We hereby welcome you to our website www.diamondmarketplace.com (the
“Website”). All of our services on offer, together with our Website (the
provided by Diamond Marketplace Ltd, located at 9b-d Kimley Commercial Building,
142-146 Queens rd, Central, Hong Kong (referred to herein also as the
“DMP”, “we”, “us”, or
- 1. ACCEPTANCE OF TERMS
and you (or the “User”), and describe our business relationship with you,
and how we
will work together with respect to the Services, including the nature and limitations of
the Services we agree to provide to you, and how you are permitted to use the
Website. Please note that by using the Website you are deemed to have agreed to the
Terms, and they immediately become binding upon you, and they constitute the binding
legal agreement between you and us. If for any reason you do not wish to conclude
such an agreement, or you are not comfortable with the Terms, kindly refrain from
using our Website or our Services in any manner.
- 2. THE SERVICES
- Under the Services, we provide an online platform to be used as an online marketplace
for the sale and purchase of diamonds (the “Product(s)”) and jewelry for
non-commercial use. Use of our Services for commercial purposes is strictly prohibited.
Prospective sellers are invited to list their Products for sale on the Website and
prospective purchasers are invited to browse the Products and jewelry that are for sale
on the Website and to make purchases thereof. We act as an intermediary between
prospective purchases and prospective sellers (although we do reserve the right to
make purchases of Products ourselves from time to time directly from prospective
sellers on the Website). We also provide the option of purchasing jewelry (rings and
necklaces) as well as setting services for the jewelry.
- 3. YOUR USER PROFILE
In the event you wish to use our Services, you must create a user profile. In order to do
so you must: (a) be of legal age and have capacity to agree to these Terms on your
own behalf; (b) provide accurate, current, and complete information about yourself as
required during Website registration (the “Registration Data”); (c)
maintain the security
of any password and identification information used to access the Website; (d) maintain
and promptly update the Registration Data and any information you provide to us, keep
it accurate, current and complete; and (e) accept all risks of unauthorized access to
your information and Registration Data. You may also log into your user profile through
your Google or Facebook account using the same log in credentials as applicable.
If you create a user profile, you are responsible for maintaining the security thereof, and
you are fully responsible for all activities that occur in relation thereto, and any other
actions taken in connection therewith. You must immediately notify us of any
unauthorized use of or access to your user profile or any other breaches of security that
you become aware of. Without derogating from section 15 below, we will not be held
liable for any acts or omissions by you, including any damages of any kind incurred as
a result of such acts or omissions.
By creating a user profile, you represent and warrant to us that you are a human. User
profiles that are registered by "bots" or other automated methods are not
You must provide your legal full name, a valid email address, mobile phone number,
and any other information requested in order to complete the registration process. The
information you provide when you register a user profile will be stored in the database
of the Website. The creation of a user profile on our Website is deemed as an
undertaking and agreement by you that you will not act in any unlawful manner, nor will
you use any Products purchased on our Website in an unlawful manner or to commit
any unlawful act or offence of whatsoever nature. You may not use your account or the
Services for any illegal or unauthorized purpose. You must not, in the use of the
Services, violate any laws in your jurisdiction or the laws of any other jurisdiction under
which the use of the Services may be governed.
- 4. SALE AND PURCHASE
The following terms shall apply to prospective buyers:
Whether or not you have created a user profile, you may browse Products and jewelry
that are listed for sale on our Website. In order to make a purchase on the Website you
will need to create a user profile. You may either make an outright purchase by offering
the listed purchase price or you may make a bid of a purchase price with respect to
Products that are participating in the "bid" option. The “bid” option only applies
diamonds. For further information with respect to bids please see the section below.
- The following terms shall apply to prospective sellers:
Following the creation of a user profile, you may list Products for sale on the Website.
