The present general conditions of sale and use of the site (referred to below as the "Conditions") apply between:
Daniellamore.com having its registered address at 17 East Falgler Street- Suite 121 - Miami
33131 FL -US (referred to below as, "We", "Our", or "TLVDE, Daniellamore.com"), and Any physical person having reached the age of majority and acting exclusively within the strict framework of his personal needs, who consults the internet site www.daniella-more.com (referred to below as the "Site") and/or makes a purchase from daniella-more.com (referred to below as "You", "Your", the “User" or the '"Internet User").
We request that You read the Contract (as defined below) attentively before using the Site and/or placing any order with daniellamore.com, in as much as this Contract affects Your rights and obligations. The mere fact of using the Site and/or placing any order is taken to show knowledge of and irrevocable agreement with the
Contract by You. If You are not in agreement with any of the present provisions, You are not authorized to use all or any part of the Site and/or to place any order.
Please print a copy of the Contract for Your records.
If You wish to contact us, Our contact details are as follows:
- telephone number: 305 372-9022 from Monday to Friday at 9:00AM to 6PM hours and from 9AM to 4PM on Sunday.
The contact details for the publication director are as follows:
Daniellamore.com -17 East Falgler Street- Suite 121 - Miami 33131 FL -US
The contact details for the host Site are as follows:
Go Daddy – Go Daddy Operating Company, LLC - 14455 N Hayden Rd Suite 219 - Scottsdale, Arizona 85260 - United States - Phone: +1.4805058800
1.2 Scope of Contract
Your use of the Site and/or any purchases made from Daniellamore.com are expressly and exclusively covered by (I) the Conditions, (II) Our Policy on (data protection), and (III) all other terms and conditions published or otherwise referred to from time to time on the Site (in total, the "Contract"). Please note that the Conditions have priority if there is any contradiction, and without express agreement to the contrary, with respect to any other terms and conditions mentioned in section (III) above.
1.3 Modifications to the Contract
The Contract may be at any time revised, updated or be otherwise subject to modification, in whole or in part, though it is specifically stated that when You place an order on the Site, the applicable Conditions are those which are in force on the Site at the date of registration of Your order.
All the diamonds which we supply to you are provided with a diamond certificate drawn up by an independent gemmological laboratory (such as the GIA (Gemmological Institute of America or EGL) describing their individual characteristics, and carrying a unique reference number.
2.1 The prices of our products are shown in $ USD, including all taxes. We invite you at this point to look at the following link (delivery secure delivery free jewelry) for more information concerning possible costs and other handling charges which might apply, and which, if applicable, will be indicated when you place your order. you should contact us (see article 1.1) if you wish to receive delivery outside the United states.
2.2 For any order for delivery to a country other than United states, you are the importer of the product or products ordered. For all products shipped outside the United states, the price will be automatically calculated on the invoice with taxes. Customs duties, other local taxes, import duties or national taxes may be chargeable.
Such duties and amounts are not within Our competence, and do not form part of our liability. They are entirely for your account and responsibility, both with respect to any declarations or for payment to the authorities and/or organisations responsible. We would advise you to make enquiries with the competent authorities in your country.
2.3 An invoice will be issued and will be addressed to you after we have received your order (see article 3.2.3 below).
2.4 All orders must be paid for in dollars.
2.5 Daniella-more.com reserves the right to modify its prices at any time and without prior notification, subject to the conditions of article 1.3 above. The products which have already been ordered at a particular time, will continue to be invoiced on the basis of the price lists which were valid when your order was registered.
2.6 You can pay for your orders:
(I) by means of a bank card (Visa, MasterCard, American Express or Discover): the value of your order will then be debited when your order is ready for shipment
(II) by cheque for any order exceeding 150 (one hundred and fifty) dollars including taxes, and providing that the cheque is issued by a bank domiciled in United States: your cheque must then be made out to daniellamore.com, , and sent with the reference details for your order to daniellamore, 17 East Falgler Street- Suite 121 - Miami 33131 FL –US, the cheque will be submitted for collection on receipt;
(III) by bank transfer: to do this, you should contact our client advisor team in order to obtain details of our bank accounts.
