Ada Diamonds, Inc. Terms and Conditions
ACCEPTED FORMS OF PAYMENT
Ada Diamonds, Inc. accepts same-day bank wires, credit cards (Visa, Mastercard, American Express, and Discover), Bitcoin, and 3, 6, or 12-month financing for U.S. residents in select states via Affirm (up to $10,000 USD). Ada Diamonds does not accept automated clearing house (ACH) or e-check, personal checks, certified bank checks, or cashier's checks. In the case of bank wire, all payment fees are the responsibility of the customer. For in-person sales at one of our showroom locations, or at an Ada Diamonds' trunk show, cash is also accepted. Ada Diamonds uses three different online payment systems including Stripe, Square, and Intuit.
Some transactions may require same-day bank wire as the only form of payment. You may be asked to provide government-issued photo identification at the time of payment, including a copy of your passport. International clients may be required to show a copy of their passport in compliance with The USA Patriot Act. Ada Diamonds, Inc. reserves the right to reject a transaction for any reason, including but not limited to fraud risk, insufficient funds, or suspicious activity.
In order to reserve a lab diamond and/or begin the custom design process, a transferable, non-refundable deposit is required. Prior to production of an engagement ring, non-refundable deposits may be transferred toward another diamond on the same order. Prior to the start of production, you will receive a cost estimate for the entire piece(s) of jewelry, which will require your signed approval. Once the estimate is signed and the order enters production, the deposit is no longer transferrable.
Subsequent to placing a deposit on either a diamond or a piece of jewelry, your piece of jewelry must enter production or the remaining balance on the diamond be fully paid within 60 calendar days.
Items purchased directly from our web site, as well as loose diamonds, Ready to Ship items (including the Delicate and Classics Collection), and some wedding bands, require full payment upon placing an order.
Prior to the shipment or delivery of a completed bespoke piece of jewelry, full payment on the remaining balance of an invoice is required. You have 30 days from production completion to pay your final invoice, inclusive of the completion date; however your piece of fine jewelry will not ship until the final invoice has been paid. Failure to pay for the finished piece of jewelry within 30 days of production completion may result in forfeiture of any deposits paid and cancellation of the order.
CANCELLATION PERIOD ON DEPOSITS AND ORDERS
Within 48 hours of placing a deposit or placing an order on AdaDiamonds.com, you may cancel your order and receive a full refund. After 48 hours, non-refundable deposits are no longer eligible for refund. After 48 hours, online orders that have been started but not finished may be canceled and subject to a 20% re-stocking or cancellation fee.
Due to the bespoke nature of our pieces, Ada Diamonds kindly asks our clients to respect the following jewelry order minimums (refers to the total cost of the piece):
· Bespoke engagement rings, including re-set proposal settings: $5,000 USD (refers to the center stone and setting cost combined)
· Non-customized proposal and solitaire settings: $3,500 USD (refers to the center stone and setting cost combined)
· Made to order fashion jewelry from our collections: $1,250 USD
· Fully custom fashion jewelry: $2,000 USD
· Collections' wedding bands: $1,500 USD
· Fully custom wedding band: $2,500 USD
· Loose lab diamonds: A minimum of 1.0ct each
Non customized items purchased directly from our web site carry no order minimum. Pre-set engagement rings, Ready to Ship fashion pieces, and plain metal wedding bands carry no order minimum.
All prices quoted through the concierge process, on Ada Diamonds' website, at the San Francisco or New York locations, or at any trunk show are in USD unless otherwise noted. Ada Diamonds is not responsible for changes in foreign exchange rates and will only quote and charge clients in USD.
All purchases delivered in, picked up, or shipped to the following states will incur the following tax rates: California: 8.625%; New York: 8.875%; Texas: 8.25%. Shipments to the following states incur these sales tax rates dependent on city and county: Oklahoma 4.5%-11.5%; Nevada 6.85%-8.375%; New Jersey 6.625%; Pennsylvania 6%-8%; Washington 6.5% - 10%. Please consult with your Diamond Concierge for additional information.
