Bidiamonds.com, referred to as "Bidiamonds," "we," "our," or "us," offers services to you under the terms and conditions outlined in this document, the General Terms and Conditions of Sale ("Terms"), along with additional customer service pages. These resources have been created to enhance your shopping experience with Bidiamonds, ensuring it is both enjoyable and trouble-free. It is essential that you carefully read and comprehend these Terms. By accessing or utilizing the Site or any other services provided by Bidiamonds, you confirm that you have read, understood, and agreed to be bound by these Terms. Furthermore, you commit to abide by all applicable laws and regulations, including but not limited to Israel's Copyright and Trademark laws, while refraining from infringing upon any third-party rights. Additionally, you undertake not to engage in any unlawful activities involving the purchase, use, sale, or supply of any product(s) obtained from Bidiamonds. This includes strict adherence to all export controls and sanctions regulations. If you do not consent to these Terms, kindly refrain from using the Site. Please be aware that we assume no responsibility or liability for any reliance you place on any tax-estimation tool available on the Bidiamonds Site. Upon purchasing Bidiamonds products, you acknowledge that your payment will be processed by approved payment processors and your order will be delivered by approved carriers.

Your privacy is important to us. In the course of your purchase, we collect specific data and information about you. Rest assured that we handle, store, and process this data in accordance with our Privacy Policy. We encourage you to carefully review the Privacy Policy, as it governs your visit and use of the Site. By submitting information to us, you confirm its authenticity, completeness, and accuracy. Please note that any violation of these Terms or the Privacy Policy may lead to the suspension of your user account.

Ownership; Copyright and Feedback

The ownership and operation of this Site are attributed to Bidiamonds, inc. Please note that all design and content featured on this Site, such as text, graphics, logos, icons, images, artwork, audio and video clips, and software, belongs to Bidiamonds (or is used under Bidiamonds' license). It is important to emphasize that these elements are protected by Israel and international copyright laws, as well as other applicable laws and regulations.

Regarding any feedback, comments, or suggestions you provide to Bidiamonds in connection with your use of the Site ("Feedback"), it is acknowledged that Bidiamonds shall exclusively own all rights, including intellectual property rights, associated with such Feedback. Furthermore, such Feedback is considered confidential information, and you hereby transfer and assign all intellectual property rights in the Feedback to Bidiamonds, irrevocably and unconditionally. Any moral rights you may have with respect to the Feedback are also waived. It should be noted that Bidiamonds reserves the right, at its sole discretion, to utilize the Feedback in any manner, and it is under no obligation to use any portion or form of the Feedback.

However, we greatly appreciate hearing from our customers and welcome Feedback related to Bidiamonds' Site and the products available for sale. Please ensure that any Feedback you provide is lawful, free from obscenity, threats, defamation, privacy infringements, or harm to third parties. Additionally, the Feedback should not contain viruses, engage in political campaigning, involve commercial solicitation, chain letters, mass mailings, or any form of "spam." Please refrain from using false email addresses, impersonating others, or misleading us regarding the origin of the Feedback.

While Bidiamonds values your Feedback, please note that our policies prohibit us from accepting or considering unsolicited creative ideas, inventions, suggestions, or materials, unless specifically requested. We request that you be specific in your comments and avoid submitting creative ideas, inventions, suggestions, or materials. Bidiamonds cannot be held liable for any use or disclosure of such Feedback.

Furthermore, any infringement upon our intellectual property rights, including our Marks as described below, may lead to account suspension, your liability for resulting damages, injunctive relief, and/or other potential legal actions.

Trademarks

The marks associated with Bidiamonds, including the Site itself, collectively referred to as "Marks," are the property of Bidiamonds, inc. Other graphical elements, logos, headers, icons, scripts, and service names are also considered Marks of Bidiamonds. It is important to note that the use of Bidiamonds Marks in connection with any product or service not provided by Bidiamonds is strictly prohibited. Such usage should not cause confusion among customers or potential customers, nor should it harm or discredit Bidiamonds. All other trademarks related to the products available on this Site belong solely to their respective owners.

Please be aware that no content on this Site or within these Terms should be interpreted as granting a license or right to use any Marks displayed on the Site without the express written permission of Bidiamonds or the respective trademark or service mark owner. The names "Bidiamonds.com" or "Bidiamonds," as well as Bidiamonds' logos, may not be used for any purpose without the prior written consent of Bidiamonds. Moreover, Bidiamonds' logos may not be utilized as "hot" links to any other website without the prior written consent of Bidiamonds.

