Terms and conditions

Signing a Purchase order, the Buyer expresses its unambiguous and explicit consent to purchase the Product, which is a laboratory grown diamond in the rough that was created at high pressure and temperature, on the basis of carbon and microelements of human or animal hair or ashes provided by the Buyer, and thereafter cut and polished to become a diamond,” Heart Diamond “(HD) (hereinafter referred to as the "Product"), in accordance with conditions provided in the Purchase Order and these Terms and Conditions.
On the date of signing the Purchase Order and these Terms and Conditions, the Buyer shall pay the full amount of his/her order to the Company (Heart Diamond brand owner or its authorized representative) for the manufacture of the Product. The order for the Product shall be deemed accepted for execution, only if 100% payment of the order has been received from the Buyer.
From the date of signing of the Purchase Order and these Terms and Conditions, the prepaid amount shall not be refunded to the Buyer, unless the Company denies fulfilment of the Order, or the Order cannot be fulfilled through the fault of the Company.
The Buyer warrants that samples of hair or ashes provided by him/her for the purposes of creation of the Product, are legally in his or her property and have not been encumbered by any third parties' liabilities. The Buyer warrants that no consent of third parties is required to use samples of hair or ashes for the purposes of creation of the Product. In the event of any claims and/or disputes connected with the right to the samples of hair or ashes, the Buyer shall be liable him/herself, and shall settle all differences at his/her own expense.
The Buyer does hereby acknowledge that he/she is aware that samples of hair or ashes he/she provided for the purposes of creation of the Product will be subjected to processing in order to obtain a set of microelements inherent to a specific man or animal, and to subtract a personalized basis for creation of the Product. The Buyer shall agree and understand that in the process of creation of the Product, samples of hair will non-convertibly loose their original structure, and they cannot be retuned to him/her in their original state.
The buyer will provide the company with a sample of hair or ashes for the product creation. The hair or ashes must be sealed in a plastic container and shipped to the Company to the following address: Anniversary Diamonds Limited, Office 333, 19-21 Crawford Street, London W1H 1PJ.
The Buyer understands and agrees that all samples of hair or ashes will be used by the Company in accordance with its internal regulations, including, but not limited to: analysis, extraction of microelements for the purposes of creation of the Product, standby storage, etc.
The Buyer warrants that he/she understands conditions set out below and agrees to them: - the process of creation of the Product takes place in conditions of high temperatures and pressure, similar to those of diamond development in the Earth crust; - every diamond is grown individually and may have inclusions - the Company will endeavour to obtain a top quality diamond. In the event that quality may be improved only by reducing the weight of the diamond, the Parties will have to coordinate their further activities in this respect; - quality (clarity) of the diamond might not meet the Buyer's wishes or wishes of any third parties interested in creation of the Product; - the risk of loss of the Product in the process of its creation is very small, but still exists. By signing these Terms and Conditions, the Buyer assumes all risks provided in this clause above and related to manufacture of the Product.
Should the weight of the finished Product turn out to be less than that agreed between the Parties in the Purchase Order, the Company commits to reduce the price of the Product respectively. Should the weight of the finished Product turn to be more than that agreed between the Parties in the Purchase Order, the Company commits not to increase the price of the Product. No discrepancies between the actual weight of the Product and that agreed between the Parties in the Purchase Order shall constitute breach by the Company of its obligations, not shall it constitute grounds for refusal of the Buyer to accept the Product.
The Buyer understands that, in view of the complex technology of creation of the Product, the Product might not be created on whatsoever reason. In the event of an industrial accident that occurred through the fault of the Company and resulted in an unintentional loss of the Product in the process of its creation, if the Product cannot be created anew from the remaining materials (samples of the buyer's hair or ashes), the Company shall immediately notify the fact thereof to the Buyer and refund the money received. The Buyer does hereby acknowledge that the refund of moneys paid by the Buyer for the Product covers all losses of the Buyer in full, and the Company shall not be liable to the Buyer, or any third parties that may be directly or indirectly or potentially connected with this order, for any damage, whether direct or indirect or consequential or collateral or whatsoever else.
The Company does hereby warrant that the Product will be specified as a diamond and will be accompanied by the following document: - А Certificate of Authenticity: confirming the creation of a personalized diamond and including diamond grading report. If the diamond ordered is larger than 1/10 carat, it will also be accompanied with a diamond certificate from AnchorCert of Birmingham Assay Office.
The Parties agree that nothing in these Terms and Conditions or in the Purchase Order shall be construed as a promise or guarantee of a successful outcome of the procedure of manufacture of the Product. The Company commits to take all reasonable steps necessary for attainment by the Product of characteristics set out in the Purchase Order.
The Party in breach of its obligations shall not be held liable for any partial or complete failure to fulfil its obligations hereunder, if it was prevented from fulfilment of its obligations by any extraordinary circumstances or circumstances that could not be reasonably prevented (force majeure).
These Terms and Conditions and the Purchase Order are hereby duly drawn up in accordance with laws of England and Wales. In the event that any relationships of the Parties were not covered in these Terms and Conditions or Purchase Order, laws of England and Wales shall apply.
These Terms and Conditions and the Purchase Order constitute the final and only valid agreement between the Parties. All previous, concurrent, direct or indirect, or whatsoever other arrangements, understandings, discussions, etc. shall be null and void.
Any amendments to or changes of these Terms and Conditions and the Purchase Order shall be deemed valid, if made in writing and signed by both Parties or authorized representatives of the Parties.