Diamond Identification, Grading and Claims Policy

1. Purpose of This Policy

Kurbani Durjini takes reasonable and proportionate steps to ensure that diamonds and diamond jewellery are accurately identified and described at the time they are offered for sale.

This policy explains:

• The verification procedures that may be applied;

• The limitations inherent in diamond grading and testing;

• The status of independent laboratory reports;

• The procedure for raising an identification or grading concern; and

• The limits of Kurbani Durjini’s responsibility, to the extent permitted by applicable law.

This policy should be read together with the relevant product description, invoice, laboratory report, Returns and Refund Policy, Warranty Policy and Terms and Conditions of Sale.

2. Product Identification

Where applicable, a product will be described as containing:

• A natural or mined diamond;

• A laboratory-grown or laboratory-created diamond; or

• A diamond simulant or imitation stone.

Kurbani Durjini does not knowingly describe a diamond simulant as a natural or laboratory-grown diamond. We do not knowingly describe a laboratory-grown diamond as a natural or mined diamond.

The description applicable to an item is the specific written description provided on the product page, invoice or other documentation issued by Kurbani Durjini at the time of purchase.

General photographs, illustrations, marketing materials and educational information are not substitutes for the specific written description of the item purchased.

3. Verification Procedures

Depending on the nature, size, value, setting and available documentation of a diamond, Kurbani Durjini may use one or more of the following verification procedures:

Professional Examination

A diamond may be examined by an experienced gemmologist, trained jewellery professional or other suitably qualified person.

The examination may include visual assessment, magnification, measurement and appropriate instrumental testing.

Instrumental Testing

Testing equipment and recognised gemmological methods may be used to assist in identifying:

• Natural diamonds;

• Laboratory-grown diamonds;

• Diamond simulants; and

• Certain detectable treatments or enhancements.

The tests selected will depend on the characteristics and circumstances of the particular stone. Not every diamond will undergo every available test.

Supplier Documentation and Due Diligence

Kurbani Durjini may rely upon information supplied by manufacturers, diamond dealers, distributors and other suppliers whom we reasonably consider reputable.

This information may include invoices, warranties, declarations, grading reports and other supporting documentation.

Independent Laboratory Reports

Where expressly stated in the product description, a diamond may be accompanied by a report issued by an independent gemmological laboratory.

Unless Kurbani Durjini expressly states otherwise in writing, the report represents the independent opinion of the issuing laboratory at the date of examination. It is not a guarantee issued by Kurbani Durjini and does not constitute a financial valuation.

4. Limitations of Diamond Testing

Diamond identification and grading are based on the information, testing methods, equipment, professional knowledge and industry standards reasonably available at the time of examination.

No testing programme can guarantee that every characteristic, treatment or enhancement will be detectable under every circumstance.

Testing may be affected by:

• The size or setting of the diamond;

• Accessibility of the stone;

• The condition of the jewellery;

• The limitations of the equipment used;

• The nature or extent of a treatment;

• Developments in diamond production or treatment technology; and

• Developments in future testing methods.

Kurbani Durjini does not warrant that future technology or future scientific developments will never identify a characteristic that could not reasonably have been identified using appropriate methods available at the time of sale.

This provision does not remove any remedy that must be provided where an item was materially misdescribed under applicable law.

5. Diamond Grading Is a Professional Opinion

Assessments of colour, clarity and cut involve professional judgement. Different qualified gemmologists or laboratories may reasonably reach different conclusions when examining the same diamond.

A difference between two grading opinions does not, by itself, establish that the diamond was misrepresented.

A claim based on grading will normally require evidence of a material discrepancy rather than a minor, borderline or reasonably arguable difference of professional opinion.

Carat weights and measurements may be subject to customary industry rounding and measurement tolerances.

For jewellery containing multiple smaller diamonds, stated total carat weights may be approximate unless expressly stated otherwise.

6. Treatments and Enhancements

Where Kurbani Durjini knows, or reasonably identifies through the verification procedures applied, that a diamond has undergone a treatment or enhancement requiring disclosure, the relevant information will be provided in the product description or accompanying documentation.

