Terms of Service

TERMS OF SERVICE
The following TOS and any other rules posted on our Site (collectively the "TOS") constitute an agreement between DIAMOND IN THE ROUGH LLC ("DIAMOND IN THE ROUGH", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the DIAMOND IN THE ROUGH website, related micro- sites accessed through the URL www.DIAMONDINTHEROUGH.com, related domain names, and any other website or micro-site of DIAMOND IN THE ROUGH (collectively the "Site").

By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about DIAMOND IN THE ROUGH's Privacy Policy before you register to use this Site or any of this Site's services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address service@DIAMONDINTHEROUGH.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify DIAMOND IN THE ROUGH immediately of any breach of security or unauthorized use of your account. Although DIAMOND IN THE ROUGH will not be liable for your losses caused by any unauthorized use of your account, you may be liable for DIAMOND IN THE ROUGH's losses or others due to such unauthorized use.

Please refer to our Privacy Policy for information about how we use your data.

POLICY ON ETHICAL SOURCING
At DIAMOND IN THE ROUGH, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. Read more about DIAMOND IN THE ROUGH’S policy on ethical sourcing and the steps we take to ensure our diamonds are from conflict free sources.

ELIGIBILITY TO PURCHASE
The purchase of merchandise through DIAMOND IN THE ROUGH LLC ("DIAMOND IN THE ROUGH") is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the DIAMOND IN THE ROUGH terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to DIAMOND IN THE ROUGH, and who have authorized DIAMOND IN THE ROUGH to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. DIAMOND IN THE ROUGH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where DIAMOND IN THE ROUGH feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS
All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.

DIAMOND IN THE ROUGH offers products for sale that are both custom as well as in stock and available for dispatch.  In both cases you must pay for the item in full before it can be shipped.  This may be done as part of a payment plan and executed in multiple payments.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

DIAMOND IN THE ROUGH will store a record of your transactions for a minimum of one year.

PRODUCT AVALIBILITY AND PRICING
If you're interested in a piece of jewelry that is currently unavailable, call us and we can tell you when the item will be back in stock. Sometimes an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

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. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA.

Customers purchasing from outside the country will incur relevant import duty and tax. These costs are not included in the final purchase price.  Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

If you have any questions, please do not hesitate to contact one of our Diamond and Jewelry Consultants at service@DIAMONDINTHEROUGH.com.

We do not negotiate prices on our products and all our prices are final.

ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and DIAMOND IN THE ROUGH will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT
Payment can be made by Wire Transfer, Visa, MasterCard, American Express, JCB cards, Diner’s Club, Discover, and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by DIAMOND IN THE ROUGH. All international payments must be made by calling DIAMOND IN THE ROUGH and executing a Wire Transfer.  You confirm that the account or credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

If the issuer of your credit/debit card refuses to authorize payment to DIAMOND IN THE ROUGH, we will not be liable for any delay or non-delivery.  If for some reason we don't have an item that you have ordered in stock, we'll notify you by email immediately.

To help ensure that your shopping experience is safe, simple and secure DIAMOND IN THE ROUGH uses Secure Socket Layer (SSL) technology.

Furthermore, we take care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY
DIAMOND IN THE ROUGH insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by DIAMOND IN THE ROUGH, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 24 hours Monday through Friday, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, DIAMOND IN THE ROUGH are not responsible for any delays caused by destination customs clearance processes.

RETURNS AND EXCHANGES
To help ensure you make the right choice, we offer a flexible return policy. If for any reason you are not satisfied, you can return any item that is not customized in its original condition within 30 days of the date of shipment for a refund or an exchange. Read the details of our 30-Day Returns Policy. (update to DITR link)

COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including DIAMOND IN THE ROUGH Software and all HTML and other code contained in this Site, shall remain at all times vested in DIAMOND IN THE ROUGH and/or are the property of their respective owners. You may not use any metatags or any other "hidden text" utilizing "DIAMOND IN THE ROUGH" or any other name, trademark or product or service name of DIAMOND IN THE ROUGH without our prior written permission. All other trademarks, registered trademarks, product names and DIAMOND IN THE ROUGH names or logos mentioned in our Site are the property of their respective owners.  All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by DIAMOND IN THE ROUGH and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. DIAMOND IN THE ROUGH tries to ensure that the information on this site is accurate and complete. DIAMOND IN THE ROUGH does not warrant or represent that DIAMOND IN THE ROUGH's Content is accurate, error-free or reliable or that your use of DIAMOND IN THE ROUGH's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. DIAMOND IN THE ROUGH does not warrant that the functional aspects of the Web Site or DIAMOND IN THE ROUGH's Content will be error free or that this Web Site, DIAMOND IN THE ROUGH Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or DIAMOND IN THE ROUGH's Content results in the need for servicing or replacing property, material, equipment or data, DIAMOND IN THE ROUGH is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. DIAMOND IN THE ROUGH and its suppliers make no warranties about DIAMOND IN THE ROUGH Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. DIAMOND IN THE ROUGH reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that DIAMOND IN THE ROUGH is not liable to you or any third party for any such withdrawal.

Opinions expressed on DIAMOND IN THE ROUGH TV are the personal opinions of the authors and do not reflect the views of DIAMOND IN THE ROUGH. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to DIAMOND IN THE ROUGH a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but DIAMOND IN THE ROUGH does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail comments@DIAMOND IN THE ROUGH.com . DIAMOND IN THE ROUGH reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of DIAMOND IN THE ROUGH and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than DIAMOND IN THE ROUGH, including advertisers. DIAMOND IN THE ROUGH has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

GENERAL
While DIAMOND IN THE ROUGH will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

INDEMNIFICATION
At our request, you agree fully to defend, indemnify and hold harmless DIAMOND IN THE ROUGH immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.

GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and DIAMOND IN THE ROUGH and govern your use of the Services and completely replace any prior agreements between you and DIAMOND IN THE ROUGH in relation to the Services. Notwithstanding the foregoing, you understand that DIAMOND IN THE ROUGH may make changes to the TOS from time to time. When these changes are made, DIAMOND IN THE ROUGH will make a new copy of the TOS available at http://www.DIAMOND IN THE ROUGH.com. You agree that DIAMOND IN THE ROUGH is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: DIAMOND IN THE ROUGH is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DIAMOND IN THE ROUGH provides may change from time to time without prior notice to you. You further acknowledge and agree that DIAMOND IN THE ROUGH may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DIAMOND IN THE ROUGH's sole discretion, without prior notice to you.

(c) Confidentiality: You understand that DIAMOND IN THE ROUGH grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DIAMOND IN THE ROUGH reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that DIAMOND IN THE ROUGH has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which DIAMOND IN THE ROUGH may suffer) of any such breach.

(e) Rights Not Waived: You agree that if DIAMOND IN THE ROUGH does not exercise or enforce any legal right or remedy which is contained in the TOS (or which DIAMOND IN THE ROUGH has the benefit of under any applicable law), this will not be taken to be a formal waiver of DIAMOND IN THE ROUGH's rights and that those rights or remedies will still be available to DIAMOND IN THE ROUGH.

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

(g) Governing Law: The TOS, and your relationship with DIAMOND IN THE ROUGH under the TOS, shall be governed by the laws of the State of New York. You and DIAMOND IN THE ROUGH agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Violation of TOS: Please report any violations of the TOS by emailing web@DIAMONDINTHEROUGH.com.

(i) Independent Relationship: You and DIAMOND IN THE ROUGH are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and DIAMOND IN THE ROUGH. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.