Terms and Conditions
Last updated: October 3, 2024
Terms and Conditions
These Terms and Conditions apply to the BZ Diamond website located at www.bzdiamond.ae (the “Site”) and any other affiliated websites or services that expressly incorporate these Terms and Conditions (“Terms”). By accessing or using this Site in any way, including browsing products or placing an order, you agree to these Terms and Conditions. Please read these Terms carefully. If you do not agree with these Terms and Conditions, please do not access or use the BZ Diamond Site. Certain products or services offered through the Site may be subject to additional policies, guidelines, terms, or agreements (“Additional Terms”). If there is any inconsistency between these Terms and the Additional Terms, the Additional Terms will govern with respect to the applicable product or service. BY VISITING, ACCESSING, OR USING THIS SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO BROWSING, REGISTERING, OR MAKING PURCHASES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Change of Terms
BZ Diamond reserves the right, at its sole discretion, to revise or add new terms to these Terms and Conditions from time to time without prior notice to you. Any such revisions or additions will become effective immediately upon being posted on the BZ Diamond Site, or through any other form of notice that BZ Diamond may choose to provide. You are responsible for regularly reviewing the Site to stay informed of any changes that may impact your rights or obligations. Your continued use of the BZ Diamond Site after any changes or modifications have been posted will constitute your acceptance of the revised Terms and Conditions. If you do not agree to the updated terms, you must discontinue your use of the Site immediately.
Intellectual Property
The Site and all content and materials available on it, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, “look and feel,” information, data, sound files, and other files and software (collectively, the “Content”) are the proprietary property of BZ Diamond, its affiliates, licensors, or users and are protected by United Arab Emirates and international trade dress, copyright, patent, and trademark laws, as well as other intellectual property rights and unfair competition laws. Copyright in the documents and material on the BZ Diamond Site is owned by or licensed to BZ Diamond. You are authorized to use this material solely for personal, non-commercial purposes. You may download, print, and store copies of the material for personal use only. Nothing on the BZ Diamond Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, service marks, or intellectual property displayed on the Site without the prior written consent of BZ Diamond or any third party that may own such trademarks or service marks. BZ Diamond will enforce its intellectual property rights to the fullest extent of the law.
Trademarks
BZ Diamond, the BZ Diamond logos, and any other product or service names or slogans contained on our Site are trademarks of BZ Diamond and/or its licensors, and may not be copied, imitated, or used, in whole or in part, without prior written permission from BZ Diamond or the applicable trademark holder. You may not use any metatags or other “hidden text” utilizing “BZ Diamond” or any other name, trademark, product, or service name of BZ Diamond without our prior written consent.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use the BZ Diamond Site and to electronically copy and print portions of the Site materials for your informational, non-commercial, and personal use only. This license is subject to these Terms and does not include:
- Any resale or commercial use of our Site or the materials contained therein;
- The collection or use of any product listings, pictures, or descriptions for commercial purposes;
- The distribution, public performance, or public display of any materials from the Site;
- Modifying or otherwise making any derivative uses of our Site and its materials, or any portion thereof;
- The use of any automated means to access, monitor, or interact with any part of our Site, including data mining, robots, spiders, scraping, or similar data gathering and extraction methods;
- Downloading (other than page caching) of any part of our Site, the materials on it, or any information contained therein, except as expressly permitted on the Site;
- Causing any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else to appear that minimizes, covers, frames, or inhibits the full display of the Site;
- Using the Site in any way that interferes with the normal operation of the Site; or
- Any use of the Site or its materials other than for its intended purpose.
Any use of the BZ Diamond Site or its materials beyond what is specifically authorized in these Terms, without prior written permission from BZ Diamond, is strictly prohibited and will result in the termination of the license granted herein. Unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated in these Terms, nothing herein shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license may be revoked at any time
Information on Our Site
Information on Our Site and Product Policies
Any information communicated by BZ Diamond, whether through our website, email, chat, or telephone, is not a binding contract and should not be treated as such. If a customer acts on incorrect information, their sole remedy is to request a cancellation of the order. If the order has already been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual price and the charged price. Please refer to our Return Policies for further details.
Inventory and Product Availability
BZ Diamond maintains a dynamic and high-volume inventory of diamonds, and product availability on our website is listed “as is” and is subject to change. If a diamond is out of stock after an order is placed, we will notify the customer promptly with possible alternatives. Diamond images on the Site may appear larger or smaller than their actual size due to variations in monitor settings, and colors and sizes may vary slightly when viewing product photography.
Carat Weight and Product Specifications
In accordance with industry standards, the total carat weight for diamonds may vary by up to 0.05 carats from the stated weight. For diamonds set in collections containing multiple diamonds, we provide either a minimum or average total carat weight. If stated as a minimum, all diamonds in the piece meet or exceed the specified quality. If expressed as an average, the overall quality meets or exceeds the stated grade.
