Terms and Conditions
1. Acceptance of These Terms
This website (the “Site“), is a copyrighted work belonging to Diamocycle (“we,” “us,” and “our“). These terms of service (the “Terms“) govern your access to and use of the services available on this Site (the “Services“).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND DIAMOCYCLE. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU ALSO WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
DIAMOCYCLE RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME, AND YOU AGREED THAT EACH VISIT YOU MAKE TO THE SITE SHALL BE SUBJECT TO THE CURRENT TERMS AND CONDITIONS AS PUBLISHED ON THE SITE.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
ADDITIONALLY, YOU MUST BE AT LEAST 21 (TWENTY-ONE) YEARS OF AGE TO USE THIS SITE. WHEN YOU USE THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST TWENTY-ONE YEARS OF AGE.
2. License to Use Website
This Site operates as a for-profit business website. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site.
3. Terms and Conditions for Direct Purchase (Does Not Include Marketplace)
I. General requirements for using the website for purposes of solicitation of an offer, sale or submitting an item for evaluation:
a. You must be at least 21 (twenty-one) years of age.
b. You must be acting on you own behalf and not as an agent or representative of any third party.
c. You must be the legal owner of the diamond or other item of jewelry that you are submitting for evaluation, solicitation of an offer to buy, or sale.
d. In the case of diamonds, we will only offer to buy earth-mined diamonds that have not been treated. We will not buy synthetic or man-made diamonds or earth-mined diamonds that have been treated.
e. You agree to indemnify Diamocycle in accordance with the Terms and Conditions set forth in 19 below.
f. You represent and warrant that you satisfy the requirements of a, b and c and agree to be bound by the terms and conditions set forth in these Terms and Conditions.
II. How to solicit a conditional offer for a diamond that is accompanied by a GIA Certificate:
a. Apply on the Site to solicit a conditional offer for your diamond
b. Provide the GIA Certificate number.
c. Provide your name, shipping address, and an email address or other preferred contact information
d. We will provide you (through the means specified by you) with a conditional quote. This quote is conditioned on our receipt and favorable inspection of the item to confirm that it comports with the description in the GIA Certificate and has not been damaged or altered since the date of the GIA Certificate.
e. If you accept our conditional quote, you will be asked to ship the item to us along with its GIA Certificate and a signed Acceptance of Conditional Offer, confirming that you are the rightful owner of the item, that you are selling the article to us at the Conditional Offer price and that you agree that our offer is conditioned upon our favorable inspection of the item and confirmation that it comports with the GIA Certificate and has not been damaged, altered or treated. You will authorize us to remove the diamond from any setting in order to facilitate our inspection and evaluation. We will send you a free insured shipping kit, including a prepaid shipping label (US Postal Service, UPS or FedEx), an Acceptance of Conditional Offer for you to sign, and instructions for shipping the diamond. See Insurance in [ ] below.
f. We will confirm to you by email or phone or both, as you specify, that the diamond has arrived.
g. Following our favorable approval of the diamond and other required materials we will make payment in accordance with 5 below. If we determine in our discretion that the diamond does not comport with its GIA Certificate or has been damaged or altered or since the issuance of the certificate or has been treated, we will so notify you and return the item to you as described in [ ] below.
h. If you don’t accept our conditional quote based on the GIA Certificate and wish to submit the diamond for evaluation, please contact us on +1 866 941 3684.
III. How to solicit an offer for a diamond that is NOT accompanied by a GIA Certificate or any item of jewelry other than a diamond.
a. Apply on the Site to submit a diamond or other item of jewelry for evaluation and to solicit a possible offer.
b. You will be asked to describe the diamond or other item of jewelry and provide your name, shipping address, and your email address or other preferred contact information.
c. If we accept the diamond or other item of jewelry for evaluation, we will send you a free insured shipping kit including a prepaid shipping label (US Postal Service, UPS or FedEx) and instructions for shipping. See Insurance in [ ]below.
d. You will then ship the diamond or other item of jewelry to us and include in the package a copy of your passport or driver’s license, proof of address (utility bill or governmental identification). You will also authorize us to remove the diamond from any setting in order to facilitate our inspection and evaluation and agree that Diamocycle shall not be responsible for any damage to the setting or diamond or other item of jewelry associated with its removal from its setting. At some point, we may also ask you to provide proof of ownership.
e. We will confirm to you by email or phone or both, as you specify, that we have received the diamond or other item of jewelry and the other required materials.
f. Upon our receipt of the diamond or other item of jewelry and all other required materials as described above, we will inspect it and may (in our discretion) email you an offer.
g. You will notify us by email of your acceptance or rejection of our offer.
h. If you accept our offer, payment will be made in accordance with [ ] below. If you reject our offer, return of the diamond or other item of jewelry will be made as described in [ ] below. We will send you a prepaid FedEx or UPS label, together with shipping instructions, for this purpose.
IV. Security Procedures. Your package will be opened under video monitoring, and video footage will be saved to protect you against fraud.
V. Payment Procedures. Payment will be made via company check. We strive to overnight the check within 72 hrs. following receipt and favorable inspection of an item for which we have made a conditional offer or within 72 hours of your acceptance of an offer, we make for a diamond or other item of jewelry that has been submitted for evaluation. If we send the check by overnight postal or courier service, we will require a signature on receipt.
VI. Returns. We endeavor to return items that have failed inspection or for which you have rejected a purchase offer within 3 Business Days. Returns will be made free of charge to the shipping address you have specified. A signature will be required by the receiving party. We cannot be responsible for delays in shipping or payment due to circumstances beyond our control.
