Terms

Engaging Diamonds

Terms & Conditions

(Effective 1/1/12)

These terms and conditions (“Agreement”) apply to your purchase of jewelry (“Product”) from Engaging Diamonds. These terms and conditions of sale apply to all purchases, including internet, telephone, or in-store purchases. By placing an order and/or accepting delivery of Product, you accept and are bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both you and Engaging Diamonds.

Payment:

Order Payment: Orders placed do not constitute a legal contract until Engaging Diamonds orders the Product. Terms of payment are within Engaging Diamonds sole discretion, and unless otherwise agreed to by Engaging Diamonds, payment must be received by Engaging Diamonds prior to Engaging Diamonds acceptance of an order. Payment for the Product may be made by check, cash, or some other prearranged payment method.  If payment is made by personal check, Product will not be ordered until the check clears. Your order is subject to cancellation by Engaging Diamonds, at Engaging Diamonds sole discretion. Engaging Diamonds is not responsible for pricing, typographical, or other errors, in any offer by Engaging Diamonds and Engaging Diamonds reserves the right to cancel any orders resulting from such errors.

Taxes: Applicable state and local sales taxes will be charged to all sales where Engaging Diamonds has a physical presence. Currently this is only Colorado.

Wire Transfers:  Engaging Diamonds can take wire transfers for your convenience.  There will be a $7 charge added to your order each time a wire transfer takes place.

Reserved Rights:

  • All prices and availability are subject to change due to unforeseen fluctuation in the metal markets.

Signature Required For Delivery:

  • If your delivery is over $100 we require a signature for delivery. This is regardless of any waivers you may have with any shipping company (FedEx, UPS, etc.) These requirements are for your protection and will not be waived by Engaging Diamonds.
  • Since jewelry is often given for engagements or other special occasions, we will be extremely flexible to help you create a wonderful surprise. We can expedite your delivery for a fast approaching special occasion or we can ship your order to an address other than your home to help you maintain your surprise.

Shipping Charges; Title; Risk of Loss; Taxes: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to Product passes from Engaging Diamonds to you upon shipment from Engaging Diamonds office. Loss or damage that occurs during shipping by a carrier selected by Engaging Diamonds is Engaging Diamonds responsibility, HOWEVER, Engaging Diamonds will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. You must notify Engaging Diamonds within 1 days of the date of your purchase if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Engaging Diamonds with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Any quoted shipping dates are estimates only.

Custom & Special Orders: When you place a custom or special order, you have committed to the item. Please note that custom & special orders are outside the scope of regular designed production and are both non-refundable and non-exchangeable from the time the order is placed.

Return Policy: We at Engaging Diamonds want you to be satisfied with your purchase. Therefore, you may elect to return or exchange your non-custom made jewelry within 7 business days after you receive your product and we will issue a refund minus the shipping charges. Please note that items showing signs of wear or those that have been engraved, altered, resized or damaged in any way cannot be accepted for return.

To return jewelry to Engaging Diamonds, please follow the subsequent directions:

  • Email or call Engaging Diamonds at [email protected]  or 720-352-3224.
  • Package your item securely including all original packing and collateral items. Include your name, address, phone number and email address.

  • Insurance is the responsibility of the individual. Both FedEx and UPS will not insure jewelry valued at over $600. Look on the invoice. If the price of the item you are returning is listed as:

    • Under $600 – you can ship it via any carrier, but be sure to ship it fully insured and request a return receipt for confirmation that the package was received
    • Over $600 – Ship your package via US Postal Service Registered mail insured for the total value of the contents. Also, request a return receipt for confirmation that your shipment has reached Engaging Diamonds.

  • All authorized returns should be sent to our office:Please follow these instructions exactly, failure to do so will prevent the processing of your return

    • Engaging Diamonds
    • 65 Betasso Rd.
    • Boulder, CO 80302
  • Please allow 7 business days for the processing of your return or exchange from the date we receive your package.  Refunds on your credit card may take an additional 3 -5 business days to appear on your credit record as your banking institution may require additional days to process and post the transaction to your account once the information is received from Engaging Diamonds.

Limitation of Liability. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY ENGAGIN DIAMONDS. ENGAGING DIAMONDS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ENGAGING DIAMONDS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ENGAGING DIAMONDS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.

Governing Law. The parties agree that this Agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between you and Engaging Diamonds arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, Engaging Diamonds advertising, or Engaging Diamonds website shall be governed by the laws of the state of Colorado, U.S.A., without regard to conflicts of laws rules. Any actions, regardless of form, arising out of your transaction with Engaging Diamonds or the Product must be brought within the applicable statutory period, but in no event more than one year from the date of purchase of Product.