TERMS AND CONDITIONSThese Terms and Conditions (the “Agreement”) constitute an agreement between you (the “User”) and the Seller (as defined below) and govern the use of the website available at
https://diamond-code.com/ (the “Website”), other Diamond Code online resources, and the Diamond Code mobile application (the “Application” or the “Mobile Application”) for iOS and Android operating systems, as well as any other legal relations arising in connection with such use.
1. GENERAL PROVISIONS 1.1 DefinitionsFor the purposes of this Agreement, the following terms shall have the meanings set forth below:
Seller — an authorized representative of the Diamond Code brand (
Individual Entrepreneur Pavel Yuryevich Bazhutin, OGRN 317784700325333, TIN 780157244608, registered address: Office 502, BC “9 Acres,” 19 Nauchny Proezd, Moscow, 117246, Russian Federation; telephone: +7 926 595 92 01; email:
info@diamondcode.ru), engaged in the sale of Goods to consumers in accordance with the Terms of Sale set forth herein.
Visitor — an individual who accesses the Website or installs and launches the Application, browses publicly available materials, uses available services, and accesses other content made available on the Website or in the Application without the intention of entering into contractual relations with the Seller, except for the purpose of viewing the Website and/or Application and its content.
Administration (Website/Application Administration) — authorized persons managing the Website and/or Application on behalf of and in the interests of the Seller, including the Seller’s representatives.
User — a fully legally capable individual who has accepted this Agreement, completed registration on the Website or in the Application, acts in their own interests or on behalf of a represented person, and intentionally accesses the Website or Application, its Services, and Content. By default, a User is an individual who has reached the age of majority (18 years of age). Otherwise, the User represents and warrants that consent has been obtained from their legal representatives (parents, adoptive parents, guardians) or that the User has been declared fully legally capable and shall provide supporting documentation upon written request of the Administration.
Buyer — a User of the Website or Application who places an order (request) through the functional tools and technical means of the Website or Application — the
Diamond Code Online Store Service — with respect to Services (options) offered therein for reservation and delivery (availability) of Goods for their subsequent purchase in accordance with the Terms of Sale and selected Service options.
Goods — jewelry, fashion jewelry, watches (including luxury and precious watches), and other Diamond Code branded products presented on the Website or in the Application for subsequent sale and available for ordering.
Terms of Sale — the procedure and conditions governing the conclusion, performance, and termination of purchase agreements between the User and the Seller, as well as the Seller’s partners, concerning Goods presented on the Website or in the Application, together with any related services.
Services (Website/Application Services) — functional services, tools, and combinations thereof made available through the software of the Website or Application to Users and/or Visitors. The Administration reserves the right to independently modify Website or Application Services and their functionality without prior notice.
Content — intellectual property and informational materials comprising the content of the Website or Application, including texts, photographs, videos, and other materials.
Account — a User account on the Website or in the Application enabling identification of the User to the extent necessary for the performance of obligations, created through registration or Order placement by completing a Buyer Profile Form, through which the User accesses Services in a personalized manner.
Agreement — these Terms and Conditions together with all amendments and supplements governing the provision of services and the mutual rights, obligations, and relations between the Administration and the User or Visitor.
Website — a collection of information, web forms, software and hardware tools, and intellectual property objects (including software, databases, interface design, Content, and other materials) accessible through internet-connected devices via browser software at
https://diamond-code.com/, including subdomains and other domains operated by the Seller.
Application — the Diamond Code mobile application for iOS and Android, developed on behalf of and owned by the Seller, intended for smartphones, tablets, and other mobile devices for providing Users with access to an interface consisting of information, software, hardware tools, machine code, layout, and intellectual property objects (including software, databases, interface design, Content, and other materials).
The above definitions may be supplemented or amended by annexes and other documents constituting an integral part of this Agreement. Terms and definitions established by applicable law shall apply unless otherwise expressly provided herein.
1.2 General provisionsThe use of Website and/or Application materials and Services shall be governed by the laws of the Russian Federation.
