Terms

WEBSITE TERMS & CONDITIONS OF USAGE

IMPORTANT! These Terms and Conditions (“Terms and Conditions”) govern your (the “User” or “You”) use of the www.diamondsinglass.com Web Site (the “Web Site”) provided by AVD Trading, Inc DBA Diamonds in Glass® (the “Company” or “We”). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly that were last updated: August 9, 2017

  1. PROPRIETARY INFORMATION.

    User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

    The material located on the site, including without, limitation, the text, graphics, and all the other audible, visual, and downloadable materials as well as the selection, organization, coordination, compilation, and overall look and feel of the site (collectively, the “content”) are the property of the Company or its licensors or designees and are protected by copyright, trademark and other intellectual property laws. All right, title and interest in and to the content are owned, licensed and/or controlled by the Company. You may download one computer copy or print one copy of the content on his site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any other copying, redistribution, retransmission, publication, uploading or modification of any of the content is strictly prohibited without the express written consent of the Company.

  2. DISCLAIMERS.

    We have attempted to accurately depict the products offered on this site. However, because colors and definition that you see is dependent on your computer monitor, we cannot guarantee that the color and detail you see will be accurate of the actual product. Products also may appear larger or smaller than their actual size, as some photographs have been enlarged to show detail. We make every attempt to avoid errors in pricing and product information, but unfortunately errors can and do occur. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.

    The Company makes no representations or warranties about any other web site you may access through this Web site. If there is a link to another Web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you. Unless specifically noted, this site, its content or the information available on or through it is provided on an “as is” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that the Company and its affiliates shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site.

    The Company, its licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable product out of which liability arose.

  3. INDEMNITY.

    User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Web Site.

  4. REVIEWS/SHARING ON SOCIAL MEDIA VIA THE WEB SITE.

    Any opinions, advice, statements, or other information or content expressed or made available by third parties or any other User in reviews or sharing on social media via the Web Site are those of the respective author(s) and not of the Company.

    The Company reserves the right to monitor reviews and social media sharing made via the Web Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any review, refuse access to social media sharing functions, or remove these functions altogether. Notwithstanding these rights, Users remain solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any reviews or sharing on social media via the Web Site. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.

    Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted as a review or shared on social media via the Web Site (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed

  5. MISCELLANEOUS.

    Headings. The headings of Sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof. Severability. If any Section or provision of these Terms and Conditions shall be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.

    Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of New York applicable to contracts made and to be enforced wholly within such state. Site Operator AVD Trading, Inc DBA Diamonds in Glass®, 592 Fifth Avenue, New York, NY 10036 in conjunction with its third-party service providers, operates this website.

Copyright 2017 AVD Trading, Inc DBA Diamonds in Glass®. All Rights Reserved.

PRIVACY POLICY

  1. OUR COMMITMENT TO PRIVACY.

    Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

  2. THE INFORMATION WE COLLECT.

    This notice applies to all information collected or submitted on the www.diamondsinglass.com web site. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

    • Name
    • Address
    • E-mail address
    • Phone number
    • Credit/Debit Card Information

    On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected are:

    • Name
    • Address
    • Phone Number
  3. THE WAY WE USE INFORMATION.

    We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

    We offer gift-cards by which you can personalize a product you order for another person. Information you provide to us to create a gift-card is only used for that purpose, and it is only disclosed to the person receiving the gift.

    We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. You can register with our Web Site if you would like to receive our catalog, as well as updates on our products and services. Information you submit on our Web Site will not be used for this purpose unless you fill out the appropriate registration form.

    We use non-identifying and aggregate information to better design our Web Site and to share with advertisers. For example, we may tell an advertiser that a certain number of individuals visited a certain area on our web site, or that X number of men and Y number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals. From time to time, for your convenience and as is common practice with many sites, www.diamondsinglass.com might issue you a “cookie” during your visit to our website. A cookie is a small file that contains information (such as your login name) and is stored by your computer’s browser. We do not use cookies for any reason other than to provide convenience to the visitors of diamondsinglass.com and to improve their online shopping experience.

    Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

  4. OUR COMMITMENT TO DATA SECURITY.

    To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

  5. OUR COMMITMENT TO CHILDREN’S PRIVACY.

    Protecting the privacy of the very young is especially important. Our website is not directed at children, and we do not knowingly sell to, collect or maintain information at our web site from anyone under 13.

  6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION.

    You can access all your personally identifiable information that we collect online and maintain by logging into your user account. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

  7. HOW TO CONTACT US.

    Should you have other questions or concerns about these privacy policies, please call us at 1-855-904-8600 or send us an e-mail at support@diamondsinglass.com.

