Last updated April 26, 2022
Please review and read these Terms and Conditions (these “Terms”) carefully as they represent the binding terms with which you may engage with New World Diamonds, its website and/or other Internet presence, including any of its social media platforms, and other electronic and telecommunication services (collectively, the “Site”, and/or “Services”). BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms constitute an agreement between you and New World Diamonds (“New World Diamonds,” “NWD”, “we”, “our”) and govern any purchases that you make through and your use, and interaction with the Site. The right to modify, change, amend or update these Terms at any time is reserved by New World Diamonds in its sole and exclusive discretion. Modifications, changes, amendments or updates will take immediate effect and shall be posted on NWD’s Site. Any such update shall be noted by the “last updated” date at the beginning of these Terms. Your continued use of the Site and engagement with New World Diamonds for use of the Services shall be deemed your consent to any such change. As such, we recommend that you regularly review these Terms as frequently as you use the Services and Site. If you do not agree to the Terms as indicated herein, stop using the Site immediately.
Our Site's Information:
We make every effort to ensure that our online inventory is as up-to-date and accurate as possible. It is our primary mission to ensure that you have the best shopping experience as possible while using our Site. To do so, some of our products appear larger in their photographs to help you see their clarity and characteristics in greater detail. Please note that because of this some objects will appear larger in their photograph than their actual size and that depending on your computer monitor or viewing screen some products' color and luster may vary. We also use lab grown diamond images and videos that represent the product but are not the actual product image or video. We take great pride in our efforts to provide you with as much information as possible about our products on our Sites and wish to ensure that you make informed decisions about your purchases. To help to accomplish that goal please note that all Lab Created diamonds weights are approximate. Refer to the following for size ranges appropriate to each carat weight listing:
1/20 carat 0.04-0.06; 1/10 carat 0.085-0.11; 1/8 carat 0.115-.14; 1/6 carat 0.145-0.17; 1/5 carat 0.18-0.22; 1/4 carat 0.23-0.28; 1/3 0.29-0.36; 3/8 carat 0.37-0.44; 1/2 carat 0.45-0.57; 5/8 carat 0.58-0.68; 3/4 carat 0.69-0.82; 7/8 carat 0.83-0.94; 1 carat 0.95-1.11; 1 1/5 carats 1.18-1.22; 1 1/4 carats 1.23-1.28; 1 1/3 carats 1.29-1.36; 1 3/8 carats 1.37-1.44; 1 1/2 carats 1.45-1.57; 1 5/8 carats 1.58-1.68; 1 3/4 carats 1.69-1.82; 1 7/8 carats 1.83-1.94; 2 carats 1.95-2.11; 3 carats 2.95-3.17; 4 carats 3.95-4.17; 5 carats 4.95-5.17; 6 carats 5.95-6.17; 7 carats 6.95-7.17.
Additionally, some tolerances may be allowed for based on measurement and manufacturing. Up .20mm for bands may be allowed.
Lab Created diamond jewelry, that is set with several Lab Created diamonds, will be provided with the minimum total carat weight (TW) for the entire piece. Clarity of grades and color will be identified as a “minimum” or “average” contingent upon the number of Lab Created diamonds. If a minimum is what is stated, then all Lab Grown diamonds in that piece will be at or above that minimum weight. If the average is stated then the total aggregate quality of the piece is that identified weight.
You are solely liable and responsible for keeping and protecting your New World Diamonds account username and password confidential and limiting its access to only yourself. In addition, you are solely liable for activities that take place under your individual account and accessed with your password. You may only use our Site with the direction and guidance of a parent or guardian if you are under the age of 18. Finally, take note that we reserve the right to terminate personal accounts, deny service, or cancel orders at any time in our sole discretion and for any reason.
Use of the Site
By using the NWD Site you are given an individual, non-exclusive, non-sublicensable, and limited license to use and access our Site, print, and electronically copy portions of our Site for your personal non-commercial, and informational use only. This license is governed by these Terms and prohibits: (a) any commercial use of the New World Diamonds Site or Materials; (b) use of product listings, photographs, images, or descriptions in the pursuit of commerce; (c) the public dissemination or posting of New World Diamonds Materials; (d) using the Site for alternative purposes other than what is prescribed by the Terms; (e) utilizing the Site for data mining purposes; (f) manipulating the Site or its appearance, or creating alternative links or other window-exiting programming or pop-up triggers; (g) use of the Site in a way that inhibits or effects the daily operation of the Site or Services; or (h) any other non-intended use or purpose. Any unauthorized use of the Site or Materials contained therein is strictly prohibited and will prompt the immediate termination of the license granted herein, unless otherwise authorized by New World Diamonds in writing. The aforementioned unauthorized use may additionally violate copyright and trademark laws and communications regulations and statutes and other applicable laws. Unless otherwise stated, nothing in these Terms shall be interpreted as having granted any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable by New World Diamonds at any time and for any reason.
