Kurbani Durjini Ltd Diamond Sales, Returns and Claims Policy

1. About This Policy

This Diamond Sales, Returns and Claims Policy applies to the sale of loose diamonds, mounted diamonds, diamond jewellery and related products by Kurbani Durjini Ltd (“Kurbani Durjini”, “we”, “us” or “our”).

This policy explains:

• How our diamonds are described and assessed;

• The status and limitations of gemmological reports;

• The distinction between natural, laboratory-grown and simulated stones;

• The customer’s responsibilities when reviewing and caring for an item;

• Our procedures for returns, grading concerns and authenticity claims; and

• The extent of our liability, subject always to applicable law.

This policy forms part of our Terms and Conditions of Sale where it has been provided or made reasonably available before the customer completes a purchase.

Nothing in this policy excludes or limits any statutory right or remedy that cannot lawfully be excluded or limited.

2. Product Descriptions

The specific written product description, invoice and any accompanying documentation identify the characteristics represented for the item purchased.

Where applicable, the product description may identify a stone as:

• A natural or mined diamond;

• A laboratory-grown or laboratory-created diamond;

• A treated or enhanced diamond; or

• A diamond simulant or imitation stone.

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

A reference to a “diamond” in a product description must be read together with any qualifying words appearing in that description, including “natural,” “mined,” “laboratory-grown,” “laboratory-created,” “treated,” “enhanced,” “simulated” or similar terminology.

General marketing materials, educational information, lifestyle images and photographs of comparable products do not override the specific written description of the item purchased.

3. Photographs and Visual Appearance

Product photographs are intended to provide a reasonable representation of the item. However, the appearance of a diamond or jewellery item may vary because of:

• Lighting conditions;

• Photography equipment;

• Image enlargement;

• Screen settings;

• Reflections;

• Viewing angle;

• The surrounding metal or setting; and

• The natural characteristics of the stone.

Photographs displayed online may be enlarged to show detail and may not represent the item’s actual size.

Where a photograph is described as illustrative, representative or showing a comparable item, the item supplied may reasonably differ in minor visual respects while remaining consistent with its written product description.

4. Verification Procedures

Kurbani Durjini applies verification procedures that we consider reasonable and proportionate to the nature, size, value, setting and documentation of the relevant diamond.

Depending on the item, these procedures may include one or more of the following:

4.1 Supplier Due Diligence

We may obtain and review information from manufacturers, diamond dealers, distributors and other suppliers whom we reasonably consider reputable.

Supplier information may include invoices, declarations, warranties, grading reports, treatment disclosures and other supporting documentation.

4.2 Visual and Gemmological Examination

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

The examination may include consideration of:

• Carat weight;

• Measurements;

• Cut;

• Colour;

• Clarity;

• Visible inclusions;

• Surface characteristics;

• Fluorescence; and

• Other relevant identifying features.

4.3 Instrumental Testing

Appropriate gemmological instruments and recognised testing methods may be used to assist in distinguishing between:

• Natural diamonds;

• Laboratory-grown diamonds;

• Diamond simulants; and

• Certain detectable treatments or enhancements.

Not every diamond will necessarily undergo every available form of testing. The testing selected will depend on the characteristics and circumstances of the particular item.

4.4 Independent Laboratory Reports

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

The presence or absence of an independent report will be stated or made reasonably clear in the product information provided before purchase.

5. Limitations of Testing and Examination

Diamond identification and grading depend upon professional judgement, available equipment, recognised methodologies and industry knowledge at the time of examination.

Testing may be affected by:

• The size of the diamond;

• Whether it is loose or mounted;

• Accessibility within the setting;

• The condition of the stone or jewellery;

• The nature of any treatment;

• The limitations of the equipment used;

• The available documentation; and

• Developments in diamond-manufacturing, treatment or testing technology.

No examination can promise that future scientific or technological developments will never identify a characteristic that could not reasonably have been detected at the time of sale.

This limitation does not remove any legal remedy available where an item was materially misidentified or materially misdescribed.

6. Gemmological Grading

Diamond grading involves professional opinion as well as objective measurement.

Different qualified gemmologists or independent laboratories may reasonably reach different conclusions regarding:

• Colour;

• Clarity;

• Cut;

• Fluorescence;

• Proportions;

• Finish; and

• The significance of particular inclusions or characteristics.

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

A grading-related claim must concern a material discrepancy and not merely a minor, borderline or reasonably arguable difference of professional opinion.

Carat weights, dimensions and other measurements may be subject to normal measurement tolerances and recognised industry rounding practices.

