Terms and Conditions of Service

Introduction & Scope.

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website www.diago.store (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

The Site and the provided products and services are delivered by the DIAGO AB team (hereinafter referred to as “DIAGO”).  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, DIAGO and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

All terms hereon refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our users in the most appropriate manner, whether by formal communication of a fixed duration, or any other means, for the express purpose of meeting of our customer’s needs in respect of provision of DIAGO’s products and services.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Henceforth, by accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.  The materials contained in this Site are protected by applicable copyright and trademark law.

Services Offered.

DIAGO is an online marketplace where users can purchase quality products that include, but are not limited to, conflict free diamonds grown on laboratories that have passed our stringent quality and industrial requirements; engagement rings and other jewelry forged from independently sourced electronic scrap merchants and other recyclable metals, and more; either directly from us or sourced from our first party, selected providers.

Our offer of products allows our team to be in contact with our customers, allowing them to select, plan, budget, execute and source unique pieces of jewelry that will remain with them forever, fully knowing that they contribute to the well being of their closest ones, the environment, the planet and social regeneration.  All of our gold is 100% recycled, and for every sold wedding ring we will plant 5 trees to compensate for the climate.

Accordingly, DIAGO agrees to furnish its online e-commerce services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.

Subject to the terms and conditions of these Terms, and solely in order to use the Services, you are hereby granted a non-exclusive, limited, revocable, non-transferable authorization to use the Services, only as permitted by the features thereof and by these Terms.  DIAGO hereby reserves all rights not expressly granted herein in the Service.  DIAGO may terminate this authorization at any time and for any reason.

Please remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us.  Therefore if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Updates & Amendments.

DIAGO reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed in the Site, and we may notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Payment Processing Terms.

We use payment platforms provided by globally accepted third-party payment processors.  Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  DIAGO is not responsible for any and all errors, fees and currency conversions fees by such payment processors, which include, but are not limited to, PayPal, Stripe and Klarna.

Such third party payment transaction processors have enacted their own terms of use, user agreements and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data.  Your purchase transaction data will only be stored only as long as it results necessary to complete your transaction with us.  After such order or transaction is complete, your purchase transaction information will be deleted.

Purchase Terms.

There may be occasions where a product that is listed on the Service has been incorrectly listed (e.g. typographical error, hand error or system error).  In such case, DIAGO hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed.  If your payment processing method has already been charged, DIAGO will cancel your order and issue a refund or credit to your payment processing account in the amount of the incorrect price.

The receipt of the order is recorded and confirmed by the Site, with the sending of an e-mail to the e-mail address communicated by the customer during registration.  Please keep the email until you receive the purchased product(s).

DIAGO will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, DIAGO cannot fully guarantee such information.  Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of DIAGO.

While products offered on-line via our Site will usually be priced based upon the merchandise prices indicated by our sellers, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.

Please be advised that the color of actual products may or will vary to the one displayed on your monitor.  We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will any color accurately.

DIAGO does not make any representation or warranty regarding subjective elements of the products offered via the Site (e.g. this gold does not looks as shiny as the old weeding ring of my mother).

Curry Pepper does not make any representation or warranty regarding the texture or color of the items, the way in which they will fit your hand, finger, body size and/or type, nor for the craftsmanship, merit and other artistic characteristics of the products offered via the Site.

Shipping Policy.

All of our rings are made in Sweden and we ship the rings worldwide through DHL On demand delivery service.  Upon placing an order, payment must be received by DIAGO prior order processing and shipping.  Once payment clears, we will proceed to shipping.  It is made note that all items are subject to availability, and DIAGO will inform you if the selected products are out of stock.

Before placing a final order for your items, you will be able to review the amount and type of shipping and handling fees for your order.  All dates displayed are estimated, since DIAGO uses third party couriers to ship products, but it will use its commercially reasonable efforts to ship products within a reasonable timeframe after receipt of completed order, as well as to keep you updated via parcel tracking technology.

Shipping fees are determined by numerous factors, such as dimensions, delivery address and type of shipping.  We have a handy calculator that will show you estimated costs and timelines for delivery.  If you want to purchase multiple items, you can preview the costs in the site, and you can also add one or more items into one or more orders in your shopping cart.  Please remember to introduce your country and zip code for better results.  This calculator will help you to understand all available shipping options and fees before you make a purchase.

Please take into account that we use third-party services in order to keep you updated of package tracking, and therefore DIAGO will not be responsible for any delays by any third party logistics providers.

