Terms of service
1. Overview
1.1 Who we are
This website and our related services are operated by Pear Diamonds & Co. Ltd., operating as Pear Diamonds & Co. and Winnipeg Engagement Rings. In these Terms, "we", "us", "our", and "Company" mean Pear Diamonds & Co. Ltd. "You" and "Client" mean the person or entity using the website, communicating with us, or purchasing products or services from us.
1.2 Acceptance of these Terms
By accessing our website, communicating with us about a product or service, paying a deposit, approving a CAD or design, approving an order, or purchasing from us, you agree to these Terms and any order-specific documents that apply to your purchase.
1.3 Order-specific documents
Your order may include a quote, order summary, invoice, CAD approval, written approval, change order, certificate information, pickup record, shipping record, or other written confirmation. Together, those documents and these Terms form the order record.
If documents conflict, the more specific and later-approved order document controls over these general Terms for that order. A written change order controls over earlier approvals. General website, social media, or marketing statements do not change an accepted order unless we confirm the change in writing.
1.4 No public walk-in showroom
We operate as a consultation-led, made-to-order jewellery business. We do not operate a public walk-in showroom. Local pickup may be available by appointment only.
1.5 Age of majority
By using our website or purchasing from us, you confirm that you are at least the age of majority in your province, territory, state, or country of residence, or that you are using the website with appropriate consent from a parent or guardian.
2. Website Terms
2.1 Website information
Website content is provided for general information and shopping assistance. Product descriptions, images, prices, timelines, availability, promotions, educational content, and other information may change without notice. We try to keep information accurate, but errors, omissions, delays, and availability changes can occur.
2.2 Website images and display
We make reasonable efforts to display products, colours, shapes, proportions, and details accurately. Screen settings, lighting, photography, magnification, editing, gemstone characteristics, and viewing angle can affect appearance. Website images, social media images, CAD renderings, and previews are not guarantees that a final item will look identical in every environment.
2.3 Website access and misuse
You may not use our website or services for any unlawful, abusive, fraudulent, misleading, infringing, harmful, automated scraping, spam, phishing, security-circumvention, or malicious-code purpose. We may restrict, suspend, or terminate access to the website or services if we believe these Terms have been violated.
2.4 Third-party tools, platforms, and links
Our website, communications, payments, scheduling, shipping, reviews, maps, social media, analytics, or checkout features may use third-party tools or links. Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party websites, policies, content, services, delays, outages, or errors except where required by law.
2.5 Intellectual property
Our website content, brand names, text, designs, images, CAD files, drawings, design concepts, layouts, product descriptions, process materials, and other materials are owned by us or used with permission. You may not copy, reproduce, resell, publish, distribute, exploit, or provide our materials to another jeweller, manufacturer, or service provider without our written permission.
3. Products and Custom Orders
3.1 Products and services covered
These Terms apply to custom engagement rings, wedding bands, jewellery, settings, stones, sourcing, design services, CAD or 3D design services, resizing, repairs, maintenance, appraisals if included, pickup, shipping, and related services we provide.
3.2 Made-to-order nature
Most of our products are made to order. This means the item may be produced, sourced, altered, sized, engraved, set, assembled, or otherwise prepared for you based on your selected specifications and approvals. Because of this custom nature, deposits, cancellations, refunds, returns, exchanges, and changes are limited as described in these Terms and your order documents.
3.3 Availability and substitutions
Diamonds, gemstones, metals, settings, suppliers, manufacturing capacity, finishing capacity, courier services, and documentation are subject to availability. We may revise or withdraw a quote before acceptance if availability, pricing, specifications, supplier terms, or reasonable business circumstances change. We will not intentionally substitute a materially different main stone, metal, or primary design specification without your approval.
3.4 Client-supplied stones and heirloom materials
We may decline to work with client-supplied stones, heirloom stones, settings, or materials. If we accept them, we may require inspection, photographs, measurements, insurance confirmation, and a written intake record before work begins.
Client-supplied stones and heirloom materials may have chips, inclusions, fractures, treatments, wear, instability, prior repairs, sentimental value, or undisclosed conditions. Working with them may involve risk during cleaning, unsetting, resetting, tightening, shipping, measuring, or repair. Except where required by law or caused by our negligence, we are not responsible for pre-existing conditions, sentimental value, undisclosed treatments, inherent weakness, or risks that are disclosed or reasonably inherent in working with supplied materials. You are responsible for insuring client-supplied stones and materials before providing them to us.
4. Quotes, Pricing, Taxes, and Payment
4.1 Preliminary estimates
During discovery, we may provide preliminary price ranges based on inspiration, budget, stone type, setting style, metal, timeline, and assumptions. A preliminary price range is not a final quote.
