Draft Combined Terms and Conditions

Important drafting note: This draft uses placeholders where details are not yet final. it requires some final touch ups and ammendments.

1. About these Terms

These Terms and Conditions apply to your use of our website, configurator, enquiry process and any order placed with Prismatic Zenith Ltd t/a PRISMA.

In these Terms, “PRISMA”, “we”, “us” and “our” mean Prismatic Zenith Ltd t/a PRISMA, a private limited company registered in England and Wales under company number 17171054. Our registered office is [registered office address]. Our VAT number is [VAT number].

You can contact us by email at support@prismaticzenith.com. Our telephone number is 020 1111 1111. We prefer customer enquiries to be made by email in the first instance.

By using our website or placing an enquiry or order with us, you agree to these Terms. If you do not agree, you should not use our website or place an order.

2. About PRISMA

PRISMA is a bespoke jewellery designer. We create personalised jewellery to customer specification. We do not sell ready-made stock or standard inventory items.

We may design, source, arrange manufacture, package, quality check and dispatch bespoke jewellery. Some work may be carried out in-house and some may be carried out by selected third-party specialists, workshops, CAD designers, setters, gemstone suppliers, hallmarking providers, certification providers, couriers and other service providers. Your customer contract remains with PRISMA unless we expressly agree otherwise in writing.

Our pieces are currently crafted by selected third-party manufacturing partners, including partners based in India, then delivered to PRISMA before being dispatched to the customer.

3. Who may order

You must be at least 18 years old to place an order. We may accept orders from consumers and from business or corporate clients.

We currently accept orders from customers in the United Kingdom and may accept orders from customers in the European Union at our discretion. Orders outside the UK may be subject to additional delivery charges, customs duties, import VAT, taxes, brokerage charges or other local charges. Unless we expressly agree otherwise in writing, you are responsible for all such charges.

All orders are priced and payable in GBP sterling.

4. Our bespoke design process

Customers may submit a request through one of our available design methods:

Inspiration image route: you may submit a picture or example of a design you like and describe the changes you would like, such as gemstone, finish, setting or design adjustments.

Configurator route: you may use our configurator to describe and shape your preferred jewellery design.

Guided brief route: you may describe the occasion, intended piece, style or sentiment, and we may guide you using questions to understand what you want the jewellery to look and feel like.

Across these routes, we may collect your name, email address, optional phone number and a description of your requested design. You may also upload inspiration images, photographs, sketches, existing jewellery images, certificates or other supporting materials.

Website forms, configurator outputs, automated acknowledgements and early budget indications are not binding offers by PRISMA and do not create a contract.

5. Concepts, quotes and approval

After reviewing your brief, we may provide at least three design concepts, samples, templates, quotes or visualisations. These may be created using CAD, AI-assisted tools, sketches, technical drawings, previous/general examples, supplier examples or other design resources.

All sketches, CAD renders, AI renders, technical drawings, sample images and visualisations are concept-only unless and until expressly incorporated into the final written specification accepted by us. They are intended to help communicate style, direction and feasibility. They are not guarantees that the final piece will be identical in every respect.

We may allow revisions before payment, provided the request remains the same general design. A revision means an adjustment to the same design direction. A materially different concept or new design direction may be treated as a new request.

Once you choose and approve a final design, we will send you an invoice, contract, written specification or order confirmation with payment details. Approval may be given by signed approval, email confirmation or another written method accepted by us.

6. Quotes and pricing

Our quotes may take account of design complexity, metal, gemstones, labour, CAD work, hallmarking, certification, packaging, shipping and other relevant costs. The quote or order confirmation will state what is included.

Quotes are valid for 10 working days unless we state otherwise. Because jewellery prices can be affected by metal prices, gemstone availability, supplier pricing, exchange rates, certification costs and other market factors, prices may change after the quote validity period expires.

We may withdraw or amend a quote before payment if there is a pricing error, material error, supplier issue, gemstone availability issue, technical issue or other reasonable commercial reason.

If we discover an obvious pricing error after payment but before manufacture has begun, we will contact you to discuss the issue and may cancel the order and refund sums paid if we cannot proceed at the quoted price.

7. Payment

For now, payment is by bank transfer unless we agree another method in writing. We may introduce card payments, payment links or other payment methods in future.

Unless we agree otherwise, full payment is required after final design approval and before work begins on your order. We will not begin manufacture, sourcing or fulfilment until payment has cleared.

If you approve a design but do not pay within the quote validity period, we may withdraw the quote, revise the price, release any reserved materials or close the enquiry.