2.7 In case of non-payment of any sum at the date when it becomes due (as shown on the invoice which we will send you, as indicated in article 2.3 above), We will be fully entitled, without prior warning, to charge delay interest at a rate of 1.5 times the then legally applicable rate, and chargeable from the date on which the amount became due, until the complete receipt of the payment.
- that You are at least 18 years of age and possess the necessary legal capacity to place and honour any order, or to be in possession of a parental authorisation permitting you to place and honour any order, and to be in a position to honour it at any time, on our simple request;
- You are a physical person acting within the scope/context of your personal needs (and specifically in the sense that any order which you place must correspond to the normal requirements of an individual).
3.2 Placing an order
3.2.1 Methods of placement
You can choose to place your order:
- directly on the Site; or
- by telephone to Our Diamond & Jewellery Consultants on 305 372-9022, from Monday to Friday from 9am to 6pm hours.
3.2.2 Specific provisions applying to placing an order on the Site
We will only confirm receipt of your order if the following steps have been completed:
1st step: you must enter all the details which are requested, i.e.:
- Your family name and given name;
- Your contact details (telephone and email address);
- Your exact invoice address (for security reasons, We ask that the invoice address is the same as that registered with the organization issuing your bank card, in order to protect you from possible fraudulent use);
- Your exact delivery address (P.O. boxes are not accepted);
- Your method of payment.
2nd step: to confirm your order you must:
- review the details which you have entered, and correct any possible errors;
- tick the box confirming that you have acquainted yourself with the Contract, and accept it without reservations;
- click on "review".
3rd step: after reviewing your order, you must confirm it as a precautionary measure. For this purpose you must:
- review the details of your order, including the total price;
- click on "confirm"y
3.2.3 Receipt of your order
On registering your order (by telephone or on the Site) We will, within a maximum period of 2 (two) working days from the date of registration, confirm receipt of your order and will inform you accordingly. Daniella-more.com will only be committed to the order from the time of dispatch of this confirmation of receipt. Daniella-more.com reserves the right, without any liability on its part, to refuse with proper justification any order regarding any User, particularly if there is any doubt or litigation concerning payment for a previous order.
3.2.4 Changes to your order
Changes made by you:
Until the dispatch for your purchases (concerning which we will inform you – see below), You have the possibility of changing all or part of your order (particularly by adding or cancelling one or more products).
Any change will be processed to produce a new order which will totally cancel the previous order, and which must comply with the procedure described above (order via the Site or by telephone) if it is to be recognised by
Daniella-more.com. This facility for changing the order does not apply to orders for personalised products or products engraved at your request.
Changes on our part in the event of non-availability of the product ordered:
Our offers of products and their prices are valid subject to the availability of such products. If it happens that certain products which you have ordered are no longer available, we undertake to substitute them with products of at least equal or superior quality (as witnessed by the diamond certificate) without changing the price for your order. We will inform you as soon as we become aware of such non-availability, and will inform you, if necessary, of the new delivery period, and will in any event leave you the possibility of proceeding with the cancellation of your order.
Likewise, we reserve the right to cancel totally or in part any order in the case of the default of any of our suppliers, or in case of force majeure. We will inform you of this as soon as we become aware of it, and will proceed with the reimbursement of any amounts which You may already have paid us with respect to the order, or part thereof which has been cancelled.
We will inform you in writing about the dispatch of your items..
At the latest by the time of delivery, We will confirm to you at least the following information:
- Our identity (name, telephone number, registered address), delivery charges, payment methods, methods of delivery or execution (but only if your order was placed by telephone);
- the conditions for and methods of exercising your right of cancellation;
- the address to which you can submit any possible complaints;
- the guarantees from which you will benefit after delivery.
- The expected date of your order shipping and delivery date
3.3.2 Place of delivery
The product will be delivered to the delivery address which you have given to us during the order procedure.
