Terms and Conditions

These Terms and Conditions apply to the website of Candeo Diamonds located at www.candeodiamonds.com and its subsidiaries and associates, including the websites of Candeo Diamond worldwide (communally the "Site") and other websites that specifically implement these Terms and Conditions ("Terms"). In certain cases, a specific Candeo Diamonds product purchased through the Site may be subject to additional rules, guidelines, terms and/or agreements ('Terms'). In the event that these Terms are incompatible with these Terms, they shall be regulated by the Terms. BY VISITING AND / OR PLACING THE SITE IN THE WAY, SUCH AS BROWSING PRODUCTS OR PLACING AND ORDER, AGREE TO THES TERMS AND CONDITIONS. Please read these Terms carefully. If you do not wish to be bound by the contract, do not access or use the Candeo Diamonds Site.

Change in terms and conditions

Candeo Diamonds may amend or add new terms to all these Conditions from time to time without notification to you at its absolute discretion. Such changes and amendments shall be deemed to be effective immediately upon notification by Candeo Diamonds, including without limitation, by posting the revised Terms on the Candeo Diamonds Site. You are responsible for reviewing any changes to these Conditions that may affect your rights or responsibilities on the Candeo Diamonds Site. Any modification or alteration shall take effect immediately after publishing the revisions on the web site. Any access or use by you of the Candeo Diamonds Site after the modification of these Terms shall constitute your acceptance of the revised Terms. If you do not consent to the revised terms and conditions, you must stop using the Site.

Content

The Site and all content and other materials, including, but not limited to, text, icons, graphics , logos, images, designs, images, selection, coordination, "feel and look," information , data, audio data, as well as other files and apps, are the proprietary property of Candeo Diamonds or its affiliates, copyright holders or users and are protected by United States and international trade dress, copyright law Copyright in documents and materials on the Candeo Diamonds Site is possessed or licensed by Candeo Diamonds. You are only permitted to use this material for personal, non-commercial purposes. You can download, print and store copies of this material for your own personal, non-commercial use. Nothing on the Candeo Diamonds Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Candeo Diamonds Site without the written permission of Candeo Diamonds or any third party that may own such trademarks or service marks. Candeo Diamonds will aggressively enforce its intellectual property rights to the fullest extent possible by law.

Trademarks

Candeo Diamonds, Candeo Diamonds logos and any other product or service name or slogan contained on our Site are trademarks of Candeo Diamonds and/or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written approval of Candeo Diamonds or the applicable trademark owner. You may not use any metatags or other "hidden text" using "Candeo Diamonds" or any other name, trademark or product or service name of Candeo Diamonds without our prior written permission. All other trademarks, registered trademarks, product names and the names or logos of Candeo Diamonds listed on our Site are the property of their respective owners.

Using the Website

You are authorized a personal, limited, non-sublicensable license to access and use the web and to copy it digitally (except where prohibited without a license) and to print hard copies of Site materials for your informational, non-commercial and personal use only. Such license shall be subject to these Terms and Conditions and shall not include: (1) any resale or commercial use of our Site or the Site materials therein; (2) the compilation and use of any product listings, photographs or descriptions for commercial purposes; (3) the distribution, public presentation or public display of any Site materials therein; (4) the alteration or otherwise allowing any derivative use of our Site and any other use thereof; (5) use of any automated means to access, track or communicate with any portion of our Site, including by data mining, robots, spiders, scraping or similar data collection or extraction methods; (6) download (other than page caching) of any portion of our Web, the Site materials or any information found therein, except as specifically permitted on our Site; (7) trigger any pop-up, pop-up, exit window, extend buttons, banners, ads, or anything else that minimizes, covers, or frames or prevents the complete view of our Web; (8) using our Site in any way that interferes with the regular operation of our Website; or any use of our Website or Site materials other than for its intended intent. The use of our Website or Site materials other than those specifically permitted herein, without the prior written permission of Candeo Diamonds, is strictly prohibited and terminates the license granted herein. This unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and related media regulations and statutes. None in these Terms shall be construed as conferring any protection on intellectual property rights, whether by estoppel, implication or otherwise, unless expressly stated herein. This license could be revoked at any time.

