Terms & Conditions
The Soha Diamond Co. Terms and Conditions were last updated on December 21st 2018
The following Terms and Conditions (“Terms”) apply to this website (“Site”), which is operated by Soha Diamond Company LLC. Throughout the Site, the terms “we”, “us”, and "our” refer to Soha Diamond Co.
By using this Site, you agree to be bound by the following Terms. For the purposes of these Terms, “use” shall be defined as the act of making a purchase and/or creating an account. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. Please read through these Terms carefully as they represent the binding terms with which you may engage with Soha Diamond Co.
Changes to the terms & Conditions
Soha Diamond Co. reserves the right to modify, change, amend, or update these Terms at any time. Modifications, changes, amendments, or updates will take immediate effect and will be posted on this Site. Any such update shall be noted by the “last updated” date at the beginning of these Terms. It is your responsibility to periodically check these Terms for changes. Your continued use of the Site following any such changes will mean that you accept and agree to the changes.
Laboratory-Grown Diamonds & Gemstones
All certified diamonds and colored gemstones sold by Soha Diamond Co.™ are created in a laboratory setting, most commonly referred to as “laboratory grown.” Laboratory grown diamond center stones are laser inscribed disclosing their origin and accompany a report number referring to the grading report done by a third party, non-bias diamond grading laboratory (or similar), such as IGI, GCAL, or GIA and are commonly referred to in the market as: Synthetic diamonds, lab-grown diamonds, lab-created diamonds, man-made diamonds, cultivated diamonds, cultured diamonds, manufactured diamonds, produced diamonds, grown diamonds, HPHT diamonds, or CVD diamonds which exhibit the same chemical, physical, and optical properties of mined diamonds.Therefore, all grown diamonds offered by Soha Diamond Co. ™are guaranteed and unequivocally, blood and conflict free.
The terms above denote the process of growing a diamond or gemstone whereby an earth-derived seed crystal or another lab-grown seed crystal is used as its origin. Advanced technology therefore duplicates the process by which diamonds and gemstones naturally develop.
You hereby agree that you understand the meaning of these descriptions and that you are aware of the man-made origin of our diamonds and gemstones as disclosed by us, whether or not each mention of the word “diamond” or “gemstone” includes this qualifier or not.
Laboratory-Grown Diamond & Gemstone Grading Report
Your purchase of a lab-grown diamond or gemstone from Soha Diamond Co. will include the accompanying grading report. A lab-grown diamond or gemstone laboratory grading report is an independent, third party opinion regarding the quality of a lab-grown diamond or gemstone. While such reports are based upon quantifiable standards, a certain level of subjectivity is always inherent in the lab-grown diamond and gemstone grading process. Moreover, the standards employed by the various diamond and gemstone laboratories are not uniform and may vary. Accordingly, Soha Diamond Co.’s transmittal or use of any such report does not imply Soha Diamond Co.’s agreement with or endorsement thereof.
Use of the Site
By using the Site, you are granted a personal, limited, non-sublicensable license to access and use the Site, print, and electronically copy portions of our Site for your personal, non-commercial, and informational use only.
Prohibited Uses. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Information on our site
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. We endeavor to present accurate information on our website at all times. However, we present our website content “as is” and make no claims as to its accuracy, either expressed or implied.
In order to give you the opportunity to view our products in great detail, some product images may appear larger or smaller than their actual size. Given the variation in computer monitor settings and viewing screens, some products’ color, size, and other details may vary.
In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. We provide the measurement of our products based on our USA manufacturing specifications and on standard jewelry sizes as a benchmark. Weight and measurements of the precious metal, grown diamond, and grown colored gemstones do vary and are approximated based on standard sizing of the piece. A slight tolerance may be accounted for based on finishing and actual finger (or similar) size during the manufacturing process.
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, the collective quality is equal to or exceeds the grade stated.
