Terms of Service

OVERVIEW

This website is owned and operated by White Swan Diamonds, LLC. Throughout the site, the terms “White Swan Diamonds,” “White Swan”, “we”, “us”, and “our” refer to White Swan Diamonds, LLC. White Swan Diamonds, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website (referred to as the “website”, “Site”, or “site” throughout this document) and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. The most recent date that these Terms of Service were modified will be displayed at the top of this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any change and/or modification to the Terms of Service will be effective immediately upon posting. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 18, or that you are over 18 and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information or passwords), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information & Passwords are always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – PRICING AND PRODUCT AVAILABILITY

The prices of precious metals and diamonds are constantly changing. Due to this, the prices for our products may be subject to change without notice. We generally update our prices daily for loose diamonds and every two weeks for all other items, but price changes can occur at any time at our sole discretion.

White Swan Diamonds makes every effort to make sure all of our product prices, details, images, and any other product data and diamond information are accurate. However, typographic and computer system errors may occasionally cause a price or other information to be displayed erroneously. We do not honor the price of items priced erroneously or wrongly, and we reserve the right to correct any and all errors when they occur. If the displayed/listed price is lower than the actual price on a purchase, we will at our sole discretion, either contact you for instructions before shipping the item or cancel the order and notify you that you have been refunded the amount you paid.

If a pricing error is discovered after an item has already shipped and payment is finalized, you agree to either pay the difference between the actual price and the charged price, or agree to return the item. We apologize for any inconvenience this rare circumstance may cause, and you are welcome to contact us at customercare@whiteswandiamonds.com or 703-225-3319 with any questions you have.

If an item that you are interested in is out of stock, please call us or email us at customercare@whiteswandiamonds.com and we will let you know when the item will be available. Occasionally, an item may be ordered before we are able to update that it is out of stock on the website. If this happens, we will notify you directly that the item is currently unavailable and discuss possible options with you. We apologize for any inconvenience.

SECTION 4 - PRODUCTS OR SERVICES

We make every effort to display as accurately as possible the colors, sizes, textures, item details, images, and all other details and information of our products that appear on our website. We cannot guarantee that your computer monitor's display of any color will be accurate. Some products may also appear larger or smaller in reality than their size in the images on this website.  Since all computer monitors vary slightly, we cannot guarantee that your computer will display our product accurately or completely.

Additionally, White Swan Diamonds does not warrant that product details and other content are necessarily accurate, reliable, complete, free from typographical or pricing errors, or current. The product details for the items on this website are based on manufacturing specifications. Some slight variation in the product, including carat weight, total carat weight, pearl mm, ring width, ring size, measurements and other aspects of our products are to be expected. 

If a product is not as White Swan Diamonds has described, your sole remedy is to return it in unused condition.

All products and services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to ourReturn Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of White Swan Diamonds. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, except as explicitly stated in these Terms of Service or elsewhere on the Site. 

SECTION 5- COMPARISON PURCHASING

Comparison purchasing is when an individual buys several items with the intention of returning all of them besides the one he or she likes best. To help keep our prices low and our inventory in stock, we do not allow comparison purchasing. If you need more information on an item, please don't hesitate to contact us at customercare@whiteswandiamonds.com.

SECTION 6- SHIPPING POLICIES

We offer free insured shipping on all of our items. Currently, we are currently only able to ship to Hawaii, Alaska, and the contiguous United States, and we do not ship internationally. 

SECTION 7 - YOUR ACCOUNT, ACCURACY OF BILLING AND ACCOUNT INFORMATION

If you choose to register an account or purchase an item with White Swan Diamonds, you agree to provide and maintain true, accurate, current, and complete information about yourself according to the Site’s forms. After you register, it is your responsibility to maintain the confidentiality of your account by protecting your password and other account information, and restricting access to your computer. You agree that you are solely responsible for all activities that occur under your account or password. You may not use the White Swan Diamonds website or create an account if you are under the age of 18, unless it is under the discretion of a parent or guardian.

