terms & conditions

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.

1. DEFINITIONS

PARTIES

"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.

CONTENT

"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.

2. CHANGES TO THE TERMS OF SERVICE

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.

3. USING THE SERVICE

A. ELIGIBILITY

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.

B. PERMISSION TO USE THE SERVICE

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.

C. SITE AVAILABILITY

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.

D. USER ACCOUNTS

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.

E. COMMUNICATIONS FROM THE COMPANY AND OTHER USERS

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 customerservice@friendlydiamonds.com and the Website will take the required action if found appropriate.

F. PRODUCT DESCRIPTION

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.

G. USE OF PRODUCT

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.

H. PRODUCT RECOMMENDATION

Any recommendations made to you by the Website during your use of the same are purely for informational purposes and your convenience.

4. CONTENT

A. RESPONSIBILITY FOR ‘YOUR CONTENT’

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.

It is your responsibility to ensure that Your Content does not contain any material that is

• false, intentionally misleading, or defamatory;
• violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• unlawful, including illegal hate speech or pornography;
• exploitative or otherwise harmful to minors; or
• violative of, or advocates the violation of any law or regulation. You may expose yourself to liability if, for example, Your Content contains material that falls in any of the above categories or others that are prohibited by law. You hereby indemnify the Company and the Website from any liability in this regard.

B. OUR RIGHT TO USE YOUR CONTENT

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 customerservice@friendlydiamonds.com

C. OWNERSHIP

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.

D. ADVERTISING

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.

E. OTHER

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 customerservice@friendlydiamonds.com

5. THIRD PARTIES AND SELF PROMOTION BY USERS

A. LINKS TO THIRD PARTY SITES

The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such sites. Other sites have their privacy policies and data collection practices. Please consult each site's privacy policy.

B. THIRD-PARTY PRODUCTS AND SERVICES

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.

C. OFFERS AND PROMOTIONS BY THIRD PARTY

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.

D. SELF PROMOTION BY USERS

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.

6. GUIDELINES AND POLICIES

A. CANCELLATIONS AND RETURNS

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.

B. SHIPPING AND DELIVERY

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.

C. PRIVACY

You represent that you have read, understood, and agree to our Privacy Policy available at https://www.friendlydiamonds.com/privacy.

7. REPRESENTATIONS

You agree to and hereby make the following representations:

• A. You will use the services of the Website for lawful purposes only and will comply with all applicable laws and regulations while transacting on the Website.
• B. We reserve the right to confirm and validate the information provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partially), the Company has the right in its sole discretion to debar you from using the services of the Website.
• C. Where credit/debit card details are required, you will provide the correct information. You will only use a credit/debit card that you own in your transactions with the Company. Any liability for use by you of a card fraudulently is exclusively on you and will lead to claims of cost of goods, collection costs, legal fees, etc.
• D. You are accessing the products and/or services available on the Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction on the Website.
• E. The address at which delivery of the product(s/service(s) ordered by you is to be made will be correct and proper in all respects, and the shipment will be made to this address only. Any deviation from this requirement, if agreed to by us at our sole discretion, may lead to additional costs for which you are solely responsible.
• F. Before placing an order, you will check the product/service description carefully. By placing an order for a product and/or service, you agree to be bound by the conditions of sale included in its description.

8. INTELLECTUAL PROPERTY RIGHTS

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.

9. RESTRICTIONS

We are under no obligation to enforce the terms of use of the Website on your behalf against another User. We reserve the right to investigate and take appropriate action at our sole discretion. In addition, you agree not to: modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website. You may not. Use the Website to transmit any computer viruses, worms, defects, trojan horses, or other items of a destructive nature (collectively, "Viruses"), or. use any device, software, or routine that interferes with the proper working of the Website. You may also. remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the. Website.

10. INDEMNITY

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.

11. GOVERNING LAW AND JURISDICTION

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.

12. TERMINATION

You may terminate the Terms of Website at any time by closing your account and discontinuing your use of the Website. If you close your account, we may continue to display Your Content. You must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

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.

14. Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

• (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• (c) attempting to interfere with the service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding, ‘spamming’, ‘mail bombing’ or ‘crashing’;
• (d) sending unsolicited email, including promotions and/or advertising of products or services; or
• (e) forging any header or any part of the header information in any email or newsgroup posting.

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).

15. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable according to applicable law, then that part will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The Company's failure to act for a breach by you or others does not waive its right to act for the breach or subsequent and similar breaches. These Terms Of Use constitute the entire agreement between you and the Company concerning your use of the Website and supersedes all prior or contemporaneous communications and proposals.