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TOPDIAMOND.COM

Terms of Service

These Terms of Service define the terms by which you may use the TopDiamond.com website (“Website”), and are an agreement between you and TopDiamond Corporation, a Delaware corporation having a principal place of business at 1521 Concord Pike Ste 301, Wilmington, DE 19803 (the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Service.

We may modify our Terms of Service at any time without notice or in our sole discretion, and any amendments will apply immediately. Your continued use of this Website after any amendments shall signify your acceptance of the amendments. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Service. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Service includes all such policies.

This Agreement applies to all visitors and customers who access the Service.

1. OUR COMPANY

Our Company is an online diamond and jewelry store, specializing in 14k, 18k gold, and platinum jewelry, GIA/EGL/IGI certified diamonds, custom designed jewelry, and pearl jewelry.

2. REGISTRATION

You do not have to register in order to visit our Website. In order to access certain features of this Website or to make a purchase, however, you will need to register and create an account. When you register, you will be asked to provide the following information: your full name, your email address, phone number, company name, billing address, and shipping address. You will also be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.TopDiamond.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.

All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Service, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any other illegal activity, we may report you to the appropriate law enforcement authorities.

3. PRODUCT AVAILABILITY AND PRICING

If you are interested in a piece of jewelry that is currently on back order, you should call us to notify us of the issue, and we will advise you as to when the item will be back in stock. Sometimes given the volume of orders we receive, an item may go out of stock before we are able to post a notification on our Website. If this happens, we will contact you directly to discuss your available options. Data, including prices, may be inaccurately displayed on our Website due to system or typographical errors. While we make every attempt to avoid these errors, they still may occur from time to time. We reserve the right to correct any and all errors when they do occur, and will not be obligated to honor an inaccurate or erroneous price. If an item’s list price is lower than its actual price, we will, in our sole and absolute discretion, either contact you for instructions before shipping the item or, alternatively, cancel the order and notify you of the cancellation. If the order has been shipped before we discover an inaccurate price, then you agree to either return the item at your own expense or, alternatively, to 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 at 1-888-966-9889

4. PURCHASES

All purchases shall be made in U.S. Dollars by Internet or directly by calling our customer service number at 1-888-966-9889 for assistance. We accept VISA, MasterCard, and American Express, as well as PayPal and wire transfer. If you are placing an order to be shipped to an international address, then you are solely responsible for the payment of any taxes assessed by such country on the order.

In the event we agree to accept payment on your order in installments, you will be required to pay a deposit at the time you place the order and to agree to the dates, amounts, and purchase methods for each installment. In such case, all installment payments must be paid in full within four (4) weeks following the date on which the order was placed. In the event you fail to make any payment as agreed to, or request a chargeback of any amount, we reserve the right to cancel your order without notice and to retain any amounts that you previously paid. In addition, we may elect to recover all unpaid or charged back amounts due, along with any damages, costs of collection, and any other expenses. You also agree and acknowledge that we may report all such unpaid or charged back amounts to the credit bureaus for credit reporting.

5. 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 jewelry item, please contact our customer service at 1-888-966-9889, and we will be happy to assist you with making the right purchase.

6. DIAMOND CERTIFICATES

All returned items must be received by TopDiamond within 30 days of receipt of purchase, except for loose diamonds, which must be received within 10 days of receipt of purchased with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly respected diamond laboratories, which makes it very expensive to replace a diamond grading report. Given the expense of replacing a diamond grading report, we require that you return this diamond grading report with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $150.00.

7. DIAMOND UPGRADES

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. If you have questions about our sourcing of diamonds, please do not hesitate to contact our customer service at 1-888-966-9889 for additional information.

8. SHIPPING

(a) Domestic Shipments. We provide shipping on all domestic shipments via Express Mail free of charge and, upon request, via FedEx for a flat fee of Twenty Dollars ($20.00). We do not ship to post office boxes.

(b) International Shipments. We ship via FedEx for international shipments for a flat fee of Thirty-Five Dollars ($35.00).

(c) Different Billing and Shipping Address: If your shipment address differs from your billing address, then you may be asked to complete our shipping request form. You are solely responsible for ensuring that the recipient of the delivery is available to accept delivery of the order at the shipping address. Customer solely assumes all risk of loss, damage, or other liability that occurs in the event that the recipient is not available to accept the order at the time of delivery to the shipping address.

9. RETURNS AND EXCHANGES

(a) Online Return Policy. We may honor a request for an exchange, a replacement or a refund of an online purchase only in our sole and absolute discretion, provided that such request was made within thirty (30) days following the date of shipping. Any refunds will be made in the amount of the price actually paid by the customer after any discounts were applied. Requests may be made by contacting customer service at 1-888-966-9889. When you contact us, we will issue you a Return Authorization Code (“RA Code”). All returned items must be accompanied by a RA Code in order to be accepted. Items will only be exchanged, replaced or refunded if they are unworn and returned to us in their original purchase condition. All returned items must be returned with their original receipt, all their original packaging, certificates, warranty documents, accessories and complimentary gifts, as applicable. When ship returned items, you should ensure that such items are in secure packaging and sent by registered mail. Upon receiving the returned item, if we grant the refund, we will credit your account within five (5) business days using the method of payment used in the original purchase. In the case of a replacement or an exchange, we will exercise commercially reasonable efforts to provide you with the requested item as soon as possible. If you have questions about the date on which you are expected to receive the replacement item, please contact one of our representatives.