4.2 Quote validity
Unless a quote says otherwise, a quote is valid for 7 calendar days from the date it is issued. Before acceptance, we may correct, withdraw, or update a quote because of pricing error, supplier change, stone availability, metal or material cost changes, specification changes, taxes, shipping, duties, or other reasonable business reasons.
4.3 Price comparisons and value reviews
If you send us a quote, listing, screenshot, or design from another seller, we may review it and discuss comparable options. Any comparison depends on the exact stone, certification, setting, metal, craftsmanship, warranty, shipping, taxes, service, timeline, and documentation being compared. We do not guarantee a price match, a "same or better" result, or a particular savings unless we confirm it in writing for that order.
4.4 Taxes and extra charges
Prices are in Canadian dollars unless stated otherwise. Applicable GST, PST, HST, duties, customs charges, brokerage fees, shipping charges, insurance charges, destination charges, or other amounts may be added or collected as required. You are responsible for charges that apply to your order or delivery location except to the extent we expressly include them in your invoice.
4.5 Payment methods and cleared funds
Accepted payment methods may include e-Transfer, credit card, Apple Pay, cheque, or other methods we approve. We may refuse or restrict a payment method for fraud prevention, payment-risk control, legal compliance, processing limits, or other reasonable business reasons. Non-cash payments must clear before we are required to begin production, release an item, ship an item, or perform after-sales service.
4.6 Chargebacks, reversed payments, and collection
If a payment is declined, reversed, returned, charged back, or disputed after work has begun, you remain responsible for the unpaid amount and any reasonable collection costs permitted by law. We may pause work, withhold release, cancel uncompleted work, or suspend after-sales service until the issue is resolved.
5. Design Engagement and CAD Process
5.1 Discovery
Discovery is used to understand your inspiration, style preferences, budget, timeline, stone preferences, setting style, metal, fit, ring size, and priorities. We may provide guidance about visible impact, durability, trade-offs, and design options. You remain responsible for final selections and approvals.
5.2 Design deposit
A CAD $250 design deposit is required to begin custom design work unless we state otherwise in writing. The design deposit reserves design time and begins development of the design direction, CAD, or 3D model. It is credited toward production if you proceed with the same order.
Once design work begins, the design deposit is non-refundable. Design work begins when we, a designer, supplier, or manufacturing partner starts CAD planning, design modelling, stone-specific sourcing, consultation preparation, or other order-specific work after accepting the design deposit.
5.3 CAD renderings and visual previews
CAD renderings, 3D models, sketches, mockups, photos, and previews are design tools. They show design direction, structure, proportions, and specifications. They are not perfect photographs of the final item and may not show all finishing, scale, lighting, gemstone appearance, metal tone, polish, prong texture, reflections, or hand-finishing differences.
The final item is assessed against the accepted order documents and reasonable jewellery-making tolerances, not against a pixel-perfect expectation created by a screen preview.
5.4 Included refinement rounds
Unless your order summary states otherwise, up to two refinement rounds are included within the original design direction. Refinements are intended for adjustments to proportion, stone presentation, setting style, balance, wearability, and similar details. A materially different concept, new design direction, or major scope change may require a change order and additional fees.
5.5 CAD approval
Before production begins, you must approve the final design and specifications in writing. Approval may include the stone, setting, metal, ring size, proportions, prong style, engraving, finish, band compatibility, and other confirmed details. CAD approval authorizes us to proceed to production based on the approved design and confirmed specifications.
6. Production, Changes, and Timelines
6.1 Production deposit
Production begins only after we receive the production deposit in cleared funds and required approvals are complete. Unless your order summary states otherwise, the production deposit is 50% of the quoted order total, less any credited design deposit.
Once production begins, the production deposit is non-refundable because the item is being produced, sourced, set, altered, reserved, or otherwise committed for you.
6.2 Changes after approval
Changes after CAD approval or production start are not guaranteed. A requested change must be reviewed by us and approved in writing before it is effective. We may require a written change order, additional payment, a timeline extension, or a revised approval for changes to stone, ring size, metal, setting structure, prong style, engraving, finish, band compatibility, hidden halo, melee, design proportions, or other material specifications.
6.3 Client delays
You are responsible for timely responses, approvals, ring size information, payment, pickup scheduling, shipping details, and other inputs needed to complete the order. Client delays may extend timelines, affect availability, affect quoted pricing, or require a revised quote or change order.