Errors, Inaccuracies, and Omissions. Soha Diamond Co. makes every effort to ensure that the information on our Site is as current and accurate as possible. However, there may be occasions when information on this Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Any such errors are unintentional. We reserve the right to correct any errors, inaccuracies, or omissions at any time without notice.
Information about you & your visits to the website
Please see Soha Diamond Co.’s Privacy Policy to learn more about how information is collected, used, stored, and disclosed.
THIRD-PARTY links & services
Soha Diamond Co. may integrate or be provided in connection with independent third parties. We do not control any third-party service or content. Your use of and interaction with such content and/or services is subject to the privacy policy and terms of use established by the third-party, which we encourage you to review. Your interaction with a third-party is between you and the third-party and is entirely at your own risk. Soha Diamond Co. is not responsible or otherwise liable for third-party content or the acts or omissions of third-party providers. Further, Soha Diamond Co. is not responsible for any loss or damage that may arise from your use of a third-party site or service. Any claims, concerns, or questions regarding third-party websites and/or services must be directed to the applicable party.
Comments, feedback, reviews, submissions, & other user-generated content
Submissions. By submission of any communication—including, but not limited to: questions, comments, suggestions, ideas, plans, notes, drawings, or other material—regarding Soha Diamond Co., this Site, or our products or services, you acknowledge and agree that such submission is non-confidential and will become the sole property of Soha Diamond Co. upon submission. Once the submission has been received, Soha Diamond Co. shall be the exclusive rights holder and shall be entitled to the unrestricted use and dissemination of the submission for any commercial or non-commercial purpose without acknowledgment, notice, or compensation to you. Upon submission, you signify that the content is accurate and not misleading; that you possess ownership rights to the submission and have the right to disseminate and disclose submission; and that the submission will not injure or violate the rights of any person or entity.
Reviews and User Content. This Site may include “Interactive Areas” that allow users to post, store, and share user generated content. You are solely responsible for your use of any interactive area and do so at your own risk. By your use of any interactive area, you agree not to upload, transmit, distribute, post, create, or store any material that is or could be considered defamatory, libelous, obscene, lewd, indecent, harassing, threatening, fraudulent, misleading, or otherwise unlawful. You also agree that you represent and warrant that you are not violating any patent, trademark, trade secret, copyright, or other intellectual property right of any person or entity and that you have the legal right to disseminate or disclose the information. Content that encourages or otherwise assists in the commission of a criminal offense, violates the rights of others, or is in violation of the law is strictly prohibited. Any such content may be reported to the appropriate law enforcement authorities. You may not post any content that includes viruses, spybots, adware, corrupted data or other harmful and destructive files. Misrepresentation or impersonation of any other person or entity as well as the unauthorized dissemination of personal information of another party is also prohibited. Further, unsolicited advertisements, marketing, promotions, and political campaigning are forbidden.
Accuracy of Billing & Account Information
You agree to provide current, complete, and accurate information for all purchases made at our store. You agree to promptly update your account and other information, including your contact and payment details, so that we can complete your transactions and contact you as needed.
Soha Diamond Co. uses a third-party company and algorithm to determine if orders placed on our Site are fraudulent and to prevent credit card chargebacks. Based on this information, Soha Diamond Co. reserves the rights to review, fulfill, suspend, or decline your order. This process can take up to 72 business hours and may require you to provide additional information as needed in order to process your order.
Product & Service Availability
Soha Diamond Co. reserves the right to cancel or modify our products and services for any reason at any time. If a product is temporarily unavailable, please contact us to learn more about the future availability of the item. In the event that a product becomes unavailable and our Site is not updated prior to the placement of your order, we will notify you as soon as possible and will work with you to change/modify your order selection, create a custom piece, or cancel/refund your order.
Pricing
On occasion, prices may be inaccurately displayed on our Site due to system or typographical errors. Prices are also subject to change due to price fluctuations that stem from external factors and market conditions such as the nature of the jewelry industry as well as the prices of gold, platinum, silver, lab-grown diamonds, and lab-grown gemstones. Please be aware that such fluctuations may not be updated in real time.