CARAT WEIGHT MEASUREMENTS
All carat weights displayed in Ada’s collection pieces are approximate and may vary slightly from the finished piece. Notably, carat total weights for wedding bands may vary based on ring size and exact weight of diamonds used. Your Concierge will provide an estimate, to the best of our ability, of the final carat weight of a piece of jewelry prior to payment. On some pieces, discounts are not available for small discrepancies in carat weights.
Ready to begin your bespoke piece? Schedule a consultation with an Ada Diamonds Concierge today!
TIME TO SHIP
All orders placed on AdaDiamonds.com are confirmed via email by a member of our Diamond Concierge team. If you are not responsive, your order may be canceled. Once a Concierge has confirmed your order, either by email or phone, then the order is considered Accepted by Ada Diamonds. All bespoke bridal pieces require a signed estimate prior to production.
Most Delicate Collection and Ready-to-Ship orders ship within 1-4 business days of your order's Acceptance.
Purchases of loose diamonds are ready to ship in 1-3 business days of your order's Acceptance.
Bespoke fashion pieces may take up to 3 weeks for completion from your order's Acceptance.
Custom pieces, including bridal pieces, are ready to ship within 2-5 weeks from final design approval, depending on the complexity of the piece. Most designs are approved within 1-2 weeks from date of deposit or order placement. Your Diamond Concierge will notify you if your piece requires additional fabrication time.
Within the United States, Ada Diamonds offers complimentary, fully-insured two-day shipping with Fedex for pieces up to $15,000 USD in value with signature required to a residence, business address, or hold for pick up at a Fedex Office.
Pieces over $15,000 USD are sent complimentary via fully-insured Fedex Priority Overnight with signature required to a residence, business address, or hold for pick up at a Fedex Office. Shipments under $15,000 USD in value may be upgraded to Fedex Priority for $50 USD. Saturday delivery shipments are available to residential and Fedex Office locations for a $75 USD fee.
All shipments require signature upon delivery and may not be left unattended. It is strongly recommended to have a package sent to a Fedex Office location for pick up. It is strongly discouraged to send a shipment to a doorman residential building. Unclaimed packages, packages returned to Ada, or packages that must be re-routed to a new address due to client error carry a $75 USD re-shipping fee. If a shipping address is different from the billing address, additional documentation may be required.
Ada Diamonds does not deliver to UPS stores. For pieces with a value above $100,000 USD, armored delivery may be required through Brinks or Malca Amit. Signature is required upon delivery. Shipments are fully insured while shipments are in transit and up until the point of signature, at which point liability for loss or theft is transferred to the customer. Ada Diamonds encourages clients to insure fine jewelry using personal jewelry insurance. Insurance on shipping covers damage or loss to the physical jewelry. Ada Diamonds is not responsible for damage done to packaging during transit, such as a dented shipping box. Ada Diamonds does not guarantee next day or two-day delivery due to Fedex and weather delays. We recommend allowing for two additional business days for time sensitive shipments, especially during the months of November and December. A valid phone number is required for all shipments.
Please note that some US territories are considered International destinations for shipping purposes.
Due to closures and several months-long delays, we have temporarily suspended all shipments to APO, FPO, and DPO addresses. Your concierge will be happy to work with you in shipping your purchase to a domestic or international destination of your choosing, including the ability to ship to a friend or family member.
International recipients are responsible for paying all customs duties and import fees. Ada Diamonds is not able to provide estimates or quotations of international import fees.
Ada Diamonds is happy to offer International Priority (~two days) Fedex shipping to the following International destinations starting at $75 USD: Anguilla, Antigua and Barbuda, Aruba, Austria, Australia, Bahamas, Bahrain, Barbados, Belgium, Belize, Bermuda, Bonaire, British Virgin Islands, Brunei, Canada, Cayman Islands, China, Curacao, Cyprus, Denmark, Dominica, Faroe Islands, Fiji, Finland, France, French Polynesia, Germany, Gibraltar, Greece, Greenland, Grenada, Guam, Hong Kong, Iceland, Ireland, Italy, Jamaica, Japan, Macau, Malaysia, Marshall Islands, Mauritius, Monaco, Montserrat, Netherlands, New Zealand, Norway, Papa New Guinea, Philippines, Poland, Portugal, Puerto Rico, Qatar, Saipan, Sint Maarten, Saudi Arabia, Seychelles, Singapore, Sint Maarten, South Korea, Spain, Sri Lanka, St. Barthelemy, St. Kitts and Nevis, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Turks and Caicos, United Arab Emirates, United Kingdom, US Virgin Islands, Vatican City, Vietnam.
