Terms &Conditions

David Wein provides this site (www.davidwein.com) as a useful resource for jewelry shopping, and a retail location for certified color gemstones and fine jewelry. These are the terms of use for our Web site for orders shipping to International addresses.

Please read these terms and conditions ("Terms and Conditions") carefully. By using this Web site, you agree to be bound by the Terms and Conditions described below. If you do not agree to all of these terms, please do not use this Web site or make any purchase from it. This website (www.davidwein.com) is operated by Multicolour Gems Ltd (referred to as "we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website by you including any transactions you make ("use/using") is subject to our Terms and Conditions below (which includes any other important hyper-linked sections e.g. Returns, Security and Privacy Policies.)

These Terms and Conditions govern your use of, and any purchase from, the David Wein Web site, and constitute an agreement between you and David Wein. David Wein reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of this site at any time, and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on this site. Your continued use of this site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of this site. If you do not agree to the amended terms, you must stop using this site.

Product specifications and illustrations

The products displayed on this website are not shown to actual size nor are their images binding as to detail. Some products may appear slightly larger or smaller than actual size due to screen defaults, photography and 3D rendering techniques. Other products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the product details and content where given.

All descriptions, weights, sizes and measurements of goods are approximate and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

Price and availability of the products

All of our charges are in United States Dollars (USD).

If you´re interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item can go out of stock before we´re able to post notification to the site. If this happens, we will notify you personally so we can help you find another item.

All products must be paid for in full before being dispatched by the means specified without any set-off, deduction or counterclaim. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made.

Due to the fluctuating prices of the constituent elements of the products, the price of the products stated on our website may vary if there is a delay between the time of the order and when payment in full is received by us and in these circumstances you may be requested to make an additional payment before the products can be dispatched to you. For products where a small or large size is requested or where items are custom works or any type of special order you will be asked, when submitting your order, to pay an additional amount to the price offered on the website.

The price you pay is the price displayed on this website at the time we receive your order. However, whilst we make every effort to try and ensure that all prices on our website are accurate, errors sometimes occur. If we discover an error in the price of goods you have ordered we will inform you of this fact as soon as possible. You will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. All products are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if we do not have the goods you order in stock and an alternative is not accepted, where you have already paid for the goods.

International shipments

Purchases made through our Web site may be shipped to International addresses and to be able to serve our international customers, David Wein thoroughly investigates and checks all international orders for fraud and we will prosecute to the full extent of the law for any fraudulent activities, which may arise. David Wein reserves the right to hold up or refuse to ship any international order it deems fraudulent. Due to high risk of fraud, David Wein does not ship to the following countries:

  • Afghanistan
  • Albania
  • Angola
  • Colombia
  • Cambodia
  • Congo
  • Cuba
  • Egypt
  • Ethiopia
  • Iran
  • Indonesia
  • Iraq
  • Lebanon
  • Libya
  • Nigeria
  • Sierra Leone
  • Pakistan

This list may change at any time at our discretion due to an increase in insurance claims and fraudulent credit card transactions and other country´s trade restrictions or import practices.

Importer of Records

You may be subject to import duties and taxes which are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you, since we have no control over these charges and cannot predict what they may be.

Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering fromDavid Wein, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Order acceptance and payment

By making an enquiry or asking a question you are under no obligation to purchase any product but you agree to be bound by these Terms and our Privacy Policy. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).

In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the products then we may contact you allowing you to make payment in full within a specified time period by the same or another means; or we may at its sole discretion cancel your order in which case David Wein shall return any monies received from you within 30 days of receipt of such monies to your nominated account and David Wein shall be entitled to deduct an administration fee of USD 20.00. You agree to indemnify David Wein in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.

Right of cancellation, returns and substitutions

We reserve the right to cancel your order if one or more of the products you ordered was listed at an incorrect price due to a typographical error in the pricing information received by us from our suppliers or for any other reason; or a Force Majeure Event occurs.

If we do cancel your order we will notify you by e-mail and will offer an alternative replacement product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.

We shall not be obliged to offer any additional compensation for disappointment suffered and we shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.

Except for the products that are custom works or special orders, you will be entitled to cancel your order by written notice to us. You do not need to give us any reason for cancelling your order, nor will you have to pay any penalty. Products that are custom works or special orders cannot be cancelled or returned.

We comply with the the EU Distance Selling (Directive 97/7) as ratified by part of the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000. If you exercise the right to cancel or a right to return the product(s), then the procedures outlined in our Return Policy must be followed.

Order shipping and delivery

If you prefer, we can ship your order to an address other than your billing address. As a security precaution, we require that your alternate shipping address be on file with your credit card company. This step helps protect you from fraudulent charges to your credit card.

Risk of loss and damage of products passes to you on the date when the products are delivered. You will become the owner of the products you have ordered when they have been delivered to you. Once the products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.

We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items.

Delivery will be made to the address specified in the order confirmation. David Wein reserves the right to restrict the delivery of products to certain areas.