8. Contract formation

Your enquiry, configurator submission or request is not an order accepted by us. Any automated email acknowledging your submission is only an acknowledgement.

A contract is formed only when: (1) you have approved the final design/specification in writing; (2) we have issued an invoice, contract or order confirmation; and (3) we have received cleared payment and accepted the order.

We may decline any request or order before acceptance, including where the design is not viable, the budget is not commercially workable, materials are unavailable, the request may infringe third-party rights, we suspect fraud or unlawful activity, you are under 18, you behave abusively, or we otherwise reasonably decide not to proceed.

9. Bespoke goods, cancellations and refunds

All PRISMA jewellery is bespoke, personalised and made to customer specification. Once your final design has been approved, payment has been received and your order has been accepted, your order cannot be cancelled for change of mind and we do not offer change-of-mind returns or refunds.

This does not affect your statutory rights. If a product is faulty, not as described, not made with reasonable care and skill, or otherwise gives rise to a legal remedy, you may have rights under applicable consumer law.

If you request a change after payment, we are not obliged to accept it. Any post-payment change is at our discretion and may be impossible once sourcing, CAD finalisation, manufacture, hallmarking or certification has started.

10. Product descriptions, tolerances and natural variation

We aim to make each piece as close as reasonably possible to the approved final design. However, bespoke jewellery, gemstones and precious metals involve natural and manufacturing variations.

You acknowledge that images, renders, CADs, sketches, AI visuals and sample photographs may not exactly represent the final item. Screen displays may affect colour and appearance. Gemstones may vary in tone, inclusions, cut appearance, brilliance, dimensions and character. Handmade, cast, CAD-designed and hand-finished elements may involve minor tolerances.

Unless expressly stated as final certified measurements, metal weights, gemstone weights, dimensions and measurements may be approximate. We may make minor technical or structural adjustments where reasonably necessary for durability, wearability, setting security, hallmarking, certification, manufacture or legal compliance, provided the finished piece remains materially consistent with the approved specification.

11. Materials, gemstones and certification

We may offer silver, 9ct gold, 14ct gold, 18ct gold and platinum. We may offer natural diamonds, lab-grown diamonds, precious stones including sapphires and rubies, semi-precious stones and birthstones.

We will describe natural diamonds, lab-grown diamonds, treated stones, synthetic stones or simulated stones as accurately as reasonably possible based on information available to us from suppliers and certification providers.

Gemstones and finished pieces will be supplied with certification. We currently intend to use DGLA certification and/or appropriate supporting documentation. Certificates may relate to gemstones, diamonds, the finished piece, or both, depending on the item and order specification.

We work with suppliers who represent that their diamonds, gemstones and materials are sourced in accordance with applicable legal and industry standards. We do not currently hold independent documentation for every upstream assurance and therefore any ethical sourcing or conflict-free statement should be read as based on supplier representations and our reasonable sourcing practices.

12. Hallmarking

Precious metal items will be hallmarked. Hallmarking may add time to production and dispatch. Hallmarks, assay marks or maker marks may be placed in locations determined by applicable practice, technical feasibility and the relevant hallmarking provider.

13. Third-party inspiration and intellectual property

You may submit inspiration images to help us understand your preferred style. However, inspiration images are used to understand design direction only. PRISMA will not knowingly reproduce third-party designs, logos, trade marks, protected settings, brand identifiers or distinctive proprietary design elements exactly.

You confirm that any content you provide to us may lawfully be provided and used for your enquiry. You grant us permission to use your uploaded materials, images, descriptions and brief for the purpose of assessing, designing, quoting and fulfilling your request.

You own your personal stories, ideas, preferences and brief. Once fully paid for, you own the finished physical jewellery. Unless otherwise agreed in writing, PRISMA retains ownership of unpaid concepts, sketches, CAD files, renders, technical drawings, templates, design methods, working files, website content and internal materials. You must not use unpaid PRISMA concepts or design materials to have a piece made elsewhere without our written permission.

We do not claim exclusive ownership over a customer’s underlying personal design request or personal inspiration. However, general jewellery ideas, styles, settings and techniques may be used by PRISMA in other work, provided we do not misuse your confidential personal information.

14. Use of photos, portfolio and competitions

We may ask for permission to use images, videos or descriptions of your finished piece for our portfolio, website, social media, advertising or promotional materials. Where you have paid for a bespoke design, we will ask for permission before using identifiable customer design material for marketing.

We may also invite customers to submit a photo with their new design for a chance to win a design worth up to £5,000. Any such promotion will be subject to separate promotional terms, including eligibility, closing date, judging or selection criteria, prize details and any usage rights.

