Terms of service
DIVINE DIAMONDS & JEWELRY
TERMS AND CONDITIONS
Last Updated: August 31, 2026
Welcome to Divine Diamonds & Jewelry (“Divine Diamonds,” “we,” “us,” or “our”).
Divine Diamonds & Jewelry is operated by Divine Diamonds and Jewelry LLC, an Arizona [limited liability company/corporation], doing business as Divine Diamonds & Jewelry.
These Terms and Conditions (“Terms”) govern your access to and use of our website, online store, services, and your purchase of merchandise from Divine Diamonds & Jewelry.
By accessing or using our website, creating an account, submitting an order, or completing a purchase, you acknowledge that you have read, understand, and agree to be bound by these Terms and all policies expressly incorporated into them, including our Privacy Policy and Return Policy.
If you do not agree to these Terms, please do not use our website or place an order.
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1. About Our Store
Divine Diamonds & Jewelry offers fine jewelry and related products, including but not limited to natural and laboratory-grown diamonds, engagement rings, wedding bands, necklaces, bracelets, earrings, watches, gemstones, and other jewelry products.
Product descriptions, photographs, videos, grading information, specifications, availability, estimated production timelines, and prices are provided for informational and purchasing purposes.
Although we make reasonable efforts to ensure that information presented on our website is accurate, product information may occasionally contain typographical errors, technical errors, omissions, inaccuracies, or outdated information.
We reserve the right to correct such information as permitted by applicable law.
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2. Eligibility and Customer Information
You must be legally capable of entering into a binding contract in your jurisdiction to make a purchase through our website.
By placing an order, you represent and warrant that:
The information you provide is complete and accurate;
You are authorized to use the payment method submitted;
Your purchase is for lawful purposes; and
You will comply with these Terms and all applicable laws.
You are responsible for reviewing the accuracy of your name, email address, telephone number, billing address, shipping address, sizing information, customization instructions, and other order information before submitting an order.
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3. Product Information and Jewelry Characteristics
We make reasonable efforts to accurately describe and display our merchandise. However, product appearance may vary based on lighting, photography, screen settings, device characteristics, manufacturing tolerances, and the natural or manufactured characteristics of jewelry materials.
Colors, finishes, dimensions, proportions, stone appearance, and other visual characteristics displayed electronically may not appear identical to the physical merchandise.
3.1 Diamonds and Gemstones
Diamonds and gemstones may vary in characteristics including:
Color;
Clarity;
Inclusions;
Cut;
Shape;
Dimensions;
Fluorescence;
Pattern;
Transparency; and
Overall visual appearance.
Variations that are inherent in the nature of a diamond, gemstone, precious metal, or manufacturing process are not considered defects.
3.2 Laboratory-Grown Diamonds
Products represented as laboratory-grown diamonds or laboratory-created diamonds are diamonds created through a laboratory manufacturing process and are not mined diamonds.
Divine Diamonds & Jewelry intends to identify laboratory-grown diamonds clearly and conspicuously in applicable product listings and marketing materials.
The designation “laboratory-grown,” “lab-grown,” or “laboratory-created” describes the origin of the diamond and distinguishes it from a mined diamond.
3.3 Product Photography
Unless a listing expressly identifies a photograph, video, diamond, gemstone, grading report, or serial-numbered item as the specific merchandise being offered for sale, product images may be representative or illustrative.
For merchandise involving a specifically identified certified diamond, gemstone, watch, or unique item, the product delivered should correspond to the identifying information stated in the applicable product listing, subject to reasonable differences in photography and screen display.
3.4 Measurements and Weights
Jewelry measurements, dimensions, stone weights, total carat weights, and other specifications may be approximate where identified as such or where customary manufacturing tolerances apply.
Nothing in this section permits Divine Diamonds & Jewelry to materially misrepresent merchandise or characteristics required to be accurately disclosed by applicable law.
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4. Diamond and Gemstone Documentation
Where applicable, diamonds or gemstones may be accompanied by grading reports, certificates, identification reports, or other documentation issued by independent grading laboratories or other third parties.