Use of the Site

The Site and its content are designed exclusively for personal, non-commercial use by visitors and online shoppers. Any utilization of the Site or its content for purposes other than personal and non-commercial use is strictly prohibited. You are explicitly prohibited from reproducing, publishing, transmitting, distributing, modifying, creating derivative works from, or commercially exploiting any content found on the Site in any manner.

Specifically, you agree not to: (a) utilize, modify, create derivative works of, transfer, reproduce, distribute, display, or disclose the content for any commercial purpose, public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble the content; (c) remove any copyright, trademark registration, or other proprietary notices from the content; (d) disrupt servers or networks connected to the Site; (e) employ or initiate any automated system, such as "robots" and "spiders," to access the Site or extract content or data from it; and/or (f) circumvent, disable, or otherwise interfere with security-related features or content-use limitations of the Site. Additionally, you undertake not to access or use the Site in any manner that could potentially harm its operation or the integrity of its content.

Placing an Order

The provision of personal information to us is not a legal obligation, and you affirm that providing such information is entirely voluntary on your part. You confirm that all the information and details you provide are truthful, accurate, and kept up to date at all times.

When accessing or using any Site, it is your responsibility to maintain the confidentiality of your account and restrict access to your computer. You agree to assume responsibility for all activities conducted under your account or password. If you are under 18 years old, you may only use Bidiamonds.com with the involvement of a parent or guardian. Bidiamonds reserves the right to decline service, terminate accounts, modify or remove content, or cancel orders at its sole discretion. In cases where Bidiamonds suspects fraudulent activity associated with your account, it reserves the right to deny access to your account and delete it.

Acceptance of Your Order

Please be aware that the completion of the online checkout process does not automatically indicate our acceptance of your offer to purchase products or services from us. We will promptly send you an email to acknowledge the receipt of your order and inform you that we are currently processing it ("Confirmation Notice"). However, please note that prior to dispatching the product(s), Bidiamonds reserves the right to decline an order at its discretion and for various reasons. This could include legal or regulatory considerations, availability or stock-related issues, among others. It is important to note that Bidiamonds shall not be held liable for any refusal of an order submitted.

If we are unable to fulfill the product or service you ordered, we will inform you in writing via email and promptly refund you the full amount you paid, should you have already made the payment. We will make every effort to process the refund as soon as reasonably possible, and in any case, within 21 days from the date of receiving your payment.

Delivery

The selection of carriers for delivery is at the discretion of Bidiamonds. Delivery charges and timeframes may vary depending on the type of products ordered, the chosen service, and the delivery address.

Kindly note that certain products and services may be subject to different delivery charges, restrictions, and/or timeframes. In cases where delivery cannot be completed due to the customer's absence at the specified address during the designated carrier's timeframe, or if the customer refuses to accept the products, Bidiamonds reserves the right to deduct the cost of returning the products to the Bidiamonds returns center from the customer's refund for the respective order.

Upon delivery to the delivery address specified in your order, all risks associated with the products you have ordered, including the risk of loss and/or damage, shall pass to you.

If the supply of your product(s) or service(s) is delayed or hindered due to circumstances beyond our control (such as material shortages, import delays, or unexpectedly high demand), we will make every effort to keep you informed. However, to the maximum extent permitted by law, we shall not be held liable for such delays or failures. It is important to note that this paragraph does not exclude or affect any statutory rights you may have to cancel an order when a product is delayed or not provided.

Your Right to Cancel and Refunds

Please be aware that your cancellation rights may be governed by local legislation, and these statutory rights remain unaffected by anything stated in these Terms.

Damaged or Incorrectly Supplied Products

We kindly request that you carefully inspect all products upon receipt and compare them to your order. In the event that the products you receive are damaged or supplied incorrectly, it is important to make a note of the specific details regarding the damage or error on the delivery documentation. If you are unable to examine the items immediately upon receipt, please inform us (by contacting our Customer Service at +1(442) 327-1907 or sending an email to info@bidiamonds.com within a reasonable timeframe. Once you have notified us of any damage or incorrect supply, we kindly ask that you return the products to us as soon as possible.

