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Terms & Conditions

Last Updated 11.08.16

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 info@diamondwish.com 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.

All payments must be made by VISA, MasterCard, American Express, Discover Network or other method as accepted by Company in its sole discretion. If Company offers another form of payment for any particular transaction, then you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes and duties, domestic or international) at the rates applicable to you. If Company does not receive payment from your credit card issuer or its agent, then you agree that you are liable to pay all amounts due upon demand by Company or its agents. You are responsible for paying any governmental duties and taxes, domestic or international, imposed on your purchases, including, but not limited to, sales, use or value-added taxes and duties. Company shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities where Company deems that such withholding is required or advisable.

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. 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 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.

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.

International Shipping

In case of International orders, there may be additional charge for Tax and custom duties charged by the customer's country. Company is not responsible for paying any Tax and Duties charged by the customer's country. Once the package arrives in the customer's country, the shipping company which is FedEx in most cases, usually acts as the customer's broker. The broker will contact the customer to make payment for the duties and taxes, in order for the custom authorities to process and release the package. The duties and taxes must be paid by the customer to the broker directly. Customer is responsible for payment of all duties and taxes.
For further information on duties and taxes and to estimate the amount of duties and taxes, please contact Custom authorities in your country or the local FedEx office.

Diamond Certificates

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.

Promotions

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.

Our Suppliers

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.

Privacy Policy

Please review our Privacy Policy for information on how Company collects, uses, and discloses customer information.

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.

Your Account

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.

User Comments

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.

Limited Warranty

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.

LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY SITE MATERIALS OR PRODUCTS REMAINS WITH YOU. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR IN CONNECTION WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO COMPANY BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Indemnity

You agree to defend, indemnify, and hold harmless Company and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your breach of these Terms of Use.

Applicable Law

These Terms of Use shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, in the State of California. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Company may freely assign these Terms of Use without consent or notice. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Company relating to your access to and use of the Site.

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.