Welcome to SellDiamond.com (hereinafter referred to as "Sell Diamond," "we," "us," or "our"). We are delighted that you have chosen to access and utilize our website. Your access to and use of our website is subject to the following Terms and Conditions (the "Agreement"), which may be revised by us periodically without notice to you. By browsing the public areas or accessing and using the website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of this Agreement and our Privacy Policy (collectively, the "Terms"). If you do not agree to any of these terms, please refrain from using the website. Terms not explicitly defined in this Agreement shall have the meanings as outlined in our Privacy Policy.
DESCRIPTION OF SERVICES
SellDiamond.com is an online marketplace that facilitates the sale of diamonds and fine jewelry, with each sale being considered a "Transaction." We offer access to our website to Visitors and Users as described in this Agreement.
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- Visitors: Visitors are individuals who wish to explore our services. Visitors have the ability to (a) view publicly-accessible content and (b) contact us via email.
- Users: Users have the same privileges as Visitors and may also be able to (a) engage in Transactions, (b) participate in our promotional offers, (c) sign up for alerts and notifications, and (d) post comments, reviews, pictures, and other content (collectively, "User Content"). We reserve the right to accept or reject any individual as a User at our sole discretion.
ELIGIBILITY
The use of our website is available only to individuals who are 18 years of age or older. If you are under 18, please refrain from using the website. By accessing and using the website, you represent and warrant that:
(1) You are at least 18 years old.
(2) You are the rightful legal owner of any diamonds, fine jewelry, or other items you intend to sell through Sell-Diamond.com.
(3) You are acting on your own behalf and not as an agent or representative of any other party.
COMMUNITY GUIDELINES
Our community thrives when its members adhere to a few straightforward rules. By accessing and using the website, you agree to comply with these community guidelines, which include:
- Do not send us hazardous materials or items that do not contain diamonds.
- Do not use the website for illegal purposes, including money laundering.
- Do not provide false or misleading information.
- Do not engage in commercial activities, such as fundraising, advertising, or promoting products, services, or organizations, or participating in pyramid schemes.
- Do not use the website for market research for a competing business.
- Do not upload, post, email, transmit, or make available any User Content that infringes on the rights of others, is defamatory, offensive, vulgar, obscene, invasive of privacy, pornographic, or promotes violence.
- Do not disclose sensitive information about another person, such as email addresses, postal addresses, phone numbers, credit card information, or similar details.
- Do not engage in stalking or harassment.
- Do not impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Do not interfere with advertisements or safety features on the website.
- Do not take any action that may overload our technical infrastructure or disrupt the proper operation of the website.
- Do not use automated means, such as spiders, robots, crawlers, or data mining tools, to download or scrape data from the website, except for legitimate Internet search engines and non-commercial public archives.
- Do not use any automated device or software that allows automatic posting on the website without human intervention.
- Do not attempt to interfere with the website's operation through hacking, password or data mining, or any other means.
Please report any inappropriate content. If you come across content that violates our community guidelines, let us know, and we will review and address it. We reserve the right to deny access to the website or remove User Content that does not adhere to these guidelines at our discretion.
SALES AND TRANSACTION PROCESS
Shipping and Insurance:
- You must ship all items to Sell-Diamond.com via FedEx Delivery, using the shipping labels provided by us. All items sent to us are insured up to the amount specified in the email confirmation of your insurance, with a maximum coverage of $25,000 unless specific insurance arrangements have been made through us.
- We insure your items for the lower end of the communicated price range. If no range is provided, you have the right to request this information. To arrange proper insurance, we may request additional information about the items you intend to send, and we will rely on this information for insurance purposes.
- Sell-Diamond.com will open and inspect every package under video recording, weigh the items, and, if necessary, test them, comparing the details received from you before your submission and on any accompanying forms. We reserve the right to reject incomplete or unsigned forms.
- We also reserve the right to reject any package that appears to be opened, damaged, or tampered with. Rejected packages will be returned to you at our expense, with no liability on the part of Sell-Diamond.com.
Valuation and Offer:
- Upon receiving your items, our trained experts will evaluate and test them to determine their value. We may need to remove a diamond for proper evaluation, and we will seek your consent before doing so.
- By sending us your jewelry, you accept that the valuation process may involve the use of certain acids on the gold, silver, platinum, or other items, which can result in permanent staining or scratches. You acknowledge that Sell-Diamond.com is not liable for any damages caused by this process or any resulting decrease in the value of the items.
- Our offer, if made, will be valid until 5:00 pm EST on the following business day. As the prices of diamonds, gold, and other precious metals fluctuate, our offers generally cannot be extended beyond this timeframe.
- Upon accepting our offer, the items will be immediately processed for diamond removal and melting down, making your acceptance legally binding and irrevocable. Note that any items with no value will not be automatically returned unless you request their return when accepting the offer.
Payments:
- After accepting our offer, we will arrange payment details with you. Payment methods include:
- Direct bank transfer to your account, with funds leaving our account the day after your acceptance. This service incurs no charge.
- Check, which will be sent to you within five (5) business days after you accept our offer. We will send a payment receipt along with the check to the address provided during the initial inquiry through the Platform.