Product Descriptions

At Bidiamonds, we strive to present the products available for sale on our Site with utmost accuracy. However, please note that the colors depicted, as well as the display and color capabilities of your computer monitor, may influence the appearance of the products on your screen. We cannot guarantee that your monitor will accurately reflect the color, texture, or intricate details of the products. Furthermore, while we make diligent efforts to ensure the accuracy, completeness, reliability, and currency of our product descriptions and other content, we cannot guarantee their absolute precision or freedom from errors. In the event of a pricing discrepancy, Bidiamonds reserves the right to decline the sale of the item in question. If such an error is discovered after payment has been processed, we reserve the right to cancel the transaction and provide a full refund. Should a product offered by Bidiamonds not meet the described specifications, your sole recourse is to return it in unused condition. Availability of items is subject to change, and we will promptly notify you if any of the product(s) you have ordered are unavailable.

User Submissions

The Site provides a platform for the submission, sharing, and publication of content, including names, stories, and photos, that are sent by you ("User Submissions"). Please note that while the option to publish User Submissions exists, we cannot guarantee confidentiality for any such submissions. You are solely responsible for your User Submissions and the implications of posting, publishing, or uploading them. We retain the right, at our sole discretion and without prior notice to you, to decide whether to publish your User Submissions. Furthermore, we reserve the right to remove and/or delete any and all content, including User Submissions, posted on the Site at any time and for any reason.

Ownership of User Submissions

By submitting User Submissions, you affirm that you possess the rightful ownership or necessary rights and permissions to utilize and grant Bidiamonds the authority to use the intellectual property rights associated with your User Submissions. This includes enabling the inclusion and utilization of such submissions as outlined by the Site and these Terms. Rest assured, you maintain complete ownership rights over your User Submissions.

 

Disclaimer of Warranties and Limitation of Liability

Our commitment is to provide accurate information and exceptional service. However, we want to make it clear that there are certain matters that cannot be limited or excluded by applicable law, and these Terms do not affect your statutory rights.

With respect to the materials and information provided on our Site, Bidiamonds presents them on an "as is" and "as available" basis. We do not make any express or implied representations or warranties regarding the operation of our Site or the accuracy, content, materials, or products included on it. Your access to and use of the Site are entirely at your own risk. Bidiamonds explicitly disclaims any responsibility and liability for the accuracy of the tax-estimation tool available on our Site and any related aspects. We, along with our affiliates and suppliers, cannot guarantee or represent that the use of the tax-estimation tool will ensure compliance with any legal obligations, laws, or regulations. Please note that Bidiamonds is not engaged in providing legal, financial, accounting, tax, or related advice or services. We strive to the fullest extent permitted by applicable law, to disclaim all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We cannot warrant that our Site, its servers, or emails sent from Bidiamonds are free of viruses or other harmful components. Bidiamonds will not be liable for any damages arising from the use of this Site, including, but not limited to, indirect, incidental, punitive, or consequential damages.

Apart from the provisions explicitly stated in these Terms, we exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law, or otherwise) to the fullest extent permitted by law. This includes any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, quiet possession, non-infringement, title, quality of service, or any that may arise from a course of performance or dealing, or usage of trade. Bidiamonds and its licensors and suppliers hereby disclaim all such warranties and conditions.

You have the responsibility to follow any advice or instructions provided by us to ensure the safety of the products we supply to you. This includes following any instructions or product manuals that accompany the products. We cannot accept liability for any damage to the products we have supplied if it is caused by your failure to follow this advice.

Furthermore, we want to make it clear that we will not be liable for any consequential, indirect, special, incidental, or punitive damages or losses related to your business, including but not limited to lost data, lost profits, lost revenues, or business interruption. In no event will our aggregate liability under these terms, or otherwise in connection with them, exceed the amount you have actually paid to Bidiamonds under the relevant purchase order giving rise to the liability.

The exclusions and limitations mentioned above apply even if we have been advised of the possibility of such losses, damages, or costs, and even if any remedy provided in these terms fails of its essential purpose. This applies regardless of the theory or basis of liability, including but not limited to fundamental breach, negligence, misrepresentation, strict liability, or other contract or tort liability.

