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Legal - Terms and Conditions of Use
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Terms and Conditions January 2012 - Terms of use.

This website ("Site") is owned by Eco Diamonds, LLC (referred to on this Site as "we", "our" or "us"). Your use of this Site is governed by these terms of use. By accessing and browsing this Site you agree to be bound by these terms of use.

If you wish to purchase any of our goods or use any of our services on this Site, you will be required to agree to the additional terms and conditions of sale for those particulars goods or services.

Changes in Terms and Conditions
Eco Diamonds reserves the right at any time and without prior notice, at its sole discretion, to revise these Terms & Conditions or to impose new terms and conditions with respect to access to or use of this Website. Such revisions and additions shall be deemed effective immediately after the revised or additional terms and conditions are posted on this Website. You are responsible for reviewing this Website periodically for any modification to this agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Eco Diamonds to these Terms & Conditions. Any access or use of this Website by you after the revisions or additions to these Terms & Conditions shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms & Conditions by any party other than Eco Diamonds shall be valid or enforceable against Eco Diamonds unless expressly agreed to by Eco Diamonds in writing signed by a duly authorized officer of Eco Diamonds

Termination
These Terms & Conditions are effective until terminated by Eco Diamonds. Eco Diamonds may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Eco Diamonds shall also have the right without notice and at any time to terminate this Website or any portion thereof, or any products or services offered through this Website, or to terminate any individual's right to access or use this Website or any portion thereof.

General Terms and Conditions

Our Promise
Our products are exquisitely crafted from very high quality materials. We endeavor to provide you with absolutely excellent customer service. If there is anything you would like to discuss with us then please get in touch via our contact page.

Delivery
Delivery times are calculated from the time that payment is received for an order. From that point, our craftsmen will begin setting the stone(s) in your ring and you can expect delivery within the United States to be 7-10 business days, fully insured. Eco Diamonds ships all products through Fedex. Eco Diamonds reserves the right to revise shipping and insurance fees or to refuse shipments to any other destination at any time, without prior notice and at its sole discretion. International orders incur a $35 shipping fee.

All orders are shipped pending receipt of payment from your payment provider. You will receive an email notification from us on the day your order has been shipped with a confirmation of shipment and a Fedex Tracking Number. You can use this number to track your shipment on our Homepage or at www.fedex.com. We will not assume responsibility or liability resulting from shipping errors related to wrong shipping addresses, delays (as a result of custom clearance or otherwise) and agreements reached between you and Fedex to forgo a signature on delivery. In the event your order cannot be shipped you will be contacted immediately by e-mail and informed the reason for the delay.

Eco Diamonds shall deliver your order at the point of delivery to Fedex. Title and risk of accidental loss or damage to your order shall pass to you upon delivery to Fedex. Eco Diamonds will not be responsible for any such loss or damage. Eco Diamonds will nonetheless use our reasonable endeavor to demand limited compensation amount for Fedex for such loss or damage and will deliver such amount to you.

Ring Size
To have a free ring sizer sent to you, please complete the ring sizer request form. Eco Diamonds has provided every possible avenue for education on ring sizing on the website and is cannot be held responsible for mistakes in ring sizes in your order. If a ring you order needs re-sizing we encourage you to visit a local jewelry store to have it re-sized. Within the first 15 days after receiving the product(s), there is no charge for ring resizing (unless the ring is vintage (has custom designs inscribed into the ring)), except shipping charges incurred when sending to us.

Product Details
We try our utmost to ensure that all our gemstones are disclosed with accurate quality, appearance, characteristics and country of origins. Due to the subjective manner in which gemological details are determined, Eco Diamonds will not be held liable for third party gemological reports that differ from our opinion. Determinations of gemological details are frequently regarded as unreliable with different laboratories expressing different opinions - this is often the case with new technology in the man-made gemstone industry.

Moreover, in accordance with industry standards, you agree and acknowledge that Eco Diamond's gemstone and product weight in respect of any of your order may vary between +/- 5% from the stated weight. The price will not be increased or decreased accordingly.

Intellectual Property
All intellectual property on this Site, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this Site.

License
These Terms & Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use this Website conditioned on your continued compliance with these Terms & Conditions. You may use this Website solely for your personal use, and you may download a single copy of the materials from this Website only for personal, non-commercial use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material's owner and us. As a condition of your use of this Website, you warrant to Eco Diamonds that you will not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with these Terms & Conditions, and you agree that this license to use the Website will terminate immediately upon your violation of this warranty. Eco Diamonds reserves the right to terminate your access to this Website and its content at any time, with or without notice, at our discretion.

Right to Use Site and Content
You may access, view, and print the content on this Site provided you only use that content for informational, non-commercial, non-competitor purposes and any reproduction includes a prominent acknowledgement of our rights in the relevant content.

Disclaimer
The information provided on this Site is for a general guidance only and should not be used as a substitute for professional advice.

Photos
This Site contains various photos, 3D models and illustrations of our products. These are often not to scale and may appear both larger and smaller than the actual size. We have done this so you can see the detailed design. The objective of any enhancement is to remove reflections of the camera, reflections of the photo booth, and reflections of photographic lighting, as well as dust and dirt marks from the camera lens and defects or dirt on the camera digital sensor.