For those countries not listed, armored delivery may be available for jewelry purchases of $25,000 or more. International shipments are recommended to be sent to a business address. Residential deliveries to international destinations may be available at an additional fee.
Ready to begin your bespoke piece? Schedule a consultation with an Ada Diamonds Concierge today!
Return, Refund, and Re-Setting Policy
30-DAY RETURN POLICY
Ada Diamonds is proud to honor a 30-day return or exchange policy. In order to qualify for return, customers must submit a Customer Service Inquiry through the Ada Diamonds website within 30 days of receipt of merchandise. The 30-day return window is inclusive of the day of receipt. For example, if a customer receives merchandise on April 3, the last day to initiate a return is May 2.
Receipt is defined as the day the merchandise arrived at the specified address provided by the customer. If the customer has specified that the merchandise be shipped to a Fedex Office for pick up, the date of receipt is the day the merchandise arrives at the Fedex Office and is available for pickup. Although most Fedex Offices will hold packages for up to five business days, customers are strongly encouraged to pick up from Fedex Offices on the day that the merchandise arrives. If the customer has specified that the merchandise be shipped to a friend or family member, the date of receipt is the day the merchandise arrives at the address of the friend or family member and is irrespective of when the actual customer receives the merchandise.
To initiate a return or exchange, customers must submit a Customer Service Inquiry within 30 days of receipt of Ada merchandise through the Ada Diamonds website. Should the merchandise fall within the 30-day return window, Ada Diamonds will provide an RMA number and fully-insured return shipping label for a fee, either $50 or $100 USD for domestic shipments. Fees for international customers start at $75 USD and may vary. The return shipping label must be purchased within one business day of submitting a return inquiry. Merchandise must be shipped within two business days of receipt of the shipping label. For example, if a customer initiates a return on Wednesday, April 1, that customer must pay for their return label by Thursday, April 2, and must ship the merchandise by Monday, April 6. Shipments dropped off at Fedex after the required date will be rejected, returned to customer, and will not be eligible for return or refund. Should a customer attempt to return merchandise through another method, such as shipping via another carrier, Ada Diamonds will reject the package and return to sender.
International clients are responsible for paying for any import tariff, taxes, or duties assessed and charged on return or exchange of goods to Ada Diamonds. Those fees may be deducted from total amount of refund for returned merchandise or due at the time of shipment of exchanged merchandise.
Customers in the SF, NY, or Austin areas may schedule an in-person drop-off of merchandise for return or exchange at an Ada Diamonds showroom by appointment only.
Ada’s return policy is a satisfaction guarantee, not a 30-day use window. Finished jewelry must be returned in complete, original, tagged, out-of-the-box condition, with original grading certificates, if applicable. In other words, pieces worn during the 30-day period are no longer in original condition and are not eligible for return. Loose diamond purchases must be returned with the original grading certificate and in their original condition. Ada Diamonds will check to ensure both loose diamonds and set diamonds match their corresponding grading certificates. Finished jewelry must be returned in full; Ada Diamonds will not accept partial returns of finished jewelry.
Once your return is received and confirmed, your refund will be processed in 5-7 business days to the original form of payment, when applicable, less any non-refundable portions or re-stocking fees such as a 20% non-refundable deposit. If necessary, your refund will be provided via ACH or check. Ada Diamonds will only provide refunds in the form of USD and cannot refund in other currencies or cryptocurrencies.
RE-STOCKING FEES FOR RETURNED MERCHANDISE
Items purchased from our web site that are returned will incur a 20% re-stocking fee.
Bespoke pieces that must be made to order will incur a 20% re-stocking fee should the item be purchased in full at the time of order.
Loose diamonds that are returned will incur a 20% re-stocking fee.
Sale and clearance items may only be exchanged or returned for store credit and are not eligible for a refund.
