The Soha Diamond Co. Terms and Conditions were last updated on July 2nd 2018
The following Terms and Conditions (“Terms”) apply to this website (“Site”), which is operated by Soha Diamond Company LLC. Throughout the Site, the terms “we”, “us”, and "our” refer to Soha Diamond Co.
By using this Site, you agree to be bound by the following Terms. For the purposes of these Terms, “use” shall be defined as the act of making a purchase and/or creating an account. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. Please read through these Terms carefully as they represent the binding terms with which you may engage with Soha Diamond Co.
Changes to the terms & Conditions
Soha Diamond Co. reserves the right to modify, change, amend, or update these Terms at any time. Modifications, changes, amendments, or updates will take immediate effect and will be posted on this Site. Any such update shall be noted by the “last updated” date at the beginning of these Terms. It is your responsibility to periodically check these Terms for changes. Your continued use of the Site following any such changes will mean that you accept and agree to the changes.
Laboratory-Grown Diamonds & Gemstones
All certified diamonds and colored gemstones sold by Soha Diamond Co.™ are created in a laboratory setting, most commonly referred to as “laboratory grown.” Laboratory grown diamond center stones are laser inscribed disclosing their origin and accompany a report number referring to the grading report done by a third party, non-bias diamond grading laboratory (or similar), such as IGI, GCAL, or GIA and are commonly referred to in the market as: Synthetic diamonds, lab-grown diamonds, lab-created diamonds, man-made diamonds, cultivated diamonds, cultured diamonds, manufactured diamonds, produced diamonds, grown diamonds, HPHT diamonds, or CVD diamonds which exhibit the same chemical, physical, and optical properties of mined diamonds.Therefore, all grown diamonds offered by Soha Diamond Co. ™are guaranteed and unequivocally, blood and conflict free.
The terms above denote the process of growing a diamond or gemstone whereby an earth-derived seed crystal or another lab-grown seed crystal is used as its origin. Advanced technology therefore duplicates the process by which diamonds and gemstones naturally develop.
You hereby agree that you understand the meaning of these descriptions and that you are aware of the man-made origin of our diamonds and gemstones as disclosed by us, whether or not each mention of the word “diamond” or “gemstone” includes this qualifier or not.
Laboratory-Grown Diamond & Gemstone Grading Report
Your purchase of a lab-grown diamond or gemstone from Soha Diamond Co. will include the accompanying grading report. A lab-grown diamond or gemstone laboratory grading report is an independent, third party opinion regarding the quality of a lab-grown diamond or gemstone. While such reports are based upon quantifiable standards, a certain level of subjectivity is always inherent in the lab-grown diamond and gemstone grading process. Moreover, the standards employed by the various diamond and gemstone laboratories are not uniform and may vary. Accordingly, Soha Diamond Co.’s transmittal or use of any such report does not imply Soha Diamond Co.’s agreement with or endorsement thereof.
Use of the Site
By using the Site, you are granted a personal, limited, non-sublicensable license to access and use the Site, print, and electronically copy portions of our Site for your personal, non-commercial, and informational use only.
Prohibited Uses. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Information on our site
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. We endeavor to present accurate information on our website at all times. However, we present our website content “as is” and make no claims as to its accuracy, either expressed or implied.
In order to give you the opportunity to view our products in great detail, some product images may appear larger or smaller than their actual size. Given the variation in computer monitor settings and viewing screens, some products’ color, size, and other details may vary.
In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. We provide the measurement of our products based on our USA manufacturing specifications and on standard jewelry sizes as a benchmark. Weight and measurements of the precious metal, grown diamond, and grown colored gemstones do vary and are approximated based on standard sizing of the piece. A slight tolerance may be accounted for based on finishing and actual finger (or similar) size during the manufacturing process.
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, the collective quality is equal to or exceeds the grade stated.
Errors, Inaccuracies, and Omissions. Soha Diamond Co. makes every effort to ensure that the information on our Site is as current and accurate as possible. However, there may be occasions when information on this Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Any such errors are unintentional. We reserve the right to correct any errors, inaccuracies, or omissions at any time without notice.
Information about you & your visits to the website
THIRD-PARTY links & services
Comments, feedback, reviews, submissions, & other user-generated content
Submissions. By submission of any communication—including, but not limited to: questions, comments, suggestions, ideas, plans, notes, drawings, or other material—regarding Soha Diamond Co., this Site, or our products or services, you acknowledge and agree that such submission is non-confidential and will become the sole property of Soha Diamond Co. upon submission. Once the submission has been received, Soha Diamond Co. shall be the exclusive rights holder and shall be entitled to the unrestricted use and dissemination of the submission for any commercial or non-commercial purpose without acknowledgment, notice, or compensation to you. Upon submission, you signify that the content is accurate and not misleading; that you possess ownership rights to the submission and have the right to disseminate and disclose submission; and that the submission will not injure or violate the rights of any person or entity.