3.3.3 Delivery period
In case delays for manufacture, processing, dispatch and/or routing are required (concerning which We will inform you on receipt of your order), the products ordered will be delivered within a maximum of thirty (30) days from the date of receipt of your order (see section 3.2.3 above).
The delivery will be regarded as having been completed at the date of the first delivery of the products at the indicated delivery address.
3.3.4 Delivery delay
We would request You to refer regularly to the order processing report on the Site (entitled "My orders") or by telephoning Our advisors (article 1.1 above).
We will keep You informed about any delay in dispatch, of which we are aware. In this case:
- if the product has not been dispatched, you can proceed with the cancellation of Your order;
- if the product has already been sent off to you, you can proceed with the cancellation of your order through the procedure indicated in Article 4 below.
If you have ordered a number of products at the same time, and only some of them have been subject to delay,
We can split the despatches. In this case:
- only the products sent will be debited;
- the delivery costs for products sent off late will be free of charge;
- any of the above provisions which relate to the cancellation of an order can only apply to products subject to delay.
3.3.5 Comments on delivery or delivered products
VIt is very important that You check the parcels and products in a delivery. If You have any reservations or comments which would justify the products being returned to Us, You should carry out the procedure indicated in article 4 below.
3.3.6 Ownership - Risks
The transfer of ownership in the products will occur from the time of payment of the price in full. The transfer of risks on the products occurs with the delivery of the products.
4.1 Right of withdrawal
Under application of the provisions of article L. 121-20 of the Consumer Code, You have available a period of seven (7) clear days from receipt of the products to exercise Your right of withdrawal, without providing a reason and without penalty (with the exception of Your bearing the return cost).
In order to do this, You must inform the customer service department of Daniellamore.com in writing or by telephone (see article 1.1 above) of Your decision before returning the products to Us, and then follow the return procedure described on the Site (return procedure).
We will reimburse you at latest thirty (30) days after the date on which your right of withdrawal was exercised.
4.2 Reimbursement if not satisfied
In addition to the right of withdrawal mentioned above, for up to thirty (30) days after delivery, We allow You the possibility of returning to Us any products ordered, with which You are not entirely satisfied, in return for reimbursement, exchange or resizing.
In order to do this, You must without fail inform the customer service department of Daniellamore.com in writing or by telephone (see article 1.1 above), to obtain a special return code concerning Your decision before returning the products to Us, and indicating to us the reason for your return and must follow precisely the return procedure described on the Site (return procedure).
If you return products to us for resizing or exchange, the return costs remain payable by you, and the new dispatch costs will be borne by Daniellamore.com; after receipt of resized or exchange products, You can no longer take advantage of the conditions provided for in articles 4.1 and/or4.2 above;
- If You return products to us for reimbursement, the costs for initial transport and the return costs will be paid for by you; we will reimburse you the price corresponding to the value of the products at latest thirty (30) days after the date at which your returned product was accepted by Daniellamore.com, as indicated in article 4.3 below.
4.3 Conditions for the acceptance of returns
Returns, as provided for in articles 4.1 and 4.2 above, will not be accepted by Daniellamore.com and will not give rise to reimbursement or exchange unless:
(I) the returns procedure described on the Site (return procedure) has been observed;
(II) the products are returned to us in their original packaging, complete (original of certificate applied if applicable, accessories, packaging, including the gift box, jewel case, leaflets...), in perfect condition and accompanied by a copy of the original purchase invoice; hence, any articles which are returned incomplete, spoiled, damaged or soiled will not in any event be taken back; it is pointed out that if, in spite of the absence of a certificate (if it was supplied to you), Daniellamore.com accepts your return, the replacement of the certificate will be invoiced to you at 200 (two hundred) dollars usd excluding taxes which will be deducted from the reimbursement and/or will be invoiced;
(III) Our specialists confirm that the setting and the stone or any other component of the product, are in full conformity with the product that was sent to You, without damage, modification nor intervention of any kind.
