Website Terms & Conditions
Welcome to our web site. At iTouchDiamonds, we always appreciate your business. If you would like to provide feedback about our web site, or recommend a way we can improve the buying experience, please contact us.
4. Your Account
When you access or use the iTouchDiamonds web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use the iTouchDiamonds website only with the involvement of a parent or guardian. iTouchDiamonds reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion
5. Underage Users Prohibited
The iTouchDiamonds web site is offered and available to users who are 13 years of age or older. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using the iTouchDiamonds web site, you represent and warrant that you are of capacity to form a binding contract with I Touch Diamonds, LLC.
6. Ownership of Submissions
7. Third Party Content
Third party content may appear on the iTouchDiamonds web site or may be accessible via links from the iTouchDiamonds web site. iTouchDiamonds is not responsible or liable in any manner for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, advertisements, or profanity in the statements, opinions, representations or any other form of content found in third party content on the iTouchDiamonds web site or linked to from the iTouchDiamonds web site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect iTouchDiamonds’ beliefs.
8. Errors, Corrections, Modifications, or Changes
iTouchDiamonds does not represent or warrant that the information available on or through the iTouchDiamonds web site will be correct, accurate, timely or otherwise reliable. iTouchDiamonds reserves the right to make changes to the features, functionality or content of the iTouchDiamonds web site at any time including correction or removal of errors when they occur or are discovered. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the iTouchDiamonds web site.
Unless otherwise indicated, all materials on the iTouchDiamonds web site are copyrighted by iTouchDiamonds, LLC. All rights reserved. No part of the iTouchDiamonds web site may be used for any purpose other than personal use. Any other use is strictly prohibited without prior written permission from iTouchDiamonds.
10. Copyright Agent and Takedown Requests
iTouchDiamonds respects all people’s intellectual property rights, including copyrights. In the event that You believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) A signature of the person authorized to act on behalf of the owner of the copyright; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on iTouchDiamonds’ web site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. iTouchDiamonds’ Copyright Agent for claims of copyright infringement can be reached by directing an e-mail to firstname.lastname@example.org.
11. Disclaimer of Warranties
THE MATERIALS AND INFORMATION PROVIDED BY ITOUCHDIAMONDS ON ANY OF ITS WEB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITOUCHDIAMONDS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU HEREBY AGREE THAT YOUR ACESS TO, AND USE OF ANY ITOUCHDIAMONDS WEB SITE(S) IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ITOUCHDIAMONDS DISLCAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITOUCHDIAMONDS DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM ITOUCHDIAMONDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITOUCHDIAMONDS WILL NOT BEAR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE OR ANY OTHER ITOUCHDIAMONDS WEB SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that iTouchDiamonds is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
12. Limitation of Liability
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. Notwithstanding the foregoing, in no event shall iTouchDiamonds’ liability to you for all claims, damages, losses, and causes of action exceed the amount you have paid to iTouchDiamonds to access the iTouchDiamonds web site.
14. Product Availability
The Products displayed on the iTouchDiamonds web site are typically in stock and available. Occasionally, inventory errors may occur resulting in an item not being available. In such cases, iTouchDiamonds reserves the right to cancel an order or substitute another item of like appearance and value for the original item purchased.
On a related note, iTouchDiamonds does not permit “comparison purchasing” or purchasing several items with the intention of keep only one of the purchased items. We kindly request that You contact a diamond consultant in order to verify product information and to assure that You are buying the correct Product.
15. Natural Diamonds
iTouchDiamonds does not sell treated or enhanced diamonds – all diamonds sold by iTouchDiamonds are natural diamonds without any enhancements.
16. Conflict Diamonds
All diamonds sold by iTouchDiamonds are purchased from legitimate sources and in compliance with United Nations resolutions. iTouchDiamonds represents and warrants that its diamonds are conflict free, based on personal knowledge or guarantees provided by iTouchDiamonds’ diamond suppliers.
17. Photography/Appearance of Products
iTouchDiamonds makes all reasonable efforts to display the products listed for sale on its web site as accurately as possible. However, the colors used, as well as the display and color capabilities of your computer monitor or other device, affect the colors or sizes that are shown on your screen or device. iTouchDiamonds does not guarantee that your monitor or device’s display of any product color, size, texture, or detail will be accurate. In addition, iTouchDiamonds does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. iTouchDiamonds makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, iTouchDiamonds reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, iTouchDiamonds reserves the right to cancel the sale and refund the transaction in full. If a product offered by iTouchDiamonds is not as described, your sole remedy is to return it in unused condition as discussed in our Return Policy.
18. Placing Orders and Payments Types Accepted
Orders can be placed using the iTouchDiamonds web site, over the phone, and in person. iTouchDiamonds accepts payments in the following forms: Mastercard, American Express, Discover, PayPal, bank wire transfer, and Affirm (our 3-12-month credit affiliate). Additionally, iTouchDiamonds accepts personal checks, cashier’s checks, and money orders; however, these methods of payment are subject to a 10-day waiting period to allow the payment to be processed and cleared. As a courtesy, we may apply a 3% discount to payments made via bank wires, personal checks, cashier’s checks, and money orders.
19. Order Shipping and Processing
All diamond orders include estimated shipping times that indicate the estimated arrival time at the point of purchase. If in stock, diamond settings may be completed within 48 hours. If not in stock, diamond settings have an estimated completion time of ten days. For custom settings, please contact us since those orders may have a completion time of up to four weeks.
All Products are shipped either using Federal Express or the United States Postal Service. Due to insurance requirements, we require a signature for any shipments valued at $500 or more. iTouchDiamonds does not ship to P.O. Boxes. In the event that an alternative address is required for delivery of the Products, please provide that address at the time of payment/prior to payment processing. In certain circumstances, we can arrange for a courtesy hold with Federal Express for Product pick up; however, you must provide identification and proof of address to be eligible for this service.
20. Return Policy
iTouchDiamonds offers our customers a 30-day, return/exchange policy for all merchandise (excluding custom design-work and special orders) purchased from our storefront or website. If you are not completely satisfied with any purchase, simply return the merchandise to us within 30 days of the date of purchase.
Merchandise must be returned in its original unworn condition and with original packaging. Diamond returns must be accompanied by the diamond laboratory report we include with all diamond purchases. If the original diamond laboratory report is not returned a $150 assessment fee will apply.
Order returns will be confirmed with an email after the diamond has gone through a verification process by our ITD staff.
Return shipping, handling and insurance charges, and all risk of liability (including tampering or mishandling of the merchandise) is assumed by the buyer.
Return processing from the time of receipt takes 3 to 10 days.
Reimbursement will be processed using the original method of payment.
21. Non-Return Policy
Any Custom Design or Special orders are non-refundable.
22. Cancel or Change an Order (Non-Custom Orders)
Please contact iTouchDiamonds to change or cancel an order at 1-866-833-4235.
24. Applicable Law
25. Dispute Resolution
The text of this Agreement, herein written in English, is the authentic text.
27. Descriptive Headings
Copyright © 2017 iTouchDiamonds, LLC. All rights reserved.