- Terms & Conditions
Terms & Conditions
Last Updated 12.05.17
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
These Terms and Conditions govern your use of, and any purchase from, www.diamondwish.com (the "Site"), and constitute an agreement between you and Diamondwish.com ("Company"). Company reserves the right to amend these Terms and Conditions or the services within the Site at any time, and in its sole and absolute discretion. Any amendment will be effective immediately upon posting the amended Terms and Conditions on the Site. If you continue to use the Site after any such amendment, you agree to have accepted all amendments. Therefore, you should regularly review these Terms and Conditions and understand them. If you do not agree to the amended terms, you must stop using the Site.
Product Availability, Orders, Delivery and Taxes
If an item of jewelry is on back order, you may send us an email at [email protected] or call us at (855) 368-2837 to determine when the item may become available. Due to the nature of our business, items may go out of stock before we update the Site. In such event, we will try contact you and discuss options.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company has the right at any time after receipt of your order to accept or decline your order for any reason. Company further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Company upon shipment of products that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed with a total order amount over $1000.00 (USD) and all orders (of any amount) which ship to an address other than the billing address must be approved by Company, in its sole and absolute discretion.
Please refer to our Shipping policy page for more inforamtion. Please note that Company is unable to guarantee delivery times for international orders due to custom and other formalities beyond Company's control.
Product Pricing and Descriptions
Information, such as prices, may be inaccurately displayed on our Site due to system or typographical errors. We reserve the right to correct any and all errors, and do not honor inaccurate or erroneous prices (displayed in USD$). If a product's listed price is lower than its actual price, we may either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped or the pricing error is discovered after payment has been finalized, you agree to either return the product or pay the difference between the actual and charged prices. Please note that our prices are shown in USD$ and may change without notice and we do not negotiate prices on our products. We apologize for any inconvenience that this may cause. Please contact us if you have any questions.
Company also takes commercially reasonably efforts to display the products on the Site as accurately as possible. We try to enable you to see the beauty and shapes of our products. Nonetheless, some products may appear larger or smaller than their actual size in our photographs. Company cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. For these reasons, Company does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. In compliance with industry standards and FTC regulations, however, please note that, among other things, the carat total weight for diamonds, gemstones and pearls in purchases may vary 0.05 carats from the stated weight. For diamond jewelry set containing multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
All appraisals, laboratory certificates, grading reports are subjective and may vary as to descriptions and grading qualities depending upon the appraiser, agent, laboratory and method applied.
You expressly agree that if a product offered by Company is not as described, your sole remedy is to return it in unused condition within thirty (30) days of your receipt of the product. You will be responsible for all shipping costs in returning the product to us.
For returns on international transactions, Company shall credit only such amount that it actually received (minus any applicable deductions) in US Dollars at the time of the original sale. Company shall be, in no manner, be responsible for any shortfalls or other fees or charges resulting from any currency exchange rate fluctuations or service fees incurred in connection with any such returns.
Free shipping offers do not apply to international shipments. International orders shipped outside of the US may asses additional charges for tax, customs or duties fees charged by the customer's country of destination. These charges are of the responsibility of the customer/receiver and not of the company/shipper. Once the package arrives in the country of destination the shipping company, such as FedEx or UPS, will act as the broker to contact the customer for collection of payment of any necessary duties, taxes or customs charges as it's related to your shipment. These charges vary by country but are required in order for the custom authorities to process and release the package for final destination delivery. For further information on duties, taxes and estimates of charges assessed, please contact custom authorities or FedEx in the country of destination. Free shipping offers do not apply to international shipping charges. Failure to respond to contacts from the shipper and/or failure to pay applicable duties and taxes may result in a returned/undeliverable package to the company/shipper which asses additional shipping fees. These additional shipping fees are the responsibility of the customer/purchaser and are withheld and deducted from refunds of a canceled/returned order.
When you order certified jewelry items from Company, we ship it to you with the accompanying diamond grading report (also called a diamond certificate) from certifying laboratories, such as GIA and EGL USA. Company simply provides the grading reports to you as part of its service, but is not responsible for contents of such report or your reliance upon such report. You agree that you waive all claims against Company arising out of such grading reports.
These grading reports are detailed documents and expensive to replace. As a result, Company requires that you include the grading report with all returned diamond wish or other products which included a grading report. If you fail to include the original grading report with your return, you will be charged a replacement fee of $150.