We reserve the right to refuse or cancel any order you place with us, terminate accounts, and edit or remove content at White Swan Diamonds’ sole discretion. We may, in our sole discretion, also limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 10 – PRODUCT REVIEWS, COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries or feedback) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, create derivative works from, display and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

White Swan Diamonds also features a product review feature on the majority of our items (‘reviews’). We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any partys intellectual property or these Terms of Service. You are solely responsible for any interactive areas and you agree that you are using them at your own risk.

You agree not to post, transmit, distribute, store, link, upload to, create, or publish in any form any comments and/or reviews that, in any way:

1)      Violates the right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right.

2)      Contain any computer virus or other malware that could in any way affect the operation of this website, any related White Swan Diamonds websites, any user, any third-party website, or the internet.

3)      Pretend to be someone other than yourself, impersonate someone, or otherwise mislead us or any third-parties as to the origin of any comments or suggestions.

4)      Contain any political campaigning, commercial solicitation, mass mailings, chain letters, or any form of “spam”.

5)      Contain any message, data, information, text, code, videos, photos, sounds, text, or any other material or content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, abusive, obscene or otherwise objectionable

6)      Contain any content that encourages, promotes, constitutes, provides instructions for, or threatens anything illegal, whether it violates local, state, federal, or international law.

7)       Spreads the personal information of any third-party, including but not limited to, email addresses, phone numbers, addresses, social security numbers, credit card numbers, images, videos, or any other form of private information.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments and/or reviews, or anything related to any comments and/or reviews posted by you or any third-party. White Swan Diamonds is not liable for any loss or damage arising from any user comments and/or reviews, nor for any mistakes, libel, falsehoods, obscenity, profanity, pornography, defamation, or slander or for any other user created content you encounter. White Swan Diamonds is also not liable for any representations or statements posted in these areas. Because White Swan Diamonds reserves the right to delete any comments at our sole discretion, it is solely up to you to create copies or backups of your comments and/or reviews, and White Swan Diamonds will not be responsible for any expenses associated with this, or arising out of a deleted comment and/or review. Any violations of these Terms of Services can result in, but is not limited to, your account being terminated, your right to use this website being terminated, or your comment and/or review being deleted. Anything that White Swan Diamonds believes to be dangerous and/or illegal may be reported to appropriate authorities at our sole discretion. To properly comply with governmental requests, court orders, subpoenas, investigations, and/or to protect White Swan Diamonds, it’s servers, customers, data, integrity, business, and all other information, we may need to access and disclose any information we deem appropriate about you and/or your account. This includes, but is not limited to, your account information (including email, addresses, name, phone numbers, etc.), your IP address, usage history, and posted comments and/or reviews. 

SECTION 11- PRODUCT RETURNS & CERTIFICATES

To return an item, please see our Return Policy.  Please be sure to display the Return ID # on the box, as items without a Return ID # on the box will be refused and sent back. Once your items are received, they will be inspected to make sure they are the correct items, include all materials, do not show signs of wear/damage, are not altered, and have not been resized by another jeweler. If any of these conditions are not met, then White Swan Diamonds, LLC reserves the right to refuse the return and ship the item back to you, or contact you with any applicable charges to return the item to its original state. If a return is accepted, please allow up to 2 weeks for us to credit the full amount back to your original payment method. PayPal payments will be credited back to your PayPal account.

If a Diamond Grading Report certificate is missing from the return shipment, the return may be accepted, but you will be subject to a $100 fee to replace the certificate. These Diamond Grading Reports come from respected laboratories, and can be costly and time consuming to replace. 

SECTION 12- MANUFACTURER WARRANTY

All of our jewelry items come with a one year manufacturer warranty for manufacturing defects. This warranty does not apply to any accidental damage or normal wear and tear (including without limitation diamond(s) falling from the setting, dented rings, jewelry breaking, etc.), and loss or theft. To make a manufacturing defect claim, please call us at 703-225-3319 or email us atcustomercare@whiteswandiamonds.com

SECTION 13- GIFT PACKAGING

We understand that presentation is a very important part of a gift. All of our Jewelry and Diamond Studs ship in gift boxes that are ready to be presented with no additional wrapping. Wedding Bands and Engagement Rings will each ship in a cherry wood ring box.