Where a jewellery item contains several smaller stones, a stated total carat weight may be approximate unless expressly represented as an exact measured weight.

7. Independent Laboratory Reports

An independent laboratory report records the issuing laboratory’s findings and opinion at the time of examination.

Unless Kurbani Durjini expressly states otherwise in writing:

• The report is issued by the named laboratory and not by Kurbani Durjini;

• It is not a financial valuation;

• It does not guarantee future market or resale value;

• It does not guarantee that another laboratory will assign identical grades;

• It applies only to the diamond identified in the report;

• It may apply only to the principal stone in a multi-stone item; and

• It is subject to the issuing laboratory’s own methodologies, terms and limitations.

Customers should compare the report number, measurements, inscription and other identifying information with the item supplied where practicable.

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

However, where information from an independent report has been incorporated into our product description, we will consider any properly supported claim that the item does not materially conform to that description.

A report obtained independently by a customer will be considered as evidence but will not automatically be treated as final or conclusive. We may obtain a further opinion from an appropriately qualified independent laboratory.

8. Treatments and Enhancements

Where Kurbani Durjini knows that a diamond has undergone a material treatment or enhancement requiring disclosure, that information will be included in the relevant product description or accompanying documentation.

Treatments may affect appearance, durability, care requirements, value or resale potential.

Unless the product description expressly states that a diamond is untreated, no separate representation that the diamond has never undergone any treatment should be inferred solely from the absence of the word “treated.”

This provision does not permit Kurbani Durjini to withhold any disclosure required by applicable law.

Customers purchasing a disclosed treated or enhanced diamond acknowledge that:

• They have been informed of the treatment or enhancement;

• The item may require particular care;

• The treatment may affect market or resale value; and

• Subsequent work by a jeweller may affect the treatment or appearance of the stone.

Kurbani Durjini is not responsible for damage caused by a customer or third party failing to follow disclosed care requirements.

9. Laboratory-Grown Diamonds

Laboratory-grown diamonds are created through technological processes rather than mined from the earth.

Where a product contains a laboratory-grown diamond, this will be stated in the product description using wording such as “laboratory-grown,” “laboratory-created” or another clear equivalent.

Customers purchasing a laboratory-grown diamond acknowledge that:

• It is not a natural or mined diamond;

• Its market and resale characteristics may differ from those of a natural diamond;

• Market demand and resale values can change;

• It may be identified as laboratory-grown by appropriate testing; and

• Kurbani Durjini does not guarantee that it will retain or increase its value.

The fact that a laboratory-grown diamond may have the chemical and physical properties of diamond does not mean that it has the same origin, rarity, market value or resale potential as a natural diamond.

10. Origin and Provenance

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

• The specific mine from which a natural diamond originated;

• The geographic country or region of origin;

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

• The complete historical chain of custody;

• The exact production date of a laboratory-grown diamond; or

• A particular ethical, environmental or sustainability characteristic.

A description of a diamond as natural or laboratory-grown identifies the method of creation. It does not, by itself, confirm geographic origin or complete supply-chain provenance.

11. Prices and Future Value

The purchase price is the retail price agreed for the item at the time of sale. It is not a representation of the price the customer may obtain through resale, auction, trade-in, insurance or private sale.

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

• Will retain or increase its value;

• Is suitable as an investment;

• Can be resold for its original purchase price;

• Will achieve a particular auction, wholesale or trade value;

• Will remain in demand;

• Will be accepted by a particular dealer or marketplace; or

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

Retail price, replacement value, insurance value, auction value, wholesale value and second-hand resale value are different measures and may vary substantially.

A customer purchasing for investment, speculation, business resale or commercial use does so at their own commercial risk unless Kurbani Durjini has entered into a separate written agreement stating otherwise.

12. Order Acceptance

An order submitted by a customer constitutes an offer to purchase.

An order is accepted only when Kurbani Durjini issues an express order confirmation or dispatches the item, depending on the wording of the applicable checkout process.

We may decline or cancel an order before acceptance where reasonably necessary, including where:

• The item is unavailable;

• A material pricing or description error has occurred;

• Payment has not been authorised;

• Fraud or unauthorised activity is reasonably suspected;

• Delivery cannot lawfully or reasonably be completed; or

• The transaction would breach a legal or regulatory obligation.

Where payment has already been taken for an order that we do not accept, the amount paid will be refunded using the original payment method, subject to applicable law.

13. Personalised and Bespoke Items

An item is treated as personalised or bespoke only where it has been made, altered, engraved, set, resized or otherwise produced to the customer’s individual specifications and cannot reasonably be resold in its original form.