Reviews and User Content. This Site may include “Interactive Areas” that allow users to post, store, and share user generated content. You are solely responsible for your use of any interactive area and do so at your own risk. By your use of any interactive area, you agree not to upload, transmit, distribute, post, create, or store any material that is or could be considered defamatory, libelous, obscene, lewd, indecent, harassing, threatening, fraudulent, misleading, or otherwise unlawful. You also agree that you represent and warrant that you are not violating any patent, trademark, trade secret, copyright, or other intellectual property right of any person or entity and that you have the legal right to disseminate or disclose the information. Content that encourages or otherwise assists in the commission of a criminal offense, violates the rights of others, or is in violation of the law is strictly prohibited. Any such content may be reported to the appropriate law enforcement authorities. You may not post any content that includes viruses, spybots, adware, corrupted data or other harmful and destructive files. Misrepresentation or impersonation of any other person or entity as well as the unauthorized dissemination of personal information of another party is also prohibited. Further, unsolicited advertisements, marketing, promotions, and political campaigning are forbidden.
Accuracy of Billing & Account Information
You agree to provide current, complete, and accurate information for all purchases made at our store. You agree to promptly update your account and other information, including your contact and payment details, so that we can complete your transactions and contact you as needed.
Soha Diamond Co. uses a third-party company and algorithm to determine if orders placed on our Site are fraudulent and to prevent credit card chargebacks. Based on this information, Soha Diamond Co. reserves the rights to review, fulfill, suspend, or decline your order. This process can take up to 72 business hours and may require you to provide additional information as needed in order to process your order.
product & service availability
Soha Diamond Co. reserves the right to cancel or modify our products and services for any reason at any time. If a product is temporarily unavailable, please contact us to learn more about the future availability of the item. In the event that a product becomes unavailable and our Site is not updated prior to the placement of your order, we will notify you as soon as possible and will work with you to change/modify your order selection, create a custom piece, or cancel/refund your order.
On occasion, prices may be inaccurately displayed on our Site due to system or typographical errors. Prices are also subject to change due to price fluctuations that stem from external factors and market conditions such as the nature of the jewelry industry as well as the prices of gold, platinum, silver, lab-grown diamonds, and lab-grown gemstones. Please be aware that such fluctuations may not be updated in real time.
While we make every attempt to correct these errors, they may occur. We reserve the right to correct any and all errors and do not honor inaccurate or erroneous prices. If you order an inaccurately priced item, we will contact you promptly to inform you of the inaccuracy. You will then have the option to pay the difference in price or cancel and refund the order.
Soha Diamond Co. reserves the right to refuse any order you place with us. We may limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit or debit card, and to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Soha Diamond Co. also reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers and resellers. Use of a third-party fraud prevention company, software, and/or algorithm may be used to verify identity and legitimacy of orders placed and therefore may cause cancellation of orders.
Shipping, Warranty, Returns, & Exchanges
Please see Soha Diamond Co.’s Shipping, Returns & Exchanges, & Warranty, policies for additional information.
Distribution & resale
You agree that you will not distribute, market, resell, and/or induce or permit others to distribute, market, or resell Soha Diamond Co.’s products by stating, advertising, or implying any different provenance or origin than fact. You further agree that you will notify any subsequent purchaser of the origin of the diamond and/or gemstone.
We do not allow comparison shopping. Comparison shopping is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes restocking and inventory overhead, which can be very costly. We are happy to communicate with you via phone, email, or live chat to assist you in making your choice. We also offer a Home Try-On Program, which is discussed in the following section.
HOME TRY-ON PROGRAM
Soha Diamond Co. offers a three (3) day home try-on program to help you choose the perfect lab-grown engagement ring and/or wedding band. To take advantage of this offering, simply choose two (2) sample-setting styles from our home try-on collection and pay the required $50 fee. We will then ship the items to you, along with a pre-paid return shipping label. Once the home try-on package is returned in a timely fashion with all samples in original condition, we will credit your $50 towards your purchase of a new ring. This purchase must take place within 30 days of the date of credit. Please note that this $50.00 program credit is non-refundable.
When you place an order for sample home try-on pieces, your package will be shipped within the next three business days via two-day air. If the selected sample piece is out for review, we will notify you when the piece will be available and ready to ship.
Once the trial period has ended, the sample settings must be returned in their original condition. Sample settings that are damaged, missing, lost, or stolen will result in a charge to your card of the full cost of the sample setting ($50 per ring, up to $100 total).