Items purchased from “Ready to Ship” may be exchanged for an item of the same or greater value with no re-stocking fee. Jewelry must be unworn and tagged to qualify for exchange.
Bespoke pieces that must be made to order may incur a re-setting fee on exchange should the item be purchased in full at the time of order. Please submit a customer service inquiry to see if your bespoke order qualifies for a complimentary exchange.
ITEMS NOT ELIGIBLE FOR RETURN OR REFUND
Jewelry that has been worn and is no longer in original, out-of-the-box, new condition is not eligible for refund or return. Any additional services such as secondary third-party gemological grading, engraving fees, un-setting, or re-setting fees are not refundable. Any piece that has been re-made or re-set is considered final sale. Some custom pieces and loose diamond purchases may be ineligible for return and are considered final sale with pre-payment written confirmation and consent from the client. Custom masculine wedding bands or those with a band that is 4mm in width or larger are not refundable and are final sale.
Some solitaire engagement rings, as noted by a Diamond Concierge, are eligible for Ada's Proposal Setting policy. Proposal Settings may be returned within 18 months of purchase for re-setting by Ada Diamonds. The entire cost of the original setting may be applied toward the purchase of a new setting. The new setting must be of at least equal or higher value than the original setting, the diamond + new setting must total $5,000 USD in cost, and the new setting will be final sale. Customers in the SF, NY, or Austin areas may schedule an in-person drop-off of merchandise for proposal setting resetting at an Ada Diamonds showroom by appointment only. Customers not able to drop-off in person will be provided a fully insured shipping label to send in the Proposal Setting ring for resetting at no charge.
LOOSE DIAMOND INSPECTION
To qualify for return and refund, loose diamond purchases must be initiated within 30 of receipt. If you would like Ada Diamonds to set the diamond for you, you will be provided with a complimentary fully-insured shipping label to return the diamond to complete the custom design process. Should you elect to return the diamond and not set it with Ada Diamonds, you are responsible for the return shipping fee.
RE-SETTING AND REMOVAL FEES
Should you decide within 90 days of receipt to return just the setting after production or delivery, and the ring is in original, out-of-the-box condition, you may receive full credit for the returned setting, less a removal fee starting at $500 USD for solitaire and $1,000 USD for non-solitaire settings (you will receive a custom quote to remove the center stone). You are responsible for return shipping fees.
Should you decide within 90 days of receipt that you want to modify or change the setting after production or delivery, Ada Diamonds will strive to deliver a new setting at a discounted rate. You will receive a quote for a re-setting fee. You are required to return your original setting in order to receive a discounted setting rate.
Due to the bespoke nature of our work, Ada Diamonds does not sell loose mountings or settings. Due to our jewelry warranty, Ada Diamonds will not set outside gemstones of any kind.
Customers in the SF, NY, or Austin areas may schedule an in-person drop-off of merchandise for re-sizing at an Ada Diamonds showroom by appointment only. For customers outside of these areas, Ada offers fully-insured domestic round-trip shipping for $75 USD. International customers should inquire for a shipping quote.
In the event of a significantly incorrect ring size, you may be advised to purchase a re-made setting to ensure longevity and security of the ring. You will receive a quote for a re-setting fee. Not all styles are able to be re-sized. Your Concierge will be happy to provide you with an estimate for re-sizing tolerance for your specific style prior to production.
Please note that the complimentary re-size applies only to the first re-size. Clients are encouraged to re-size a ring only once. Additional re-sizes may incur an additional fee, which may be up to a full re-setting fee.
Masculine wedding bands or wedding bands that are 4mm in width or larger require a $50 USD fee per re-size. These bands may only be re-sized once or twice depending on the style and may never be sized a third time.
RINGS THAT CANNOT BE RESIZED
Eternity bands, and those rings for which a Concierge has provided pre-payment notice of inability to re-size, are ineligible for complimentary re-sizing and will require a re-setting fee. You will receive a custom quote for a re-set.
Please note that all Eternity Band re-sets will NOT be the same ring, but rather will be a new ring. Those looking to ensure the ring included in their nuptial ceremony remain their eternal rings are encouraged to consider non-eternity bands that can be re-sized rather than re-made.