Info on our website

Candeo Diamonds is committed to delivering up-to - date and reliable information on our website, email, chat and telephone communications. Nevertheless, we do not warrant that this information is always right, reliable or complete. In exceptional cases, data, including prices, may be incorrectly displayed on our Site due to system and typographical errors that may occur. Unintentional errors or inaccurate advertising rates are not binding on Candeo Diamonds and can be changed at any time by Candeo Diamonds. Candeo Diamonds reserves the right to rectify any and all errors as they occur. If an order is placed at a price lower than the price specified, Candeo Diamonds will, at its discretion, either inform the customer before the product is delivered or cancel the order or notify the customer of such cancellation. Candeo Diamonds apologizes for any inconvenience this can cause.

The information we give is not a binding contract and should not be regarded as such. The sole remedy of the customer operating on incorrect information is to request the cancelation of the order put as a result of this incorrect information. Once an order has been delivered, the consumer decides to either return the product for full credit or to pay the difference between the real and the rates paid. Please check our Return Policy.

Candeo Diamonds maintains a diverse and high-volume inventory. The availability of stock on our website is stated "as is" and is subject to change. If the product is out of stock in an order, we will immediately inform the customer of available alternatives. Products may appear larger or smaller than their actual size on the Candeo Diamonds website. Due to the difference in computer monitor settings, color and size may differ slightly when viewing product photography. In compliance with industry requirements and FTC regulations, the total carat weight may differ by 0.05 carats from the specified weight. A tolerance of 0.25 mm is required for gemstone and pearl measurements. For diamond jewelry set with multiple diamonds, we provide the minimum total weight of the piece. Color and clarity ratings are expressed either as a minimum or as an average, depending on the number of diamonds. If indicated as a minimum, all diamonds within the piece shall be of or above the specified quality. Collectively, if presented as an average, the output is equal to or exceeds the grade indicated.

Candeo Diamonds maintains full unlimited access to all jewelry designs, whether custom or regular, and may choose to market or sell jewelry on the basis of these designs.

The product specifics and prices of Candeo Diamonds are also subject to change without notification. All our rates are final and non-negotiable. In addition , in order to preserve natural resources and retain the high quality of our pieces, Candeo Diamonds does not allow several pieces to be purchased for comparison, which is the act of purchasing a variety of items with a view to holding the item that you like better and returning the remaining items that have been purchased.

Candeo Diamonds and any associated companies provide natural diamond origin information – whether on this website, in marketing materials, in materials given to any customer or anywhere else – without any explicit or implied guarantee of any sort. All claims, warranties and conditions relating to the sources of diamonds are hereby disclaimed where appropriate. Information on the natural origin of diamonds is given on the basis of information provided by the manufacturer, as well as on the confirmed adherence to the Candeo Diamonds chain of custody protocol. Although fair commercial attempts are made to ensure the accuracy of the origin information received, there can be no assurance or confirmation of information on the origin of diamonds. The restriction of liability referred to above shall extend to any person who has seen Candeo Diamonds’ natural diamonds of origin, to any person who has purchased Candeo Diamonds natural diamonds of origin, and to any other person who may subsequently acquire Candeo Diamonds natural diamonds of origin.

All representations, including representations on gemstone sources, recycled content of precious metals, and estate details, shall be made to the best of Candeo Diamonds' knowledge and without any promise or assurance of any sort.

Your account and your order

When you browse or use the Candeo Diamonds website or your customized Candeo Diamonds account, you are solely responsible for preserving the confidentiality of your account and limiting access to your computer. You are also responsible for all activities that take place under your personal account and password. When you are under 18 years of age, you may use BrillantEarth.com only under the guidance and supervision of a parent or guardian. Please note that Candeo Diamonds reserves the right, in its absolute discretion, to deny operation, terminate accounts, delete or change material or cancel orders.

