Terms and Conditions

Welcome to Best Brilliance, your personal online store for diamonds, diamond rings and other jewelry (the "Site"). Our Site allows you to choose between loose diamonds, ready-made designs, and designing your own ring. We are here to help you in every step of the way, from diamond education to choosing your diamond or jewelry, shipping it to you and ensuring a safe and speedy delivery.

In these Terms, the "Site" shall also include, where appropriate, the owners of the site, and any relevant application or other manner which provides for the operation of the Services which the Site provides, on any platform or device, entity owning the Site, its subsidiaries, affiliates shareholders, directors, officers, managers, employees, agents, partners, contractors and any other representatives.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, DUTIES, SCOPE OF REMEDIES, ETC.

Last Updated: October 2023.

1. Term And Validity

The terms hereunder and any other policy or provisions published by the Site or applying to any Service or software you may make use of, including, without limitation, the privacy policy available at https://bestbrilliance.com/pages/privacy-policy (together or separately, as relevant, the "Terms") constitute a legally binding agreement between Best Brilliance, Inc. and the User with respect to the access and/or use of the Site and any of the features and/or services provided thereunder on any platform, including with respect to products supplied to any User (collectively, the "Services").

- Binding Agreement. By entering the Site or making any use of the Services (including any purchase of any products offered in the Site), you, the User, hereby consents to be bound by these Terms, whether you just browse through the Site, make any use or communication with the Site, or have any other connection to the Site (a "Visitor"), or choose to become a member thereof and open an account ("Member"). "User" " under these Terms shall consist both of Visitors and of Members, and these Terms shall apply to you, whether you are a Visitor, or a Member.

ANY USE OF ANY KIND OF THE SITE OR ANY OF ITS FEATURES AND/OR SERVICES SHALL CONSTITUTE AN AGREEMENT TO THESE TERMS. PLEASE DO NOT MAKE ANY USE OF THE SITE, ITS FEATURES OR THE SERVICES UNLESS YOU AGREE TO THESE TERMS.

- No Commercial Use. Users of any kind may use the Site only for personal, non-commercial purposes. No right to resell, distribute, advertise, publish, copy, duplicate, or alter any of the products sold (including any product re-adjusted for a specific User), materials, designs, photos, formulae, processes, architecture, sketches and any other proprietary information or data displayed in the Site is granted by virtue of being a Visitor, becoming a Member, or placing an order. The Site is and shall remain the exclusive owner of all rights, title and interest to any such products, materials, designs, photos, formulae, processes, architecture, sketches and any other proprietary information or data displayed.
- 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 or top of the page the date in which these Terms were last modified. 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.

2. Registration To the Site and Services

- Details Upon Registration. Upon registration, you shall be asked to choose a username, a password and supply a valid and active email address, an active and personal phone number, and a physical address.

- 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. It is your responsibility to keep the password private and confidential at all times. Any use (or misuse) of the password shall be under the User's sole responsibility.

- Liability for Misuse. Users shall be solely responsible and liable for any use made with their account, whether such use is authorized or not. Any use of an account username or password of any User, except your own use, is strictly forbidden. If you suspect unauthorized use of your account, you are to notify the Site (at our "contact us" page at https://bestbrilliance.com/pages/expert-advice subject: Unauthorized use of my account), and supply the Site with all available to you that may be relevant to the Site in order to cease such unauthorized use. In such instance you should change your password immediately.

- The Site reserves the right to charge for the Membership or for any of its Services and/or to change its fees and/or its fee policy, from time to time in its sole discretion. The Site may also decide, under its sole discretion, to terminate any User's account, its membership and/or the provision of any of the Services, for any reason whatsoever (including but not limited to breach or alleged breach of any law, breach or alleged breach of these Terms or any other wrongful or alleged wrongful activity) at its sole discretion.

3. Purchasing Products on The Site

- A purchase made on the Site will only be binding after the Site has issued an acceptance notice. The display of products on the Site is not and shall not be deemed as a contractual offer, but only as an invitation to offer. If a User orders product, such order shall be regarded as an offer and only upon issuance of the Site's notice of acceptance (by email, internal messaging or any other manner) the transaction shall be regarded as 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 order is specifically accepted by the Site. The Site reserves the right to correct any errors and to update 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, gemstones, diamonds, rings and other items. Availability of the merchandise displayed in the Site may vary at any given time, and certain items displayed may not be available. 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 for sale. In case you have purchased an item that is not available, we will do our best efforts to retrieve such an item but cannot guarantee that. Obviously, if you have purchased an item that cannot be delivered, you will not be charged, and if you were charged, we will reimburse you for the amount charged.

- Merchandise Display. The Site takes significant efforts in displaying the items as accurately as possible. Unfortunately, several 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. Additionally, the need to adjust a displayed item to the exact finger size ordered may require small alterations or variations in the quantities the of the materials used, including, in some cases, the number and carat of the diamonds and other gems actually embedded in the item. The User shall not be entitled to any price adjustment or deduction in case of variations and/or alterations resulting from the need to adjust a displayed item to the exact finger size ordered.

- Pricing. The prices displayed on the Site are quoted in USD (United States Dollars) and are valid and effective on the time quoted. Based on the User address provided, applicable sales tax will be added during check-out to the price appearing in the Site for purchases made in the United States. Any sale in any other territory will may also be subject to additional payments, such as delivery fees, insurance, conversion rate, levies, tariffs, taxes, etc. For additional information, please see the paragraph below concerning 'Release from Customs'. Prices are subject to change at any time prior to completing a transaction.

