Terms and Conditions

Welcome to the WeddingDayDiamonds.com website (the “Site”), a website owned and operated by Marquis Jewelers, Inc. (hereinafter “Wedding Day Diamonds”).

The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively, the “Terms”), govern your use of, and any purchase of products or services from, the Site and may be changed without notice.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WEDDING DAY DIAMONDS. BY USING THIS SITE, INCLUDING, WITHOUT LIMITATION, BY PURCHASING PRODUCTS OR SERVICES THROUGH THIS SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MUST STOP USING THE SITE.

Use of Content on the Site; Proprietary Rights.

The Site and all content on the Site are the property of Wedding Day Diamonds, and/or its licensors and are protected by copyrights, trademarks, or other proprietary rights. Without Wedding Day Diamonds’ express, prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post, publish, transmit or otherwise use or exploit any of the content in any way for any purpose, including, without limitation, using the content on any other website or in a networked computer environment. Notwithstanding the foregoing, you have the limited right to electronically copy or print pages from the Site for your personal, non-commercial use only, provided that you retain the copyright notice on each page.

The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered trademarks of Wedding Day Diamonds and/or its licensors. The Trademarks may not be used without prior written consent of Wedding Day Diamonds or its licensor, as the case may be. All rights are reserved.

Rules and Limits on and Modifications to the Site.

Wedding Day Diamonds reserves the right, for any reason, in its sole discretion and without notice to you, to terminate, change, correct errors in, suspend or discontinue any aspect of the Site, including, but not limited to, the content, features and/or availability, and Wedding Day Diamonds will not be liable to you or any third party for doing so. Wedding Day Diamonds may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.

Accuracy of Content and Pricing Information.

Wedding Day Diamonds uses commercially reasonable efforts to avoid errors in pricing and product information. If a mistake does occur, Wedding Day Diamonds reserves the right to correct it and take the necessary action to correct the mistake. In addition, due to the fluctuation in metal and diamond prices, product descriptions and availability can change quickly. Wedding Day Diamonds reserves the right, in its sole discretion, to make changes to the information contained herein, including to the products and prices described in the Site, at any time, without prior notice to you. Wedding Day Diamonds does not warrant the accuracy or completeness of the information for products made available for purchase on the Site. You acknowledge and agree that, while information on this Site is periodically updated, it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. Wedding Day Diamonds is not responsible or liable for any typographical error in our Content regarding price or any other matter on the Site. In no event shall Wedding Day Diamonds or its third party providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on this Site. If you are dissatisfied with a product you purchased on the Site due to any errors or inaccuracies of information on the Site, as your sole and exclusive remedy and Wedding Day Diamonds’ sole and exclusive liability, you may return the product in the same condition to Wedding Day Diamonds and receive a refund of your purchase price subject to your strict compliance with our return requirements and procedures. Please review our Return Policy for our requirements and procedures for the return of products you purchased on the Site.

Product Image and Information.

Wedding Day Diamonds provides product image and information on this Site for your information and convenience. Wedding Day Diamonds uses commercially reasonable efforts to display the products as accurately as possible on the Site. However, the display you see may depend upon your monitor and computer settings, which may affect color and size of the products. Also, some products may appear larger or smaller than their actual size in our photographs to show detail. Wedding Day Diamonds cannot and does not guarantee that the display will accurately portray the product featured on the Site, including its colors, size or other attributes. Also, products displayed may be out-of-stock or discontinued.

Online Purchasing.

Prices are quoted in U.S. dollars, are effective for U.S. purchases only and are subject to change at any time. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different reasons, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. Discounts are limited-time offers and are not valid with other offers.

Quoted prices on product information pages do not include shipping and handling or applicable sales, use or similar taxes. These items will be calculated once you submit your request to purchase the products. You agree to pay the applicable product purchase price(s) plus additional calculated amounts, including all taxes applicable to any purchase, excluding taxes based on Wedding Day Diamonds net income. Title and risk of loss to all products you order pass to you upon our tender of the shipment to the shipping carrier. For further information on shipping, please see our Shipping Policy. Wedding Day Diamonds reserves the right to limit the quantity of items purchased through the website. Purchase requests for shipment outside the United States will not be filled.

If you prefer not to order online, please call a sales representative at Wedding Day Diamonds at 1-866-740-Ring (7464) to place an order, or visit one of our stores near you.

Registration.

You may be required to register in order to obtain or share information, to purchase products or services, or to use services or features of the Site. When registering, you agree to provide accurate and complete information as prompted by the applicable registration form and maintain and properly update the information. When registering, you will designate a user name and password connection with your use of the Site. You will be responsible for maintaining the confidentiality of your user name and password, and will be solely responsible for all activities that occur under your user name and password. Wedding Day Diamonds will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Your Submissions; User Content.

