Terms of Service

TERMS OF SERVICE – last updated 08/03/2020

 

OVERVIEW

  Throughout the site, the terms “we”, “us” and “our” refer to Tek Luxury. who 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 site 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 which are added to the current store shall also be subject to these 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. . Any such update shall be noted by the “last updated” date at the beginning of these Terms. Your continued use of the Site and engagement with Brilliant Carbon for use of the Services shall be deemed your consent to any such change. As such, we recommend that you regularly review these Terms as frequently as you use the Services and Site. If you do not agree to the Terms as indicated herein, stop using the Site immediately.

 Our Brilliant Carbon store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 SECTION 1 - ONLINE STORE TERMS of USE

 You are solely responsible for keeping and protecting your Brilliant Carbon account username and password confidential and limiting its access to only yourself. In addition, you are solely liable for activities that take place under your individual account and accessed with your password. If you are under 18 years of age you may only use our Site with the direction and guidance of a parent or guardian who will assume responsibility for your purchases and payments.  Finally, take note that we reserve the right to terminate personal accounts, deny service, or cancel orders at any time at our sole discretion and for any reason.

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

By using the Site you are given an individual, non-exclusive, non-sublicensable, and limited license to use and access our Site, print, and electronically copy portions of our Site for your personal non-commercial, and informational use only. This license is governed by these Terms and prohibits: (a) any commercial use of the Brilliant Carbon Site or Materials; (b) use of product listings, photographs, images, or descriptions in the pursuit of commerce; (c) the public dissemination or posting of Brilliant Carbon Materials; (d) using the Site for alternative purposes other than what is prescribed by the Terms; (e) utilizing the Site for data mining purposes; (f) manipulating the Site or its appearance, or creating alternative links or other window-exiting programming or pop-up triggers; (g) use of the Site in a way that inhibits or effects the daily operation of the Site or Services; or (h) any other non-intended use or purpose. Any unauthorized use of the Site or Materials contained therein is strictly prohibited and will prompt the immediate termination of the license granted herein, unless otherwise authorized by Tek Luxury. The aforementioned unauthorized use may additionally violate copyright and trademark laws and communications regulations and statutes and other applicable laws. Unless otherwise stated, nothing in these Terms shall be interpreted as having granted any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable by Tek Luxury at any time and for any reason.

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

SECTION 2 - GENERAL CONDITIONS

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

You understand that personal information you provide on BrilliantCarbon.com (not including credit card information), 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 is 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.

 

DMCA Policy

Pursuant to the Digital Millennium Copyright Act (DMCA) and applicable laws, Tek Luxury has implemented a policy prohibiting Brilliant Carbon account holders or users of the Site (account holders, or users) who are determined to be repeat infringers of the DMCA. Brilliant Carbon in its sole discretion may restrict access to this Site and/or terminate the account holders or Site users who violate any intellectual property rights of others, whether there is continued infringement or not.

SECTION 3 – AVAILABILITY, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

If a product is temporarily unavailable, please contact us so we can assist you by informing you when it will become available next and to facilitate placing an order. Occasionally, due to the volume of sales, an item will become unavailable prior to our ability to update the Site. If such an instance should occur, we will notify you as soon as possible and discuss possible alternatives to proceed with a purchase or change your order selection AND/or give you a full or partial refund.

On occasion some data points, including prices, may be displayed incorrectly due to a technical or scrivener error. Though we make every reasonable attempt to prevent such errors and confusion, mistakes happen. When such instances arise, we reserve the right to decline fulfillment of an order and will correct the error immediately upon its discovery.  If a product has been shipped and not yet received by you, the price featured at the time of purchase will be honored. All our prices are final; we do not negotiate prices on our products.

It is our primary mission to ensure that you have the best shopping experience as possible while using our Site. To do so, some products may be featured larger than actual size to help you see their clarity and characteristics in greater detail. Please note that depending on your computer monitor or mobile viewing screen some products' color, brilliance and luster may vary. We take great pride in our efforts to provide you with as much information as possible about our products on our Site and wish to ensure that you make informed decisions about your purchases. To help to accomplish that goal please note that all Lab Created diamonds weights are approximate. Refer to the following for size ranges appropriate to each carat weight listing:

1/20 carat 0.04-0.06; 1/10 carat 0.085-0.11; 1/8 carat 0.115-.14; 1/6 carat 0.145-0.17; 1/5 carat 0.18-0.22; 1/4 carat 0.23-0.28; 1/3 0.29-0.36; 3/8 carat 0.37-0.44; 1/2 carat 0.45-0.57; 5/8 carat 0.58-0.68; 3/4 carat 0.69-0.82; 7/8 carat 0.83-0.94; 1 carat 0.95-1.11; 1 1/5 carats 1.18-1.22; 1 1/4 carats 1.23-1.28; 1 1/3 carats 1.29-1.36; 1 3/8 carats 1.37-1.44; 1 1/2 carats 1.45-1.57; 1 5/8 carats 1.58-1.68; 1 3/4 carats 1.69-1.82; 1 7/8 carats 1.83-1.94; 2 carats 1.95-2.11; 3 carats 2.95-3.17; 4 carats 3.95-4.17; 5 carats 4.95-5.17; 6 carats 5.95-6.17; 7 carats 6.95-7.17.

