This web site ("Web Site") is
operated by DY Jewels.com, Inc. ("DY Jewels"). |
| |
| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL
ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO
NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. |
| |
| Products, Content and Specifications. All features, content,
specifications, products and prices of products and services
described or depicted on this Web Site are subject to change
at any time without notice. Certain weights, measures and similar
descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately
display the attributes of our products, including the applicable
colors; however, the actual color you see will depend on your
computer system and we cannot guarantee that your computer will
accurately display such colors. The inclusion of any products
or services in this Web Site at a particular time does not imply
or warrant that these products or services will be available
at any time. We always strive to meet or exceed all specifications,
and reserve the right to upgrade your order at our discretion.
For example, if you purchase 0.75ct total weight diamond studs,
we will meet or exceed this specification, therefore you may
get shipped 0.82ct total weight instead. If 10K is not available,
we may ship you 14K instead. We will never downgrade your order
or ship you something of lesser value than what was originally
ordered. If you have further questions regarding our policy
on minimum specifications, please contact us at 1-866-659-1666 |
| |
| Accuracy of Information. DY Jewels attempts to ensure that
information on this Web Site is complete, accurate and current.
Despite our efforts, the information on this Web Site may occasionally
be inaccurate, incomplete or out of date. We make no representation
as to the completeness, accuracy or currentness of any information
on this Web Site. For example, products included on the Web
Site may be unavailable, may have different attributes than
those listed, or may actually carry a different price than that
stated on this Web Site. In addition, we may make changes in
information about price and availability without notice. While
it is our practice to confirm orders by email, the receipt of
an email order confirmation does not constitute our acceptance
of an order or our confirmation of an offer to sell a product
or service. We reserve the right, without prior notice, to limit
the order quantity on any product or service and/or to refuse
service to any customer. We also may require verification of
information prior to the acceptance of any order. |
| |
| Use of this Web Site. The Web Site design and all text, graphics,
information, content, and other material displayed on or that
can be downloaded from this Web Site are either the property
of, or used with permission by, DY Jewels or its affiliates
and are protected by copyright, trademark and other laws and
may not be used except as permitted in these Terms and Conditions
or with the prior written permission of the owner of such material.
You may not modify the materials located on this Web Site in
any way or reproduce or publicly display, perform, or distribute
or otherwise use any such materials for any public or commercial
purpose. Any unauthorized use of any such materials may violate
copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations. |
| |
| Trademarks. Certain trademarks, trade names, service marks
and logos used or displayed on this Web Site are registered
and unregistered trademarks, trade names and service marks of
DY Jewels, DY Holdings or its affiliates. Other trademarks,
trade names and service marks used or displayed on this Web
Site are the registered and unregistered trademarks, trade names
and service marks of their respective owners. Nothing contained
on this Web Site grants or should be construed as granting,
by implication, estoppel, or otherwise, any license or right
to use any trademarks, trade names, service marks or logos displayed
on this Web Site without the written permission of DY Jewels,
it affiliates or such third party owner. |
| |
| Linking to this Web Site. Creating or maintaining any link
from another Web site to any page on this Web Site without DY
Jewels' prior written permission is prohibited. Running or displaying
this Web Site or any material displayed on this Web Site in
frames or through similar means on another Web site without
DY Jewels's prior written permission is prohibited. Any permitted
links to this Web Site must comply will all applicable laws,
rules and regulations. |
| |
| Third Party Links. From time to time, this Web Site may contain
links to Web sites that are not owned, operated or controlled
by DY Jewels or its affiliates ("Other Web Sites").
All such links are provided solely as a convenience to you.
If you use these links, you will leave this Web Site. Neither
DY Jewels nor any of its affiliates are responsible for any
content, materials or other information located on or accessible
from any Other Web Sites. Neither DY Jewels nor any of its affiliates
endorse, guarantee, or make any representations or warranties
regarding any Other Web Sites, or any content, materials or
other information located or accessible from any Other Web Sites,
or the results that you may obtain from using any Other Web
Sites. If you decide to access any Other Web Sites linked to
or from this Web Site, you do so entirely at your own risk. |
| |
| Inappropriate Material. You are prohibited from posting or
transmitting any unlawful, threatening, defamatory, libelous,
obscene, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that DY Jewels
or its affiliates may have at law or in equity, if DY Jewels
or any of its affiliates reasonably determines that you have
violated or are likely to violate the foregoing prohibitions,
DY Jewels or any of its affiliates may take any action they
reasonably deem necessary to cure or prevent the violation,
including without limitation, the immediate removal from this
Web Site of the related materials. DY Jewels and its affiliates
will fully cooperate with any law enforcement authorities, court
order or subpoena requesting or directing DY Jewels or its affiliates
to disclose the identity of anyone posting such materials. |
| |
| User Information. Other than personally identifiable information,
which is subject to this Web Site's Privacy Policy, any material,
information, suggestions, ideas, concepts, know-how, techniques,
questions, comments or other communication you transmit or post
to this Web Site in any manner ("User Communications")
is and will be considered non-confidential and non-proprietary.
