General Terms and Conditions of Sale

 Greetings and welcome to our platform! Whether you're visiting diamsland.com or any affiliated website (collectively referred to as the "Site"), we truly value your patronage. Your feedback is invaluable to us, as we continuously strive to enhance your shopping experience. If you have suggestions or wish to share your thoughts about the Site, we'd love to hear from you.

diamsland.com, also known as "Diamsland," "we," "our," or "us," provides services to you under the terms and conditions outlined in these General Terms and Conditions of Sale ("Terms"), along with additional customer service pages. We've designed these terms to ensure your shopping experience with Diamsland is enjoyable and hassle-free. Kindly review them attentively. By accessing or utilizing the Site or any other Diamsland service, you confirm that you have read, understood, and agree to be bound by these Terms. Furthermore, you commit to comply with all relevant laws and regulations, including but not limited to India's Copyright and Trademark laws, while respecting third-party rights. Additionally, you agree not to engage in any unlawful use, sale, or supply of the product(s) purchased from Diamsland, ensuring compliance with export controls and sanctions rules. If you cannot agree to these Terms, we kindly ask that you refrain from using the Site.

It's important to note that we assume no responsibility or liability for any reliance on tax-estimation tools available on Diamsland's Site. When purchasing Diamsland, you acknowledge that our approved payment processors will handle your payment, and your order will be delivered by approved carriers.

Data Collection and Privacy Policy

Upon making a purchase, we gather specific data and information about you. The processing, storage, and handling of this data align with our Privacy Policy, which applies to your use of the Site: Privacy Policy. By using our services, you confirm the accuracy and completeness of any information submitted. Violation of these terms or the Privacy Policy may lead to the suspension of your user account.

Ownership; Feedback and Copyright

This website is the property of Diamsland (Diamsland LLC) and is operated by them. All content on this site, including text, graphics, logos, icons, images, artwork, audio, video clips, and software, belongs to Diamsland (or is used under license to Diamsland). This content is protected by Indian and international copyright laws, as well as other applicable laws and regulations.

If you provide any feedback, comments, or suggestions during your use of the site ("Feedback"), you acknowledge that all rights, including intellectual property rights, in such Feedback belong exclusively to Diamsland. The Feedback is considered confidential information, and you transfer all intellectual property rights in the Feedback to Diamsland, waiving any moral rights. Diamsland has the discretion to use or not use the Feedback.

While we appreciate customer feedback, we welcome it under the condition that it is not illegal, obscene, threatening, defamatory, invasive of privacy, or injurious to third parties. Feedback should not violate intellectual property rights and must not contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. Diamsland reserves the right to take legal action for any violation of intellectual property rights, including account suspension, damages, injunctive relief, or other appropriate measures.

Trademarks

In the relationship between you and us, it is essential to recognize that the Diamsland website, encompassing graphics, logos, headers, icons, scripts, and service names, stands as the intellectual property of Diamsland. The use of Diamsland's Marks is restricted to products or services directly associated with Diamsland. Any usage likely to cause confusion, harm, or discredit to Diamsland is expressly prohibited. All trademarks related to products on this site remain the exclusive property of their respective owners.

No part of this site or these Terms grants a license or right to use any Marks displayed on the site without explicit written permission from Diamsland or the respective trademark/service mark owner. The names "diamsland.com" or "Diamsland" and Diamsland's logos require prior written consent for any purpose, and using Diamsland's logos as a "hot" link to another website is strictly forbidden without Diamsland's prior written approval.

Use of the Site:

The site and its content are intended for personal, non-commercial use by visitors and online shoppers. Any use beyond personal and non-commercial purposes is strictly prohibited. Reproduction, publication, transmission, distribution, modification, creation of derivative works, or commercial exploitation of site content is expressly forbidden.

