Shell Diamonds
General Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the purchase of products on shelldiamonds.com. They form part of, and are complementary to, our Legal Notice, and work together with our Shipping Policy, Returns, Withdrawal and Refunds Policy and Warranty Policy.
1. Identification of the seller
The seller is GENESIS LAB, S.L., N.I.F. B24953887, registered office at C/ Pompeu Fabra 2, bajos, 07004 Palma de Mallorca (Illes Balears), Spain — see the Legal Notice for full identifying details.
2. Purpose and capacity
These conditions govern the sale of the products offered on the website. To purchase, you must be over 18 years of age and have legal capacity to contract. We may cancel an order if we have well-founded reasons to consider that the buyer does not meet these requirements.
3. Products
We sell jewellery (rings, earrings, bracelets and necklaces) made with laboratory-grown diamonds, also known as synthetic or laboratory-created diamonds. These are not natural diamonds, a fact indicated clearly and prominently on each product page, next to the product name and with the same visibility.
Each item is delivered with a certificate issued by the International Gemological Institute (IGI), in English, attesting to the laboratory-grown nature of the diamond and its characteristics according to the 4 Cs. The certificate refers to the stone and does not certify the metal of the setting or the finished item as a whole.
4. Prices, taxes and your status as importer
Prices are shown in euros (€). Products are dispatched from China and, accordingly, you act as the importer of the goods. On arrival in the country of destination, import VAT and, where applicable, customs duties, customs clearance handling fees charged by the carrier and customs charges may become payable, all of which you bear.
Before you complete your purchase — and in any event before you become bound by the order — the site displays clearly and prominently an estimate, by country of destination, of the applicable import taxes and charges, together with a warning that these amounts are paid to customs or to the carrier, never to GENESIS LAB, S.L., and that the final amount is determined by the customs authority of the destination country and may differ from the estimate.
You will not be required to pay GENESIS LAB, S.L. any additional amount that was not notified to you before the order was placed. See the country-by-country customs guidance on our Certificates & shipping page.
Where your card or means of payment does not operate in the currency of the purchase, the charge may be made in the currency of your account. The calculation and application of the exchange rate is a matter for your card issuer, which may charge its own fees, unrelated to us.
5. Nature of the offer, purchase process and formation of the contract
The display of products on the website is an invitation to treat, not a binding offer of sale.
You select products, add them to the cart and complete the purchase process by providing the required data and expressly accepting these conditions. The button by which you place the order bears the wording “order with obligation to pay”.
By clicking that button, you make a binding offer to purchase. We will acknowledge receipt of your order by email within the following twenty-four hours. This acknowledgement confirms receipt of the offer but does not in itself constitute acceptance.
The contract is formed when we communicate to you, on a durable medium, that your order has been accepted and dispatched. At that time we will send the invoice or the means to download it. The contract may be concluded in English or Spanish and will be filed by us; we will provide a copy to any customer who requests it.
6. Availability and non-acceptance of the order
We may decline to accept an order, informing you without delay and without incurring liability beyond a full refund of amounts received, where any of the following arise:
- Supervening unavailability of the product or impossibility of manufacturing or supplying it.
- Manifest error in the price or description of the product published on the website.
- Failure of the issuing entity or of the payment service provider to authorise the payment.
- Well-founded indications of fraud or unauthorised use of a means of payment.
- Impossibility of delivery at the address provided, or an address that belongs to a transport or forwarding company.
- Legal restrictions applicable in the destination country preventing export or import of the product.
The refund will be made by the same means of payment used, without undue delay. This power may not be exercised arbitrarily or to the detriment of the rights afforded to you by consumer protection legislation.
7. Pricing errors
If the correct price of a product is lower than the price published, we will charge the lower amount and dispatch the order. If it is higher, we will contact you before accepting the order, and you may confirm it at the correct price or cancel it at no cost.
Where an order has been accepted with a manifest and unequivocal pricing error which you could reasonably have noticed given the nature of the product, we may terminate the contract by informing you and refunding in full the amount paid, without further liability.
8. Means of payment
Payments are accepted by card through the secure Redsys gateway (Banco Santander/Getnet POS), by PayPal and by Klarna, in its deferred payment mode. Where Klarna is selected, the financing is governed by its own terms and by the pre-contractual information Klarna provides during the payment process; Klarna is responsible for the assessment and granting of the financing. Cash payments are not accepted.
9. Retention of title
Products remain the property of GENESIS LAB, S.L. until their price has been paid in full. This is without prejudice to the transfer of risk, which takes place upon physical delivery to you in accordance with our Returns Policy.
10. Prohibition of resale
Products purchased through the consumer (B2C) sales channel are intended for your personal use. Their resale or distribution for commercial purposes is prohibited. Trade professionals wishing to purchase products for resale must do so through the channel provided for that purpose, on terms agreed individually.
11. Liability
GENESIS LAB, S.L. is liable for performance of the contract on the terms provided by applicable legislation and, in particular, for the conformity of products in accordance with our Warranty Policy.
We are not liable for any breach or delay caused by events beyond our reasonable control, such as natural disasters, labour disputes outside our organisation, widespread disruption to international transport, or decisions of the customs authorities. In such a case we will notify you without delay and take the measures necessary to minimise the consequences; if the delay proves substantial, you may terminate the contract and obtain a refund of the amount paid.
Nothing in these conditions excludes or limits our liability for wilful misconduct, for personal injury, or any other liability that cannot be excluded under consumer protection legislation.
12. Shipping, withdrawal and warranties
Shipping, the right of withdrawal and returns, and warranties, are governed by the specific policies at Shipping Policy, Returns, Withdrawal and Refunds Policy and Warranty Policy, which form part of these conditions.
13. Business customers (B2B)
Business customers may apply for registration through the channel provided on the website; applicable conditions and prices are agreed individually. The right of withdrawal available to consumers does not apply to business-to-business sales. In intra-Community transactions, your VAT identification number may be required and will be verified in the VIES system.
You warrant that the data provided to evidence your status as a business or professional is truthful, complete and up to date, and undertake to notify any change. We may refuse, suspend or revoke registration, and cancel pending orders, where the data provided proves false, misleading or incomplete, where your professional status cannot be verified, or where it ceases to apply. Revocation does not affect orders already accepted and dispatched.
14. Customer service and complaints
You may address any enquiry or complaint through info@shelldiamonds.com and/or the WhatsApp channel indicated on the website. We will handle complaints as promptly as possible.
15. Other conditions
Assignment. We may assign our contractual position to another entity, ensuring this does not impair your rights. You may only assign your rights or obligations with our written consent.
Severability. If any clause of these conditions is declared void or ineffective, the remainder shall remain in full force.
No waiver. Any delay or failure by us to exercise any of our rights shall not constitute a waiver of those rights nor prevent their subsequent exercise.
Amendment. We may amend these conditions. The version in force at the time an order is placed shall apply to that order.
16. Applicable law and jurisdiction
These conditions are governed by Spanish law. Where you are a consumer resident in another State, you retain the protection afforded by the mandatory provisions of the law of your country of habitual residence. Disputes will be resolved before the forum legally corresponding to the consumer.
Shell Diamonds is operated by GENESIS LAB, S.L., N.I.F. B24953887, C/ Pompeu Fabra 2, bajos, 07004 Palma de Mallorca (Illes Balears), Spain.