Terms & Conditions
Website Use Agreement
This version in effect since July 2, 2010.
Welcome to MajestyDiamonds.com. Please read this agreement carefully as it governs your use of the MajestyDiamonds.com website. It exempts company and other persons from liability, or limits their liability, and contains other important provisions that you should read.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trademark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Software Agreements
11. Unsolicited Submissions
12. Your Information
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
14. Personal Information Privacy
15. Other Sites/Resources
17. Governing Law and Dispute Resolution
20. OTHER MATTERS
This is an Agreement between you, and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity), and Majesty Diamonds regarding your access to and use of the MajestyDiamonds.com website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to Majesty Diamonds affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice, recommendations.
This Agreement is in addition to any other agreement you may have with Majesty Diamonds, including a transaction agreement.
User access to and use of this Website is subject to all applicable international, federal and local laws and regulations. By accessing the Website, users agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement.
Majesty Diamonds reserves the right to request proof of identification and age.
Majesty Diamonds may, in its sole discretion, change this Agreement from time to time, as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
The Website (including all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data and other elements available on or through the Website) is the property of Majesty Diamonds and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and that you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Majesty Diamonds.
Majesty Diamonds endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Majesty Diamonds cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Majesty Diamonds does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Majesty Diamonds reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations for you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in US dollars (USD).
MAJESTY DIAMONDS is constantly trying to update the site in order to maintain its accuracy. Some products may appear larger or smaller than their actual size in our photographs so that you can view our products in greater detail. Colour and size may vary slightly due to discrepancies in individual computer monitor settings. 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, MAJESTY DIAMONDS states that total carat weight in all purchases may vary very slightly (up to 0.05 carats) from the stated carat weight. Measurements of our products are based on our manufacturing specifications. Discrepancies may be caused by finishing during the manufacturing process.
Coupon codes are only valid for the specified date range. Majesty Diamonds reserves the right to modify or cancel the offer at any time. Coupon codes cannot be applied to previously placed orders. Coupons codes cannot be combined. Certain coupon codes only apply to certain products.
Majesty Diamonds, Majesty Diamonds À LA MAISON / Majesty Diamonds AT HOME, Majesty Diamonds LTD., THE Majesty Diamonds, Majesty Diamonds & DESIGN TM, Majesty Diamonds EXPRESS, the Majesty Diamonds.COM logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Majesty Diamonds or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.
All designs copyrighted by Majesty Diamonds.
Links to the Website without the express written permission of Majesty Diamonds are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. Majesty Diamonds may, in its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Majesty Diamonds. For the purposes of accessing the Website, the Codes remain the property of Majesty Diamonds and may be cancelled or suspended at any time by Majesty Diamonds, in its discretion, without any notice or liability to you or any other person.
Majesty Diamonds is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Majesty Diamonds may act upon any communication that is given with the use of Codes. Majesty Diamonds may, in its discretion, at any time, require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Majesty Diamonds is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Majesty Diamonds by telephone at 1-855-FINE-ICE, or by email at email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
Majesty Diamonds may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software License Agreement.
From time to time Majesty Diamonds may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
In order to avoid potential misunderstandings or disputes, Majesty Diamonds does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Majesty Diamonds or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Majesty Diamonds and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Majesty Diamonds or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Majesty Diamonds and its successors, assigns and licensees.
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates) and transaction-related information must be true, accurate, current and complete. Majesty Diamonds will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Majesty Diamonds or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
Your access to and use of the Website is at your own risk. The Website is provided on an “as is” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Majesty Diamonds to the fullest extent permitted by law.
Majesty Diamonds and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with or relating to the Website or this Agreement, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other faults or wrongdoing (including without limitation gross negligence and fundamental breach) by Majesty Diamonds, or any person for whom Majesty Diamonds is responsible, and even if Majesty Diamonds has been advised of the possibility of such loss or damage being incurred.
Acknowledgement and exclusion by statute in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Majesty Diamonds, and Majesty Diamonds has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Majesty Diamonds does not sponsor or endorse Other Sites or their business, goods, services or content unless expressly indicated in writing. Your use of Other Sites and your dealings with their owners or operators is at your own risk, and you will not make any claim against Majesty Diamonds arising from, connected with or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Majesty Diamonds, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Majesty Diamonds may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Majesty Diamonds may in its discretion and for its convenience, at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Majesty Diamonds will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Quebec and the applicable federal laws of Canada. Any dispute between you and Majesty Diamonds or any other person arising from, connected with or relating to the Website, this Agreement or any related matters (collectively "Disputes") will be resolved before the Courts of Quebec, sitting in the City of Montreal. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
All products sold by Majesty Diamonds are brand new and are manufactured to meet the highest industry standards. Products are shipped and become the sole property of the purchaser upon delivery to the specified shipping agent. For shipping damage, customers should file claim to their carrier immediately. Any discrepancy, including wrong items or missing items, should be reported to Majesty Diamonds within 24 hours. If the item was simply not to your satisfaction, you may simply return it back to us (according our return procedures) within 30 days from the date of shipment and we will gladly refund you the full cost of the item excluding shipping/handling. Because of the nature of the Internet, online ordering your purchase from Majesty Diamonds acknowledges that you have read and agree to these terms and conditions.
Required Conditions of Return:
- Packages without a return authorization number (RMA#) will not be accepted for refund.
- All certified items sent with a certificate of authenticity must be returned with the certificate
- Items must be returned in the same condition as they were sent from Majesty Diamonds.com within 30 days from the date of SHIPMENT. Orders received after this date will not be accepted for refund, exchange or repair.
- Any engraving fees are non-refundable.
- Custom orders (i.e. ring re-sizing, etc.) cannot be accepted back for a return (refund, exchange or repair).
We are pleased to offer FREE shipping via FedEx Ground to anywhere in North America!
- Express shipping to Canada via Canada Post.
- Express shipping to USA via FedEx.
- Express International shipping via EMS through Canada Post.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement inures to the benefit of and is binding upon each of Majesty Diamonds and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Majesty Diamonds may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
If any provision or clause within these Terms & Conditions is deemed void or unenforceable, then that provision or clause shall act alone and be deemed severable from these Terms & Conditions and thus shall not affect the validity or enforceability of remaining content of these Terms & Conditions. Any rights not expressly granted by this Agreement are reserved to Majesty Diamonds.
You may contact Majesty Diamonds by telephone or email.