Diamond Origin and Disclaimer
BZ Diamond provides information regarding the origin of natural and lab-grown diamonds based on the data provided by suppliers and their adherence to our chain of custody protocol. While we make reasonable commercial efforts to ensure the accuracy of this information, we do not offer any guarantees or warranties, whether express or implied, regarding diamond origin. This limitation of liability applies to anyone viewing or purchasing BZ Diamond diamonds, as well as anyone who may acquire BZ Diamond diamonds thereafter. All representations regarding diamond origin are provided to the best of our knowledge but without any guarantee or warranty of any kind.
Account Responsibility and Service Terms
When you access or use the BZ Diamond website or your personalized BZ Diamond account, you are solely responsible for maintaining the confidentiality of your account details, including your password, and for restricting access to your computer or device. You are also responsible for all activities that occur under your account. If you are under 18 years old, you may use BZDiamond.ae only under the guidance and supervision of a parent or guardian. BZ Diamond reserves the right, at its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders at any time. In the event that a customer files a chargeback, BZ Diamond reserves the right to recover any direct or indirect costs associated with the chargeback. Additionally, any promotional items, free shipping, or other benefits provided in connection with the original purchase may be revoked at BZ Diamond’s sole discretion.
Diamond Grading Reports
Customers who purchase loose natural diamonds from BZ Diamond can access the online certificates directly from our website. For lab-grown diamonds with GIA grading reports, the certificates are also available on the website. In addition to the online certificates, a physical copy of the diamond grading report will be included with your order. These grading reports are comprehensive documents created by expert diamond graders from highly respected laboratories. Due to the high cost of replacing these reports, BZ Diamond requires the original diamond grading report to be included with any returned diamonds. If the grading report is not included with the returned diamond, a replacement fee of two hundred and fifty dollars ($250.00) will be charged.
Order Confirmation and Cancellation Policy
Receipt of an order confirmation message from BZ Diamond only confirms that we have received your order request. Customer orders are not officially accepted by BZ Diamond until they have been processed and approved at our headquarters. BZ Diamond reserves the right, at any time and for any reason, to cancel products or services for any customer. In the event that BZ Diamond cancels an order, the customer’s sole remedy will be a full refund of any payments made for the canceled products and/or services.
Privacy
Please review our Privacy Policy, which governs your visit to this site and provides details on how BZ Diamond collects, uses, and discloses personally identifiable information from its customers. BZ Diamond reserves the right to cooperate with legitimate governmental requests, subpoenas, or court orders, and to protect the integrity of BZ Diamond’s systems and customers. In such cases, BZ Diamond may access and disclose any information it deems necessary or appropriate, including, but not limited to, user profile information (such as name and email address), IP addresses, traffic information, usage history, and any posted User Content. BZ Diamond’s right to disclose such information takes precedence over any conflicting terms in our Privacy Policy.
Termination for Copyright Infringement
In accordance with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”), BZ Diamond reserves the sole discretion to terminate and bar specific website users or BZ Diamond account holders who, under appropriate circumstances, are determined to be repeat infringers. BZ Diamond further reserves the right to limit access to the website and/or terminate the account of any users whom BZ Diamond reasonably suspects of infringing on the intellectual property rights of others, whether or not repeat infringement has occurred.
Third-Party Advertisements and Promotions
BZ Diamond may feature advertisements and promotions from third parties on our website. These advertisements and promotions are managed solely by the third parties, and BZ Diamond is not responsible or liable for any loss, damage, or liability incurred by you as a result of your interactions or dealings with these third-party providers or due to their presence on our website. Any business transactions, correspondence, participation in promotions, or dealings with advertisers other than BZ Diamond, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, drawings, original or creative materials, or other information provided by you to BZ Diamond regarding this website, BZ Diamond, or its products and services are not confidential. Upon submission, such feedback and submissions shall become the sole property of BZ Diamond. BZ Diamond shall hold exclusive rights, including all intellectual property rights, to said feedback and submissions and shall be entitled to the unrestricted use and dissemination of such content for any purpose, whether commercial or otherwise, without acknowledgment or compensation to you. By submitting content, you grant BZ Diamond and its sublicensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all rights to the content you submit or have the right to submit such content; (b) the content is accurate and not misleading; and (c) the use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Use of Social Media Content
At times, BZ Diamond may reach out to social media users to request permission to feature their content on our website, social channels, or in promotional materials. We may seek your consent to use your social media User Content, which can include photos, text, graphics, audio, video, comments, and other materials from social media sites, in connection with BZ Diamond’s business, product features, marketing, promotional, advertising, and other consumer-related activities. By granting BZ Diamond permission to use your social media User Content, you are providing BZ Diamond, along with its agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (collectively, the “Licensed Parties”), a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner determined by the Licensed Parties. This includes, but is not limited to, use on websites and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any marketing, promotional, and advertising initiatives across any media now or in the future. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter, and/or edit your social media User Content in their sole discretion, without any obligation to you.