We will take all reasonable steps to deliver your order to you on or before the date specified in the order confirmation but delays may be caused and delivery can be delayed due to Force Majeure events or for any other reason and David Wein does not warrant or guarantee the delivery date specified in the order confirmation and shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur as a result of late delivery. The time for delivery of the products shall not be of the essence of the contract.

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the goods.

Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. For more than one item, we may deliver the goods in instalments if the goods are not available at the same time for delivery.

Warranty, guarantees and refunds

We warrant that the products will be of satisfactory quality. The aforementioned warranty is given by David Wein subject to the following condition: David Wein shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the products (whether oral or in writing); (b) misuse or alteration of the products without our approval; (c) arising from any customer material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the customer and/or (d) for products not manufactured by David Wein, in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to David Wein.

If you do not receive the products ordered by you within a reasonable timeframe on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the products. In any claim against us our liability is limited to the value of the goods you have purchased in the contract, which is the subject of the dispute.

David Wein´s high quality jewelry should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the products delivered to you are incomplete or you have received incorrect products, we shall have no liability to you unless you contact the David Wein customer service to obtain an authorisation number and notify us of the problem WITHIN 72 HOURS OF DELIVERY of the products in question.

The customer is solely responsible for satisfying them self as to the suitability of the products for any particular purpose and the customer acknowledges that they rely solely on their own skill and judgement and not David Wein´s skill and judgement in determining such suitability.

Forums, feedback and other submissions

This web site may contain newsgroups, forums, chat rooms, blogs, public channels, bulletin boards, reviews, customer feedback or other public forums (collectively, "Web Site Forums"). David Wein does not endorse or adopt (and has not necessarily reviewed) any communication made by any person (including David Wein employees) in any Web Site Forum. Any Information received by David Wein in connection with any Web Site Forum will be deemed to be non-confidential information, and David Wein will have the unrestricted right to use any such Information in any manner it deems appropriate. Any communication on any Web Site Forum that could be construed as distasteful, offensive, controversial or inappropriate for all age groups is strictly prohibited.

We welcome your comments regarding this web site. However, any comments, reviews, questions, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Feedback") sent to David Wein shall be and remain the exclusive property of David Wein. Your submission of any such Comments shall constitute an assignment to David Wein of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. David Wein will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Intellectual property and copyright notice

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.

You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Use of the website

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else´s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the website.

David Wein gives no warranty or representation as to the accuracy, suitability or reliability of the information and content of this Website for any purpose, which information and content is provided on an "as is" basis.

David Wein does not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected, or that David Wein or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.

Any information we receive from you will be dealt with in accordance with our Privacy Policy.

The information on this web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you.

David Wein has not reviewed and has no control over the content of any other web site. David Wein.co.uk does not endorse, recommend, adopt or necessarily agree with any information on any other web site, or the persons or entities controlling any other web site. You may not, without David Wein´s prior written consent: copy or use any Information on your web site; or represent that David Wein endorses your web site, company, or its products or services.

Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider.

You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

Privacy and Security

We comply with the US and EU Safe Harbour privacy policies. For more detail, please read our Privacy Policy.

You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation.

You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Examples of violations are: (a) accessing data unlawfully or without consent; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (e) taking any action in order to obtain Goods to which you are not entitled.

You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of: (a) any violation of system security as set out above; (b) your use of Our Web Site; (c) any other breach or violation of this agreement by you; (d) the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

General disclaimer, liability and indemnity

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

David Wein will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website David Wein will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and David Wein accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

ALL INFORMATION POSTED ON OR MADE AVAILABLE AT THIS WEBSITE IS PROVIDED "AS IS" AND DAVID WEIN HEREBY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND AGAINST INFRINGEMENT. DAVID WEIN DISCLAIMS ANY WARRANTY AND MAKES NO REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, COMPLETENESS, OR SUITABILITY OF THE INFORMATION ON THIS OR ANY OTHER WEB SITE. DAVID WEIN DISCLAIMS ANY DUTY TO MAKE CURRENT OR ACCURATE OR OTHERWISE UPDATE ANY INFORMATION ON THIS OR ANY OTHER WEBSITE. DAVID WEIN MAY DELETE, ADD TO OR OTHERWISE CHANGE ANY INFORMATION (OR ANY PRODUCT OR SERVICES REFERRED TO THEREIN, INCLUDING THE PRICE, AVAILABILITY, FUNCTIONALITY OR PERFORMANCE THEREOF OR ANY OTHER TERMS AND CONDITIONS RELATING TO THEIR SALE OR LICENSE BY DAVID WEIN TO ITS CUSTOMERS) AT ANY TIME WITHOUT NOTICE.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

Applicable law and venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the Kingdom of Thailand applicable to agreements made and to be entirely performed within the Kingdom of Thailand, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the courts located in the Kingdom of Thailand, Bangkok and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

This website is operated by Multicolour Gems Ltd from its corporate headquarters in Bangkok, Kingdom of Thailand:

Multicolour Gems Ltd
DBA: David Wein
59 Soi Pradit
Silom Soi 20
Bangkok, 10500
Thailand

No delay or failure by David Wein to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of David Wein.

If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by David Wein.

David Wein reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.

This document last revised on: March 19, 2014

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