All Products that are listed and sold on the Website require authentication by us prior to
conclusion of the sale. Upon listing a Product prior to authentication thereof, you are
required to provide proof of your ownership of the Product in the form of a photograph
thereof, together with a GIA certificate as well as a receipt or other valuation that you
may have in your possession and a copy of your passport or other valid identity
document. Once you have listed your Products on the Website, based on the
information and the content that you have provided (forming the “User
you will receive an estimated value of the Products that you have listed. We reserve the
right to refuse to assist in the sale of any Product for whatever reason at our sole
discretion. The sale price of the Product shall be determined by you but may not
exceed the valuation provided by us. By placing your product on the Website, you
agree to negotiations on the purchase price of the Products placed by you. You may
receive an offer by a prospective purchaser equal to the listed price, receipt of which
would conclude the sale, alternatively you may also receive an offer lower than the
listed purchase price that the prospective purchaser shall submit through an online bid
process as further detailed below. In consideration for the listing of your Product on the
Website, and our Services, we shall be entitled to a commission of as set forth in the
fee schedule (the “Fee” ). The Fee shall be withheld from the purchase
price paid by the
purchaser for the Product, and it shall be considered as though the seller has received
full payment for the sale of the Product.
The following terms shall apply to all Users:
- Our valuation shall be market related and based upon the GIA characteristics of the
Product that have been provided, coupled with the User Submissions in relation
thereto. If the valuation is provided prior to authentication of the Product, the valuation
set forth on the Website will be adjusted in accordance with the update valuation, in
which case you may elect to remove the Product for sale and we will return the Product
to you at your cost and expense. The estimated value is our own valuation, based upon
what we believe is a fair valuation given current online/retail market considerations, and
such valuation may vary based on multiple different factors. Accordingly, we do not
provide any representation that our valuation is necessarily accurate, and we take no
responsibility, and hold no liability in so far as the estimated value that we provide. The
purchase price listed on the Website shall be the estimated value of the Product. Our
valuation strives to provide the best possible price for the sellers and the buyers of the
Products, however we cannot guarantee the same. The valuation is not valid if the
Product is not authenticated.
- Following a sale, whether an outright sale or through a bid process, you are required to
send the Products to us within 72 hours of the conclusion of the sale, to enable us to
authenticate the Products and to verify the estimated value thereof. Sale of products
are completed only after the Products are authenticated. We are not legally compelled
to complete the sale until such time as we have authenticated and verified the
estimated value of the Products ourselves. A valuation will not be valid if the Product
does not match the GIA Certificate, is damaged or is not an authentic diamond. You
may also send the Products to us for valuation prior to the conclusion of a sale. In such
a case you agree to consign the Product to us for a period of no less than one calendar
month and to list the Product for sale at the valuation price that we will provide.
Following the one calendar month period, if no sale has been concluded, you may then
request the return of your Product at no further cost to you.
- Sellers are entitled to place their Products in the bid option, pursuant to which
prospective buyers shall place a bid for the purchase of such Products. You may place
a bid and/or provide a counteroffer to the bid, the maximum of which shall not exceed
an amount equal to the listed purchase price. Any bid that you make shall remain valid
for acceptance by the respective seller for a maximum period of 48 hours whereafter it
shall expire. If a bid is placed on a Product, the seller has a maximum period of 48
hours to either accept or reject the bid. Once a bid has been duly accepted by the
respective seller, the sale is concluded and the seller and the successful bidder is from
then on bound by the terms of the sale, unless otherwise set forth herein.
Upon acceptance of a bid, the sale is concluded.
- Sale Conclusion and Cancellation:
- Conclusion of a sale is conditioned upon completion of all of the steps in the sale
process (receipt of the Product by DMP, authentication, receipt of payment from the
purchaser and delivery of the Product to the purchaser). In the event that any of the
steps of the sale process are not competed or satisfied (for any reason whatsoever),
we reserve the right to cancel the sale at our sole discretion with no liability towards
you. If a Product is found to be unavailable, we reserve the right to cancel the sale as
appropriate, with no liability toward you.
Furthermore, we reserve our rights to cancel any purchase made by a purchaser with
whom we have a dispute in relation to any previous purchase.