Moreover, any products which have at your request been the object of a specific or personalised inscription (specifically where the setting has been engraved, or where the diamond(s) has/have been subjected to laser or other type of inscription except for the certificate number) cannot be reimbursed or exchanged.
4.4 Methods of reimbursement and exchange
All reimbursements will be made, at the discretion of Daniellamore.com, either by crediting your credit card, or by transfer to your bank account or by sending a bank cheque addressed to the name of the client who placed the order and at the invoice addressy
In the event of an exchange, if the new order is for an amount greater than the order which gave rise to the exchange, the User must accompany the exchange request with a payment for the difference. If, on the other hand, the amount for the exchange is less then the amount of the order, the User will receive a reimbursement for the excess amount under the same conditions as those indicated above.
5.1 Guarantee regarding the products
5.1.1 Contractual guarantee
We guarantee that the diamond(s) included in the product which is supplied to you is or are in conformity with the diamond certificate(s) which accompany it.. For jewellery items which do not require a certificate (jewelery from the Collection section, or diamonds with a weight in carats less than 0.30 ct). Moreover, the products are guaranteed against defects for a period of one (1) year dating from their delivery (components and workmanship). We undertake, at our discretion, to reimburse you or provide an exchange for any products which are apparently defective, and which you return to us during this period.
However, this guarantee will only be granted to you if:
(I) all the conditions described in article 4.3 (i) to (iii) are fulfilled;
(II) the defect concerning which you exercise your right does not result from:
- abnormal or improper use;
- normal wear or ageing;
- an accidental occurrence, or more generally, some external cause (such as an intervention on the product by any unauthorised third party).
In addition, the cost for dispatch and return of the products will remain entirely at your responsibility.
5.1.2 Legal guarantees
Independently of the guarantee indicated in article 5.1.1, Daniellamore.com continues to be bound with regard to lack of conformity of the product with the Contract and the law in Florida.
5.2 Guarantee regarding the Site
Without prejudice to the guarantees stated in article 5.1 above, Daniellamore.com does not grant any guarantee regarding the Site and/or the Content (as described in article 7 below). In particular, Daniellamore.com does not grant any guarantee as to the suitability of any of the elements in the Site to any individual usage. Daniellamore.com does not guarantee that the functions contained on the Site or that any Content or other element which appears on it will be available at any given time, not interrupted and without error, or that any possible mistakes or errors will be immediately corrected, or that the Site and its server will at all times be free from viruses or from other components capable of causing damage.
6.1 The products offered are in conformity with the Florida USA legislation in force at the time. The liability of Daniellamore.com cannot be called upon in cases of non-compliance with the law of the country to which the products are delivered. It is your duty to check with the local Authorities concerning the possibilities and methods for importing the products which you intend to order, and to comply with them entirely at your own liability.
Moreover, if you choose to access the site from territories other than United States, you do so under your own initiative and at your own risk. It is your duty to comply with local legislation to the extent that such legislation is applicable.
6.2 The photographs of the products are presented only by way of illustration. Therefore, no liability on the part of Daniellamore.com e can be called upon in the event of differences between the photographs of the products and the products supplied. We invite you to refer to the description of each product in order to acquaint yourself with its precise characteristics. In case of doubt, or if you would like further information, do not hesitate to contact us (see article 1.1 above).
6.3 Except in cases of fraud or gross negligence, and excepting cases of liability due to defective products, the total liability of Daniellamore.com for the whole of reparable damages under the terms of the Contract, which Daniellamore.com may have caused to you within the framework of the Contract, is limited to compensation only for foreseeable direct and material damage which has in fact been experienced by you due to a breach by Daniellamore.com, and such compensation may not in any case exceed the amount of your latest purchase, and even if Daniellamore.com has been warned of the possibility of such damages.
It is pointed out that, within the framework of the Contract, any loss of profits, turnover, data, databases or programmes, loss of savings and all additional costs, as well as all damage to a person’s image and any claims from third parties, are considered to constitute indirect damages, which do not give any right of compensation by Daniellamore.com, even if they were foreseeable.
