Terms of Sale

Introduction

These Terms of Sale form a legally binding contract between you, the client (“You”), and Above Diamond (“the Company”). By placing an order and making payment, you acknowledge that you have read, understood, and agree to these terms and conditions.

This contract clarifies both parties' rights and obligations concerning the purchase and delivery of custom jewelry items. Above Diamond’s policy on the collection, use, and disclosure of clients’ personal information is detailed in its Privacy Policy, which forms part of these Terms and Conditions.

Your use of this website is governed by the Website Terms and Conditions. Above Diamond reserves the right to amend these Terms and Conditions at any time without prior notice. Amendments take effect upon appearing on the Website, unless otherwise specified. If amendments impact your order, Above Diamond will inform you by email or other verifiable means.

1. Customized Nature of Products

Most items at Above Diamond are custom-made to order. Due to their personalized nature:

• Non-Cancellable and Non-Returnable: Once a deposit or full payment has been made, orders cannot be canceled or modified, except as required by Thai law.
• Strict Policy for Single Diamond Orders: For orders involving a single loose diamond or gemstone purchased specifically for you, whether mounted or unmounted:
• • The diamond is immediately confirmed and procured from suppliers after deposit or payment.
  • Such orders are strictly non-refundable and non-cancellable under all circumstances, except where required by Thai law (e.g., proven defects or misrepresentation).
  • This applies even if production of the jewelry setting has not yet begun.
• No Returns: Returns or exchanges are accepted only for verified manufacturing defects (see Section 2). Diamond characteristics such as inclusions, fluorescence, or grading results from independent laboratories do not constitute manufacturing defects.
• Important: In rare cases where a cancellation is accepted for custom jewelry (excluding single diamond orders), a cancellation fee applies based on production progress. See Section 6 for full details.

2. Quality Assurance and Defects

Above Diamond provides high-quality craftsmanship. If a manufacturing defect is identified:

• Notify Above Diamond within 7 days of receipt, with supporting photographs and a description.
• Above Diamond may require inspection and will determine the appropriate remedy: repair, replacement, or refund (if applicable under Thai law).
• This guarantee does not apply to damage caused by misuse, wear and tear, or improper care.

3. Payment and Deposit

A deposit secures your order and authorizes Above Diamond to begin procurement and production.

• Balance Payment: The remaining balance must be paid within 30 days of notification that the item is ready. Failure to pay may result in cancellation and forfeiture of deposits, at Above Diamond’s discretion.

4. Availability and Delivery

4.1 Availability

Above Diamond’s items are typically made to order, with an estimated completion period of 3–8 weeks, subject to change during peak periods. Above Diamond will make reasonable efforts to notify customers of any delays, but delays may still occur. Delivery times are estimates and not guaranteed.

• Stock and Delivery Limitations: Product availability may vary, and delays may occur, especially during busy seasons.
• No Liability: Above Diamond is not liable for any incidental or consequential loss, damage, or expense arising from delivery delays or availability issues.

4.2 Delivery

• Risk and Title: Ownership and risk transfer to you upon delivery to the address specified in your order.
• Tracking and Proof of Delivery: Above Diamond will provide a tracking number upon dispatch. You may be required to sign upon receipt. If unavailable, the parcel may be redirected to a Post Office or collection hub.
• Address Issues: If goods are returned due to incorrect addresses or non-collection, Above Diamond may attempt re-delivery with additional charges upon your approval.

4.3 In-Store Pickup

Only the individual who placed the order may collect the goods in-store unless otherwise arranged with Above Diamond. Identification may be required, and Above Diamond reserves the right to copy the ID for fraud prevention.

• Collection Notification: You will be notified when the goods are ready for collection.
• Identification Requirement: Above Diamond may refuse collection if identification is not provided.

5. Collection of Goods

• Collection Period: Goods must be collected within 30 days of notification. If uncollected after 30 days, clients will receive one reminder.
• 90-Day Clause: If no response or collection occurs within 90 days, Above Diamond reserves the right to dispose of the goods, at which time ownership reverts to the Company.

6. Cancellations of Orders

Above Diamond reserves the right to cancel any order prior to delivery for any reason, including:

• Errors on the Website, such as pricing or description inaccuracies.
• Supplier inability to fulfill the order.
• Unforeseen events beyond Above Diamond’s control (e.g., natural disasters, power outages).
• Options will be provided.

Client-Initiated Cancellations

You may cancel only if Above Diamond has breached a significant term or if the order has not yet been accepted.

Single Loose-Diamond/Gemstone Orders

Any order involving the procurement of a single loose diamond/gemstone is strictly non-cancellable and non-refundable once deposit or payment is made, as procurement occurs immediately and suppliers do not accept returns.

Production Stage & Cancellation Fees for Custom Jewelry (Excluding Single Loose-Diamond Orders)

If Above Diamond permits a cancellation request for custom jewelry items after production begins, the following fees apply:

• After sourcing diamonds/gemstones: 30% of total price
• After casting or production begins: 50%
• After stone setting: 80%
• After production completion: 100% (non-refundable)

These fees are designed to fairly cover the design, labor, and materials already committed to your order. The applicable fee will be determined by Above Diamond based on the production stage at the time of cancellation. Above Diamond is not liable for any indirect loss, damage, or expense resulting from client-initiated cancellations.

7. Refunds

Where a refund is due:

• Refunds will be processed within 7 business days and may be issued in increments of up to 20,000 THB per payment.
• The actual receipt time of the refund depends on your financial institution’s processing time.

8. Return of Goods

• Inspection on Delivery: You should inspect your goods upon delivery to confirm no transit damage.
• Return Policy: If issues are identified, refer to Above Diamond’s Returns Policy.
• Return Procedure: Securely pack the item, include your contact details, and ship it to the specified return address below. The client is responsible for return shipping and insurance expenses, as Above Diamond is not liable for items lost or damaged in return transit.

Returns Address:
229 Fuangnakorn Road, Wangburapapirom,
Phranakorn, Bangkok 10200, Thailand
Phone: +66 80 995 6645

9. Placing an Order

By placing an order, you acknowledge that:

• Your order is an offer to purchase goods at the stated price, subject to Above Diamond’s acceptance.
• Once accepted, a binding agreement is created between you and Above Diamond, governed by these Terms and Conditions.
• You have reviewed your order carefully, as cancellation may not be possible post-acceptance.

10. Offer and Acceptance of an Order

After submitting an order, you will receive an acknowledgment email. This does not constitute acceptance, even if payment has been processed. Acceptance occurs only upon review and approval at Above Diamond’s headquarters. Orders may be canceled if the product is out of stock, if a technical error occurs, or if there is suspicion of fraud. In such cases, Above Diamond will inform you of available options.

11. Pricing and Legal Rights

• Price Modifications: Prices may change without prior notice.
• Currency and Taxes: Prices are in THB, USD, or local currency. Taxes and duties may apply.
• Legal Rights: Purchases are governed by Thailand’s Consumer Protection Act, under which clients are entitled to refunds or replacements if goods do not meet quality standards, are unfit for purpose, or fail to match descriptions.

Governing Law and Dispute Resolution
These Terms of Sale are governed by Thai law, including the Consumer Protection Act and other applicable regulations. Any disputes shall first be addressed through Above Diamond’s customer service. If unresolved, parties agree to submit to mediation in Thailand before pursuing any formal court proceedings.