Terms and Shipping Policy
Updated: June 19, 2018
These Terms and Conditions apply to The Raw Stone website located at www.therawstone.com and its subsidiaries and affiliates, including The Raw Stone's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Terms and Conditions ("Conditions"). In some instances, a particular The Raw Stone product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Site.
CHANGE OF TERMS
The Raw Stone may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which The Raw Stone may give by any means, including, without limitation, by posting the revised Conditions on the Site. You are responsible for reviewing the Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of The Raw Stone and/or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Site is owned by or licensed to The Raw Stone. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Site without the express written permission of The Raw Stone or any third party that may own such trademarks or service marks. The Raw Stone will aggressively enforce its intellectual property rights to the fullest extent of the law.
The Raw Stone, The Raw Stone logos, and any other product or service name or slogan contained in our Site are trademarks of The Raw Stone and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Raw Stone or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "The Raw Stone" or any other name, trademark or product or service name of The Raw Stone without our prior written permission. All other trademarks, registered trademarks, product names and The Raw Stone names or logos mentioned in our Site are the property of their respective owners.
USE OF THE SITE
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site materials other than as specifically authorized herein, without the prior written permission of The Raw Stone, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
INFORMATION ON OUR SITE
The Raw Stone is committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, product descriptions, including prices, may be inaccurately displayed on our Site due to system and typographical errors that may occur. Inadvertent errors or inaccurate advertised prices are not binding on The Raw Stone, and may be adjusted by The Raw Stone at any time. The Raw Stone reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, The Raw Stone will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. The Raw Stone apologizes for any inconvenience that this may cause. Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices, or as defined in our Return Policy below.
To help ensure you make the right choice in your purchase, we offer a flexible return policy. If for any reason you are not satisfied, you can return any item that is not customized in its original condition and in its original packaging within 7 days of the date the shipment was received for a refund or an exchange. ALL CUSTOMIZED ORDERS ARE PURCHASED “AS IS” AND ARE NON-REFUNDABLE.
COLOR & SIZE VARIANCES
The Raw Stone holds a dynamic and high volume inventory. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products may appear on the The Raw Stone website larger or smaller than their actual size. Also, given the variation in computer monitor settings, color and size of products may vary when viewing product photography. Due to this limitation, images on the site are displayed to show an approximate representation of the products. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
JEWELRY DESIGNS & CUSTOM ORDERS
The Raw Stone retains the full unrestricted rights to all jewelry designs displayed on the Site, whether custom or standard. The Raw Stone may choose to market and/or sell jewelry based on such designs, at its sole discretion. If you design a custom piece of jewelry with us, you agree to grant The Raw Stone full unrestricted rights to all such designs. You acknowledge that under no circumstances will you claim rights, royalties, copyright infringement, and agree not to make any claims of ownership interests whatsoever with regard to the design that you commissioned us to create or purchased from The Raw Stone.
INSURANCE AND DELIVERY
The Raw Stone insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any products delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by The Raw Stone, and transfer of responsibility in the same way. While we always try our best to ship your orders so that they arrive to you as quickly as possible, we can not be held responsible for unforeseen circumstances that are outside of our control, including but not limited to, customs clearance problems, import requirements, inclement weather, courier mistakes, that could significantly delay the delivery of your order.
All products that are sent internationally are automatically set into a pendant or other piece of jewelry. The invoice will reflect this packaging, along with the customs forms. The Raw Stone does not take responsibility for any customs fees, taxes or import duties that are incurred due to import.
When you access or use The Raw Stone website or your personalized The Raw Stone account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use therawstone.com only under the guidance and direction of a parent or guardian. Please note that The Raw Stone reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
When you order a cut diamond, The Raw Stone may ship it to you with the accompanying diamond certificate if available, which is a diamond grading report. These grading reports are detailed documents created by diamond grading experts at diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, The Raw Stone requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of two hundred and fifty dollars ($250.00 USD). For rough diamond orders, and upon request, The Raw Stone can send you a PDF version via email of a certificate of authenticity of the purchased stone.
CANCELLATION OF PRODUCTS
The Raw Stone reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
POLICY ON ETHICAL SOURCING
We only purchase diamonds through the most respected suppliers we can find. Like us, these sources proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. Read more about The Raw Stone’s policy on ethical sourcing and the steps we take to ensure our diamonds are from conflict free sources.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, The Raw Stone has the sole discretion to terminate and bar specific website users or The Raw Stone account holders who under appropriate circumstances are determined to be repeat infringers. The Raw Stone further reserves the right to limit access to this website and/or terminate the account of any users whom The Raw Stone reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
ADVERTISEMENTS AND PROMOTIONS
The Raw Stone may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and The Raw Stone is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than The Raw Stone and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
FEEDBACK AND SUBMISSIONS
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, The Raw Stone, or The Raw Stone products or services that are provided by you to The Raw Stone in any form are not confidential and upon submission, shall become the sole property of The Raw Stone. The Raw Stone shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant The Raw Stone and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
PRODUCT REVIEWS AND USER CONTENT
The Raw Stone’s website includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of The Raw Stone, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose The Raw Stone or its users to any harm or liability of any type.
If you post User Content to our website, you grant The Raw Stone a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant The Raw Stone and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
The Raw Stone disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall The Raw Stone be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of The Raw Stone Interactive Areas is at your own risk. The Raw Stone is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, The Raw Stone reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the The Raw Stone website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
DISCLAIMER OF WARRANTIES
THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE "PRODUCTS") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE RAW STONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, THE RAW STONE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. THE RAW STONE, DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNCATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE RAW STONE, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE RAW STONE PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE RAW STONE, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF the SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE RAW STONE’S PROGRAMS OR SERVICES, EVEN IF THE RAW STONE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE RAW STONE'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties
You agree to defend, indemnify, and hold harmless The Raw Stone, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against The Raw Stone and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
LINKS TO OTHER SITES AND SERVICES
Links to other Internet sites and services operated by third parties, including The Raw Stone vendors, do not constitute sponsorship, endorsement, or approval by The Raw Stone of the content, policies, or practices of such linked sites or services. The Raw Stone is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Notwithstanding any of these Conditions, The Raw Stone reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
These Conditions contain the entire understanding of you and The Raw Stone with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and The Raw Stone with respect to the subject matter hereof. The failure of The Raw Stone at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of The Raw Stone to thereafter enforce each and every provision of these Conditions. No waiver by The Raw Stone of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
You and The Raw Stone are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of any content you created, custom jewelry designs, custom orders, drawings or sketches will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and The Raw Stone. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in these Terms and Conditions. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms and Conditions.
APPLICABLE LAW AND VENUE
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Conditions shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Conditions.
If you have any questions, please do not hesitate to contact us at email@example.com.