Conditions of Sale
1) ABOUT NOEMI DIAMONDS AND THESE CONDITIONS OF SALE
For payment conditions, please proceed to Paragraphs 8) to 10)
· These Conditions of sale apply to any sales of Noemi. Diamonds products or services that you may order from our companies, using the website https://www.noemi.diamonds and any associated mobile or digital applications that refer to these Conditions of service (together, the “Platforms”) or by phone via our client hotline.
For purchases with delivery to Europe destinations, the selling company is
iDress B.V., of which the administrative headquarter is in Laren, The Netherlands, KvK no 51199351, RSIN 823139888.
The fulfilment address for sending and returns is iDress BV/ Noemi.Diamonds at Rijfstraat 2, 2018 Antwerp, Belgium.
For investment diamond purchases, gold bullion's and some bespoke diamond jewelry purchases, as well as bitcoins and digital currencies, the selling company is Noemi Investments GmbH, Landstrasse 123, 9495 Triesen, Principality Liechtenstein. The registration number is FL- 0002.636.978-2.
2) Changes in conditions
If our Conditions of Sale change after you made a purchase, it will not affect your order. Please come back regularly to check the conditions on any changes.
3) Eligibility of customers
By placing an order, we trust our customers will order for their use and not for somebody else, acting as representative, or commercial resale. Customers must also have reached legal majority, usually the age of 18.
The data entered as delivery address must refer to a natural and legally competent person who is the one responsible for the order.
We are entitled to ask for additional evidence for solvency or personal identity before delivering the goods.
In all events of infringement to these conditions, the order will be void / not valid anymore.
4) Product availability and quantity
Due to the precious and exclusive nature of the goods, we reserve the right to refuse or to partially refuse bulk orders or exceptional value amounts/ trade volumes. The availability of products can change in the moment of the order. In case the product ordered is not available anymore, Noemi Diamonds will first strive to offer an alternative product before refunding the money to the buyer.
5) Account registration, personal information, guest checkout
Customers can order by telephone to our client hotline or by the website www.noemi.diamonds or by email. Order by the website is possible by creating a guest account, which can be as well established by the shop owner or a sales assistant by phone on your behalf.
When using the guest checkout, customers still can create a personal account after receiving the order confirmation. To create your account, you will be required to provide valid and up-to-date personal information and a confirmation that you have reached the age of majority.
Noemi Diamonds reserves the right to cancel or terminate orders at any time if there is grounded suspicion that a customer is involved in illegal activities. The same applies if a customer would be trading in shadow markets for fraud or otherwise destabilizing business transactions.
Any open disputes about payments of the customer for previous orders must be resolved first before a new order can be accepted and fulfilled.
All prices on the website Noemi Diamonds are quoted in Euros. The prices for precious metals, diamonds, gemstones of Noemi Diamonds are related to the world market and correspond to the global demand and currency exchanges.
Amid high demand for gold and investment diamonds as of Autumn 2020, these prices are ascending.
Therefore, the prices on the website and shop can change. Noemi Diamonds reserves the right to change and correct prices at any time.
However, Noemi Diamonds strives to keep the prices as stable as possible. Delivery costs are in the shipping policy and taxes are calculated based on your destination. There is no sales tax added within the E.U. region.
8) Payment by Credit Card
It is not possible to purchase by Creditcard if it is issued by a country which has encountered sanctions or embargos imposed by the international community or amid civil unrest.
Noemi Diamonds does currently not accept Creditcards issued outside of the EU but including some EU bordering countries such as Schengen area (Switzerland, Austria, Liechtenstein, Denmark) and the United Kingdom. Instead, payments by wire transfer are welcome.
Credit Card payments are additionally protected by 3D- Secure. It is mandatory to process 3D Secure at the checkout of Noemi. Diamonds. The shop management is entitled to ask additional information or to run Due Diligence in case of orders higher than 5000 Euros (see 3, Eligibility of customers, 4, Product availability and -quantity and 6, Orders).
Orders are only valid with a signed, written acceptance letter of the shop which will be sent after the first order confirmation.
9) Payment by Bank Transfer
After the customer places an order and selects Bank transfer as a payment method, the customer will receive a confirmation mail with all data regarding the bank transfer.
The order is only accepted if the customer will receive a confirmation mail. In some events, Noemi will eventually contact the customer to discuss the order. Without a confirmation email of Noemi Diamonds, the order is not valid and void.
Once the client has received a confirmation email with the data regarding the amount and the transfer instructions, he has 7 days to perform the transfer. If Noemi Diamonds doesn’t receive the amount due within 14 days, the order is cancelled.