This Agreement constitutes a public offer. By accessing materials of the Website or Application, the User and/or Visitor shall be deemed to have accepted and adhered to this Agreement. The Agreement enters into force upon acceptance and remains effective until such acceptance is withdrawn.
In addition to this Agreement, relations between the User, Visitor, and Administration shall also be governed by special documents regulating separate Services of the Website or Application published in publicly accessible sections thereof.
By accepting the terms of this Agreement, the User confirms consent to the processing of personal data voluntarily submitted through the Website or Application by means of web forms or otherwise provided for herein, including automated and non-automated processing in accordance with Federal Law No. 152-FZ dated July 27, 2006 “On Personal Data.”
Personal data processing is carried out for the purpose of providing existing and future Website or Application services, including personalized and targeted informational and advertising communications, as well as other purposes specified in Section 1.8 of this Agreement.
Consent to personal data processing shall remain valid from the date of submission for the period necessary to achieve the purposes of processing or indefinitely and may be withdrawn in writing in accordance with the legislation of the Russian Federation and Section 1.8 of this Agreement.
The Administration reserves the right to amend this Agreement. A revised version of the Agreement shall enter into force ten (10) calendar days following publication on the relevant Website page or in the relevant section of the Application.
By using any Website or Application Service, separate features, resources, or functions, or by completing registration, the User shall be deemed to have fully accepted this Agreement without reservation and agrees either to comply with it or discontinue use of the Website and/or Application.
1.3 User obligationsThe User and/or Visitor agrees not to undertake any actions that directly or indirectly violate the laws of the Russian Federation or applicable international law, including, but not limited to, laws governing intellectual property, copyright and related rights, or generally accepted standards of morality and ethics, as well as any actions that may disrupt or interfere with the proper functioning of the Website and/or Application, their Services, resources, or functions, or otherwise result in adverse consequences for the Administration or third parties.
Information posted by the User, as well as the User’s actions on the Website and/or in the Application, must not be false, inaccurate, misleading, fraudulent, deceptive, abusive of trust, or otherwise violate the laws of the Russian Federation. Under no circumstances shall the Administration be held liable for such actions of the User.
The use of Website and/or Application materials without the consent of the respective rights holders is prohibited. Lawful use of Website materials requires obtaining the necessary licenses or permissions from the rights holders. When quoting Website and/or Application materials or Content, reference to the original source (the Website or Application) is mandatory.
The User shall bear sole responsibility for all actions performed using their email address, login credentials (username), and password. The login credentials selected by the User (email address and/or telephone number) and password shall constitute necessary and sufficient information for accessing the Website and/or Application, its materials, and Services.
The User agrees not to undertake any actions directly or indirectly aimed at causing harm to the Website, the Application, their materials, Services, or the Administration.
1.4 Rights of the user and visitorThe User and/or Visitor shall have the right to participate in contests, promotions, and campaigns conducted through the Website and/or Application. The terms and conditions of such contests and promotions shall be set forth in separate documents.
The User may publish lawful information on the Website and/or in the Application, subject to pre-moderation and post-moderation procedures.
The User and/or Visitor shall have the right to contact the Administration in writing through the feedback form regarding the operation of the Website and/or Application and may submit comments and suggestions regarding their improvement.
1.5 Rights of the administrationThe Administration reserves the right to unilaterally amend the terms of this Agreement by publishing an updated version on the Website and/or in the Application. If the User and/or Visitor disagrees with such amendments, they must discontinue use of the Website and/or Application, including their materials and Services.
The Administration may, at its sole discretion, introduce, cancel, or modify fees for Services and offerings provided through the Website and/or Application.
The Administration may organize contests, promotional campaigns, and incentive programs for Users.
The Administration may send Users newsletters and communications regarding Website and/or Application development, new offers, advertising materials, and other information that may be useful to the User. Acceptance of this Agreement constitutes the User’s consent to receive such communications.