Mobile Message Service Terms and Conditions
The New World Diamonds Mobile Message Service (the "Service") is operated by New World Diamonds, LLC., (“New World Diamonds”, “we”, or “us”). The Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers. Your use of the Service constitutes your agreement to the following terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic system or similar technology. Your consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Message frequency varies. If you wish to cease receiving messages, reply to the text with the single keyword command STOP. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other New World Diamonds mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For assistance email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Use of Personally Identifiable Information (“PII”). We take your privacy very seriously. Read about why we collect your PII, what we collect, how we use that information and how to access and update it at https://www. newworlddiamonds.com/privacy-policy/. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Product Availability and Pricing
Loose Diamonds placed in the cart does not put them on hold or guarantee availability. If a loose lab grown diamond is placed in the cart and then becomes unavailable, please contact us so we can assist you with different options to facilitate placing an order. Occasionally, due to the volume of sales, an item will become unavailable prior to our ability to update the NWD Site. If such an instance should occur, we will notify you as soon as possible and discuss with you your options and possible alternatives to proceed with a purchase, change your order selection or give you a full or partial refund. Some items are made to order, building your own ring and other items on the Site. These will be available to ship once the product is fully created. This process can take two to eight weeks to make and ship. Choosing an upgraded shipping method does not effect the timeline for making the product, only the shipping method once it’s ready to ship.
On occasion some data points, including prices, may be displayed incorrectly due to a technical or scrivener error. Though we make every reasonable attempt to prevent such errors and confusion, mistakes happen. When such an instance arises, we will correct the error immediately upon its discovery. However, we will not honor the erroneous price or listing. If a product has been shipped and received by you, we will contact you promptly and discuss your options to either return the product or to charge you for the difference in price. If, as a result of the error, the price is lower than what was stated and you contact us, we will discuss your reimbursement options. All our prices are final; we have the right to not negotiate prices on our products.
Returns and Lab Grown Diamond Certificates
Please see our Return Policy for information on any item you may wish to return.
If you purchase a loose Lab Created diamond or any custom-made piece that contains a center certified loose lab grown diamond stone, we will deliver it to you with an accompanying Lab Created diamond grading report or certificate. Lab Created diamond certificates are detailed reports created by Lab Grown Diamond grading experts at one of laboratories that specialize in these efforts. They are expensive to replace and, as a result, you must return the Lab Created diamond grading report or certificate with any return of any custom-made piece or item where a requested grading report or certificate is included. If no report is included with a returned, we will notify you of the option to ship it back to us at your expense and must be trackable or you will be charged a replacement fee of $150, which will be deducted from your refunded amount.
Passage of Certificate Title
New World Diamonds will pass the title for products purchased to the buyer or the buyer's representative when the products are delivered and received by the buyer or the buyer's representative. We will not retain a copy of the Certificate and the Certificate or grading report is not our responsibility if lost or stolen. We can help you order a replacement if needed. Loose Lab grown diamonds that are laser inscribed come with a certificate or grading report; removing the laser inscription makes the certificate or grading report void.
Cancellation of Products
A customer's ordered product or good may be cancelled at any time and for any reason by New World Diamonds. Your only recourse in such an event is a full refund of that which has been paid to New World Diamonds for such product. If you choose to cancel an order, a refund will be granted for the money which has been back to New World Diamonds. Please see our return policy on limits to cancellations. Custom item orders will have a restocking fee of 20% with a maximum of $1000 deducted from the refund if customers cancel their orders after 48 hours of placing them.
We strive to provide pictures and details that will assist you in making your purchase selection online. In limited cases we do allow comparison shopping at home. That is, you are able to buy up to 5 lab grown loose diamonds with the intent of keeping only one, as our costs in shipping and restocking the items, including re-verification of receipt of the proper stone is very high, if you choose to not keep any of the diamonds a $200 fee for this service will be deducted from your refund. You will only be allowed to keep the selection for 10 days. This is only for US residents and may or may not be allowed, it’s at the discretion of NWD staff if they wish to proceed. We would be happy to consult with you over the phone, chat or email to assist you in making your choice.
Communications to New World Diamonds and User Generated Content
Submissions: By your submission of any: question, comment, suggestion, idea, plan, note, drawing, original or creative material or other information, regarding the Site, New World Diamonds, or our Services and products, you acknowledge and agree that such submission is non-confidential and will become the sole property of New World Diamonds once submitted. Thereafter, New World Diamonds shall be the exclusive rights holder, including all intellectual property rights therein, and shall possess unlimited commercial and non-commercial use and disclosure of that information, or communication, without having to provide notice or compensation to you. You hereby permit New World Diamonds and its affiliates, partners and sub-licensees to provide and disclose the name you provided in accordance with the provided communication or content, in their sole discretion. By disclosing that communication or content, you signify and warrant that (a) the content is accurate and not misleading; (b) you possess ownership rights to the communication or content submitted and we have the rights to post that information on the Site and otherwise disseminate and disclose that communication or content; (c) the communication and content submitted will not injure or violate the rights of any person or entity; (d) The information contained in e-mails, chat or on the Site, including any attachments, may be legally privileged and may not be shared without New World Diamonds LLC written consent.
