1. Introduction
These terms and conditions apply to the Vella Diamonds website, which is located at www.velladiamonds.com, as well as all associated websites linked to www.velladiamonds.com by Vella Diamonds, its subsidiaries and affiliates, including Vella Diamond's sites around the world (collectively 'the Site').By visiting or using this website or any other Vella Diamonds’ websites or services, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including Singapore Copyright and Trademark laws. If you do not agree to these terms, please do not use any Vella Diamonds website.
These Terms and Conditions govern your use of, and any purchase from, the Vella Diamonds site, and constitute an agreement between you and Vella Diamonds. Vella Diamonds reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
2. Use of Site
Vella Diamonds' website(s) and content are intended solely for personal and non-commercial use by visitors and on-line shoppers. Any use of any Vella Diamonds ’websites or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Vella Diamonds website. However, you may download, electronically copy and print any of the content of a Vella Diamonds web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Vella Diamonds website in any manner that may be harmful to the operation of the website or its content. Unauthorized use of the Website and its contents may violate applicable laws, including without limitation copyright and trademark laws and laws applicable to electronic communications and transactions. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license whether expressed or implied is revocable at any time.
3. Trademarks
Vella Diamonds and the Vella Diamonds logo, as well as any other product or service name or slogan contained on the website are trademarks of Vella Diamonds and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vella Diamonds or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing "Vella Diamonds" or any other name, trademark or product or service name of Vella Diamonds without our prior written permission.
All other trademarks, registered trademarks, product names and Vella Diamonds’ names or logos mentioned in our Site are the property of their respective owners.
4. Site
4.1 Other Site
Vella Diamonds' website(s) contain links to websites that are not maintained by Vella Diamonds. We try to include links to only those websites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any websites other than our own and cannot guarantee that such websites will not change without our knowledge. The inclusion of a link in this website does not imply Vella Diamonds' endorsement of the website. If you decide to use any links to access other websites, you do so at your own risk.
4.2 Ownership and Copyright
sales@velladiamonds.com is owned and operated by Vella Diamonds. Unless otherwise noted, all design and content included on this website, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Vella Diamonds (or is used under license to Vella Diamonds) and is protected by Singapore and international copyright laws.
4.3 Site Content
The Website and all its content and other materials, including, without limitation, the velladiamonds logo, and all designs, text, graphics, pictures, selection, coordination, user experience, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of velladiamonds or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
5. Product
Velladiamonds makes all reasonable efforts to display the products listed for sale on its website(s) as accurately as possible. However, the colours we use, as well as the display and colour capabilities of your computer monitor, will affect the colours that you actually see on your screen. Velladiamonds cannot guarantee that your monitor's display of any product colour, texture or detail will be accurate. In addition, Velladiamonds does not warrant that product descriptions or other content are accurate, complete, reliable current or error-free. While Velladiamonds makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Velladiamonds reserves the right to refuse sale of that item. If the pricing error is discovered after payment has been finalized, Velladiamonds reserves the right to cancel the sale and refund the transaction in full. If a product offered by Velladiamonds is not as described, your sole remedy is to return it in unused condition.
5.2 Product Availability and Pricing
The products displayed on the Website are available to the best of our knowledge. It is possible that it may be out-of-stock or on back-order. You are encouraged to reach out to us at sales@velladiamonds.com so we can confirm with you of its availability, as well as other details such as its currently location and the estimated time of delivery. It is nonetheless possible that despite our best efforts, that the item is no longer available before we could update the Website. Should this occur, we shall contact you to discuss your options.
All data, including prices, on the Website are subjected to systematic or typographical failures. Velladiamonds strives to avoid such errors, but we cannot guarantee 100% accuracy at all times. We reserve the right to correct any and all errors as and when we find them, and we are not obliged to honour incorrectly stated prices. If the listed price of an item is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Vice versa, if the listed price is actually higher than the actual price and we may at our discretion return you the difference.
The prices indicated on the Website are final and not open to negotiation. They are also subject to change without notice.
5.3 Information on our site
Velladiamonds strive to ensure the Website, including the product catalogue, is as accurate and complete as possible.
In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly.
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. In compliance with industry standards and FTC regulations, Velladiamonds states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour 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, collectively the quality is equal to or exceeds the grade stated.
6. Diamond Certificate and Comparison Purchasing
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.
Unless the seller agrees, loose diamonds cannot be returned.
As for products sold by us, we do not tolerate comparison buying. This refers to the act of buying several items for comparison purposes, eventually keeping only one item and returning the remainder, as this results in unnecessary restocking and adds unnecessary costs for inventory overhead. Should you need to understand the quality of your intended purchase, please contact sales@velladiamonds so we can advise you better.
7. Privacy
Please review Velladiamonds’ Privacy Policy, which also applies to your visit to and use of any Velladiamonds web site.
