Terms and Conditions of Use

Before using or setting up your account with www.idiamonds.com (herein referred to as “we,” “us,”, “The Company” or “Site”), please read the following Terms and Conditions of Use (“Terms”) carefully. These Terms will constitute a binding agreement between you and the Site, Company, its subsidiaries and affiliates.

Note that any violation of these Terms may result in termination your usage, access and account with the Site.

By using the Site, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree to these Terms and Conditions of Use, in whole or in part, please do not continue to use this Site.
Changes to these Terms and Conditions of Use
  1. We may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please periodically check this page for changes.
Copyright and Restrictions on Use
  1. The materials on the Site as well as its organization and design are the property of the Company and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of the Site and its content for the sole purpose of facilitating your personal, non-commercial use and retention of information from this Site. Except for the purpose of page caching and as otherwise explicitly set forth in these Terms, you may not copy, distribute, republish, modify, display, publicly perform or use the materials in any manner, without our prior written consent. You may not use spiders and other search robots on this Site.
  2. Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of the Company or any other party. All trademarks, trade names, service marks, photos, logos and information displayed throughout the Site are the property of the Company or licensed by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks, photos, logos and information displayed throughout the Site without the prior written consent of the owner of the trademark, trade name, service mark, photos, logos or information.
  3. We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.
  4. Unless otherwise provided within these Terms you may not do any of the following without our prior written consent:
    • 5.1 Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
    • 5.2 Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
    • 5.3 Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
    • 5.4 Reverse engineer any part of this Site;
    • 5.5 Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
    • 5.6 Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
    • Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Users;
    • Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party.
Changes to Site; Unavailability of Site
  1. The company may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where the Company has legal, commercial or technical reasons to do so. The Company may also impose limits on certain features or services or restrict your access to parts or the entire Site for similar reasons.
  2. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.
Legal Use Requirements
  1. You may only use the Site and the service provider through it if you are the minimum legal age in your jurisdiction and it is legal for you to do so according to the laws that apply in your jurisdiction. The company reserves the right to ask for proof of age from you and your account or purchase may be suspended until satisfactory proof of age is provided. You understand and accept that the company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site and services. Any use of the Site is at your sole option, discretion and risk. By using the Site, you acknowledge that you do not find the Site and/or the services to be offensive, objectionable, unfair, or inappropriate in any way.
Your details and accounts
  1. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your purchase / account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your purchase / account and refuse any and all current and future use of the Site. Your information about you is subject to our Privacy Policy.
  2. If an account has been opened you will receive a password and account designation when you have completed the Account Information. The Account name and password (including answers to any security questions) should not be disclosed to any third party. You are solely responsible for the security of your Account name and password (including answers to security questions).
  3. You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by the Company to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid.
  4. In no event the Company will be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. The company shall not be required to maintain Account names or passwords. If you have lost your Account name, username or password, please follow the website instructions for a replacement.
  5. The company reserves the right to cancel and to close immediately, without any warning, your accounts upon any violation of these Terms.
  6. Where there is any dispute concerning the use of the Site or the services, Company reserves the right to suspend your use of the Site until a resolution is reached.
  7. The E-mail addresses provided by you will only be used to provide you with information regarding new updates, promotional material, and miscellaneous operations.
Product Description and Pricing
  1. We have made every effort to display as accurately as possible the descriptions and colors of our products that appear at the Site. However, as the actual descriptions and colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
  2. In compliance with industry standards and regulations, The company states that carat total weight in all purchases may vary 0.05 carats from stated weight.
  3. On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
  4. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
  5. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight of 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.
  6. Nevertheless, data regarding our products, including prices, may be inaccurately displayed on our Site due to system or typographical errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  7. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described or in not compatible with the diamond certificate provided with (if provided), your sole remedy is to return it in unused condition, according to the provision of these Terms.
  8. We reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We also reserve the right to change the terms of any offer or promotion at any time without notice. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
Export
  1. Different nation and country’s laws regulate the export and re-export of products. You agree to abide by these laws and their regulations.
  2. You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method, to national customs / tax authority.
Disclaimers
  1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, THE SUITABILITY FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. MOREOVER, NO INFORMATION OR ADVICE (ORAL OR WRITTEN) PROVIDED TO YOU BY THE SITE SHALL CREATE ANY WARRANTY.
  3. WE DO NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
  4. Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. We have taken reasonable steps so that such problems will not materially affect our business, but do not guarantee that the Site is immune to such problems. It is your responsibility to protect yourself from such problems. Steps you may consider taking to mitigate the vulnerability of your computer system include using firewalls, password protection, and anti-virus programs.
Limitation on Liability