While we make every attempt to correct these errors, they may occur. We reserve the right to correct any and all errors and do not honor inaccurate or erroneous prices. If you order an inaccurately priced item, we will contact you promptly to inform you of the inaccuracy. You will then have the option to pay the difference in price or cancel and refund the order.
Orders
Soha Diamond Co. reserves the right to refuse any order you place with us. We may limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit or debit card, and to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Soha Diamond Co. also reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers and resellers. Use of a third-party fraud prevention company, software, and/or algorithm may be used to verify identity and legitimacy of orders placed and therefore may cause cancellation of orders.
Shipping, Returns, Exchanges, Warranty, & Complimentary Services
Please see Soha Diamond Co.’s Shipping, Returns, Exchanges, Warranty, & Complimentary Services, policies for additional information.
LIFETIME WARRANTY (SERVICE PLAN): PLAN TERMS AND CONDITIONS
This is not a contract of insurance; it is a Service Contract. The information contained in this Service Contract is intended to serve as a valuable reference guide to help You determine and understand What Is Covered under Your Service Contract.
DEFINITIONS:
|
“Claim”: a demand for payment in accordance with this Service Contract sent by You.
“Failure”: the mechanical or electrical breakdown of the covered Product to perform its intended function including defects in materials or workmanship and normal wear and tear; occurring during normal use of the Product.
“Original Purchase Price”:the amount paid by You for the Product; excluding any applicable taxes and/or fees, as evidenced on Your Purchase Receipt. “Plan”: the specific coverage plan option under this Service Contract that You purchased, as indicated on Your Service Contract.
“Product(s)”:the item(s) covered under this Service Contract.
“Purchase Receipt”: the receipt document (paper or e-mail) provided to You as proof of Your Service Contract purchase and Your Product purchase.
“Retailer”, “Dealer”:the party authorized by Us to sell this Service Contract to You.
“Service Contract” indicates the terms and conditions, limitations, exceptions and exclusions included herein and constitute the entire agreement. “Service Contract Fee”:means the payment amount required from the Contract Holder for coverage to remain effective under this Service Contract, as stated on the Purchase Receipt document (excludes any applicable taxes and/or fees). |
“Term”:the period of time in which the provisions of this Service Contract are valid.
“You”, “Your” and “Contract Holder”: indicates the purchaser/owner of the eligible Product(s) that are covered by this Service Contract or the person to whom it was properly transferred.
“Waiting Period”:the period of time starting on the Service Contract purchase date, through thirty (30) days thereafter, during which time no Claims are considered for coverage under this Service Contract.
We”, “Us”, and “Our” indicate the Obligor/Provider/Administrator of this Service Contract, which is not Soha Diamond Co., but is listed on your service contract post sale upon complete registration. |
PRODUCT COVERAGE ELIGIBILITY:
In order to be eligible for coverage under this Contract, the Product must:
YOUR RESPONSIBILITIES:
PRODUCT PROTECTION: If damage or breakdown of the Product is suspected, You should promptly take reasonable precautions in order to protect against further damage.
MAINTENANCE AND INSPECTIONS: If specified in the Product manufacturer’s warranty and/or owner’s manual, You must perform all of the care, maintenance and inspections for the Product as indicated. Proof of the completion of such maintenance, care and/or inspection services may be required at time of Claim.
CONTRACT TERM – EFFECTIVE DATE OF COVERAGE:
WHAT IS COVERED:
In the event of a covered Claim, this Service Contract provides for the labor and/or parts required to repair Your Product, or at Our sole discretion and in lieu of repair, replacement of Your originally covered Product or reimbursement equal to the fair market value of the Product as determined by Us based upon the age of the Product and subject to the LIMIT OF LIABILITY section. When applicable and provided to You, a replacement product may be a new or refurbished product of like kind and quality, at Our discretion. This Service Contract does not have a deductible.
