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MANISHADIAMOND
is a quick, thrilling and easy way
to buy jewelry online , as also related
items, gemstones,loose diamonds,solitaires,gifts
etc.
The site has been designed
to be user friendly to all users,
but it also has limitations and risks
that you must be aware of before using.
TERMS OF USE
1. Buying through MANISHADIAMOND
is available only to individuals who
can form legally binding contracts
under applicable law. This excludes
in all cases minors (persons who have
not reached their age of eighteenth)..
2. MANISHADIAMOND reserves
the right to modify the Terms of Use
at any time and without prior notice
to its Users. We may add to, change,
delete or end our or Your use of our
service at any time. The service may
be temporarily unavailable from time
to time for maintenance or other reasons.
3. The MANISHADIAMOND
Site may be used only for lawful purposes.
Transmission, distribution or storage
of material or conduct in violation
of any applicable local, state, federal
or foreign law or regulation is prohibited.
This includes without limitation any
unauthorized use of material protected
by patent, copyright, trademark or
other intellectual property right,
material that is obscene, defamatory
or libelous, constitutes an illegal
threat, or violates rights of privacy
or publicity, or violates export control
laws. You may use the information
on our site only to the extent necessary
to facilitate MANISHADIAMOND related
transactions.
4. User understands
and agrees that User is responsible
for all applicable taxes (IF ANY)
and for all costs (IF ANY) that are
incurred in using the MANISHADIAMOND
Site. We may also, in our sole discretion,
add or delete fees associated with
the Service. If any charge is applicable,
we will notify our Users in advance.
Disclaimer of warranties:
1) You agree that use
of the service is at user's sole risk.
The service is provided on an "as
is" and on an "as available"
basis. MANISHADIAMOND disclaims warranties
other than what has been displayed
on the website.
2) Though MANISHADIAMOND
goes all out to service customer requirements,
MANISHADIAMOND makes no warranty that
the service will meet user's requirements,
that the service will be uninterrupted,
timely, secure, or error free; nor
does MANISHADIAMOND make any warranty
as to the results that may be obtained
from the use of the service or as
to the accuracy or reliability of
any information obtained from the
service.
3) User understands
and agrees that any information or
material and/or goods or services
obtained through the service is done
at user's own discretion and risk
and that user will be solely responsible
for any damage resulting from any
transaction.
4) No advice or information,
whether oral or written, obtained
by user from MANISHADIAMOND or through
or from the service shall create any
warranty not expressly stated herein.
5) Limitation of liability.
User agrees that neither MANISHADIAMOND
nor any of its providers of information
shall be liable for any direct, indirect,
incidental, special, consequential
or exemplary damages, resulting from
the use or the inability to use the
service or for cost of procurement
of substitute goods and services or
resulting from any goods, data, information
or services purchased or obtained
or messages received or transactions
entered into through or from the service
or resulting from unauthorized access
to or alteration of user's transmissions
or data or arising from any other
matter relating to the service, including
but not limited to, damages for loss
of profits, use, data or other intangible,
even if MANISHADIAMOND has been advised
of the possibility of such damages.
User further agrees that MANISHADIAMOND
shall not be liable for any damages
arising from interruption, suspension
or termination of service, including
but not limited to direct, indirect,
incidental, special consequential
or exemplary damages, whether such
interruption, suspension or termination
was justified or not, negligent or
intentional, inadvertent or advertent.
User agrees that MANISHADIAMOND shall
not be responsible or liable to user,
or anyone, for the statements or conduct
of any third party of the service.
In sum, in no event shall MANISHADIAMOND's
total liability to you for all damages,
losses, and causes of action exceed
the amount paid by you to MANISHADIAMOND,
if any, that is related to the cause
of action.
6) Some jurisdictions
do not allow the limitation or exclusion
of warranties or of liability for
incidental or consequential damages
so some of the above limitations may
not apply to you.
You give us a non-exclusive,
worldwide, royalty-free, irrevocable,
sublicense able (through multiple
tiers) right to exercise all copyright
and publicity rights, in any existing
or future media, known or unknown,
over the material or User Data displayed
in Your listings or bids. For the
purpose of this Agreement, "User
Data" shall mean all information
(if any) submitted by You, (the "User")
to MANISHADIAMOND with the exception
of trading data, credit card numbers,
checking account numbers, etc. "Individually
Identifiable User Data" shall
mean that subset of "User Data"
which can be reasonably used to identify
a specific individual such as their
name, address, phone number, etc.
The User Data shall be deemed to be
the property of MANISHADIAMOND. You
shall take all reasonable efforts
to ensure that it is accurate and
complete and not misleading in any
way.
7) No Resale or Unauthorized
Commercial Use. You agree not to resell
or assign Your rights or obligations
under these Terms of Participation.
You also agree not to make any unauthorized
commercial use of the Service.
8) Others' Information.
You agree not to make use of anyone
else's Information other than as necessary
to participate in MANISHADIAMOND and
to promptly complete any transactions
in which You are involved.
9) No Agency. There
is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee
relationship between MANISHADIAMOND
and any User of the Service.
10) Notice. Any notice
to You or to us shall be made by either
email or regular mail. We may also
give notice of changes to these Terms
of Participation or other matters
related to MANISHADIAMOND by displaying
notices to Users on the Service.
11) This Agreement
is the complete and exclusive agreement
between the parties with respect to
the subject matter hereof, superseding
any prior agreements and or communications
regarding such subject matter. This
Agreement may only be modified, or
any rights under it waived, by a written
document executed by both parties.