 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time.

 Occasionally there may be information on our site or in the Terms of Service that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms of Service 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 Terms of Service or on any related website, including without limitation, pricing information, except as required by law.

 

SECTION 4 - PRICE CHANGES

Listed prices are subject to change without notice. Any order accepted but not fulfilled during the time lapsed between a price increase and the date when it is received will be honored at the price listed at the time of the order (as registered by Shopify).

 

SECTION 5 - PRODUCT AVAILABILITY, DISCONTINUED ITEMS AND SITE EXCLUSIVES

Certain products or services may be available exclusively through the BRILLIANT CARBON website or marketed via email to a certain group of registered customers. These products or services may be offered  in limited quantities and are subject to THE return or exchange POLICIES LISTED UNDER OUR TERMS OF SERVICE.

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 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.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Brilliant Carbon and/or Tek Luxury  may, in our sole discretion, 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 and/or billing address/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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 For more detail, please review our Return Policy.

 

SECTION 7 – COOKIES AND OPTIONAL TOOLS

Where we have obtained your consent to the extent required by applicable law, we use information collected through cookies, web beacons (including pixels and tags), web server logs and other automated means for the purposes described in our Cookie Policy.

We also use third-party analytics services on our Online Channels, such as those of Google Analytics, Adobe Experience Cloud and Sizmek (insert necessary platforms here), which use cookies and similar technologies to collect data (such as IP address) to evaluate use of and interaction with our Online Channels. To the extent required by applicable law, we will obtain your consent before using cookies for analytics purposes. To learn more about these analytics services and how to opt out, please visit the relevant websites listed here:

• Google Analytics: http://www.google.com/analytics/learn/privacy.html
• Adobe Experience Cloud: http://www.adobe.com/privacy/analytics.html#1

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 8 - THIRD-PARTY LINKS

Links to third-party websites and services may be provided on our Site. Brilliant Carbon has no dominion, ownership, or control over third-party websites and services and therefore assumes no liability or responsibility for any activities that occur on third-party websites. Furthermore, unless otherwise expressly stated Brilliant Carbon does not endorse or condone any third-party or its content and does not warrant any product or service as described or displayed on such third-party website.

Advertisements and Promotions: On occasion advertisements and promotions from third parties may be run on our Site. Any communication, interaction, or transactions with those third-parties is solely between you and that third-party. Brilliant Carbon assumes no responsibility or liability for such activities and does not warrant the product or services of those third-parties. Finally, you are solely responsible for any loss, injury, or damage that may arise from such activities and interactions.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

By your submission of any: question, comment, suggestion, idea, plan, note, drawing, original or creative material or other information, regarding the Brilliant Carbon site, or our Services and products, you acknowledge and agree that such submission is non-confidential and will become the sole property of Tek Luxury once submitted. Thereafter, Tek Luxury shall be the exclusive rights holder, including all intellectual property rights therein, and shall possess unlimited commercial and non-commercial use and disclosure of that information, or communication, without having to provide notice or compensation to you. You hereby permit Tek Luxury, Brilliantcarbon.com partners and sub-licensees to provide and disclose the name you provided in accordance with the provided communication or content, in their sole discretion. By disclosing that communication or content, you signify and warrant that (a) the content is accurate and not misleading; (b) you possess ownership rights to the communication and you have the rights to post that information on the Site and otherwise disseminate and disclose that communication or content; and (c) the communication submitted will not injure or violate the rights of any person or entity.

Product Reviews and User Content:

The Site may include “Interactive Services” that allow users to post, store, and share their own and user generated content. Each user or account holder is  individually responsible for his/her use of any Interactive Services and does so at his/her own risk. By your use of any Interactive Services, you agree not to upload, transmit, distribute, post, create, or store, any material that is or could be considered defamatory, libelous, obscene, lewd, indecent or pornographic, harassing, fraudulent or misleading;

By posting or communicating your content you represent and warrant that you are not violating any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity. You also warrant that you have the legal right or authority to do so;

Content that you may send certain under specific submissions (for example contest entries) or may send without a request from us, such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'). You agree that Tek Luxury may, at any time, without restriction, edit, copy, publish, distribute, translate 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.

Content that consists of instructions, enables, encourages or otherwise assists the commission of a criminal offense, violates the rights of others, or is in violation of, national or international law, is strictly prohibited and when reasonable necessary to prevent the risk of harm as determined by Brilliant Carbon may be reported to the appropriate law enforcement authorities;

Viruses, spybots, adware, corrupted data or other harmful, disruptive or destructive files are strictly prohibited;

Misrepresentation or impersonation of any other account member, person, or entity is prohibited;

The unauthorized dissemination of sensitive personal information (without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers) from any other party is strictly prohibited;

Unwanted advertisements, promotions, marketing, and promotions, political campaigning are prohibited;

Account member content posted, shared, stored, or disclosed via the Site and/or Services that is deemed to inhibit any other users experience with Brilliant Carbon may be prohibited at the Site’s sole discretion.

