TERMS & CONDITIONS


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Terms & Conditions 

These terms and conditions apply to the Eight & Diamond Web site located at www.eightanddiamond.com, and all associated Web sites linked to www.eightanddiamond.com by Eight & Diamond, its subsidiaries and affiliates. Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Eight & Diamond Site, and constitute an agreement between you and Eight & Diamond. Eight & Diamond reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the 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 Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Product 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 honour inaccurate or erroneous prices. If a diamond’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. If you have any questions, please do not hesitate to contact us.

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

Diamond Certificates

When you order a loose diamond, you receive it with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by the GIA (Gemological Institute of America), diamond grading experts - making it very expensive to replace a diamond grading report. Because of this, we require 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 H$ 3,000.

Comparison Purchasing

To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewellery item, please contact us at info@eightanddiamond.com and we would be happy to help you make your choice.

Information on our Site

At Eight & Diamond, we make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, Eight & Diamond states that carat total weight in all purchases may vary 0.05 carats from stated weight.

On the Site, we provide the measurement of our diamonds based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.

For gemstone (including diamond) measurements, a tolerance of 0.25mm is allowed.

When stated, for diamond jewellery set with multiple diamonds, we provide the estimated minimum total carat weight for the piece. Colour 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.

Policy on Ethical Sourcing

At Eight & Diamond, 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 Eight & Diamond's policy on Conflict-Free and the steps we take to ensure our diamonds are from conflict free sources.

Privacy Policy

Please refer to our Privacy Policy for information on how Eight & Diamond collects, uses, and discloses personally identifiable information from its customers.

Site Content

The Site and all content and other materials, including, without limitation, the Eight & Diamond logo, and all designs, text, graphics, pictures, 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 Eight & Diamond 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.

Trademarks

Eight & Diamond, Say it with a Diamond, From Mine to Yours, the Eight & Diamond logos, and any other product or service name or slogan contained in our Site are trademark pending. The pending marks of Eight & Diamond and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eight & Diamond or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilising "Eight & Diamond" or any other name, trademark or product or service name of Eight & Diamond without our prior written permission. All other trademarks, registered trademarks, product names and Eight & Diamond names or logos mentioned in our Site are the property of their respective owners.

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 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 Eight & Diamond, 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.

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Eight & Diamond has adopted a policy of terminating and barring, in appropriate circumstances and at Eight & Diamond's sole discretion, site users or account holders who are deemed to be repeat infringers. Eight & Diamond 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

Eight & Diamond may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Eight & Diamond does not monitor or have any control over any Third Party Content or third party Sites. Eight & Diamond does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Eight & Diamond 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

Eight & Diamond 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 Eight & Diamond, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Eight & Diamond 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-Eight & Diamond advertisers on our Site.

Submissions

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, Eight & Diamond, or our products or services that are provided by you to Eight & Diamond are non-confidential and shall become the sole property of Eight & Diamond. Eight & Diamond 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 Eight & Diamond 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.

Product Reviews and User Content

Our Site includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local or international law;

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited promotions, political campaigning, advertising or solicitations;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identification numbers and credit card numbers;

Viruses, corrupted data or other harmful, disruptive or destructive files; and

User Content that, in the sole judgment of Eight & Diamond, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Eight & Diamond or its users to any harm or liability of any type.

Eight & Diamond takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Eight & Diamond liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Eight & Diamond is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Eight & Diamond has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Eight & Diamond reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, court orders, to protect Eight & Diamond's systems and customers, or to ensure the integrity and operation of Eight & Diamond's business and systems, Eight & Diamond 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. Eight & Diamond's right to disclose any such information shall govern over any terms of Eight & Diamond's Privacy Policy.

If you post User Content to our Site, unless we indicate otherwise, you grant Eight & Diamond and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Eight & Diamond 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 User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Indemnification

You agree to defend, indemnify and hold harmless Eight & Diamond, 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 Eight & Diamond 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 Eight & Diamond, 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. Eight & Diamond 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. Eight & Diamond does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. Eight & Diamond 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 Eight & Diamond, 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 Eight & Diamond, 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 Eight & Diamond's records, programs or services.

Applicable Law and Venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, applicable to agreements made and to be entirely performed within the Hong Kong Special Administrative Region of the People’s Republic of China, 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 and Conditions shall be filed only in courts located in Hong Kong 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 and Conditions.

Modification and Notice

You agree that Eight & Diamond may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Termination

Notwithstanding any of these Terms and Conditions, Eight & Diamond 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.

