Terms & Conditions
The terms and conditions stated apply to the Ruwanpura Gems Website located at www.ruwanpuragems.com, its subsidiaries and affiliates as well as it sites from around the world (collectively dubbed as the "Site") and other websites that incorporate these conditions. In some instances, a particular Ruwanpura Gems 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 CONSENT 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 Ruwanpura Gems Site.
CHANGE OF TERMS
Ruwanpura Gems may, at its sole discretion, revise or add new terms to these Conditions periodically without notice to you. Such revisions and additions shall be deemed effective immediately upon notice that which Ruwanpura Gems may provide by posting the revised Conditions on the Ruwanpura Gems Site. You are responsible for reviewing the Ruwanpura Gems Site for any alterations 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 Ruwanpura Gems 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 cease to use the Site.
CONTENT
The Site inclusive of all content and other materials, constituting, 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 Ruwanpura Gems 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 Ruwanpura Gems Site is owned by or licensed to Ruwanpura Gems. You are authorized to use this material only for individual, non-commercial purposes. You are free to download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Ruwanpura Gems Site should be interpreted as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Ruwanpura Gems Site without the written permission of Ruwanpura Gems or any third party that may own such trademarks or service marks. Ruwanpura Gems will violently enforce its intellectual property rights to the fullest volition of the law.
TRADEMARKS
Ruwanpura Gems, the Ruwanpura Gems logos, and any other product or service name or slogan contained in our Site are trademarks of Ruwanpura Gems and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Ruwanpura Gems or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Ruwanpura Gems" or any other name, trademark or product or service name of Ruwanpura Gems without precedent written permission. All other trademarks, registered trademarks, product names and Ruwanpura Gems names or logos referenced 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 withheld therein; (b) the collection and use of any product listings, pictures or descriptions for commercial intents; (c) the distribution, public performance or public display of any Site content, (d) altering 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 constituted therein, except as explicitly 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 websites in any way which interferes with the typical 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 stated in this document, without the prior written permission of Ruwanpura Gems, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, also including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be understood to confer any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license may be revoked at any time.
INFORMATION ON OUR SITE
Ruwanpura Gems is committed to providing accurate and updated information on our websites, email, chat, and telephone communications. This information, however, is not warranted to be correct, updated, complete or accurate at all times. Moreover, at rare occasions the website may feature inaccurate data, including prices, due to system and typographical errors. We are not bound to inadvertent errors or inaccurately advertised prices, which may both be adjusted by our corporation at any given time. We reserve the right to correct any and all errors when and if they do occur. If an order was to have been listed with a price lower than the intended product pricing, Ruwanpura Gems will take to informing its clients of the issue before shipping the product or cancelling the order itself and notifying the client of the cancellation. Ruwanpura Gems wholeheartedly apologizes upon event, if any, of such occurrences.
Information that we exchange is not a binding contract, and should not be treated as such. The sole solution 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. Please review our Return Policies.
Our corporation 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, the customer will be advised immediately with possible options. Please note that all items are subject to prior sale. We reserve the right to refuse or cancel any orders placed for an item that has been sold or is no longer available. Products may appear on the Ruwanpura Gems website larger or smaller than their actual size. Product photography maybe subject to changes during viewing due to the changes present in different computer settings for color and size. In accordance to 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.
Ruwanpura Gems retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry derivative of such designs.
Ruwanpura Gems' product details and prices are also subject to change notwithstanding prior notice. All of our prices are final and non-negotiable. Additionally, in order to conserve natural resources, and maintain the high quality of our pieces, Ruwanpura Gems does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. If you have any questions regarding our policy, please contact our Customer Service line at +1 (773) 240-0761.
PRICING
The price of all products are quoted in United States currency and is effective only in the United States.
GEMSTONE TREATMENT DISCLOSURE
The treated gemstones are guaranteed to be heated under normal conditions and guidelines of the industry.
YOUR ACCOUNT
When you access or use the Ruwanpura Gems website or your personalized Ruwanpura Gems 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 www.ruwanpuragems.com only under the guidance and direction of a parent or guardian. Please note that Ruwanpura Gems reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
PASSAGE OF TITLE
Title for goods purchased passes from Ruwanpura Gems to the purchaser’s designee at the time that goods are delivered to the designee.