The Administration may carry out maintenance work resulting in temporary suspension of the Website, with or without prior notice to Users, and may undertake similar actions with respect to the Application, including modifications, updates, moderation, and publication of updated versions for iOS and Android operating systems.
The Administration reserves the right to prohibit the use of certain login names and/or remove them from circulation. Login names may not include words or designations prohibited by the laws of the Russian Federation or international law, including, but not limited to, obscene language, registered trademarks, trade names, or commercial designations unless the User possesses exclusive rights thereto.
The Administration reserves the right, at its sole discretion, to modify (moderate) or remove any information published by the User or any third party.
1.6 Registration on the websiteWhere technically possible, for access to all Services and improvement of the user experience, a Visitor/User may register on the Website and/or in the Application using one of the following methods:
- by entering their name, email address, telephone number, and password in the registration form on the Website or in the Application, subject to confirmation. One email address and telephone number may be used as login credentials for one Account only;
- by authorization through social media services, followed by submission of an email address and telephone number if such information is not obtained through the relevant social media platform;
- by completing the Buyer Profile Form during Order placement in accordance with the Terms of Sale, including fields for name, telephone number, email address, and delivery address.
Upon registration by any of the methods listed above, the User receives an Account. Registration shall be deemed completed upon performance of the actions specified in the instructions provided by the Administration/Seller and sent to the contact details submitted during registration, followed by confirmation of Account creation and activation.
Registration on the Website or in the Application is not mandatory for use of the Website. Any registration method described above shall have equal legal effect for the Administration/Seller and the Visitor/User.
Registration confirms the Visitor’s/User’s acceptance of these Terms and Conditions, including consent to the processing of Personal Data. Registration shall remain valid indefinitely until consent to personal data processing is withdrawn or registration is terminated by the Administration/Seller.
The User represents and warrants the accuracy and relevance of all information provided during registration and/or Order placement.
The Administration stores Users’ email addresses and other personal data voluntarily provided by the User and uses such information exclusively for the purposes of fulfilling obligations and exercising rights under this Agreement.
1.7 Intellectual propertyAll objects available on the Website and in the Application, including design elements, text, graphic images, illustrations, videos, other Content, software, databases, interface design, and other materials, shall constitute intellectual property protected by exclusive rights.
No intellectual property objects made available by the Administration on the Website or in the Application may be used without the prior written consent of the Administration. For the purposes of this Agreement, “use” shall include all actions listed in Part 2 of Article 1270 of the Civil Code of the Russian Federation, regardless of whether such actions are carried out for commercial purposes or otherwise.
The User and/or Visitor is granted a personal, non-exclusive, non-transferable right to use the Website and/or Application, provided that neither the User/Visitor nor any third party acting with their assistance shall:
- copy or modify software or intellectual property objects available on the Website and/or Application;
- create derivative software or derivative works based on such software;
- access software code for the purpose of obtaining source code or unauthorized information;
- sell, assign, lease, sublicense, transfer, or otherwise dispose of any rights to software or other intellectual property objects covered by this Agreement;
- modify Services or interfere with them for the purpose of obtaining unauthorized access.
1.8 Personal data, confidentiality, and information protectionPersonal data of the User (Visitor, Buyer) shall be processed in accordance with
Federal Law No. 152-FZ dated July 27, 2006 “On Personal Data” and internal regulations adopted by the Seller/Administration, including the
Privacy Policy and
Personal Data Processing Policy.
When registering on the Website and/or in the Application, or during subsequent use thereof, the Visitor/User authorizes the Seller/Administration to collect and process the following information:
- surname, first name, and patronymic (if applicable);
- telephone number;
- email address;
- date of birth;
- gender;
- delivery address;
- location information;
- postal address;
- information regarding interests;
- social media account information;
- purchase history information.
Additional information may be collected where required by applicable law or expressly provided for in this Agreement or other internal regulations of the Seller/Administration.