In particular, Daniellamore.com will not be responsible towards you for any damages caused by (I) Your own acts, omissions or failures; (II) any event of force majeure as defined in jurisprudence issued under Florida Usa jurisdictions; (III) any third party not connected with Daniellamore.come for the execution of the Contract (for example, if problems resulted from the performance, congestion or connection of telecommunications equipment or services, or from the performance of your own computer equipment); or (IV) any other event which neither Daniellamore.com, nor its suppliers could have foreseen or could have prevented, even if Daniellamore.com or its suppliers had taken all reasonable precautions.
In particular, the following will be considered as arising from your own acts, omissions or failures: any damage or loss which you may suffer as a result of the non-suitability or incompatibility of your computer equipment (hardware and/or software) in relation to all or part of the Site and/or the lack of utilisation of all reasonable and necessary connections with respect to all programmes, equipments or communications subject to damage, since it is the duty of Yourself alone to (I) check your computer and/or telecommunications equipment or to have checked that it is suitable and compatible with the site, prior to using it and (II) to install and make use of all reasonable and necessary protection against any programmes, equipment or communications which might be detrimental, and in particular by means of antivirus programmes.
6.4 The site may contain links to other Internet sites. These other sites are not under the control of Daniellamore.com, and you accept that Daniellamore.com is not responsible for the accuracy, respect for intellectual property rights, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply any endorsement by Daniellamore.com, nor any association with its operators. Daniellamore.com cannot ensure that you will be satisfied with any product or service of any kind which you obtain on a third party site which is the subject of a hyperlink from or into the Site, since the channels for other online businesses belong to independent traders and are operated by them. Daniellamore.com does not carry out promotion for any merchandise and has not taken any measures to confirm the accuracy or reliability of any information appearing on these third party sites. We would strongly encourage you to carry out all research which you consider necessary or appropriate before carrying out any kind of electronic transaction with any such third party.
6.5 You accept that any claim or action having its origin in or connected with the use of all or part of the Site or of the Contract, must be formulated and legally set in motion within a period of one (1) year following the earliest of the following dates, subject to the risk of it falling outside the period of limitation: the date on which the claim was formulated for the first time, or the date on which the cause of the claim appeared for the first time.
7.1 The Site and all its elements (including the products), documents and other information which appear on it (the "Content"), whether in visual or sound form, are protected by the Florida USA and international regulations applying to them, as the case may be, for trade marks, regarding manufacture, commerce or services – whether or not they have been registered as such – and trade names or other distinctive signs, copyright, related rights, rights sui generis, rights in designs and models, patents, manufacturing or commercial secrets or other rights of a similar nature belonging to or licensed to Daniellamore.com.
7.2 Your right to make use of the Site and any Content or element appearing on it is subject to fulfilling the Contract and any applicable law or regulation. All use of the Site and of all Content for any purpose other than those authorised by the contract may represent a violation of our rights, or of rights belonging to our licensors:
(I) You may not access any content or any other element of the site and display them except for private and non-commercial use;
(II) The site and all its Content may not be copied, reproduced, modified, republished, downloaded, mailed adapted, transmitted, distributed or used in any manner without prior written authorisation from Daniellamore.com, or without an applicable binding legal authorisation (in this case, You must keep intact any mention of intellectual property rights);
(III) Decompilation, reverse engineering, disassembly or in any other manner the reduction to code used in the whole of the software on the Site to a readable form in order to examine its structure and/or to copy it and/or create other products based (on whole or in part) on this software are prohibited, except in cases of applicable binding legal exceptions;
(IV) You may not use meta tags or other hidden text containing our name, trademark(s) or that of companies which are related to us without our specific prior agreement in writing;
(V) Any user who wishes to place on his website, for his own use, a simple link connecting directly to the homepage of the Site, must necessarily obtain our specific written authorisation in advance; in no event will Our agreement involve any liability for us, for whatever reason, regarding the site or any content;
(VI) Any hypertext link leading to the site via framing or in-line linking techniques is strictly prohibited.
