Terms and Conditions
These terms and conditions apply to the Bijouterie Diplomate website located at www.bijouteriediplomate.com and its subsidiaries and affiliates, including Bijouterie Diplomate’s sites around the world (collectively the “Site”) and other websites that expressly incorporate these Terms (“Terms”). In some instances, a particular Bijouterie Diplomate product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that these Terms are inconsistent with these Conditions, the Terms shall control. 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 Terms carefully. If you do not wish to be bound by these Conditions, do not visit or use the Bijouterie Diplomate Site.
Modification of Terms
Bijouterie Diplomate may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice. Such revisions and additions shall be deemed effective immediately upon notification, which Bijouterie Diplomate may provide by any means, including, without limitation, by posting the revised Conditions on the Bijouterie Diplomate Site. You are responsible for reviewing the Bijouterie Diplomate Site for any changes to these Conditions that may affect your rights or obligations. Any changes or revisions will be effective immediately upon posting to the Site. Any access or use by you of the Bijouterie Diplomate Site after changes in these Conditions will constitute your acceptance of the revised terms. If you do not agree to the modified terms, you must discontinue using the Site.
Content
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, photographs, selection, coordination, “look and feel,” information, data, sound files and other files and software are the sole property of Bijouterie Diplomate or its affiliates, licensors or users, and are protected by trade dress, copyright, patent, trademark and various other intellectual property rights and unfair competition laws. The copyrights in the materials and material on the Bijouterie Diplomate Site are owned by Bijouterie Diplomate or are licensed to Bijouterie Diplomate. You are authorized to use this material for personal and non-commercial purposes only. You may download, print, and retain copies of this material for your own personal and non-commercial use. Nothing on the Bijouterie Diplomate Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Bijouterie Diplomate Site without the written permission of Bijouterie Diplomate or any third party who may own such marks. Bijouterie Diplomate will vigorously enforce its intellectual property rights to the fullest extent of the law.
Trademarks
Bijouterie Diplomate, Bijouterie Diplomate logos, and any other product or service name or slogan contained in our Site are trademarks of Bijouterie Diplomate and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bijouterie Diplomate or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Bijouterie Diplomate” or any other Bijouterie Diplomate name, trademark, or product or service name without our prior written permission. All other trademarks, registered trademarks, product names and Bijouterie Diplomate logos mentioned on our Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, non-transferable license to access and use the Site, and to electronically copy (except where a license is needed) and print portions of the Site materials for informational, non-commercial and personal purposes only. This license is subject to these Conditions and does not include: (a) resale or commercial use of our Site or the Site materials; (b) collection and use of product listings, photos or descriptions for commercial purposes; (c) distribution, public performance or public display of any Site materials; (d) modification or creation of derivative works from the Site and Site materials; (e) use of automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping or other similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of our Site, Site materials or any information contained therein, except as expressly permitted on our Site; (g) creation of pop-up, pop-under, exit windows, expansion buttons, banners, advertisements or anything else that minimizes, covers, frames or inhibits the full display of our Site; (h) use of our websites in any manner that interferes with the normal operation of our sites; or (i) any use of our Site or Site materials other than as intended. Any use of our Site or Site materials other than as expressly authorized herein, without the prior written permission of Bijouterie Diplomate, 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 as well as applicable communications regulations and statutes. Except as expressly stated in these Conditions, nothing in these Conditions shall be construed as granting any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Information on Our Site
Bijouterie Diplomate is committed to providing current and accurate information on our websites, emails, chats and phone communications. However, we do not guarantee that this information is always correct, accurate or complete. In rare circumstances, data, including pricing, may be inaccurately displayed on our Site due to system or typographical errors. Unintentional errors or incorrect advertised prices are not binding on Bijouterie Diplomate and may be adjusted by Bijouterie Diplomate at any time. Bijouterie Diplomate reserves the right to correct any errors when they occur. If an order is placed with a product price lower than the actual price, Bijouterie Diplomate will, at its discretion, notify the customer before shipping the product or cancel the order and notify the customer of such cancellation. Bijouterie Diplomate apologizes for any inconvenience this may cause.
The information we communicate does not constitute a binding contract and should not be considered as such. The sole remedy of a customer acting on incorrect information is to request cancellation of the order placed due to such 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 price and the billed price. Please consult our Return Policies.
