Terms of Condition

Welcome to Mydiamondart.com (“Mydiamondart”, “site”, “we”) website. We provide goods and services with the terms and conditions as set out below. By creating an account, accessing, browsing, and, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully before you proceed.

Section 1A – Online Store Terms

You may not use our product for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature.

Section 2B – Non-reselling of Service or Products

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contacts on the website through which the Service is provided, without express written permission by Mydiamondart.

You agree not to reproduce, duplicate, copy, sell, resell any of the kits sold on this site without express written permission by Mydiamondart.

Section 2C – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

Section 3A – Privacy and Security

Mydiamondart will never sell personal information such as emails and phone numbers to a third party. Mydiamondart will send purchase notifications by email and text to protect you from fraudulent purchases, and from time to time send new merchandise alerts or sale alerts by email and/or text, and if you agree, browser notifications.

Mydiamondart’s website uses the latest internet standards to include SSL security. No credit card information is stored on any of our databases to reduce the risk of data compromise.

Section 3B – Cookie Policy

Mydiamondart uses cookies to keep track of your username and basic settings in order to increase user experience and convenience. Mydiamondart stores a device identification cookie that is only accessible while on Mydiamondart to help prevent fraudulent purchases. No other tracking information is stored in cookie files nor any “super cookies” are used.

Section 3C – Device Fingerprinting

We do record IP addresses and other device identification data in order to build a profile for all site visitors to help reduce fraud and protect intellectual property. We do not use any of this data for off-site marketing or sell to any third parties.

Section 4A – Shipping

We ship most packages in one business day, weekend and holidays excluded. If purchase is during off-business hours, your shipment will be mailed by the next business day. Standard business days are Monday – Friday, 8am – 6pm.

Examples:

Purchased Monday at 3pm – your package will be mailed by Tuesday 5pm.

Purchased Saturday at 12pm – your package will be mailed by Monday 5pm.

Purchased Tuesday at 7pm – your package will me mailed by Thursday 5pm.

Section 4B – 24-hour Exception

Certain larger sized kits may take two business days to ship. These exceptions are clearly marked in the cart and purchase page. However, every effort is made to ship all kits within one business day. Custom kits take longer because the custom image must first be processed and approved by the buyer.

Section 4C – An American Company

All kits are printed, packaged, and shipped from the United States of America.

Section 4D – Providers and Extra shipping fees

We use USPS/FedEx in the US and DHL internationally. Depending on your country, you may owe duties, taxes, or import fees in addition to our shipping rates, which only cover the transit cost of the products.

Section 5A – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors without our expressed permission. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address.

Section 5B – Closed accounts

Not maintaining accurate contact information as agreed to may cause your account to be closed. The determination of closing or suspending accounts is of the sole discretion of Mydiamondart. If an account, for any reason, is closed or suspended, any outstanding diamond points associated with that account will become permanently invalid.

Section 5C – Diamond Points

Diamond Points are awarded based on dollar amount purchased, and various rewards and promotional marketing programs ran by Mydiamondart.

We reserve the right to change how many diamond points are awarded for any marketing program as well as the value of each diamond point without prior notifications.

Every dollar spent at mydiamondart.com earns 1:1 ration diamond point. Thus, a purchase for $19.99 earns 20 diamond points – dollar amount will be rounded. Shipping costs are not factored in the calculation of diamond points. Currently, diamond points are redeemed at $0.005, or 200 for one dollar; however, diamond points have no financial value and can not be redeemed for actual money.

The minimum amount of diamond points that can be redeemed is 200 diamond points and must be in intervals of 200 thereafter. Diamond points can be used for Diamond Art Kits and accessories. For Diamond Art Kits, up to 40% of the value of the Diamond Art Kit may be purchased with diamond points. For example, if a kit cost $59.99 then the buyer can use up to 4800 diamond points for a savings of $24 bringing the cost for the kit to $35.99. For accessories, up to 10% of the value of the accessory may be purchased with diamond points. For example, if the accessory cost $59.99 then the buyer can use up to 1200 diamond points for a savings of $6 bringing the cost for the accessory to $53.99.

Diamond points may be used for items currently on sale, but the combined sale percentage must not exceed the maximums established in the previous paragraph. Mydiamondart reserve the right to restrict any item or service from the diamond point program, as well as to cancel the program at any time without prior notice or compensation.