You agree that any and all materials, including, but not limited to, questions, comments, suggestions, ideas, drawings, notes or other information, regarding the Site, Wedding Day Diamonds or otherwise, and any content that you transmit or post on the Site (collectively, “User Content”) (other than personal information submitted in non- public areas or as part of your order request) may be used by Wedding Day Diamonds and licensed to others by Wedding Day Diamonds, for any purpose, commercial or otherwise, without acknowledgement or compensation to you. Accordingly, by submitting and/or posting such User Content to the Site, you hereby grant to Wedding Day Diamonds a royalty-free, unrestricted, perpetual, irrevocable, worldwide non-exclusive and fully sub-licensable right and license to reproduce, modify, create derivative works of, adapt, edit, translate, publish, distribute, perform, broadcast, transmit, display, exploit and otherwise use such User Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. By transmitting or posting User Content on the Site, you warrant and represent that (a) you are the sole owner of such content or have been granted all rights necessary to post such content by the owner, and (b) you have the right to post such content.

Wedding Day Diamonds does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content on the Site or endorse any opinions expressed by users. You acknowledge that any use of or reliance on User Content is at your own risk. It 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. Wedding Day Diamonds has no obligation to screen, edit or monitor any User Content, but it reserves the right, in its absolute discretion, to remove, screen or edit any User Content at any time and for any reason without notice. As a user you are solely responsible for your own User Content and are responsible for the consequences of the posting of such content.

Privacy Policy.

For the terms applicable to the personal information you submit to us or that we collect from you as part of your use of this Site, including for example, as part of your order request, please review our Privacy Policy.

Termination.

Wedding Day Diamonds, in its sole discretion, may terminate your access to and/or use of this Site if it believes that you have violated or acted inconsistently with these Terms, violated the rights of Wedding Day Diamonds or any third party, or for any reason with or without notice to you.

Disclaimer.

Your use of this Site is at your own risk. THIS SITE, THE CONTENT, INFORMATION CONTAINED THEREIN, AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WEDDING DAY DIAMONDS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, CONTENT OR SERVICES CONTAINED ON THIS SITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE SITE, MATERIALS, CONTENT OR SERVICES. For warranties that may be applicable to certain products available for purchase on the Site, please review our Product Warranty. Please read also Wedding Day Diamonds Disclaimer. Wedding Day Diamonds does not warrant that the functional aspects of this Site will be error free or that this Site or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.

Limitation of Liability.

NEITHER WEDDING DAY DIAMONDS NOR ANY OF ITS LICENSORS, PROVIDERS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM OR DIRECTLY OR INDIRECTLY RELATED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS SITE, OUR CONTENT AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEDDING DAY DIAMONDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event Wedding Day Diamonds entire liability for all damages, losses and causes of action arising out of or relating to the Terms or your use of the Site shall not exceed the lesser of (a) One Hundred U.S. Dollars ($100.00) or (b) the total amount of purchases you made through this Site for the four (4) month period prior to the occurrence upon which your claim is based. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.

Links to Third Party Sites.

Wedding Day Diamonds is not responsible for the availability, content or accuracy of any third party sites linked to or from this Site (“Linked Sites”), or for products, information or use of user information or other materials of any such Linked Sites. The inclusion of any link to such sites does not imply Wedding Day Diamonds endorsement of nor association with these Linked Sites. Your linking to any Linked Site is at your own risk. You agree that Wedding Day Diamonds will not be liable, directly or indirectly, for any loss or damages you or any third party may suffer in connection with Linked Sites. We encourage you to read the terms of use and privacy statements of all such Linked Sites, as their policies may be materially different from these Terms and our Privacy Policy.

Your dealings with other entities promoted on or through the Site are solely between you and such other entity. You agree that Wedding Day Diamonds will not be 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 promotion of such other entities on the Site.

Indemnity.

You agree to indemnify, and hold harmless Wedding Day Diamonds and its affiliates and its officers, directors, employees and agents, from and against any third party claims, actions, demands, costs, liabilities and expenses including without limitation reasonable legal and accounting fees, arising from or relating to your use of this Site, your breach of these Terms, or your posting or transmission of user content, including without limitation, any third party claim that the user content you uploaded or posted infringes any copyright, trademark, trade name or patent right of a third party, defames or invades any right of publicity or privacy or otherwise infringes any other proprietary right.

Consent to Processing.

By providing any personal information to the Site, all users (including without limitation users in the European Union) fully understand and unambiguously consent to the collection, processing, transfer, and storage of such information in the United States and any other country where Wedding Day Diamonds or its service provider maintains offices.

General Provisions.

Wedding Day Diamonds and its service provider controls and operates this website from Minnesota, United States of America, and make no representation that the material on the Site is appropriate or available for use in other locations. If you use this Site from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to or use of our Content, or the purchase of any products or services through this Site, may not be legal by certain persons or in certain countries. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. The failure of Wedding Day Diamonds to exercise or enforce any right or provision of these Terms shall not be a waiver of such right or provision. Any cause of action you may have with respect to this Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this Site or our Content will be instituted in a state or federal court in Hennepin County, Minnesota, and you hereby agree to submit to the personal jurisdiction of such courts. These Terms, the Privacy Policy, other documents referenced in these Terms and any and all additional terms and conditions applicable to certain parts of the Site, together constitute the entire agreement between you and Wedding Day Diamonds regarding your use of this Site.

Our Contact Information.

Wedding Day Diamonds Online: 1-866-740-Ring