Bijouterie Diplomate maintains a dynamic, high-volume inventory. Stock availability on our website is indicated “as is” and is subject to change. If a product in an order is out of stock, we will immediately inform the customer of the possible options. Products may appear on the Bijouterie Diplomate website larger or smaller than their actual size. Due to variations in computer monitor settings, color and size may vary slightly when viewing product photos. In accordance with industry standards and FTC regulations, total carat weight may vary by 0.05 carat from the 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 of 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 in the piece are at or above the stated quality. If expressed as an average, the collective quality is equal to or greater than the stated grade.
Bijouterie Diplomate retains all unrestricted rights to all jewelry designs, whether custom or standard, and may choose to
Order Approval and Cancellation
Receipt of an order confirmation message from Bijouterie Diplomate only confirms that your order request has been received. Customer orders are only accepted by Bijouterie Diplomate when they have been processed and approved at company headquarters. Bijouterie Diplomate is not obligated to complete a customer order and reserves the right to cancel products or services to any customer for any reason and at any time. The customer's sole remedy in such cases will be a full refund of the funds we have collected in connection with the cancelled products and/or services.
Privacy
Please review our Privacy Policy, which also governs your visit to this site and provides information on how Bijouterie Diplomate collects, uses, and discloses personally identifiable information from its customers. Bijouterie Diplomate reserves the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Bijouterie Diplomate's systems and customers, or to ensure the integrity and proper operation of Bijouterie Diplomate's business and systems. Accordingly, Bijouterie Diplomate may access and disclose any information it deems necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted User Content (as defined below). Bijouterie Diplomate's right to disclose any such information shall take precedence over any provision of Bijouterie Diplomate's Privacy Policy.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Bijouterie Diplomate has the discretion to terminate and prohibit access to certain users of the website or Bijouterie Diplomate account holders who, in appropriate circumstances, are deemed repeat infringers. Bijouterie Diplomate also reserves the right to limit access to this website and/or terminate the account of any user whom Bijouterie Diplomate reasonably suspects of infringing the intellectual property rights of others, whether or not there is repeated infringement.
Advertisements and Promotions
Bijouterie Diplomate may display advertisements and promotions from third parties on our website. These advertisements and promotions are managed under the direction of the third party, and Bijouterie Diplomate is not responsible for any losses, damages, or liabilities incurred by you as a result of your dealings with the third-party provider or arising from the presence of such unaffiliated third parties on our website. Any business transactions, correspondence with, participation in promotions of, advertisers other than Bijouterie Diplomate and any terms, conditions, warranties, or representations associated with such transactions are solely between you and such third party.
Comments and Submissions
You acknowledge and agree that any comments or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Bijouterie Diplomate or Bijouterie Diplomate products or services provided by you to Bijouterie Diplomate in any form are not confidential and, upon submission, will become the exclusive property of Bijouterie Diplomate. Bijouterie Diplomate will own exclusive rights, including all intellectual property rights in such comments and submissions, and will be entitled to use and disseminate such comments and submissions without restriction, for commercial or other purposes, without acknowledgment or compensation to you. You grant Bijouterie Diplomate and its sublicensees the right to use the name you submit in connection with such content, if desired. You represent and warrant that (a) you own and control all rights to the content 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) the use and posting of the content you provide does not violate and will not harm anyone's rights or any person or entity.
User Content on Social Media
From time to time, Bijouterie Diplomate may contact social media users to request their permission to feature our favorite content on our site, social channels, or in promotional materials. Bijouterie Diplomate may request your permission to use your social media User Content, including photos, text, graphics, audio, video, comments, and other materials from social media sites, in connection with Bijouterie Diplomate’s business, product features, marketing, promotions, advertising, and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you grant Bijouterie Diplomate and its agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, as well as their respective retail partners, marketing or public relations agencies, and other affiliates (the “Authorized Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable, and sublicensable right to use your social media User Content in any manner determined at the sole discretion of the Authorized Parties, including but not limited to web pages and social media pages operated by the Authorized Parties, in promotional and advertising emails, and in all other marketing, promotion, and advertising initiatives, and in any media now known or hereafter devised. The Authorized Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, modify, and/or edit your social media User Content in any manner at their sole discretion, without any obligation to you.