In the event of a customer filing a chargeback, Candeo Diamonds has the right to recover its direct and indirect costs and to cancel any promotional products, free shipping or other benefits as defined in Candeo Diamonds' sole and absolute discretion.

Certificates of Diamond

If you order a loose diamond, Candeo Diamonds will give it to you with the corresponding Diamond Certificate, which is a Diamond Grading Report. Such grading reports are comprehensive documents issued by diamond grading experts in highly regarded diamond laboratories. Such diamond grading reports are incredibly costly to substitute and, as a result, Candeo Diamonds demands that each diamond grading report be included with each returned diamond. When you do not submit a diamond rating report with your refund, a repair fee of two hundred and fifty dollars ($250.00) will be charged.

Passage to the title

Title for products purchased passes from Candeo Diamonds to the purchaser's designer at the time the goods are shipped to the seller.

Cancelation and approval of order

The receipt of a confirmation of order from Candeo Diamonds just indicates that your order request has been received. Customer orders are not recognized by Candeo Diamonds until they have been reviewed and approved at our headquarters. Candeo Diamonds is not obliged to make a customer order and reserves the right to cancel products or services to any customer for any reason at any time. For these situations, the only remedy for the consumer would be the full refund of all funds that we have collected in regard of the cancelled products and/or services.

Privacy

Please check our Privacy Policy, which also governs your access to this site, to find out how Candeo Diamonds gathers, uses to disclose personally identifiable information about its customers. Candeo Diamonds reserves the right to comply with lawful government demands, subpoenas or court orders, to protect the systems and customers of Candeo Diamonds, or to ensure the integrity and operation of the company and systems of Candeo Diamonds, and as such, Candeo Diamonds which access and disclose any information it deems necessary or acceptable, including, without limitation, user data (i.e. name, e-mail address, etc.), IP address and traffic information, user history, and user content posted (as specified in this section). The right of Candeo Diamond to reveal all such details shall be regulated by the terms and conditions of the Privacy Policy of Candeo Diamond.

Repeat Infringer Policy

In compliance with the Digital Millennium Copyright Act ( DMCA) and other relevant legislation, Candeo Diamonds has the absolute power to terminate and ban individual website users or account holders of Candeo Diamonds who, under certain circumstances, are found to be repeat infringers. Candeo Diamonds further reserves the right to limit access to this website and/or to terminate the account of any user who Candeo Diamonds fairly believes has infringed the intellectual property rights of others, whether or not there is a repeat infringement.

Advertisements and Promotions

Candeo Diamonds can post advertisements and promotions from third parties on our website. Such ads and promotions shall be rendered under the control of a third party and Candeo Diamonds shall not be responsible or liable for any loss, harm or liability suffered by you as a result of any interaction with a third party supplier or as a result of the involvement of such unaffiliated third parties on our website. Any commercial transactions, communication with, involvement in promotions of advertisers other than Candeo Diamonds and any terms, conditions, warranties or representations relating to such transactions shall be between you and such third party only.

Feedback and Submissions

You accept and agree that any feedback or submissions, including but not limited to queries, comments , suggestions, ideas, plans, notes, sketches, original or creative materials or any other content, regarding this website, Candeo Diamonds or the products or services of Candeo Diamonds that you provide to Candeo Diamonds in any form, shall be non-confidential and shall be co-submitted upon submission. Candeo Diamonds shall have exclusive rights, including all intellectual property rights to these feedback and submissions, and shall be entitled to free use and distribution of feedback and submissions for any purpose, whether commercial or otherwise, without acknowledgment or compensation to you. You give Candeo Diamonds and its sublicenses the right to use the name you send in connection with these material, if they choose to do so. You reflect and warrant that (a) you own and retain all rights to the content you send, or that you otherwise have the right to submit such content to this site; (b) the content is correct and not misleading; and (c) the use and uploading of the content you provide does not and does not infringe any rights or cause harm to any person or organization.