Examples may include:

• Bespoke jewellery designs;

• Individually selected stones set at the customer’s request;

• Personal engravings;

• Non-standard sizing made specifically for the customer;

• Custom metal or setting combinations; and

• Material alterations requested after the order was placed.

The customer must confirm all specifications before production or alteration begins.

Once work has commenced, changes or cancellations may be refused or may be subject to reasonable costs already incurred, to the extent permitted by applicable law.

Personalised or bespoke items may be excluded from statutory change-of-mind cancellation rights where the applicable legal conditions are met. This does not affect rights relating to faulty, materially misdescribed or incorrectly made goods.

14. Change-of-Mind Returns

14.1 Purchases Made Online, by Telephone or at a Distance

Where a customer is legally entitled to cancel a distance contract, the customer must notify Kurbani Durjini within the applicable cancellation period.

Unless an exception applies, this will generally mean notifying us within 14 days after receiving the item and returning it within 14 days after notifying us.

The item must be returned:

• With all components supplied;

• With any laboratory reports and documentation;

• In appropriate protective packaging;

• Using the return procedure provided by Kurbani Durjini; and

• Without alteration, damage or substitution.

The customer may inspect an item only to the extent reasonably necessary to establish its nature, characteristics and functioning.

Where permitted by law, Kurbani Durjini may reduce a refund to reflect loss in value caused by handling beyond what would reasonably be permitted in a physical shop.

Personalised, bespoke or custom-made items may not qualify for change-of-mind cancellation rights where a legal exception applies.

14.2 Purchases Made in Person

Unless the item is faulty, materially misdescribed or subject to another mandatory legal remedy, Kurbani Durjini is not required to accept an in-store return solely because the customer has changed their mind.

Any discretionary in-store exchange, credit or return arrangement must be confirmed in writing and does not create an ongoing obligation to accept other returns.

15. Faulty or Misdescribed Goods

Nothing in this policy limits a consumer’s mandatory rights where an item is:

• Faulty;

• Not of satisfactory quality;

• Not fit for a purpose expressly agreed with Kurbani Durjini; or

• Materially inconsistent with its product description.

Where a legally valid claim is established, the available remedy will be determined in accordance with applicable law and may include:

• Repair;

• Replacement;

• Price reduction;

• Refund; or

• Another agreed resolution.

The appropriate remedy may depend on the nature of the issue, the time elapsed, the condition of the item and whether repair or replacement is possible and proportionate.

16. Raising an Identification, Treatment or Grading Claim

A customer who reasonably believes that an item has been materially misidentified or misdescribed should contact Kurbani Durjini as soon as reasonably practicable after discovering the issue.

The customer should provide:

• Their full name;

• Their order number or invoice;

• A detailed explanation of the concern;

• Photographs of the item;

• Copies of all documentation supplied with it;

• A copy of any subsequent independent report; and

• Details of any repair, resizing, resetting, polishing, cleaning, testing or alteration carried out after delivery.

Prompt notification allows evidence to be preserved and the matter to be investigated efficiently. It does not shorten any mandatory statutory period for exercising a right or bringing a claim.

17. Return and Examination of a Disputed Item

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

Customers must not send valuable jewellery without first obtaining return instructions.

Where appropriate, the item should be returned using a tracked and adequately insured service in accordance with the instructions provided.

During an investigation, Kurbani Durjini may:

• Review the original sales and supplier records;

• Inspect the item;

• Compare measurements, inscriptions and identifying features;

• Review the original report;

• Conduct or arrange non-destructive testing;

• Contact the relevant supplier or laboratory; and

• Obtain a further independent gemmological opinion.

Kurbani Durjini may refuse to reimburse the cost of a report or appraisal commissioned without prior agreement unless reimbursement is required by law or subsequently agreed in writing.

18. Alteration, Damage and Chain of Custody

A customer should stop using, altering, repairing, resetting or modifying an item after identifying a possible authenticity or grading concern.

Kurbani Durjini’s ability to investigate a claim may be materially affected where:

• The diamond has been removed from its original setting;

• The item has been resized, repaired or reset by another jeweller;

• An identifying inscription has been removed or altered;

• The stone or setting has been damaged;

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

• The chain of custody cannot reasonably be established;

• Destructive testing has been performed; or

• The item returned is not the item originally supplied.

Kurbani Durjini will not be responsible for an issue caused by third-party work, accidental damage, misuse or substitution after delivery.