Your use of Interactive Services is at your sole risk. Tek Luxury or the Site shall not be liable or responsible for any content that any account holder posts, stores, shares, or uploads via Interactive Services. Further, Tek Luxury shall not be liable or responsible for injury or damages that result from an account holder's activities utilizing the Interactive Services that constitute defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity. Tek Luxury or the Site do not have any duty to edit, monitor, or screen content or communications posted via the Interactive Services, however Tek Luxury and the Site reserve the right to do so for any reason and at any time with or without notice. You are solely responsible for backing up any stored content posted via the Interactive Services (if desired). Any use of the Interactive Services that is determined to violate these Terms shall result in an immediate termination of the account holders access to and use of the Site and Services without further notice.

In order to preserve and maintain Tek Luxury's integrity, business reputation, and user experience, full cooperation will be given to subpoenas and court orders, and legitimate governmental requests. In so doing Tek Luxury may disclose account member personal information if necessary to comply with applicable court orders.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here 

 

SECTION 11- PROHIBITED USES

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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Disclaimer of Manufactured Lab Created diamonds and Gems:

For many consumers shopping for a Lab-Created diamond is a new and exciting experience. We are committed to making that experience the most straightforward and rewarding as possible. Because of this commitment we strictly adhere to the Federal Trade Commission's Guideline for Lab-Created diamond manufacturers and sellers. Under the Guidelines the way that Lab-Created diamonds are listed and described are specifically defined. We use the FTC specific definitions throughout our websites, social media platforms, and internet presence. Below is a list of terms that we most commonly use. For the complete list please visit the FTC electronic federal code of regulations or www.efcr.gov and specifically items §23.12   Definition and misuse of the word “diamond.”

• Mined diamond: A mined diamond is a natural mineral formed in the Earth’s mantle consisting of pure carbon crystallized in the isometric system. It is found in many colors. Its hardness is 10; its specific gravity is approximately 3.52; and it has a refractive index of 2.42.
• “Laboratory-Grown diamond,”Lab-grown” or “Laboratory-Created diamond,” is a man-made crystalline form of pure carbon created by its exposure to extremely high temperature and pressure utilizing a diamond It will share the same optical and chemical properties as a natural diamond.
• “Real,” “Genuine,” “Natural,” and “Precious”: terms used to describe the quality and character of only diamonds that were formed within the Earth's mantle. The said terms cannot be used to qualify laboratory-grown
• “Flawless and “Perfect”: can only be used when qualifying natural diamonds and cannot be used to describe laboratory-grown diamonds. Flawless and perfect are used to describe diamonds where under a corrected magnifier at 10x power, show no indications of blemishes.
• For more information on Lab-grown diamonds please visit our guide >>>>>>

Intellectual Property Disclaimer: The BrilliantCarbon Site and all of its social media platforms and other content including, without limitation, the “look and feel,” designs, logo, text, graphics, color scheme, pictures, selection, sound files, and the amalgamation thereof (together the "Site Materials") are the sole proprietary property of Tek Luxury and is protected by US or international copyright, trademark or patent laws.

Proprietary products and services, such as but not limited to the Site, products, the Brilliant Carbon logos and trademarks, and any other product or service name or slogan contained in the Site are protected trademarks of Tek Luxury and may not be imitated, used, or copied in any form, unless with prior written consent Metatags or any other "hidden text that enables or utilizes ”Brilliant Carbon" or any slogan, name, or trademark of  Tek Luxury may not be used without our prior written permission.

Disclaimer of Warranty: THIS SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY  TEK LUXURY. 

Limitation of Liability: IN NO EVENT SHALL  TEK LUXURY , ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE SERVICES AND PRODUCTS, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY SITE MATERIALS AND/OR INFORMATION OBTAINED FROMTEK LUXURY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TEK LUXURY'S RECORDS, PROGRAMS OR SERVICES.

Indemnification

By using the Site, you agree to hold harmless, defend and indemnify, Tek Luxury  and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney's fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.

 

SECTION 13 - 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 14 - ENTIRE AGREEMENT

Should any of provision of the Terms become invalid, void, or unlawful, in whole or in part and thereby unenforceable at a court of law or equity, those terms or provisions shall be stricken and shall not affect the enforceability, validity, and lawfulness of the remaining terms and provisions of these Terms.

 

SECTION 15 -

Applicable Law and Venue

The Terms herein and your use of the Site and its products and services shall be governed by and construed in accordance with the laws of the State of New York. It is also agreed that any civil or criminal action at equity or law that is resultant or regarding these Terms will be filed only in the Federal and State courts located in New York County, and that you hereby irrevocably and unconditionally waive the personal jurisdiction of any other state or federal court.

 

SECTION  16 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at hello@brilliantcarbon.com or by mail to 

TEK LUXURY

28 West 44^th St,

Ste 802,

New York, New York 10036