15. Production, packaging and dispatch

We aim to have orders shipped within 21 working days from order acceptance, unless a different estimate is stated in your quote or order confirmation. This is an estimate, not a guaranteed delivery date.

Delays may arise from design complexity, customer approvals, gemstone sourcing, CAD work, manufacture, hallmarking, certification, quality control, packaging, courier issues, customs issues or events outside our control.

We will package and quality check items before dispatch. If a particular delivery date is important, you must tell us before placing your order. We are not bound by a required date unless we expressly confirm it in writing.

16. Delivery, risk and title

The delivery method is currently [to be confirmed]. We may use Royal Mail, courier services or other delivery providers.

We may deliver to the address you nominate, including an alternative address, provided we accept the delivery details. You are responsible for providing accurate delivery information. Additional charges may apply for redelivery, returned parcels, international delivery or failed delivery caused by incorrect or incomplete information.

Ownership of the jewellery passes to you only when we have received full cleared payment. Risk in the item passes to you when the item is delivered to the address you nominated, signed for by you or someone at that address, collected by you, or otherwise delivered in accordance with your delivery instructions.

If a parcel is lost or damaged in transit before delivery, we will liaise with the courier or delivery provider as appropriate. Your statutory rights are not affected.

17. No separate commercial warranty

We do not currently offer a separate commercial warranty, resizing service, repair service, cleaning service or aftercare plan. This does not affect your statutory rights.

Damage caused by normal wear and tear, accident, misuse, impact, chemical exposure, failure to follow care advice, third-party resizing, third-party repair or alteration will not usually be treated as a fault caused by PRISMA.

18. Business and corporate customers

If you purchase as a business, corporate client or for commercial purposes, you confirm that consumer cancellation rights and consumer remedies may not apply to you. We may agree specific corporate or bulk order terms in writing. If there is a conflict between these Terms and a signed written business agreement, the signed written agreement will take priority to the extent of the conflict.

19. Website use

You may use our website and configurator for lawful personal or business enquiry purposes only. You must not misuse the website, upload malicious code, attempt to gain unauthorised access, scrape or copy content, reverse engineer the configurator, use our content for AI training, infringe intellectual property rights, submit unlawful material or behave abusively toward us or our team.

All website content, brand materials, text, graphics, images, layouts, trade marks, design tools and software belong to PRISMA or our licensors unless otherwise stated. You may not copy, reproduce, distribute, modify or commercially exploit them without written permission.

Our website may contain third-party links or tools. We are not responsible for third-party websites, providers, platforms, payment services, courier services, laboratories or suppliers except where required by law.

20. Data and communications

We process personal data in accordance with our Privacy Policy [insert link]. We may use your contact details to respond to enquiries, provide quotes, manage approvals, fulfil orders, send service communications and deal with support matters.

We may use digital tools, including CAD software and AI-assisted visualisation tools, to help create early design concepts and visualisations. These are concept-only and do not form the final specification unless expressly confirmed by us in writing.

Marketing communications will be sent only where permitted by law and, where required, with your consent.

21. Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory rights where applicable.

Subject to the above, we are not liable for indirect or consequential losses, loss of profit, loss of business, loss of opportunity, emotional distress arising from missed proposal or event dates unless expressly guaranteed in writing, or losses caused by events outside our reasonable control.

For business customers, our total liability will be limited to the price paid for the relevant order, except where such limitation is unlawful.

22. Events outside our control

We will not be responsible for delay or failure caused by events outside our reasonable control, including supplier delays, courier delays, customs delays, assay or certification delays, strikes, transport issues, IT failures, illness, extreme weather, regulatory changes or other events beyond our control. We will take reasonable steps to minimise delay where possible.

23. Complaints

If you have a complaint, please contact us at support@prismaticzenith.com with your order details and a clear description of the issue. We will aim to respond within a reasonable time.

24. Changes to these Terms

We may update these Terms from time to time. The version that applies to your order will normally be the version in force when your contract is formed, unless a change is required by law or you agree otherwise.

25. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. If you are a consumer resident in Scotland, Northern Ireland or the European Union, you may also have rights to bring proceedings in your local courts or rely on mandatory consumer protections in your place of residence.

26. Final notes before publication

Before publication, PRISMA should confirm: full registered office disclosure requirements; VAT number; final telephone number; privacy policy and cookie policy links; bank transfer/payment instructions; delivery provider; promotion terms for the £5,000 design competition; and evidence/wording for ethical, sustainable and conflict-free sourcing claims.

End of draft