These terms and conditions apply to the RCDC Web site located at www.radiantcut.com (the “Site”). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the Site, and constitute an agreement between you and RCDC Corp (“RCDC”). RCDC reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
If you're interested in an item that is currently unavailable on our Site, call us and we can try to obtain the item for you. Sometimes an item displayed on the Site may be sold before we are able to update the Site. If this happens, we will contact you directly to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.
When you order a loose diamond, we ship it to you with the accompanying GIA diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at the GIA - making it very expensive to replace a diamond grading report. Because of this, we require 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 $250.
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
Information on our Site
At RCDC, we make every attempt to ensure that all information on our Site is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, the images and videos provided are larger than the actual size of our products; and since every computer monitor is set differently, color and size may vary. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, RCDC states that carat total weight on all jewelry purchases may vary 0.05 carats from stated weight. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as an average.
Policy on Ethical Sourcing
At RCDC, we only purchase diamonds that adhere to 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.
RCDC wants you to know that your privacy is important to us. Part of our commitment to you is to respect and protect the privacy of any personal information you provide to us. The information below is designed to inform you of what information we collect, why we collect such information, and how we use the information we collect.
Collection of Information
Information You Provide. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us. This includes personal information provided to us through any means, including, without limitation, through our Site, via e-mail, over the telephone, and through a social media service (for example Facebook, Twitter, Pinterest). You can choose not to provide certain information, but then you might not be able to purchase products or take advantage of many of our promotions, features or Services. In this policy, “personal information” means any information by which you may be identified or contacted, including, but not limited to, a first and last name, phone number, physical address or email address. In addition, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, and credit card information.
Information We Collect Through Cookies and Other Technologies. A cookie is a small file that resides on your computer, mobile phone, or other device, and allows us or our business partners to recognize your device when you return to our Service and record information about your usage of our Services.
- Essential Operational: Cookies are necessary to allow us to operate our Services. For example, they are required to help you access secure areas (such as your account pages) and to use features like our shopping basket.
- Performance and Functionality: Cookies help us enhance the performance and functionality of our Services. For example, cookies help us identify you or your device when you come back to our Service so that you do not have to login to see your shopping basket.
- Analytics and Customization: We use analytics and customization cookies, including third party cookies, to gather information on how our Services are being used by our visitors and to measure how popular our marketing campaigns are. We use the data we get to help customize our Services for you and make the content you see as relevant as possible. We also use the date we collect to help identify and prevent fraud, and to track visits from our affiliates or partners.
- Targeting/advertising: Cookies help us to regulate the advertisements you receive, provide you with tailored offers, and measure their effectiveness.
- Social networking cookies: Cookies allow visitors to share our pages and content through third-party social networking websites.
Use of Your Personal Information
We may use the information we collect about you to:
- Facilitate your purchases and provide the services you request,
- Confirm and track your order,
- Respond to your comments, inquiries and requests,
- Compare and review your information for errors, omissions and accuracy,
- Prevent and detect fraud or abuse,
- Provide and improve our services and product offerings, and develop new ones,
- Improve marketing and promotional efforts, and overall customer experience,
- Identify your product and service preferences,
- Offer you personalized content, including by providing customized content and advertising,
- Understand our customer demographics, preferences, interests, and behavior,
- Administer and fulfill our contests and other promotions,
- Process or respond to your application for current or future career opportunities,
- Contact you regarding products and services of RCDC or our partners) that we believe may be of interest to you, and
- Other uses with your consent.
We value your comments, feedback, testimonials, etc., which help us improve our services and products. By making such submissions to us, you assign your rights in the submissions.
Information that We May Share with Others
We may share your information, including personal information, as follows:
Service Providers: We may use third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, webhosting, fulfillment, assembly, marketing, mailing, and emailing.
Compliance with Law and Fraud Protection: We may disclose your information: (1) when we believe in good faith that it is necessary to comply with any applicable law, regulation, legal process, or governmental request; (2) in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person; (3) to other companies and organizations for fraud protection and risk reduction; and (4) to enforce any agreement we have with you.
Business Transfer: Your information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which case information would be transferred as one of the business assets of the Company.
Aggregate Information: We may, and we may authorize third parties to, create aggregate records from personal information by excluding information that makes the information personally identifiable. We may use and disclose, and authorize third parties to use and disclose, aggregate information at our discretion.
The Site and all content and other materials, including, without limitation, the RCDC logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of RCDC or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The brand name “The Original Radiant Cut Diamond,” the RCDC logo, and any other product or service name or slogan contained in our Site are trademarks of RCDC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RCDC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "RCDC" “Original Radiant Cut Diamond” or any other name, trademark or product or service name of RCDC without our prior written permission.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and 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 Blue Nile, 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 Terms and 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.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, RCDC has adopted a policy of terminating and barring, in appropriate circumstances and at RCDC’s sole discretion, site users or account holders who are deemed to be repeat infringers. RCDC may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
RCDC may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. RCDC does not monitor or have any control over any Third Party Content or third party Sites. RCDC does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. RCDC does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RCDC, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RCDC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. RCDC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RCDC DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL RCDC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RCDC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLUE NILE'S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, 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 Terms and Conditions shall be filed only in the state and federal courts located in New York County, New York 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 Terms and Conditions.
Modification and Notice
You agree that RCDC may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, RCDC 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.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at firstname.lastname@example.org or 212-382-0386. Terms and Conditions updated on June 30, 2015.