Terms and Conditions
Terms And Conditions
Welcome to Best Brilliance Inc, your personal, online store for diamonds, diamond rings and various other jewelry. Our Site allows you to choose between loose diamonds, ready made designs, and allows you to design your own ring. We are here to help you with every step of the way, from diamond education to choosing your diamond or diamond jewelry, shipping it to you and ensuring safe and speedy delivery.
"The Site" in these Terms shall also include, where appropriate, the owners of the site, and also any relevant application or other manner which allows the operation of the Services which the Site provides on any platform or device such as on the Internet, PC, tablet, cellular device, TV, etc.), the managing body of such Site, their subsidiaries, affiliates and any related third party, their respective operators, shareholders, directors, officers, managers, employees, agents, partners, contractors and any other representative.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, DUTIES, SCOPE OF REMEDIES, ETC.
- Term And Validity
- Binding Agreement. By entering the Site or making any use of the Services (including any Purchase), you hereby agree to be bound by these Terms, whether you just browse through the Site, make any use or have any other connection to the Site and to the Content within ("Visitor") or choose to become a member thereof and open an account ("Member"). "User" or "You" under these Terms shall consist both of Visitors and of Members.
ANY USE OF ANY KIND OF THE SITE OR ANY OF ITS SERVICES SHALL CONSTITUTE AN AGREEMENT TO THESE TERMS. PLEASE DO NOT MAKE ANY USE OF THE SITE OR THE SERVICES UNLESS YOU AGREE TO THE TERMS AS DEFINED ABOVE.
- No commercial use of any kind. Users of any kind may use the Site only for personal, non-commercial purposes.
- Modification of these Terms. The Site may, at its sole discretion, modify these Terms or any part thereof from time to time. In such a case, the Site will post an updated version of these Terms on this page or on any other relevant page and will indicate at the bottom/top of this page the date these terms were last revised with a link to the previous version. You agree to be bound by any changes to these Terms when you use the Site or any of the Services after any such modification is posted. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services or the Site. Any continued use or access (Purchase included) shall constitute acceptance of these Terms as amended.
- Registration To The Site And Services
- Details upon registration. Upon registration, you shall be asked to choose a user-name, a password and supply a valid and active email address, supply an active and personal phone number and Email, and address.
- You must be 18 years old or more to use the Site. The Site and the Services are not for use by anyone under the age of 18. By becoming a Member or making any Purchase you declare and warrant that you are 18 years old or older.
- Password is and must be kept private. The Site shall never make your password public and never request your password by email or by any other way, except by logging in to the Site.
- It is the User's responsibility to keep the password private and confidential. Any use or misuse of the password shall be the User's sole responsibility.
- Misuse of the account – Member's responsibility. Users shall be solely responsible for any and all use of their account, whether such use is authorized or not. Any use of an account, username or password of any User except your own is strictly forbidden. If you suspect unauthorized use of your account, you are to notify the Site (at our "contact us" page [http://www.bestbrilliance.com/contacts/] subject: Unauthorized use of my account), to supply us with enough information to found your suspicion and to change your password immediately. Services may not be free. The Site reserves the right to charge for the Membership or for any of its Services and to change its fees and fee policy from time to time in its sole discretion and in any manner.
Termination of account. The Site may terminate any User's account, their membership or any of the Services for any reason of any kind (including but not limited - breach of any law, any breach of these Terms or any other suspicion of a wrongful or damaging activity) at its sole discretion.
- Purchasing Items On The Site
- Purchase Contract Binding Effect. Any product displayed on the Site is not a contractual offer but an invitation to treat. If a User orders products, such order shall be regarded as an offer and only upon receiving Site's notice of acceptance (by email, internal messaging or any other manner) the Purchase shall be regarded as final and binding.
- Information Accuracy. The Site uses reasonable efforts to include accurate and current information, but there may be occasions when information on the Site will contain typographical or other errors, inaccuracies, bugs or omissions that may relate to product descriptions, pricing, availability, shipping, style, specifications, and other matters. The Site makes no warranties or representations regarding the accuracy of such information and will not be bound thereby until each Purchase is specifically accepted by the Site. The Site reserves the right to correct any errors and to update Site information at any time (including after Users have submitted any order). We apologize for any inconvenience this may cause and will do our best to limit such inconvenience, though we cannot prevent it completely.