JEWELRY COVERAGE: (Bracelets, earrings, necklaces, and rings)
Breakdown, including but not limited to: broken or kinked chains, bracelet links and clasps; chipped, cracked and scratched gemstones and diamonds; missing accent diamonds and gemstones; broken, worn or bent prongs; cracked or broken shanks; defective stone settings; and broken earring posts. Gemstones that are used to replace chipped, cracked, scratched or missing stones will be of like kind and quality to the original stones. One subsequent ring re-sizing. Lifetime Plans include: initial ring sizing at time of purchase and lost center diamonds and gemstones (if caused by defect in mounting or workmanship).
IMPORTANT: COVERAGE DESCRIBED IN THIS SERVICE CONTRACT WILL NOT REPLACE OR PROVIDE DUPLICATIVE BENEFITS DURING ANY ACTIVE DEALER OR MANUFACTURER’S WARRANTY PERIOD. DURING SUCH PERIOD, ALL PARTS, LABOR, ON-SITE SERVICE AND/OR SHIPPING COSTS COVERED BY THAT WARRANTY ARE THE SOLE RESPONSIBILITY OF THE DEALER or MANUFACTURER’S PARTS USED TO REPAIR OR REPLACE YOUR PRODUCT MAY BE NEW, USED, REFURBISHED, OR NON-ORIGINAL DEALER OR MANUFACTURER’S PARTS THAT PERFORM TO THE FACTORY SPECIFICATIONS OFYOUR PRODUCT. Any and all parts or units replaced under this Service Contract become Our property in their entirety. In no event shall We be liable for any damages as a result of the unavailability of a replacement product.
IF YOU NEED TO FILE A CLAIM:
IMPORTANT: The submission of a Claim does not automatically mean that the damage to or breakdown of the Product is covered under this Service Contract.If Your Product fails, return it to the Retailer where it was purchased. If You are unable to return Your Product to the Retailer, please call the toll free number on this Service Contract for instructions on obtaining service. Have Your Purchase Receipt available. Explain the problem Your Product is experiencing and provide any additional information/documentation needed to validate the Claim. Your Product will be inspected for signs of abuse and/or misuse. If it is determined that there has been misuse or abuse of the Product service will be rejected under this Service Contract. After confirmation of Claim eligibility under Your Service Contract, You will be instructed as to the procedures for obtaining service applicable to Your Product. We will not reimburse You for services performed without prior approval.
SERVICE LOCATIONS:
If Your Product is required to be shipped to an authorized repair center, services provided in association with covered Claims under this Service Contract includes coverage for shipping costs to and from the authorized repair center. In the event the Service Contract Term expires during time of an approved Claim, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Service Contract.
IF OUR DIAGNOSIS INDICATES THAT THE PROBLEM IS NOT COVERED BY THIS SERVICE CONTRACT, YOU MAY BE RESPONSIBLE FOR ALL SERVICE FEES INCURRED FOR SUCH DIAGNOSIS.
LIMIT OF LIABILITY; AGGREGATE CLAIM LIMIT:
Limit of Liability; Aggregate Claim Limit: In the aggregate, the total amount We will pay for ALL Claims pursuant to this Service Contract shall not exceed the Original Purchase Price of the Product, excluding taxes and shipping. In the event this limit is reached, You are no longer eligible to receive any coverage under this Service Contract. In the event that We make payments for repairs and/or a cash settlement, which in the aggregate, are equal to the Original Purchase Price or We replace the product We will have no further obligations under this Service Contract.
IN ADDITION TO THAT WHICH IS NOTED ABOVE, NEITHER WE NOR THE RETAILER SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY COVERED PRODUCT, FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE, OR RESULTING FROM THE UNAVAILABILITY OF REPAIR PARTS/COMPONENTS, OR FOR ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU; INCLUDING ANY INHERENT PRODUCT FLAWS.
