These Terms & Conditions are applicable to the Kama Schachter Website located at www.kamaschachter.com. By using the website, the user agrees to be bound by these terms & conditions.
These Terms & Conditions govern the use of, and any purchase from, the Kama Schachter website, and constitute an agreement between the user and Kama Schachter. These Terms may be modified without any prior notification. The continued use of the website following the posting of its changes or modifications will constitute the user’s acceptance of such changes or modifications.
1. ORDER INFORMATION
Kama Schachter only sells its products & services to registered members of the jewellery industry which will be validated post which the user will be able to view products & place an order online. In order to register with KamaSchachter.com, visit the Account Sign – Up page.
2. SITE CONTENT
The website & all content & other materials, including, Kama Schachter logo, and all designs, texts, graphics, pictures, information, data, software, sound files, other files and the selection & arrangement there of (collectively, “Website Materials”) are the property of Kama Schachter & is a protected copyright.
3. INFORMATION ON WEBSITE
The information, content and materials on this website and / or services are provided on an “as is” and “as available” basis. The company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
The company does not warrant that the functions contained in content, information and materials on the website and / or services, including, without limitation any third party sites or services linked to the website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the website or the servers that make such content, information and materials available are free of viruses or other harmful components.
4. PRODUCT & PRICING
The company makes all reasonable efforts to display the products listed for sale on its website as accurately as possible. However the company cannot guarantee that the user’s monitor display of any product color, texture or detail will be accurate. The company does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While the company makes every effort to ensure that the products are described and priced accurately and that the information contained within is correct, information may be incomplete, inaccurate or may have become out of date and cannot be expressly or impliedly guaranteed or warranted, in the event that an item is deemed to be priced incorrectly, the company reserves the right to refuse the sale of that item.
5. CANCELLATIONS & RETURNS
Once an order has been submitted online, the user will need to contact a sales representative to cancel the order.
The merchandize needs to be returned in its original condition & packaging, including envelopes, bags & boxes. Kama Schachter is not responsible for returns that are damaged during transit.
6. DIAMOND CERTIFICATES
When the user orders a loose diamond, we ship it with an accompanying diamond grading report (diamond certificate). These grading reports are detailed documents created by diamond grading experts - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond.
7. USE OF THE WEBSITE
- The user’s personal and non-commercial use of this Website shall be subjected to the following restrictions (i) The user may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) the user may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. The user further agrees not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
- The user will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion
- The user will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or Services.
- The user will not engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
- The user will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the user does not own or have express permission to modify.
- Any material downloaded or otherwise obtained through the website and / or services are accessed at the users own risk, and the user will be solely responsible for any damage or loss of data that results from such download to the user’s computer system.
- The user hereby indemnifies, defends, and holds the company, the company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from the user’s use of the website for which the company cannot be held responsible or liable in any manner or form.
- The user expressly understands that under no circumstances, including, but not limited to, negligence, shall the company be liable to the user or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the website and / or services or reliance on any material contained in this website; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website and / or services or (iii) unauthorized access to or alteration of the users transmissions or data; (iv) statements or conduct of any third party on the website and / or services; or (v) any other matter relating to the website and / or services.
- The company or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company’s reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers. The user further acknowledges and agrees that neither the company nor any of the foregoing entities’ respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the website and / or services and any other website, service, software or hardware or (b) any delays or failures the user may experience with any transmissions or transactions relating to the website in an accurate or timely manner.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of clauses 2 (a), (b), (c), (d) and 4 hereinabove may not apply to the user.