Loose Diamonds will ship in a display ring setting in a cherry wood ring box. Please take note that this setting is for display purposes ONLY and should not be worn or used in any way. 

SECTION 14- PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, items, images, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change and/or update information and/or cancel orders if any information in the Site, Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information without limitation, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 16 -USE OF WEBSITE & PROHIBITED USES

White Swan Diamonds’ website(s) and all content are intended solely for personal and non-commercial use by all users. Any use other than personal and non-commercial use is prohibited. You agree to not to modify, create derivative works from, reproduce, distribute, transmit, or exploit in any way the content of White Swan Diamonds. You may print, electronically copy, or download the content of our website(s) for non-commercial and personal use only. This license is personal, limited, and non-transferable, and it can be revoked by us at anytime, at our sole discretion.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) modify, collect, or use any pictures, descriptions, product listings, Site, Site content or any other content for any commercial purpose, resale, public display, sale, rental, loan, or performance; (m) remove any proprietary notices from the content of this Site, including but not limited to any copyrights or trademark registrations; (n) use of any automated means to monitor, interact, or access this website; (o) cause to appear any pop-up windows, pop-under windows, banners, advertisements, exit windows, or anything else that obstructs, minimizes, covers, frames, or blocks the full and normal display of our website; (p) use our website in any way which interferes with the normal operation, appearance, or quality of our website; (q) Use of our Site, or any Site Content other than for its intended purpose. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Unless explicitly stated, nothing within the Site or Content shall be construed as conferring any license under any of White Swan Diamonds’ or its licensors’ intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

SECTION 17- OWNERSHIP AND SITE CONTENT

This website is owned and operated by White Swan Diamonds, and any and all content and other materials, including but not limited to, the White Swan Diamonds Logo, pictures, images, videos, designs, layouts, text, graphics, software, sound files, data, information, “look and feel” of the website, and all other files, documents, and materials (referred to as “Content” or “Materials” throughout this document) are the proprietary property of White Swan Diamonds, its licensors, vendors, or users, and may be protected by U.S. and international copyright laws. White Swan Diamonds reserves all right, title, and interest in and to such Content. 

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE MATERIALS AND INFORMATION PROVIDED BY WHITE SWAN DIAMONDS ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHITE SWAN DIAMONDS 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 WHITE SWAN DIAMONDS WEB SITES(S) IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WHITE SWAN DIAMONDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHITE SWAN DIAMONDS DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM WHITE SWAN DIAMONDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHITE SWAN DIAMONDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, 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 behavior, negligence, or under any other cause of action. You also specifically acknowledge that White Swan Diamonds 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 WHITE SWAN DIAMONDSS aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to WHITE SWAN DIAMONDS by you for accessing WHITE SWAN DIAMONDS's web site(s).

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. Except where noted by us, the service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall White Swan Diamonds, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless White Swan Diamonds, LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, action, cost, liability, and expense (including, but not limited to, reasonable attorneys’ fees) due to, related to, or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 21 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). White Swan Diamonds also reserves the right in its sole discretion to terminate your license to use this site, and to prevent your future access to and use of this website without notice.

You agree that White Swan Diamonds may immediately deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or the Site. You additionally agree that White Swan Diamonds shall not be liable to you or any third-party for any termination of your access to the Site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

All suspected illegal, abusive or fraudulent activity that may be grounds for termination of your use of this Service, may be additionally referred to appropriate law enforcement authorities.

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 23 - APPLICABLE LAW AND VENUE

These Terms of Service and your use of this site will be governed by and construed in accordance with the laws of the State of Virginia, applicable to agreements made and to be entirely performed within the State of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Fairfax County, Virginia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms of Service. 

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customercare@whiteswandiamonds.com or by contacting us at 703-225-3319.