TERMS & CONDITIONS - DATED 26TH APRIL 2019

By browsing our website(s) or placing an order from any internet-enabled device you agree to be bound by these terms and conditions (“Ts&Cs”) and any additional documents referred to within them. We reserve the right to modify these Ts&Cs at any time

References in this Privacy Notice to "we", "us", and "Heming" are to Heming & Co Ltd (Company Registration #06421634) and West End Retail Services Ltd (Company Registration #06575461).

For any further information or explanations of anything you are not sure about then please contact our Customer Support team by Email: info@hemingjewels.com

In the event you have a complaint regarding a product or service purchased from Heming, please contact our Customer Support team.

Shopping At Heming

You can shop with Heming in the following ways:

• By visiting either our Piccadilly Arcade store (In-Store Purchases)
• By placing an order on either www.hemingjewels.com (Online Orders)
• By calling us and ordering by phone (Phone Orders)

Depending on how you place your order, different terms and conditions may apply (for example, the processes for deliveries and returns).

Online Orders are solely for delivery in the UK, should you live outside the UK then Order by Phone is the only option and the terms set out in International Orders below shall also apply.

Online Orders

By placing an Online Order with us, you confirm that the information you provide to us is true, accurate and complete in all respects. By placing an order, you also confirm that you are over the age of 18 years.

The steps required for a binding sales contract between you and Heming are outlined here:

• You place an order for products or services at the end of the online checkout process and payment has been successful.
• You will be given the opportunity to confirm the details of your order, including your contact details, address and payment details, when you register an account on the website and prior to completing your order.
• When you place an order, we will send you an order confirmation email to let you know that we have received your order.
• We will send you a confirmation email to confirm that your order has been dispatched for delivery.
• Unless otherwise agreed, your order will be delivered within 30 days of confirmation of your order (please see our Delivery & Returns page for more information on our standard delivery times). Where we are unable to deliver your order within this period, we reserve the right to cancel your order.
• We may contact you if we cannot accept your order, which may be result of

• the products not being available
• there is a problem with your payment method
• there has been a pricing or product description error on the website
• you don’t meet our eligibility to order criteria or are in breach of any of the Ts&Cs or other law

• The contract will be concluded in English

Prices & Payment

We accept full payment by American Express, JCB, Maestro, MasterCard, Visa and Visa Debit, and PayPal (and potentially other card providers as provided by Heming from time to time) in UK pounds sterling only.

All prices shown on the website are inclusive of UK VAT only.

We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorised access to this data by a third party.

International Orders

By telephone arrangement only.

International Orders may be subject to local taxes, import duties or other local requirements which will be discussed directly with you.

Secure Delivery & Insurance

Heming offer free delivery for all our products within the UK using Royal Mail's Special Delivery service. You will be notified of the anticipated delivery date.

Please note that all purchases will be dispatched only to the registered billing address of the cardholder who has made the purchase. Delivery to an alternative location will require prior registration with your credit card company and the provision of their written confirmation to this effect.

All items are fully covered for insurance in transit, and must be signed for upon delivery. At this point they become the property of the purchaser and our insurance no longer applies. Please be satisfied that the parcel has in no way been tampered with in transit before accepting delivery.

Please allow 5-7 working days for delivery, but note that certain products may take longer. You will be notified of the delivery date at the time your order is confirmed. Every effort is made to deliver your purchase as swiftly as possible but please bear in mind that some items are individually crafted to your requirements.

Returns

We are confident you will be delighted with your Heming purchase, but you do have the option to return it within 14 days of receipt (valid only on online and non-personalised purchases) for a full refund or exchange if you decide something is not right for you or the goods are faulty. We regret that we cannot offer refunds or exchanges on goods that are made to your specification or clearly personalised unless they are fault.

The refund will only be authorised once our qualified diamond graders have completed a rigorous examination and verified that the returned diamond or item of jewellery is the same piece and in the same condition as the one sent to you. If it is not, the item will be returned to you.

The above conditions do not affect your statutory rights as a consumer.

Unwanted products may be returned for a refund or exchange if they are returned unused and in their original condition. Please note that the removal of security tags will be taken as evidence of use of a product by you and the product cannot be returned in these circumstances.

Returns must be made within 14 days with proof of purchase and are subject to exclusions and restrictions that are listed below (please note Non-Returnable Products below).

Refunds will be provided against the original form of tender.

If the products have decreased in value due to the way you have handled them, we may deduct the amount of such loss from the amount reimbursed to you. If you are returning your product by post, please include your personal details and the best way for us to get in touch with you, otherwise we will be unable to process your refund.

Refunds and exchanges on purchases made on an event day or with other promotional discount will be calculated at the reduced price. Where a complimentary gift has been issued with a purchase, the gift must also be returned.

For Online Orders, please refer to the returns section of our Delivery & Returns pages. For information on your cancellation rights under the Rights of Cancellation (Consumer Contracts Regulations 2013), please see the Rights Of Cancellation section below.

Purchases made during our Christmas or Summer Sale periods may be subject to different returns policies.

If you believe your products are faulty, please contact our Customer Support team.

This policy may be changed from time to time at our discretion.

Non Returnable Products

The following products cannot be returned (whether bought online, by phone or in-store):

• products that are personalised, bespoke, altered or otherwise made to your specification
• any other products designated as non-refundable at the time of purchase

Please contact our Customer Support team for further information.