By providing personal data to the Administration/Seller through dedicated web forms, the User consents to the processing of such data for purposes including, but not limited to:
- fulfillment of obligations under this Agreement;
- maintenance and updating of customer databases;
- promotion of the Seller’s Goods and services;
- electronic and SMS surveys;
- monitoring marketing campaigns, promotional activities, and advertising effectiveness;
- collection and analysis of statistical information relating to customer demand, sales volume, audience engagement, customer support levels, and User activity;
- organization of Goods delivery;
- monitoring customer satisfaction and service quality.
For the purposes of this Agreement, personal data processing shall mean any action or set of actions performed with or without automation tools, including collection, recording, systematization, accumulation, storage, updating, modification, extraction, use, transfer (including transfer to third parties and cross-border transfer where necessary for contractual performance and subject to confidentiality obligations), anonymization, blocking, deletion, and destruction of personal data.
The User/Buyer authorizes, and the Administration/Seller shall be entitled, subject to the User’s consent, to send informational and promotional communications via email and mobile phone, provided such consent has been expressed through actions clearly identifying the subscriber and confirming their intention to receive such communications.
The User may withdraw consent to receive advertising and informational communications by contacting the Administration/Seller by telephone at
+7 926 595 92 01 or by submitting a request to
info@diamondcode.ru.
Service notifications informing the User/Buyer regarding Orders and stages of order processing are sent automatically and may not be declined.
Withdrawal of consent to personal data processing shall be made in writing and include complete information regarding the applicant, the purpose for which consent withdrawal is requested, and the grounds for such withdrawal. Such withdrawal may also be treated as withdrawal of acceptance of this Agreement (offer), resulting in the obligation to cease any use of the Website.
The Administration/Seller may collect technical and statistical information that does not contain confidential information, does not constitute personal data, and is automatically transmitted by the device used to access the Website and/or Application, including technical characteristics of the device and software, cookie files, and similar non-personal technical information.
Such information is collected to ensure the proper functioning, security, improvement, and development of Services and shall not be used to identify the Visitor/User.
The Seller reserves the right to record telephone conversations with Users. The Seller undertakes to prevent unauthorized access to information obtained during such communications and/or transfer thereof to third parties unrelated to Order fulfillment in accordance with Clause 4, Article 16 of
Federal Law No. 149-FZ dated July 27, 2006 “On Information, Information Technologies and Information Protection.”The Seller/Administration shall not be liable for information publicly submitted or published by the User on the Website and/or in the Application.
1.9 Miscellaneous provisionsThe Seller/Administration shall not be liable for damages incurred by the Buyer as a result of improper use of the Website, Content, Services, and/or Goods purchased from the Seller in connection with use of the Website.
The Seller shall also not be liable for the content or operation of external websites similar or identical to the Website, nor for actions or omissions of third parties, except where such persons act within the scope of agreements concluded with the Seller/Administration.
The Seller/Administration shall not be liable for the performance of obligations by other sellers (partners), including the provision of consumer information, delivery, completeness, quantity, or quality of Goods corresponding to Orders placed by the Buyer.
The Buyer agrees that any claims regarding the quality, quantity, completeness, or delivery of Goods shall be directed to the actual seller identified in the receipt or sales documentation.
However, the Seller/Administration undertakes to assist Buyers in resolving disputes with sellers by providing available information regarding operating procedures, sales and return conditions, seller locations, and other relevant non-confidential information.
All disputes arising out of or related to this Agreement shall be resolved in accordance with the legislation of the Russian Federation.
Nothing in this Agreement shall be construed as establishing agency, partnership, joint activity, employment, or any other legal relationship not expressly provided for herein between the User, Visitor, and Administration.
The Administration/Seller may assign or otherwise transfer rights and obligations arising from relations with the User/Buyer to third parties without restriction.
If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Failure of the Administration to act in the event of violations by Users or Visitors shall not deprive the Administration of the right to subsequently protect its interests and intellectual property rights.
The User and/or Visitor confirms that they have read, understood, and fully accepted all provisions of this Agreement without limitation or reservation.