- Merchandise Availability. We pride ourselves in providing exclusive and high-quality jewels, gems, diamonds, rings and other items. Availability of merchandise may vary at any given time, and certain items may not be available even if they are presented online. Other items may be available only in limited quantities or only while supplies last. Display of an item on the Site does not guarantee that the item is currently in stock or that it will be available on our Site when you visit us again.
- Merchandise Display. The Site takes efforts to display the items as accurately and as reasonably possible. Unfortunately, various factors relating to certain jewelry and gems (including but not limited to the display and color capabilities of User's computer or device monitor) may significantly affect what each User actually sees on the screen. The photos on the Site are for illustrative purposes only and may differ from the product itself in various elements and categories.
- Pricing. Prices displayed on the Site are quoted in USD (United States Dollars) and are valid and effective. Any sale in any other territory will also require additional payments as detailed on the relevant Site pages, such as delivery fees, insurance, conversion rate, taxes, etc. Prices are subject to change at any time.
- Documentation of Diamonds. All diamonds sold by the Site are documented using third-party services and laboratories such as laboratories and professional assessors. Any and all responsibility for such documentation is upon the relevant third-party, and the Site resumes no responsibility for such documentation or inaccuracy of any kind thereof.
- Appraisal Certificate. Purchases may be accompanied by an ' Certificate of Appraisal' issued by a well-established diamond appraising institution and certified by a graduate gemologist. Such certificate is made based on internationally recognized diamond grading system and documentation, along with information provided by us. The accuracy and reliability of this certificate is of great importance to the us. However, we cannot and do not provide any warranty with respect to the grading appearing the certificate, and specifically excludes any responsibility and liability with respect to the accuracy and completeness of such grading, or any reliance thereupon. Any inaccuracies, omissions, downgrading or upgrading of the diamonds under the certificates are solely the responsibility of the institution issuing these certificates.
- Site Transactions. The Site does not authorize the purchase of any items for resale purposes. We reserve the right to limit or prohibit orders that, in the Site's sole discretion appear to be placed by dealers, resellers or distributors. To enforce this policy, the Site may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event the Site makes a change to, or cancels an order, we will attempt to notify relevant User by contacting the e-mail and/or billing address/phone number provided at the time of the Purchase.
- Finger Sizes. Any User may request, upon Purchase, adjustment of any ring to any relevant finger-size. Such request upon Purchase is free of charge and included in the displayed price. Nevertheless, all changes of size after Purchase order has been received by the Site or the product has been received by the User, are subject to payment as requested by the Site and will not be delivered until payment is received.
- Any treatment of any product by any third party or other damage to it, removes any and all warranties and guarantees. To remove any doubt, if any product suffers physical harm, intentional damage, misuse of any kind or any treatment by a third party, any and all guarantees and warranties (if relevant to said product) will be null and become void automatically. The Site will not assume any responsibility whatsoever in such a case.
- No responsibility for inlays or engravings. In any event when User supplied the Site with a ring or other jewelry of any kind for the inlay of diamonds, for any kind of engraving or any other work performed on said jewelry, the Site shall have no responsibility and supplies no warranties for the original jewelry's good condition after the performance of the work requested, for the inlay or engraving being in line with User's expectations and any all warranty disclaimers above shall apply. For the avoidance of any doubt, inlays and engravings are subject to the payment terms as detailed on the relevant Site page and for the certain Purchase.
