The following terms and conditions govern purchases made in store in Canada or online at www.dearestdiamonds.com. In addition to the rights under these terms and conditions, you may have additional rights under applicable consumer protection law. In some instances, a particular DEAREST DIAMONDS product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). By accessing our website and/or purchasing products from us, you agree to be bound by these Terms. Please read these Conditions carefully.

Agreement to Terms

By accessing or using our website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Content

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 Dearest Diamonds or its affiliates, licensors or users and is protected by Canada copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Dearest Diamonds Site is owned by or licensed to Dearest Diamonds. 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 Dearest Diamonds Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Dearest Diamonds Site without the written permission of Dearest Diamonds or any third party that may own such trademarks or service marks. Dearest Diamonds will aggressively enforce its intellectual property rights to the fullest extent of the law.

Trademarks

Dearest Diamonds, the Dearest Diamond logos, and any other product or service name or slogan contained in our Site are trademarks of Dearest Diamonds and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dearest Diamonds or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Dearest Diamonds" or any other name, trademark or product or service name of Dearest Diamonds without our prior written permission. All other trademarks, registered trademarks, product names and Dearest Diamonds names or logos mentioned in our Site are the property of their respective owners.

 

Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

Use of the Site

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 Dearest Diamonds, 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.

Accuracy, Completeness, and Timeliness of Information

Dearest Diamonds 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 Dearest Diamonds, and may be adjusted by Dearest Diamonds at any time. Dearest Diamonds 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, Dearest Diamonds will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Dearest Diamonds apologizes for any inconvenience that this may cause. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.

Dearest Diamonds holds a dynamic and high volume inventory. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products may appear on the Dearest Diamonds website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography.

For diamond jewelry set/rings with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated. In compliance with industry standards and govt regulations, carat total weight may vary 0.05 carats from stated weight.

Dearest Diamonds retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.

Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

All of our prices are final and non-negotiable. Additionally, to conserve natural resources, and maintain the high quality of our pieces, Dearest Diamonds does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased.

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Your Account and Order

When you access or use the Dearest Diamonds website or your personalized Dearest Diamonds account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Order Approval and Cancellation

Receipt of an order confirmation message from Dearest Diamonds only confirms that your order request has been received. Customer orders are not accepted by Dearest Diamonds until the time they have been processed and approved at our store. Dearest Diamonds is not obligated to complete a customer order, and 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.

Privacy

Please review our Privacy Policy, which also governs your visit to this site and for information on how Dearest Diamonds collects, uses and discloses personally identifiable information from its customers. Dearest Diamonds does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Dearest Diamonds systems and customers, or to ensure the integrity and operation of Dearest Diamonds business and systems, and as such, Dearest Diamonds may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Dearest Diamonds right to disclose any such information shall govern over any terms of Dearest Diamonds Privacy Policy.

Advertisements and Promotions

Dearest Diamonds 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 Dearest Diamonds 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 Dearest Diamonds and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Social Media User Content

At times, Dearest Diamonds may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Dearest Diamonds may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments, and other materials from social media sites, in connection with Dearest Diamond's business, product features, marketing, promotional, advertising and other consumer-related activities.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Disclaimer of Warranties

The Site, the content contained therein and the products provided in connection therewith are provided on an 'as is' and 'as available' basis. Dearest Diamond makes no representations or warranties of any kind, whether express or implied, as to the operation of the Site or the information, content, materials or products included on it. You expressly agree that your use of the 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, Dearest Diamond 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. Dearest Diamond does not warrant that the Site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Canada.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. Dearest Diamonds 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 Dearest Diamonds may give by any means, including, without limitation, by posting the revised Conditions on the Dearest Diamonds Site. You are responsible for reviewing the Dearest Diamonds 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 Dearest Diamonds 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.

Miscellaneous

These Conditions contain the entire understanding of you and Dearest Diamonds with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Dearest Diamonds concerning the subject matter hereof. The failure of Dearest Diamonds 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 Dearest Diamonds to thereafter enforce every provision of these Conditions. No waiver by Dearest Diamonds 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 or portion thereof is declared invalid or otherwise determined to be invalid, illegal, or unenforceable for any reason, the remaining portions of the applicable provision and these Conditions will not be affected or impaired and shall be considered valid and enforceable and therefore shall be enforced to the greatest extent allowed by law. 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.

Contact Information

Questions about the Terms of Service should be sent to us at info@dearestdiamonds.com.

Thank you for shopping with Dearest Diamonds!