Terms & Conditions
Terms
& Conditions
These
terms and conditions apply to the TASSAR website located at www.shop.tassartrade.com,
and all associated websites linked to www.tassartrade.com by TASSAR, its
subsidiaries and affiliates, including TASSAR’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 TASSAR, and constitute an agreement between you and TASSAR. TASSAR
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
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 one of our consultants at sales@tassartrade.com.
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.
Returns, Refunds & Cancellations
A.
Lifetime Warranty
View our Lifetime Warranty policy.
B.
Returns & Refunds
- Customers are to carefully select
their diamonds so that the need to return/exchange does not arise.
- After full or partial payment is
made TASSAR assumes that the customer has carefully considered and agreed
upon the diamond and gemstone specification, and no cancellation or refund
is allowed.
- At TASSAR we stand behind the
quality of our products and offer customers the opportunity to request for
a refund under the following conditions:
- GIA number inscribed on the
diamond does not match its GIA certificate.
- TASSAR will send customers a
digital video or picture of the GIA certificate number inscribed on the
girdle of the diamond before the goods are sent. If the digital video or
picture is agreed upon, no return is allowed to prevent fraudulent refund.
- Customers must contact TASSAR
first before returning an item.
- In the event of refunds, goods
sold need to be returned in their original condition (without any damage)
with all accompanying packaging, documents, materials and proof that the
inscribed number is not accurate, and no later than 7 days after the
purchase date. In case any of the items are missing, the customer will be
charged a penalty for replacements.
- Upon receiving your returned item
in its original condition with all accompanying documents and materials,
the diamond will be weighed and checked against its corresponding grading
certificate and our quality assurance graduate gemologist will sign it
off. Your refund will then be processed in the next 4-5 days; however, it
may take as long as 2 weeks, depending on your location and/or payment
method.
- While we do offer all clients
free shipping when delivering your order, we deduct a shipping charge for
returns. This charge is the exact amount the courier company charges for
the shipment, and it will be deducted from your refund.
- It is important to note that in
the case of a purchase of a multi-diamond or colored gemstones parcel (for
example, 2 or more diamonds or colored gemstones in one purchase or from
the same client), we cannot accept the claim that the majority, or all the
diamonds are unacceptable and need to be returned. For this reason, for
those customers which purchase more than one diamond we cannot always honor
our 7 day returns policy for more than one of the diamonds in the parcel.
We will always notify you prior to sending out the diamond(s) if we cannot
honor our return policy for the purchase you have made.
Price Match
The
following terms and conditions apply to TASSAR’s Diamond Price Match program:
- TASSAR’s Diamond Price Match
program applies only to certified loose diamonds sold through www.shop.tassartrade.com.
- The Diamond Price Match program
only applies before you purchase your TASSAR diamond.
- The competing price must be
available to any member of the public and cannot be a unique discount.
- The lower price must remain in
effect at the time your request is verified by TASSAR.
- Expired offers are not eligible.
- Competing prices must be in the
same currency.
- The competitor's diamond must
have the same characteristics, including carat weight, cut, color,
clarity, fluorescence, table and depth percentage, symmetry, etc. as a
certified TASSAR diamond. TASSAR reserves the right to review your request
and decide, in our sole discretion, whether the competitor's diamond is
comparable.
- Diamond price match does not
qualify for colored diamonds.
- The competitor's diamond must
have a GIA grading certificate and the certificate must be dated within
the last two (2) years.
- The competitor's diamond must be
in stock and available for purchase at that price.
- The TASSAR price is the price
after any rebates, gift certificates, and promotional discounts have been
applied to the item. Costs for comparable shipping and handling will be
included in the price comparison.
- Competitors' special promotions
such as rebates, gift certificates, bundled products and "buy one,
get one" offers are not eligible for the Diamond Price Match Program.
- Time-limited sales events, offers
advertised as limited in time or quantity, clearance, liquidation and
going-out-of-business sales, and loyalty program offers are ineligible for
the Diamond Price Match program.
- The Diamond Price Match Service
does not apply where the competitor or TASSAR has made a pricing error or
typographical error on an item.