- If you decline our offer, we will return your goods to you at our expense within five (5) business days unless you are a 'Self Send Customer' who has been notified of a $25 return fee. If you send items with no diamonds, there is a $25 fee for returning them, or we can dispose of them free of charge.
- Payment must be received within thirty (30) days of our request; otherwise, we will dispose of the items.
Returned Items:
- If our return carrier is unable to deliver the items due to the inability to obtain a signature, they will leave an instruction card. The package should be collected from the local delivery office within the specified time. Failure to do so may result in the package being returned to us.
- If the package is returned to us, we will contact you to arrange reshipment at your expense, including a £25 charge to cover additional postage and administration costs. Payment must be received within two (2) weeks, or we reserve the right to purchase the items at our offer price, excluding administration costs and insurance fee.
Lost Property:
- If you send items without a completed customer form, we may not be able to identify you as the sender unless you have provided your name and address on the package.
- Items without identification may be considered lost property and held securely for six (6) months. Customers claiming lost items must provide a detailed description before an offer is made. We will pay for the items at our current price once a lost property claim is confirmed.
- If no claim is made within six (6) months, a £7.50 weekly deduction will be applied to the payment to cover storage, administration, and insurance costs.
Items Sent in Error:
- Our shipping labels and envelopes are coded for customers sending precious metals intending to sell them to us. If you use our shipping labels or envelopes to send items intended for someone else, they will still be automatically sent to us.
- The fee for returning such items is $30, covering postage, insurance, and administration costs.
INTELLECTUAL PROPERTY
The Sell-Diamond.com website contains various materials such as software, text, graphics, images, sound recordings, audiovisual works, and other content (collectively referred to as the "Content"). The Content may be owned by us or third parties and is protected under United Kingdom and foreign laws. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights to the Content except as permitted under this Agreement. No other use is allowed without our prior written consent.
- You must retain all copyright and other proprietary notices contained in the original Content on any copy you make.
- You may not sell, transfer, assign, license, sublicense, or modify the Content, or reproduce, display, publicly perform, create derivative versions of, distribute, or otherwise use the Content for any public or commercial purpose.
- Use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
- The trademarks, service marks, and logos of Sell-Diamond.com used and displayed on the website are registered and unregistered trademarks or service marks owned by Sell-Diamond.com.
- Other company, product, and service names found on the website may be trademarks or service marks owned by others, and nothing on the website should be construed as granting any license or right to use these trademarks without our prior written permission.
- Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated.
COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
We encourage you to contact us via email, but please refrain from sending any content that contains confidential information. Any emails you send to us, including feedback, questions, comments, suggestions, etc., shall be free for us to use for any purpose without compensation to you.
- The website allows users to post and upload User Content. You acknowledge and agree that once you submit your User Content, it will be accessible by others, and there is no confidentiality or privacy with respect to such User Content.
- You are solely responsible for all User Content that you upload, post, email, or otherwise transmit via the Platform. You retain all copyrights and other intellectual property rights in and to your own User Content. However, you hereby grant us a non-exclusive, transferable, perpetual, royalty-free, sublicensable license to modify, compile, copy, record, distribute, publicly display, and use your User Content in any way, including for-profit purposes.
- By submitting User Content, you represent and warrant that it is your original creation (or that you have the right to provide it), that you have the necessary rights to grant the license, and that it does not infringe or misappropriate the rights of any person or contain any harmful or inappropriate material.
NO WARRANTIES/LIMITATION OF LIABILITY
We provide the website and its content on an "as-is" and "as available" basis, without any warranties of any kind. We disclaim all warranties, including the warranty of title, merchantability, non-infringement, and fitness for a particular purpose. We shall not be liable for any damages, except in cases of our gross negligence or willful misconduct.
- We are not responsible for any delays, interruptions, technical inaccuracies, or typographical errors on the website.
- The website may contain technical inaccuracies, and we reserve the right to make changes or improvements without notice.
EXTERNAL SITES
The website may contain links to third-party websites (External Sites). These links are provided for convenience and do not imply endorsement of the content on External Sites. We are not responsible for the content or accuracy of materials on External Sites, and you access them at your own risk.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from any claims, actions, or demands arising from your breach of this Agreement or any of your Transactions or your access to, use, or misuse of the website, the Content, or our services.
COMPLIANCE WITH APPLICABLE LAWS
The website is based in the United Kingdom. We make no claims concerning whether the Content may be downloaded, viewed, or appropriate for use outside of the United Kingdom. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right to restrict, suspend, or terminate this Agreement and your access to the website at any time and for any reason without prior notice or liability. We may also change, suspend, or discontinue all or part of the website at any time without prior notice.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights and comply with relevant laws. If you believe your work has been copied on the website in a way that constitutes copyright infringement, please follow the procedures outlined in the Digital Millennium Copyright Act section of this Agreement.
MISCELLANEOUS
- Any cause of action arising out of this Agreement must be commenced by you within one (1) year after the cause of action accrues.
- If any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect.
- Our failure to enforce any provision does not constitute a waiver of that provision.
- This Agreement constitutes the entire agreement between you and us and supersedes all previous agreements.
- The section headings are for convenience and have no legal significance.
- The section headings are for convenience and have no legal significance.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflicts of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located within the United States of America, and each party hereby consents to the personal jurisdiction of such courts
