Terms of Service

These terms and conditions apply to the Luxe Web site located at www.LuxeWholesaleDiamonds.com, and all associated Web sites linked to www.LuxeWholesaleDiamonds.com by Luxe, its subsidiaries and affiliates, including Luxe's sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Luxe Site, and constitute an agreement between you and Luxe. Luxe reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

 

Product Availability and Pricing

Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. This is especially true of any closeout or special items, or loose diamonds where we only have one item available. If this happens, we will contact you directly to discuss possible options.

Data, including prices, may be inaccurately displayed on our Site due to system or typographical 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. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged 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 someone in our Jewelry Sales Department at info@luxewholesalediamonds.com or 888-589-3946. We do not negotiate prices on our products and all our prices are final.

 

Diamond Certificates

When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.

 

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. To confirm the quality of a jewelry item, please contact someone in our Jewelry Sales Department at info@luxewholesalediamonds.com or 888-589-3946, and we would be happy to help you make your choice.

 

Restocking Fees

Most of the items we stock are made to order and due to the nature of online jewelry sales, our job is to get you your jewelry as fast as possible. The lead time to manufacture a custom ring with Luxe is typically 1-2 weeks, whereas a traditional jewelry store would have a lead time of 4-6 weeks on an item made of the same complexity. So we work very hard to get your jewelry made in an expidited manner. In the event that an order is placed, and later canceled by the customer most likely we have already begun working to make it, which is where there will be a 20% restocking fee imposed on any canceled orders once payment has been made. For custom made jewelry that is being returned for a refund, a 25% restocking fee will be imposed on all returns. Some custom made items are eligible for a lifetime 100% exchange with no restocking fees. To find out if your item is eligible for our 100% exchange policy, please contact someone in our Jewelry Sales Department at info@luxewholesalediamonds.com or 888-589-3946.

 

Information on our Site

At Luxe, 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, Luxe states that carat total weight in all purchases may vary 0.05 carats from stated weight.

On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.



Policy on Ethical Sourcing

At Luxe, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.

 

Selling Jewelry

Seller represents and warrants that:
- Seller has full legal title to the merchandise being offered for sale to Luxe. ("Merchandise"), and that no other party has any right, title or interest in the Merchandise (including any liens or claims with respect to the Merchandise). Luxe may, but shall not be obligated or required to, request documentation or other proof evidencing your sole legal title to the Merchandise. In the event Luxe requests additional information regarding ownership, you agree to provide such information immediately.
- Seller is acting on his or her own behalf and not as agent for any other party.
- Seller is at least 21 years of age.
- Seller will provide accurate contact information, including, depending on the method of contact you have chosen, email address, physical address, and telephone numbers. You agree to provide us with any current or updated contact information immediately upon any change in your contact information. For transactions conducted by email or phone, you further agree that: (a) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (b) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone. We will mail any Merchandise or check to the physical address you provide.

 

Shipping & Transportation

Every package we ship to you or that is shipped to us using our shipping labels are fully insured for the full value of the merchandise. OUR INSURANCE COVERS THE LOSS OF JEWELRY DURING SHIPPING ONLY IN ONE THE FOLLOWING EVENTS: (1) a package was not delivered, (2) a package was delivered to the wrong address or (3) a package was lost in the process of being delivered but can no longer be traced or located by the shipping company. Under no circumstance is insurance supplied to or implied by Luxe in any event other then the 3 outlined above. In the event a package containing your jewelry was lost by the carrier, Luxe will conduct an investigation which can take up to 90 days before a final payout is dispersed. Any payout made by Luxe will be made in accordance to the current wholesale market value of the items. Do not sign for any packages that may have appeared to be tampered with. Luxe takes no responsibility or liability for parcels that were tampered with and can only guarantee the parcel was delivered on time to the right address. By completing your transaction, you agree that anyone at the shipping address who may sign for the package was fully authorized by you to accept the package whether their name was on the package or not. In the event that a customer makes claim that merchandise was not received when a package was delivered or vise versa that we receive a package that merchandise was not received Luxe may choose to replace or not replace these items at their sole discretion. We reserve the right, in our sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned to the customer. Luxe shall have no liability to any customer for any such attempted delivery or return of any such items. Furthermore, we reserve the right, in our sole discretion, to return Merchandise in the event it deviates from the written description you have provided of the Merchandise.

Site Content

The Site and all content and other materials, including, without limitation, the Luxe logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Luxe or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Trademarks

You may not use any metatags or any other "hidden text" utilizing "Luxe", “Luxe Wholesale Diamonds” or any other name, trademark or product or service name of Luxe without our prior written permission. All other trademarks, registered trademarks, product names and Luxe names or logos mentioned in our Site are the property of their respective owners.

 

Use of the Site

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Luxe, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

 

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Luxe has adopted a policy of terminating and barring, in appropriate circumstances and at Luxe's sole discretion, site users or account holders who are deemed to be repeat infringers. Luxe may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third Party Content

Luxe may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Luxe does not monitor or have any control over any Third Party Content or third party Sites. Luxe does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Luxe does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

 

Advertisements and Promotions

Luxe may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Luxe, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Luxe is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Luxe advertisers on our Site.

 

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Luxe, or our products or services that are provided by you to Luxe are non-confidential and shall become the sole property of Luxe. Luxe will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Luxe and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

 

Product Reviews and User Content

Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

  1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  5. Unsolicited promotions, political campaigning, advertising or solicitations;

  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and

  8. User Content that, in the sole judgment of Luxe, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Luxe or its users to any harm or liability of any type.

Luxe takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Luxe liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Luxe is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Luxe has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Luxe reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Luxe's systems and customers, or to ensure the integrity and operation of Luxe's business and systems, Luxe may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Luxe's right to disclose any such information shall govern over any terms of Luxe's Privacy Policy.

If you post User Content to our Site, unless we indicate otherwise, you grant Luxe and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Luxe and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

 

Indemnification

You agree to defend, indemnify and hold harmless Luxe, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Luxe and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

 

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Luxe, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Luxe DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. Luxe DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Luxe DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

IN NO EVENT SHALL LUXE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LUXE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LUXE'S RECORDS, PROGRAMS OR SERVICES.

 

Applicable Law and Venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

 

Modification and Notice

You agree that Luxe may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

 

Termination

Notwithstanding any of these Terms and Conditions, Luxe reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

 

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Questions & Contact Information

If you have any questions, please do not hesitate to contact someone in our Jewelry Sales Department at info@luxewholesalediamonds.com or 888-589-3946.



Terms and Conditions last updated on September 9th, 2013. For previous versions, please contact us at info@luxewholesalediamonds.com



 

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