Diamonius.com is a website owned and operated by Worthington-Bronfman Ventures Inc.
The Terms and Conditions for the Supply of Goods through Diamonius.com is connected to the User Agreement for Worthington-Bronfman Ventures Inc., a company with a registered address at 2299 Stone Glen Crescent, Oakville, Ontario, L6M 0C9.
This service is operated by Diamonius.com (Diamonius.com and by Worthington-Bronfman Ventures Inc each separately and together in this Agreement, “we”, “us” or “our”).
Diamonius.com receives payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by Diamonius.com we will confirm that your order has been received by sending an email to you at the email address you provide in your order form. This is not an Order Acceptance from Diamonius.com Our acceptance of your order takes place on the despatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between Diamonius.com Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods on this site. If you do not qualify do not use this site.
2.1 The prices payable for goods that you order are as set out in our website.
2.1.1 All of our prices are in US Dollars. You will be billed in US Dollars and if you purchase from outside the US, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
2.2 You may be required to pay extra for delivery and it might not be possible for Diamonius.com to deliver to some locations. Our delivery charges are set out in our website and at times we offer Free Shipping.
2.3 Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
3.1 Our commitment to absolute customer satisfaction does not end after the sale. We have a hassle-free, no questioned asked return and exchange policy. In the unlikely event you are not 100% satisfied with your purchase for any reason, you can return or exchange your order within 14 days of receiving it. Orders should be returned to our warehouse for a refund minus a $22 restocking fee. Once your return is received it will inspected and a refund will be processed and applied to the original method of payment.
3.2 Once you have notified Diamonius.com that you are returning your goods, any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of your returning your order PROVIDED THAT the goods in question are returned by you and received by Diamonius.com in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
3.3 We warranty our products against defects for 60 days. If an item is found to be defective (i.e heavy tarnishing) then the item can be returned to our gemologist for evaluation. If we detemine there has been a manufacturer's defect and there are no signs of abuse ( i.e. impact damage, exposure to chemicals etc.) we will send a replacement of the exact same item. If the item is no longer in stock then you have the option to select another item from our website of equal value as a replacement.
4.1 We reserve the right to cancel an order if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we cannot deliver to your area; or
4.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Diamonius.com from our suppliers; or
4.1.4 if your transaction is suspected of being fradulent
4.2 If we do cancel your order we will notify you by email or by telephone, and will re-credit to your account any sum deducted by Diamonius.com from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5.1 We will deliver the goods ordered by you to the address you give Diamonius.com for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give Diamonius.com is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
5.2 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.3 We make no promise that materials on our website are appropriate or available for Diamonius.come in locations outside the US and Canada, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the US or Canada, you do so on your own initiative and are responsible for compliance with local laws.
5.5 If your order is returned to Diamonius.com because the courier or postal service could not complete the delivery to you for whatever reason, then you may be responsible for the repeat delivery cost, even if the item was shipped under Free Shipping.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify Diamonius.com by email of the problem within 7 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 14 working days of the date on which you ordered them, we shall have no liability to you unless you notify Diamonius.com by email or telephone at our contact address of the problem within 21 days of the date on which you ordered the goods. If you notify Diamonius.com of a problem under this condition, our only obligation will be, at your option either:
6.2.1 to make good any shortage or non-delivery; or
6.2.2 to replace any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify Diamonius.com of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6.6 We cannot be held responsible for any delays once the goods have left Diamonius.com and are in possession of the courier.
Unless otherwise expressly stated in these terms and conditions, all notices from you to Diamonius.com must be in writing via our contact for or by writing to our Canadian mailing address and all notices from Diamonius.com to you will be displayed on our website from time to time.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.1: Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement
10.2 Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Diamonius.com, including advertisers. Diamonius.com has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Each and every transaction carried out is deemed to be completed within Ontario and therefore shall be governed by and interpreted in accordance with Ontario Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with Ontario regulations.
12.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
Worthington-Bronfman Ventures Inc. is the operator of Diamonius.com. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by Diamonius.com in respect of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights. Diamonius and Diamonius.com are unregistered trademarks of Worthington-Bronfman Ventures Inc.
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using this Website.