Terms and Conditions
Terms and Conditions
These terms and conditions apply to the Pure Diamonds Web site located at www.pure-diamondss.com and its subsidiaries and affiliates, including Pure Diamonds's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Pure Diamonds product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Pure Diamonds.
Change of Terms
Pure 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 Brilliant Earth may give by any means, including, without limitation, by posting the revised Conditions on the Brilliant Earth Site. You are responsible for reviewing the Brilliant Earth 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 Brilliant Earth 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.
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 Brilliant Earth or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Brilliant Earth Site is owned by or licensed to Brilliant Earth. 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 Brilliant Earth Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Brilliant Earth Site without the written permission of Brilliant Earth or any third party that may own such trademarks or service marks. Brilliant Earth will aggressively enforce its intellectual property rights to the fullest extent of the law.
Trademarks
Brilliant Earth, the Brilliant Earth logos, and any other product or service name or slogan contained in our Site are trademarks of Brilliant Earth and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brilliant Earth or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Brilliant Earth" or any other name, trademark or product or service name of Brilliant Earth without our prior written permission. All other trademarks, registered trademarks, product names and Brilliant Earth 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 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 Brilliant Earth, 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.
Information on Our Site
Brilliant Earth 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 Brilliant Earth, and may be adjusted by Brilliant Earth at any time. Brilliant Earth 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, Brilliant Earth will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Brilliant Earth apologizes for any inconvenience that this may cause.
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.
Brilliant Earth 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 Brilliant Earth 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. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set 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.
Brilliant Earth 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.
Brilliant Earth's product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. Additionally, in order to conserve natural resources, and maintain the high quality of our pieces, Brilliant Earth 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. If you have any questions regarding our policy, please contact our Customer Service line at 1-800-691-0952.
Brilliant Earth and any affiliated companies provide natural diamond origin information – whether on this website, in marketing materials, in materials provided to any purchaser, or anywhere else – without any warranty of any kind, either express or implied. All implied representations, warranties and conditions relating to diamond origin are hereby disclaimed where applicable. Natural diamond origin information is provided based upon information provided by the supplier, as well as demonstrated supplier adherence to the Brilliant Earth chain of custody protocol. While reasonable commercial efforts are made to ensure the accuracy of origin information provided, there can be no guarantee or warranty of the diamond origin information. The above limitation of liability extends to any persons who viewed Brilliant Earth natural diamonds listed with origin, any persons who purchased Brilliant Earth natural diamonds listed with origin, and to any other persons who may thereafter acquire Brilliant Earth natural diamonds that had been listed with origin.
All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Brilliant Earth’s knowledge and without guarantee or warranty of any kind.
Your Account and Order
When you access or use the Brilliant Earth website or your personalized Brilliant Earth account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use BrilliantEarth.com only under the guidance and direction of a parent or guardian. Please note that Brilliant Earth reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, Brilliant Earth has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Brilliant Earth's sole and absolute discretion.