2. TERMS OF SALEThe terms and conditions set forth below (the “Terms”) govern the use of the
Diamond Code Online Store resource (hereinafter in this Section referred to as the “Service” or the “Online Store”) for the purpose of the subsequent conclusion, performance, and termination of retail purchase agreements between the Buyer and the Seller concerning Goods available within the territory of the Russian Federation, similar to those presented on the Website and/or in the Application, through the Service, and shall apply together with and supplement these Terms and Conditions.
The Service and information about Goods published therein do not constitute a remote sales service and are intended solely to provide general information regarding Diamond Code products and the possible terms and conditions for their acquisition by the Visitor/User.
2.1 Additional definitionsOrder — an electronic document generated as a result of interaction between the User and the technical means and Services of the Website or Application, constituting a request for reservation of Goods and related services ensuring the possibility of their subsequent purchase under the selected option —
Delivery or
Pickup — which determines the scope of obligations of the Seller toward the Buyer.
Buyer Profile Form — a dedicated form completed by the Buyer during Order placement or registration on the Website or in the Application, containing the Buyer’s personal data necessary for the Seller to fulfill obligations arising under these Terms and future purchase agreements.
Services — services provided by the Seller to the Buyer, including delivery organization, product demonstration, fitting, and other services related to the use of the Service and purchase of Goods.
Delivery Service — an organization or sole proprietor legally engaged in transportation, shipping, and delivery activities contracted by the Seller to fulfill obligations toward Buyers under these Terms.
2.2 General provisions2.2.1The Seller provides catalogued information regarding Goods for informational purposes and informs Buyers of the possibility of their subsequent purchase for personal, family, household, and other non-business purposes through Services available on the Website and/or Application, namely through the
Diamond Code Online Store Service, including the
Delivery and
Pickup Service options, subject to these Terms.
2.2.2Unlike information regarding Goods made publicly available on the Website and in the Application for informational purposes, these Terms constitute a
public offer in accordance with Articles
435,
437(2), and
494 of the Civil Code of the Russian Federation, unless otherwise provided by law.
Acceptance of the offer (these Terms) may be expressed in any form enabling clear identification of the person from whom such acceptance originates, including by means of conclusive actions.
2.2.3The User/Buyer acknowledges and agrees that consent to personal data processing under these Terms includes consent to the processing of information relating to purchased Goods and/or Services, including product names, cost, statistical information regarding purchasing activity, and other actions relating to the Website, the Application, and/or Goods, unless such information has been anonymized or consent is not required under applicable law.
2.2.4A retail purchase agreement concluded under these Terms shall be deemed entered into from the moment the Seller issues to the Buyer a cash receipt, sales receipt, or another document confirming payment for and transfer of the Goods.
Ownership of the Goods shall transfer to the Buyer upon full payment.
2.2.5If the User disagrees with these Terms (public offer), the User must discontinue use of the Service and leave it while retaining the right to continue using the Website and/or Application solely as a Visitor in accordance with these Terms and Conditions.
2.2.6These Terms, in whole or in part, may be amended unilaterally by the Seller through publication of a revised version on relevant pages of the Website and/or sections of the Application.
Such amendments shall enter into force ten (10) calendar days following publication on the relevant Website page or corresponding section of the Application.
2.2.8In addition to these Terms, relations between the Buyer and Seller shall be governed by:
- the Civil Code of the Russian Federation;
- Federal Law No. 41-FZ dated March 26, 1998 “On Precious Metals and Precious Stones”;
- Federal Law No. 38-FZ dated March 13, 2006 “On Advertising”;
- Resolution of the Government of the Russian Federation No. 924 dated November 10, 2011 “On Approval of the List of Technically Complex Goods”;
- Resolution of the Government of the Russian Federation No. 55 dated January 19, 1998, regulating the sale of certain categories of goods and return/exchange restrictions;
- and other applicable laws and regulations of the Russian Federation.
2.3 Order placement and confirmation2.3.1An Order shall be placed independently by the Buyer through the Website or Application, subject to acceptance of these Terms (acceptance of the public offer).
