right to withdraw our website or any of the services without prior notice.
These Terms of Use represent the entire agreement between the parties relating to their subject matter and supersede all such prior agreements, arrangements and undertakings between the parties. You have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of us prior to entering into these Terms of Use which you relied upon in entering into these Terms of Use whether such representation was made orally or in writing.
This Agreement, created by you accepting these Terms of Use, is between you and us. No other person shall have any rights to enforce any of its terms, whether under contract law or otherwise.
These Terms of Use are subject to change any time, for any reason, with or without prior or subsequent notification.
Copyright 2019 We Trade Diamonds. All rights reserved.
Terms of Use Last Revised: 25 September 2019