12) The failure of
MANISHADIAMOND to exercise or enforce
any right or provision of these Terms
of Participation shall not constitute
a waiver of such right or provision.
If any provision of these Terms of
Participation is found by a court
of competent jurisdiction to be invalid,
the parties nevertheless agree that
the court should endeavor to give
effect to the parties' intentions
as reflected in the provision, and
the other provisions of these Terms
of Participation shall remain in full
force and effect.
13) User agrees that
regardless of any statute or law to
the contrary, any claim or cause of
action arising out of or related to
use of the Service or the these Terms
of Participation must be filed within
one (1) MONTH after such claim or
cause of action arose or be forever
barred.
14) The section titles
in these Terms of Participation are
for convenience only and have no legal
or contractual effect.
15) Please help us
keep the MANISHADIAMOND site an enjoyable
experience for all Users, if You observe
material or behavior that may violate
one of the terms of participation,
please contact us immediately.
If you're interested
in a piece of jewelry that is currently
on back order, call us and we can
tell you when the item will be back
in stock. Sometimes with the volume
of orders we receive, an item can
go out of stock before we're able
to post notification to the site.
If this happens, we will notify you
personally so we can help you find
another item.
Infrequently, data
may be inaccurately displayed on our
site due to system errors. While we
make every attempt to avoid these
errors, they may occur. We reserve
the right to correct any and all errors
when they do occur and we do not honor
inaccurate or erroneous prices. Our
prices are also subject to change
without notice. We apologize for any
inconvenience that this may cause.
If you have any questions, please
do not hesitate to contact one of
our diamond and jewelry consultants
at info@manishadiamond.com.
At this time, we do
not alter our jewelry. If you'd like
to create a custom piece of jewelry,
you can ask us to build your own ring,
pendant, or earrings as a special
order.
We fully insure each
order all the way to you. That means
that when your order is in transit
to you, shipment is always risk-free.
For added security, it is our policy
that a signature is required for all
MANISHADIAMOND orders, regardless
of any signature waivers you may have
with FedEx or any other courier comapny.
If you prefer, we can
ship your order to an address other
than your billing address. As a security
precaution, we require that your alternate
shipping address be on file with your
credit card company. This step helps
protect you from fraudulent charges
to your credit card.
If you cannot be available
to receive your order on a weekday,
we may be able to arrange for your
order to be delivered on Saturday.
FedEx Saturday Service, available
in the vast majority of US cities,
is subject to availability. If Saturday
Service is unavailable in your area,
we can arrange for you to pick up
your package at the FedEx World Service
Center nearest you.
At MANISHADIAMOND,
we always offer the best value by
providing the lowest possible price.
All our prices are final.
To keep our prices
low, we do not allow comparison purchasing.
Comparison purchasing is the act of
buying several of the same item, keeping
the one you like best, and then returning
the remainder. This causes undue restocking
and inventory overhead and can be
very costly. To confirm the quality
of a jewelry item, please write to
one of our expert Jewelry advisors
at info@manishadiamond.com and we
would be happy to help you make your
choice.
At MANISHADIAMOND,
we make every attempt to ensure that
our online catalog is as accurate
and complete as possible. In order
to give you the opportunity to view
our products in great detail, some
products may appear larger or smaller
than their actual size in our photographs;
and since every computer monitor is
set differently, color and size may
vary slightly.
Our objective is to
provide you with as much information
and detail about your prospective
purchase as possible so that you can
see the beauty and shape of a particular
item. In compliance with industry
standards and FTC regulations, MANISHADIAMOND
states that carat total weight in
all purchases may vary 0.05 carats
from stated weight.
Also, for each item
containing multiple diamonds, we list
the average grade and measurement
for color, clarity, and carat weight.
These averages are calculated by adding
all grades or measurements that comprise
the inventory with regard to that
particular piece of merchandise, and
determining the closest mean.
MANISHADIAMOND is committed
to offering high-quality diamonds,
sourced from the worlds largest
and best suppliers. As responsible
citizens and jewelry merchants, we
share the publics concern regarding
conflict diamonds. At MANISHADIAMOND,
we only purchase our diamonds through
respected, well-established, legal
channels.
In April 2003, President
Bush passed a bill adopting the Kimberly
Process that requires all US diamond
retailers to buy diamonds from manufacturers
who have documentation warranting
that the merchandise was obtained
through legitimate channels. Today,
the US Customs Service is actively
enforcing the Kimberly Process requirements
as diamonds enter American ports.
MANISHADIAMOND supports
the Kimberly Process. Each diamond
cutter we work with obtains diamonds
exclusively from legitimate sources,
and they comply completely with the
Kimberly Process requirements. At
MANISHADIAMOND, we will continue to
support and promote any process that
works to uphold legitimacy in the
diamond trade.
We do not support conflict
diamonds.Conflict diamonds are diamonds
that originate from areas controlled
by forces or factions opposed to legitimate
and internationally recognized governments,
and are used to fund military action
in opposition to those governments,
or in contravention of the decisions
of the Security Council.
Under no circumstances
shall MANISHADIAMOND be liable for
any indirect, special, incidental
or consequential damages of any kind,
regardless of the form of action,
whether in contract, tort (including
negligence), strict product liability
or otherwise, even if we have been
advised of the possibility of such
damages. If you have any questions,
please do not hesitate to contact
one of our jewelry advisors at info@manishadiamond.com
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