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These terms and conditions govern your access to and use of the Website and (as and when developed) mobile applications, including but not limited to the Website. By accessing, viewing, downloading, or otherwise using the Website, you agree to these Terms of Website and conclude a legally binding contract with the Company. Do not access or use the Website if you are unwilling or unable to be bound by the Terms of Website.
"We", "us", "our" refer to the Company. A "User" is someone who accesses, browses, shops, adds information, creates an account, crawls, scrapes, or in any way uses the Website. If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with us. You are nevertheless individually bound by these Terms of Website. If you do not want to become a user and do not conclude this Agreement, do NOT click “Agree and continue” and do NOT access, view, download, or otherwise use any of the Website’s web pages, information, and/or other Websites.
"Website Content" means all materials on the Website including text, images, illustrations, designs, icons, photographs, programs, audio, music, video, downloads, and all other forms of data or communication. "Your Content" refers to Content that you create, submit or transmit to, through, or in connection with the Website, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or display privately in your account profile. "User Content", "Third Party Content," and "Our Content" mean Content that originates from parties other than us or our users, which is made available on the website.
We reserve the right to change the terms and conditions contained in the Terms of Website from time to time and at our sole discretion. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You agree that your continued access to or use of the Website after any posted modification to the Terms indicates your acceptance of the modification.
Only persons ‘competent to contract’ as per law are eligible to use the Website. However, parents or legal guardians may transact on behalf of minors i.e., persons below the age of 18 years. You may not access or use the Website if you are a competitor of the Company or if we have previously banned you from the Website or closed your account.
We permit you to use the Website subject to the restrictions in these Terms of Website. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Website or any functions or Content of the Website may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you and/or liability to us.
You must create an account (in any of the manners permitted by the Website) and provide certain information about yourself to use the features that are offered through the Website. You are responsible for maintaining the confidentiality of your account password. By confirming your purchase at the end of the checkout process on the Website, you agree to accept and pay for the products and services you have ordered.
You agree that all agreements, notices, disclosures, and other communications electronically satisfy any legal requirement that such communications be in writing. The Website will not be responsible for any content, including but not limited to comments, reviews, quotes, articles, blogs, deemed as derogatory by you. In the event of you finding any content offensive, please report the issue at firstname.lastname@example.org and the Website will take the required action if found appropriate.
The Company attempts to be as accurate as possible. The product pictures are indicative and may not match the actual products. Prices of products and availability of products are subject to change without notice. We reserve the right to refuse or cancel any such orders regardless of whether the order has been confirmed and you have been charged. If your card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
The Company is not in any manner responsible for the use of the products and services sold on the Website, except to the extent specifically stated, and you should carefully read the individual terms and conditions concerning the products.
Any recommendations made to you by the Website during your use of the same are purely for informational purposes and your convenience.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company.
We may use Your Content in several different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their websites and other media platforms. By submitting Your Content to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third-party rights. You have the right to be forgotten according to Art. 17 of the General Data Protection Regulations by contacting email@example.com.
As between you and the Company, you own Your Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with Our Content and the Website. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of the Our Content in whole or in part except as expressly authorized by us.
The Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. Except as agreed upon through a separate legally binding contract, you are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
We reserve the right to remove, screen, edit, or reinstate User Content and Your Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality concerning Your Content. The Website exercises no control over any of Your Content you submit to the Website. We have no obligation to verify the identity of any users, including you when they are connected to the Website or to supervise any Content that has been provided by users. If you believe that Your Content is being misused by anyone, you must immediately inform us by email at firstname.lastname@example.org.
We are not responsible for, and disclaim any endorsement of, any such product or service. Descriptions, images, or references to third-party products and/or services on the Website do not imply our endorsement thereof. Posted reviews by a User are solely the opinion of that User and none of the Reviews contain or reflect the opinion or views of the Company.
The Company does not endorse any third party on the Website, and any offers, promotions, or communication disseminated across the Website or to its users/visitors are the sole responsibility of the initiating party. The Company is not responsible for the veracity of the content or the final delivery quality of any offers or promotional material given by a third party to visitors/users of the Website.
The Company does not endorse any user on the Website, including but not restricted to bloggers, writers, brands, product manufacturers, and website providers. Any offers, promotions, or communication disseminated by such Users across the Website or to its users/visitors are the sole responsibility of the initiating party, and you agree not to hold the Company responsible for any aspects attributable to any User.
The Company normally provides a 30-day free return policy on a product purchased on the Website, provided that the product is in an unused condition and the same as supplied to you. Upon receipt by the Company of the product as above, we will refund/reverse the purchase price to you within fifteen (15) days therefrom. Please refer to our 'Cancellation & Returns Policy' available at www.friendlydiamonds.com/why-friendly/return-policy.
All shipping of our products to our customers (both domestic and international) are currently handled via Belgian Post Group (Bpost) and FedEx and may be updated from time to time. Please refer to our Shipping Policy available at www.friendlydiamonds.com/why-friendly/shipping-policy.
The Company and its suppliers and licensors expressly reserve all intellectual property rights, including but not limited to the copyright, trademark, and patent rights (to the extent applicable) in all text, programs, products, processes, technology, content, data, software, and other materials. The compilation (meaning the collection, arrangement, and assembly) of the Content on the Website is the exclusive property of the Company. Access to the Website does not authorize anyone to use any name, logo, or mark in any manner. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website, or any related software.
You agree to indemnify and hold the Company harmless from any claim or demand made by any third party. You agree not to settle any matter without the prior written consent of the Company. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to ensure the Indemnified Parties.
These Terms and Conditions, and other Policies on the Website, are subject to the Belgian Centre for Arbitration and Mediation's (CEPANI) Rules of Arbitration. A single arbitrator appointed under the Rules will settle disputes between the parties. The arbitration shall be conducted in the English language. The law governing the Terms of Website shall be the law of Belgium.
WARNING - THIS WEBSITE MAY OFFEND THE LICENSURE OF ANY RIGHTS YOU MAY HAVE, WHICH MAY NOT BE LAWFULLY Limited. EACH subsection BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE Law. The Company's Product Offerings MAY CONTAIN CONTENT FROM other Internet Sites, and the Company may not be able to ensure that such content is of high quality. The Company MAKES NO CLAIMS OR PROMISES about the QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, Ratings, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE OR ANY PRODUCT OR SERVICE. The Company and its Related Entities EXPRESSLY DISCLOSE ALL. IMPLIED. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND. NON-INFRINGEMENT. The Company, through its website, intends to provide its users with general information about the products sold on the WEBSITE. IT TAKES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, Appropriateness, OR USEFULNESS OF THE INFORMATION. YOU DO NOT INFER OR ASSUME THAT SUCH Information NECESSARILY APPLIES TO YOU. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITES MAY BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS.
Any violations of system or network security may result in civil or criminal liability as per applicable law. The Company is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Company on this Website and other than generally available third party web browsers (e.g., Apple Safari, Google Chrome, Microsoft Explorer, etc).