How to Design
Terms And Conditions
Welcome to Design Your Own Jewelry by Jewelry Television™ and to diamonddesigngallery.com. These terms and conditions are entered into by and between you and Design Your Own Jewelry by Jewelry Television™ (“Gallery”) (the “Agreement”). By accessing and/or using the diamonddesigngallery.com website including linked sites (the “website”) and/or by ordering products and/or services offered on the website, you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the website or make an order on the website. This Agreement is effective as of February 1, 2010.
Gallery is affiliated with America’s Collectibles Network, Inc. d/b/a Jewelry Television (“JTV”). The mission of JTV is to open the world of jewelry and gemstones to everyone. The mission of Gallery is to offer, at value pricing, a wide selection of high quality, design-your-own diamond and gemstone jewelry. These Terms and Conditions apply to use of the website and orders made from or through the website.
Use of the website.
Use of the website is restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using the website, you represent to Gallery that you are in one of these age categories.
In addition to agreeing to the terms and conditions contained herein, you agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of the website. As a condition of access to and use of the website, you warrant to Gallery that you will not access or use the website or the network for any purpose that is unlawful or prohibited by this Agreement.
Price and Ordering.
All prices shown on the website are quoted in United States Dollars. In addition to the price for goods and services, Gallery will add charges for shipping and handling and also sales tax (where required by law) to all orders. Gallery reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by Gallery.
The receipt by you of an order confirmation does not constitute Gallery’s acceptance of an order. Prior to Gallery’s acceptance of an order, verification of information may be required. Gallery reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Gallery, for any reason. Gallery reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, Gallery shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Gallery shall promptly issue a credit to your credit card account in the amount of the incorrect price.
When you order a loose diamond with a grading report, 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 the 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 $150.
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing involves 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 call our Customer Experience Service Team at (800) 550-8393, and we will be happy to help you make your choice.
Information on our Website.
At Gallery, 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, Gallery states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the website, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
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 Gallery, 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.
Policies that are contained in the Help section of Gallery’s website will also affect your relationship with Gallery. These policies are part of this Agreement and provide additional terms and conditions concerning your dealings with Gallery. For example, currently the terms and conditions on the following topics are contained in our website’s Help section, and are additional terms and conditions that will govern our relationship:
The risk of loss and title for all products purchased by you from Gallery pass to you upon Gallery’s or its affiliate’s delivery to the carrier for shipment to your specified delivery address. Notwithstanding this agreement, to accommodate our customers, Gallery will assume responsibility for any damage or loss in transit, provided that Gallery receives a written notice of claim within the earlier to occur of (i) fourteen (14) days from the date when the shipment was delivered to the customer’s address or (ii) fourteen (14) days from the expected delivery date. Gallery’s assumption of responsibility for damages or loss in transit or non-delivery terminates if a written claim is not timely received by Gallery. In any event, Gallery’s responsibility is limited to either replacement of the merchandise or at Gallery’s sole option, return of the purchase price and shipping charges. Once the package is delivered to your specified delivery address, JTV’s assumption of responsibility for non-delivery terminates. Any package signed for at the customer’s specified delivery address shall be conclusively deemed delivered. For further information about shipping policies, click shipping
In summary, if you are not totally satisfied with any item purchased from Gallery, send it back within thirty (30) days of the original ship date for an exchange or a refund of the price of the item. We must receive any returned item in its unused and as shipped (to the customer) condition, with the original jewelry certification report, back at our processing center no later than thirty (30) days after the original ship date. No returns will be allowed and all sales are final after the thirty (30)-day return period. Any item that has been specially ordered to meet the customer’s specifications (including personalized and engraved items), or has been sized or altered in any manner after shipment to you, either by a jeweler or otherwise, is non-returnable. Shipping and processing charges are non-refundable. For further information about return policies, click returns
Any of our policies may be changed from time to time. Also, new topics and/or programs may be added to our website. Changes and/or additions take effect when Gallery posts them on the website. The above policies and rules are hereby incorporated into this Agreement.
Access and Interference.
You agree that you will not: take any action that imposes or may impose (in Gallery’s sole discretion) an unreasonable or disproportionately large load on Gallery’s infrastructure; use any robot, spider, scraper or other automated means to access the website for any purpose without Gallery’s express written permission; interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
Any information or other communications you transmit to Gallery, including any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information will be treated as non-confidential and non-proprietary in nature, and shall become the exclusive property of Gallery.
