WEBSITE TERMS OF USE
Use of this Web Site is subject to the following Website Terms of Use (“Terms”). Diamond Dream Fine Jewelers hereafter (“Diamond Dream”) may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.
Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorised to continue consultation and access of the Web Site.
Neither Diamond Dream nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website for any particular purpose. You acknowledge that such information and materials may contain typographical errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
Your use of this website and any dispute arising out of such use of the website is subject to the laws the United States
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
Disclaimer
Diamond Dream does not warrant that the functional and/or technical aspects of the Web Site will be error free or that this Web Site, or the server that makes it available are free of viruses or other harmful components.
Terms of use & conditions of sale
PRIVACY NOTICE
Diamond Dream ( or referred to herein as “us”, “Diamond Dream” “our” or “we”), a business organized and existing under the laws of the State of New Jersey, having its and principal place of business at 12 Mine Brook Road Bernardsville, New Jersey 07924 takes the privacy of its customers seriously and has established its Privacy Notice in respect of the confidence its clientele places in us.
This Privacy Notice describes the personal information we collect from our customers through the Diamond Dream store, online, and over the telephone.
Access to Personal Information
Except where stated otherwise, Diamond Dream will not share your Personal Information with any unaffiliated third party without your prior consent or unless required to do by law or legal process.
If Diamond Dream or substantially all of its assets are acquired as a result of an acquisition, merger, sale, reorganisation or liquidation, your Personal Information may be one of the transferred assets.
Joint Use of Personal Information
The following information will be used jointly by Paypal (providers of the on-line payment portal), and your credit card company to process payment of your order
Your credit card company is responsible for their use of your Personal Information and should be contacted directly with regard to any matter regarding their use of your Personal Information.
Security
Diamond Dream is committed to protecting the security of your Personal Information. We will employ reasonable technical and commercial measures to ensure that your Personal Information is held and used securely.
Your Rights
If you request disclosure, correction, deletion of your personal information, Diamond Dream will deal with such requests in accordance with applicable laws and regulations. The deletion of your Personal Information or a request for Diamond Dream to stop using it will result in the cancellation of your registration.
For any request concerning Personal Information and/or cancellation of registration to any services provided through our store.
Telephone: 908-766-4700
Email: info@diamonddreamjewelers.com
Write to: 12 Mine Brook Road Bernardsville, NJ 07924
Use of Materials on this Web Site
Diamond Dream has created this Web Site to provide information about its company and products for Users’ personal use. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) (“Diamond Dream Material”) is protected by copyright, designs and trademark legislation and under international treaty provisions and national laws.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Diamond Dream Material in any way for any public or commercial purposes. Furthermore, Diamond Dream Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use Diamond Dream Material will automatically be terminated and any copies made of Diamond Dream Material must be immediately destroyed.
Links & Linking
Links to other web sites operated by third parties not affiliated to Diamond Dream may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply endorsement by Diamond Dream of those sites. Diamond Dream is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users’ own risk.
Termination
Users agree that Diamond Dream may terminate a Users’ account and halt that individuals use of the Web Site if Diamond Dream believes that a User have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Diamond Dream, its affiliated companies or any third party, or for any reason with or without notice to User. Users agree that Diamond Dream may modify or discontinue this Web Site, with or without notice to them. Users agree that Diamond Dream will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled “Disclaimer,” “Limitation of Liability,” and “Conditions of Sale” will survive termination.
Limitation of Liability
Under no circumstances whatsoever shall Diamond Dream be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Diamond Dream has been advised of the possibility of such damages.
Damages arising from the purchase or use of the products sold by phone from the Diamond Dream e-Boutique are covered by these Conditions of Sale.
CONDITIONS OF SALE: Diamond Dream U.S. E-BOUTIQUE
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GENERAL
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PURCHASING ELIGIBILITY
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PRODUCT AVAILABILITY; QUANTITY
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ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
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ORDERS
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PRICES, TAX AND SHIPPING COSTS
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REVIEW AND CONFIRMATION
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PAYMENT BY CREDIT CARD
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ACKNOWLEDGMENT OF ORDER
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CONFIRMATION OF ORDER
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SHIPPING POLICY
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REPAIRS
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NO WAIVER
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GOVERNING LAW; ARBITRATION OF CLAIMS
1. GENERAL
The following terms and conditions and any other related rules adopted by Diamond Dream and made available as provided herein (collectively the Conditions of Sale shall apply to all sales of products that you (the Customer or you may order from Diamond Dream , (Diamond Dream or referred to herein as us, our, or we either (a) by phone (908-766-4700) or (b) on the Internet via Diamond Dream Website, identified by the domain name www.diamonddreamjewelers.com” (the “website”).