Returns Process

Please complete the following procedure if you do decide to make a return:

• Visit our store bringing the items with you to 10 Piccadilly Arcade, London SW1Y 6NH
• Call us on 020 7499 7644 or email customer service within 14 days of receipt - we will provide you with a Return Authorisation Code along with detailed instructions for returning your order.
• Take the parcel to a post office for dispatch using Royal Mail's Special Delivery service (specifying "maximum insurance") to:

Heming, 10 Piccadilly Arcade, London SW1Y 6NH

Returned items can only be accepted in the same condition in which they were received. All original paperwork and documents must be included.

You will be notified by telephone or email as soon as we have verified the item's condition. A full refund will then be issued within three working days.

Rights of Cancellations (Consumer contracts regulations 2013)

You are entitled to cancel your Online Order or Phone Order within 14 days after the day on which you receive your order (this right does not apply to In-Store Purchases). Please note that your right to cancel does not apply to products listed in Non-Returnable Products above.

To exercise this right for Online Orders and Online Phone Orders, please contact our Customer Support team (by phone, or via post or email). Please ensure that you provide a clear statement that you wish to cancel together with your order number, your contact details and details of the products you wish to cancel. Please refer to Delivery & Returns for details on how to return your order.

Prior to returning your items to us, you are obliged to keep and take reasonable care of them.

If an order has already been dispatched for delivery, please wait until you have received your order before exercising your cancellation rights.

Product descriptions, Pricing & Availability

We will take all reasonable care to ensure that all details, descriptions and prices of products on our website are accurate and kept up to date. We do not guarantee that the product images you see are an accurate representation; for example, colours may differ from the images shown on the website due to your device screen resolution or settings.

Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.

All orders are subject to availability. If products that you order are out of stock we will contact you and may cancel the whole or part of your order. Substitutions will only be made with your prior consent. If a replacement product has a higher price, you will be liable to pay for the difference in price. If we are unable to contact you, we may cancel the whole order or the relevant part of the order and process the remainder of the order at our discretion.

Gift Messages

You are responsible for the content of gift messages and we accept no liability for any such content. We reserve the right to refuse to send messages or to discontinue access to the gift message service at any time entirely at our own discretion and without liability to you.

Our General Terms

Liabilty

You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these Ts&Cs by you or by any other person accessing the website using your account and/or your personal information.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services offered by Heming. This does not affect your Statutory Rights as a consumer.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for

(i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

(ii) any loss of goodwill or reputation; or

(iii) any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Ts&Cs. Nothing in these Ts&Cs shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

Waiver

No waiver by us shall be construed as a waiver of any right for any breach of these Ts&Cs.

Severance

If any of these Ts&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining Ts&Cs.

Entire Agreement

These Ts&Cs govern our relationship with you. You agree that you have not relied on any representation outside of these Ts&Cs. Your Statutory Rights are not affected by these Ts&Cs. Nothing in these Ts&Cs shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

Law

These Ts&Cs shall be governed and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Complaints

In the event that you have a complaint regarding a product or service purchased from Heming, please contact our Customer Support team.

In the event that our Customer Support team are unable to resolve your complaint, and you are not satisfied following the conclusion of our complaints handling procedure, you may refer the matter to RetailADR (previously the Retail Ombudsman), which is a Government-approved alternative dispute resolution scheme. Heming is a member of RetailADR and follow their Scheme Rules, which means that we will be bound by their decision.

You may contact Retail ADR:

in writing at RetailADR, 33rd floor Euston Towers, 286 Euston Road, London, NW1 3DP:

by email at enquiries@cdrl.org.uk; or

by phone on +44 (0)20 3137 8268.

If your complaint is regarding an Online Order, the EU Online Dispute Resolution platform is available at webgate.ec.europa.eu/odr. Please note that complaints submitted to the EU platform will be directed to Retail ADR

Your Use Of The Website(s)

We reserve the right to vary these Ts&Cs from time to time where we consider it reasonable and necessary to do so. Our new terms will be displayed on the website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations./p>

The website is for your personal and non-commercial use only. You agree that you are solely responsible for:

• all costs and expenses you may incur in relation to your use of the website; and
• keeping your password and other account details confidential.

The website is intended for use only by those who can access it from within the UK. If you choose to access the website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

We seek to make the website as accessible as possible. If you have any difficulties using the website, please contact us at info@hemingjewels.com

We may prevent or suspend your access to the website if you do not comply with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

You may not use the website or its contents:

(i) to download (other than page caching) or modify the website, or any portion of it;

(ii) to interfere with or disrupt any network or website connected to the website or gain unauthorised access to other computer systems;

(iii) to interfere with the enjoyment or use of the website by any other person;

(iv) for any purpose which is unlawful.

In addition you may not, in relation to the website, use any:

(i) data mining, robots, or similar data gathering and extraction tools;

(ii) framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the website;

(iii) meta tags or any other "hidden text" which uses our name or trademarks.

(iv) Using the website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.

We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.

Ownership, Use and Intellectual Property Rights

This website and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

Nothing in these Terms grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, try to circumvent or delete any notices contained on the website (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the website.

Hyperlinks and Third party Sites

The website may contain hyperlinks or references to third party websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse the third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.