Kurbani Durjini cannot accept responsibility for a treatment or enhancement that:

• Was not disclosed to us by the supplier;

• Was not reasonably detectable using the testing procedures appropriate to the item at the time of sale; and

• Could not reasonably have been identified through the exercise of appropriate care.

Nothing in this section limits responsibility where Kurbani Durjini knew of a material treatment, deliberately concealed information or failed to make a disclosure required by applicable law.

7. Origin and Provenance

Unless expressly confirmed in writing in the product description or accompanying documentation, Kurbani Durjini does not make a representation or warranty regarding:

• The geographic mine or country from which a diamond originated;

• The identity of the original miner, cutter or previous owner;

• The complete historic chain of custody;

• The exact date on which the diamond was mined or manufactured; or

• Any ethical, environmental or sustainability characteristic beyond the specific written statements supplied with the product.

A statement that a diamond is natural or laboratory-grown describes the manner in which the diamond was created. It does not, by itself, confirm geographic origin or complete supply-chain provenance.

8. Certificates and Reports

Any certificate, grading report or appraisal supplied with a product should be reviewed carefully.

A laboratory report:

• Records the issuing laboratory’s findings at the time of examination;

• Applies only to the diamond identified in that report;

• May not cover every diamond within a multi-stone jewellery item;

• Is not a guarantee of future grading consistency;

• Is not evidence of future market value;

• Is not a promise of resale value; and

• Is not investment advice.

Kurbani Durjini is not responsible for errors made solely by an independent laboratory or appraiser except to the extent that applicable law makes Kurbani Durjini responsible for information incorporated into the sale.

Kurbani Durjini does not control the policies, grading standards, procedures or future decisions of an independent laboratory.

9. No Investment or Resale Guarantee

Diamonds and jewellery are sold as consumer or personal products unless expressly agreed otherwise in writing.

Kurbani Durjini does not represent or guarantee that a diamond or jewellery item:

• Will increase or retain its value;

• Can be resold for its original purchase price;

• Will achieve a particular auction or trade price;

• Is suitable as an investment;

• Will have an active resale market; or

• Will receive the same valuation from another jeweller, laboratory, insurer or appraiser.

Market value, retail replacement value, insurance value, auction value and second-hand resale value are different concepts and may produce substantially different figures.

Any decision to purchase a diamond for investment, speculation or resale is made at the customer’s own commercial risk.

10. Customer Examination and Independent Advice

Customers are encouraged to review all available product descriptions, measurements, reports and disclosures before purchasing.

Customers may request additional information before completing a purchase.

Customers may also obtain independent gemmological, legal, tax, insurance or financial advice where they consider it appropriate.

An independent appraisal obtained by a customer is not automatically conclusive and does not, by itself, prove that the original product description was incorrect.

11. Raising an Identification or Grading Concern

A customer who believes that a diamond may have been materially misidentified or materially misdescribed should contact Kurbani Durjini as soon as reasonably practicable after discovering the concern.

The customer should provide:

• Their full name;

• Their order or invoice number;

• A clear explanation of the concern;

• Photographs of the item;

• Copies of all certificates or reports supplied with the item;

• A copy of any subsequent independent report; and

• Details of any repairs, resizing, resetting, polishing, cleaning, alteration or other work performed after delivery.

Prompt notification assists Kurbani Durjini in preserving evidence and carrying out an effective investigation. It does not shorten any mandatory statutory limitation period or consumer remedy period.

12. Preservation and Return of the Item

After identifying a potential authenticity or grading concern, the customer should stop altering, repairing, resetting or otherwise modifying the item until the concern has been investigated.

Kurbani Durjini may require the original item to be returned for examination before deciding whether a claim is established or providing a remedy, except where applicable law requires otherwise.

The item must be returned using the instructions provided by Kurbani Durjini. Customers should not send valuable jewellery without first obtaining appropriate return and insurance instructions.

The customer must take reasonable care to ensure that the returned item is the same item originally supplied by Kurbani Durjini.