The minimum amount of Goods required for placement of a Service request shall be
RUB 500.00 (five hundred Russian rubles). Orders below this threshold may be deemed technically invalid and cancelled by the Seller/Administration.
2.3.2Order placement means selection of Services relating to selected Goods through the technical and software tools of the Service, including virtual buttons, pop-up interfaces, and the checkout page containing the Buyer Profile Form.
2.3.3Placement of an Order constitutes submission by the Buyer to the Seller of a request to receive Services, including reservation of selected Goods for the possibility of subsequent purchase.
2.3.4Based on a completed Order and Buyer Profile Form, an electronic document shall be generated pursuant to which the Seller, following confirmation of the Order, reserves the Goods, organizes delivery, and/or provides additional Services.
2.3.5The Buyer may confirm an Order by:
- submitting payment credentials and issuing payment instructions for automatic payment upon receipt of the Goods;
- entering a verification code received via email or SMS into a dedicated web form on the Website or in the Application.
The Buyer shall bear full responsibility and all risks associated with inaccurate information provided in the Buyer Profile Form.
2.3.6Price, specifications, availability, delivery timelines, reservation terms, and other information relating to Goods shown during Order placement are preliminary and provided for informational purposes only.
Final pricing, delivery timelines, and other applicable terms shall be specified in the Order confirmation sent by the Seller using the contact details provided in the Buyer Profile Form.
In any event, final product information and legally required consumer information shall be provided upon direct inspection of the Goods.
2.3.7If Goods selected in an Order are unavailable, the Seller may cancel the Order in whole or in part before confirmation, provided that the Buyer is notified using any available communication method.
2.3.8Where an advance payment has been made for an Order later cancelled in whole or in part, payment for the cancelled portion shall not be processed, and the corresponding payment instruction shall be revoked or suspended accordingly.
2.4 Payment and receipt of goods 2.4.1Services provided by the Seller under these Terms shall be rendered free of charge.2.4.2Payment for Goods included in a confirmed Order may be made by the Buyer using one of the following methods:
- at the point of sale at the time of purchase, in cash or cashless form, through a representative of the Seller or Partner under the Pickup Service option, meaning reservation of ordered Goods at a retail location (including partner stores) where the Goods are available;
- by cash payment or bank card payment to an Agent or another representative of the Seller (Delivery Service) through a payment terminal (cash register equipment) acting on behalf of the Seller under the Delivery Service option, meaning courier delivery to the Buyer’s address or another address designated by the Buyer, including delivery through local warehouses or pickup locations operated by the Agent or Delivery Service;
- by issuing payment instructions during Order placement on the Website or in the Application for automatic payment upon receipt of the Goods;
- by online payment using a bank card during checkout on the Website or in the Application;
- by installment payment through online financing services provided by Tinkoff Bank and “Buy with Sber” (Sberbank).
2.4.3The amount payable for an Order shall include all applicable taxes and fees, shall be denominated in Russian rubles, and shall be specified in product documentation and cash receipts.
2.4.4If the total Order amount exceeds
RUB 60,000 (or the equivalent amount in foreign currency), or where a personalized electronic payment instrument is used for a payment exceeding
RUB 400,000 (or the equivalent amount in foreign currency), the Seller may request additional information from the Buyer, including documents necessary and sufficient for customer identification in accordance with
Federal Law No. 115-FZ dated August 7, 2001 “On Counteracting the Legalization (Laundering) of Criminally Obtained Income and the Financing of Terrorism.”The Seller may suspend processing of the Order until such information has been provided.
2.4.5The Buyer may receive ordered Goods only after full payment has been completed, including payment made at the time of transfer of the Goods.
2.4.6Ordered Goods may be received by the Buyer through one of the following methods:
- at the retail location under the Pickup Service option;
- at local warehouses or pickup points (Order Pickup Points / Pickup Locations) operated by an Agent or Delivery Service for temporary storage, release of Goods, and payment processing;
- through an Agent or Delivery Service under the Delivery Service option to the address specified by the Buyer.