To ensure that the items are returned in a timely fashion, the home try-on package must be postmarked by the next business day following the 3-day try-on period. To return, we will provide a pre-paid return shipping label for your use. The shipping label will include both signature and insurance requirements so that it complies with our shipping policies. For home try-on packaging instructions, please refer to the UPS Safe Shipping & Packaging Checklist. You may then simply adhere the label to the package and drop it off at the nearest carrier, which we will specify at the time of label delivery.
If the try-on period ends on a weekend or holiday, simply return the package to your local UPS store on the next available business day.
While we ask that packages be returned within the trial period, we understand that things come up. If you need additional time to decide, please contact us as firstname.lastname@example.org or at 800-608-0476 to arrange an alternative return date. We are available respond to your phone call or email during business hours.
Although our alloy sample settings are not precious metals and do not feature lab-grown gemstones, they do accurately represent the style of the item. However, the sample settings by no means reflect the finished quality or craftsmanship of the final product.
The Soha Diamond Co. home try-on program is only available within the United States, excluding Alaska and Hawaii.
Lifetime Laboratory-Grown Diamond UPGRADE PROGRAM
Soha Diamond Co. proudly offers a lifetime lab-grown diamond upgrade program for select certified IGI, GCAL, or GIA graded lab-grown center-stone diamonds purchased from Soha Diamond Co. This program is available during the lifetime of the original owner/purchaser of the lab-grown diamond and is non-transferable. In addition, please note that upgrades are not available for side stones and lab-grown colored gemstones.
Through our diamond upgrade program, eligible lab-grown diamonds purchased from Soha Diamond Co. can be exchanged for credit equivalent to the original purchase price, excluding any tax and/or shipping costs. The credit will be applied toward your purchase of a new diamond that is at least twice the price of your original lab-grown diamond. All applicable setting/polishing fees, taxes, and shipping costs will be charged on the full retail price of the new diamond before any credit is applied.
The original diamond must be in its original condition (no nicks, chips, cracks, blemishes, damage, or alteration). The diamond must also be accompanied with original documentation and the laser inscription must match the original diamond grading report. To ensure eligibility, you must take the upmost care of your diamond by regularly cleaning, inspecting, and maintaining the diamond so that it remains in its original condition. Any damage to the original diamond or grading report may disqualify the diamond from our upgrade program. If the certificate is missing or damaged, you will be charged a certificate replacement fee of $250.
Please be aware that Soha Diamond Co. is not responsible or liable for loss due to theft, damage, neglect, or general wear and tear.
Ring Settings: The credit value of your original diamond is based solely on the value of the lab-grown diamond. If the original setting can accommodate the new diamond and is in reusable condition, we will set your new diamond in your original setting. If the original setting cannot be reused, you may purchase a new, compatible setting from Soha Diamond Co. If you purchased a loose lab-grown diamond and did not purchase the setting from Soha Diamond Co., please return the loose diamond only.
Soha Diamond Co. reserves the right to modify or discontinue this program and is not liable for previous purchases that are no longer eligible to participate. Violation of these Terms and/or any other Soha Diamond Co. policy will result in the revocation of program eligibility. Soha Diamond Co. reserves the right to inspect and verify the authenticity and condition of the diamond.
To initiate a diamond upgrade, please email us at email@example.com or call us at 800-608-0467 to speak with a Diamond Upgrade Consultant.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website and its content, including all products, are provided on an “as is” and “as available” basis. Soha Diamond Co. makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials, or products included on it. Without limiting the foregoing, Soha Diamond Co. disclaims all warranties, whether express or implied, including but not limited to: the warranties of merchantability, title, non-infringement of third-partY rights, and fitness for particular purpose. Soha Diamond Co. does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, or current. The content of this website may include errors and Soha Diamond Co. reserves the right to make changes or improvements to this website at any time with or without notice. Your use of the websites and products and/or reliance on any of its content is at your own risk.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Soha Diamond Co. and/or its subsidiaries, affiliates, related companies, suppliers, advertisers, sponsors, third-party service providers, and their respective employees, officers, directors, and agents be liable to you or any third-party for damages of any kind arising out of or in connection with your use, or inability to use, the website, any third-party website linked to it, any content on the website or such other websites or any services obtained through the website or such other websites, including but not limited to, incidental, consequential, punitive, direct, indirect, actual, special, or exemplary damages whether based on warranty, contract, tort, or any other legal theory. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless Soha Diamond Co. and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against all claims, losses, damages, liabilities, expenses, and costs (including reasonable attorneys’ fees and court costs), arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Wisconsin in the United States of America.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Notwithstanding these Terms, Soha Diamond Co. reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent your future access to and use of the website. In this event, you will remain liable for all amounts due up to and including the date of termination.
The Terms and Conditions and all other policies constitute the entire agreement between you and Soha Diamond Co. and supersede all prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and Soha Diamond Co. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Questions & CONTACT INFORMATION
If you have any questions, please contact us at firstname.lastname@example.org.