Since the items purchased have intrinsic monetary value as well as sentimental value, we do not offer shipping without insurance where the cost of the item is duly indicated to the courier.  This means that, if you order international shipping, you will be responsible for the payment of customs and import fees at the full price of the purchased item.  This is for the safety and convenience of both you and DIAGO.

We usually ship all order items together where possible, and will inform you if your order requires multiple shipments before payment.  For the case of temporary unavailable items that you select to purchase, they will be shipped as they become available.

Depending on your place of residence, DIAGO may collect taxes on orders placed, and you will be able to review them before placing your final order.  Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.

DIAGO may not be able to ship items to certain regions and countries, and therefore we may reject orders with delivery addresses in such countries.  If that becomes the case, we will inform you about the matter.

Refund Policy.

If you have a problem with your order, please contact us as soon as possible.  We offer a thirty (30) day guarantee for defective, mistaken and/or damaged items.  If the product is 100% intact, unused and has no damage or mark uses, then we will honor our 30 day guarantee.  We will not offer 30 days free returns on our wedding rings since they are made for the specific order and not something we have in stock.

We offer free size changes on all of our rings.  Engraved rings cannot be exchanged since they are unique.  Engraved rings which had manufacture defects may be able to be forged and send to you at a special price.

Please keep in mind that you will have to pay for the shipping and insurance on the shipment back to us.  If the refund is approved, we offer 100% refund for returns within 8-12 days from the date we approve the refund. 

Once we receive your item back, our experts will analyze it for verification purposes (chemical and physical analysis).  If by chance you send us a counterfeit item, or an item which was not manufactured or sourced by us, we will not give it back and you will be liable to us for all expenses and costs.  We keep specific documentation on all items sold and designed, thus our engineers are fully qualified and able to determine if items are damaged, mistaken, or if you send us an item of different composition or metal content.

Please include a description of the items in question, including the reason for return, your name, address, account information, payment details, products along with images of the shipping package, the product and any defects or shipping damages.  Since some of our products are provided by third parties, there may be some delays in processing your return and refunds, and we will contact the appropriate supplier in order to help your case.

User Support.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated in our contact web page.  We will undertake our commercially reasonable efforts in order to answer as quickly as possible.  You must provide us full details of your service query so that we can clearly identify your issue of concern.

Parental Notice.

DIAGO encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.  DIAGO does not knowingly provide its Services to persons under the age of eighteen (18).  If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian.  Users are prohibited from providing DIAGO with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.

DIAGO does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.  For more information, please read our Policy.

Prohibited Activities.

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:

  • Infringe these Terms, or allow, encourage or facilitate others to do so.
  • Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  • Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  • Republish, sell, rent or sub-license content or materials from the Site without our authorization.
  • Reproduce, duplicate or copy material from the Site without our authorization.

No Spam

We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service.  Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication.  Our communications will include measures in order for you to stop receiving them, usually through an unsubscribe link.  Please see our Policy for more information.

Term, Termination.

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) DIAGO begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) DIAGO’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by DIAGO to you from time to time; or (v) DIAGO’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be tailored to the content the Site, and the nature and extent of such advertising by us is subject to change without prior notice.  Please refer to our Policy for information regarding certain advertisement opt-out.

The Site may allow you to subscribe to or newsletter service, which may be provided by us or through an authorized third party.  Through our newsletter, you may receive information according to your user preferences.  As our user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.

No endorsement

The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and  complete scope.  Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes.  Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect DIAGO’ opinions, nor do DIAGO, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

You acknowledge and agree that DIAGO shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site.  Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

Disclaimer of Warranty.

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind.  DIAGO, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

In no event shall DIAGO, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not DIAGO, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability.

In no event shall DIAGO’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$150.00 (One Hundred and Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification.

You agree and acknowledge to indemnify, hold harmless, and defend DIAGO, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “DIAGO’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such DIAGO’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by DIAGO); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals

Assignment.  These Terms will inure to the benefit of any successors of the parties.  We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of DIAGO’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure.  DIAGO is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond DIAGO' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Entire AgreementThese Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, DIAGO will be irreparably damaged, and therefore you agree that DIAGO shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Language.  These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Newsletters.  The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletters, you may receive information according to your subscriber preferences.  As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Embargo.  You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union, Sweden or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Relationship.  You and DIAGO are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver.  Failure by DIAGO to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Applicable Law, Dispute Resolution.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the City of Gothenburg, Sweden.  You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of Sweden will govern these Terms and any claim, without regard to conflict of law provisions.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

Contact

If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at:

info@diago.se

 

Date of last effective update is 2020-01-14.