Third-party grading laboratories operate independently from Divine Diamonds & Jewelry.
Grading reports reflect the findings or opinions of the issuing organization and are provided for identification and grading purposes. They do not constitute a guarantee by Divine Diamonds & Jewelry of:
Current market value;
Future market value;
Resale value;
Replacement value;
Investment performance;
Appreciation; or
Future pricing.
Customers should review available grading information before purchasing.
Original grading reports and certificates should be retained after purchase because they may be required in connection with returns, exchanges, warranty claims, insurance claims, repairs, replacement, or resale.
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5. No Investment or Resale Guarantee
Jewelry, diamonds, gemstones, watches, precious metals, and other merchandise should not be purchased based on an expectation of investment returns unless expressly stated otherwise in a separate written agreement.
Market prices may increase or decrease over time.
Divine Diamonds & Jewelry makes no representation, warranty, or guarantee concerning:
Future resale value;
Trade-in value;
Appreciation;
Investment performance;
Future replacement value; or
The future market price of any merchandise.
Any appraisal or estimated replacement value provided in connection with merchandise is not a guarantee that the merchandise can be sold for that amount.
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6. Pricing
All prices are subject to change without notice before an order is accepted.
We reserve the right to correct pricing errors, typographical errors, technical errors, promotional errors, or other inaccuracies.
If a material pricing or product-information error affects an order, we may contact the customer before fulfillment to provide corrected information and, where appropriate, offer the customer the opportunity to proceed or cancel the affected order.
We are not obligated to fulfill an order at an obviously erroneous price to the extent permitted by applicable law.
Applicable sales taxes, shipping charges, customs duties, import taxes, brokerage charges, insurance charges, and other fees may apply and will be disclosed when required.
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7. Orders and Order Acceptance
Submitting an order through our website constitutes an offer to purchase merchandise.
An automated order confirmation acknowledges that we received the order but does not necessarily constitute final acceptance of the order or guarantee product availability.
An order is subject to:
Payment authorization;
Fraud screening;
Product availability;
Supplier availability;
Verification of applicable specifications;
Compliance with these Terms; and
Any additional verification reasonably required for the transaction.
We reserve the right to decline, limit, place on hold, or cancel an order for lawful reasons, including:
Suspected fraud;
Unauthorized payment activity;
Payment verification problems;
Product or supplier unavailability;
Incorrect product information;
Pricing errors;
Shipping restrictions;
Suspected resale or commercial misuse;
Violation of these Terms; or
Other legitimate business or legal reasons.
If we cancel an order after collecting payment, amounts due to the customer will be refunded in accordance with applicable law.
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8. Payment and Transaction Verification
We accept the payment methods displayed at checkout.
By submitting payment information, you authorize Divine Diamonds & Jewelry and its payment processors to charge the selected payment method for the applicable purchase amount, including taxes, shipping charges, and other disclosed fees.
High-value jewelry transactions may require additional verification.
Verification may include confirmation of:
Identity;
Billing information;
Shipping information;
Payment authorization;
Telephone number;
Email address; or
Other transaction information reasonably necessary to prevent fraud.
An order may be delayed or canceled if payment or transaction information cannot reasonably be verified.
Nothing in these Terms limits any non-waivable rights you may have regarding unauthorized charges or payment disputes under applicable law.
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9. Shipping, Production and Delivery
9.1 Shipping and Production Estimates
Production, processing, and delivery timelines displayed on our website are estimates unless expressly guaranteed in writing.
Custom, made-to-order, resized, engraved, special-order, or supplier-sourced merchandise may require additional processing or production time.
Divine Diamonds & Jewelry will comply with applicable laws governing shipment timing, delayed orders, customer consent to delays, cancellations, and refunds.
If we are unable to ship merchandise within the time required by applicable law, we may provide the customer with the option to consent to a delay or cancel the affected order and receive any refund required by law.
9.2 Shipping Information
Customers are responsible for providing complete and accurate shipping information.
Divine Diamonds & Jewelry is not responsible for delays or additional expenses caused by an incorrect or incomplete shipping address supplied by the customer, except as otherwise required by law.
