These terms and conditions apply to the Sparkling Jewelry Web site located at www.Sparkling Jewelry.com and its subsidiaries and affiliates, including Sparkling Jewelry’s sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions (“Conditions”). In some instances, a particular Sparkling Jewelry product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Sparkling Jewelry Site.
Sparkling Jewelry may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Sparkling Jewelry may give by any means, including, without limitation, by posting the revised Conditions on the Sparkling Jewelry Site. You are responsible for reviewing the Sparkling Jewelry Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Sparkling Jewelry Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, “look and feel”, information, data, sound files, and other files and software is the proprietary property of Sparkling Jewelry or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Sparkling Jewelry Site is owned by or licensed to Sparkling Jewelry. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Sparkling Jewelry Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Sparkling Jewelry Site without the written permission of Sparkling Jewelry or any third party that may own such trademarks or service marks. Sparkling Jewelry will aggressively enforce its intellectual property rights to the fullest extent of the law.
Sparkling Jewelry, the Sparkling Jewelry logos, and any other product or service name or slogan contained in our Site are trademarks of Sparkling Jewelry and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sparkling Jewelry or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Sparkling Jewelry” or any other name, trademark or product or service name of Sparkling Jewelry without our prior written permission. All other trademarks, registered trademarks, product names and Sparkling Jewelry names or logos mentioned in our Site are the property of their respective owners.
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these 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 uses 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 Sparkling Jewelry, 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 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.
Sparkling Jewelry is committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Sparkling Jewelry, and may be adjusted by Sparkling Jewelry at any time. Sparkling Jewelry reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Sparkling Jewelry will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Sparkling Jewelry apologizes for any inconvenience that this may cause.
You are solely liable and responsible for keeping and protecting your Sparkling Jewelry account username and password confidential and limiting its access to only yourself. In addition, you are solely liable for activities that take place under your individual account and accessed with your password. You may only use our Site with the direction and guidance of a parent or guardian if you are under the age of 18. Finally, take note that we reserve the right to terminate personal accounts, deny service, or cancel orders at any time in our sole discretion and for any reason.
When you order a loose diamond, Sparkling Jewelry will ship it to you with the accompanying diamond certificate which is a diamond grading report. These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, Sparkling Jewelry requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of two hundred and fifty dollars ($250.00).
Sparkling Jewelry will pass the title for products purchased to the buyer or the buyer’s representative when the products are delivered and received by the buyer or the buyer’s representative.
Sparkling Jewelry reserves the right to cancel products or services to any customer for any reason at any time. The customer’s sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Sparkling Jewelry has the sole discretion to terminate and bar specific website users or Sparkling Jewelry account holders who under appropriate circumstances are determined to be repeat infringers. Sparkling Jewelry further reserves the right to limit access to this website and/or terminate the account of any users whom Sparkling Jewelry reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Sparkling Jewelry may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Sparkling Jewelry is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Sparkling Jewelry and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
We appreciate hearing from our customers and welcome your comments and suggestions regarding Sparkling Jewelry’s Sites and the products offered for sale by Sparkling Jewelry, provided that such comments and suggestions 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 may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that Sparkling Jewelry’s policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Sparkling Jewelry values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Sparkling Jewelry will become the property of Sparkling Jewelry and shall not be subject to any obligation of confidentiality on the part of Sparkling Jewelry. Sparkling Jewelry shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Sparkling Jewelry shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE “PRODUCTS”) ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. SPARKLING JEWELRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, SPARKLING JEWELRY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. SPARKLING JEWELRY, DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL SPARKLING JEWELRY, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SPARKLING JEWELRY PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SPARKLING JEWELRY SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SPARKLING JEWELRY, INCLUDING ANY ERROR OR OMISSION REGARDING LISTED DIAMOND ORIGIN, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SPARKLING JEWELRY SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SPARKLING JEWELRY’S PROGRAMS OR SERVICES, EVEN IF SPARKLING JEWELRY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY SPARKLING JEWELRY, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS. IN NO EVENT SHALL SPARKLING JEWELRY’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
By using the Site, you agree to hold harmless, defend and indemnify, Sparkling Jewelry and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney’s fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.
Links to other Internet sites and services operated by third parties, including Sparkling Jewelry vendors, do not constitute sponsorship, endorsement, or approval by Sparkling Jewelry of the content, policies, or practices of such linked sites or services. Sparkling Jewelry is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Sparkling Jewelry maintains and reserves the right and ability to terminate or cancel your license to use the Site and to prevent or prohibit your future access thereof in its sole and absolute discretion without prior notice to you.
These Conditions contain the entire understanding of you and Sparkling Jewelry with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Sparkling Jewelry with respect to the subject matter hereof. The failure of Sparkling Jewelry at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Sparkling Jewelry to thereafter enforce each and every provision of these Conditions. No waiver by Sparkling Jewelry of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) or JAMS in San Francisco County, California, before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
If you have any questions, please do not hesitate to contact us at +1-888-623-1817