Social Media User Content

At times, Candeo Diamonds can contact social media users to request their permission to place our favorite content on our Website, on social networks, or in promotional materials. Candeo Diamonds that request permission from you to use your social media User Content consisting of images, text , graphics, audio , video, comments and other materials from social media sites related to Candeo Diamonds’ company, product features, marketing, promotional, advertisement and other consumer-related activities.

When you respond to a request for permission to use your social media User Material, you grant to Candeo Diamonds and its associated officers, licensees, sub-licensees, contractors, heirs, legal representatives, assigns and third party service providers, their respective retail partners, marketing or public relations firms, and other affiliates ('Licensed Parties') worldwide, perpetual, irrevocable, royalty-free, completely charged, non-exclusive, transferable, sub licensable right to use your social media User Content in any manner defined by the Licensed Parties, including but not limited to websites and social media pages run by the Licensed Parties, in promotional e-mails and ads, and in any and all other publicity, promotional and advertisement campaigns, and in every media now or hereafter recognized. Licensed Parties may, in their absolute discretion, use, view, replicate, distribute, transmit, construct derivative works from, combine with other materials, change and/or modify your social media User Content in any manner and without any obligation to you.

You also grant the Licensed Parties the right to use your username, real name, image, likeness, description of you, location or other identifying details, including but not limited to your voice, in conjunction with the use of your social media User Material.

You further accept, reflect and warrant that I you are solely responsible for your Social Media User Content, (ii) you own all rights in and to your Social Media User Content and/or have acquired acceptable rights and permits from any and all other persons and/or organizations that hold, control or otherwise assert any rights in respect of such Social Media User Content; (iii) you are not a minor, (iv) the use by the Licensed Parties of your social media User Content as defined herein shall not infringe the rights, including but not limited to copyright , trademark, patent, trade secret, privacy, advertisement, moral, proprietary or other rights of any third party or any statute, rule or regulation, and (v) the social media User Content is not libelous, defamatory, pornographic, etc.

Please notice that the social media User Content you send is considered non-confidential and the Licensed Parties have no duty to preserve confidentiality of any information, in any form, contained in any submission, except in compliance with the respective privacy policy of the Licensed Parties. By accessing this Site, you agree to the collection by the Licensed Parties of any personal information you provide for the use and dissemination by the Licensed Parties in connection with the use of the User Content of your social media as defined herein. Your personal information may also be transmitted to servers located outside the country in which you reside or to third parties in other countries so that we can process personal information on behalf of the Licensed Parties. By providing personal information to the Licensed Parties, you consent to the above-mentioned collection , use , disclosure, transfer and processing of your information in compliance with the terms of these Terms and Conditions, the Candeo Diamonds Privacy Policy and the relevant data security laws and regulations.

The Licensed Parties reserve the right to delete any User of Social Media Content from the Website. If you believe that any material, including social media User Material that resides on the Web infringes copyright rights of another person or organization, please contact Candeo Diamonds.

Product Reviews and User Content

The website and social media accounts of Candeo Diamond include or may include, in the future, a feature of product analysis, discussion boards, user-generated content or other areas or services in which you or a third party have the ability to create, upload or store information, comments, materials or other products on our website or social media accounts ("Interactive Areas"). You are solely responsible for the use of these Interactive Areas. By using any Interactive Zone, you agree not to post, upload, transfer, distribute, store, produce or otherwise publish on our website any of the following: (a) Any message, data, information, text, music, sound, photographs, videos, graphics, code or other material ('User Content') that is or may reasonably be considered 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 may constitute, facilitate or include directions for a criminal offence, infringe the rights of another party or otherwise establish liability or breach another local , state , national or international law, legislation or regulation, including, but not limited to, the laws of the United States. Securities and Exchange Commission or other securities market rules such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Material that may infringe any patent , trademark, trade secret, copyright or other intellectual or proprietary rights of another party; (d) User Content that impersonates or otherwise distorts your relationship with a individual or entity; (e) Unsolicited advertisements, political campaigns, ads or solicitation; (f) private information of any third party, including, but not limited to, names, telephone numbers, email addresses, Social Security numbers and credit card numbers; (g) viruses, corrupted data or other dangerous, disruptive or damaging files; and (h) User Content which, in the sole judgment of Candeo Diamonds, is unacceptable or which prohibits or prevents any other person from using or enjoying Interactive Areas or our website, or which may expose Candeo Diamonds or its users to any harm or liability of some sort.

