Earth Treasures, Inc.

WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.

Use of Site. Earth Treasures, Inc. ("Earth Treasures") authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Use of Software. If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

User Submissions. Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Earth Treasures will have no obligations with respect to the Communications. Earth Treasures and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

User Chat Rooms. Earth Treasures may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Earth Treasures, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. Earth Treasures has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Earth Treasures does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Earth Treasures further does not warrant the accuracy and completeness of the materials at this Site. Earth Treasures may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Earth Treasures makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Earth Treasures business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. IN NO EVENT WILL Earth Treasures, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data at this Site.

Applicable Laws. Earth Treasures makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

General. Earth Treasures may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Earth Treasures' Product Policies & Legal Notices

We have tried to give you immediate information to many important questions you might have. Feel free to review the following or contact one of our jewelry consultants for addition clarification.

Product Availability and Pricing

We carry a huge selection of jewelry, but occasionally an item may be out of stock. Please feel free to call us to find out when it will be available or for an alternative selection. If an item is out of stock before we can post information to our site, we will call you with a suggested remedy.

Occasionally a system entry error can cause incorrect information to be posted to our site. We reserve the right to correct any and all errors when they are discovered and do not honor inaccurate or erroneous prices. Our prices are also subject to change without notice due to fluctuating market conditions. We apologize for any inconvenience this might cause.

Special Orders and Custom Jewelry

We can usually special order any specific diamond or jewelry item that we do not have in stock as well as custom design or alter what we sell. Feel free to contact us during normal business hours.

Payment Methods

For your convenience, we offer the following methods of payment:

  • Credit cards: Visa, MasterCard, Discover, and American Express
  • Bank Wire: Make arrangements through your bank and we can supply them with routing and account information.
  • Debit Cards: Due to the daily limits, many banks impose on debit cards, your purchase may be limited. If that happens, you can try asking your bank for a one-time waiver of the limit or continue your order with a wire transfer.

Gift Certificate Policies

To protect against fraudulent use of your gift certificate, we require that a credit card is used for the transaction to verify ownership. The credit card will only be used for the balance if it exceeds the value of the certificate. We are not responsible for lost or stolen gift certificates.

Shipping Information

  • All shipments from us to you are fully insured. A signature is required for all Earth Treasures' orders.
  • We can ship to an alternate address as long as it is on file with your credit card company.
  • If necessary, Saturday delivery may be available through Federal Express or you may be able to pick up at one of their service centers near you.
  • International shipments can be made via Registered Mail.
  • Earth Treasures does not guarantee shipping times or arrival dates for any reason including but not limited to Inclement weather, natural disaster and other circumstances beyond our control. During holidays and busier times, please allow extra time for your delivery.

Sales Tax

Until otherwise required by law, sales tax is only collected on orders delivered in or mailed to addresses in New Jersey.

Return Policy

Items purchased through our web site may be returned for refund or exchange within 30 days with the following conditions:

  • Items showing signs of wear or those that have been engraved, altered, resized, or damaged in any way cannot be accepted for return.
  • You must call and receive a return authorization code and properly package and insure for full value.
  • All original packaging, certificates, and appraisals must accompany returns.

Information on our Web Site

We try to make all our information on this site as accurate as possible. Please understand that some products may appear larger or smaller than their actual size in order to show as much detail. Color, size, and detail will vary from one computer monitor to another.

In compliance with industry standards and FTC regulations, Earth Treasures states that carat total weight in all purchases may vary 0.05 carats from stated weight although our goal is .005 carats. Also, for each item containing multiple diamonds, we list the average grade and measurements for color, clarity, and carat weight. These averages are calculated by adding all grades or measurements within the item and determining the closest mean.

Earth Treasures Policy on Conflict Diamonds

We only purchase diamonds through the most reliable and respected suppliers who, like us, adhere to and enforce the standards established by the Kimberley Process. This international system polices the trade of diamonds to ensure they are from sources free of conflict. In addition, we specialize in Canadian diamonds which are carefully tracked from the mine to the cutter to the distributor to you. We take every step to ensure our diamonds are conflict free

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Legal Notices

Under no circumstances shall Earth Treasures be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages. Please contact us if you have any questions.

Guidelines for linking to Earth Treasures

A site that links to Earth Treasures' Web site:

  • May link to, but not replicate, Earth Treasures content.
  • Should not create a browser or border environment around Earth Treasures content.
  • Should not imply that Earth Treasures is endorsing it or its products.
  • Should not misrepresent its relationship with Earth Treasures.
  • Should not present false information about Earth Treasures products or services.
  • Should not use the Earth Treasures logo without permission from Earth Treasures.
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Revised March 2013