Refund policy
This policy applies to all purchases of products and services from LOYA B.V. and supplements the General Terms and Conditions. In the event of any conflict between this policy and the General Terms and Conditions, the General Terms and Conditions prevail. Where mandatory consumer law applies, it takes precedence.
Contents
- General
- Cancellation before receipt of the Collection Kit
- No cancellation after receipt of the Collection Kit
- Statutory right of withdrawal
- Non-personalised products
- Production failure
- Warranty
- No warranty
- Repairs
- Inspection upon receipt
- Transport
- Returns procedure
- Refunds and liability
- No additional contractual obligations
- Contact
1. General
LOYA manufactures Memorial Diamonds and jewellery entirely to order. Each Memorial Diamond is produced individually from memorial material supplied by the customer.
Because of the personal and irreversible nature of this production process, different rules apply to cancellation, returns and warranty.
2. Cancellation before receipt of the Collection Kit
A customer may ask LOYA to cancel the order as long as LOYA has not yet received the Collection Kit containing the memorial material.
In the event of cancellation before receipt of the Collection Kit, LOYA may only deduct reasonable costs that have actually been incurred and were disclosed in advance. These may include the cost price of a Collection Kit already sent and the shipping costs actually incurred. LOYA will provide a breakdown of these costs on request.
From the moment LOYA receives the Collection Kit, cancellation is no longer possible. This also applies if the actual carbon extraction or diamond production has not yet started.
3. No cancellation after receipt of the Collection Kit
Once LOYA has received the Collection Kit containing the memorial material, the order can no longer be changed or cancelled. From that moment, the registration, identification, Chain of Custody, inspection, processing and international logistical preparation of the order begin.
The period between receipt of the Collection Kit and the actual start of production is expected to be approximately two weeks. This interim period does not entitle the customer to cancel the order.
This does not affect the consumer's statutory rights in the event of non-conformity.
4. Statutory right of withdrawal
Pursuant to Article 6:230p, under f, sub 1 of the Dutch Civil Code, there is no statutory right of withdrawal for products that are manufactured according to the customer's specifications, are not prefabricated, are made on the basis of an individual choice or decision of the customer, or are clearly intended for a specific person.
These include, among others:
- Memorial Diamonds;
- Personalised jewellery;
- Engraved jewellery;
- Custom-made products.
LOYA's Memorial Diamonds, personalised jewellery, engraved jewellery and other custom-made products are products manufactured according to the customer's specifications, are not prefabricated, are made on the basis of an individual choice or decision of the customer and are clearly intended for a specific person. Therefore, the statutory cooling-off period of fourteen (14) days does not apply to these products. The exclusion of the statutory right of withdrawal applies only to products that are actually manufactured according to individual specifications or are clearly personal in nature. LOYA informs the customer of this before the order is placed.
The Collection Kit forms part of the personalised order and is not sold as a separate standard product. If LOYA sells the Collection Kit separately for payment, the statutory withdrawal rules for non-personalised products apply.
5. Non-personalised products
For non-personalised standard products, a statutory cooling-off period of fourteen days applies from the day after receipt. Within this period, the customer may withdraw without giving any reason by means of an unambiguous statement by email or using the model withdrawal form. The customer then has fourteen days to return the product.
The customer may inspect the product as they would in a shop. LOYA may charge for any diminished value if the product has been used beyond what was necessary for this inspection. The original packaging is preferred but is not an absolute condition for withdrawal.
6. Production failure
Although LOYA works exclusively with specialised laboratories, it may happen that, despite all due care, a Memorial Diamond does not grow successfully.
In that case, depending on the circumstances, after consultation with the customer and taking into account the technically feasible options, LOYA may:
- Request additional memorial material if technically necessary and sufficient material is available;
- Carry out a new growth attempt;
- Offer a suitable alternative solution;
- Offer a full or partial refund if further production is not reasonably possible.
LOYA will, as far as reasonably possible, involve the customer in choosing a suitable solution. The final choice of the technically feasible solution lies with LOYA.
If a Memorial Diamond has to be produced again, LOYA will assess together with the production partner which technically feasible solution is possible. If necessary, LOYA may request additional memorial material from the customer or use additional laboratory carbon.
6.1 Maximum liability in the event of production failure
This arrangement does not affect the consumer's statutory rights in the event of non-conformity or an attributable shortcoming.
7. Warranty
In addition to statutory consumer rights, LOYA provides a manufacturer's warranty of twenty-four (24) months from the date of delivery on manufacturing and material defects that occur during normal use.