Customers should promptly review shipping confirmation information and contact us if an error is identified.
9.3 High-Value Shipments
For security purposes, high-value shipments may:
Require an adult signature;
Require direct signature confirmation;
Be restricted from certain delivery-change requests;
Be shipped only to a verified address; or
Be subject to additional carrier security procedures.
The customer is responsible for ensuring that an appropriate recipient is available when a signature is required.
9.4 Carrier Delays
Except as otherwise required by applicable law, Divine Diamonds & Jewelry is not responsible for delays occurring after timely shipment that result from:
Carrier disruptions;
Weather;
Natural disasters;
Government action;
Customs processing;
Transportation interruptions;
Incorrect addresses supplied by the customer; or
Other circumstances outside our reasonable control.
9.5 Risk of Loss and Confirmed Delivery
Except as otherwise required by applicable law, risk of loss remains with Divine Diamonds & Jewelry until merchandise is delivered to the shipping address supplied by the customer.
Once delivery has been confirmed by the applicable carrier to the address supplied by the customer, including required signature confirmation where applicable, responsibility for subsequent theft, disappearance, or misplacement generally passes to the customer.
Carrier delivery records may be used as evidence of delivery, subject to applicable law.
Customers should immediately notify Divine Diamonds & Jewelry if merchandise is reported as delivered but cannot be located.
We may require reasonable cooperation with carrier investigations, insurance claims, law enforcement reports, affidavits, or other loss-prevention procedures before determining an appropriate remedy.
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10. International Orders
International customers are responsible for determining whether merchandise may legally be imported into their jurisdiction.
Unless otherwise stated at checkout, international customers are responsible for:
Customs duties;
Import taxes;
Brokerage fees;
Local taxes;
Customs-processing charges; and
Other governmental charges associated with importation.
Divine Diamonds & Jewelry is not responsible for delays caused by customs authorities or governmental inspection.
International return shipping, customs procedures, and duties may differ from domestic returns.
Nothing in this section limits any rights that cannot legally be waived under applicable consumer protection law.
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11. Returns, Exchanges and Refunds
We want customers to feel confident purchasing from Divine Diamonds & Jewelry. Due to the nature, value, security requirements, and customization associated with fine jewelry, all returns and exchanges are subject to the following conditions.
This Section 11 governs customer returns, exchanges, and related refunds.
If another provision of these Terms or another Divine Diamonds & Jewelry policy conflicts with this Section concerning a return, exchange, or related refund, this Section 11 will control unless applicable law requires otherwise.
11.1 Return and Exchange Period
A request for return or exchange must be submitted to Divine Diamonds & Jewelry within 7 days of delivery.
For purposes of this Return Policy, “delivery” generally means the date the applicable carrier records the shipment as delivered to the shipping address supplied by the customer, subject to applicable law.
Requests submitted after the applicable return period may be denied.
11.2 Return Authorization Required
All returns and exchanges require prior authorization from Divine Diamonds & Jewelry.
Before shipping merchandise back, the customer must contact Divine Diamonds & Jewelry and receive:
Return authorization; and
Applicable return instructions.
Merchandise returned without prior authorization may be refused and returned to the customer.
Issuance of a return authorization does not constitute approval of a refund or exchange.
All merchandise remains subject to inspection after receipt.
Unless otherwise stated in the return instructions, authorized merchandise should be shipped within 5 business days after return authorization is issued. Authorization may expire if merchandise is not timely shipped.
11.3 Eligible Return Condition
To qualify for a return or exchange, merchandise must:
Be unworn and unused;
Be in its original condition;
Include all original packaging;
Include all grading reports, certificates, documentation, accessories, and materials originally provided;
Have the original product tag attached and untampered with; and
Show no signs of wear, damage, alteration, resizing, modification, engraving, or unauthorized repair.
Divine Diamonds & Jewelry reserves the right to reject merchandise that does not satisfy these requirements.
Where applicable, diamonds and gemstones must be returned with their original grading reports or certificates.
