TERMS & CONDITIONSThese terms and conditions apply to the Swana Diamonds website (www.SwanaDiamonds.com), and all associated websites linked to www.SwanaDiamonds.com by Swana Diamonds, its subsidiaries and affiliates, including Swana Diamonds' sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the Swana Diamonds Site, and constitute an agreement between you and Swana Diamonds. Swana Diamonds reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and at its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies, to ensure you understand and remain abreast of the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
If you're interested in a piece of diamond jewellery that is currently out of stock, contact us and we can tell you when the item will be back in stock. Sometimes, with the volume of diamond jewellery orders we receive, a diamond jewellery item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Data, including diamond jewellery prices, may be inaccurately displayed on the Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices on diamond jewellery or any other products. If a diamond's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the diamond(s) or cancel the order and notify you of the cancellation. If the order has been shipped, you agree to either return the diamond(s) or pay the difference between the actual and charged prices. Our diamond jewellery prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our Diamond and Jewellery Consultants at cs@SwanaDiamonds.com or +852 2522 9050
We do not negotiate prices on the prices of our diamond jewellery or other products. All our prices are final.
When you order diamond jewellery, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories. It is very expensive to replace a diamond grading report. As such, we require you to return the diamond grading report associated with each diamond you return. If you do not include the diamond grading report with your return, you will be charged a replacement fee of US$100.
To keep our prices low, we do not allow comparison purchasing on diamonds or other products from the Site. Comparison purchasing is the act of buying several diamond jewellery items with the intent of keeping the one you like best and returning the others. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a diamond jewellery item, please contact one of our Diamond and Jewellery Consultants at cs@SwanaDiamonds.com or +852 2522 9050, and we will be happy to help you make your choice.
Information on the Site
At Swana Diamonds, we make every attempt to ensure that our online diamond catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some photographed diamonds may appear larger or smaller than their actual size; and since every computer monitor is set differently, diamond colour and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective diamond purchase as possible, so that you can see the beauty and shape of a particular diamond. In compliance with industry standards and DTC regulations, Swana Diamonds states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Site, we provide the measurement of our diamonds based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the diamond manufacturing process.
For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Diamond colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, the average quality of all the diamonds in the piece is equal to or exceeds the grade stated.
Policy on Ethical Diamond Sourcing
At Swana Diamonds, we receive diamonds through only the largest and most respected miners who, like us, proudly adhere to and enforce the standards established by the Kimberley Process. The Kimberley Process is an international system that polices the trade of diamonds to ensure they are from sources free of conflict.
The Site and all content and other materials, including, without limitation, the Swana Diamonds logo, and all diamond designs, text, diamond graphics, diamond pictures, diamond selection tools, coordination, 'look and feel', information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Swana Diamonds or its licensors or users, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Swana Diamonds, the Swana Diamonds logos, and all other products, service names and slogans contained on the Site are trademarks of Swana Diamonds and its suppliers or licensors. They may not be copied, imitated or used, in whole or in part, without the prior written permission of Swana Diamonds or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Swana Diamonds" or any other name, trademark, or product or service name of Swana Diamonds without our prior written permission. All other trademarks, registered trademarks, product names and Swana Diamond's names or logos mentioned on the Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, non-sub-licensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any diamond jewellery product listings, diamond jewellery pictures or diamond jewellery descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of the Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of the Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Swana Diamonds, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Swana Diamonds has adopted a policy of terminating and barring, in appropriate circumstances and at Swana Diamonds' sole discretion, Site users or account holders who are deemed to be repeat infringers. Swana Diamonds may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Swana Diamonds may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Swana Diamonds does not monitor or have any control over any Third Party Content or third party sites. Swana Diamonds does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Swana Diamonds does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Swana Diamonds may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Swana Diamonds, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Swana Diamonds is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Swana Diamonds advertisers on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Swana Diamonds, or our products or services that are provided by you to Swana Diamonds are non-confidential and shall become the sole property of Swana Diamonds. Swana Diamonds will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Swana Diamonds and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews and User Content
The Site may include a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on the Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
If you post User Content to the Site, unless we indicate otherwise, you grant Swana Diamonds and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Swana Diamonds and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Swana Diamonds, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of, or related to:
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SWANA DIAMONDS, THE SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWANA DIAMONDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. SWANA DIAMONDS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SWANA DIAMONDS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SWANA DIAMONDS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SWANA DIAMONDS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWANA DIAMONDS' RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of Hong Kong. You agree that any action at law or in equity arising out of, or relating to, these Terms and Conditions shall be filed only in Hong Kong and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
You agree that Swana Diamonds may modify these Terms and Conditions and any other policies on the Site at any time and that posting the modified Terms and Conditions or policies on the Site will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, Swana Diamonds reserves the right, without notice and at its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our Diamond and Jewellery Consultants at cs@SwanaDiamonds.com or +852 2522 9050.
