Terms & Conditions

Welcome to HCM Diamonds. The following terms govern our agreement with you when you purchase a product from us either in person or via this website. Throughout the site, the terms “we,” “us”, and “our” refer to HCM Diamonds. Your use of this site constitutes your agreement to these terms.

Accuracy, Completeness and Timeliness of Information

HCM Diamonds is committed to providing current and accurate information on our Site; and communications by email and telephone. While we strive to provide accurate information, we may, inadvertently at times, provide incorrect information.  Any information we provide, including pricing information, quality and availability of products are not binding on HCM Diamonds. HCM Diamonds reserves the right to correct the incorrect information as it becomes aware of such incorrect information.  If an order is placed for an item with the incorrect pricing,  HCM Diamonds, will cancel the order and notify the customer of the incorrect pricing and cancellation of the order or notify the customer of the correct pricing and process the order with changes if the customer agrees upon continuing with the order. HCM Diamonds at its sole discretion and at any time may revise pricing, quality and availability of the products it offers. Any reliance on information on this Site or otherwise provided by HCM Diamonds is at your own risk.

Site Content and Change of Terms

By accessing, viewing or using this Site, including all services, functions and features of this Site, you agree to be bound by, and to act in accordance with, the following terms and conditions. HCM Diamonds reserves the right to modify the content of this Site at any time, but has no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to the site. HCM Diamonds, may, at its sole discretion, edit or add new terms to these Conditions at any time without any notice to you. Any changes will go into effect immediately upon making the revisions on the Site. You are responsible to stay updated with any changes by reviewing the modifications on the Site. Your access and use of the site after any changes to the conditions constitutes as your acceptance of the revised terms.

Product Details and Pricing

We do our best to portray the products on our site to being as close to how they appear in person. However, due to photography techniques and technologies related to displaying images on your computer device through the Site, products may appear different than the actual product, including size, color, clarity and other characteristics. In particular, the product may look smaller or larger when viewed through the website.  Products may be shown larger than actual size to show details, and the products may be shown smaller than actual size to display the entire product. Colors may also look different due to differences in photographic techniques, computer screens and other artifacts. We strive to accurately provide information regarding  the specifications for diamonds, gemstones, gold for  all our products. However, the specification of diamond, gold, gemstones and other products are estimates only and the actual specifications of the  diamond, gold, gemstones and other products may vary.

Our product prices are subject to change without notice, and we will not be liable to you or any third party for any price changes.

Shipping and Return Policy

All purchases made through this site and in person with HCM Diamonds are subject to our Shipping and Return Policy and made part of these Terms and Conditions.

Custom Jewelry Orders

Custom Jewelry Price Quotations remain valid for a period of fifteen (15) days from the quotation date or such alternative period as may be agreed to in writing. Our policy is to give our customers competitive prices without the need to negotiate pricing; We therefore provide no discounts on custom orders.

Since each custom piece is uniquely and specially created, HCM Diamonds requires a non-refundable deposit of 50% of the agreed to price on custom orders once the order is finalized. The remaining 50% is due upon the completion of the order.  Upon completion of the custom piece, HCM Diamonds will inform the customer that the custom piece is completed and request payment of the remaining 50% of the agreed to price. Upon receipt of full payment, HCM Diamonds will deliver/ship the custom order product to the customer.  HCM Diamonds will not deliver the custom order product until full payment has been received.

Custom Orders typically take anywhere from four (4 ) to twelve (12) weeks to complete once the order is finalized and the 50% deposit is received. We will give you a reasonable and approximate time estimate when the order is received. We will keep you informed of the progress of your order, but do not guarantee any estimated timelines as these are our best judgments and some pieces may take longer to complete due to their complexity or labor intensiveness.

Please note that we have a no return policy for our custom orders as well as for sale of loose stones as outlined in our Return Policy and made part of these Terms and Conditions.

HCM Diamonds reserves the right to accept, refuse or cancel any orders (custom or not) placed on our site or in person.