Ready to begin your bespoke piece? Schedule a consultation with an Ada Diamonds Concierge today!
Lifetime Diamond Guarantee & Warranty
We guarantee that lab diamonds purchased from Ada will not fade, cloud, change color, or lose their brilliance in your lifetime. If, at any time, your Ada diamond loses its optical quality after purchase, your diamond will be eligible for trade-in for a diamond of comparable size and quality. There is no additional fee for this warranty.
DIAMOND TESTING RESULTS
Due to prevalence of cheap, unreliable handheld diamond testers on the market, Ada Diamonds does not guarantee that every handheld tool will correctly identify every lab diamond sold by Ada Diamonds 100% of the time. Ada Diamonds does guarantee that every lab diamond we sell will test as a lab grown or synthetic diamond via a third party gemological association such as IGI, GIA, or GCAL.
Ada Diamonds is proud to offer a warranty on its jewelry. Within the first two years of purchase, we will conduct minor repairs such as tightening a loose center stone or replacing side or accent diamonds (of 0.25ct and smaller) that go missing if due to a manufacturing defect or minor wear and tear, at no cost to the client.
Ada Diamonds will examine any jewelry repair issue and make a determination regarding the nature of the need for repair. Ada Diamonds’ assessment is final.
Our warranty excludes coverage due to negligence, heavier than normal wear, damage, and repeated instances of wear-induced repair.
Should Ada Diamonds determine the repair needed is outside of the warranty coverage or time frame, Ada Diamonds is happy to provide a quote for paid repair. Prolonged damage or damage due to sudden impact, such as a fall, may require a complete re-make of the ring in order to ensure longevity. Re-setting fees start at $500 USD for solitaires and $1,000 USD for non-solitaire settings but can be more depending on the style.
Customers in the SF, NY, or Austin areas may schedule an in-person drop off of merchandise for repair. For customers outside of these areas, Ada offers fully-insured domestic round-trip shipping for $75 USD. International customers should inquire for a shipping quote.
Any repairs or work not done by Ada Diamonds or authorized third parties we work with will void this warranty.
Ada Diamonds does not guarantee replacement for a lost center stone for any reason, and strongly encourages our clients to obtain jewelry insurance in the event of extreme damage, loss, or theft.
All of Ada Diamonds bridal jewelry is stamped with both the metal type and Ada's name and/or logo for FTC compliance.
CLEANING AND MAINTENANCE
Customers in the SF, NY, or Austin areas may schedule an in-person drop off of merchandise for cleaning. For customers outside of these areas, Ada offers fully-insured domestic round-trip shipping for $75 USD. International customers should inquire for a shipping quote.
These services are available complimentary for the first two years. Please allow up to 3 business days for service at any of our locations.
Ada Diamonds is proud to offer a lifetime diamond upgrade program on all IGI, GCAL, AGS, and GIA graded diamonds previously purchased from Ada Diamonds.
· You will receive credit equal to 100% of the original price toward the purchase of a new diamond.
· The price of your new diamond must be at least 1.5x the price of your original diamond.
· Your diamond must be in its original condition with the original diamond grading report.
· Lifetime trade-in does not apply to the cost of the setting.
To begin the trade-in process, please submit a Customer Service Inquiry.
Terms of Service
This agreement (hereinafter, the "Agreement") between Ada Diamonds, Inc. (hereinafter "ADI" "us" or "we") and you sets forth the terms and conditions which govern your use of any of the ADI or ADI sponsored websites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by ADI.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. ADI MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
access the Sites or Services by any means other than through the standard industry-accepted or ADI-provided interfaces;
transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
impersonate any person or entity, including without limitation, an ADI official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
post or transmit any material that contains a virus or corrupted data;
delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
delete or revise any material posted by any other person or entity;
manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any ADI product or Service if you are not expressly authorized by such party to do so;
Billing and Transaction Policies
Certain products or Services may be offered for sale on the Site. In the event you wish to purchase any of these products, you will be asked by ADI or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card or bank information. You agree to provide ADI or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Disclaimer Regarding Links
The links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the "Linked Sites"). ADI provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has ADI reviewed or approved the content which appears on the Linked Sites. ADI is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that ADI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
All gemstones offered by ADI are proudly grown in a laboratory and are not of natural, mined origin.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ADI shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of ADI or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning ADI or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to ADI shall be fully paid-up and royalty free. In addition, under no circumstances shall ADI have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of ADI business through a merger, sale or transfer of all or substantially all of the assets of Ada, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on ADI's part and we shall not be liable for any use or disclosure of any such Submission Materials.