- 5. PAYMENT
- In order to make a bid on the Website you will be required to provide the details of a
valid credit card. We may require additional information in order to authorize and/or
verify the validity of any payment. In such cases we are entitled to withhold delivery of
any Product until such time as the additional information is received by us and
authorization is obtained by us for the payment. If we do not receive the authorization
then we reserve our right to cancel the sale. You hereby warrant that you are fully
authorized to use the credit card supplied for purposes of paying for the Products. You
also warrant that the credit card has sufficient available funds to cover all of the costs
incurred as a result of the Services used on the Website.
- Upon the conclusion of a sale of a Product that has not yet been authenticated, the
purchaser is required to pay a $200 holding deposit. If the Product does not pass the
authentication process, we will cancel the holding deposit and refund the purchaser
- If the Product has been authenticated prior to the purchase, following the conclusion of
the sale, the purchaser is required to make payment of the full purchase price. Once
you have made payment you will receive an email confirming your purchase (subject to
the right of cancellation as set forth herein). In addition to the purchase price, you are
liable to make payment for any and all levies or taxes imposed on or with respect to the
Products that you have purchased, all of which are subject to these Terms.
- Following payment, if we fail to ship your Products to you within 30 days, you are
required to bring this to our attention and following a further 5 days, should we still not
have shipped the Products to you, you will be entitled to request a full refund of your
payment. Furthermore, if you make a purchase on our Website and the Product has
already been sold or is unavailable, we reserve the right to cancel the sale. In such
event, the proceeds from any payment that you have already made shall be refunded
to you in full.
- The purchase price is exclusive of any taxes that may be added.
- 6. DELIVERY
- When you need to send your products to us, we will arrange a courier to ship your
Product accordingly. You are required to pay a holding deposit in the amount of $200 to
confirm the shipment (and if your Product is valued at $10,000 or above, we may ask
for a higher deposit to cover a higher insurance cost). If the package arrives empty, or if
the Products are not authentic or if they do not match the GIA certificate, or they are
damaged or appear to have been stolen, we shall keep the holding deposit and we will
ship the Product back to you as applicable at your further cost. Following receipt of
your shipment, and successful authentication, we will cancel the holding deposit and
refund you accordingly.
- In the event of the conclusion of a sale, once the Products have been authenticated,
we will ship the Products directly to the purchaser. A tracking number will be provided
to the Purchaser in order to track the shipment accordingly. We take no responsibility,
and we attract no liability whatsoever for any delay of the shipment or the late arrival of
the Products. If for any reason delivery is found to be impossible, we shall hold the
Products on your behalf for a period of 3 months whereafter we shall be intitled to
further sell the Products to defray costs with no further liability to you.
- Upon receipt of the Products, the purchaser is required to inspect the Products and to
sign the delivery note accordingly. In the event that the products are damaged or an
element of the Products is missing, this must be noted on the delivery note which must
then be emailed to us for our records. The Products must then be returned to us in
accordance with Section 8 below.
- 7. OWNERSHIP AND PASSING OF RISK
- The Products shall remain the lawful property of the seller until such time as we have
received full payment of the purchase price including all taxes and any ancillary costs.
The transfer of risk or loss or damage to the Products shall take place upon receipt of
the Products by the purchaser.
- 8. RETURN OF PRODUCTS
- Products which were purchased cannot be refunded or exchanged. If you are unhappy
with your purchase, you will have a 14-day period in which you may return the Products
to us, and we will relist your Products for sale on your behalf with a zero Fee (in which
case you are not entitled to a refund of the purchase price paid for such Product). A
processing fee may be charged for this service. If the Products you received were
damaged or incorrectly supplied to you, you must notify us in writing immediately upon
receipt thereof and you must send the Products back to us immediately and subject to
our return policy you may receive a refund. Our return policy is available here
- 9. INSURANCE
- We confirm that the Products are covered by our third-party insurance policy in the
amount of the estimated valuation from the moment that you ship them to us, and any
proceeds received from a successful insurance claim are subject to the terms and
conditions of the insurance policy. To successfully make any claim from the insurer you
will be required to supply proof that the Products were sent to us. The courier’s
shipping label shall serve as sufficient proof that you shipped the Products to us. You
will also be required to comply with all other requirements of the insurance company as
the case may be. The contents of Section 15 shall apply mutatis mutandis hereto.