Missing reports, certificates, packaging, accessories, merchandise, or documentation may result in rejection of the return or, where legally permissible, an appropriate adjustment to the approved refund reflecting the resulting loss or replacement cost.
11.4 Return Shipping
Unless the return results from an error by Divine Diamonds & Jewelry, a confirmed covered defect, or we expressly agree otherwise in writing, the customer is responsible for return shipping expenses.
Customers should follow all return instructions provided by Divine Diamonds & Jewelry.
Because fine jewelry may have significant value, customers should not return merchandise using an unapproved shipping method when return instructions specify a particular carrier, level of insurance, packaging method, or security procedure.
Divine Diamonds & Jewelry is not responsible for merchandise lost or damaged during unauthorized return shipping to the extent permitted by applicable law.
11.5 Final Sale and Non-Returnable Merchandise
The following merchandise is considered final sale and is not eligible for return or exchange unless otherwise required by applicable law:
Custom jewelry;
Made-to-order jewelry;
Special-order merchandise;
Engraved merchandise;
Personalized merchandise;
Resized jewelry;
Altered or modified jewelry;
Merchandise customized at the customer’s request; and
Merchandise clearly identified as “Final Sale” before purchase.
Diamond rings and other jewelry that have been resized, altered, modified, engraved, or customized after purchase are final sale and cannot be returned or exchanged unless otherwise required by law or expressly approved by Divine Diamonds & Jewelry.
11.6 Inspection and Final Approval
All authorized returns are inspected after receipt.
Divine Diamonds & Jewelry may, subject to applicable law:
Approve or deny the requested return or exchange;
Reject merchandise that does not satisfy return eligibility requirements;
Reject merchandise showing wear or damage;
Reject merchandise that has been resized, modified, engraved, altered, or improperly repaired; or
Adjust an otherwise approved refund when merchandise, grading reports, certificates, documentation, accessories, or components are missing, where legally permitted.
Return authorization does not guarantee refund approval.
11.7 Refunds
After an authorized return is received and inspected, Divine Diamonds & Jewelry will determine whether the return qualifies for a refund.
Approved refunds will be issued to the original form of payment unless another method is required by applicable law or agreed to by the parties.
Refund processing time may vary based on the payment provider or financial institution.
Unless otherwise stated or required by law, the following charges are non-refundable:
Original shipping charges;
Return shipping charges;
Sizing fees;
Engraving fees;
Customization fees;
Rush-production charges;
Special handling charges; and
Other service charges associated with the purchase.
Such charges may be refunded when appropriate because of an error by Divine Diamonds & Jewelry, an approved covered defect, or when required by applicable law.
11.8 Defective, Damaged or Incorrect Merchandise
If you believe merchandise was defective, damaged, or incorrect at the time of delivery, contact Divine Diamonds & Jewelry promptly.
We may require photographs, documentation, the applicable grading report, packaging, or return of the merchandise for inspection before determining whether a defect or fulfillment error occurred.
Available remedies may include:
Repair;
Replacement;
Exchange;
Refund;
Store credit; or
Another appropriate remedy,
depending on the circumstances, applicable warranty, product availability, and applicable law.
Normal variations inherent in diamonds, gemstones, precious metals, finishes, manufacturing tolerances, or other jewelry characteristics are not considered defects.
11.9 Right to Deny Non-Compliant Returns
Divine Diamonds & Jewelry reserves the right to deny a return or exchange that does not comply with this Return Policy, subject to applicable consumer protection laws and other non-waivable legal rights.
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12. Custom, Personalized, Made-to-Order and Special-Order Merchandise
Custom, made-to-order, personalized, engraved, resized, special-order, or otherwise modified merchandise may not be canceled after production or modification has begun.
For purposes of these Terms, production may be considered to have begun when Divine Diamonds & Jewelry:
Submits the order to a manufacturer or supplier;
Orders a diamond, gemstone, setting, component, or other material specifically for the customer;
Authorizes fabrication or assembly;
Begins engraving;
Begins sizing or resizing;
Begins stone setting;
Begins alteration or modification; or
Otherwise incurs non-recoverable costs specifically related to the customer’s order.