Media & Privacy
As part of ADI's ongoing marketing efforts, media of your piece of fine jewelry, including videos and images, may be used and shared without limitation through multiple forms of marketing including, but not limited to web site content, social media sites, advertisements, printed materials, and others, as well as shared individually with other clients as examples of ADI's past work. ADI and its employees, to the best of their abilities, will take care to not share sensitive client information such as client names or invoice amounts with anyone outside of the ADI organization. ADI understands the seriousness of discretion of clients purchasing an engagement ring and will take care within reason to only share recognizable media of unique pieces on our web site and social media sites after a client's proposal or after four months have passed, whichever is sooner.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that ADI, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section 19 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
You agree to indemnify, defend, and hold ADI and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to ADI or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.
Ada Diamonds is a registered trademark of company Ada Diamonds, Inc.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by ADI infringe your copyright, you, or your agent may send to ADI a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Ada actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Ada a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Right to Refuse Service
Ada Diamonds has a zero tolerance policy for harassment or abuse of our employees. By agreeing to our Terms, you acknowledge that ADI may at any time, without notice, refuse service to any customer who is aggressive or belligerent, or who harasses or makes threatening statements towards any employee of ADI at any time. Should a client be refused service, he/she will be immediately refunded and his/her order canceled.
INTRODUCTION AND OVERVIEW
EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). ADI, located at the address in the section entitled “Contact Us” below, is the controller with respect to information you provide through the Service.
INFORMATION WE COLLECT
INFORMATION YOU PROVIDE
We collect information you provide directly via the Service, including when you register an account, update your profile, access our content, make a purchase, participate in a sweepstakes, contest, survey, or other promotion (“Promotion”), contact customer support, or apply for a job. We may use Service Providers (defined below) to collect this information.
The information we collect includes information that identifies you personally (whether alone or in combination). Some examples of information we collect include the following:
Contact Data. We collect your first and last name, e-mail address, postal address, phone number, and other similar contact data.
Credentials. We collect passwords and other information for authentication and account access.
Demographic Data. We collect demographic information including your age, gender, and country.
Payment Data. We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
Profile Data. We collect your interests, favorites, wish lists, ring size preferences, and other profile data.
Content. We collect the content of messages you send to us, such as feedback and product reviews you write, or questions and information you provide to customer support. For example, if you contact a customer service representative or jewelry consultant and provide information to the consultant or submit a request through our Service, we will use your information to respond to your request and to provide you with additional information that we believe may be helpful to you.
Resume Data. We collect data as necessary to consider you for a job opening if you submit an application to us, including your employment history, transcript, writing samples, and references.
You may choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.
INFORMATION COLLECTED AUTOMATICALLY
ADI automatically collects information about your device and how your device interacts with our Service. We may use Service Providers to collect this information. Some examples of information we collect include the following:
Service Use Data. We collect data about the features you use, the pages you visit, the e-mails and advertisements you view, the products you purchase, the time of day you browse, your referring and exiting pages, and other similar information.
Device Connectivity and Configuration Data. We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information.
IP Address and Device Identifiers. ADI collects your IP address and other device identifiers, including your MAC address and mobile advertising identifiers. We collect this data for various purposes, including to assess, diagnose problems, and improve functioning of our Service, servers, and hosting providers as well as to analyze trends and traffic patterns, gather demographic information, track the date, time, and duration of each session within our website, prevent fraud, and customize our services and advertisements.
Location Data We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).
Log Files. Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our site and understand trends.
Operational: Cookies are essential in order for you to use our Service, such as our shopping bag, as well as to access password protected areas, such as your personal account.
Analytics and Performance: Cookies collect information about how you use our Service and remember the choices you make (such as your language or location) to provide an enhanced performance and a more personalized experience.