DY Jewels, each of its affiliates and/or their designees may
use any or all User Communications for any purpose whatsoever,
including, without limitation, reproduction, transmission, disclosure,
publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial
purposes. DY Jewels may, but is not obligated to, monitor or
review any User Communications. DY Jewels shall have no obligations
to use, return, review, or respond to any User Communications.
Neither DY Jewels nor any of its affiliates will have any liability
related to the content of any such User Communications, whether
or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. DY Jewels retains the right to remove
any or all User Communications that include any material DY
Jewels deems inappropriate or unacceptable. |
| |
| International and Canadian Orders. We always strive to give
our customers merchandise which will not incurr customs or duties
and ensure they get their merchandise in a timely fashion. In
order to do this we use a third party shipping company, insurance
broker and customs broker/agent. We will declare the parcel
at a lower value but insure it through our insurance company
and declare goods with our brokers and agents to prevent you
from paying duties. At the same time this prevents loss of merchandise
declared at a high value. Significant costs are incurred by
DY Jewels for this service and we are required to pay all customs,
duties, and brokerage fees. Should the merchandise be returned
we would again be billed for this cost which is why Canadian
and International "custom made" orders are non-refundable
and "regular stock" merchandise will carry a 50% restocking
fee less shipping and handling charges. |
| |
| DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE
MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB
SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER DY JEWELS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY
OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS
WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB
SITE MAY BE OUT OF DATE, AND NEITHER DY JEWELS NOR ANY OF ITS
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE
SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. |
| |
| ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB
SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DY JEWELS
AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES
WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED
ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, DY JEWELS AND ITS AFFILIATES HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH
ANY CODES, OR MISAPPROPRIATION. DY JEWELS AND ITS AFFILIATES
MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS
ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS. ALL JEWELRY SOLD WHICH IS CUSTOM
MADE, SPECIAL ORDER OR OTHERWISE DEEMED UNIQUE IS SUBJECT TO
OUR RETURN POLICIES ACCORDINGLY. UNLESS OTHERWISE NOTED ON THE
DY JEWELS WEBSITE, THESE ITEMS ARE NON-REFUNDABLE, AND EXCHANGEABLE
ONLY AT THE DISCRETION OF A DY JEWELS REPRESENTATIVE. |
| |
| LIMITATIONS OF LIABILITY. Neither DY Jewels nor any of its
affiliates assumes any responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or
arising from your access to, use of, or browsing this Web Site
or your downloading of any materials from this Web Site. IN
NO EVENT WILL DY JEWELS, ITS AFFILIATES OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED
IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE
BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF
USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR
ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS. |
| |
| IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT,
YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT
YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT
YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS
OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH
PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THIS WEB SITE. |
| |
| Revisions to these Terms and Conditions. DY Jewels may revise
these Terms and Conditions at any time and from time to time
by updating this posting. You should visit this page from time
to time to review the then current Terms and Conditions because
they are binding on you. Certain provisions of these Terms and
Conditions may be superseded by expressly designated legal notices
or terms located on particular pages at this Web Site. |
| |
| Choice of Law; Jurisdiction. These Terms and Conditions supersede
any other agreement between you and DY Jewels to the extent
necessary to resolve any inconsistency or ambiguity between
them. This Web Site is administered by DY Jewels from its offices
in Pennsylvania. These Terms and Conditions will be governed
by and construed in accordance with the laws of the Commonwealth
of Pennsylvania, without giving effect to any principles of
conflicts of laws. Any action seeking legal or equitable relief
arising out of or relating to this Web Site shall be brought
only in the courts of the Commonwealth of Pennsylvania or the
United States District Court of Pennsylvania. A printed version
of these Terms and Conditions shall be admissible in judicial
and administrative proceedings based upon or relating to these
Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. |
| |
Termination. You or we may suspend or terminate your account
or your use of this Web Site at any time, for any reason or
for no reason. You are personally liable for any orders that
you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or
any aspect of this Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing
Term and Conditions or if you have any questions or comments,
we invite you to call our customer service department at 1-213-291-8528 |
|