- 10.INTELLECTUAL PROPERTY RIGHTS
- These Terms do not transfer from us to you any of our or any third party's intellectual
property, and all rights, title and interest in and to such intellectual property, including
any copyrights, trademarks, slogans, service marks, trade names, trade dress or other
proprietary rights in the Website shall exclusively remain solely with us and the
respective third party as the case may be. We neither claim nor accept any ownership,
responsibility, or intellectual property rights over any of the User Submissions and/or
content that you provide to us.
Any violation of our intellectual property rights may result in the suspension and/or the
deletion of your user profile, as well as your liability for damages as applicable, and we
reserve our rights to seek appropriate relief.
- 11. USER SUBMISSIONS
- Subject to the provisions of applicable law, by submitting, uploading or transmitting any
User Submissions to the Website, or by listing your Products on our Website, you
hereby confirm, represent and undertake that you are the lawful owner and holder of
both the content and the Product, and that the Product is not damaged, that all the
User Submissions including but not limited to any historical facts provided, statements,
pictures, undertakings and descriptions of the Products are all true, accurate and
correct and that the Products are free from all security interests, liens, or
encumbrances. Through your submission, you hereby authorize the Company to use
your User Submissions as contemplated by the Website and your use thereof. To
conclude a sale on the Website you will be required to provide us with a signed consent
to transfer the ownership rights therein to the third-party purchaser as applicable.
User Submissions submitted to the Website are not under our full control and therefore
we will not be held liable for them, including with regard to their content, reliability,
accuracy, and to any harm, inconvenience, loss or distress caused to you, directly or
indirectly, as a result of the content or the reliability thereon in any way. As per Section
11 above, we do not guarantee the confidentiality of your content that you place upon
the Website and you have the free choice whether or not to do so, and if you decide to
do so, it is at your own risk.
- 12. USER LIMITATIONS
- We do not endorse or support the use of our Services where such use would result in
you breaching any agreement that you have with a third-party. By accepting these
Terms, you warrant that you will not use our Services in violation of any third- party
agreement, whether currently in force or executed following acceptance of these
Terms. We reserve the right to refuse or rescind permission to use the Services, and to
cancel any user profile without notice if we become aware of any third-party contract
having been breached, or that use of the Services is likely to result in such a breach.
You may not use our Website in any manner that: (1) breaches these Terms; (2)
breaches any applicable local, national or international law or regulation; (3) infringes
our copyright, trademark, trade secret or other intellectual property rights, or that of
third parties; (4) violates the privacy, publicity or other personal rights of others; (5)
unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; and/or (6)
has the potential to, interfere with any other party's use or enjoyment of the Website
servers or networks connected to it). In addition, you are not entitled to use the Website
for competitive analysis (including providing screen shots, which are copyrighted
material owned by us) and data mining or scraping purposes.
- 13. DELETION OF USER PROFILE AND/OR REMOVAL OF USER CONTENT:
- You understand and agree that we reserve the right at all times to determine whether
content uploaded on the Website is in compliance with these Terms, and we may
suspend, remove or disable access to any content or delete any user profile at any time
without prior notice. In no event whatsoever will we be held liable for such suspension,
removal, disabling or deletion.
- 14. DISCLAIMER OF WARRANTIES
- Except as expressly provided for, all content, information and materials provided by us,
is done so on an “as-is basis” and on an “as-available basis”. You use the Website and
Services provided at your own risk and out of your own free will. We make no
representation or warranty as to the use or operation of the Website or our Services.