Product Reviews and User Content:
The Site may include “Interactive Services” that allow users to post, store, and share their own and user generated content. Each user, poster, or account holder is completely and individually responsible for his/her use of any Interactive Services and does so at his/her own risk. By your use of any Interactive Services, you agree not to upload, transmit, distribute, post, create, or store, any material that is or could be considered defamatory, libelous, obscene, lewd, indecent or pornographic, harassing, threatening, fraudulent or misleading, and otherwise unlawful;
By posting or communicating your content you represent and warrant that you are not violating any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity. You also warrant that you have the legal right or authority to do so;
Content that consists of instructions, enables, encourages or otherwise assists the commission of a criminal offense, violates the rights of others, or is in violation of, national or international law, is strictly prohibited and when reasonably necessary to prevent the risk of harm as determined by New World Diamonds may be reported to the appropriate law enforcement authorities;
Viruses, spybots, adware, corrupted data or other harmful, disruptive or destructive files are strictly prohibited;
Misrepresentation or impersonation of any other account member, person, or entity is prohibited;
The unauthorized dissemination of sensitive personal information (without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers) from any other party is strictly prohibited;
Unwanted advertisements, promotions, marketing, and promotions, political campaigning are prohibited;
Account member content posted, shared, stored, or disclosed via the Site and/or Services that is deemed to inhibit any other users experience with New World Diamonds may be prohibited at New World Diamonds sole discretion.
Your use of Interactive Services is at your sole risk. New World Diamonds shall not be liable or responsible for any content that any account holder posts, stores, shares, or uploads via Interactive Services. Further, New World Diamonds shall not be liable or responsible for injury or damages that result from an account holder's activities utilizing the Interactive Services that constitute defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity. As a host of Interactive Services, New World Diamonds shall not be responsible or liable for any representations, statements, manifestations, or account holder generated content in appearing therein. New World Diamonds does not have any duty to edit, monitor, or screen content or communications posted via the Interactive Services, however New World Diamonds reserves the right, and has sole discretion, to do so for any reason and at any time with or without notice. You are solely responsible for backing up any stored content posted via the Interactive Services (if desired). Any use of the Interactive Services that is determined to violate these Terms shall result in an immediate termination of the account holders’ access to and use of the Site and Services without further notice.
In order to preserve and maintain New World Diamonds' integrity, business reputation, and user experience, full cooperation will be given to subpoenas and court orders, and legitimate governmental requests. In so doing New World Diamonds may disclose account member personal information if necessary to comply with the applicable order or demand.
Third Party Content:
Third Party Links: Links to third-party websites and services may be provided on our Site. New World Diamonds has no dominion, ownership, or control over third-party websites and services and therefore assumes no liability or responsibility for any activities that occur on third-party websites. Furthermore, unless otherwise expressly stated New World Diamonds does not endorse or condone any third-party or its content and does not warrant any product or service as described or displayed on such third-party website.
Advertisements and Promotions: On occasion advertisements and promotions from third parties may be run on our Site. Any communication, interaction, or transactions with those third-parties is solely between you and that third-party. New World Diamonds assumes no responsibility or liability for such activities and does not warrant the product or services of those third-parties. Finally, you are solely responsible for any loss, injury, or damage that may arise from such activities and interactions.
Limitation of Liability: IN NO EVENT SHALL NEW WORLD DIAMONDS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE SERVICES AND PRODUCTS, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY SITE MATERIALS AND/OR INFORMATION OBTAINED FROM NEW WORLD DIAMONDS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NEW WORLD DIAMONDS RECORDS, PROGRAMS OR SERVICES.
By using the Site, you agree to hold harmless, defend and indemnify, New World Diamonds and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney's fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.
New World Diamonds maintains and reserves the right and ability to terminate or cancel your license to use the Site and to prevent or prohibit your future access thereof in its sole and absolute discretion without prior notice to you.
Should any of provision of the Terms become invalid, void, or unlawful, in whole or in part and thereby unenforceable at a court of law or equity, those terms or provisions shall be stricken and shall not affect the enforceability, validity, and lawfulness of the remaining terms and provisions of these Terms.
Applicable Law and Venue
The Terms herein and your use of the Site and its products and services shall be governed by and construed in accordance with the laws of the State of Michigan. It is also agreed that any civil or criminal action at equity or law that is resultant or regarding these Terms will be filed only in the Federal and State courts located in Macomb or Oakland County, and that you hereby irrevocably and unconditionally waive the personal jurisdiction of any other state or federal court.
Questions & Contact Information
Should any comments or questions arise concerning the Terms please contact New World Diamonds LLC:
By Telephone: 1 (877) 653-2250
By E-mail: firstname.lastname@example.org