If you post User Content to our website , email User Content to Candeo Diamonds, and/or give Candeo Diamonds permission to use, resubmit, or otherwise share User Content that you have generated or posted on social media, you grant Candeo Diamonds non-exclusive material, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display these User Material in every media worldwide. You further grant Candeo Diamonds and Sublicenses the right to use the name you send in conjunction with these material if they want to do so. You reflect and warrant that (a) you own and manage all rights to User Content or otherwise have the right to such User Content; (b) the User Content is correct and not misleading; and (c) the use and uploading of User Content you provide does not breach these Terms and Conditions and does not infringe any rights or cause harm to any person or individual.

Candeo Diamonds disclaims all responsibility and acknowledges no liability for any User Content that has been downloaded, stored or posted by you or any third party, or for any loss or harm, and Candeo Diamonds shall not be liable for any mistake, defamation, slander, libel, omission, fraud, obscenity, pornography or profanity that you may find as a result of such User Content Upload. Your use of the Candeo Diamond Interactive Areas is at your own risk. Candeo Diamonds shall not be liable for any comments, representations or User Content made by its users on any public forum, personal home page or other Interactive Area. In addition, Candeo Diamonds reserves the right, and has full discretion, to delete, screen or change any User Content posted or stored on our website at any time and for any reason without warning, and you are solely responsible for making backup copies of and replacing any User Content that you post or store on our website at your own risk and cost.

Any use of the Interactive Areas or other parts of the Candeo Diamonds website, in violation of the above clause, violates these Terms and Conditions which may result in the termination or revocation of your rights to use the Interactive Areas and/or our website.

Disclaimer of Warranties

This platform, the contents contained therein and the goods offered therein ('stuff') shall be delivered on a 'as is' and 'as is' basis. Candeo Diamonds makes no representations or warranties of any kind, express or implied, as to the operation of this site or the details, content, materials or products contained therein. You specifically accept that your use of this site is at your own risk, of your own free will, and that you are solely responsible for any consequences resulting from such use. Without restricting the foregoing, Candeo Diamonds disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title and non-compliance with the details, content and materials on the Website. Candeo Diamonds does not warrant that this platform, its servers or its electronic communications are accurate, secure, complete, up-to - date or free of viruses or other harmful components.

Limitation of Liability

In no case shall Candeo Diamonds, its owners, members , staff, associates or agents or any other party involved in the development, manufacture or distribution of Candeo Diamonds products be liable to you or any third party for damages of any kind arising out of the use of this site, including, but not limited to, direct, indirect, incidental, extraordinary, punitive and consequential damages or other damages arising out of the use of this site, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, Including negligence arising out of or in some way relevant to or resulting from the use of our platform, goods , services or material found in or accessed via the Candeo Diamonds website, or that results from the user 's reliance on any information obtained from Candeo Diamonds, including any errors or omissions relating to the origin of the diamond, any errors, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in service or transmission or any lack of performance of the Candeo Diamonds web, Whether or not arising from acts of nature, communications breakdown, fraud, destruction or unauthorized access to Candeo Diamond 's programs or facilities, even if Candeo Diamonds is specifically notified of the probability of such harm, or even if the loss, harm or cost has been caused by Candeo Diamonds, its owners, members , staff, associates or agents. In no case shall the liability of Candeo Diamonds surpass the price charged for the good or service on which the claim is based.