- Documentation of Diamonds. All diamonds sold in the Site are documented using third-party services such as laboratories and professional assessors. Any and all responsibility for such documentation rests upon the relevant third-party, and the Site assumes no responsibility or liability for the accuracy and/or completeness of such documentation.

- Appraisal Certificate. Orders consummated may be additionally accompanied by an ' Appraisal Certificate ' 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 the Site. The accuracy and reliability of such certificate is of foremost importance to the Site. However, the Site cannot and does 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.

- 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 provision, the Site may, in its sole discretion, limit or cancel quantities purchased per person, per household, per paying entity 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, it will attempt to notify the relevant User by contacting the e-mail and/or billing address/phone number provided at the time of the Purchase.

- Finger Sizes. Subject to the provisions of these Terms, any User may request, when ordering, adjustments of any ring to any relevant finger-size. Such request upon Purchase is free of charge and included in the displayed price. Nevertheless, all adjustment requests of ring sizes after an order has been completed (including after product has been delivered to the address specified in the order), will be subject to additional payment and will not be made until and if payment is received.

- Any treatment of any kind (maintenance, brightening, cleaning, stretching, coloring, stone replacement etc.) of any product by any third party, any physical harm, intentional damage, or misuse removes any and all warranties and guarantees to such product. The Site will not assume any responsibility whatsoever in such a case.

- No responsibility for inlays or engravings. In any event a User provided 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 the said jewelry, the Site shall have no responsibility and provides 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 warranties disclaimers above shall apply. For the avoidance of any doubt, inlays and engravings are subject to the payment terms detailed on the relevant Site page.

-Coupon Policy (Registration Discount): Users who register on our website are eligible for a discount of $100 or a percentage discount off their purchase, applicable to orders with a total value of $2,000 and above. The specific discount amount or percentage may vary depending on the coupon code or promotion provided during the registration process.

• The Registration Discount is valid only for orders with a total value of $2000 or more.
• The discount amount or percentage may vary, and it will be specified in the coupon or promotional code.
• Users must apply the provided coupon code during the checkout process to receive the discount.
• The Registration Discount is not transferable, redeemable for cash, or combinable with other promotions, unless explicitly stated otherwise.
• The Registration Discount is subject to change or discontinuation at the sole discretion of Best Brilliance Inc.

Please note that this is just an example, and you can customize it according to your specific coupon policy and the terms you wish to apply to the Registration Discount on your website. Make sure to consult with legal counsel to ensure your terms and conditions are compliant with any relevant laws and regulations.

4. Delivery and Return Policy

- 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 service providers and/or couriers 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 and waives any claims and/or demands in connection thereto. The Site is not and will not be responsible for any delay cause due to a '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. The Site does not warrant that the products offered will be free from any import levy, tariff or restriction in the destination territory. For purchases from outside the United States, the final amount payable by the User for the product ordered may be determined only when the respective product reaches the customs authority in the destination territory. In placing an order, the User undertakes towards the Site to release any product ordered from the customs authority in the respective destination territory. User acknowledges that in case he/she/it does not release the products ordered from the customs authority in the respective destination territory, the Site may be imposed with fines, fess and penalties by such customs authority. User shall indemnify the Site and fold it harmless for any cost, expense, fine, fee or payment the Site will incur in case the User does not timely release the products ordered from customs. By providing a payment method to the Site (whether credit card, debit card or any other form of payment) and placing an order, the User also grants the Site an irrevocable right to charge the payment method provided with the amount incurred by the Site as a result of the User's failure to comply with its foregoing release duties.

- 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.

- 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 personnel, including costs for re-shipping or storage. You hereby waive any claim and/or demand towards the Site 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:

• Subject to the provision of these Terms, in case the product delivered by the Site does not match the product description appearing in your order confirmation; or
• In case the quality of the product delivered to you substantially falls below 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), including a ticket attached to the product. Any product returned must be returned unharmed and unaltered. All returns must be accompanied by a Return Authorization Number (RAN) and the ticket originally attached to the product. Please contact customer service for your RAN prior to shipping your item back. Any element not returned may cause expenses or other malfunction for which you shall be responsible. For example, without proof of purchase no treatment may be awarded.

A Prepaid label will be provided to customers for hassle free returns. When returning a product, please ensure that you pack the item inside the box securely. Seal the ends of the box with extra tape to help prevent break-in. Envelopes or padded packs will not be subject to insurance coverage. The Site will not be liable and will not compensate you in case the Site receives an empty envelope that was not packed in accordance with the foregoing instructions and in full compliance with our Shipping and Returns' policy.

Note that the courier's insurance liability only covers replacement of the product(s) with an identical product in terms of details and value, and no monetary compensation, refunds, or partial refunds shall be made under any circumstances.
Any claims for lost packages must be submitted in writing to our customer service team within 24 hours of the estimated delivery date. Failure to report within this period may result in the voiding of the insurance claim.
Before a replacement will be processed, User may be required to provide evidence or cooperate with any investigations conducted by the courier to confirm the loss of the package.

For all other terms governing the return of products, please our Shipping and Returns policy.

Please note that 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.

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