AS RELATED AND APPLICABLE TO THE COVERED PRODUCT(S), THIS CONTRACT DOES NOT COVER ANY FAILURE, DAMAGE, REPAIRS OR LOSS IN CONNECTION WITH OR RESULTING FROM:
IF THE ADMINISTRATOR AUTHORIZES SERVICE FOR A CLAIM ON YOUR COVERED PRODUCT, AND IT IS THEN DETERMINED BY OUR AUTHORIZED SERVICE CENTER/TECHNICIAN TO BE EXCLUDED UNDER THE TERMS AND CONDITIONS OF THIS CONTRACT, OR RESULTS IN A “NO PROBLEM FOUND” DIAGNOSIS, YOU MAY BE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS.
RENEWABILITY: Coverage under this Service Contract is not renewable.
TRANSFERABILITY:This Service Contract may only be transferred once and may only be transferred as a gift. The Product may only be transferred within the first ninety (90) days after Product purchase. Contact Us by mail or by calling the toll-free number in this Service Contract and provide Us with the name, address, Service Contract number and date of transfer to the new owner. After the first ninety (90) days, Your Product is not eligible for transfer.
CANCELLATION:
You may cancel this Service Contractat any time by informingtheAdministratorof cancellation request. The following cancellation provisions apply to the original purchaser of this Service Contract only. NO CANCELLATION FEES APPLY.
IF YOU CANCEL THIS SERVICE CONTRACT:
WE MAY ONLY CANCEL THIS CONTRACT FOR:
If We cancel this Contract, We will provide written notice to You at least 15 days (30 days in Georgia) (21 days in Washington) prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a pro-rata refund based upon the same criteria as outlined above.
Distribution & resale
You agree that you will not distribute, market, resell, and/or induce or permit others to distribute, market, or resell Soha Diamond Co.’s products by stating, advertising, or implying any different provenance or origin than fact. You further agree that you will notify any subsequent purchaser of the origin of the diamond and/or gemstone.
COMPARISON SHOPPING
We do not allow comparison shopping. Comparison shopping is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes restocking and inventory overhead, which can be very costly. We are happy to communicate with you via phone, email, or live chat to assist you in making your choice.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website and its content, including all products, are provided on an “as is” and “as available” basis. Soha Diamond Co. makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials, or products included on it. Without limiting the foregoing, Soha Diamond Co. disclaims all warranties, whether express or implied, including but not limited to: the warranties of merchantability, title, non-infringement of third-partY rights, and fitness for particular purpose. Soha Diamond Co. does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, or current. The content of this website may include errors and Soha Diamond Co. reserves the right to make changes or improvements to this website at any time with or without notice. Your use of the websites and products and/or reliance on any of its content is at your own risk.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Soha Diamond Co. and/or its subsidiaries, affiliates, related companies, suppliers, advertisers, sponsors, third-party service providers, and their respective employees, officers, directors, and agents be liable to you or any third-party for damages of any kind arising out of or in connection with your use, or inability to use, the website, any third-party website linked to it, any content on the website or such other websites or any services obtained through the website or such other websites, including but not limited to, incidental, consequential, punitive, direct, indirect, actual, special, or exemplary damages whether based on warranty, contract, tort, or any other legal theory. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Soha Diamond Co. and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against all claims, losses, damages, liabilities, expenses, and costs (including reasonable attorneys’ fees and court costs), arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Wisconsin in the United States of America.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
Notwithstanding these Terms, Soha Diamond Co. reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent your future access to and use of the website. In this event, you will remain liable for all amounts due up to and including the date of termination.
ENTIRE AGREEMENT
The Terms and Conditions and all other policies constitute the entire agreement between you and Soha Diamond Co. and supersede all prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and Soha Diamond Co. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Questions & CONTACT INFORMATION
If you have any questions, please contact us at soha@sohadiamondco.com.