You also grant the Authorized Parties the right to use your username, real name, image, likeness, descriptions of you, your location, or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You also agree, represent, and warrant that (i) you are solely responsible for your social media User Content, (ii) you own all rights in your social media User Content and/or have obtained the appropriate rights and permissions from all persons and/or entities who own, manage, or otherwise claim rights to such social media User Content, (iii) you are not a minor, (iv) the use of your social media User Content by the Authorized Parties as described herein will not violate any rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral right, or any other third-party right, or any law, rule, or regulation, and (v) the social media User Content is not defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Please note that the social media User Content you submit is deemed non-confidential, and the Authorized Parties have no obligation to maintain the confidentiality of information contained in any submission, in any form, except in accordance with the respective privacy policies of the Authorized Parties. By using this Site, you consent to the collection of any personal information you provide for use and disclosure by the Authorized Parties in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country where you live or to third parties in other countries so that we can process personal information on behalf of the Authorized Parties. By providing personal information to the Authorized Parties, you agree to the collection, use, disclosure, transfer, and processing of your information in accordance with the terms of these Conditions, Bijouterie Diplomate's Privacy Policy, and applicable data protection laws and regulations.
The Authorized Parties reserve the right to remove any social media User Content from the Site. If you believe that any content, including social media User Content, appearing on the Site infringes the copyright of any person or entity, please contact Bijouterie Diplomate.
**Product Reviews and User-Generated Content**
Bijouterie Diplomate's website and social media accounts may include, or in the future may include, a product review feature, discussion forums, user-generated content, or other interactive areas where you or a third party have the opportunity to create, post, or store content, messages, materials, or other items on our website or social media accounts (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas.
(a) Any message, data, information, text, music, sound, photo, 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;
(b) 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, state, national or international law;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or solicitations;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files;
(h) User Content that, in the sole judgment of Bijouterie Diplomate, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our site, or which may expose Bijouterie Diplomate or its users to any harm or liability of any type.
If you post User Content to our site, email User Content to Bijouterie Diplomate, or otherwise provide Bijouterie Diplomate with permission to use, republish, or otherwise share User Content you have created or shared on social media, you grant Bijouterie Diplomate 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 Bijouterie Diplomate and its sublicensees the right to use the name that you submit in connection with such content, if we 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 the 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 will not violate any rights of or cause injury to any person or entity.
Bijouterie Diplomate 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 Bijouterie Diplomate liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Bijouterie Diplomate’s Interactive Areas is at your own risk. Bijouterie Diplomate 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 Bijouterie Diplomate has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Bijouterie Diplomate 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. 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 the Bijouterie Diplomate site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our site.
**Text Message Marketing Communications**
Opt-In
By signing up for our text messaging program, you are providing your prior express written consent to receive promotional and personalized autodialed text messages (e.g., SMS and MMS) (e.g., cart reminders and product discounts and other promotions) from Bijouterie Diplomate, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. If you do not agree to these text message terms, then do not sign up for text messages. You acknowledge that you are at least eighteen years old and have the consent of the wireless account holder to sign up for text messages and incur any associated charges.
Message and data rates may apply. Please consult your mobile phone carrier’s plan to confirm applicable charges and other costs for sending and receiving text messages. In no event will Bijouterie Diplomate or its affiliates be liable for any plan changes or other fees incurred as a result of your enrollment in our text message program.
Message frequency will vary. While we plan to send between four to eight messages a month, Bijouterie Diplomate reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of messages sent. Bijouterie Diplomate also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or phones may be supported, and our messages may not be deliverable in all areas. Bijouterie Diplomate, its service providers used to deliver the text message program and the mobile carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your network operator. You are responsible for updating your number with us and ensuring your account information is correct. Your carrier may restrict or forbid certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Our text messaging program is only applicable to mobile devices registered in the United States and Canada and to United States and Canadian carriers. Please consult your wireless carrier’s policies and contact them if you have any questions.
Cancellation or Help
You can opt-out of receiving text messages from us at any time by sending the word “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to our shortcode. In response, you will receive an additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include a “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” keyword and agree that Bijouterie Diplomate and its service providers used to deliver the text message program will not be liable for failing to honor such requests.