- Customed Rings and Other Jewelry. As part of the Services, a User is entitled to order a customed ring or other jewelry (the "Costumed Product"). Any order of a Costumed Product requires that the User will provide the Site with the relevant design, model, or mock-up of the requested Costumed Product. By providing the Site the requested design, model, or mock-up of the requested Costumed Product, the User represents and covenants that any design, model, or mock-up provided (whether, in tangible or intangible form, 2D, 3D or in any other form or format) is the sole proprietary of the User, and the User has obtained, or owns from inception, all relevant intellectual property rights in connection therewith, including, without limitation, any and all, patents, copyrights, trademarks, trade names, moral rights, service marks, design marks, trade secrets and other proprietary rights. The Site retains the right, under its complete and sole discretion, to refrain from providing any Customed Product in case it is readily apparent that the intellectual property rights concerning the design, model, or mock-up provided belongs to a 3rd party that did not gave its consent for such purported use, or in case the Site becomes aware in any other way that the provision of such Customed Product may infringe or appropriate any 3rd party's intellectual property right or that the provision of such Customed Product may require the Site to pay royalties to any third party. By using the Services in connection with a Customed Product, the User hereby acknowledges that the Site is relying upon the truthfulness and authenticity of his representations and covenants concerning the non- infringing nature of the Customed Product, and that the User will indemnify the Site, its owners, shareholders, directors, agents, employees and officers for any damage, loss or deficiency incurred by any of the foregoing in connection therewith.
- Delivery to Users. The Site uses the services of reliable delivery services and couriers. Nevertheless, the Site cannot be and will not be responsible for any damages or delays caused during delivery of products to User once the product has left the Site’s premises. Certain services may not deliver products to certain countries. In other instances, delivery may take longer than expected and products may be damaged during delivery. The Site undertakes no responsibility for any such or similar damage and User accepts such disclaimer. The Site is not and shall not be responsible for any delay cause du to 'Force Majeure' event, and such delay will not be included in the Site's estimated shipping schedule.
- Users are further advised that delivery may be made subject to User physically signing and accepting each delivery. No delivery can be affected to a P.O.B. or in any other manner without such binding adult signature.
- Release from Customs. It is User's sole responsibility to release any product purchased from customs in its own country, and at its own cost.
- Contact with Users. Certain purchases may require us to contact the User directly for certain issues. Upon purchase, please supply a true and active telephone number through which we can communicate with you. Please make sure that such telephone number is personally yours, and that contacting you at this number is acceptable by you and does not spoil any surprise or other intent you had upon Purchase.
- Delivery and Return Policy
All orders from the Site are delivered through 'Fedex' delivery services. Tender of the actual purchase from Fedex shall require an electronic scan of the recipient's ID, in order to verify the recipient's age and identity. As such, recipient should have a valid government-issued photo ID ready at the time of delivery. You hereby acknowledge and agree that you will be liable for any cost or expanse incurred in case the recipient will not present a valid government-issued photo ID to the Fedex personal, including costs for re-shipping or storage. You hereby waive any claim and/or demand towards Best Brilliance Inc. or anyone on its behalf with respect to the storage, process or transfer of any personal information collected by Fedex as part of the ID scanning conducted upon delivery of the order. Fedex' data protection policy is further detailed in: fedex.com/idscan.
Returns or refunds of products purchased is allowed only under the following circumstances:
- In case the product delivered by us does not match the product description appearing in your order confirmation; or
- In case the quality of the product delivered to you falls below of the market standard, as evidence by the opinion of a certified gemologist.
The return of any product purchased has to be accompanied by the following: proof of purchase (such as invoice); any document attached to product purchased (such as certificate, warranty card); and any physical element delivered with the product (such as packaging). Any product returned must be returned unharmed and unaltered.
Each product is delivered with a ticket connected that includes the product's serial number. No refund or return will be allowed in case such ticket is pulled off or removed from the product.
All returns must be accompanied by a Return Authorization Number (RAN). Please contact Customer Service for your RAN prior to shipping your item back to Best Brilliance. Any element not returned may cause expenses or other malfunction for which User shall be responsible. For example, without proof of purchase no treatment may be awarded.
Return address is supplied to Users in the footer of the website.
For all other terms governing the return of products, please use our Shipping and Returns policy.
In case of cancellation of any order more than 24 (twenty-four) hours after the order has been placed, a re-packing fee of 20% from the order price will be charged by us.