These Conditions of Sale apply only to sales made through the store in conjunction with the website or the Website. Sales conducted at the physical Diamond Dream store are not subject to these Conditions of Sale.
Diamond Dream may modify the Conditions of Sale from time to time, at its sole discretion.
2. PURCHASING ELIGIBILITY
Only individuals who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, or the District of Columbia may order products through the store or on the e-boutique. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
3. PRODUCT AVAILABILITY; QUANTITY
Diamond Dream reserves the right to change the assortment of items proposed on the Website or through the store and may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session. While we make every attempt to properly represent real inventory numbers on the Site, merchandise availability on our website is not guaranteed. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order through the store or on the Website, you or the Diamond Dream representative (on your behalf) may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the “Guest Checkout” option that is only available on the Website. In order to register an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and clause 8 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Website, an online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.
Should any of the information you provide to the store or on the Website change, please login to your account and update such information directly on the Website, inform the store or notify Diamond Dream at the following e-mail address: info@diamonddreamjewelers.com or as set out in our Privacy Policy. Moreover, in the event that Diamond Dream reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Diamond Dream shall cancel and terminate such account, and notify you by email or telephone.
5. ORDERS
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Cart” to place this product in your shopping cart. You may then decide to continue shopping for other products and add them to your shopping bag or proceed to “Checkout” . You may also remove one or several products you have selected by clicking on “Delete” next to the chosen product in the Shopping Cart.
When placing an order through the store or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Diamond Dream is true and correct. Diamond Dream may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided herein, Diamond Dream reserves the right to refuse, cancel and terminate orders at any time.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Website are in U.S. Dollars.
Diamond Dream reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the store, at the time Diamond Dream provides you with a Confirmation of Order, will be honored.
Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Diamond Dream (in the case of a telephone order), and will also appear on your Confirmation of Order and invoice.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the store or on the Website, including without limitation the particulars of each sale, which will be provided by the Diamond Dream representative (in the case of an order being placed through the store) or the online e-boutique.
8. PAYMENT BY CREDIT CARD
Diamond Dream accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.
When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the store your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID).
In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Diamond Dream, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Diamond Dream products on the Website or through the store, you authorize Diamond Dream to perform such credit card pre-authorization and, where Diamond Dream deems necessary, to transmit or to obtain information (including any updated information).
Diamond Dream takes precautions ? including administrative, technical, and physical measures ? to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Unfortunately, transmitting information over the Internet is not completely secure and Diamond Dream cannot guarantee the security of the data you transmit to the Website. For more information about how we use and protect your information please view our Privacy Policy.
By placing your order, you will be deemed to have authorized Diamond Dream to perform such checks and, where Diamond Dream deems necessary, from time to time to transmit or obtain information that you have provided to Diamond Dream about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
9. ACKNOWLEDGMENT OF ORDER
Once you have placed your order through the store or on the Website, you will receive an Acknowledgment of Order by fax or email acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Diamond Dream. Please save this Order Reference Number for any future inquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Diamond Dream will conduct security and anti-fraud checks and then process your order.
10. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Diamond Dream of its anti-fraud and security checks, Diamond Dream will send you by email or by fax a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Diamond Dream and indicates the existence of a binding sales contract.
11.1. Engraving / Embossing
Engraving and embossing may be available on specific products such as rings, watches, necklaces, and pendants.
If you wish to have your applicable product engraved or stamped, please provide the details on the Website or to the Diamond Dream representative.
Engraved and embossed products cannot be returned to Diamond Dream for exchange or refund.
11.2. Watch Bracelet adjustment
Bracelet adjustment is available on certain watches. If you require a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.
Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.
11.3. Gift note
You may personalize your order by adding a personalized note that will be printed by Diamond Dream,on a gift card to be included in your order package.
12. SHIPPING POLICY
Diamond Dream does not ship to PO boxes, APO/FPO addresses or hotels.
Please note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment or engraving. In such cases, the store will contact you to propose other arrangements.
13. REPAIRS
For any repair inquiries, please contact our store by emailing info@diamonddreamjewelers.com or by calling 908-766-4700.
14. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. GOVERNING LAW; ARBITRATION OF CLAIMS
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any product purchased through the Website or store will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify.Last Revised: December 9, 2014