You agree not to:

Use, modify, or create derivative works from the content for commercial purposes. Decompile, reverse engineer, or disassemble the content. Remove any copyright, trademark registration, or other proprietary notices. Disrupt servers or networks connected to the site. Use automated systems to access the site or extract content. Circumvent, disable, or interfere with security features of the site. Your Account and Placing an Order: To place an order, you must create an account, and provide the necessary personal information. You are not obligated to provide personal information, and its provision is voluntary. All information provided must be true, accurate, and up-to-date.

You are responsible for maintaining account confidentiality and restricting access. If under 18, use diamsland.com only with parental or guardian involvement. Diamsland reserves the right to refuse service, terminate accounts, or cancel orders at its discretion.

Acceptance of your Order:

Completion of the online checkout process does not constitute acceptance of your offer. Diamsland will notify you via email upon receiving and processing your order. Diamsland reserves the right to decline orders for various reasons. If unable to supply the ordered product or service, Diamsland will not process the order and inform you in writing. Any payment made will be refunded promptly.

Delivery:

Diamsland may choose carriers, and delivery charges and timescales vary. Risks associated with products pass to you upon delivery. If delivery fails due to your absence or refusal, Diamsland may deduct return costs from your refund.

Your Right to Cancel and Refunds:

Local legislation may govern cancellation rights, unaffected by these Terms.

Damaged or Incorrectly Supplied Products:

Check products against your order on receipt. Note any damage or errors on delivery documentation or inform Diamsland promptly. Return damaged or incorrectly supplied products as soon as possible.

Ownership of User Submissions:

You warrant ownership or necessary rights to authorize Diamsland to use intellectual property in your User Submissions. Retain ownership rights in your User Submissions.

Product Descriptions

Diamsland strives to present its products with utmost accuracy on its website; however, the actual colors may vary due to factors such as individual monitor settings. The company cannot guarantee precise representation, and there may be discrepancies in color, texture, or detail. Product descriptions and content are provided as-is, and Diamsland does not assure their accuracy, completeness, or freedom from errors. In the event of a pricing error, Diamsland reserves the right to decline the sale of the item. If such an error is discovered post-payment, Diamsland may cancel the transaction and issue a full refund. Should a product not meet its description, the sole remedy is to return it in unused condition, subject to product availability.

Other Sites

The website contains links to external sites, and while efforts are made to link to reputable sources, Diamsland is not responsible for the content or accuracy of these external websites. The inclusion of a link does not imply endorsement, and users visit external sites at their own risk.

Disclaimer of Warranties and Limitation of Liability

Diamsland, its affiliates, and suppliers provide materials and information on the site on an "as is" and "as available" basis. The company disclaims any warranties, whether express or implied, including merchantability and fitness for a particular purpose. Diamsland does not guarantee the accuracy of its tax estimation tool and disclaims responsibility for legal, financial, or tax advice. Under applicable law, Diamsland's liability is limited, excluding certain matters that cannot be limited or excluded. The company is not liable for damages arising from site use, including indirect, incidental, punitive, or consequential damages.

Diamsland disclaims all representations, warranties, and conditions, whether express or implied, to the fullest extent permitted by law. Users are urged to follow provided advice or instructions for product safety, with Diamsland not accepting liability for damage caused by failure to do so. In no event shall Diamsland be liable for consequential, indirect, special, or punitive damages, with the total liability not exceeding the amount paid by the customer under the relevant purchase order. This disclaimer applies even if Diamsland was aware of the possibility of losses or damages regardless of the basis of liability.

This disclaimer of liability extends to damages or injuries resulting from various causes, including but not limited to failure of performance, errors, interruptions, computer viruses, acts of God, theft, or unauthorized access. Diamsland also disclaims liability for defamatory, offensive, infringing, or illegal materials or conduct, whether by the user or third parties. In jurisdictions where certain limitations are not allowed, some disclaimers or limitations may not apply, and additional rights may be granted to users.

