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Terms & Conditions

Your satisfaction is of great importance to us, and your referrals are our most important type of advertising. if you are satisfied with your purchased and your service, please tell your friends. Otherwise, please let us know how we can serve you better.

Please be advised that prices may fluctuate due to the minerals within the item

INTRODUCTION This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.  

Use of the site & PROHIBITIONS You are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.  

Payments and Invoice Processing Barsky Diamonds has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Barsky Diamonds prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Barsky Diamonds has all the discretion to cancel or deny orders. Barsky Diamonds is not responsible for pricing, typographical, or other errors in any offer by Barsky Diamonds and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Barsky Diamonds reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

Special Order All special orders require a 50% deposit and are non-cancellable. Special orders are not refundable. A special order includes any jewelry, gemstone or watch that has to be ordered or altered to accommodate the client's request for an alternative style, size, metal, or color that is not available in stock.

Custom Work Custom designed jewelry involves metals, gems, and labor furnished for a specific client. Custom jewelry that has been completed or is in final production is non-refundable. All custom requests require a 50% deposit before work begins. Every effort will be made to accurately manufacture or produce the item(s) so ordered. Full payment upon receipt of custom work will denote the client's complete satisfaction.

CAD (Computer Assisted Design) The process includes a hand drawn rendering, computer rendered images created by the designer, and one wax model. Fees associated with the process are as follows:250$ non-refundable fee once a computer image has been created. First change to computer rendering is complimentary, each subsequent change will occur a 125$ fee for each change and 75$ fee for each wax grown beyond initial wax.

Layaway Policy Required at least 30 days. Articles placed on layaway will be held for a period of 90 days from the date on this receipt. If no satisfactory arrangements have been made full payment beyond the end of this period, the item(s) will be returned to stock, and all payments will be forfeited. At our discretion only, layaways may be cancelled in the event of special circumstances. In such a case a restocking fee of 15% of the orginal invoice will be charged, with the remaining balance to be issued as a store credit only. 

Repair Take-In Liability for any damage or loss of items shall be limited to actual cost to repair or replace the item(s). This store will not be held responsible for the following: identification or condition of jewelry at the time of receipt; altered, treated, or enhanced diamonds or colored stones; and/or pieces that are unmarked or marked incorrectly. Not responsible for items left beyond 90 days. 

Service and Cleaning We will clean your jewelry (ultrasonic and steam) and check the settings free of charge. We recommend this to be done every 6 months. Not responsible for the loss of stones due to worn prongs and settings when cleaning.

Colored Gemstone Enhancement Disclosure Purchasers of colored gemstones should be aware that natural gemstones are processed from the time they are extracted from the earth by one or more traditionally accepted trade practices. All colored gemstones listed on the front of this sales slip have probably been subject to stable and possibly undetectable enhancement processes. All relevant information will be provided to the best of our knowledge. Prevailing market values are based on these universally practiced and accepted processes by the gem and jewelry trade. 

RISK OF LOSS All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.  

PRODUCT PRICING & DESCRIPTIONS The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.  

Editing, Deleting and Modification We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.  

Acknowledgment of rights You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.  

Fraud FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Barsky Diamonds shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 1,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.

Confidentiality You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Barsky Diamonds. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.  

NON-WAIVER Failure of the Barsky Diamonds to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.  

MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the substantive laws of Pennsylvania, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Pennsylvania, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

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