All Liability Excluded
To the extent permitted by law:
  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it; and
  • we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it.

    Although we have tried to ensure the content on this Site is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention. In particular, although we have tried to ensure that the prices stated on the Site are correct, we do not guarantee the accuracy of any listed price and will not be bound to sell you any product at an incorrectly listed price.

    Third Party Websites
    This Site may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this Site links to.

    This Website contains links to websites owned and maintained by persons or entities other than Eco Diamonds. Eco Diamonds does not regularly review materials posted, or products or services offered, on the web to which this Website is linked. Eco Diamonds does not necessarily endorse all of the materials, products, and services available on such linked websites, and Eco Diamonds expressly disclaims responsibility for the contents of any linked website, the accuracy of any information contained in a linked website, and the quality of the products and services offered at any linked website. Any decision to view the contents of any linked website is solely yours and is made at your own risk

    Privacy Statement
    The Privacy Statement governs the collection, use and disclosure of your personal information by us. The Privacy Statement forms a part of these terms of use and is available here.

    Jurisdiction and Governing Law
    These Terms & Conditions and any dispute of any sort that might arise between you and Eco Diamonds, its affiliates or related entities shall be governed by and construed in accordance with the laws, without regard to conflicts of law provisions. Additionally, any claims brought against Eco Diamonds shall be governed by and construed in accordance with the laws of the country Eco Diamonds is registered.

    Amendments
    We may amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended terms of use.

    Submissions
    Eco Diamonds welcomes your comments about your experiences shopping with us and your suggestions about how to improve this Website. Any comments, ideas, suggestions, information, or any other content you contribute to Eco Diamonds (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Eco Diamonds or their affiliates or related entities to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.

    Trademarks
    Eco Diamonds and other names, graphics, logos, and icons identifying Eco Diamonds or its products or services are the proprietary marks of Eco Diamonds. These trademarks may not be used in connection with any product or service that is not Eco Diamond's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Eco Diamonds. All other trademarks not owned by Eco Diamonds that appear on this Website are the property of their respective owners.

    Disclaimers

    While Eco Diamonds endeavors to provide the most accurate, up-to-date materials available, the information, materials, products, and services available on this Website may include inaccuracies, typographical errors, or outdated information. Moreover, Eco Diamonds may make modifications or changes to the Website or the information, materials, products, and services described in this Website at any time, for any reason.

    All prices displayed on the Website are quoted in U.S. dollars and are exclusive of all costs of transportation and delivery to you and insurance. Please see [Shipping Information] page for further information. Eco Diamonds reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website. However, any order confirmed by Eco Diamonds prior to the discontinuation or change will be subject to the terms and conditions governing the specifications and prices applicable to such order before such discontinuation or change.

    Eco Diamonds is not responsible for and needs not honor typographical or pricing errors that may arise due to a malfunction of website code or systems on the Website.

    Eco Diamonds makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this Website for any purpose. All information, materials, products, and services are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Eco Diamonds be liable for any indirect, punitive, consequential, incidental, or special damages arising out of or connected with the use of this Website or with the delay or inability to use this Website, for any information, materials, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether such damages are based in contract, tort, strict liability, or otherwise, even if Eco Diamonds has been advised of the possibility of such damages. Some states and jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. Notwithstanding the foregoing, your sole remedy for any liability related to the use of this Website shall be limited to the amount you paid in connection with the subject matter in dispute.

    Order Cancellation
    Eco Diamonds reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which Eco Diamonds believes the customer has violated applicable law, and orders that Eco Diamonds believes are harmful to Eco Diamonds, its affiliates or related entities regardless of whether the order has been confirmed and payment has been received. If your payment has been received for the purchase and your order is canceled, Eco Diamonds shall promptly issue a credit to your relevant payment provider's account in the amount of the incorrect price. Eco Diamonds also reserves the right to limit the number of items purchased or orders placed through this Website. You assume the sole risk of making use or relying on the information, materials, products, and services available on this Website.

    Indemnification
    You agree to indemnify, defend, and hold harmless Eco Diamonds, its affiliates or related entities, and their respective employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of Eco Diamonds or any breach by you of these Terms & Conditions. The foregoing indemnification obligation shall survive termination of these Terms & Conditions and the Website and any product or service provided to you arising out of or relating to your use of the Website

    Miscellaneous
    If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any other provisions of the Terms & Conditions. The headings and captions in these Terms & Conditions are intended for convenience only and shall in no way affect the interpretation of the Terms & Conditions.

    Eco Diamonds shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

    Entire Agreement
    These Terms & Conditions, together with the Specific Terms posted on the Website, constitute the entire agreement between you and Eco Diamonds with respect to your use of material available through the Website, and they supersede all prior or contemporaneous communications and proposals between you and Eco Diamonds with respect to the Website. Any rights not expressly granted in these Terms & Conditions are reserved.

    In the event that any provision contained in these Terms & Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms & Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Eco Diamonds as a result of these Terms & Conditions or your use of the Website. The waiver by Eco Diamonds of one breach or default under these Terms & Conditions shall not constitute the waiver of any subsequent or other breach or default.


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