Any authentication of a Product by us merely relates to whether or not the Product is as
described by the seller, and we at no stage make any warranty or representations as to
the Product meeting the purchaser’s standards or whether or not the Products are
satisfactory for any purpose intended by the Purchaser. Furthermore, we hereby
disclaim all and any warranty whether implied or not, as to the suitability,
merchantability, condition, fitness for a purpose, quality, quiet possession, or other
characteristic or status in respect of or in regard to the Products. We provide the
valuation as a Service and give no warranty as to the accuracy and correctness
thereof, and we attract no liability in respect thereof.
- 15. LIMITATION OF LIABILITY
- Neither we, nor our suppliers and licensors, shall be held liable with respect to any
matter relating to these Terms or any purchase made on the Website, under any
contract, negligence, strict liability or other legal or equitable theory for: (i) any
special, incidental, punitive, or consequential damages; (ii) the cost of procurement for
substitute products or Services; (iii) for interruption of use or loss or corruption of
(iv) any loss of income, documents, files, profit, goodwill, data and/or computer time,
recovery of programs, the costs of downtime and/or third party claims and/or legal fees,
even if informed of the possibility of such damages. We will have no liability for any
failure or delay due to matters beyond our reasonable control. You must accept and
follow all advice and instruction from us in so far as safeguarding the Product both prior
to and after any purchase on our Website. We take no responsibility and accept no
liability for any damage to the Products purchased on the Website, nor for the accuracy
and correctness of any valuation that we provide. To the maximum extent permitted by
any applicable law, notwithstanding anything to the contrary contained in these Terms,
or on the Website itself, our liability for any damages or losses of whatsoever nature
arising pursuant to or in connection with the use of our Website or our Services, shall
not exceed $100.
- 16. INDEMNIFICATION
- To the maximum extent permitted by any applicable law, you shall indemnify, defend
and hold us and our affiliates, and anyone acting on our behalf, harmless, at your own
expense and immediately after receiving a written notice thereof, from and against any
damages, losses, demands, costs, liabilities, damages and expenses, including
attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting
or arising from, incurred as a result of or in any manner related to your breach or
violation of these Terms or any other use by you of the Website, Services, Products, or
any applicable law.
- 17. ASSIGNMENT
- You may not cede, assign, transfer, make over, sub-contract or delegate any of your
rights or obligations under these Terms to any third party without our prior consent in
writing. We may, without any notification to you or consent from you, cede, assign,
transfer, make over, sub-contract and delegate any of our rights or obligations under
these Terms to any third party of our choosing. We may do so freely and at our own
will, free of any restriction or withholding. In any event, to the maximum extent
permitted by law, no third party may hold or enforce any rights under the terms of this
of which are incorporated herein. Our use of information collected or processed about you,
your user profile and or any other personal data will be governed by such privacy
- 19. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
- You agree that these Terms and the use of our Website shall be governed by the laws
of England. You expressly agree that the exclusive jurisdiction for any claim or dispute
with us or relating in any way to these Terms or our Website resides solely in the
competent jurisdiction of the courts of Hong Kong.
- 20. CHANGES
- These Terms may be amended by us at any time. It is our policy to publish any
amendments to these Terms on our Website. Changes to these Terms shall become
binding and effective when they are published on our Website. Your continued use of
the Website or the Services after the amended Terms have entered into effect will
constitute your acceptance of them. If any term or condition contained herein is
declared invalid, the remaining terms and conditions will remain in full force and effect.
- 21. CONTACT INFORMATION
- You undertake that you have not tried to mislead or misrepresent any facts through
your listing and that should any of the facts change during the period of the listing, you
will make every effort to amend or remove your listing accordingly. If you have
questions or concerns regarding these terms please contact us at:
- 22. GENERAL
- We may, in our sole discretion, at any time and for any reason and without prior written
notice, suspend or terminate the operation of the Website or your right to use the
Website or any of its contents subject to us processing any purchases or sales then
already made by you.
Any failure by you or by us to enforce any right in terms hereof shall not constitute a
waiver of that right.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”)
may show grant or allow to the other (the “grantee”) shall constitute a waiver by the
grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or
stopped from exercising any of its rights against the grantee which may have arisen in
the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and us and no
other warranty or undertaking is valid, unless contained in this document between the