These “Terms and Conditions” (TAC) are a binding legal contract between Diamonds.Com (DCOM) and the user of the www.Diamonds.Com website (SITE) as well as anyone who buys or sells products through the SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
DCOM reserves the right to change these TAC. Your continued use of the SITE constitutes your acceptance of the new or modified TAC. If you do not agree to the Terms and Conditions posted on the SITE, you must stop using the SITE.
DCOM reserves the right to cancel any transactions that in its sole opinion may be questionable or in dispute. In the event of a cancelled transaction DCOM will return the product to the seller and provide a refund to the buyer upon return of the undamaged product in original packaging with original documentation including original laboratory grading reports.
The SITE and all content and other materials, including, without limitation, the Diamonds.Com logo, Rapaport Collection Logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “SITE Materials”) are the proprietary property of DCOM or its vendors or its/their licensors and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
All information provided on the SITE, including prices, product descriptions and availability is the property of DCOM and may not be shared with any competitors of DCOM. This includes, but is not limited to, all commercial third parties in the business of selling diamonds, gems, and jewelry products.
Diamonds.Com®, Rapaport Collection™, Rapaport®, the Diamonds.Com and Rapaport Collection logos, and any other registered product name, service mark or slogan contained in our SITE are trademarks of DCOM and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DCOM or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Diamonds.Com” or any other name, trademark or registered product name or service mark of Diamonds.Com without our prior written permission. All other trademarks, registered trademarks, product names and Diamonds.Com names or logos mentioned in our SITE are the property of their respective owners.
Use of the SITE
You are granted a personal, limited, non-transferable license to access and use our SITE and electronically copy, (except where prohibited without a license) and print to hard copy portions of our SITE Materials for your information and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our SITE or the SITE Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any SITE Materials, (d) modifying or otherwise making any derivative use of our SITE and the SITE Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our SITE, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our SITE, the SITE Materials or any information contained therein, except as expressly permitted on our SITE; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our SITE; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our SITE or the SITE Materials other than for its intended purpose. Any use of our SITE or the SITE Materials other than as specifically authorized herein, without the prior written permission of DCOM, 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.
Shipping, Grading, and Other Services
Shipping and other services are available at the expense of the buyer. In some instances and for some products fees for these services may be waived by DCOM. The seller is responsible for all shipping costs to and from DCOM designated Rapaport offices.
Diamond Grading Reports and Certificates
Diamond grading reports and certificates provide useful gemological information that is based on subjective grading methods and standards. The same diamond may be graded by the same laboratory differently upon resubmission. A difference of one color and/or clarity grade is not unusual. Due to their subjective nature diamond grading reports and certificates are an important indication but not a guarantee of quality.
Returns and Exchanges
Unless otherwise specified in writing on the invoice all sales are final with no refunds.
Buyers will have 24 hours from receipt of the product to request a return via email to [email protected]. In the event of a return the product must be shipped back to DCOM within three business days.
In the event of a dispute about the grading of a diamond by a laboratory, the diamond may be submitted to the Gemological Institute of America (GIA) with all original grading information with a request for a re-check of the grading. Should the re-check indicate a difference of more than one color or clarity grade a refund will be provided to the buyer.
DCOM does not provide appraisals but will provide an invoice clearly stating the sale price with reference to the product descriptions and evaluation documents such as grading reports. DCOM does not warrant or guarantee the quality or accuracy of any appraisal, evaluation, valuation, or expert opinion.
DCOM operates in full compliance with the U.S. Patriot Act and Office of Foreign Asset Control (OFAC). All trading clients are required to meet our compliance requirements.
User warrants and represents that they are not named on any U.S. government denial or embargoed list, or denied access to or use of our Website by virtue of their country of residence being a U.S. embargoed country, or in violation of any local or U.S. export laws and/or regulations.
Clients are responsible for all tax payments related to their transactions with DCOM.
DCOM is located in Las Vegas, Nevada, U.S.A. and is required by law to collect sales tax from Nevada residents or for purchases delivered within Nevada. Out of state sales tax, use tax or other tax obligations are the client’s responsibility.
In the event that information is inaccurately displayed due to technical, typographical or other errors, DCOM reserves the right to cancel the transaction and will provide a refund to the buyer and return of the product to the seller.
In order to provide an opportunity to view our products in great detail, some products may appear larger or smaller than their actual size on our SITE. Furthermore color, size and other features may vary based on the computer monitor.
In compliance with U.S. Federal Trade Commission regulations, total carat weight descriptions may vary by 0.05 carats from stated weight.
In some instances the exact weight or quality of gems in a finished piece of jewelry may be unavailable due to the nature of the setting or jewelry. DCOM will provide whatever information is available to us from the seller but does not take responsibility for any weight or quality differences when such gems cannot be independently weighed or examined free of the jewelry that they are set in.
Policy on Ethical Sourcing
DCOM purchases from suppliers who adhere to and enforce proper legal and ethical standards. The source of material in Estate Jewelry is generally not known since they were created many years ago. Often these estate jewelry pieces are grandfathered into existing compliance requirements. All diamonds, gemstones or metals offered for sale are traded subject to full compliance with Kimberley Process, U.S. Patriot Act, and U.S. Office of Foreign Asset Control (OFAC) regulations. In addition all products must be manufactured and sold in compliance with all local laws and regulations.
In the event that DCOM has information about the specific source of products or materials in products, such information may be made available to buyers on the SITE. DCOM provides such information a best efforts basis but does not guarantee it.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, DCOM has adopted a policy of terminating and barring, in appropriate circumstances and at DCOM’s sole discretion, SITE users or account holders who are deemed to be repeat infringers. DCOM may also at its sole discretion limit access to this SITE and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
DCOM may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. DCOM does not monitor or have any control over any Third Party Content or third party sites. DCOM does not endorse any Third Party Content and makes no guarantee as to its accuracy or completeness. DCOM does not warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
DCOM may provide advertisements and promotions from third parties on the SITE. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DCOM, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. DCOM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-DCOM advertisers on our SITE.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this SITE, DCOM, or our products or services that are provided by you to DCOM are non-confidential and shall become the property of DCOM. DCOM will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant DCOM and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own, control or have rights to submit information that you are providing to DCOM; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless DCOM, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of our SITE, including without limitation any actual or threatened suit, demand or claim made against DCOM and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DCOM, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DCOM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. DCOM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DCOM DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL DCOM, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DCOM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DCOM’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this SITE will be governed by and construed in accordance with the laws of the State of Nevada, which shall be the choice of law applicable to agreements made on D.COM, , without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Las Vegas, Nevada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this SITE, any purchase from this SITE, or these Terms and Conditions.
Modification and Notice
You agree that DCOM may modify these Terms and Conditions and any other policies on our SITE at any time and that posting the modified Terms and Conditions or policies on our SITE will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, DCOM reserves the right, without notice and in its sole discretion, to terminate your license to use this SITE, and to block or prevent future your access to and use of the SITE.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our representatives at [email protected] or +1-702-893-9400.