The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the website, as well as the selection, assembly and management thereof are herein collectively referred to as the “Content” Gallery reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
Unless otherwise agreed in writing, the Content is the exclusive property of Gallery and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by Gallery or by third parties that have licensed their use to Gallery. Unless Gallery agrees otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on the website and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by Gallery is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of Gallery or any third party that may own the trademarks or service marks displayed on the website. Gallery will aggressively enforce its intellectual property rights to the fullest extent of the law. The Content may contain errors, inaccuracies, omission and typographical errors or may be out of date. You acknowledge that Gallery provides the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on Gallery unless specifically indicated to be so.
Changes and Amendments.
GALLERY RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITE PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AND/OR PLACING ORDERS ON THE NETWORK AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
Termination of Agreement.
Gallery shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the website and that you will immediately cease your use of the website. The restrictions imposed on you with respect to the Content (as defined in Section 7 (Website Content)), and the disclaimers, indemnities, and limitations of liabilities set forth in these terms and conditions shall survive termination.
Gallery shall be under no obligation to continue operation of the website. Gallery may terminate operation of the website or any portion thereof, or any products or services offered through the website or terminate any individual’s right to access or use the website at any time without notice to you, in its sole discretion, without any liability to you whatsoever.
You agree to defend, indemnify and hold harmless Gallery, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney’s fees, arising out of or relating to your breach of this Agreement or your access to or use of the website or the network; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from Gallery’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the website and any product or service provided to you arising out of or relating to your use of the website or the network.
Breach of this Agreement.
In the event that you breach any part of this Agreement, Gallery may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Links to Other Third Party Sites.
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by Gallery of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Gallery, and Gallery is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
Disclaimer and Limitation of Liability as to the Website and Content.
GALLERY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. GALLERY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL GALLERY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Gallery IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GALLERY’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).
Gallery warrants that jewelry products purchased from the website are merchantable and free from defects in design, materials, construction and workmanship. Gallery will, at its option, and as the customer’s sole remedy for a defective jewelry product, replace or repair any defective jewelry product which does not meet the above warranty requirements, and are returned within one hundred eighty (180) days of delivery to customer. ANY FAILURE TO TIMELY MAKE A CLAIM CONSTITUTES A WAIVER OF THIS LIMITED WARRANTY. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS AND SERVICES.
AFTER EXPIRATION OF THE 30-DAY RETURN PERIOD, EXCEPT FOR THE LIMITED WARRANTY AS SPECIFIED ABOVE, GALLERY MAKES NO WARRANTIES, EXPRESS OR IMPLIED AND GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE OR NETWORK MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, GALLERY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.
UNDER NO CIRCUMSTANCES SHALL GALLERY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF GALLERY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GALLERY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Unless otherwise stated by Gallery in writing, this Agreement constitutes the entire agreement between Gallery and the user with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be governed and construed according to the laws of the State of Tennessee, without regard to its conflicts or choice of law provisions. The exclusive venue for any litigation arising out of, or related to, this Agreement, use of the website, or any orders placed or products purchased on the website shall be in the United States District Court of the Eastern District of Tennessee at Knoxville, Tennessee, unless that Court lacks subject matter jurisdiction in which case the courts of general jurisdiction of Knox County, Tennessee shall be the exclusive forum and venue for any such action.
No waiver by Gallery of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
Gallery shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
DMCA Notification Agent.
In accordance with the Digital Millennium Copyright Act (DMCA), Gallery has designated an agent to receive notification of alleged copyright infringement occurring on the website.
DMCA Notification Agent
Attn: Gallery Legal Department
190 Hayfield Drive
Knoxville, Tennessee 37922
Contents of Notice.
The DMCA requires that all notices of alleged copyright infringement be in writing. For Gallery to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Gallery of an alleged copyright infringement, you should include the following information:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
- Describe the material that is claimed to be infringing and provide sufficient information to permit Gallery to locate that material, including the item number, if applicable.
- Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
- Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
- Certify that the information that you have provided Gallery is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
Gallery may not be able to act on your complaint promptly or at all if you do not provide this information.