2.4.7Upon receipt of ordered Goods, the Buyer shall be provided with complete consumer information regarding the Goods in accordance with applicable law, an opportunity to inspect the Goods, and any agreed additional services, including fitting or demonstration of the Goods.
2.4.8After inspection of the Goods and receipt of complete consumer information, the Buyer shall pay for the Goods included in the Order, or payment shall be automatically completed pursuant to the Buyer’s payment authorization, following which the Goods and accompanying documentation shall be transferred to the Buyer, including:
- a cash and/or sales receipt;
- a Universal Transfer Document (UTD), delivery note, or other documentation at the Seller’s discretion.
2.4.9The Buyer may refuse to receive the Goods at any time prior to receipt. In such case, the Order shall be deemed cancelled in whole or in part.
Such refusal shall be confirmed by a properly executed delivery record, receipt, or other document issued by the Agent or Delivery Service evidencing refusal or inability to deliver due to circumstances attributable to the Buyer.
2.4.10Upon transfer of the Goods, the person delivering the Goods may request an identity document from the Buyer or Recipient and record the type and number of such identification document in accompanying delivery documentation.
The Seller guarantees confidentiality and protection of personal data of the Buyer and Recipient in accordance with the
Privacy Policy and/or
Personal Data Processing Policy published on the Website and/or in the Application.
2.4.11The Buyer may authorize a Recipient to receive Goods on their behalf and shall provide the Seller with the Recipient’s contact information, including:
- surname, first name, and patronymic (if applicable);
- telephone number;
- other information reasonably necessary for performance of the Seller’s obligations.
If the Buyer’s or Recipient’s identification details do not correspond to the accompanying documentation, the person delivering the Goods may refuse transfer of the Goods.
2.4.12The risk of accidental loss of or accidental damage to the Goods shall pass to the Buyer from the moment of transfer of the Goods and signing by the Buyer or Recipient of documents confirming delivery.
2.4.13Where the
Delivery Service option is selected, the Buyer agrees to delivery terms and timeframes determined based on the Buyer’s location and internal procedures of the Delivery Service selected by the Seller.
2.4.14Where the
Pickup Service option is selected, the Buyer agrees to the following reservation terms:
- Goods are reserved only upon proper placement and confirmation of an Order in accordance with these Terms;
- reservation is possible only if the selected Goods are available at the selected retail location (partner store);
- final characteristics and properties of the Goods may differ from catalog information;
- reservation of unpaid Goods remains valid for three (3) calendar days from the date of placement of a properly completed Order;
- prior to expiration of the reservation period, the Buyer may request an extension for up to seven (7) calendar days by contacting the selected retail location or the Seller using contact details specified in this Agreement. Any reservation extension remains subject to approval by the partner store, and the Buyer shall be notified using the contact details provided in the Buyer Profile Form.
2.4.15Upon receipt of the Goods, the Buyer or Recipient shall have the right to inspect the Goods for visible damage, verify completeness, confirm that sealed product tags remain attached, and ensure that the characteristics of the Goods correspond to the Order.
If the Buyer or Recipient accepts the Goods, they shall sign the relevant accompanying documents; otherwise, they may refuse acceptance.
2.4.16If the Goods are lost by the Delivery Service, the Seller shall, within a reasonable period and upon agreement with the Buyer:
- resend the Goods as part of a new Order; or
- cancel the Order and refund amounts paid by the Buyer, where applicable, in accordance with these Terms.
2.5 Exchange and return of goods and refunds 2.5.1The Seller provides a warranty period for all Goods presented on the Website and/or in the Application, except watches, of
six (6) calendar months, commencing on the day following the date of sale.
For watches presented on the Website and/or in the Application, the warranty period shall be
three (3) calendar years, commencing on the day following the date of sale.
