Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of www.mkdiamonds.com and any related apps. (the "Site"). This Site is owned and operated by Maurice Kraiem & Company DBA “M.K. Diamonds and Jewelry” (herein “M.K. Diamonds” or “Company”. This Site is an ecommerce website specifically for wholesale transactions.

By using this Site, the user (also referred to as “you”, “your”) indicates that you have read and understand these Terms and Conditions.  These Terms and Conditions also incorporate the Privacy Policy by reference.  Certain areas within the Website may be governed by additional terms ("Additional Terms"), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms. You agree to abide by these Terms and Conditions at all times.

At Company’s sole discretion, we may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of MKD and the Site's creators. This includes, but is not limited to images, audio recordings, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

All trademarks, logos, and service marks displayed on the Site, are registered and unregistered trademarks of the Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. All rights are reserved.

Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.  If it is determined that a user was under the age of 18 years old at the time they used this Site, created a user account, started transaction, or otherwise utilized the Site, the user’s account will be immediately terminated without notification to the user, and any pending transactions connected to the user account will be terminated.  Comments, or other forms of expression left on the Site, will be deleted.  M.K. Diamonds reserves the right not to notify the user of such termination.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site including, but not limited to, their name, likeness, or images that may be captured in a photograph, video, or any other type of media;
  • Hack into the account of another user of the Site;
  • Act in any way that could be considered fraudulent;
  • Post any material that may be deemed inappropriate or offensive;
  • Introduce any code or program that interferes with or otherwise disrupts or damages the reasonable operation of the Website and its intended purpose including but not limited to: computer viruses; malicious or technologically harmful code; unauthorized data mining or gathering; and/or monitoring of website’s users; and To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.  Any pending transactions that are in our system will be cancelled and terminated.  M.K. Diamonds further reserves the right not to notify the user of terminations and cancellations.

Wholesale Restrictions

This Site is specifically for wholesale transactions for goods.  By creating an User Account described below, you warrant that you are a business entity with the appropriate registrations, licensing, certifications, and permits in compliance with federal, state, and local laws of the jurisdiction where your business entity is located.  You further represent that you are registered or certified by any applicable credentialing body, if applicable, in the jurisdiction where your business entity is located.  

If you are a retail customer, you are directed to go to a retailer to make your purchase.  If the Company determines you are a retail customer, we will terminate your account and any transactions connected to the account.  Any monetary charges that have been made will be refunded for the equal amount paid.

Accounts
When you create an account on our Site, you agree to the following:

  1. You affirm that you are either 18 years or older and may enter into a legally binding agreement in the jurisdiction where the Site is being used.  You additionally confirm that you have read and understood the Company’s Privacy Policy and RJK, expressly as part of these Terms and agree to all of our policies as a part of these Terms and Conditions.
  2. You are a legal business entity in the jurisdiction where you are located, and are making this transaction based on the “Wholesale Restriction” as discussed above.
  3. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account and will be the sole user of the account.
  4. You expressly agree that the Company may conduct a reasonable background check on you and the business entity for creditworthiness and compliance.

  1. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Website Use Outside of the United States

Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so as your own decision, at your sole risk, and you are expressly responsible for compliance with all applicable laws.

User Contributions
Users may post the following information on our Site:

  • Photos;
  • Videos;
  • Audio recordings of any and all type; and
  • Public comments

 (hereafter jointly “User Contributions”)

All User Contributions in any media, including but not limited to, photos, audio recordings, or videos, posted must be expressly of you and no one else. You hereby represent and warrant that You own or control all rights in and to your User Contributions.  If you post a photo or video that includes other people, it is your specific responsibility to secure the permission of those people to use their name, image, or likeness, prior to posting the photo or video on this Site. By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.  When you post a photo or video on the Site, you affirmatively and expressly agree to grant permission to the Company the irrevocable and unrestricted right to use and/or reproduce the photographs and/or video images taken of me for the purpose of publication, social media usage, promotion, illustration, public relations, advertising, on brand’s dotcom or trade, in any matter or medium. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.  Additionally, you expressly release Maurice Kraiem & Company DBA “M.K. Diamonds and Jewelry”, its owners, officers, employees, agents, and assigns for all claims and liabilities relating to User Contributions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. User Contributions must in all aspects and in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms and Conditions.  Furthermore, you grant permission to use your User Contributions that are provided, with or without your name, for the purpose of advertising, social media and publicity without restriction.

Sale of Goods
These Terms and Conditions govern the sale of Goods available on our Site.  Here, the term “Goods” are defined as various types of jewelry pieces containing precious metals (for example gold), that may also contain semi-precious or precious gemstones (for example diamonds or pearls

Some of the Goods are sold by program tray on a memo with our wholesale clients.  Our wholesale client are required to use the BIG platform to properly record point of sale (“POS”) transactions.  We also provide Goods via direct sales.