Many jurisdictions do not require the removal of implied guarantees, so some of the above exclusions do not apply to you. It is your duty to test local legislation for any limits or limitations on the exclusion of implicit warranties.

Indemnification

You consent to protect, indemnify and keep Candeo Diamonds, its independent contractors, service providers and consultants, and its parents, associates and associated agencies and their respective directors, officers, staff and agents safe from and against all lawsuits, injuries, damages, liabilities, expenditures and costs (including, but not limited to, fair attorneys' fees and court costs), As a result of or in connection with your violation of these Terms and Conditions or your access to or use of the Candeo Diamonds Website or your failure to use the Website, including without limitation any real or threatening action, claim or claim against Candeo Diamonds and/or its independent contractors, service providers, staff, directors or consultants arising out of or relating to the Content, your actions, your violation of these Terms and Conditions or your violation of the rights of any third party.

Links to Other Sites and Services

Links to other websites and services run by third parties, including Candeo Diamonds, do not imply support, endorsement or approval by Candeo Diamonds of the content, policies or practices of such linked sites or services. Candeo Diamonds is not responsible for the availability, quality, protection, policies or practices of linked sites or services, including, but not limited to, the accuracy of the quality of linked sites or services and the privacy policies and practices of linked sites and services.

Termination

Notwithstanding any of these Terms and Conditions, Candeo Diamonds retains the right, without warning and in its absolute discretion, to revoke your permission to use this Site and to obstruct or prohibit future access to and use of the Site.

Miscellaneous

Such Terms shall include the full comprehension of you and Candeo Diamonds with respect to the subject matter hereof and supersede all previous agreements and agreements between you and Candeo Diamonds with respect to the subject matter hereof. The failure of Candeo Diamonds at any time to enforce any of the provisions of these Terms shall not be regarded or construed as a waiver of any such clause, or in such way as to affect the right of Candeo Diamonds to enforce any of the provisions of these TermsNo waiver by Candeo Diamonds of any infringement of any clause of these Terms shall be read or read as a waiver of any subsequent infringement. If any provision of these Terms is found void or otherwise ruled to be inapplicable for any cause whatsoever, that provision shall be considered to be excluded from the remaining provisions of these Terms and Conditions, which shall otherwise remain in full force and effect. Provisions relating to your rights and obligations which, by virtue of the nature of the clause, exist after termination or which are required to enforce any right shall survive any termination or expiration of these Terms.

Arbitration

Such Terms and Conditions and your use of this Site shall be regulated by and construed in compliance with the laws of the State of California without regard to the provisions of its conflict of laws. You accept that any proceeding in law or in equity or any conflict, argument or conflict arising out of or relating to these Terms or any violation, termination, compliance, interpretation or validity thereof or the use of the Site or transactions from the Site thereof (collectively, 'Claims') shall be resolved by binding arbitration, as defined below, instead of before a court, except that each party shall retaliate. You further accept that arbitration must be on an individual basis and that you hereby waive your right to enter or merge Claims in arbitration or to arbitrate any claims as a delegate or a member of the alleged class. You accept and consent that you forfeit the right to a jury martial. This arbitration clause shall survive the termination of these Terms and Conditions, as well as any other contractual arrangement that you have with the Company.

You accept and consent that, by agreeing to these Terms, the Federal Arbitration Act (FAA) shall control the interpretation and compliance of this clause and that any such arbitration shall proceed with the American Arbitration Association (AAA) or the JAMS in San Francisco County, California, pursuant to the mutual agreement of a single arbitrator licensed to practice law. It shall be performed in compliance with the AAA Arbitration Rules then in effect and the arbitrator shall be bound by these Terms and Conditions. The arbitrator shall be empowered to refuse or deny legitimate, equitable and declaratory relief. Such arbitration shall be definitive and binding on the parties concerned.