TERMS & CONDITIONS OF SALE

This Agreement contains the terms and conditions that apply to your purchase(s) from AVD Trading, Inc DBA Diamonds in Glass® (the Products) sold in the United States. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you. This contract was last revised on October 7, 2014. By placing an order you acknowledge that you have read, accepted and agreed to be bound by these Terms and Conditions. These Terms and Conditions are subject to modification without prior written notice at any time in AVD Trading, Inc DBA Diamonds in Glass’s® sole discretion.The Terms and Conditions of this Agreement shall govern unless you return eligible Products (custom products are not returnable) within thirty (30) days after receiving the products.

  1. PRICE AND PAYMENT TERMS.

    Your total price for the Products will be stated on your purchase receipt. Terms of payment are within AVD Trading, Inc DBA Diamonds in Glass’s® sole discretion and payment must be received by AVD Trading, Inc DBA Diamonds in Glass® prior to AVD Trading, Inc DBA Diamonds in Glass’s® acceptance of an order. Payment for the Products must be made by credit card, debit card or PayPal. Orders are not binding upon AVD Trading, Inc DBA Diamonds in Glass® until accepted by AVD Trading, Inc DBA Diamonds in Glass®, and AVD Trading, Inc DBA Diamonds in Glass® reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products is a mistake. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide AVD Trading, Inc DBA Diamonds in Glass® with a valid and correct tax exemption certificate.

  2. SHIPPING AND TITLE.

    AVD Trading, Inc DBA Diamonds in Glass® will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. AVD Trading, Inc DBA Diamonds in Glass® will inform you of estimated shipment dates.

  3. INSPECTION OF PRODUCTS UPON RECEIPT.

    You must examine the Products when you receive them. If any item is damaged or defective, you must notify AVD Trading, Inc DBA Diamonds in Glass® at once. AVD Trading, Inc DBA Diamonds in Glass® will not consider any claim for damaged or defective items more than thirty (30) days from the date of delivery.

  4. PRODUCTS.

    AVD Trading, Inc DBA Diamonds in Glass® may revise and discontinue Products at any time. AVD Trading, Inc DBA Diamonds in Glass® will ship you Products that have the functionality and performance of the Products you ordered, but changes, variations and differences between what is shipped and what has been described in a specification sheet or catalog are possible.

  5. LIMITATION OF LIABILITY.

    AVD Trading, Inc DBA Diamonds in Glass® shall have no liability whatsoever beyond the remedies set forth herein, including, without limitation, consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies to Products you purchase under this agreement. In no event shall the total aggregate liability for AVD Trading, Inc DBA Diamonds in Glass® exceed the amounts paid by you for the Products. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  6. RETURN POLICIES AND EXCHANGES.

    As long as the item has not been damaged, domestic and international orders are returnable within 30 days of the original purchase date for a full refund. We will provide you with a free return label.

    If there are manufacturing defects, please contact us immediately. In most cases, we can replace the product with a new one or repair the existing piece. However, no refunds will be given after 30 days. To return Products, you must call AVD Trading, Inc. DBA Diamonds in Glass® Customer Service at 855-904-8600 to initiate a return and receive a Return Authorization Number. You must ship the Products to AVD Trading, Inc. DBA Diamonds in Glass® in their original packaging. We will provide you with a free return label. Returned Products must be in “as-new” condition, and all of the items included with a Product must be returned with it. From time to time, AVD Trading, Inc. DBA Diamonds in Glass® may, in its sole discretion, exchange Products or portions of a Product.

  7. CUSTOMER SERVICE.

    AVD Trading, Inc DBA Diamonds in Glass® provides customer service options for its customers. Call volume can vary dramatically and affect your ability to reach AVD Trading, Inc DBA Diamonds in Glass’s® customer service representatives and/or the time you may be required to wait to speak to a representative.

  8. ENTIRE AGREEMENT.

    This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void.

  9. ENTIRE AGREEMENT.

    This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void.

  10. APPLICABLE LAW; NOT FOR RESALE.

    This Agreement is made and shall be construed in accordance with the laws of the State of New York. Reasonable attorney’s fees shall be reimbursed by the losing party to the prevailing party in litigation. You agree and represent that you are buying Products for your own internal use only, and not for resale. AVD Trading, Inc DBA Diamonds in Glass® has separate terms and conditions governing resales.

  11. HEADINGS.

    The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

  12. SEVERABILITY.

    If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

  13. FORCE MAJEURE.

    AVD Trading, Inc DBA Diamonds in Glass® shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.