Customers are responsible for reviewing and approving all applicable specifications before production begins, including:
Ring size;
Metal type;
Metal color;
Metal karat or purity;
Diamond or gemstone selection;
Engraving;
Spelling;
Dates;
Design specifications; and
Other requested customization.
Divine Diamonds & Jewelry is not responsible for errors contained in specifications supplied or expressly approved by the customer, except to the extent otherwise required by applicable law.
Return and exchange eligibility for customized merchandise is governed by Section 11.
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13. Jewelry Sizing and Alterations
Customers are responsible for providing accurate sizing information when placing an order.
Ring sizes and other jewelry dimensions may vary slightly based on:
Design;
Width;
Manufacturing method;
Measuring device; and
Individual fit preferences.
We recommend obtaining a professional measurement before purchasing high-value, custom, or sized merchandise.
Sizing, resizing, and alteration fees may apply.
Jewelry that has been resized, altered, repaired, engraved, or otherwise modified after purchase may become ineligible for return under Section 11.
Such work does not, by itself, automatically void all warranty coverage. However, defects or damage caused by or resulting from resizing, alteration, repair, modification, or improper workmanship performed after purchase may be excluded from warranty coverage to the extent permitted by applicable law.
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14. Product Care, Maintenance, Loose Stones and Damage
Fine jewelry requires reasonable care, maintenance, cleaning, and periodic inspection.
Prongs, clasps, settings, links, chains, stones, finishes, and other components may experience wear through ordinary use.
Customers are encouraged to periodically inspect fine jewelry and obtain professional inspection when appropriate, particularly for frequently worn rings and jewelry containing valuable stones.
Except where caused by a covered manufacturing defect or otherwise required by law, Divine Diamonds & Jewelry is not responsible for damage or deterioration resulting from:
Normal wear and tear;
Scratching;
Tarnishing;
Fading;
Impact;
Accidental damage;
Improper use;
Improper storage;
Chemical exposure;
Failure to reasonably maintain the jewelry;
Improper cleaning;
Resizing;
Alteration;
Modification; or
Improperly performed repair.
Except where caused by a covered manufacturing defect, Divine Diamonds & Jewelry is not responsible for stones that become loose or fall out as a result of normal wear, impact, accidental damage, improper care, resizing, alteration, modification, or repair.
Repair services may be available for an additional charge depending on the merchandise’s condition, component availability, and circumstances.
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15. Warranty
15.1 Applicable Warranty
A product may include:
A Divine Diamonds & Jewelry warranty;
A manufacturer’s warranty;
A supplier warranty;
Another written warranty; or
No written warranty beyond rights provided by applicable law.
Where required by law, applicable written warranty terms will be made available to the customer before purchase.
The specific written warranty applicable to merchandise, if any, controls the scope, duration, limitations, claim process, and remedies available under that warranty.
Unless expressly stated otherwise in writing, a warranty does not extend or modify the return or exchange period established under Section 11.
15.2 General Warranty Coverage
Unless a separate written warranty provides broader coverage, a Divine Diamonds & Jewelry warranty applies only to eligible manufacturing defects occurring during the applicable warranty period.
The existence of a defect and eligibility for warranty service may require inspection.
15.3 Warranty Exclusions
Unless expressly covered under an applicable written warranty or required by law, warranty coverage does not apply to damage or defects caused by or resulting from:
Normal wear and tear;
Scratching;
Tarnishing;
Fading;
Accidental damage;
Impact;
Abuse;
Misuse;
Improper cleaning;
Improper storage;
Improper maintenance;
Chemical exposure;
Resizing;
Alteration;
Modification;
Improper repair;
Improper third-party workmanship;
Lost or missing merchandise;
Theft; or
Misplacement.
15.4 Third-Party Repairs, Parts and Alterations
Having merchandise serviced, repaired, resized, or maintained by an independent or third-party jeweler does not, by itself, automatically void otherwise applicable warranty coverage.
