TERMS & CONDITIONS
PLEASE READ CAREFULLY. YOU ARE ACKNOWLEDGING AND ACCEPTING THE TERMS AND CONDITIONS OF USE SET FORTH BELOW BY USING THIS WEBSITE AND THAT ANY ACCESS OR USE IS UNDERTAKEN AT THE USER’S OWN RISK. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE.
This website is owned and operated by 7Diamonds. All information, including all graphics, photographs, graphics, text, videos, software and all other materials on this website is our property or the property of licensors. You do not, by using this website, acquire any ownership interest or rights to any content on this website.
2. ACCURACY OF INFORMATION
We provide the most accurate information on this website as possible. However, we do not warrant that product descriptions or other content on this website is accurate, complete, reliable, current or error-free. Your sole remedy for the purchase of any product from this website is to return it in its unused condition in accordance with the contract of sale.
Although we have tried to accurately display the colors of products, the actual colors of items displayed may depend on your monitor and may not be accurate. 7Diamonds does not and cannot guarantee that your monitor’s display of color will be accurate. Merchandise availability on our websites is not guaranteed as it may be low in stock. The website may contain typographical errors or inaccuracies and may not be complete or current. Errors will be corrected when discovered. 7Diamonds reserves the right to correct, update or change the information at any time without further notice.
All descriptions, images, content, specifications, products and prices described or depicted are subject to change at any time without notice. Certain measurements, weights, and other descriptions may be approximate and are provided as a convenience only.
3. PURCHASES AND SHIPPING
All products purchased from or via this website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, us. Except as otherwise set forth herein, the risk of loss for and title to merchandise purchased on the website passes to you upon delivery to the carrier. Once we have delivered the merchandise to the carrier. It is your responsibility to file any claim(s) with the carrier for damaged and/or lost shipments.
4. PRICING ISSUES
Check the offer disclaimers carefully. Sometimes only specific colors or sizes are offered at reduced prices. Please note that there are certain items where discounts do not apply.
5. CONTRACT INFORMATION
No contract will exist between you and us for the sale of any product or service unless and until we accept your purchase by email confirming your purchase, issue you a confirmation code and ship any applicable products to you. No action by 7Diamonds prior to shipment will constitute acceptance.
6. SALES TAX
You will be charged sales tax as required by law. Any purchases by customers in California will include sales tax prevailing rate for that county and/or city.
We are ready and willing to assist you and address any concerns or problems you may have with a product. If we are unable to resolve your issues, problems or concerns, by using this website, you are unconditionally agreeing that any and all claims relating to your access or use of our websites, including all disputes arising out of, or related to, any products or services purchased from 7Diamonds through our websites will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
In an arbitration, there is no judge or jury, no class actions, and a court’s ability to review of an arbitration award is limited. An arbitrator can award the same damages, on an individual basis, as you could obtain in court, including injunctive and declaratory relief or statutory damages.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent. You agree that the arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact JAMS to find out more information on how to begin an arbitration proceeding.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
IN USING THIS WEBSITE, YOU ARE AGREEING THAT YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM OR ACTION. YOU ARE ALSO AGREEING THAT YOUR RIGHT TO ENGAGE IN DISCOVERY MAY BE LIMITED AS PROVIDED BY THE JAMS RULES AND THAT THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF MAY BE LIMITED. OTHER RIGHTS THAT YOU OR 7DIAMONDS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
By using this website, you acknowledge that the website contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this website. Except as permitted by law, you may not upload, post, reproduce, or distribute in any way the information, data, photographs, graphics or other content protected by copyright or other proprietary right, without obtaining permission of the owner.
8. ELECTRONIC COMMUNICATIONS AND NOTICE
By using this website, you are consenting to receive communications from us electronically, either by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this website, about any of our products or services, or for such other purposes as we deem appropriate.
9. PERSONAL INFORMATION
10. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your comments, feedback, photos, videos and other information you submit on the website as long as the content complies with these terms and conditions. All comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions to 7Diamonds shall be and remain the property of 7Diamonds. By submitting any such materials, comments, photographs, etc., you are assigning all worldwide rights, titles and interests in all copyrights and other intellectual properties to those submissions and 7Diamonds will exclusively own all rights, titles and interests in the submissions and will be able to use it, without restriction.
By submitting any comments, posts, hashtags, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions, you are waiving any claim of confidentiality, any right of payment or compensation, and any right of credit or ownership.
You welcome to post to out blog and to hashtag or tag our items in your photographs subject to the provisions of these terms and conditions. In doing so, you are providing us with permission and authorizing us to repost those photographs and use them, without charge, and without restriction and are waiving any claim of confidentiality, any right of payment and any right of credit or ownership.
7Diamonds does not want to receive any proprietary, confidential or trade secret information. Any information you provide to 7Diamonds will be deemed to be non-confidential. You agree and warrant that all comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions by you to the website will not violate any rights of any third party, including copyright, trademark, privacy, proprietary, trade secret or other personal or proprietary right(s). You further agree and warrant that any and all comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions by you will not be and will not contain libelous or otherwise unlawful, abusive, obscene, discriminatory, harassing, retaliatory or otherwise objectionable material and that you are and shall remain solely responsible for any and all submissions to the website. You agree that 7Diamonds may use and/or disclose information about your demographics and use of the website in any manner that does not reveal your identity. By participating in website sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that 7Diamonds may use your information for marketing and promotional purposes, including your photograph.
11. INTERNATIONAL ACCESS
This website may be accessed from countries other than the United States. This website may contain products or references to products that are not available outside of the United States and there is no implied or express promise or representation that such products will be made available outside the United States. If you access and use this website outside the United States you are responsible for complying with your local laws and regulations. By using the website you consent to all the use, collection, transfer and processing of your personally identifiable information in the United States.
12. LINKS TO WEBSITE
Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website on another website without our prior written permission is prohibited. Any permitted links to this website must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
13. LINKS TO OTHER WEBSITE
Our website or mobile application may provide links to other Internet websites, content or videos (embedded or direct links) maintained by third parties. We are not responsible for the websites, content, or videos accessed via the links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of those third parties
14. REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating this posting. If you do not agree to any of these terms or any future terms, do not use this website.
You agree to defend, indemnify, and hold harmless 7Diamonds, 7DiamondsLifestyle and their respective directors, officers, employees, shareholders, agents, owners, licensors, licensees, subsidiaries, assigns and affiliated companies against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms and Conditions by you and/or your activities in connection with this website or any services related to this website. We may participate in the defense of any claim.
16. NO WAIVER
No waiver or, or delay in enforcing, any provision or any breach of these terms and conditions by 7Diamonds and shall be deemed a waiver of any other provision or breach of the same or any other provision. No action designed to minimize or prevent liability to 7Diamonds shall be deemed a waiver of any provision or breach of these terms and conditions.
If any provision in these terms and conditions are held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
18. CHOICE OF LAW
These terms and conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
19. COMPLETE AGREEMENT
These terms and conditions contain the entire agreement between you and us with respect to this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this website.