Clients must take into account that the receiving bank can perform Due Diligence on the amount received.
10) Payment by Digital Currencies ( f.ex. BTC)
Payments by Cryptocurrencies are possible at Noemi.Diamonds regardless the amount. These payments are being processed by our company Noemi Investment GmbH, which is managed by an accredited Liechtenstein law firm. Noemi Investment GmbH is an entity based in the principality of Liechtenstein and has wallets at its Liechtenstein Bank to receive payments in Cryptocurrencies. To pay by Bitcoin or other digital currencies, customers can tap the option "Payment request to pay by Bitcoin or other Cryptocurrencies". Customers can write their preferred cryptocurrency in the window of special comments.
A Purchase Contract will be sent along to the customer along with an Invoice indicating the amount in EUR, CHF, GBP or Dollars. The customer can convert this amount into a cryptocurrency at his convenience at the moment of the payment. The customer has the obligation to announce the effective date and time in advance to Noemi Diamonds and that is only valid as Noemi Investment GmbH agrees with it. The transfer date and time which the parties agree on are part of the contract. The contract date and time will be the base for the conversion rate. The cryptocurrency payments are, like all other payments, subject of compliance checks by the bank. The payment is only accepted if the bank confirms positively the immaculate transaction. The payment is complete according to the conversion rate of the effective date and time. In case of incomplete payments, the payment will be rejected and returned to the sender and the contract will be void. Noemi Investment GmbH Lawyer will have the supervision of the payment process and confirm its completion. Only upon confirmation of the bank and the law office, Noemi Investment GmbH will proceed with the fulfillment of the order.
Payment by cryptocurrencies can be temporarily suspended in periods of high volatility of the asset.
The status of payment with cryptocurrencies is: as per 11.01.2021 : temporarily suspended. If you want to pay by BTC or other, please contact our customer service.
Larger transactions can take place in the local bank of Liechtenstein under presence of the buyer and the Noemi Investment GmbH lawyer. Customers must agree to send upfront their CIS/ KYC to the Noemi Investment GmbH lawyer along with a declaration of the source of the digital funds which will be used for the payment. Customers which are already onboarded and have passed the compliance at leading Bitcoin platforms can expect a fast processing of their payment request at Noemi Investment GmbH.
11) Review and Confirmation of the order
Customers can review all information regarding the order, amount and price before the payment. If you place an order by telephone, a customer relations manager will read the order, and the customer has to confirm it during the recorded telephone conversation.
12) Bespoke Products
Once the customer receives the offer and signs it, the non- binding offer converts into a binding sales contract between the parties.
Customers must review the offer/ order confirmation and refer back to Noemi.Diamonds immediately if anything is else than their understanding. Once the order is signed, and the payment is received for the bespoke product, Noemi. Diamonds will create and/ or finish the product according to the agreement. There is no cooling-off period for Bespoke or Rare Diamond orders. The second and final payment is due before the shipping of the product.
Customers cannot return Bespoke items.
13) Acknowledgement of Order and Sales agreement
The acknowledgement of order equals a binding sales agreement. It will be sent once the product is ready to be shipped under the condition that a) the customer pays the invoice and b) the money has been received at Noemi Diamonds. Once the customer can access his devices, the acknowledgement of order and the binding sales contract are deemed to be accepted.
14) Complementary Services
Select gift wrapping is available. When customers review the cart, they have the option to tick the box “ My order is a gift (Noemi's customer service will contact you upon order placement)”. After placing the order, the customer service will contact the customer to discuss the preferences.
Laser-Engraving and personal cards service is available for most products. Please note that these services might delay the delivery from a minimum one to a maximum of three days. In case customers wish a laser- engraving or other personalization, they might want to contact Noemi.Diamonds customer hotline before ordering to enquire about the precise processing time.
Personalization orders can be placed by a telephone call in addition to your order, or together with the entire order. Some products descriptions include customization boxes.
15) Shipping Policy
Noemi. Diamonds accepts orders to Continental Europe. The company does not deliver to P.O. Boxes, c/ o addresses, hotels and addresses where it can be assumed that they are not inhabited. Noemi. Diamonds is entitled to ask for your I.D. for proper identification before shipping an item.
Customers from other countries than mentioned here are welcome to call the customer hotline for individual offers for shipment rates.
Carbon-neutral shipping is available for products with a value below 5000 Euro.