Severability

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 

If you have any questions, please do not hesitate to contact us.

Privacy Policy 

Eight & Diamond highly respects your right to privacy. Eight & Diamond will not rent, sell, or share your personal information with anyone. The information below is designed to inform you of what information we collect, why we collect such information, and how we use the information we collect. When you submit your personal information to us, you are giving us your consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy. We are always available to discuss your questions or concerns regarding this Privacy Policy and our privacy practices. If you would like to speak to a customer service representative, please contact us.

We may use your contact information to contact you about new products, features or special promotions. If you do not wish to receive such communications, you may choose to unsubscribe to our newsletter emails.

Collection and Use of Information

In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, etc.). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties. 

Use of Your Personal Information

We may use the information we collect about you to:

Facilitate your purchases and provide the services you request,

Confirm and track your order,

Respond to your enquiries and requests,

Compare and review your personal information for errors, omissions and accuracy,

Prevent and detect fraud or abuse,

Improve our Website, service, product offerings, marketing and promotional efforts, and overall customer experience,

Identify your product and service preferences,

Understand our customer demographics, preferences, interests, and behaviour, and

Contact you (via email, postal mail, or telephone) regarding products and services (of Blue Nile or our partners) that we believe may be of interest to you.

 

Other Uses of Your Information

IP Address. When you visit our Website, Eight & Diamond collects your IP address to, among other things, help diagnose problems with its server, administer and tune the operation of its Website, analyse trends, track traffic patterns, gather demographic information for aggregate use, and track the date and duration of each session within our Website. Your IP address may also be used in combination with your personal information to prevent fraud or abuse, customise your shopping experience, improve our website, customer service, products, and promotional efforts, and to understand your preferences, patterns and interests. 

Data Collection Devices, such as Cookies and Web Beacons: In some instances, Eight & Diamond may collect data through cookies, web logs, web beacons (also known as pixel gifs or action tags) and other monitoring technologies to enhance your browsing and shopping experience on our website. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive to collect information about your activities on our website. Web beacons are small strings of code placed on a web page or within an email for the purpose of transferring information. 

We use cookies and web beacons to deliver our ads, improve and measure the usability, track visits from our affiliates and partners, performance and effectiveness of our Website, improve and measure the effectiveness of our marketing programs, learn how customers use our website, estimate our audience size, deliver co-branded services, and to customise your shopping experience. Examples of the type of information that we collect through these collection devices, includes: total visitors to the website, pages viewed, unique visitors, time spent on our Website and on certain web pages, etc. 

We may authorise third parties to use cookies, web beacons and other monitoring technologies to compile information about the use of the Website or interaction with advertisements that appear on the Website. 

You are always free to decline cookies if your browser permits; although, by declining the use of cookies you may not be able to use certain features on the Website.

Links

Our Website may provide links to other third-party Websites that are outside our control and not covered by this privacy policy. We encourage you to review the privacy policies posted on these Websites. 

Security

Eight & Diamond is committed to the protection of the personally identifiable information that you share with us. We utilise a combination of physical and electronic security technologies, procedures, and organizational measures to help protect your personally identifiable information from unauthorized access, use or disclosure. When we transfer sensitive personal information (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure and, accordingly, we cannot guarantee or warrant the security of any information you disclose or transmit to us. 

Accessing and Updating Your Information

If the personally identifiable information Eight & Diamond has gathered from you changes or you would like to access, correct, or delete such information, we will gladly provide you access to, correct, or delete (to the extent allowed by law) any personal information we have collected about you. To request access to, a correction to, or deletion of your personal information, please send an e-mail to info@eightanddiamond.com

Choice/Opt-Out

We want to communicate with you only if you want to continue to hear from us. 

To opt out of receiving email promotions that we send you, follow the unsubscribe instructions in our promotional emails; or to opt out of postal mail promotions, please send us a postal request. 

Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us. It also does not affect our use of your non-personally identifiable information.

Payments

Our website provides firewall and encryption for all data before and after check out. During the ordering process, Alipay and PayPal keeps customers safe by deploying a broad range of physical and electronic security measures, including data encryption, Secure Sockets Level (SSL) verification, and an antifraud team of international specialists. In order to protect customers to the fullest extent, www.eightanddiamond.com does not store your credit card information at any time.

International Shipping

Your privacy is important to us and we care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to inspection, and may be opened by customs authorities.

We provide certain order, shipment, and product information, such as description, to our international carriers, and this information may be communicated by the carriers to customs authorities to facilitate customs clearance and comply with local laws.