Should you provide us with any media, including but not limited to, photos, drawings, video, or audio recordings relating to a custom design, you affirmatively and expressly agree to grant permission to the Company the irrevocable and unrestricted right to use the information as part of creating your custom piece.  You expressly release Maurice Kraiem & Company DBA “M.K. Diamonds and Jewelry”, its owners, officers, employees, agents, and assigns for all claims and liabilities that is connected to this issue.

These Terms and Conditions apply to all the Goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our Goods are as accurate as possible. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.  While, the Company will take great effort to maintain that accuracy of the information about Goods provided on the Site, the Company reserves the right to modify such information as necessary out of abundance of caution for the accuracy of this information.

Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Third Party Goods and Services
Our Site may offer Goods from third party vendors.  While the Company strives to provide the most accurate description and image of such Goods, we are wholly reliant on information provided by the third party vendor.  We do not independently validate such Goods and cannot guarantee the quality or accuracy of Goods made available by third party vendors on our Site.  Should you purchase a good offered by a third party vendor on our site, you expressly agree that any and all controversies will be resolved between you and the third party vendor.

Payments

The forms of payment for purchased Goods that we accept include, but are not limited to, corporate checks, ACH payment, wire transfer.  When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use and affirm that you are the legal owner of the account. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.   Payment terms are net 30 unless otherwise specified in a signed writing between you and the Company.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase Goods from our Site, the Company will make best efforts to deliver the Goods on shipping based on the time of the order and availability of couriers.

Delivery times may vary due to unforeseen circumstances and are subject to the courier service that is used. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the Goods you purchase.

If you purchase Goods from us for delivery to a destination outside the United States your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. Further, if there are specific permits needed for the import of Goods, you are responsible for securing the import permits as required to ensure properly delivery of your shipment.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your Goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Returns
You must get authorization prior to initiating a return.  You must contact the Company by email to obtain a return authorization.  We will confirm whether the specified Good may be returned to us.  Please note that customized pieces, altered items or sale items cannot be returned or exchanged.

Once approved, returns can be made in person at our physical offices at 228 S. Beverly Drive, Beverly Hills, CA 90212.  Otherwise, please contact us at 1-800-624-2634 to obtain proper shipping information and instructions on how to return goods to us.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, EXCEPT FOR WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.  

Third Party Service Providers

As discussed in our Privacy Policy, this website and any M.K. Diamonds related app may utilize third party services for the functionality of the website/app including but not limited to, electronic communications, website tracking, and/or financial transaction management.  Examples of these third parties include, but is not limited to, Google Adwords and Paypal. These third parties operate independently and apart from M.K. Diamonds, and M.K. Diamonds does not otherwise control how these third parties operate or work with your information.  Additionally, no internet transaction can ever be 100% secure. As a result, M.K. Diamonds cannot be held liable or responsible for actions taken by these third party service provider or are of a result of an issue or controversy connected with the third party service provider. You specifically acknowledge that any claims or other causes of action available to you in connection with actions taken by third party service providers or content provided by third party service providers will be brought against the applicable third party provider(s) and not the Company.

When you use this Site or otherwise make purchases from this Site, you expressly agree to our use of third party service providers and hold M.K. Diamonds harmless in the event any controversies which arise because of the fault of a third party service provider.

Limitation of Liability
M.K. Diamonds and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including, without limitation, any legal fees from your use of, or inability to use the Site, any websites or mobile apps linked to it, any content on the website or any services or items obtained through the website or mobile app.

Indemnity
Except where prohibited by law, by using this Site you expressly indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any actions, claims, losses, liabilities, damages, judgments, awards, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of our Site or your violation of these Terms and Conditions.

Waiver

Any waiver by either you or the Company of any provision or condition of the Terms and Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Terms and Conditions, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.  The state and federal courts located in Los Angeles, California are the exclusive venue for resolving any disputes under this agreement. By using the Website and the Services, you expressly consent to the personal jurisdiction of such courts, and waive defenses concerning venue and convenience of forum.

Dispute Resolution
By using the Services, you and the Company (referred here in the singular as “Party” and collectively as the “Parties”) agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation in Los Angeles, California, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration in Los Angeles, California, in accordance with the JAMS Comprehensive Arbitration Rules. Either Party may commence mediation by providing to JAMS and the other Party a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

        Either Party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the case.

        The provisions in this section may be enforced by any Court of competent jurisdiction. ,. Any arbitration award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules.  Parties are responsible for their own attorney’s fees.

Waiver of Class or Other Non-Individualized Relief.

ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California.  All other disputes, claims, or requests for relief shall be arbitrated.

Waiver of Jury Trial.

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by mediation and arbitration under these Terms.  

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Modification and Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. By using this Site, you expressly agree that you have reviewed and abide by the most recent Terms and Conditions.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

info@mkdiamonds.com

228 S Beverly Drive

Beverly Hills, CA 90212

1(800) 624-2634

You can also contact us through the feedback form available on our Site.

EFFECTIVE DATE: 10/07/2023

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