8. Applicable Law
By visiting Velladiamonds' website(s), you agree that the law of Singapore, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Velladiamonds. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Velladiamonds relating to your access to and use of Velladiamonds’ website(s).
9. Modification
Velladiamonds reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. You agree that each time you visit the website, your visit to and use of the Website will be subject to and bound by the prevailing version of the Terms and Conditions. Please check this page periodically for changes.
10. Dispute Resolution
Any dispute arising with respect to this Terms and Conditions shall first be resolved by negotiation between the parties. In the event the parties are unable to agree, they hereby submit to the non-exclusive jurisdiction of the courts of Singapore.
11. Indemnification
You agree to defend, indemnify and hold harmless Velladiamonds, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to any content you post, store or otherwise transmit on or through the Website, or your use of or inability to use the Website, including without limitation to any actual or threatened suit, demand or claim made against Velladiamonds and/or its independent contractors, service providers and consultants, and their respective directors, officers or employees, arising out of or relating to the content you post and your conduct, and your violation of these Terms and Conditions or your violation of the rights of any third party.
12. Disclaimer of Warranty and Limitation of Liability
The materials and information provided by Velladiamonds on any of its web sites are provided on an "as is" and "as available" basis. Velladiamonds makes no representations or warranties of any kind, express or implied, as to the operation of its web site(s) or the information, content, materials or products included on its web site(s). You agree that your access to, and use of all Velladiamonds web sites(s) is at your own risk to the fullest extent permissible by applicable law, Velladiamonds disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Velladiamonds does not warrant that its website(s), its servers, or email sent from Velladiamonds are free of viruses or other harmful components. Velladiamonds will not be liable for any damages of any kind arising from use of this site, including, without limitation, indirect, incidental, punitive or consequential damages.
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. You also specifically acknowledge that Velladiamonds is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Velladiamonds’ aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Velladiamonds by you for accessing Velladiamonds’ website(s).
13. Termination
Notwithstanding any of these Terms and Conditions, Velladiamonds reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
14. Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
15. Your Account
It is your sole responsibility to maintain confidentiality of your password and to ensure the security of the devices and internet browsers used to access the Website. You agree to be responsible for all activities that occur under your account or password. Those who are under 18 years of age may use the Website under the supervision of a parent or legal guardian. Velladiamonds reserves the right to refuse service, terminate accounts, remove or edit any content or cancel any orders it deems inappropriate in its sole discretion.
16. Comments and Suggestion
We appreciate hearing from our customers and welcome your comments and suggestions regarding Velladiamonds ' website(s) and the products offered for sale by Velladiamonds , provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that Velladiamonds' policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Velladiamonds values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Velladiamonds will become the property of Velladiamonds and shall not be subject to any obligation of confidentiality on the part of Velladiamonds. Velladiamonds shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Empire Treasures shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
17. Payment Terms
After you have selected your jewellery and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorise us and our third-party payment processors to charge the amount of the order to your selected payment method.
18. Product Review and User Content
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
3. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
4. Unsolicited promotions, political campaigning, advertising or solicitations;
5. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
6. Viruses, corrupted data or other harmful, disruptive or destructive files; and
7. User Content that, in the sole judgment of Velladiamonds, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Velladiamonds or its users to any harm or liability of any type.
Velladiamonds takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Velladiamonds liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Velladiamonds is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Velladiamonds has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Velladiamonds reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Velladiamonds systems and customers, or to ensure the integrity and operation of Velladiamonds 'Business and systems, Velladiamonds may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Velladiamonds’ right to disclose any such information shall govern over any terms of Velladiamonds’ Privacy Policy.
If you post User Content to our Site, unless we indicate otherwise, you grant Velladiamonds and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Velladiamonds and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
19. Advertisement and Promotion
Velladiamonds may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Velladiamonds, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Velladiamonds is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Velladiamonds advertisers on our Site.
20. Submission
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Velladiamonds, or our products or services that are provided by you to Velladiamonds are non-confidential and shall become the sole property of Velladiamonds. Velladiamonds will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Velladiamonds and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
21. Policy on Ethical Sourcing
At Velladiamonds, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. Read more about Velladiamonds’ policy on ethical sourcing and the steps we take to ensure our diamonds are from conflict free sources.
22. Conclusion
24-12-2020
Velladiamonds’ web site(s) are operated by Velladiamonds, Inc. from its offices in Singapore. Velladiamonds makes no representations that the contents of any of its web site(s) are appropriate or available for use in other locations. Visitors who choose to access any Velladiamonds web site from other locations do so on their own initiative and are responsible for compliance with applicable local law.
Once again, we thank you for your interest in Velladiamonds. We hope that your experience at any Velladiamonds web site is enjoyable.