However, Divine Diamonds & Jewelry may deny warranty coverage for a defect or damage to the extent that the defect or damage was caused by or resulted from improper repair, resizing, alteration, modification, replacement parts, workmanship, or other services performed by a third party.
Warranty coverage for unrelated covered defects remains subject to the terms of the applicable warranty and applicable law.
15.5 Warranty Remedies
If a valid warranty claim is approved, available remedies may include:
Repair;
Replacement;
Replacement of an affected component;
Store credit; or
Another appropriate remedy.
The available remedy will depend on the applicable warranty, nature of the defect, merchandise condition, product availability, and applicable law.
Warranty coverage does not automatically entitle a customer to a refund unless the applicable warranty or law provides otherwise.
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16. Lost or Stolen Jewelry After Delivery
Once delivery has been confirmed in accordance with Section 9, Divine Diamonds & Jewelry is generally not responsible for subsequent theft, loss, disappearance, or misplacement of merchandise, except as otherwise required by applicable law.
Customers purchasing high-value jewelry are encouraged to:
Use a secure delivery location;
Retrieve delivered packages promptly;
Maintain appropriate homeowners, renters, jewelry, or personal articles insurance; and
Keep purchase receipts, grading reports, serial numbers, photographs, and other documentation.
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17. Fraud Prevention and Security
Divine Diamonds & Jewelry may use fraud-prevention tools and procedures to protect customers and the business.
We may verify identity, payment information, billing information, shipping information, account activity, device information, or other transaction information where reasonably necessary for security and fraud prevention and consistent with our Privacy Policy.
We reserve the right to delay, decline, or cancel transactions reasonably suspected to involve fraud, identity theft, unauthorized payment activity, unlawful activity, or material violations of these Terms.
We may cooperate with payment processors, financial institutions, carriers, insurers, and law enforcement agencies regarding suspected fraudulent transactions as permitted by law.
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18. Promotions, Discounts and Promotional Codes
Promotional offers, discount codes, coupons, credits, giveaways, and special pricing may be subject to separate terms.
Unless expressly stated otherwise:
Promotions cannot be combined;
Promotions have no cash value;
Promotions may be limited to eligible merchandise;
Promotions may exclude custom or special-order merchandise;
Promotions may expire;
Promotions may be limited in quantity; and
Promotions may be modified or discontinued before an eligible order is submitted.
We reserve the right to cancel or refuse use of promotional offers involving fraud, abuse, technical errors, or violation of applicable promotional terms.
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19. Website Use
You may use our website only for lawful purposes.
You agree not to:
Interfere with the operation or security of the website;
Attempt unauthorized access to systems or accounts;
Introduce malicious code;
Scrape or harvest information in violation of applicable law;
Use automated systems to disrupt the website;
Impersonate another person;
Submit fraudulent orders;
Misuse payment systems;
Violate intellectual property rights; or
Use the website in connection with unlawful activity.
We may restrict, suspend, or terminate access to the website for violations of these Terms or to protect customers, our business, or third parties.
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20. Intellectual Property
Unless otherwise stated, website content and materials are owned by or licensed to Divine Diamonds & Jewelry and are protected by applicable intellectual property laws.
Protected materials may include:
Logos;
Trade names;
Product photographs;
Videos;
Graphics;
Website designs;
Product descriptions;
Written content;
Marketing materials; and
Other creative works.
Except as permitted by applicable law, such materials may not be copied, reproduced, distributed, republished, commercially exploited, modified, or used without appropriate permission.
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21. Reviews, Photographs and Customer Content
If you voluntarily submit a review, photograph, video, testimonial, comment, or other content to Divine Diamonds & Jewelry for publication or marketing use, you represent that you have the right to submit that content.
You retain ownership of content you own.
To the extent permitted by law, you grant Divine Diamonds & Jewelry a non-exclusive, worldwide, royalty-free license to reproduce, display, distribute, adapt, and use submitted content in connection with our website, social media, advertising, marketing, and business operations.
We may decline or remove content that is:
Fraudulent;
Misleading;
Defamatory;
Unlawful;
Infringing;
Abusive;
Obscene;
Unrelated to the product or service; or
Otherwise inappropriate.
