Website Terms and Conditions of Use

   • 1. Terms

By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. We reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of this Website in its sole discretion by posting such changes or modifications to this Website. Changes and modifications will be effective immediately upon posting to this Website. Your continued use of this Website following the posting of such changes or modifications constitutes acceptance of them. Therefore, you should frequently review these Terms and Conditions and any other applicable policies to understand the Terms and Conditions that apply to your use of this Website.

If you do not agree with any of these terms, do not use this Website or make any purchase from it. The materials contained in this Website are protected by applicable copyright and trade mark law.

   • 2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on NYC Wholesale Diamonds Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

* modify or copy the materials;

* use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

* attempt to decompile or reverse engineer any software contained on NYC Wholesale Diamonds Website;

* remove any copyright or other proprietary notations from the materials; or

* transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by NYC Wholesale Diamonds at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

   • 3. Disclaimer

The materials on NYC Wholesale Diamonds Website are provided "as is". NYC Wholesale Diamonds makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NYC Wholesale Diamonds does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

   • 4. Limitations

In no event shall NYC Wholesale Diamonds or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on NYC Wholesale Diamonds Internet site, even ifNYC Wholesale Diamonds or a NYC Wholesale Diamonds authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

   • 5. Revisions and Errata

The materials appearing on NYC Wholesale Diamonds Website could include technical, typographical, or photographic errors. NYC Wholesale Diamonds does not warrant that any of the materials on its Website are accurate, complete, or current. NYC Wholesale Diamonds may make changes to the materials contained on its Website at any time without notice. NYC Wholesale Diamonds does not, however, make any commitment to update the materials.

   • 6. Links

NYC Wholesale Diamonds has not reviewed all of the sites linked from its internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NYC Wholesale Diamonds of the site. Use of any such linked Website is at the user's own risk.

   • 7. Site Terms of Use Modifications

NYC Wholesale Diamonds may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Website Terms and Conditions of Use.

   • 8. Governing Law

The Terms and Conditions and your use of this site are governed by the laws of the State of NY, in which we operate our business, applicable to agreements made and to be entirely performed within our state, without giving effect to our state’s conflict of law provisions. You agree that any action at law or in equity arising out of or relating to any purchase made from this Website or these Terms and Conditions shall be filed only in the state and federal courts located in our jurisdiction. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of state in which we are headquartered for any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

   • 9. Product Availability

Product displayed on this Website is not always available for immediate shipping. While we make every effort to keep the Website current, product is constantly being sold and therefore available inventory is constantly changing. If you need a product shipped within forty-eight hours, we recommend that you contact our store so that we can tell you whether or not the product can be shipped in that time frame, or that you provide us with a cell phone number or other information that allows us to quickly contact you in case the item is no longer in stock. If a piece of jewelry is listed as being out of stock and you call us at 513-891-1930, we can usually tell you the date that it is expected to be back in stock.

This Website generally does not sell settings except when they are mated with a diamond. We may have a different policy for settings that are available at our store location.

   • 10. Pricing

This Website prides itself at offering quality products at reasonable prices. We do not engage in price negotiation and all prices are final. Our prices are subject to change without notice because we operate in a market where prices can change rapidly. We also are not perfect and do occasionally make errors in entering data on our Website. While we make every attempt to avoid these errors, they occur. We reserve the right to correct any and all errors when they occur. When we notice an erroneous price prior to shipping a product, we will contact you and request your instructions as to whether you want the product at the correct price or wish to cancel the order. If the order has been shipped before we notice the erroneous price, you agree to either return the product or pay the difference between the actual and charged prices. If you elect to return the product, we will pay for shipping the product back to us and we will fully refund what you paid, including any shipping costs. If we notice that we have overcharged you for a product as a result of a pricing error, we will credit you for the difference. Please contact us if you have any questions.

All prices are in United States dollars and payment must be made in United States dollar. If you use a credit card, the conversion rate will be as set by bank that issues your credit card.

   • 11. Comparison Purchasing

To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.

   • 12. Product Information on our Website

Some of the information that we display on our Website concerning a product comes from the manufacturer, such as dimensions and sometimes the pictures. For products which are convex or rounded, these dimensions are usually measured prior to the rounding of the metal in the manufacturing process, and this may lead to slight discrepancies. In addition, for products where we state a weight, it is possible that the weight in any and all purchases will vary by as much as .05 carats from the stated weight. For those items which contain more than one diamond, we use the average grade and measurement for carat weight, color and clarity.

We use our best efforts to provide you with an accurate view of our products on our Website. However, in order to let you see the product, it is sometimes necessary to make the product appear larger or smaller than the actual size. In addition, the settings on your monitor can affect color, size and shape slightly.

   • 13. Special Orders

Every so often, you will not be able to find the precise combination of diamond and setting that you want on our Website. In such instances, you may make a specific request through this Website or you may call us at 513-891-1930 and we will make every effort to assist you.

   • 14. Ring Resizing

We resize rings free of charge if requested to do so within 45 days of its original shipment. Resizing generally takes 10-14 business days, but there are times during the year – particularly prior to and after the holidays – when it may take longer. Use our return policy instructions for shipping the ring back to us if you need it resized.