If you change or deactivate your mobile number, please contact Bijouterie Diplomate so we can update our records and stop sending messages to your old number.
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. Bijouterie Diplomate makes no representations or warranties, either express or implied, of any kind with respect to the site, its contents or the products sold in connection therewith. You expressly agree that your use of the site is at your sole risk and at your own free will, and that you are solely responsible for any consequences arising from such use. Without limiting the foregoing, Bijouterie Diplomate disclaims all warranties, express 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. Bijouterie Diplomate does not represent or warrant that materials on the site are accurate, complete, reliable, current, or error-free. Bijouterie Diplomate does not represent or warrant that the site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
Limitation of Liability
In no event shall Bijouterie Diplomate, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering Bijouterie Diplomate’s products be liable to you or any other party for any indirect, special, punitive, incidental, consequential, or exemplary damages or other damages of any kind whatsoever, 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, services, or content contained in or accessed through the Bijouterie Diplomate site, or resulting from the reliance by any user on any information obtained from Bijouterie Diplomate, including any error or omission regarding the origin of listed diamonds, any errors, omissions, interruption, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance of the Bijouterie Diplomate site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Bijouterie Diplomate’s programs or services, even if Bijouterie Diplomate has been expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Bijouterie Diplomate, its directors, members, employees, affiliates or agents. In no event shall the aggregate liability of Bijouterie Diplomate, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of Bijouterie Diplomate’s site exceed any amount paid by you for accessing the Bijouterie Diplomate site. In no event shall Bijouterie Diplomate’s liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Indemnification
You agree to defend, indemnify and hold harmless Bijouterie Diplomate, its contractors, service providers and consultants, and their respective parent companies, affiliates, and related entities and their respective directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Bijouterie Diplomate site or your inability to use the site, including without limitation any actual or threatened suit, demand or claim made against Bijouterie Diplomate and/or its contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Bijouterie Diplomate vendors, do not constitute sponsorship, endorsement, or approval by Bijouterie Diplomate of the content, policies, or practices of such linked sites or services. Bijouterie Diplomate is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Termination
Notwithstanding any of these Terms, Bijouterie Diplomate reserves the right, without notice and in its sole discretion, to terminate your license to use this site and to block or prevent future access to and use of the site.
Dispute Resolution
You and Bijouterie Diplomate each acknowledge and agree that, for any dispute, claim, or controversy between us, whether related to the Bijouterie Diplomate site, products, services:
- You and Bijouterie Diplomate each waive the right to a trial by jury.
- Any court proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.
- Any declaratory or injunctive relief will be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim(s).
- You and Bijouterie Diplomate expressly waive any right to file a class action or seek relief on a class basis. This means that you and Bijouterie Diplomate may not be a plaintiff or class member in any purported class action or other representative proceeding, and may only bring claims against the other in your individual capacity.
- Notwithstanding the foregoing, you and Bijouterie Diplomate retain the right to participate in a class-wide settlement of claims.
- You and Bijouterie Diplomate further acknowledge and agree that, if this section or any part of it is found to be invalid, illegal or unenforceable, the remaining parts of this section and these Terms shall not be affected or impaired thereby and shall be deemed valid and enforceable, and shall thus be enforced to the fullest extent permissible by law.
Miscellaneous
These Terms contain the entire agreement between you and Bijouterie Diplomate regarding the subject matter hereof and supersede all prior agreements and understandings between us with respect to such subject matter. The failure of Bijouterie Diplomate to enforce any provision of these Terms shall not be construed as a waiver or limitation of Bijouterie Diplomate’s right to subsequently enforce and compel strict compliance with every provision of these Terms. No waiver by Bijouterie Diplomate of any breach of any provision of these Terms shall be construed as a waiver of any other subsequent breach. If any provision of these Terms or any portion thereof is found to be unenforceable, invalid or otherwise determined to be invalid, illegal or unenforceable for any reason, the remaining parts of the applicable provision and these Terms shall not be affected or impaired thereby and shall be deemed valid and enforceable, and shall thus be enforced to the fullest extent permissible by law. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Questions
If you have any questions, feel free to contact us.