International Transfers. Information collected on the Site may be stored and processed in Hong Kong or any other country in which Swana Diamonds or its affiliates, subsidiaries or agents maintain facilities. By using the Site, you consent to any such transfer of information outside of your country. By using the Site and providing personal information to us, you consent to any such transfer of information outside of your country. Be advised that personal information may be made available, without your knowledge, to local governments or agencies in any country where we or our service providers store or process personal information, under a lawful order made in that country.
Collection and Use of Information
General. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information. You should know that we receive, and may store, all personal information (whether written or oral) that you provide to us, through whatever means you provide such information (through the Site, via e-mail, over the telephone, etc.). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address, or email address, as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. We may combine the information you provide to us over time, and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties.
Use of Your Personal Information
We may use the information we collect about you to:
In certain circumstances, we may share your personal information with trusted partners:
Comments. We value your comments, feedback, testimonials, etc., which help us improve our website, products, and services. By making such submissions to us, you assign your rights in the submissions to us.
Other Uses of Your Information
IP Address. When you visit the Site, Swana Diamonds collects your IP address to, among other things, help diagnose problems with its server, administer and tune the operation of the Site, analyse trends, track traffic patterns, gather demographic information for aggregate use, and track the date and duration of each session within the Site. Your IP address may also be used in combination with your personal information to prevent fraud or abuse, to customise your shopping experience, to improve the Site, to improve our customer service, diamond jewellery products, and promotional efforts, and to understand your preferences, patterns and interests.
Data Collection Devices, such as Cookies and Web Beacons. In some instances, Swana Diamonds may collect data through cookies, web logs, web beacons (also known as pixel gifs or action tags) and other monitoring technologies to enhance your browsing and shopping experience on the Site. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive to collect information about your activities on our website. Web beacons are small strings of code placed on a web page or within an email for the purpose of transferring information.
Swana Diamonds does not knowingly collect personal information from minors. If we learn that we have collected personally identifiable information from a child under the age of 13, we will delete that data from our systems.
Swana Diamonds is committed to the protection of the personally identifiable information that you share with us. We utilize a combination of physical and electronic security technologies, procedures, and organisational measures to help protect your personally identifiable information from unauthorised access, use or disclosure. While we strive to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure and, accordingly, we cannot guarantee or warrant the security of any information you disclose or transmit to us.
Accessing and Updating Your Information
If the personally identifiable information Swana Diamonds has gathered from you changes or you would like to access, correct, or delete it, we will gladly provide you access to that information (to the extent allowed by law). To request access to, a correction to, or deletion of your personal information, please send an e-mail to cs@SwanaDiamonds.com or contact one of our diamond and jewellery consultants at +852 2522 9050.
We want to communicate with you only if you want to continue to hear from us.
To opt out of receiving email promotions that we send you: (1) select "unsubscribe" on our subscription status page and enter the requested information, or follow the unsubscribe instructions in any of our promotional emails; or (2) write to Customer Service at 22/F Euro Trade Centre, 21-23 Des Vouex Road, Central, Hong Kong (a "postal request"). To opt out of telephone promotions, you can tell us when we call you or you can send us a postal request. To opt out of postal mail promotions, please send us a postal request.
Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us. It also does not affect our use of your non-personally identifiable information.