8.1 Users can send us criticisms, comments or other content, as long as such content is not illegal, obscene, improper, threatening, defamatory, in breach of intellectual property rights or prejudicial to third parties, and does not consist of or contain computer viruses, political militancy, commercial propositions, mass mailing, chain letters or any other form of “spam”. You may not use a false email address, usurp the identity of another person or entity, nor lie about the origin of the content. We reserve the right, at our entire discretion to remove or modify any content.
8.2 If You address content to us, and unless you stipulate to the contrary, you grant to us, as well as to any companies related to Us, for the legal duration of any applicable protection, a free and non-exclusive right to reproduce, modify, adapt, publish, translate, distribute, sub-licence and display such content throughout the whole world, on the Site and on all supporting media.
8.3 You declare and you guarantee to us that You are the owner or holder of any necessary rights regarding the content which you send to us. You accept that You will indemnify us in case of legal action, or claims by any third party against us in the event that such action should have as its cause, foundation or origin the content which you have communicated to Us.
Diamonds concerned about the link which may exist between the trade in certain rough diamonds and the financing of armed conflicts. As a responsible company, acting as a good citizen, We wish actively to promote the worldwide measures concerning these "conflict diamonds ". Therefore, We only obtain supplies from recognised and established suppliers, who themselves undertake not to supply any "conflict diamonds ". This criterion is one of the points according to which We select our suppliers. The observance of these principles is covered by the so-called " Kimberley Process". Daniellamore.com supports the Kimberley Process, and will continue to make certain about the reliability of its sources of supply with respect to this process.
10.1 The Contract is subject to Florida Usa law (except for regulations applying with respect to the conflict of laws).
10.2 In case of litigation, only the Florida Usa courts will be competent.
11.1 If any provision of this contract should be declared illegal, null and void or inapplicable for any reason, and it is not possible to substitute it by operation of law with a reasonable provision having a similar effect (an operation which the parties allow with immediate effect to any court of jurisdiction handling the litigation concerned to apply it, to the extent that the applicable law so permits), such provision shall then be considered as being able to be removed from the contract, and will not affect the validity or the applicability of the other provisions to the greatest possible extent within the terms of the applicable law.
11.2 The fact that Daniellamore.com concerned about the link which may exist between the trade in certain rough diamonds and the financing of armed conflicts does not exercise any of its rights conferred upon it by the contract should not be in future interpreted as a renunciation of such rights, nor as an impairment to the exercise of any other right.
11.3 We can transfer (by any means and in any form, and in particular by merger) Our rights and obligations under the contract, without needing to notify you: (I) to any entity which is or will be related to us, or (ii) to any person or entity which will take, directly or indirectly, control of all or of a significant part of our assets or of our capital or of our voting rights or of those of any of our related entities. You cannot transfer (by any means) the contract without having obtained our prior written agreement.
11.4 We can send You any notification provided for in the contract, either in the form of a publication on the Site, or by email or by normal post, express or registered, to your address, which we have available in our systems, at our option. You recognise and accept that any one of these methods of notification, chosen by us, is sufficient for your information.
11.5 Daniellamore.comconcerned about the link which may exist between the trade in certain rough diamonds and the financing of armed conflicts and particularly for the purposes of proof for any act, deed or omission, can take advantage of the programmes, data, files, records, operations and other elements (such as follow-up reports or other statements) of digital or electronic nature, format or medium, which are set up, received or stored directly or indirectly by Daniellamore.com, except through malpractice or obvious error. You undertake not to contest the receivability, the validity or the evidential character of the above-mentioned elements of digital or electronic nature, format or medium.
11.6 Our Site is subject to a security system: We have adopted the SSL encryption process.
11.7 For any order placed via the Site with a value equal to or greater than 120 (one hundred and twenty) euros (including tax), Daniellamore.com will proceed to archive the contract in force at the time of the order, and the order it self and the confirmation of receipt sent out by Daniellamore.com, and such archive will be maintained for a period of ten (10) years dating from the delivery of the products, which are the subject of the order.