TERMS & CONDITIONS
Questions & Contact Information
If you have any questions about the following policies, please feel free to e-mail them to info@DiamondsByEmma.com or call us toll-free at 1-855-467-4647
For your convenience, Diamonds by Emma accepts a variety of payment methods:
· MasterCard, VISA, American Express, or Discover
· Bank Wire
· PayPal Credit (Financing)
· Affirm (Financing)
· Snap Financing
Shipping and Handling
All packages shipped from Diamonds by Emma are fully insured to your doorstep. For security purposes, signature is required for all deliveries, regardless of any signature waivers that you may have on file with any shipping companies.
Diamonds by Emma does not ship to APO and FPO addresses at this time. We currently ship free of charge to Canada, & the United Kingdom, for other countries please call a representative at 1-888-8888 for pricing All shipments are fully insured during transit. Any duties, taxes, or fees charged by your country or local customs office is the responsibility of the customer at the time the package is received.
Alternate Shipping Address
If your billing address is a P.O. Box or if you would like your delivery to be discreet, you can provide a shipping address other than your billing address. For added security from fraudulent charges to your credit card, please provide the alternate shipping address to your credit card company. A customer care representative will verify that both addresses are on file with your credit card company.
For your convenience, Saturday delivery can be arranged if weekday delivery is not suitable. Though UPS or FedEx provides this service to a vast majority of US cities, delivery in your area is subject to availability.
Diamonds by Emma offers ring sizing of rings excluding eternity bands within the first 30 days from the original shipment for a resizing fee. The customer would be responsible for the shipping costs back & forth. Most rings can be resized within 3 business days.
Diamonds by Emma offers repair services. A fee may apply for any service or repair item that may seem abused or altered in any way. The customer is responsible for the shipping costs back & forth. Please call a representative toll-free at 1-888-8888 for further details.
All deposits and/or payments towards a layaway plan purchase are non-refundable but can be used as a store credit on an item of equal or greater value.
All orders made within the State of California will be subject to sales tax.
Modifications to this Agreement
You agree that Diamonds by Emma reserves the right to change or modify any of the Terms and Conditions or/and any guideline, or policy at any time, and in its sole discretion. You agree that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Product Availability And Pricing
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. 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 listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. The prices and availability of all diamonds and jewelry are subject to change without notice. The prices of any of the products are subject to change, and may change at any time without any notice to any parties. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our team members at 1-888-8888
Information On Our Site
At Diamonds by Emma, we make every attempt to ensure that our online catalog is as accurate and complete as possible. Some items may appear larger or smaller than their actual size; and since every computer monitor is set differently, color and size may vary slightly.
In compliance with industry standards and FTC regulations, Diamonds by Emma states that carat total weight in all purchases may vary 0.05 carats from stated weight.
Policy On Ethical Sourcing
Emma Diamond alternatives are better for the environment because they are not mined. They are created by conflict-free manufacturing processes by trained professionals and in controlled environments.
Refunds and Returns
All refunds and returns are subject to the conditions of our 30-DAY RETURN POLICY.
The Site and all content and other materials, including, without limitation, the Diamonds by Emma logo, and all designs, text, graphics, pictures, structure, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Diamonds by Emma or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Use Of The Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and 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 Diamonds by Emma, 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 Terms and 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.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Diamonds by Emma has adopted a policy of terminating and barring, in appropriate circumstances and at Diamonds by Emma’ sole discretion, site users or account holders who are deemed to be repeat infringers. Diamonds By Emma may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Diamonds by Emma may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Diamonds by Emma does not monitor or have any control over any Third Party Content or third party Sites. Diamonds by Emma does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Diamonds by Emma does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements And Promotions
Diamonds by Emma may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Diamonds by Emma, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Diamonds by Emma is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Diamonds by Emma advertisers on our Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Diamonds by Emma, or our products or services that are provided by you to Diamonds by Emma are non-confidential and shall become the sole property of Diamonds by Emma. Diamonds by Emma will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Diamonds by Emma and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Diamonds by Emma, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Diamonds by Emma and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer Of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DIAMONDS BY EMMA, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIAMONDS BY EMMA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. DIAMONDS BY EMMA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DIAMONDS BY EMMA DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation Of Liability
IN NO EVENT SHALL DIAMONDS BY EMMA, 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 DIAMONDS BY EMMA, 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 DIAMONDS BY EMMA’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law And Venue
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. 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 or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship exists between you and Diamonds by Emma as a result of these Terms or use of the Services.
Notwithstanding any of these Terms and Conditions, Diamonds by Emma reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at firstname.lastname@example.org or at 1-855-467-4647.