Section 5D – Return Policy

Mydiamondart has a 30-day money back guarantee return policy (minus shipping) If the product is defective, or has not been used or damaged in any way. Mydiamondart strives for 100% customer satisfaction and will attempt to resolve any issue.

Unless package was never received by the customer (All deliveries have tracking), all damaged products must be returned to Mydiamondart in order to receive a refund.

Section 6A – Product and Service information

You must be at least the age of majority in your state or province of residence or have parental permission, to make purchases on website. You must reach at least the age of majority in your state or province of residence to participate in any of our services, except Partnerships.

For Partnerships, you must be at least the age of majority in your state or province of residence, or have parental permission, to participate. You agree to use any of Mydiamondart services in a manner consistent with all applicable laws and regulations.

Section 6B – Subscription, Partnerships, and Retailers (“Services”)

All participants in any of the services shall fully indemnify, hold harmless and defend Mydiamondart and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission of Mydiamondart. This includes any misleading information submitted by the artist to include false statements of ownership of copyrights or trademarks.

Section 6C – Subscriptions

A subscription allows the user to purchase, at a discounted rate, 12 diamond art kits that are mailed individually to the customer monthly.

Cancelation of the subscription must be 30 days in advance in writing. The customer will be refunded at the prorated amount. The prorated amount will be the full current cost of a kit times the amount of kits mailed minus the cost of the subscription. If the amount remaining is less then the amount needed to cancel the order, half of the amount remaining will be refunded to the customer and no additional kits will be mailed

Section 6D – Partnerships

A partnership is a program where Mydiamondart give artists a commission for their original works that we use and sell in our diamond art kits. Currently, we pay 10% for any kits we sell that utilizes an original artist’s work. A work can be a painting, digital art, or photograph.

Any artist participating in this program must have the rights to the original art they submit to Mydiamondart. Artists agree it is their sole responsibility to determine if they have the rights to license the artwork submitted to Mydiamondart.

Section 6E – Partnership Pay Cycle

All commissions are paid during the first week of every month. An account must reach $100 dollars in commission sales by the first of that month before a payment will be issued. All accounts are paid quarterly irrespective of the amount of commission made.

Section 6F – Retailer

The retailer program sells Mydiamondart merchandise to retailers at wholesale prices. Retailers must have a selling permit and can legally sell merchandise in the state they reside. Retailers can sell any of our merchandise at any price they wish, however, retailers are not allowed to sell Mydiamondart merchandise under a different name.

Section 7 – Errors, Inaccuracies and Omissions

Mydiamondart attempts to be as accurate as possible, however, Mydiamondart does not warrant that product descriptions, pricing, promotions, offers, services, product shipping charges, transit times and website content is accurate, free of errors, complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website, products, or services on any related website is inaccurate at any time without prior notice including after you have submitted your order.

Section 8 – Disclaimer of Warranty, Limitation of Liability

As outlined in section 5D, Mydiamondart offers a 30-day money back guarantee. For retailers, the 30-day return policy goes into effect after their final sale. If their customer returns the product within 30 days of their receipt purchase date, the retailer may return the product within 30 days thereafter for a refund. Retailer’s return policy for Mydiamondart products must mirror section 5D of this agreement in order to receive a full refund.

In no case shall Mydiamondart, Le Ramois, our directors, employees, agents, contractors, interns, suppliers, service providers, licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products or services, or for any other claim related in any way to your use of any of our products or services, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, delivered, or otherwise made available, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 9 – Disputes

Any dispute relating to any activity on Mydiamondart or the purchase of any mydiamondart.com products shall be submitted to confidential arbitration in the state of California, Riverside county, unless you have in some way threatened or violated Mydiamondart’s intellectual property rights, whereby Mydiamondart may seek an injunctive relief.

Section 10 – User Generated Content

By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, comments, or reviews) to Mydiamondart website, Mydiamondart’s social media channels, and pages dedicated to Mydiamondart in discussion forums, you grant Mydiamondart a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Mydiamondart.

Section 11 – Third Party Links and Tools

Certain content, products, and services available via our website may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Mydiamondart. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services from third parties.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising form or relating to your use of optional third-party tools.

Section 12 – Entire Agreement

This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Section 13 – Severability

In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.