Terms & Conditions
Goods and services, at tax-free prices are invoiced at the price prevailing at time of order. Antonio Diamond Boutique reserves the right to modify the prices from time to time.
Delivery, Title and Risk
Antonio Diamond Boutique will use reasonable endeavours to despatch goods by the date agreed with the customer but does not accept liability for failure to deliver within the stated time, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies. If a delay is likely, we shall contact the customer and advise of the delay. A customer shall be entitled to cancel an order when advised of a delay, if the revised delivery date is not acceptable.
Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods does not pass to the Customer until payment is received in full.
Upon delivery of the goods, it is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be reported to Antonio Diamond Boutique. Antonio Diamond Boutique shall not be liable for discrepancies or damage evident on any delivery where the Customer accepts delivery and signs a Proof of Delivery without noting the problem.
The Consumer Protection (Distance Selling) Regulations 2000
Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Antonio Diamond Boutique website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations'). More information is available at the Office of Fair Trading website.
If the Regulations apply, Customers may cancel goods purchased from Antonio Diamond Boutique by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Antonio Diamond Boutique, 47-49 Main Street, Gibraltar, Europe or by fax to +350 20074107 or by e-mail to [email protected]
If you are not fully satisfied with your goods, then you must advise us within 7 days of receipt of your purchase. The goods must then be received by us within 7 days of us issuing you with a Return Authorisation Number.
The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations.
The Customer is under a duty to retain possession of the goods whilst awaiting return to Antonio Diamond Boutique and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
Warranties & Returns
Antonio Diamond Boutique is committed to providing customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below. Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special prices or goods may be ordered specifically for them. Accordingly, orders for such goods cannot be cancelled. Antonio Diamond Boutique can only return or repair these Goods where they prove to be defective and the Goods are returned for repair or replacement.
In the event that Antonio Diamond Boutique, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agrees to accept the return for credit of unwanted products, the goods must be returned with Antonio Diamond Boutique's prior written agreement within 7 days of delivery. The goods must be unopened and the packaging undamaged, with any manufacturers’ seals intact, and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply) will be subject to a 25% re-stocking fee of Antonio Diamond Boutique's sale price for the goods. Please ensure that the product(s) you have purchased are to your specification prior to breaking any manufacturers seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them.
Antonio Diamond Boutique's Customer Support staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Antonio Diamond Boutique Returns (Antonio Diamond Boutique), 47-49 Main Street, Gibraltar, Europe.
A Goods Returns Authorisation Number (RAN) must be obtained from Antonio Diamond Boutique for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned which may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned, and must be in the original manufacturer's packaging. Returned items not complying with these requirements will be rejected.
Antonio Diamond Boutique cannot accept liability for packages damaged during return transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we will refer you to the product manufacturer who will deal directly with the return, in which case, we will provide you with the contact information for the relevant manufacturer. Alternatively the item may be returned to us (after receiving an RAN) and we shall send the item to the manufacturer on your behalf. Please note that returning items to us will add time to the process of handling your warranty claim. This does not affect your statutory rights as a Consumer.
This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer, or to goods not used in accordance with the manufacturer's instructions.
Earrings which are designed for pierced ears may not be returned for refund or exchange.
Antonio Diamond Boutique shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of Antonio Diamond Boutique's obligations in respect of the Goods, if the delay or failure was due to any cause beyond Antonio Diamond Boutique's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Antonio Diamond Boutique's reasonable control:
- act of God, explosion, flood, tempest, fire or accident;
- war, threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Antonio Diamond Boutique or of a third party);
- difficulty in obtaining materials, labour or machinery; and
- power failure or breakdown in machinery.
If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
Errors & Omissions
Antonio Diamond Boutique makes every effort to ensure that all prices and descriptions quoted in its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Antonio Diamond Boutique will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Antonio Diamond Boutique's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Antonio Diamond Boutique after the manifest error has been discovered.
A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Antonio Diamond Boutique which is more than 10% less than the price that would have been quoted had the mistake not been made.
General terms of business
Nothing in these terms and conditions affects your statutory rights as a Consumer.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised Antonio Diamond Boutique official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Customer Service queries
Antonio Diamond Boutique shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Customer has made within 48 hours of receipt of any such query.
Antonio Diamond Boutique shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Customer reasonably notified of any progress thereafter.
Telephone calls made to Antonio Diamond Boutique may be recorded for training purposes.
Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
Antonio Diamond Boutique's failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Conditions.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery or by registered post or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
In the event of a dispute between the Customer and Antonio Diamond Boutique, should Antonio Diamond Boutique in writing require, the Customer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
The contract shall be governed by the laws of Gibraltar and the Customer agrees to submit to the non-exclusive jurisdiction of the Gibraltar courts.
Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed in the catalogue or on our website, especially with generic products.
Claims for non delivery must be made within 7 days of the invoice date.
Delivery charges are non-refundable.