In addition, by granting permission, you also allow the Licensed Parties to use your username, real name, image, likeness, descriptions, location, or other identifying information, including your voice, in connection with the use of your social media User Content. You further represent and warrant that: (i) You are solely responsible for your social media User Content; (ii) You own all rights to the social media User Content or have obtained proper permissions from any relevant parties; (iii) You are not a minor; (iv) The Licensed Parties’ use of your social media User Content as described will not violate any rights of third parties, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights, and will not violate any law or regulation; (v) The social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or otherwise unlawful. Please note that any social media User Content submitted is considered non-confidential, and the Licensed Parties have no obligation to maintain its confidentiality, except as specified in the Licensed Parties’ privacy policies. By using our website, you consent to the Licensed Parties’ collection and use of any personal information you provide in connection with the use of your social media User Content. Your personal information may be transferred to servers outside your country or to third parties in other countries for processing on behalf of the Licensed Parties. By providing personal information, you consent to its collection, use, disclosure, and processing in accordance with these Terms, BZ Diamond’s Privacy Policy, and applicable data protection laws. The Licensed Parties reserve the right to remove any social media User Content from our website. If you believe that any content on the Site infringes on anyone’s copyright, please contact BZ Diamond for assistance.
Limitation of Liability
BZ Diamond provides the materials on this Site “as is” without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. BZ Diamond does not guarantee that the content on the Site, including the product descriptions or any other information, is accurate, complete, or current. BZ Diamond makes no warranty that the Site will be available, uninterrupted, secure, or error-free, or that any defects will be corrected. You acknowledge that your use of the BZ Diamond Site is at your sole risk. BZ Diamond makes no representations or warranties regarding the quality, accuracy, or reliability of any content or information provided on the Site. Furthermore, BZ Diamond does not warrant that any information provided regarding diamond origin is error-free or without omissions.
Indemnification
You agree to defend, indemnify, and hold harmless BZ Diamond, its independent contractors, service providers, consultants, and its affiliates, along with their respective directors, officers, employees, and agents, from and against any and all claims, losses, damages, liabilities, expenses, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or related to your breach of these Terms and Conditions or your access to, use of, or inability to use the BZ Diamond Site. This includes, without limitation, any actual or threatened suit, demand, or claim made against BZ Diamond, its independent contractors, service providers, employees, directors, or consultants, arising out of or in connection with your conduct, your violation of these Terms and Conditions, or your infringement of the rights of any third part
Third-Party Links
Links to other websites and services operated by third parties, including BZ Diamond vendors, do not constitute sponsorship, endorsement, or approval by BZ Diamond of the content, policies, or practices of such linked sites or services. BZ Diamond is not responsible for the availability, content, security, policies, or practices of linked sites or services. This includes, without limitation, the accuracy of content on linked sites and the privacy policies and practices of those sites or services.
Termination of Access
Notwithstanding any of these Terms and Conditions, BZ Diamond reserves the right, without notice and at its sole discretion, to terminate your license to use this Site and to block or prevent your future access to and use of the Site.
Dispute Resolution and Waiver of Class Action
You and BZ Diamond each acknowledge and agree that, for any dispute, claim, or controversy between us, whether related to BZ Diamond’s Site, products, or services:
- You and BZ Diamond are each waiving the right to a trial by jury.
- Any litigation shall be conducted in our individual capacities and not as a class action or other representative action.
- Any declaratory or injunctive relief may only be awarded on an individual basis, and only to the extent necessary to provide relief warranted by the individual claims.
- You and BZ Diamond expressly waive any rights to file a class or representative action or to seek relief on a class or representative basis. This means that you and BZ Diamond may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity.
- Notwithstanding the above, you and BZ Diamond each retain the right to participate in class-wide settlements of claims.
- You and BZ Diamond further acknowledge and agree that, if any portion of this section is determined to be invalid, illegal, or unenforceable, the remaining portions of this section and these Terms will not be affected or impaired, and shall be considered valid and enforceable to the greatest extent allowed by law.
Entire Agreement and Severability
These Terms and Conditions represent the entire understanding between you and BZ Diamond with respect to the subject matter herein, and they supersede all prior agreements and understandings between you and BZ Diamond regarding the same. The failure of BZ Diamond at any time to enforce any of the provisions of these Terms will not be deemed or construed as a waiver of such provisions or in any way affect the right of BZ Diamond to enforce each provision thereafter. No waiver by BZ Diamond of any breach of these Terms will be construed as a waiver of any other or subsequent breach. If any provision of these Terms or any portion thereof is determined to be invalid, illegal, or unenforceable for any reason, the remaining provisions or portions will remain in full force and effect and will be enforced to the maximum extent permitted by law. Provisions concerning your rights and obligations that operate after termination or that are necessary to enforce any right will survive any termination or expiration of these Terms.
Questions
If you have any questions or need further information, please do not hesitate to contact us. We are here to assist you.