   • 15. Diamond Laser Inscriptions

Some of our diamonds are laser inscribed. We do not provide laser inscription services ourselves. We can provide you with contact information for diamond grading labs that provide this service.

   • 16. Diamond Certificates

Loose diamonds are shipped with a diamond grading report and appraisal (also called a diamond certificate). A diamond certificate is written and signed by a diamond grading expert at one of two highly-respected diamond laboratories and they are very expensive to replace. Accordingly, we require that you return the diamond certificate if you return the diamond. If you fail to return the diamond certificate at the same time as you return the diamond, the certificate replacement fee will be automatically deducted from the amount of the refund you are provided.

   • 17. Kimberly Process Policy – No Conflict Diamonds

Our diamonds are purchased from well known and respected suppliers. Each of these suppliers has agreed to the standards established by the Kimberley Process, which is an international system for assuring that diamonds come from sources that are conflict free. Read more about the Kimberley Process at the Jewelers Vigilance Committee website: http://www.jvclegal.org

   • 18. Shipping Policies

At present, we ship only to addresses in the United States, including APO/FPO addresses, and Canada. We do not ship to other locations.

   • 19. Sales Tax

Sales tax is currently collected on orders shipped to addresses in the State of NY.

   • 20. Security and Insurance of Shipments

We insure each order from when we send it until when you receive it. When your order is in transit to you, your shipment is always risk-free. We also require a signature on some orders.

We only ship to the address on your credit card or to an address that is on file with your credit card company as a further protection against fraudulent charges.

If you cannot be available to receive your order on a weekday, we will ship by FedEx for Saturday Delivery if that is available for your address. If Saturday service is available in your area but not at your address, we may be able to arrange pickup of your shipment at a FedEx World Service Center. You must call our Website Customer Service Department by calling 513-891-1930 to arrange this service.

We ship orders under $10,000 to APO and FPO addresses via USPS priority mail, but the delivery times stated on this Website do not apply for those shipments, because of the nature of those addresses.

   • 21. Payment Methods

For your convenience, we offer the following payment methods:

*Credit cards: Use your Visa, MasterCard, American Express, Diners Club or Discover card.

*Debit cards: You may use your debit card if your account allows payments of this size and there are sufficient funds in your account.

* Bank wire: You may wire payments from your bank and receive a discount. Contact us for the details.

* Gift Certificates: If you have a gift certificate for our Website, you must also use a credit card. We insist on this to validate your identity and to prevent fraudulent use of gift cards. We only charge your credit card if the amount of your order exceeds the amount of the gift certificate. Gift certificates have a cash value of 1 cent. However, we do not redeem gift certificates for cash under any circumstances. You can retain the unused portion of a gift certificate for a future purchase. Gift certificates do have an expiration date which appears on your gift certificate. The law of the state where we delivers a gift certificate may apply to certain aspects of the gift certificate. For example, some states prohibit expiration dates on gift certificates. If we delivered a gift certificate to you in a state which has such a prohibition, the expiration date does not apply.

   • 22. Returns

You may return a product purchased on this Website at our store. Our return policy applies not only to the return of products that you do not want, but also to the return of diamonds that you elected to view before they were put in a setting, to rings that need resizing (see above), to products that require engraving and to any other type of return. All returns require that you contact us first and obtain a return authorization code, which must appear on the return label. We do not accept deliveries that do not have such return authorization code.

We have a very flexible return policy with respect to products that you do not want, but you must follow our return procedures. Any item that does not have custom engraving that is in its original condition may be returned within 30 days of the date of shipment for a refund or an exchange.

Once we receive your returned item and it is accepted, your refund or new item will be processed in just a few days. Upon receiving your return, the item will be reviewed by our Quality Assurance department. Please note that items showing signs of wear or those that have been engraved, altered, resized (by a jeweler other than us), or damaged in any way cannot be accepted for return. Returns with no authorization code, and packages that are improperly packaged or uninsured will be refused receipt.

   • 23. Preparation of the Return Package

You must follow this process in preparing your return package.

1. Call us at 513-891-1930 and request a shipping label for the return of the product.

2. Prepare and affix the label. DO NOT write the words jewelry or jewelers anywhere on the outside of the package. Place the return label on the package.

3. Package Your Return. You must include EVERYTHING that came in your original package, including the original packaging material and any other material. For example, if your item was delivered with a diamond certificate and that certificate is not returned, you will receive a refund less the cost of obtaining a new diamond certificate.

4. Shipment and Insurance. Request that we sign for any package that your ship back to us AND request that you receive confirmation of receipt. We are not responsible for any loss or damage that occurs during the return shipment, which is why we require that you ship using a carrier that will provide insurance for the full value of the product.

5. Invoice Price Not greater than $500: You may use any carrier that will deliver to our address, insure your package for $500 and provide you with a delivery receipt.

6. Invoice Price Greater than $500: We are not currently aware of any service other than the US Postal Service Registered Mail which will insure your package for full value and provide you with a return receipt. Accordingly, you must use the US Postal Service Registered Mail and request a return receipt.

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