During the warranty period, if defects are discovered in the Goods and such defects were not disclosed by the Seller, the Goods shall be deemed defective, and the Seller (or manufacturer) shall satisfy the lawful claims of the consumer in accordance with
Article 18 of the Law of the Russian Federation No. 2300-1 dated February 7, 1992 “On Consumer Protection.”2.5.2Exchange and return of Goods shall be carried out in accordance with applicable legislation of the Russian Federation.
2.5.3In the case of a distance sale, the Buyer shall have the right to return Goods of proper quality to the Seller within
seven (7) calendar days after transfer of the Goods, provided that:
- the commercial appearance and consumer properties of the Goods are preserved;
- proof of purchase and purchase conditions is retained;
- original consumer packaging is preserved;
- the sealed jewelry tag remains attached.
The absence of proof of purchase shall not deprive the Buyer of the right to rely on other evidence confirming purchase from the Seller.
If the Buyer refuses the Goods, the Seller shall refund the amount paid for the Goods, excluding the Seller’s expenses for return shipping of the Goods from the Buyer, within
ten (10) calendar days after receipt of the returned Goods.
The Buyer shall not be entitled to reject Goods of proper quality having individually defined characteristics if such Goods may be used exclusively by the purchasing consumer.
2.5.4In the event of return of Goods of proper quality purchased remotely (within
seven (7) calendar days after delivery and subject to preservation of commercial appearance, including the mandatory sealed jewelry tag), the Buyer shall complete a
Refund Request Form, specifying the preferred refund method.
The Buyer shall independently send to the Seller, via courier service, postal service, or another available method:
- the Goods;
- a product return request;
- a refund request signed by the Buyer in original form;
- the sales receipt.
The Goods and supporting documentation shall be sent to the Seller’s registered legal address.
No later than
ten (10) calendar days following receipt by the Seller of the Goods and required documentation, the Seller shall refund the amount paid by the Buyer using the payment details specified in the refund request and belonging to the Buyer.
Transferred funds shall be credited to the Buyer’s bank account within
five (5) to thirty (30) business days, depending on the bank that issued the payment card.
2.5.5Where Goods are received and paid for directly by the Buyer at the
Diamond Code jewelry store located at Office 502, 19 Nauchny Proezd, Moscow, under the
Pickup Service option, jewelry Goods of proper quality shall
not be subject to exchange and/or return.
2.5.6To exchange or return defective Goods during the warranty period, the Buyer must send to the Seller, using the contact details specified in Section
1.1:
- defective Goods;
- a completed return/claim form;
- documentation confirming purchase of the Goods;
- a copy of the Buyer’s passport or identification document.
Claims shall be reviewed by the Seller provided that complete information, supporting documentation, and the Goods are supplied.
Claims shall be reviewed within
fifteen (15) business days from the date of receipt.
If the claim is accepted, a refund shall be issued no later than
seven (7) business days following expiration of the claim review period.
2.5.7Claims shall be considered only upon receipt by the Seller of the Goods in respect of which the claim has been made.
Goods may be sent to the Seller through a courier request arranged using the telephone number specified in Section
1.1, or by any other lawful means available to the Buyer that ensures preservation of the Goods during shipment.
2.5.8Following receipt of Goods subject to a claim, the Seller shall conduct or arrange a technical examination.
Based on the results of such examination, the Seller shall determine whether to satisfy or reject the claim and shall notify the Buyer accordingly, specifying the reasons for such decision.
If the claim is rejected, the Buyer may independently collect the Goods at the address specified in Section
1.1 of this Agreement.
2.5.9Where necessary, the Seller reserves the right to arrange an independent expert examination to determine the cause and grounds of a defect and shall notify the Buyer in writing of the location, date, time, and outcome of such examination using the contact information specified in the claim.
If an expert examination is conducted, the refund period may be extended for the duration of such examination.
Where the examination confirms defects resulting from improper use or non-manufacturing causes, the Seller shall return the Goods to the Buyer via courier or other available means and provide the Buyer with:
- the expert report;
- a written response to the claim.
In such cases, delivery expenses shall be borne by the Buyer.