Nothing in this section authorizes us to misrepresent a customer’s views or create a false endorsement.
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22. Third-Party Services and Links
Our website may integrate with or contain links to third-party services, including:
Payment processors;
Financing providers;
Shipping carriers;
Grading laboratories;
Review platforms;
Social media networks;
Analytics services; and
Other websites or applications.
Third-party services may be governed by their own terms and privacy policies.
Divine Diamonds & Jewelry does not control and is not responsible for independent third-party services, websites, or conduct except to the extent required by applicable law.
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23. Electronic Communications and Acceptance
By using our website or communicating with Divine Diamonds & Jewelry electronically, you consent to receive transaction-related communications electronically where permitted by law.
Electronic communications may include:
Order confirmations;
Payment communications;
Shipping updates;
Delay notices;
Return communications;
Warranty communications;
Security notices; and
Other legally required notices.
You are responsible for maintaining an accurate email address and contact information.
Where the website states that placing an order constitutes agreement to these Terms, submitting the order constitutes electronic acceptance of the Terms to the extent permitted by applicable law.
Divine Diamonds & Jewelry may maintain electronic records reasonably documenting:
The version of the Terms in effect;
The date and time of an order;
Transaction details;
Customer acceptance;
Communications; and
Other information associated with a transaction.
Marketing communications are subject to separate consent requirements and applicable law.
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24. Privacy
Our collection and use of personal information are governed by our Privacy Policy.
By using the website, you acknowledge that personal information may be processed as described in the Privacy Policy.
These Terms do not replace or supersede rights provided under applicable privacy law.
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25. Disclaimer of Website Availability
We attempt to maintain a secure and functional website but do not guarantee uninterrupted or error-free website operation.
The website may occasionally be unavailable because of:
Maintenance;
Technical problems;
Network failures;
Hosting outages;
Cybersecurity incidents;
Third-party service interruptions; or
Circumstances outside our reasonable control.
To the maximum extent permitted by applicable law, Divine Diamonds & Jewelry is not responsible for losses arising solely from temporary website unavailability, except where liability cannot legally be excluded.
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26. Limitation of Liability
To the maximum extent permitted by applicable law:
Divine Diamonds & Jewelry will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the use of the website or merchandise when such damages may lawfully be excluded;
Divine Diamonds & Jewelry’s aggregate liability for a claim arising directly from a particular purchase will not exceed the amount actually paid to Divine Diamonds & Jewelry for the merchandise giving rise to that claim, except where applicable law provides otherwise; and
Divine Diamonds & Jewelry is not responsible for losses resulting from circumstances outside its reasonable control except to the extent otherwise required by law.
Nothing in these Terms excludes, limits, or attempts to waive:
Liability that cannot lawfully be excluded;
Rights arising from fraud or intentional misconduct where such rights cannot be waived;
Applicable product-liability obligations;
Non-waivable warranty rights; or
Rights provided by applicable consumer protection law.
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27. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Divine Diamonds & Jewelry and its owners, officers, employees, and agents from third-party claims, liabilities, losses, and reasonable expenses arising directly from:
Your unlawful use of the website;
Your material violation of these Terms;
Fraud committed by you;
Your infringement of another person’s intellectual property or other legal rights; or
Other unlawful conduct attributable to you.
This provision does not require a consumer to indemnify Divine Diamonds & Jewelry for Divine Diamonds & Jewelry’s own unlawful conduct, negligence, or obligations that cannot legally be transferred to the consumer.
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28. Force Majeure
To the extent permitted by applicable law, Divine Diamonds & Jewelry will not be liable for delays or failure to perform resulting from circumstances beyond our reasonable control, including:
Natural disasters;
Severe weather;
Fire;
Flood;
War;
Terrorism;
Civil unrest;
Government action;
Labor disruptions;
Transportation interruptions;
Carrier disruptions;
Supplier interruptions;
Power outages;
Internet or telecommunications outages;
Epidemics or public-health emergencies; or
Similar extraordinary events.
