Terms and Conditions
1. Terms of Use
Welcome to 25karats.com ("Website"). Please review the following terms that govern your use of our Website ("Terms of Use"). Your continued use of our Website constitutes your agreement to follow and be bound by these Terms of Use.
2. Definitions
25karats.com is the interactive online service operated by 25karats LLC (collectively, "The Company") on the World Wide Web of the Internet. We can be reached via e-mail at service@25karats.com or by telephone at 800-201-3404.
3. General
As we continue to develop our Website, we may from time to time modify, alter, or update these Terms of Use. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an ongoing basis.
4. Website Contents
Unless otherwise noted, the design of this Website, the Website as a whole, and all materials, including images, illustrations, and designs, that are part of the Website (collectively, "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by The Company.
Usage Restrictions
- The Contents of our Website are intended solely for personal, noncommercial use by the users of our Website.
- You may download or copy the Contents displayed on our Website for your personal, noncommercial use only, provided that your copy retains any copyright and trademark notices appearing on our Website.
- No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
- You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Website.
5. Information on Website
At 25karats, we make every attempt to ensure that all information and images on our website are as accurate and complete as possible. However:
- Products may appear larger or smaller than their actual size in our photographs.
- Computer monitor settings may cause color and size variations.
- Dimensions for convex or rounded jewelry are taken before the rounding process, which may cause measurement discrepancies.
- For items with multiple diamonds, we list average grades and measurements.
- We reserve the right to correct any errors in data, descriptions, specifications, or pricing.
- Prices are subject to change without notice.
7. Disclaimer, Limitation of Liability, and Indemnity
THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- Warranties of title
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement of intellectual property rights
THE COMPANY DOES NOT WARRANT:
- That your use of this Website will be uninterrupted or error-free
- That this Website or its server are free of viruses or other harmful elements
- The accuracy, completeness, or reliability of any information, content, or materials on the Website
LIMITATION OF LIABILITY:
- Your use of this Website is at your sole risk.
- You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment used in connection with your use of our Website.
- The Company shall not be liable for any damages of any kind related to your use of this Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
- 25karats LLC or their related entities, vendors or content providers shall not be liable to any person or entity for any direct or indirect loss, damage, injury, claim, or liability of any kind whatsoever based upon or resulting from your use or inability to use this Website or any information or materials provided on the Website.
- The Company is not liable for any defamatory, offensive, or illegal conduct of any user.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless The Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and related entities from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from or arising out of your breach of any of these Terms of Use.
EXCLUSIVE REMEDY:
If you are dissatisfied with the Website or with any of 25karats.com's Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
8. Termination
The Company may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in The Company's sole discretion, you fail to comply with any term or provision in this Agreement.
Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and The Company relating to the subject matter addressed herein.
9. Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.
Additionally, should either party terminate this Agreement, sections 1, 2, 4, 6, 7, 8, 9, and 10 of this Agreement shall remain in full force and survive the termination of this Agreement.
10. Applicable Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in New Jersey.
You agree to submit to the personal jurisdiction of the courts located within New Jersey for the purpose of litigating all such claims or disputes. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Product Descriptions and Pricing
25karats.com attempts to be as accurate as possible in our product descriptions, images, specifications, pricing, and other content. However, 25karats.com does not warrant that product descriptions, images, specifications, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free.
Important Note: In the event of a pricing error, 25karats.com reserves the right to cancel any orders placed for products listed at an incorrect price. If your credit card has already been charged for the purchase and your order is canceled, 25karats.com will promptly issue a credit to your credit card account.
12. Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Website, our products, and our services. We do not, however, accept confidential or proprietary information.
By submitting comments, feedback, ideas, or suggestions to The Company using this Website or otherwise (collectively, "Comments"):