Noemi. Diamonds currently serves the following countries and offers these rates- depending on the security profile of the product:
Fed EX Insured: Austria, Belgium, Denmark, Germany, Luxembourg, Monaco, Netherlands, Switzerland, United Kingdom (15 Euros as per April 2020)
Ferrari Special Value Service: Mainland Europe Belgium, Denmark, Estonia, Finland, France, Germany, Holy See (Vatican City State), Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, Austria, Greece (60 Euros as per April 2020)
Malca Amit Special Value Services on request.
UPS Insured Mainland Europe CARBON-NEUTRAL: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Holy See (Vatican City State), Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, Czech Republic (35 Euros as per April 2020)
16) The Refund Policy can be found here:
For any repairs, please contact the Noemi. Diamonds customer service at firstname.lastname@example.org.
Products which have been purchase for somebody else as gifts will be invoiced to the billing address by e-mail. The gift recipient will not see an invoice. Information about gift wrapping: see Chapter 13.
19) Product Descriptions
We do our best keep our Information and Product descriptions up-to-date and one hundred percent accurate.
However, Noemi.Diamonds cannot give a guarantee regarding the completeness, reliability, accuracy, and so on of such information.
20) Limitation of Liability
The jurisdiction of countries differ. Sales conditions and return conditions might be a matter of interpretation. Hence, Noemi.Diamonds (iDress B.V.) company states that customers are dealing with a company of limited liability (B.V.). In case the selling entity is Noemi Investments GmbH, the term GmbH means an entity with limited liability according to the Liechtenstein legislation. That means that the liability of Noemi. Diamonds can never exceed one hundred percent (100%) of the price of the product you ordered, up to a maximum of the deposit of the legally deposited company capital.
21) General Provisions
If any part of the Sales Conditions are deemed to be illegal, invalid or unenforceable, the rest of the Sales Conditions shall be unaffected and continue to be fully valid and enforceable.
The Conditions of Sale and the associated links to other legal documents create the entire agreement between Noemi.Diamonds and the customer. All different drafts or arrangements shall be subjected to these Conditions of Sale.
Noemi.Diamonds shall never ask customers for their website/ banking access details such as Log-in codes, and will never approach customers for the sale of items other than the ones displayed on the website noemi.diamonds. Our company will not change the steps of processing an order, such as described in these sales conditions, unless the Sales Conditions themselves are adapted, and the change is published on the website noemi.diamonds. In case of an adaption of the Sales Conditions, it shall not affect existing orders.
Only Noemi.Diamonds can enforce any of the terms of Sales Conditions. In case of doubt, customers must refer back to the Noemi customer hotline to verify attempts of enforcement of the Sales Conditions. The company will not tolerate phishing mails, false invoices, spam, copyright or trademark infringement whatsoever.
22) Governing Law, Agreement to Arbitration of Claims
The law of The Netherlands shall govern these conditions of sale. Any dispute, controversy or claim arising out of the Conditions of Sale, will be resolved by binding arbitration rather than in court. The customer understands and agrees that he is waiving his right to go to court to make claims, including a trial, under the Conditions of Sale. In case the customer service of Noemi. Diamonds is not capable of resolving a dispute between customers and seller regarding any interpretations of the Sales Conditions and claims, a third party arbitration will be in place.
Noemi.Diamonds will pursue the resolving of a dispute on an individual base and seek arbitration by the Netherlands Consumer representation “Consumentenbond”, which has a department for arbitration. The customer advisors centre is open from Monday to Friday 8.30 am to 6 pm.
Phone number 0031-70-4454545.
Before bringing any dispute to the arbitration, the customer and Noemi.Diamonds agree that they will make all efforts to resolve the case within 30 days between the parties.
No claim, neither from seller nor from the buyer, shall be filed in court before the period of 30 days has been used amicably to settle the conflict.
In case of changes in the financial circumstances of the customer after conclusion of the contract, the obligation of payment will continue for the customer and/ or his successors.
24) Force Majeure
Noemi. Diamonds is entitled to claim a delay or total suspensions of Services, including deliveries, charge-back or returns due to Force Majeure such as, but not limited to, Earthquakes, Pandemics, Terrorism, Radiation, Magnetic Fields, Climate Impacts of Scale, Fire, Lightning Strikes, Theft, Civil Unrest, Vandalism, Damaged Infrastructure, or, due to the effect of government restrictions, for hygienic reasons, Closed Buildings,Travel Embargoes, Interrupted Infrastructure, Shut-down of Marketplaces, Staff Health Protection Policy or inaccessible Delivery Services or otherwise due to the protection of life with immediate impact on the supply/ delivery chain.