The use of the DiamondsByNature.com website (hereinafter "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, making a purchase or any other use constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Diamonds By Nature reserves the right to modify or to change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you visit this Website.
Use Restrictions
You may access and view the information appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the information for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained herein, (b) do not modify or alter the information in any way and (c) do not make such information available to any third party. Diamonds By Nature reserves complete title and full intellectual property rights in any information that you download and/or clipped and pasted from this Website. You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
Proprietary Rights
The Diamonds By Nature logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of any such owner. The entire contents of this Website, including text, images, sound, photographs, video, illustrations, icons, music, graphics, headers, data, information and software are subject to copyright, trademark, or other proprietary rights or licenses held by Diamonds By Nature or an Diamonds By Nature affiliate or by third parties who have licensed their rights to Diamonds By Nature. All such information is copyrighted under the U.S. and international copyright laws and Diamonds By Nature owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such information or this Website. Except as provided above, you may not make copy, modify or create derivative works of the information. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the information in any manner or sell or attempt to sell the information.
Submissions to Diamonds By Nature by You
Any remarks, suggestions, ideas, messages and data submitted by you through this Website (collectively “Messages”) shall be and remain the exclusive property of Diamonds By Nature. Therefore, Diamonds By Nature discourages you from submitting Messages that you do not wish to assign to Diamonds By Nature, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to Diamonds By Nature, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Diamonds By Nature of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Diamonds By Nature is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Modification of Content
Diamonds By Nature attempts to ensure that the content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Diamonds By Nature does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Diamonds By Nature reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Diamonds By Nature reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Diamonds By Nature shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Diamonds By Nature. Please see our Return/Cancellation Policy.
Placing an Order
The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. Upon shipping, you will receive e-mail notification that the item(s) has been shipped.
You may purchase merchandise from this Website by using any one of the payment options listed in the Payment Options below. Diamonds By Nature reserves the right to change its payment procedures at any time without prior notice to you.
Diamonds By Nature charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Diamonds By Nature return policy. Currently, the return policy allows purchasers to return any purchase within (30) consecutive calendar days from the date of purchase for a full refund or exchange. The purchaser will be responsible for all shipping, insurance and handling charges which are nonrefundable. Custom made or special order items are not returnable and any sales for such custom made or special order item is final.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, IS PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. DIAMONDS BY NATURE DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF DIAMONDS BY NATURE, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DIAMONDS BY NATURE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
DIAMONDS BY NATURE DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. DIAMONDS BY NATURE DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
DIAMONDS BY NATURE MAY DISPLAY ADVERTISING PRINTS FOR PRODUCTS SOLD THROUGH THIS WEBSITE. DIAMONDS BY NATURE ATTEMPTS TO DISPLAY THE COLORS OF THE PRODUCTS SHOWN ON THIS WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE CANNOT GUARANTEE THAT THE SIZE AND/OR COLOR YOU SEE MATCHES THE PRODUCT SIZE AND/OR COLOR, AS THE DISPLAY OF SIZE AND/OR COLOR DEPENDS, IN PART, UPON THE TYPE OF COMPUTER MONITOR USED BY YOU. ADDITIONALLY, DIAMONDS BY NATURE SHALL NOT BE RESPONSIBLE FOR DIFFERENCES THAT COULD OCCUR BETWEEN LABORATORIES AND THEIR RELATED GRADING, APPRAISALS, AND CERTIFICATE REPORTS, AS THEY ARE SUBJECTIVE AND MAY VARY FROM ONE LABORATORY TO ANOTHER.
Diamonds By Nature reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
DIAMONDS BY NATURE DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. DIAMONDS BY NATURE DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
DIAMONDS BY NATURE MAY DISPLAY ADVERTISING PRINTS FOR PRODUCTS SOLD THROUGH THIS WEBSITE. DIAMONDS BY NATURE ATTEMPTS TO DISPLAY THE COLORS OF THE PRODUCTS SHOWN ON THIS WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE CANNOT GUARANTEE THAT THE SIZE AND/OR COLOR YOU SEE MATCHES THE PRODUCT SIZE AND/OR COLOR, AS THE DISPLAY OF SIZE AND/OR COLOR DEPENDS, IN PART, UPON THE TYPE OF COMPUTER MONITOR USED BY YOU. ADDITIONALLY, DIAMONDS BY NATURE SHALL NOT BE RESPONSIBLE FOR DIFFERENCES THAT COULD OCCUR BETWEEN LABORATORIES AND THEIR RELATED GRADING, APPRAISALS, AND CERTIFICATE REPORTS, AS THEY ARE SUBJECTIVE AND MAY VARY FROM ONE LABORATORY TO ANOTHER.
Diamonds By Nature reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
Limitation of Liability
IN NO EVENT SHALL DIAMONDS BY NATURE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF DIAMONDS BY NATURE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN DIAMONDS BY NATURE TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASES THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Choice of Law
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the New York, County of New York, without giving effect to any principles or conflicts of laws.
Miscellaneous
The Terms and Conditions constitute the entire agreement between you and Diamonds By Nature with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Diamonds By Nature with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Diamonds By Nature. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Security Policy
When purchasing from DiamondsByNature.com you are doing so in a safe environment with Secure Socket Layer (SSL) that will encrypt all your personal information shielding it from interception and mistreatment.
DiamondsByNature.com takes every precaution to protect our users' information. When users submit sensitive information via our website, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - Secure Socket Layers (SSL). While on a secure page, such as our order form, a lock icon appears on the bottom of your Web browser. When you are not on a secure page, no lock icon will appear.
While we use SSL encryption to protect sensitive information (like your credit card information) online, we also do everything in our power to protect user information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are fully informed about our security and privacy practices and updated as new policies are added or revised. They are regularly notified and/or reminded about the importance we place on privacy, and what they can do to ensure that our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment under restricted access.