Please note that this disclaimer of liability also extends to damages or injuries caused by failures or performance issues, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, acts of God, communication line failures, theft, destruction, or unauthorized access to, alteration of, or use of records. It applies whether the cause of action is based on breach of contract, tortious behavior, negligence, or any other legal theory. Additionally, you acknowledge that Bidiamonds is not liable for any defamatory, offensive, infringing, or illegal materials or conduct, whether by you or third parties.

It is important to note that certain states may have laws that do not allow limitations on warranties or damages as described above. If such laws apply to you, some or all of the disclaimers, exclusions, or warranties mentioned may not apply, and you may have additional rights.

 

You are responsible for defending, indemnifying, and holding harmless Bidiamonds, its officers, directors, stockholders, affiliates, employees, and agents from any claims, actions, or demands, including reasonable legal and accounting fees, that may arise from your use of the Site (including your User Submissions) or any violation of these Terms.

You are not permitted to assign or subcontract any of your rights or obligations under these Terms to a third party without our written agreement. However, we reserve the right to assign, transfer, delegate, or subcontract any of our rights or obligations under these Terms to a third party at our discretion, without any restrictions or requiring your consent. It is important to note that, to the fullest extent permitted by law, no third party shall have the right to enforce any provisions stated in these Terms.

To the fullest extent permitted by applicable law, these Terms and any disputes between you and Bidiamonds shall be governed by the laws of Israel, without regard to conflicts of laws principles. If any court of competent jurisdiction determines that any provision or portion of these Terms is unenforceable, such provision shall be limited to the extent deemed enforceable by the court, and the remaining provisions shall remain in full force and effect. If a court deems any provision wholly unenforceable, the other provisions of these Terms shall still be valid. These Terms, along with the Privacy Policy, constitute the entire agreement between you and Bidiamonds regarding your use of the Site.

The rights and remedies granted to Bidiamonds under these Terms are not exclusive and are cumulative to any other rights or remedies available under law, equity, statute, or otherwise.

No relaxation or delay by Bidiamonds in exercising any right or remedy under these Terms shall be deemed as a waiver of that right or remedy or affect our ability to enforce it in the future. Any waiver must be explicitly agreed upon by Bidiamonds in writing.

Dispute Resolution:

In the event of any dispute arising from this Agreement, the parties shall make reasonable efforts to resolve it through negotiation. If necessary, and to the extent permitted by applicable law, any unresolved dispute shall be submitted to a court located in Israel for resolution.

Modification:

Bidiamonds retains the sole discretion to amend, alter, add, or remove sections of these Terms at any time. It is recommended to regularly review this page for any updates. By accessing and using any Site, you agree that each visit is subject to and bound by the most current version of these Terms.

Payment Terms:

(a) Payment Processing: Bidiamonds facilitates international payment processing and order fulfillment through its authorized service providers, Stripe or PayPal ("Payment Gateway"). When you place an order on the Site, your payment will be processed using the Payment Gateway's checkout and payment processing services. By doing so, you acknowledge and agree that your payment transaction will be handled by the Payment Gateway, and not directly by Bidiamonds.

If you make a purchase on our Site, you acknowledge and agree to the following terms: (i) Bidiamonds will charge your selected payment method for the order and any associated fees; (ii) you will provide accurate and up-to-date information for yourself, and if applicable, for another person, with their explicit consent or legal authorization; (iii) Bidiamonds may utilize payment processors' tools, software, or services to facilitate the transaction; and (iv) if your payment is not received by Bidiamonds due to any reason determined by your card issuer, you agree to promptly fulfill the payment upon request.

(b) The prices for our products can be found on our website, www.bidiamonds.com However, please note that international orders may be subject to additional charges such as duty charges, VAT, taxes, or surcharges imposed by the destination country's customs. The specific amount of these charges varies from country to country, and it is the customer's responsibility to cover them. Furthermore, applicable sales taxes will be applied based on your region.

You must be aware and pay for any taxes or duty in your own country.

- If you decides to cancel / withdraw you will bear risk, cost of all shipping and return import duties of product

 

These Terms were last updated on May 30nd, 2024. Bidiamonds operates its website(s) through Bidiamonds, inc. from its offices in 169 Madison Ave STE 11295 New York, NY 10016. Bidiamonds does not warrant that the content of its website(s) is suitable or available for use in other locations. Visitors who access Bidiamonds' website(s) from other locations do so at their own discretion and are responsible for complying with the applicable local laws.

Thank you for choosing Bidiamonds.