- Pawn shops and auctions (websites
or brick and mortar stores) are ineligible for the Diamond Price Match
Program.
- Only one diamond per customer is
eligible for the Diamond Price Match program (multiple claims on the same
diamond will not be eligible, regardless of the quantity ordered), and the
Diamond Price Match program can only be applied once per diamond, even if
a lower-priced offer is subsequently found.
- The Diamond Price Match program
only applies to purchases for personal use. The Diamond Price Match
program does not apply to purchases for resale or commercial purposes.
- If TASSAR decides to match a
competitor's price, we will honor the new price for 48 hours.
- TASSSAR reserves the right to
verify all information regarding the competing offer and to refuse to
offer a lower price, in its sole discretion, is unsatisfied with its
ability to verify the competing price.
- We reserve the right to: (1) deny
requests, (2) modify these terms at any time, and (3) terminate the
Diamond Price Match program at any time.
Privacy Policy
Please
refer to our Privacy Policy for information on how TASSAR collects, uses, and
discloses personally identifiable information from its customers.
Site Content
The
Site and all content and other materials, including, without limitation, the TASSAR
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 TASSAR 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
TASSAR,
the TASSAR logos, and any other product or service name or slogan contained in
our Site are trademarks of TASSAR and its suppliers or licensors, and may not
be copied, imitated or used, in whole or in part, without the prior written
permission of TASSAR or the applicable trademark holder. You may not use any
metatags or any other “hidden text” utilizing “TASSAR” or any other name,
trademark or product or service name of TASSAR without our prior written
permission. All other trademarks, registered trademarks, product names and TASSAR
names or logos mentioned in our Site are the property of their respective
owners.
Infringer Policy
In
accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, TASSAR has adopted a policy of terminating and barring, in
appropriate circumstances and at TASSAR’s sole discretion, site users or
account holders who are deemed to be repeat infringers. TASSAR 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
TASSAR
may provide links to Web pages and content of third parties (‘Third Party
Content’) as a service to those interested in this information. TASSAR does not
monitor or have any control over any Third Party Content or third party Sites. TASSAR
does not endorse any Third Party Content and can make no guarantee as to its accuracy
or completeness. TASSAR 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
TASSAR
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 TASSAR, and any terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
third party. TASSAR 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-TASSAR 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, , or our TASSAR
products or services that are provided by you to TASSAR are non-confidential
and shall become the sole property of TASSAR. TASSAR 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 TASSAR 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
- 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;
- the content is accurate and not
misleading; and
- 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
TASSAR
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 TASSAR, and any terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
third party. TASSAR 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-TASSAR advertisers on our Site.
Advertisements and Promotions
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:
- 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;
- 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;
- User Content that impersonates
any person or entity or otherwise misrepresents your affiliation with a
person or entity;
- Unsolicited promotions, political
campaigning, advertising or solicitations;
- Private information of any third
party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other
harmful, disruptive or destructive files; and
- User Content that, in the sole
judgment of TASSAR, is objectionable or which restricts or inhibits any
other person from using or enjoying the Interactive Areas or our Site, or
which may expose TASSAR or its users to any harm or liability of any type.
TASSAR 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 TASSAR 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, TASSAR 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 TASSAR has no
obligation to screen, edit or monitor any of the Content posted in any
Interactive Area, TASSAR 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 TASSAR’s
systems and customers, or to ensure the integrity and operation of TASSAR’s
business and systems, TASSAR 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. TASSAR’s
right to disclose any such information shall govern over any terms of TASSAR’s
Privacy Policy. If you post User Content to our Site, unless we indicate
otherwise, you grant TASSAR 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 TASSAR 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
- 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;
- the User Content is accurate and
not misleading; and
- 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 TASSAR, 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 TASSAR
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 TASSAR, 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. TASSAR
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. TASSAR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN
OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE. TASSAR 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 TASSAR, 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 DIF
DIRECT, 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 DIF
DIRECT’S RECORDS, PROGRAMS OR SERVICES.
Modification and Notice
You
agree that TASSAR 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, TASSAR reserves the right, without notice
and in its sole discretion, to terminate your license to use this site, and to
block or prevent future 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.