Assignment and Delegation:

You are not permitted to assign or subcontract your rights or obligations under these Terms to any third party without our written agreement. However, we reserve the right to assign, transfer, delegate, or subcontract any of our rights or obligations to any third party at our discretion, without any restrictions and without requiring your consent. It is emphasized that no third party is entitled to enforce any provisions of these Terms to the maximum extent permitted by law.

Applicable Law and Governing Jurisdiction:

You agree that the law of New York State, without regard to conflict of laws principles, will govern these Terms and any potential disputes between you and Diamsland. If any court determines that a provision or part of it in these Terms is unenforceable, the court may limit it to the extent deemed enforceable, and the remaining provisions shall remain in full force. If a court deems any provision wholly unenforceable, the rest of the Terms shall still be effective. These Terms, along with the Privacy Policy, constitute the entire agreement between you and Diamsland regarding your use of the Site.

Rights and Remedies:

The rights and remedies of Diamsland outlined in these Terms are not exclusive but are cumulative, combining with any rights or remedies existing at law, in equity, by statute, or otherwise.

Waiver and Delay:

No relaxation or delay by Diamsland in exercising any right or remedy under these Terms shall be considered a waiver of that right or remedy or impact our ability to enforce it later. Any waiver must be agreed upon in writing.

Dispute Resolution:

To the maximum extent allowed by law, any disputes arising from this Agreement shall be resolved through negotiation between the parties or, if necessary, through an appropriate federal court located in Surat, India.

Modification:

Diamsland retains the sole discretion to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check for updates periodically. Each visit to the Site is subject to the then-current version of these Terms.

Payment Terms (a) Payment Processing:

Diamsland facilitates international payment processing and order fulfillment through designated service providers such as Skrill, PayPal, Klarna, Stripe, Shopify Payment Gateway, or Splitit, acting as the Merchants-of-Record. When you place an order on the site, the transaction is processed using Payment Gateway checkout and payment services. It's important to note that:

Your payment will be processed through Payment Gateway, not directly by Diamsland. After successful verification by Payment Gateway, they accept the transaction and purchase the products from Diamsland, reselling them to you at the agreed-upon price. Payment Gateway acquires temporary ownership (flash title) of the products once they leave Diamsland's jurisdiction. You take ownership of the products from Payment Gateway before they enter your designated delivery jurisdiction. In case of any discrepancies between shipment contract terms and these Terms, these Terms take precedence. (b) Billing:

If you use a credit card, Payment Gateway bills it, accompanied by the descriptor "Diamsland". PayPal transactions will display the descriptor "Diamsland." Billing occurs after your products are received, processed, and dispatched. In the case of partial orders, Payment Gateway bills only for the received products, pro-rated shipping, handling, duty, taxes, and VAT (unless the DAP option is chosen). In case of multiple parcels, the total billed amount won't exceed the presented order amount. Technical errors in exchange rates are void.

(c) Prices and Payment Methods:

Product prices are available on www.diamsland.com. Duty charges, VAT, taxes, or surcharges may apply to international orders, varying by country (customer's responsibility). Sales taxes are applicable based on your region. Payment methods include PayPal and major credit cards, subject to geographical availability. Diamsland may change prices and payment methods without affecting confirmed orders.

Customers paying by wire receive instructions post-checkout, with shipping upon bank confirmation. Bank wire payment may be required for international orders or those exceeding $10,000 at Diamsland's discretion. When placing an order, you acknowledge and agree to:

Diamsland charging the selected payment method. Providing valid and current information. Diamsland uses payment processors' tools, software, or services. Promptly paying due amounts upon request if the initial payment is not received. Date of Last Update of These Terms: January 1, 2024.

Diamsland's website is operated by UltraCarat, Inc. from, the State of Delaware. No representation is made regarding the appropriateness of the site content in other locations. Visitors accessing Diamsland's site from other locations do so at their initiative, responsible for compliance with local laws.

We appreciate your interest in Diamsland and hope your experience on any Diamsland website is enjoyable