CANCELLATION OF PRODUCTS
We withhold the right to cancel products or services to any customer for any reason at any given time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in relation to the canceled products and/or services.
PRIVACY
For more information on how your web navigation on the site is governed and how Ruwanpura Gems appeases to collect, use and disclose personally identifiable information, please review our Privacy Policy. Ruwanpura Gems reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Ruwanpura Gems’ systems and customers, or to ensure the integrity and operation of Ruwanpura Gems’ business and systems. Ruwanpura Gems may access and disclose any information considered appropriate, including user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Ruwanpura Gems’ right to disclose any such information shall govern over any terms of Ruwanpura Gems’ Privacy Policy.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Ruwanpura Gems reserve the sole discretion to terminate and bar specific website users or Ruwanpura Gems account holders who under appropriate situations are determined to be repeat infringers. Ruwanpura Gems further reserves the right to limit access to this website and/or terminate the account of any users whom Ruwanpura Gems reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
ADVERTISEMENTS AND PROMOTIONS
Advertisements and promotions from third parties may run on our website. As these activities are controlled by third parties themselves, Ruwanpura Gems will not be held liable for any loss, damage or liability incurred by your interaction with third parties. Ruwanpura Gems may run advertisements and promotions from unaffiliated third parties on our website. Any business transactions, in relation to, participation in the promotions of, advertisers other than Ruwanpura Gems and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
FEEDBACK AND SUBMISSIONS
Any feedback, in terms of questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Ruwanpura Gems, should be realized to be public and property to Ruwanpura Gems. We shall be entitled to use your feedback for any purpose, commercial or otherwise, beholding intellectual property rights to said feedback and submissions. You grant Ruwanpura Gems and its sublicenses the right to use the name that you submit in connection with such content, if they choose to do so. You set forth 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 website includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other fields 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 partaking in any Interactive Areas, you consent 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 malicious, disruptive or destructive files; and (h) User Content that, in the sole judgment of Ruwanpura Gems, pertains to be objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Ruwanpura Gems or its users to any harm or liability of any type.
Posting User Content on our website grants Ruwanpura Gems a nonexclusive, royalty-free, perpetual, and irrevocable and fully sub-licensable 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 allow Ruwanpura Gems and sublicense 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 go against these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Ruwanpura Gems 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 Ruwanpura Gems 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 Ruwanpura Gems Interactive Areas is at your own risk. Ruwanpura Gems will not be held liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. We reserve the discretion to remove, screen or edit of any User Content posted or stored on our site at any time for and any reason without notice, with users holding the absolute responsibility to create and store 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 Ruwanpura Gems 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. RUWANPURA GEMS 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, RUWANPURA GEMS 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. RUWANPURA GEMS, DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RUWANPURA GEMS, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE RUWANPURA GEMS 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 RUWANPURA GEMS SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RUWANPURA GEMS, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE RUWANPURA GEMS SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RUWANPURA GEMS’S PROGRAMS OR SERVICES, EVEN IF RUWANPURA GEMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RUWANPURA GEMS'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.
INDEMNIFICATION
You accede to defend, indemnify, and hold harmless Ruwanpura Gems, 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 Ruwanpura Gems Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Ruwanpura Gems 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
Ruwanpura Gems does not constitute sponsorship, endorsement to approval of the content, policies and practices of other linked Internet site and services operated by third parties (including Ruwanpura Gems Vendors. Responsibility will not be assumed by Ruwanpura Gems for third party content, policies and practices, inclusive of technical aspects of the accuracy held in their contents, and privacy policies and practices they undertake.
TERMINATION
Notwithstanding any of these Conditions, Ruwanpura Gems 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.
MISCELLANEOUS
These Conditions assert the entire understanding corresponded between yourself and Ruwanpura Gems with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Ruwanpura Gems with respect to the subject matter hereof. The failure of Ruwanpura Gems at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a renunciation of any such provisions, or in any way to affect the right of Ruwanpura Gems to thereafter enforce each and every provision of these Conditions. No waiver by Ruwanpura Gems 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.
ARBITRATION
These Conditions and your use of this Site shall be dictated 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 or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are renouncing the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) or JAMS in San Francisco County, California, before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
QUESTIONS
If you have any questions, please do not hesitate to contact us at info@ruwanpuragems.com or +1 (773) 240-0761.