Certificate of Authenticity
For some items, we may provide a Certificate of Authenticity. Such Certificates are based on in-house grading by diamond expert in accordance with their abilities. The Certificates are subject to these Terms and Conditions and to the specific terms as stated on the Certificates. To the extent that there is a conflict between these Terms and Conditions and those on the Certificates, the terms and conditions on the Certificates shall govern.
To the extent that you and/or your grading expert, if any, disagrees with or disputes the Certificate of Authenticity, your sole remedy is to return it in unused condition within thirty (30) days of your receipt of the product.
Coupon code does not apply to GIA and EGL USA Certified diamonds.
Offers cannot be combined and are available only on eligible items. Customer must apply the coupon code at checkout to receive a discount. Company reserves the right to change or cancel any promotions at any time and shall not be responsible for any typos or other unintentional mistakes.
Company purchases its diamonds from suppliers that abide by the standards established by the Kimberley Process standard. This international standard tries to ensure that diamonds are obtained from regions that are free of conflict.
Ownership and Intellectual Property rights
The Site and all content and other materials, including, without limitation, the Diamondwish.com logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, audio and video files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive and proprietary property of Company or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under United States and international copyright laws.
Diamondwish.com is either a common law, pending or registered trademarks, trademarks or service marks of Company or its affiliates. The use of any Company trademark or service mark without Company's express written consent is strictly prohibited.
use of the Site
You may make hard-copy print of portions of the Site but only for your informational, non-commercial and personal use. You may not, however, download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This means that, among other things, you may not engage in any activity that, in whole or in part, includes any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or an adaptations of the Site, any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through "My Account" and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under "My Account" or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the "My Account" area of the Site.
If you use or access the Site, you are responsible for maintaining the confidentiality of the information you provide, including your password, and for restricting access to your computer. If you are under 18 or under the age of legal consent in whichever jurisdiction you reside, you may use the Site and/or purchase products from the Site or Company only with involvement of a parent or guardian. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Third Party Content
Company and the Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You agree that you use these links and Content contained therein at your own risk.
Company may, on occasion, provide links to affiliate sites or companies (e.g. for insurance, financing of purchases, etc.). In those instances, you agree that the terms and conditions, privacy policies and other agreements used by those affiliated sites and/or companies apply, and that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such service or product.
Company is not responsible for the content of any advertisements and promotions from third parties on the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. A link to such website does not imply that we endorse or accept any responsibility for the content or use of such other website.
We welcome your comments about our Site and our Product as longs as such comments are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
You agree to provide us with a valid email address. You also agree not to impersonate another person, or otherwise mislead us as to the origin of any or suggestion. We reserve the right to remove any comment or suggestion at our sole and absolute discretion.
For any information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "User Content") that you provide to Company, you agree to grant a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You also agree that Company shall not pay you any compensation or reimbursement of any kind for any use of the User Content.
Company warrants that its products will be free from any manufacturing defects at the time of delivery. If you believe that you have received a defective product, please contact us for mailing instructions. If our inspection indicates a structural defect, then we will repair or replace the item at no charge to you and pay for all shipping costs. If the defect or damage is caused by normal wear-and-tear, then we may repair your jewelry at cost, but you will pay for all shipping costs. We will also provide you with free prong tightening, re-polishing, rhodium plating and cleaning for the life of your fine jewelry, but you will be responsible for all shipping costs.
Lifetime Upgrade policy
For all items, Company provides a Lifetime Upgrade Policy. For eligible items, you may return an item undamaged, unmodified and in the same condition as when you purchased it as well as any grading reports or original certificates; if you cannot provide such documents, you may be charged a $150 replacement fee - please see section on Diamond Certificates. You will receive a 100% credit in the amount that you actually paid Company for such item provided that you apply the credit immediately to another of Company's item that has a price greater than the amount of the credit.
Disclaimer of Warranties and Limitation of Liability
THE SITE, PRODUCTS, SERVICES AND SITE MATERIALS ARE PROVIDED "AS IS." EXCEPT FOR THE LIMITED LIEFTIME WARRANTY AS SET FORTH IN THIS AGREEMENT,, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
This Site is operated by Company from its offices in Los Angeles, California. Company makes no representations that the contents of the Site are appropriate or available for use in other locations. Visitors who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.