By using the Site, you agree to be bound by our Terms and Conditions, and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.
We may revise these Terms and Conditions from time to time and without notice. The revised Terms and Conditions will take effect as of the date of posting. You are bound by any such revisions and, therefore, you should visit this page periodically to review the current Terms and Conditions. For your convenience, the date of the last update to the Terms and Conditions appears at the bottom of this document.
Ownership of Content and Trademarks
Our Site provides information about our company and the products and services we offer. The Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the "Content") is owned and copyrighted by us or licensed to us by third parties. The trademarks of others that are referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without our prior written permission.
Limited Right to Use This Site
You may access the Content solely for your noncommercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Content. No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
Except as set forth above, you may not sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without OMI Jewelry’s prior written permission. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the internet or any other local or international computer system.
"To a limited extent you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit an infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company."
You are prohibited from using the Site to advertise or perform any commercial solicitation.
If you violate any of these terms, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content.
Some products that we sell may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings.
Product Pricing for on-line purchases from this Site
Our prices are subject to change without notice. We may sometimes negotiate prices on products we offer through the Site. We use our best efforts to ensure that the information on the Site and the price of our products are displayed accurately. However, some system or typographical errors may occur. We reserve the right to correct any and all errors on our website, including pricing errors. We do not honor inaccurate or erroneous prices. If you have any questions, please contact us at or email@example.com. We apologize for any inconvenience this may cause.
All items listed on our website are subject to availability. With the high volume of orders we receive and the items we carry, at times, an item may be sold before we are able to update our site. If an item is out of stock, a sales consultant will personally and promptly contact you to help you search for a comparable item.
Management makes every attempt to ensure that our expansive online catalog is as accurate and complete as possible. In the event an item is listed with an inaccurate description or incorrect price due to data-entry or system error, we reserve the right to correct any and all errors and cancel any orders placed for the item listed at the incorrect price or with the inaccurate description. Due to pricing fluctuations in the diamond market, our prices are subject to change without notice.
Product information & Images
Management has attempted to accurately depict the products offered on the site. However, because the depiction of a product is dependent on your computer monitor, we cannot guarantee that such depiction will be accurate. Products may appear larger or smaller than their actual size and colors will vary depending on your monitor. Some photographs have been enlarged to show detail. In accordance with industry standards and ftc regulations, total carat weight may vary +/- 0.05 carats from the stated weight.
Every item offered on our website automatically comes with a 60 day protection warranty. This protects you from day-to-day mishaps or any issues you may experience with a particular piece. For instance if a diamond falls out of your item you may send it back for it to be repaired (free of charge) within a 60 day period. Of course, if the piece has experienced any severe damage or was used for anything other than its intended purpose (to be worn) then there may be a cost involved in getting the item repaired or replaced.
Our goal is to provide you with a quality piece of jewelry that will stay with you for as long as you decide to keep your item. Even after your 60 day period has expired, we will always stand by our products and provide you repair or warranty related services at a small fee.
*Some new items such as watches will come with longer or extended factory warranties
Disclaimer of Warranties
THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS-IS," "WHERE-IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELESSNESS. NOTWITHSTANDING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER POSSIBLE HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER OMI JEWELRY NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA. YOU AGREE THAT NONE OF THE OMI JEWELRY GROUP SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), AND STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Third Party Content
This Site may offer you links to other web sites that are owned or operated by third parties that are not related to us. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control, and are not responsible for, the content or privacy practices of such sites. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.
We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you. You agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions shall survive any such termination.
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.
OMI Jewelry’s Policy On Unsolicited Idea Submissions
OMI Jewelry or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, new product names, new promotions, new or improved products or technologies, product designs, enhancements, processes or materials. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to OMI Jewelry or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when OMI Jewelry products, designs, advertising or marketing strategies might seem similar to ideas submitted to OMI Jewelry. OMI Jewelry depends on its employees and consultants for ideas involving new designs, products and improvements to existing products, advertising, promotion and marketing strategies. These employees and consultants have firmly-established legal relationships with OMI Jewelry. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter, email or call says, the following terms shall apply to your submissions.
Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of OMI Jewelry, without any compensation to you; (2) OMI Jewelry may use, modify or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for OMI Jewelry to review the submission; and (4) there is no obligation to keep any submissions confidential.
We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You agree that the state and federal courts of the State of New York shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site, these Terms and Conditions, or any purchase from this Site and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.
Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.