6.4 Timelines are estimates
All timelines are estimates unless we expressly state in writing that a date is guaranteed. Estimated timelines depend on design complexity, approvals, revisions, sourcing, production capacity, quality review, local finishing, shipping, courier performance, weather, customs, payment clearance, and client responsiveness. Proposal, wedding, travel, anniversary, or event deadlines are not guaranteed unless we expressly guarantee the date in writing.
6.5 Quality holds
If we identify a workmanship issue, specification issue, finishing issue, stone issue, documentation issue, shipping issue, or other concern before release, we may place the order on hold while we investigate, correct, remake, adjust, or otherwise address the issue. A quality hold may extend the timeline.
7. Completion, Pickup, Shipping, and Abandoned Orders
7.1 Completion and final balance
When the item is complete, we may provide final photographs, a completion notice, or pickup/shipping instructions. The final balance becomes due at completion unless your order summary states otherwise. Final payment in cleared funds is required before pickup, delivery, shipping, transfer of possession, or release of documentation.
7.2 Pickup by appointment
Local pickup may be available by appointment only. We may require proof of identity, payment confirmation, signature, and pickup confirmation before releasing the item. If you authorize another person to pick up the item, authorization must be in writing and the authorized person may be required to show identification.
7.3 Shipping
Unless otherwise stated in your order summary, shipped orders are sent by UPS or another courier selected by us, with insurance and signature required. You must provide a complete, accurate, and secure delivery address. We may refuse to ship to certain addresses, unattended locations, forwarding services, P.O. boxes, hotels, short-term rentals, or other locations we consider unsuitable for insured jewellery shipping.
7.4 Risk of loss and courier claims
For shipped orders, the item remains insured during shipment under our shipping arrangement until signature confirmation at the approved delivery address or authorized pickup point. Risk of loss transfers to you upon signature confirmation at that location, except where applicable law requires otherwise.
If a shipment appears damaged, missing, tampered with, or misdelivered, you must contact us promptly, preserve all packaging, take photographs if possible, and cooperate with courier claim requirements. Failure to preserve packaging or cooperate may limit available remedies.
7.5 Abandoned, unpaid, or uncollected orders
If an item is complete and you do not pay the final balance, provide shipping information, or arrange pickup within a reasonable time after notice, we may continue to hold the item, charge reasonable storage or insurance costs where permitted by law, pause further services, and take steps permitted by law. We are not required to release any item until the final balance and any approved charges are paid in cleared funds.
If an order remains unpaid or uncollected after repeated written notice, we may treat it as abandoned to the extent permitted by law. Client-supplied stones or heirloom materials will be handled separately and will not be sold or disposed of except as permitted by law or written agreement.
8. Cancellations, Refunds, Returns, and Exchanges
8.1 Custom order finality
Because custom orders are produced, sourced, altered, set, engraved, sized, or otherwise prepared for you, all custom order sales are final once production begins, except as required by law or expressly stated in writing.
We do not offer refunds, returns, or exchanges for change of mind, preference changes, personal circumstances, proposal timing, budget changes, ring size uncertainty, failure to confirm size, or a decision to purchase elsewhere.
8.2 Cancellation before design work begins
If you pay a design deposit and cancel before design work begins, we may refund the design deposit less payment processing fees or other amounts permitted by law, unless your order summary states otherwise.
8.3 Cancellation after design work begins
After design work begins, the design deposit is non-refundable. If you cancel before production begins, you are not required to pay the production deposit unless otherwise agreed, but we may retain the design deposit and any other earned or non-refundable amounts stated in the order documents.
8.4 Cancellation after production begins
After production begins, the production deposit is non-refundable. You may remain responsible for the full order amount if we have committed to materials, stones, labour, setting, production, engraving, sizing, documentation, shipping, or other non-cancellable costs. At our discretion and subject to applicable law, we may offer store credit, alteration options, resale assistance, or another accommodation. No accommodation is guaranteed.
8.5 Defective or non-conforming goods
If an item is materially defective or materially does not conform to the accepted order documents, we will review the issue under Section 10. Depending on the issue and applicable law, we may repair, adjust, replace, remake, provide a credit, or refund. You must not continue wearing, altering, modifying, resizing, repairing, or damaging the item after discovering a suspected issue unless we approve in writing.
8.6 Non-waivable rights
Nothing in these Terms limits cancellation, refund, repair, replacement, or other rights that cannot be excluded under applicable law. If a statutory cancellation or remedy right applies to your particular sale, that right prevails over inconsistent language in these Terms.
9. Diamonds, Gemstones, Metals, Certificates, and Appraisals
9.1 Diamond type disclosure
We may offer lab-grown diamonds and natural diamonds. The diamond type selected for your order will be identified in your order documents, invoice, certificate information, or related documentation where applicable. A lab-grown diamond is not a natural diamond, and a natural diamond is not a lab-grown diamond.