13. Alteration, Substitution and Chain of Custody

Kurbani Durjini may be unable to accept or reliably determine a claim where, after delivery:

• The diamond has been removed from its original setting;

• The jewellery has been resized, repaired, altered or reset by a third party;

• The identifying inscription has been removed or changed;

• The diamond or jewellery has been damaged;

• The item has been mixed with other stones or jewellery;

• The item’s chain of custody cannot reasonably be established;

• The item returned is not the item originally supplied; or

• Testing has been conducted using a destructive or materially altering procedure.

Any effect on a customer’s remedy will be limited to the extent that the alteration, damage, substitution or loss of evidence has materially prejudiced Kurbani Durjini’s ability to investigate the claim, and only to the extent permitted by applicable law.

14. Investigation Procedure

When a genuine concern is raised, Kurbani Durjini may:

• Review the original product records and supplier documentation;

• Inspect the returned item;

• Compare report numbers, inscriptions, measurements and identifying characteristics;

• Conduct or arrange further testing;

• Consult the original supplier or laboratory; and

• Submit the item to an appropriately qualified independent gemmological laboratory.

A report commissioned solely by the customer will be considered but will not necessarily be treated as final or conclusive.

Where reasonably necessary, Kurbani Durjini may seek a further independent opinion before determining whether a material misidentification or misdescription has occurred.

15. Outcome of an Investigation

If the available evidence confirms that the item materially conforms to its product description, Kurbani Durjini will return the item to the customer and explain the conclusion reached.

Where a disagreement concerns a reasonable difference of professional grading opinion rather than a material misdescription, Kurbani Durjini will not be required to treat the item as inauthentic or misdescribed.

If the evidence confirms that the item was materially misidentified, materially misdescribed or sold without a disclosure required by applicable law, Kurbani Durjini will provide the remedy required under applicable law and the applicable Terms and Conditions of Sale.

Depending on the circumstances and applicable law, that remedy may include repair, replacement, price reduction, refund or another agreed resolution.

16. Matters Outside Kurbani Durjini’s Responsibility

To the fullest extent permitted by applicable law, Kurbani Durjini is not responsible for loss, damage or expense:

• Not caused by a breach, act or omission of Kurbani Durjini;

• Caused by normal wear and tear;

• Caused by accidental damage, misuse, improper storage or inadequate care;

• Caused by a third-party jeweller, setter, repairer, cleaner, appraiser, courier or other service provider;

• Caused by an unauthorised alteration, resizing, repair or resetting;

• Resulting from a customer’s decision to sell, pledge, insure or use the item as security;

• Resulting solely from changes in market, retail, auction or resale value;

• Resulting solely from a reasonable difference of professional grading opinion;

• Resulting from information supplied by the customer that was inaccurate or incomplete; or

• That was not reasonably foreseeable as a result of any breach by Kurbani Durjini.

Kurbani Durjini is not responsible for losses arising from business use, resale activities or investment decisions where the item was purchased primarily for commercial purposes, except as provided in separate written business terms or as required by law.

17. Liability That Is Not Excluded

Nothing in this policy excludes, restricts or limits:

• A customer’s mandatory statutory rights;

• Kurbani Durjini’s obligation to supply goods that materially conform to their description;

• Liability for fraud or fraudulent misrepresentation;

• Liability for death or personal injury caused by negligence;

• Any liability arising from deliberate misconduct; or

• Any other liability that cannot lawfully be excluded or limited.

No provision of this policy should be interpreted as requiring a customer to accept a counterfeit, substituted or materially misdescribed product.

18. Relationship With Product Descriptions and Other Terms

This policy is a general statement concerning diamond identification and grading.

The individual product description determines the specific characteristics represented for the item purchased.

Where there is an inconsistency between this policy and a specific written product description, the specific product description will apply, except where doing so would reduce a mandatory legal right.

This policy forms part of Kurbani Durjini’s Terms and Conditions of Sale where it has been provided or made reasonably available to the customer before the purchase is completed.

19. Contact Information

Questions or claims under this policy should be submitted to:

Kurbani Durjini
Email: info@durjini.com
Postal address: 36-38 Cornhill London EC3V 3NG
Website: durjini.com

Customers should include their order or invoice number in all correspondence.