Use of Site Content

The contents of this site, including but not limited to text, graphics, logos, images, audio clips, icons, video, data, downloads, interfaces, code and software and other material (collectively “Content”), is the exclusive property of and owned or licensed by HCM Diamonds, and is protected by copyright, trademark and other applicable laws. All right, title and interest in and to this Site and Content remains with us. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. We hereby authorize you to view, refer to and use the content of this Site subject to these Terms and Conditions  and provided that you may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Except as ordinarily occurs when a Site is downloaded to your computer in the normal course of browsing,  no materials from this site may be reproduced, modified, republished, uploaded, posted, transmitted, reverse engineered, used to create derivative works or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this Site, are registered and unregistered trademarks of HCM Diamonds. The use of any trademark or service mark without our express written consent is strictly prohibited.

Conduct on the Site

If you create an online account with HCM Diamonds, you agree to provide true, accurate, current and complete information. Your username and password are for your personal use only. You are responsible for protecting your password, and accept responsibility for all activities that occur under your account or password. HCM Diamonds reserves the right to refuse or cancel any person’s account on the site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever.

Termination and Order Acceptance/Cancellation

HCM Diamonds reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of the Site. HCM Diamonds reserves the right to accept, refuse or cancel any orders (custom or not) placed on our Site or in person.
Privacy Policy

Your use of this Site is subject to our Privacy Policy which is made a part of these Terms and Conditions here.

Disclaimer of Warranties

YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. HCM DIAMONDS IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. TO THE FULLEST EXTENT OF THE LAW, HCM DIAMONDS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HCM DIAMONDS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE ACCURACY, COMPLETENESS, INTEGRITY, ACCURACY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE. HCM DIAMONDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, AND SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES, TIME BOMBS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HCM DIAMONDS, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “HCM DIAMONDS REPRESENTATIVES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR INFORMATION AVAILABLE ON THIS SITE. HCM DIAMONDS SHALL NOT BE LIABLE EVEN IF HCM DIAMONDS OR A HCM DIAMONDS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE, TIME BOMB, MALICIOUS CODE OR OTHER HARMFUL COMPONENT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY HEREUNDER EXCEED $100.

Termination

We may, in our sole discretion and at any time, discontinue this Site, either in part or in whole, with or without notice. You agree that any termination of your access to this Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.

Prohibited Activities

HCM Diamonds has no obligations or responsibility for postings to this Site or liability arising from the content of any such postings to this Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

You may not use any device, software or routine, including but not limited to any viruses, worms, trojan horses, time bombs, malicious code or other harmful components, intended to damage or interfere with the proper working of this Site or to surreptitiously intercept or expropriate any system, data or personal information from this Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such overload technique(s).

HCM Diamonds will fully cooperate with any law enforcement authorities or court order requesting or directing HCM Diamonds to disclose the identity of anyone violating these Terms and Conditions. HCM Diamonds may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of HCM Diamonds, HCM Diamonds Representatives, HCM Diamonds customers or the public.

Governing Law and Jurisdiction

You recognize that, although the Internet can be accessed from anywhere in the world, this Site is located in the State of California, United States of America, and that when you access this Site, you are doing so in the State of California, United States of America. These Terms and Conditions shall be governed by and construed in accordance with the internal substantive laws of the State of California without giving effect to any principles of conflict of law and the federal laws of the United States of America. Any legal action or proceeding relating to your access to, or use of, our Site shall be instituted in a state court in Alameda County, California or the U.S. District Court for the Northern District of California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Entire Agreement

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and HCM Diamonds with respect to the subject matter and supersede all prior communications and proposals, whether oral or written. For judicial or administrative proceedings relating to the use of this Site, a printed version of these Terms and Conditions shall be admissible. If any part of this agreement is deemed to be unlawful, void or unenforceable, the remaining parts stand as being fully valid, binding and enforceable.

Miscellaneous.

Headings are for reference purposes only. These Terms and Conditions, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Continuing Terms and Conditions

We may amend, modify or supplement these Terms and Conditions at any time. Your continued use of this Site constitutes your acceptance of any such amendment, modification or supplement. Effective and Updated as of November, 2016