Where alteration or loss of evidence has prejudiced our investigation, this may affect the customer’s claim only to the extent permitted by law and only to the extent that the alteration or loss is relevant to the issue raised.

19. Customer Responsibilities

Customers are responsible for:

• Reviewing the complete product description before purchase;

• Reviewing any supplied grading report or disclosure;

• Checking whether a stone is natural, laboratory-grown, treated or simulated;

• Asking for clarification where information is unclear;

• Providing accurate sizing, engraving and customisation instructions;

• Following all care and maintenance instructions;

• Arranging suitable insurance after delivery where appropriate;

• Keeping invoices, reports and supporting documentation secure; and

• Taking reasonable care of the item.

A customer’s failure to review available information does not remove a mandatory statutory right, but Kurbani Durjini is not responsible for a characteristic that was clearly and prominently disclosed before the purchase.

20. Matters for Which Kurbani Durjini Is Not Responsible

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

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

• Caused by normal wear and tear;

• Caused by accidental damage, misuse or improper storage;

• Caused by failure to follow care instructions;

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

• Caused by an unauthorised repair, alteration or resizing;

• Resulting solely from market depreciation;

• Resulting solely from a reasonable difference of grading opinion;

• Resulting from inaccurate information supplied by the customer;

• Resulting from loss or damage after risk has lawfully passed to the customer; or

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

Where the customer is purchasing as a consumer, Kurbani Durjini is not responsible for business losses, including lost profit, lost revenue, lost business opportunity or business interruption.

21. Business Customers

This section applies only where the customer purchases wholly or mainly for purposes connected with their trade, business, craft or profession.

To the fullest extent permitted by law:

• All terms implied by law are excluded to the extent they may lawfully be excluded;

• Kurbani Durjini is not liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill or opportunity;

• Kurbani Durjini is not liable for indirect or consequential loss;

• Kurbani Durjini is not responsible for the business customer’s resale representations or promises to its own customers; and

• The business customer must independently verify that the product is suitable for its intended commercial purpose.

Subject to the liabilities that cannot legally be limited, Kurbani Durjini’s total aggregate liability to a business customer arising from an affected item will not exceed the amount paid to Kurbani Durjini for that item.

Nothing in this section excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

22. Consumer Liability Provisions

Where the customer purchases wholly or mainly for personal use, Kurbani Durjini is responsible for losses that are a foreseeable consequence of our breach of contract or failure to exercise reasonable care and skill.

We are not responsible for losses that:

• Were not foreseeable when the contract was made;

• Were caused by the customer or a third party;

• Relate to business or investment activity;

• Result solely from market-value movements; or

• Could reasonably have been avoided by the customer.

Nothing in this policy excludes or limits:

• Mandatory consumer rights;

• Our 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;

• Liability arising from deliberate misconduct; or

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

23. Payment Disputes and Chargebacks

Customers should contact Kurbani Durjini before initiating a payment dispute or chargeback so that we have a reasonable opportunity to investigate and resolve the matter.

Initiating a payment dispute does not remove the customer’s obligation to:

• Preserve the item;

• Return the item where required;

• Provide accurate information;

• Cooperate with a reasonable investigation; and

• Avoid obtaining a duplicate refund or recovery.

Kurbani Durjini reserves the right to provide relevant order, delivery, communication and inspection records to the payment provider in response to a chargeback or payment dispute.

Nothing in this section prevents a customer from exercising a lawful right through their card issuer, payment provider or credit provider.

24. Governing Law and Jurisdiction

This policy and any contract governed by it are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction over disputes arising from the contract.

Where the customer is a consumer residing outside England and Wales, this clause does not remove any mandatory protection or right to bring proceedings in another court that applies under the law of the customer’s place of residence.

Business customers agree that the courts of England and Wales will have exclusive jurisdiction, unless otherwise agreed in writing.

25. Severability

If any provision of this policy is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it lawful and enforceable.

If modification is not possible, the affected provision will be removed. The remaining provisions will continue in effect.

26. No Waiver

A delay or failure by Kurbani Durjini to enforce a provision of this policy does not waive our right to enforce that provision or any other provision later.

Any waiver must be expressly confirmed in writing by an authorised representative of Kurbani Durjini.

27. Changes to This Policy

The policy applicable to a purchase will be the version made available to the customer when the contract was entered into.

Kurbani Durjini may update this policy for future transactions. An update will not retrospectively alter the terms of a completed transaction unless required by law or agreed by both parties.

28. Contact Details

Questions, returns and claims under this policy should be submitted to: info@durjini.com