Terms & Conditions

Limitation of Liability

Your use of the cloudninediamonds.com website(site) constitutes your agreement to be bound by these terms and conditions. 'Content,' as used herein, refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our website, including trademarks, service marks and logos. We may, at any time change the Site and these terms and conditions. Your use of the Site following any such change constitutes your acceptance of such change. For this reason, we encourage you to review this agreement whenever you use this site.

Disclaimer and Limitation of Liability

Our website content is provided on an 'as is,' 'as available' basis, without representations or warranties of any kind. To the full extent permitted by law. Cloud Nine Diamonds, Inc. disclaims all representations and warranties either express or implied, including, but no limited to, warranties of title, particular purpose and for any merchandise offered on or through this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.

The decision to purchase a diamond online is one to be made between you and your chose diamond dealer. By using this site, you agree that we have no responsibility or liability whatsoever to determine whether any diamond is right for you and no liability for any adverse consequences you may suffer from buying that diamond. No guarantees, written or verbal, are made, and no liabilities are assumed, for any advice you may be given, or as to any services or information you receive by linking through this site.

Due to frequent changes in information, we also do not assume responsibility for the validity or accuracy of the information contained on this website, or that the Cloud Nine Diamonds, Inc. website will operate without interruption or error.

In no event shall Cloud Nine Diamonds, Inc., it's affiliates or any of their employees, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this site, the content of this site, the delay or inability to use this site or otherwise arising in connection with this site, whether in contract, negligence or other tortious action, even if an authorized representative of Cloud Nine Diamonds, Inc. has been advised of or should have known of the possibility of such damages. In jurisdictions which do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation shall not be applicable to you.

Your use of the Cloud Nine Diamonds, Inc. Site is at your sole risk and if you are dissatisfied with the Cloud Nine Diamonds, Inc. Site, it's content, or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Cloud Nine Diamonds, Inc Site.

Product Details

The products displayed on this website are not shown to actual size nor are their images binding as to detail. Some products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the product details and content where given.

All products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject.

Price of the Products

Price of the products will be as stated on your website at the time you submit your order. All products must be paid for before being shipped. For products where customization is requested, or for any type of special order you will be asked, when submitting your order, to pay an additional amounting to the price offered on the website.

Inquiries

By making an inquiry you are under no obligation to purchase any product but you agree to be bound by these terms and our Privacy Policy.

Order Acceptance and Payment

Before your order can be accepted, we must receive in cleared funds, or confirmation of authorization of payment(where a credit card is used) the purchase price specified in full(without any deduction).

Once payment has been received by us we will confirm that your order has been accepted by sending an order confirmation to you at the e-mail address you provide. Our acceptance of your order brings into existence a legally binding contract between us. You must pay for the products you order by using any method currently specified on the website, which may include without limitation; a telegraphic transfer or a bank transfer to the Cloud Nine Diamonds, Inc. account; or credit or debit card by communicating your card details to Cloud Nine Diamonds, Inc.(for the avoidance of doubt the credit/debit cards accepted by us are those listed on the website on the date your order is placed).

In the event that payment for an order is not received; or you are not fully and legally entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the products then: Cloud Nine Diamonds, Inc. may contact you allowing you to make payment in full within a specified time period by the same or another means; or Cloud Nine Diamonds, Inc. may at it's sole discretion cancel your order in which case Cloud Nine Diamonds, Inc. shall return any money received from you within 30 days of receipt of such money to your nominated account.

You agree that in any event Cloud Nine Diamonds, Inc. shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur. You agree to indemnify Cloud Nine Diamonds, Inc. in full against all costs incurred by us in obtaining payments from you in the event a failed payment occurs.

Our Right to Cancel

We reserve the right to cancel your order if: one or more of the products you ordered was listed at the incorrect price due to a typographical error in the pricing information received by us from our suppliers or for any other reason; or a force majeure event occurs. Ife we do cancel your order we will notify you by e-mail and will offer an alternative replacement product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order. We shall not be obliged to offer any additional compensation for disappointment suffered and we shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.

Trademark and Copyright Notice

All of the content on the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Cloud Nine Diamonds, Inc. or one of its affiliates or by third parties who have licensed their materials to us.

Use

You may use the content of the Site only for your personal, non-commercial use. The content is for informational purposes only and is not a substitute for professional advice from a qualified jewelry appraiser or gemological laboratory. We do not provide appraisals and suggest you consult your appraiser with questions concerning any gemological identification or valuation. Copying, downloading, reproducing, modifying, publishing, distributing, transmitting, transferring or creating derivative works from the content without the prior written consent of Cloud Nine Diamonds, Inc. is strictly prohibited. We hereby grant permission to you to download, print and store selected portions of the content for your own personal, non-commercial use. You cannot copy or post the content on any network computer or broadcast the content in any media, and you cannot modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Cloud Nine Diamonds, Inc. reserves complete title and full intellectual property rights in any content you download from the Site.

Links to Third Party Sites

This Site may contain links to Sites owned or operated by third parties. Such links are provided for your reference only. We do not control such Sites and we are not responsible for their content. We reserve the right to terminate a link to a third pary Site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that Site.

Comments

We welcome your comments, notes, messages, ideas, feedback, suggestions or other communications (collectively, 'comments') concerning the cloudninediamonds.com Site, which shall be and remain the exclusive property of Cloud Nine Diamonds, Inc. Your submission of any such comments shall constitute an assignment to Cloud Nine Diamonds, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Cloud Nine Diamonds, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, only send us comments which you desire to assign to us.

By accessing and using this Site, you agree that your access and use is subject to the foregoing terms and conditions as well as applicable laws. Our failure to insist upon strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. If any part of this agreement is held unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, with the remainder of the agreement remaining in full force and effect. The terms and conditions constitute the entire agreement between us governing your use of the Site.