WEBSITE TERMS OF USE
Purchasing from TheDiamondStoreSite.com or its affiliates is an acknowledgment that you are aware of the policies and terms of use.
QUALITY CONTROL
TheDiamondStoreSite.com makes an effort to offer only the highest quality, well-crafted items that are safe for you and your children. We cannot be held liable for any accidents resulting in personal injury that involve any products sold on TheDiamondStoreSite.com. Estimated delivery times, prices, and availability are subject to change at any time.
ERROR POLICY
The Diamond Store takes every reasonable care to ensure that the information provided on our websites is accurate and up–to–date, and cannot be held liable for any errors, omissions or inaccuracies, however caused. However, from time to time, there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. The Diamond Store reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order) should an error occur. Further, we maintain the right to refund or cancel orders placed at an incorrect price.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Diamond Store reserves the right, at any time after receipt of your order, to accept or decline your order for any reason or to limit quantities on promotional products and sale items.
DOMESTIC SHIPMENTS
The Diamond Store only ships to addresses within the United States of America.
INCORRECT SHIP TO ADDRESS PROVIDED
Packages that are returned or shipped with an incorrect address provided by the customer will be subject to additional shipping charges. This shipping charge will apply even if you were not originally charged shipping. Requests for packages to be shipped again will be subject to actual shipping charges.
PRICING
All pricing on TheDiamondStoreSite.com is subject to change at the discretion of The Diamond Store.
All pricing is in US Dollars.
SALES TAX
The Internet Tax Freedom Act, signed into law on October 21, 1998, does not preclude sales and use taxes on any and all commerce conducted over the internet. State and local governments are allowed to impose sales and use tax on all such electronic sales, provided that the tax rate is the same as that which would be imposed on the transactions if they were conducted over the phone or in a local store. For orders delivered to Utah addresses only, the sales tax added to your order will reflect the applicable state and local sales taxes.
SPECIAL PROMOTIONS AND OFFERS
In the event of special promotions or discounts, The Diamond Store reserves the right to apply additional rules and to exclude certain items. Those rules will be posted on the relevant promotions' pages at the time the offer is valid. Please contact Customer Service if you have any questions that are associated with these special offers.
COPYRIGHT AND TRADEMARK NOTICE
This Website is owned and operated by The Diamond Store. The content displayed on TheDiamondStoreSite.com, including but not limited to the Website’s look and feel, text, graphics, images, designs, the URL and software (collectively, the "Content"), is either the property of or used with permission by TheDiamondStoreSite.com and is also protected by United States of America and international copyright and trademark laws.
All rights including but not limited to copyright, title and interest in the Content belong to The Diamond Store. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is the exclusive property of The Diamond Store and is also protected by U.S.A. and international copyright laws. All rights not expressly granted herein are reserved.
You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. The reproduction, republishing, copying, transmitting, distributing in any form, or by any means, of the Content on TheDiamondStoreSite.com is prohibited. The Diamond Store prohibits modification or adaption of any content. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
COPYRIGHT INFORMATION FOR SUBMISSIONS
By uploading, providing, or submitting your text and/or graphics, you warrant and represent that you own or otherwise control all of the rights to your submission including the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works from, and reformat your submission.
LINKS
TheDiamondStoreSite.com may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or the content located on or through any such site.
GOVERNING LAW AND JURISDICTION
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between TheDiamondStoreSite.com and Customer shall be governed by the laws of the State of Utah, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. TheDiamondStoreSite.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Utah, Sevier County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against TheDiamondStoreSite.com that is more than one year after the date of the applicable invoice.
SEVERABILITY
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Utah law.
WAIVER
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
ENTIRE AGREEMENT
Information on TheDiamondStoreSite.com is provided to you "as is," without express or implied warranty. The Diamond Store reserves the right to modify or withdraw the service, in whole or in part, at anytime without notice.
These terms and conditions, together with TheDiamondStoreSite.com's invoice regarding the product(s) ordered by Customer, are the complete and exclusive agreement between TheDiamondStoreSite.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between The Diamond Store and Customer relating to the subject product(s). This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. |