9.2 Certificates and grading reports
Grading reports, certificates, laboratory reports, appraisals, or other stone documentation are provided only where applicable and only as stated in your order documents. Third-party grading reports are issued by third-party laboratories or professionals, not by us. We are not responsible for a third-party laboratory or professional grading opinion except where required by law.
9.3 Stone appearance and tolerances
Diamond and gemstone appearance may vary based on lighting, cut, shape, proportions, fluorescence, viewing angle, inclusions, colour, setting, photography, screen display, and human perception. Stone weights, measurements, colour, clarity, and grading details are subject to ordinary trade tolerances and third-party reporting standards.
9.4 Metals and quality marks
Metal type, karat, colour, finish, and other specifications will be as stated in your accepted order documents. Quality marks, trademarks, maker marks, country marks, or other markings are applied only where applicable and in accordance with applicable precious metals marking requirements.
9.5 Appraisals
Appraisals are provided only if stated in your order summary, invoice, or other written confirmation. Any appraisal is for insurance purposes only. It is not a guarantee of resale value, liquidation value, market value, replacement availability, investment performance, future value, or what another buyer, jeweller, insurer, or appraiser will pay or state.
10. Workmanship Review, Resize, Repairs, and Care
10.1 Pre-release review
Before release, we may review finished items for visible workmanship, specification conformity, documentation, packaging, and delivery readiness. This review is not a substitute for your own inspection at pickup or promptly after delivery.
10.2 Workmanship review period
Unless your order summary states otherwise, we will review alleged workmanship defects reported within 12 months after pickup or delivery. A workmanship defect means a material failure caused by our workmanship that is not caused by normal wear, accidental damage, misuse, impact, chemical exposure, improper care, loss, theft, third-party work, client-supplied material issues, or changes requested or approved by you.
10.3 How to report an issue
Visible issues should be reported within 7 calendar days after pickup or delivery. Suspected latent workmanship issues should be reported promptly after discovery. We may require photographs, video, return inspection, proof of purchase, certificate details, packaging preservation, and a written description before deciding on a remedy.
10.4 Remedies
If we determine that a covered workmanship issue exists, we may, at our discretion and subject to applicable law, repair the item, adjust it locally, return it to a manufacturing partner, replace a component, remake the item, provide a credit, or provide a refund. The appropriate remedy depends on the issue, the item, the materials, the order documents, and applicable law.
10.5 Resize policy
Unless your order summary states otherwise, one eligible resize is available within 12 months after pickup or delivery, subject to design feasibility, inspection, and the exclusions below.
Resize eligibility may be denied or limited for eternity bands, certain pave or hidden-halo designs, heavy damage, extreme size changes, engraving, third-party alterations, worn or damaged settings, client-supplied stones, unusual structures, or designs that cannot be safely resized. Unless stated otherwise, you are responsible for shipping, insurance, duties, courier charges, or travel costs associated with resizing. We may quote additional fees for work beyond the included resize or for restoration required due to wear or damage.
10.6 Repairs, maintenance, and care
Jewellery requires reasonable care, inspection, cleaning, and maintenance. Prongs, claws, pave, hidden halos, melee, bands, rhodium plating, finishes, and stone settings may wear over time and may require maintenance. Normal wear, scratching, bending, impact damage, worn prongs, loosened stones from wear, chemical exposure, loss of stones from impact, and other maintenance issues are not automatically workmanship defects.
10.7 Third-party work
Third-party resizing, repair, polishing, stone tightening, stone replacement, modification, or other work may void or limit any workmanship review, resize eligibility, or after-sales support. Contact us before authorizing third-party work.
10.8 Insurance
You are responsible for obtaining and maintaining appropriate insurance for jewellery after pickup, delivery, or risk transfer. Insurance is especially important for loss, theft, accidental damage, travel, mysterious disappearance, and damage outside workmanship coverage.
11. Communications, Privacy, and Client Content
11.1 Order communications
We may communicate with you by email, text message, phone, direct message, invoice platform, scheduling platform, courier platform, or other reasonable method related to your inquiry, order, payment, approval, pickup, shipping, after-sales service, or client file. You are responsible for keeping your contact information current.
11.2 Client file and records
We may maintain a client file for your order, including intake details, quotes, CAD versions, approvals, invoices, payment records, certificates, shipping records, photographs, communications, and service notes. These records help us produce your order, confirm approvals, provide after-sales support, and respond to disputes or legal requirements.