This section does not eliminate any obligation to provide cancellation rights, refunds, delayed-shipment notices, or other remedies required by applicable law.
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29. Dispute Resolution, Governing Law and Venue
29.1 Informal Resolution
Before filing a lawsuit concerning a dispute arising from a purchase or these Terms, the parties are encouraged to make a good-faith effort to resolve the dispute directly.
A customer may submit a written notice describing the dispute to:
Divine Diamonds & Jewelry
DIVINE DIAMONDS AND JEWELRY LLC
22424 S ELLSWORTH LOOP #1270
QUEEN CREEK, AZ 85142
Email: eric@divinediamondsandjewelry.com
The notice should include sufficient information to identify the applicable transaction and describe the requested resolution.
Nothing in this section prevents either party from seeking immediate relief when necessary to protect legal rights or from exercising rights that cannot lawfully be conditioned on an informal dispute process.
29.2 Governing Law
Assuming Divine Diamonds & Jewelry’s operating entity is organized and principally located in Arizona, these Terms and disputes arising from them are governed by the laws of the State of Arizona, without regard to conflict-of-law principles, except where federal law applies or applicable consumer protection law requires otherwise.
29.3 Venue
Subject to applicable law, legal proceedings arising from these Terms or a transaction with Divine Diamonds & Jewelry shall be brought in the state or federal courts having jurisdiction in [COUNTY], Arizona.
Nothing in this provision prevents a customer from bringing an eligible claim in small claims court or exercising a right to bring a claim in another jurisdiction when applicable law gives the customer a non-waivable right to do so.
29.4 Arbitration
These Terms do not presently require mandatory arbitration.
Divine Diamonds & Jewelry may adopt a separate arbitration agreement in the future only on a prospective basis and with any notice or affirmative acceptance required by applicable law.
Changes to these Terms will not retroactively impose mandatory arbitration on a dispute that arose before the effective date of such a provision unless the parties separately agree.
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30. Changes to These Terms
We may update these Terms from time to time.
The updated version will identify its effective or “Last Updated” date.
Unless applicable law requires another method of notice, revised Terms will become effective when posted or otherwise made available.
Changes will apply prospectively to the extent required by applicable law.
Material changes will not retroactively eliminate rights that had already accrued under an existing transaction where such retroactive application would be prohibited by law.
Continued use of the website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
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31. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate.
The remaining provisions will continue in full force and effect.
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32. No Waiver
Failure by Divine Diamonds & Jewelry to enforce a provision of these Terms in one instance does not constitute a waiver of that provision or the right to enforce it in another instance.
Any waiver must be express and applicable only to the circumstances for which it was given.
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33. Assignment
Customers may not assign or transfer contractual rights or obligations arising under these Terms without our prior written consent where such restriction is permitted by applicable law.
Divine Diamonds & Jewelry may assign its rights and obligations in connection with a merger, acquisition, restructuring, sale of substantially all relevant assets, or other lawful transfer of the business, subject to applicable law.
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34. Entire Agreement and Policy Priority
These Terms, together with:
Our Privacy Policy;
Our Return Policy;
Any applicable written warranty;
Product-specific terms disclosed before purchase; and
Any other policy expressly incorporated into these Terms,
constitute the agreement between you and Divine Diamonds & Jewelry regarding use of our website and purchases from us.
With respect to customer returns, exchanges, and related refunds, Section 11 of these Terms controls in the event of a conflict with another general provision of these Terms or another Divine Diamonds & Jewelry policy, unless applicable law requires otherwise.
A product-specific written warranty controls the scope of warranty coverage for the applicable product.
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35. Contact Information
Questions concerning these Terms, orders, returns, warranties, or merchandise may be directed to:
Divine Diamonds & Jewelry
Operated by: Divine Diamonds and Jewelry LLC
Email: eric@divinediamondsandjewelry.com
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By using the Divine Diamonds & Jewelry website or completing a purchase, you acknowledge that you have had an opportunity to review these Terms and agree to be bound by them to the extent permitted by applicable law.