VII. Settings. At the time of submission of a diamond or other item of jewelry for inspection or sale, you will be required to sign a waiver authorizing Diamocycle to remove the diamond or gemstone from its setting. All diamonds and other items of jewelry will be returned unmounted (along with their settings) and Diamocycle assumes no responsibility for any damage to the diamond or the setting associated with the removal of the diamond or gemstone from its setting. If you accept our offer to purchase a diamond or other item of jewelry and wish to have your setting returned, we will return it with an insured value determine by us but not to exceed $600 unless we agree in writing to a higher amount of coverage below.
VIII. Insurance. Shipping of items submitted in connection with conditional offers will be insured up to the amount of the conditional offer. In the case of diamonds or other items of jewelry submitted for evaluation only, shipping will be insured in an amount determined by us in our reasonable discretion based on the description of the piece that you have provided. In such cases, we will notify you in advance of the insurance amount that we propose and we will not send the shipping kit until you confirm that you agree to this amount of insurance cover. In the case of a cancellation of an offer that you have accepted, your diamond or gemstone will be insured in the amount of our last offer. Insurance for settings being returned to you shall in no event exceed $600 unless we agree in writing to a higher amount of coverage for the setting.
IX. Cancellation. You may retract or cancel your acceptance of an offer at any time before Diamocycle posts its check for payment. In such case, any diamond or other item of jewelry will be returned to you in accordance with 6 above in the case of diamonds and gemstones and 7 above (in the case of settings). All such returns will be insured in accordance with 8 above.
X. Terms & Conditions of our Diamocycle Marketplace Service.
a. By using our Diamocycle Marketplace Service (the “Site”), you acknowledge your assent (agreement), without modification or limitation, to these Terms and Conditions . By accessing the Site, you are agreeing to be bound by these Use Terms & Conditions and all applicable laws and regulations. You agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms do not access, view, obtain goods or services from or otherwise use the Site. This Site is made available by Diamocycle. These Terms & Conditions apply to all visits to the Site both now and in the future.
b. Terms of Agreement. The term “User” refers to you as a “visitor” to this site. The site is an online marketplace where: Sellers list or post products (which include but may but necessarily be limited to loose diamonds, diamond jewelry, engagement rings, watches, wedding rings, gemstone rings, earrings, necklaces, and bracelets) (collectively “Items”) for sale and potential buyers locate and connect with sellers directly in anticipation of a transaction. Diamocycle only provides the venue for buyers and sellers to find and engage in a transaction. Our Diamocycle Marketplace Service never purchases, holds, or transfers title to any Item, it simply provides a service enabling individuals to sell and buy Items.
By using our Diamocycle Marketplace Service (the “Site”), you acknowledge your assent (agreement), without modification or limitation, to these Terms & Conditions). By accessing the Site, you are agreeing to be bound by these Web Site Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms do not access, view, obtain goods or services from or otherwise use the Site.
c. Seller Agreement. If you are a Seller, you agree to: truthfully and honestly represent the item you are listing for sale on our Diamocycle Marketplace Service with entirely correct and accurate information. You will truthfully and honestly provide entirely correct and accurate information when completing the required personal information section on your user account on our Diamocycle Marketplace Service. You will provide actual photographs of the item that you are listing for sale on our Diamocycle Marketplace Service. You will not amend or doctor any photograph that you post on the Site when listing an item for sale. You will not list non-authentic, stolen, or misleading items for sale on the Diamocycle Marketplace Service. Once your item is sold, you will send the exact item listed and sold to Diamocycle Marketplace Service within two business days according to the process described in the Selling Guide. You will not contact a buyer or any prospective buyer. You will not negotiate outside the scope of our Diamocycle Marketplace Service, under penalty of being banned from the site and charged a termination fee. You will not contact and negotiate with anyone who has seen or is aware of the item(s) you are listing for sale using our Diamocycle Marketplace Services outside of the site, or outside of the Diamocycle Marketplace Service. You will abide by the rules and procedures contained in the Selling Guide, Marketplace Return Policy, and Verification Policy.
d. Buyer Agreement. If you are a Buyer, you agree to: Not purchasing any Item without the intention to go through the full purchase process of the item. You will not use a stolen or unauthorized credit card to purchase an item. Nor will you use a credit card for which the billing and shipping addresses differ. If an Item you purchased is lost or damaged during shipping, you will contact UPS or Fedex directly to resolve the matter. Our Diamocycle Marketplace Service will not be involved in any such disputes. On receipt of an Item from our Diamocycle Marketplace Service, you will not damage Item and later claim that the damage was already in existence before your receipt of the Item. You will not contact a seller or any prospective seller to purchase or negotiate outside the scope of the Site. You will abide by the rules and procedures contained in the Buying Guide, Marketplace Return Policy, and Verification Policy.
At times we may need to send you communications related to the Site or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and disclose the information you submit to the Site if we are required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of Diamocycle, its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
6. Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction.
7. International Use and Compliance
This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that our use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
We do not knowingly collect personal information or data from visitors under 21 years of age. You may not use this site if you are under the age of 21.
9. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such action may include, but is not limited to, initiating proceedings to recover any losses, and reporting you to law enforcement authorities.
10. Rights and Ownership
Unless otherwise stated, Diamocycle owns all intellectual property rights in the Site and its contents. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or Services without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.
This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIAMOCYCLE INCLUDING ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, AND AGENTS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Diamocycle and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
15. Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, or other reasonable means.
16. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services.
17. Dispute Resolution
Unless both parties agree otherwise, you and Diamocycle agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement.
You and Diamocycle agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
18. General Terms
a. Entire Agreement
In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
b. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
d. Cumulative Rights
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
e. Law and Jurisdiction
These terms shall be governed by, and will be construed under, the laws of Washington State, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in Washington State, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
19. Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
20. Feedback and Complaints
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
21. Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us through the Contact Us link on the Site.