By using or accessing diamondseverlasting.com or any subdomain hereof (“the/this web site”) or ordering from the website, you agree to be bound by the terms described below (“Terms”). If you do not agree to all of these terms, including the terms under which these can be amended below, please do not use this website or make any purchase from us. These Terms constitute an agreement between you and Diamonds Everlasting, a registered California corporation, and not with employees, stakeholders or any party associated or depicted on the website. Our delivery policies and “She will love it, or just return it” policy (or any other guidelines and displayed terms on our website) are included separately on the website but constitute part of our Terms.

Pricing
Rings, settings and loose diamonds
Ring Size
Weight
Certification
Informed Buyer
Third Party Links
Legal Notices
Applicable jurisdiction
Amendments

Pricing

As our prices as displayed offer exceptional value, they are not subject to negotiation. Infrequently a risk may exist that information, including prices, may be inaccurately displayed due to system or data capture errors. We reserve the right to correct any and all errors when they do occur and not be bound by bona fide inaccurate or erroneous prices in our discretion. If not yet shipped, you will be contacted in order that you can decide to accept the difference or cancel the order; or if the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. Instances may occur where a specific diamond so ordered is no longer available in inventory, in which case we reserve the right to substitute with the best alternative diamond of similar value or to cancel the sale transaction and refund you accordingly. We do not expect these events to occur in the ordinary course of business. The buyer, by selecting to pay for a ring, accepts that they understand and accept all costs and charges itemized on the invoice before making such payment. On the website we provide an estimate time for delivery, yet this cannot be warranted as third party providers, including Fedex, are relied upon.

Rings, settings and loose diamonds

As we specialize in rings, we do not sell settings. Loose diamonds or loose settings cannot be ordered. The website pictures are not the actual ring or diamond but a sample rendering based on your selection. This rendering is an expression and is not to be relied upon as a warranty or undertaking of color, size or any other aspect whatsoever. We do not alter our rings based on customization requests beyond those options included on our website. Images and pictures of rings are not of the specific actual ring delivered but are based on our sample ringset or electronically rendered and are a close approximation only.

Ring Size

If your Diamonds Everlasting ring does not fit, we do not have a return resize policy as it does not make commercial or timing sense to implement complex return procedures. We suggest you visit your local jeweler with the wearer and resize as appropriate. This is faster yet will incur a small cost by the buyer from the local jeweler.

Weight

In compliance with industry standards, total carat weight in all purchases should not vary more than 0.05 carats from stated weight. Due to the use of example rendering and different computer monitor settings, some products may appear larger or smaller than their actual size, and color and size may vary slightly. For multiple diamond settings, the centre main diamond is as supplied as certified yet the smaller sidestones are of average grade and measurement for color, clarity, and carat weight approximating the centre diamond at the professional discretion of the setter and do not have separate certificates provided, as is industry practice.

Certification

All rings are shipped with a diamond grading report (“certificate”) created by independent experts or laboratories. We cannot warrant the independent diamond certificate. The process of certification is expensive and is key to the integrity of the diamonds we provide. We require each diamond grading report to be included with each returned diamond.

Informed Buyer

By ordering, we assume you have become familiar with the purchasing aspects of diamonds. Our website provides additional insights into furthering your knowledge and you are an informed buyer. We do not allow comparison ordering where you order several items with the intent of keeping the one you like best and returning the remainder. We provide materials on the website to assist the buyer, yet in no way can we be held liable, either directly or indirectly, or in any manner whatsoever on how the buyer actually uses this information or warrant the information so provided, despite the provision of such being made available with bona fides.

Third Party Links

Diamonds Everlasting may provide links to Web pages and content of third parties ("Third Party Content"). Diamonds Everlasting does not endorse any Third Party Content and can make no guarantee, representation or warranty as to its accuracy or completeness. Users use these links and Third Party Content contained therein at their own risk.

Legal Notices

Under no circumstances shall Diamonds Everlasting be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages. Other than by way of return of payment should the product not be available or never be delivered, we cannot be liable for the inability of our suppliers or shippers to provide or deliver the product. Legal notices are to be hand delivered in the first instance, and faxed in the second instance, to the physical address and fax details on the Contact Us page of the website.

Applicable jurisdiction

These Terms and your use of this site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, 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 shall be filed only in the state and federal courts located in San Diego jurisdiction, California 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. We only currently service customers in the United States of America and accept no liability for persons placing orders not within the United States of America. The currency used in the website is the USD (United States Dollar).

Amendments

Diamonds Everlasting reserves the right to change or modify any of these Terms or any policy or guideline of this site at any time, and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on this site. Your continued use of this site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of this site.

Version 1.3 - Last updated 03 June 2009