Customization: Cookies allow us to gather information on how our Service is being used so that we can provide content that is relevant to you.
Social Networking: Cookies allow users to share our pages and content to third-party social networking sites.
Web Beacons. ADI also uses electronic images known as web beacons (also known as pixels) on the Service. When you access a website, video, e-mail, or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.
Location-Identifying Technologies. Location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services.
For further information on Tracking Technologies and your rights and choices regarding them, see the sections entitled “Third Parties” and “Your Rights and Choices” below.
INFORMATION FROM OTHER SOURCES
Data brokers from which we purchase demographic data to supplement the data we collect.
Social networks when you reference our Service or grant permission to ADI to access your data on one or more of these services.
Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
Publicly-available sources such as open government databases or other data in the public domain.
For further information on Third Party Services, see the section entitled “Third Parties” below.
USE OF INFORMATION
We use information about you for our legitimate interests, including to:
Manage our Service, including your registration, account, and transactions.
Perform services requested by you, such as to process and fulfill your order, to respond to your comments, questions, and requests, and provide customer service.
Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
Prevent or take action regarding illegal activities, including suspected fraud.
Monitor and analyze trends, usage, and activities.
Conduct internal research on our users' demographics, interests, behavior.
Improve our marketing and promotional efforts, Service content and product and service offerings.
Develop and send you direct marketing, including advertisements and communications about our and third party products, offers, promotions, rewards, events, and services.
We also use information about you with your consent, including to:
Verify your eligibility and deliver prizes in connection with Promotions you have entered.
Serve advertising tailored to your interests on our Service and Third Party Services.
Fulfill any other purpose disclosed to you and with your consent.
We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.
SHARING OF INFORMATION
We share your information as follows:
Service Providers. We share your information with third party agents, contractors, vendors, and other service providers in connection with their work on our behalf (collectively “Service Providers”). For example, if we need to ship something to you, we must share your name and address with a shipping company. Examples of other third parties that we may share your information with include: webhosting companies, fulfillment companies (e.g., companies that fulfill product orders), loose diamond suppliers, jewelers, assemblers, data analysis firms, affiliates, third party consulting or marketing firms, and e-mail service providers. Additionally, if you use a credit card or other financing alternative to place an order with ADI, we will use a third party payment processor to process your information in association with the transaction. We may also may share information with other companies and organizations for credit fraud protection and risk reduction. These third parties only receive your information if such information is needed to perform their function(s), and they are not authorized to use such information for any other purpose(s) other than the purpose(s) set forth by ADI. We only provide third-parties with the minimum amount of information necessary to complete the requested service, product or transaction. Notwithstanding the above, we may permit our Service Providers to use aggregate information which does not identify you or de-identified data for other purposes.
Affiliates: We may share your information with our related entities including our parent and sister companies. For example, we may share your information with our affiliates for customer support, marketing, and technical operations.
Business Partners: We may share your information with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we may share information about you with a business partner for purposes of providing you with co-branded products or services that we may offer.
Special Events: If you choose to participate in a special event (for example, a Promotion), ADI may share your information with those organizations participating in the applicable event. Typically, these third parties do not use your information for any other purpose other than to manage the event. In some cases these third-party partners may send you promotional materials regarding their products and services. In these cases, you will be given the opportunity to opt-out, and not have your information shared with that third-party partner. By entering a Promotion, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Feedback and Testimonials. If you provide feedback or testimonials on the Service or on ADI products or services, we may post this feedback or testimonial, including your information, on the Service or in marketing and promotional materials. We may, by our sole discretion, edit feedback or testimonials for length and content. California residents and data subjects in Europe have additional rights as set forth in “Your Rights and Choices” below.
Third Parties. We may share your information with third parties for purposes of facilitating your requests (such as when you choose to share information with a social network about your activities on the Service) and in connection with tailoring advertisements, measuring and improving our Service and advertising effectiveness, and enabling other enhancements.
Business Transfer. Your information may be disclosed as part of, or in connection with, any merger, sale of company assets, or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which information would be transferred as one of the business assets of ADI.