  1. IN NO EVENT SHALL THE COMPANY, ITS 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 SITE, COMPANY, 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 COMPANY'S RECORDS, PROGRAMS OR SERVICES. SUCH LIMITATION SHALL APPLY EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Indemnity
  1. You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account or that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Site; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any purchase or other property-related transaction to which you are party or that is entered into in connection with this Site; or (d) any Content you post, store or otherwise transmit on or through the Site.
Return Procedure
  1. An item may be returned within 30 days of receipt in its original condition and packaging, except in the case of a non-refundable special order. Engraving fees, when applicable, are non-refundable. iDiamonds pays for return shipping.
  2. In order to qualify for a return, you must notify us by email or via the contact form available on the Site within 30 CALENDAR DAYS from the date of delivery of the product. No refunds will be issued after such 30 day period.
  3. Upon receiving such notice, we will send you a form bearing a Return Authorization Code (RAC), accompanied by shipping instructions. We require that this form be signed and returned to us by fax / email within 3 CALENDAR DAYS.
  4. You must then ship Product back to us within 7 CALENDAR DAYS: (i) in its original packaging, (ii) with the original receipt enclosed, (iii) with the diamond certificate (if your item was delivered with such certificate), (iv) as per the shipping and insurance instructions provided on the form. Failure to return a product within such period will be deemed to be an acceptance of the product.
  5. iDiamonds pays for return shipping and insurance. The company shall not be responsible for loss or damage occurred to the item during the return shipments.
  6. After receiving Product, we shall authenticate it and verify its quality, condition and the originality. Any items that show signs of wear or have been altered, resized, or damaged cannot be accepted for return.
  7. Upon successful authentication and verification, we will refund you within 14 business days. Any refund will occur in the same payment method used by you to purchase the Product.
  8. We reserve the right to withdraw this policy at our sole discretion for any Purchaser, at any time and for any reason. If retracted, this will not affect any previous orders shipped when this money back guarantee policy was in effect. Purchasers of orders in process but not shipped will be contacted if this money back guarantee is retracted.
Return Exclusions
  1. A Product cannot be returned in the following cases:
    • Product that has been damaged after delivery to you.
    • Products that were not purchased directly on the Site.
    • Engraved jewelry items.
    • Special order / jewelry made according to your request.
Pending charges
  1. iDiamonds charges credit cards and PayPal accounts either (i) four (4) days after delivery or (ii) twenty (20) days after order is placed, whichever comes first. The charge will appear in the user's account as a pending charge until the aforementioned event, at which time the user's credit card or PayPal account will be charged for the item. Applies only to items $1,500 and under. Applies only to users paying via credit card or PayPal.
Privacy policy
  1. We are committed to protect your privacy.
  2. When you create an account with us, you need to provide any personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.
  3. If you choose to provide us with your personal information on the web, we may transfer that information within ourselves or to our third-party service providers anywhere in this world.
  4. We use this information to:
    • 45.1 Improve and customize the content and layout of the site and other materials.
    • 45.2 Facilitate your purchases and provide the services you request,
    • 45.3 Confirm and track your order,
    • 45.4 Respond to your inquiries and requests,
    • 45.5 Prevent and detect fraud or abuse,
    • 45.6 Identify your product and service preferences,
    • 45.7 Contact you (via email, postal mail, or telephone) regarding products and services (of us or our partners) that we believe may be of interest to you.
    • 45.8 Notify you of updates to the site.
  1. We may share the information in any of the following limited circumstances:
    • 46.1 We have your consent or your request to do so.
    • 46.2 We may, and you authorize us to use and disclose any information, including personal information: (1) we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process, or governmental request; (2) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any personal or as otherwise required by law; (3) to other companies and organizations for credit fraud protection and risk reduction; and (4) to enforce any agreement we have with you.
    • 46.3 We have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of the Company, its Users or the public.
    • 46.4 As part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which personal information would be transferred as one of the business assets of the Company.
    • 46.5 With our third-party service providers which perform certain services on our behalf, including: shipping, payment processing, data storage/management, web hosting, web analytics, fulfillment, assembly, marketing, mailing, emailing, etc. These service providers only receive personal information if such information is needed to perform their function(s).
  1. Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for products, dues or other services via the site will only be used to process the transactions you request.
  2. The site may provide links to other third-party Websites which are outside our control and not covered by this privacy policy. We encourage you to review the privacy policies posted on these (and all) Websites.
  3. While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.
  4. By using the Site, you consent to the terms of this privacy policy and our processing of personal information for the purposes given above as well as those explained where we collect personal information on the Site.
  5. Notwithstanding any of these Terms and Conditions, We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us and/or to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
Severability
  1. The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction  where the provision was held to be invalid or unenforceable.
Miscellaneous
  1. We may assign our rights and responsibilities hereunder without notice to you.
  2. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
  3. Any legal claim arising out of or relating to this Agreement or our products or services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of American Arbitration Association. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, in the State of New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
  4. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to support@idiamonds.com or, when we need to send you notice, to the email address you provide to the Site during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.
  5. We reserve the right to change these Terms from time to time, and post the new version of these Terms.
  6. These Terms constitute the entire agreement between you and us with respect to the Site, and supersede all other communications, written or oral, with regard to the Site or the Service.