11.3 Privacy
Your personal information is collected, used, retained, and disclosed only as reasonably needed to provide our website, products, services, payment processing, shipping, fraud prevention, customer support, legal compliance, recordkeeping, and marketing where you have consented or where permitted by law. Additional details may be set out in our Privacy Policy or privacy notice, if published.
11.4 Marketing messages
Transactional messages about your inquiry or order are separate from promotional messages. We may send marketing emails, texts, or other commercial electronic messages only with consent or where permitted by law, and with required identification and unsubscribe options where applicable.
11.5 Reviews, comments, and public content
If you submit a public review, tag us publicly, or provide a testimonial or comment for publication, you confirm that the content is accurate, lawful, and does not violate another person's rights. We may use, display, share, or edit public reviews or testimonials for length and format while preserving their general meaning. We will not publish private proposal details, private communications, or private client imagery for marketing without appropriate permission.
12. Fraud Prevention, Compliance, and Order Refusal
12.1 Right to refuse or cancel
We may refuse service, cancel an order before acceptance, cancel uncompleted work, restrict quantities, refuse a payment method, require additional verification, or decline shipping where reasonably necessary for availability, fraud prevention, payment-risk control, sanctions, legal compliance, courier requirements, insurance requirements, safety, abusive conduct, or other reasonable business reasons.
12.2 Accuracy of information
You agree to provide current, complete, and accurate information for quotes, orders, payment, pickup, shipping, certificates, sizing, and after-sales service. We are not responsible for delays, failed delivery, wrong sizing, incorrect documents, or other issues caused by inaccurate or incomplete information you provide.
12.3 High-value and suspicious transactions
For high-value transactions, unusual payment activity, suspicious activity, courier or insurance requirements, or legal compliance, we may request identification, source/payment information, address confirmation, or other information. We may refuse, pause, or cancel a transaction if information is not provided or if we reasonably determine the transaction cannot proceed.
13. Disclaimers, Liability, and Indemnity
13.1 Service availability
We do not guarantee that the website, messaging channels, payment links, third-party tools, or other online services will be uninterrupted, secure, error-free, or available at all times. We may update, suspend, or discontinue website features or services without notice.
13.2 No excluded legal rights
Some legal rights and implied conditions cannot be excluded or limited. Nothing in these Terms excludes or limits liability, warranties, conditions, remedies, or consumer rights that cannot be excluded or limited under applicable law.
13.3 Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive, sentimental, proposal-related, wedding-related, travel-related, event-related, emotional, lost-opportunity, lost-profit, or similar losses arising from the website, communications, delay, courier issue, product, service, order, or after-sales support. To the maximum extent permitted by law, our total liability for a claim relating to a product or service is limited to the amount you paid for the product or service giving rise to the claim.
13.4 Indemnity for misuse
You agree to indemnify and hold us harmless from claims, losses, damages, costs, or expenses arising from your misuse of the website, unlawful conduct, infringement of third-party rights, false information, unauthorized use of our materials, or breach of these Terms, except to the extent the claim is caused by us or cannot be shifted under applicable law.
13.5 Events beyond our control
We are not responsible for delays or failures caused by events beyond our reasonable control, including supplier delays, courier delays, customs, weather, labour disruption, power or internet outages, payment processor issues, illness, emergency, government action, sanctions, natural disaster, war, civil disruption, or other events outside our reasonable control.
14. General Terms
14.1 Governing law
These Terms and any order are governed by the laws of Manitoba and the laws of Canada that apply in Manitoba, without regard to conflict-of-law rules. Where permitted by law, disputes will be handled in the courts or tribunals located in Manitoba.
14.2 Severability
If any part of these Terms is found invalid, illegal, or unenforceable, the remaining parts continue to apply to the maximum extent permitted by law.
14.3 No waiver
If we do not enforce a right immediately, that does not mean we waive that right. Any waiver must be in writing to be effective.
14.4 Assignment
You may not transfer your rights or obligations under an order without our written consent. We may transfer our rights or obligations to a successor, affiliate, service provider, or purchaser of the business, subject to applicable law.
14.5 Updates to these Terms
We may update these Terms from time to time by posting a new version or providing updated terms. The version in effect when your order is accepted applies to that order unless you and we agree otherwise in writing. Continued use of the website after updated Terms are posted means you accept the updated website terms for future use.
14.6 Contact
Questions about these Terms, an order, pickup, shipping, after-sales service, or privacy should be sent through the contact details listed on our website, quote, invoice, order summary, or client communication thread.
Client Acknowledgement
For order use, the Client may accept these Terms electronically, by signature, by checkbox, by email or text confirmation, by approving a CAD or order summary, or by paying a deposit after receiving these Terms.
End of Customer Terms of Service and Sale.