(b) Return Shipments. You are solely responsible for the cost of any shipping, handling, and insurance changes on returned items, with the sole exception that we will cover all such charges if the return is due to a production mistake or defect in the purchased item. We strongly recommend that you insure all returned items at their full price. As a precaution against theft, you should not display any information on the outside of the package that would indicate its content. You solely assume all risk of any loss or damage that occurs during the shipping of any returns.

(c) No Refunds on Custom or Engraved Items. No exchange, replacement or refund will be provided for engraved or customized items with the sole exception that we will refund goods that are defective or that contain a production mistake on our part, in which case a replacement shall be provided.

(d) No Returns on “Final Sale” Items. "Final Sale" items cannot be returned, exchanged or replaced.

(e) Restocking Fee. We reserve the right to charge a Fifteen Percent (15%) restocking fee on returned or refunded items, which will be calculated according to the price of your original purchase.

10. ACCEPTABLE USE POLICY

Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:

(a) Impersonation; Misrepresentation: Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;

(b) Providing Unauthorized Access to the Website: Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Website;

(c) Objectionable Communications through the Website: Posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;

(d) Illegal Activity: Using the Website for any illegal of fraudulent purpose;

(e) Disclosing Confidential Information without Permission: Sharing information or initiating communications with information you are under an obligation not to disclose;

(f) Posting Infringing Content: Posting infringing content to the Website;

(g) Tampering with the Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s or platform’ s infrastructure, servers, data, or network or those of any third party;

(h) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or platform other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;

(i) Uploading Viruses: Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website, or of any computer software, hardware, or telecommunications equipment;

(j) Infringing Intellectual Property: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website;

(k) Mining Data: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;

(l) Stalking or Harassment: Stalking, harassing, or threatening any customer or visitor to our Website; 

(m) Harvesting Personal Information: Collecting or storing personal information about any customer or visitor.

We reserve the right (but do not have the obligation) to suspend or cancel the registered account of any user who does not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at sales@topdiamond.com.

11. INTELLECTUAL PROPERTY

We or our licensors shall retain all right, title, and interest in the marks, logos, code, databases, content, text, designs, photos, and other materials posted to our Website (“Intellectual Property”). Except as otherwise expressly stated herein, you may only display and view to the Intellectual Property posted to the Website, and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website or any jewelry designs or photos of such designs posted to our Website, without the express written consent of us or our licensors as appropriate. Using the Intellectual Property on any other Website for any commercial purpose is expressly prohibited.

12. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS

We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;

(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;

(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;

(d) Contact Information. Your address, telephone number, and email address;

(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

13. OPERATION OF OUR WEBSITE

We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;

(b) Description of Error Message. The exact wording of any error messages, if applicable;  

(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that either will at all times be free from viruses. We urge you to use reasonable care in downloading information. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

14. SECURITY

We have implemented commercially reasonable security measures to protect your personal information; however, we cannot provide any guarantees that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that any personal information that you share with us is provided at your own risk.

15. FEEDBACK; IDEA SUBMISSIONS

We are pleased to hear from you and welcome your feedback about the Website or our services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website or our services at our sole discretion without any obligation to you.

In the event that you submit any ideas to us about the Website or our services, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate your ideas into our Intellectual Property.

16. CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY

You agree that neither the Company, the Website, nor any of its affiliates or licensors, and their collective officers, employees, independent contractors, agents, and representatives will be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or the purchase of any jewelry item through this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of $1000 USD for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

17. WARRANTY; DISCLAIMER

Your use of this Website shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information on our Website will be accurate or complete. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service.

We warrant that any jewelry item that you purchase through this Website will be free of defects for thirty (30) days following receipt of your shipment.

TO THE EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THIS SECTION, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

18. RELEASE OF CLAIMS

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company, the Website, our affiliates, and our collective directors, officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to this Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

19. INDEMNIFICATION

By using our Website and/or making a purchase through our Website, you agree to indemnify, defend, and hold harmless Company, Website, our affiliates as well as our collective directors, officers, employees, independent contractors, representatives, agents, other customers, and visitors against any third party claim, demand, loss, damage, cost, expense, suit, judgment, or attorneys fees arising from or in any way related to your use of this Website or your purchase of any jewelry item on this Website.

20. ELIGIBILITY TO USE OUR WEBSITE OR MAKE PURCHASES

Only adults, who are at least eighteen (18) years of age, are eligible to use and make purchases on our Website. In addition, to use the Website, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By using our Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth there in.

21. MISCELLANEOUS

You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.

22. GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the applicable state courts in Santa Clara County, CA or federal courts in Northern CA, and to waive your right to a jury trial. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

23. CONTACT US

In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or to any purchase, please notify us at the contact information listed below:

TopDiamond Corporation
1521 Concord Pike Ste 301
Wilmington, DE 19803

24. EFFECTIVE DATE

These Terms of Service were last modified on the January 1st, 2011.

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