In the event of a manufacturing defect, LOYA may, at its discretion:
- Repair;
- Replace;
- Offer an equivalent alternative;
- Refund the purchase price in full or in part.
This manufacturer's warranty does not affect the statutory rights of consumers.
8. No warranty
The warranty does not cover:
- Normal wear and tear;
- Scratches;
- Discolouration due to use;
- Damage caused by dropping or impact;
- Damage caused by chemical products;
- Improper use;
- Improper maintenance;
- Improper storage;
- Repairs carried out by third parties;
- Modifications not carried out by LOYA;
- Damage resulting from normal wear of settings or other components, or loss of a diamond or other gemstone as a result thereof.
A warranty exclusion applies only insofar as the defect or damage was actually caused by the stated circumstance. The statutory conformity rights of consumers continue to apply.
9. Repairs
Where technically possible, LOYA may offer cleaning, polishing, inspection of settings, resizing and other repairs, among other services. Charges may apply. LOYA does not offer a free first resizing. Resizing is carried out only after a technical assessment and after the customer has accepted a separate quotation.
After a repair, the warranty applies only to the work carried out.
Repairs carried out by third parties may affect LOYA's warranty.
10. Inspection upon receipt
Please inspect your order immediately upon receipt.
Visible damage or inaccuracies must be reported to LOYA in writing within ten (10) days. This period applies only to immediately visible damage or deviations and does not affect the statutory rights of consumers.
11. Transport
If a package is received damaged, we advise you to:
- Keep the packaging;
- Take photos;
- Contact LOYA immediately.
LOYA ships Memorial Diamonds and jewellery insured, trackable and, where available, with signature or other confirmation of receipt. The insurance covers only financially quantifiable damage. No objective financial value can be attributed to ashes, hair and other memorial material.
11.1 Loss of or serious damage to memorial material
If memorial material is lost or seriously damaged due to an attributable shortcoming of LOYA or a party engaged by LOYA, LOYA will:
- inform the customer personally as soon as possible;
- refund the purchase price paid for the order concerned;
- reimburse reasonable and demonstrable direct costs;
- assess together with the customer whether an appropriate goodwill payment will also be offered; and
- record the cause and the improvement measures taken.
The emotional value of memorial material cannot be objectively insured or fully expressed in money. This does not limit any liability that may not be excluded under mandatory law.
12. Returns procedure
The customer is requested to register a return in advance via info@loya-bv.com. The absence of prior approval does not invalidate a valid statutory withdrawal. After registration, LOYA will provide the applicable return instructions.
13. Refunds and liability
13.1 Refund upon withdrawal
In the event of a valid withdrawal of a non-personalised product, LOYA will refund all payments received from the customer for the product concerned, including the cost of the cheapest standard delivery offered by LOYA.
The refund will be made no later than fourteen (14) days after LOYA has received the withdrawal notice. LOYA may withhold the refund until it has received the product back or until the customer has shown that the product has been sent back, whichever is earlier.
LOYA will use the same means of payment for the refund as was used for the original payment, unless the customer expressly agrees to another free-of-charge refund method.
13.2 Liability of LOYA
LOYA is liable for damage insofar as:
- there is a shortcoming or unlawful act attributable to LOYA;
- the damage is sufficiently causally connected to that shortcoming or unlawful act; and
- the damage qualifies for compensation under applicable law.
The customer must take reasonable measures to prevent or limit the occurrence or extent of the damage. Damage that could reasonably have been prevented or limited may, in accordance with the statutory rules, remain for the customer's account.
13.3 Emotional significance of memorial material
LOYA recognises that ashes, hair and other memorial material may have great and unique emotional significance.
However, the personal or emotional significance of memorial material does not in itself give rise to an independent amount of damages that can be expressed in money. Any compensation for non-material or other non-financial damage will be determined exclusively in accordance with the applicable statutory conditions.
13.4 Mandatory law
Nothing in this article limits:
- the statutory conformity rights of consumers;
- liability for death or personal injury;
- liability under mandatory product liability law;
- liability for intent or deliberate recklessness on the part of LOYA's management; or
- any other liability that may not be excluded or limited under mandatory law.
14. No additional contractual obligations
This policy supplements LOYA's General Terms and Conditions. In the event of any conflict, the General Terms and Conditions prevail, unless mandatory law or an express written agreement with the customer provides otherwise. This policy does not limit any statutory consumer rights.
15. Contact
LOYA B.V.
Keizersgracht 520
1017 EK Amsterdam
info@loya-bv.com
www.loyadiamonds.com
Returns, Cancellation, Warranty and Service Policy — LOYA B.V. — Version 1.0, effective 1 September 2026.