Security, Compliance with Law, and Fraud Protection. We may disclose your information as we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We also may share your information in order to investigate, prevent or take action regarding illegal activities, including suspected fraud, or as otherwise required by law. We may also share your information to protect the rights, property, life, health, security and safety of us, the Service or any third party.
Consent. We may share your information for any other purpose disclosed to you and with your consent.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.
ADI does not knowingly collect personal information from children under the age of thirteen (13). In the event that ADI ever does so, we will strictly comply with the Children's Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe ADI has collected such information in a manner not permitted by COPPA, please contact us as set forth in the section entitled “Contact Us” below, and we will remove such data to the extent required by COPPA.
THIRD PARTY SERVICES
THIRD PARTY FEATURES
Liking and Sharing. We may embed a pixel or SDK on our Service that allows you to “like” or “share” content on your ADI account through, Third Party Services, including social networks such as Facebook and Twitter. If you choose to engage with such a Third Party Service through our Service, we may collect any information you have authorized the Third Party Service to share with us (such as your user ID, billing information, public profile information, e-mail address, birthday, friends list, and other account and profile data). Likewise, if you choose to engage with such a Third Party Service through our Service or visit our Service while logged in to that Third Party Service on your device, the Third Party Service may receive information about your activities on our Service and be able to associate that information with information the Third Party Service already has about you.
ANALYTICS AND INTEREST-BASED ADVERTISING
Our Service contains Tracking Technologies owned and operated by Third Parties. For example, we use Tracking Technologies from third party analytics provides, such as Google Analytics, to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to Service activity and internet usage. We also work with ad serving services, advertisers, and other third parties to serve advertisements on the Service and/or on Third Party Services. These third parties may use Tracking Technologies on our Service and Third Party Services (including in e-mails and advertisements) to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you on the Service and Third Party Services or third party devices after you have left the Service (“Interest-based Advertising”).
We may serve ads on Third Party Services, such as Facebook and Google, which are targeted to reach people (or similar people) on those services that have visited our Service or that are also identified in one of more of our databases (“Matched Ads”). This is done by matching common factors between our data and the data of Third Party Services. If we use Facebook Custom Audiences to serve Matched Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt-out. We are not responsible for such Third Party Services’ failure to comply with your opt-out instructions.
For further information on Tracking Technologies and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below.
YOUR RIGHTS AND CHOICES
REVIEW AND UPDATE OF ACCOUNT INFORMATION
You may access, update, or remove certain account information that you have voluntarily submitted to us through the Service. If you would like to update or revise information in your account, you may do so through your account or by contacting us as set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents and data subjects in Europe have additional rights as set forth in the sections entitled “Your California Privacy Rights” and “Your European Privacy Rights” below.
TRACKING TECHNOLOGY CHOICES
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit allaboutdnt.com.
Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.
ANALYTICS AND INTEREST-BASED ADVERTISING
You can opt-out of your data being used by Google Analytics through cookies by visiting tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.
Some of the third parties that collect information from or about you on the Service in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit for website opt-out, aboutads.info/choices. In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please visit networkadvertising.org/choices/. If you are in the EU, please also visit the EU online choices page at http://www.youronlinechoices.com/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
To opt-out of receiving e-mail promotions from ADI, please follow the unsubscribe instructions in our promotional e-mail correspondence or contact us as set forth in the section entitled “Contact Us” below. Please note that opting out of promotional communication received from ADI does not affect our non-promotional communications with you, including those related to your account, orders placed with ADI, or our ongoing business relations.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a customer in California, in addition to the rights set forth above, you have the right to request information from ADI regarding the manner in which ADI shares certain categories of personal information as defined by California’s “Shine the Light” with third parties and/or affiliates for their own direct marketing purposes. To receive this information, send us a request at the address set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that ADI may provide this information in a standardized format that is not specific to you and is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Any California residents under the age of eighteen (18) who have registered to use the Service and posted content or information on the Service, can request that such information be removed from the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
YOUR EUROPEAN PRIVACY RIGHTS
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Despite the measures we take, transmission via the Internet is not completely secure and we cannot guarantee the security of your information.
By email: firstname.lastname@example.org
By mail: Ada Diamonds, Inc., 170 Grant Ave STE 600, San Francisco, CA, 94108