Terms of Use

Welcome to JH Fancy Diamonds (the “Website”), the largest online collection of certified natural colored diamonds. The Website is owned and operated by J. Herskovits & Co. (the “Company”, “We”, “Our”, or “Us”). Please read carefully the following terms and conditions (the “Terms”, or “Terms of Use”), because they constitute a binding agreement between you and the Company. If you do not agree with these Terms, you may not use The Website and the Services.

Please feel free to submit any question that you may have regarding the Terms toinfo@jhdiamonds.com.

The Services

J. Herskovits & Co. is a member of the Israel Diamond Exchange and carries its own inventory online in order to conduct diamonds related business and trade. The Website offers you various services, including the online purchase and trade of the Company’s natural colored diamonds, or other certified diamonds, special made jewelry, parcels and more (the “Services”). The Website also contains various information regarding our products, updates on orders status, catalogues, authenticity, shipping and general diamond related news and information.

Acceptable use of The Website

The following Terms define the acceptable use of The Website and Our services. While using The Website you agree to refrain from willfully, or carelessly –

  • Interfering with or disrupting the functionality of The Website and the Services;
  • Using robots, crawlers and similar applications to collect and compile content from The Website;
  • Disobey or breach these Terms or any other applicable instructions conveyed by The Company and its officers;
  • Displaying The Website or any part thereof in an exposed or concealed frame;
  • Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting or processing personal information of The Website users without their explicit consent;
  • Linking to certain elements on The Website independently from the web pages on which they originally appear.
  • Upload, post, email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks;

Registration and Eligibility

The Website serves all Internet users. However, to subscribe to the Services, you must submit a registration form on behalf of the person or entity wishing to subscribe. You must submit only true, accurate and complete details. False or incorrect details may prevent your registration and impair our ability to provide you with services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will be unable to register with The Website. By submitting a registration form, you warrant and declare that you are 18 years of age or over and that you are authorized to bind the subscriber with your approval of the Terms.
You will act expeditiously to update the information furnished in the registration form as it changes from time to time. If we find that any information that you provided is inaccurate, incomplete, untrue or not current, then we may terminate your right to access the Service immediately without notice. The Company may reject an application at its absolute discretion and for any reason without having to specify its reason for doing so.
We may deny, or cancel any individual subscription, for any reason, at any time and in our sole discretion. We may notify you that we canceled your subscription by sending you a message to the e-mail address that you provided during the registration process. The cancellation shall come into effect on the date stated in the message. Such notification may come into effect immediately.

Username and Password

During the registration process to the Service, you will be asked to select a username and a password. You are responsible for maintaining the username and password in confidence. You shall be responsible for all transactions that will take place while using your username and password, whether such transactions were authorized or unauthorized by you. You agree to immediately notify us in writing or by electronic mail of any unauthorized use of your username and password. We encourage you to change your password at least once in every three months, for security reasons.  We may establish and require from time to time additional or different means of identification for logging in and accessing certain services.

Fees and Payments

Subject to these terms and upon payment of the required product price, we will deliver to you the products that you purchased on the Website. In consideration of the Service, you undertake and agree to pay the Company the applicable fees, as published on The Website. Additional information is found in our payment-options, authenticity and shipping policies, which are incorporated by reference to these Terms of Use. We advise you to read these policies periodically and at least prior to placing any order, as they may be modified, or updated from time to time.
All fees payable hereunder are non-refundable even if your use of the Service is suspended or cancelled. Late payments will bare a monthly interest of 1% (one percent), without derogating from any other rights The Company under the law.
We may require you to pay fees to use certain services (“fee-based services”). The rates and payment terms shall be posted at the relevant web pages on The Website. We may, at any time and in our sole discretion, transform a free of charge service to a fee-based service, and change any rates and payment terms. Failing to settle your payments for a fee-based service will prevent you from further using the service.

Links to Other Sites

The Website may contain links to content published on other Internet sites. We do not operate, or monitor these websites. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, reliability, validity, or legality.

Privacy

We respect your privacy. Click here to read our current privacy policy. Our privacy policy is incorporated by reference to these Terms of Use. Given that the privacy policy may change from time to time, it is recommended that you read it periodically.

Advertisements

The Website may include paid advertisements. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for the privacy practices of the advertisers, or the content of their websites, information, messages or offers. You are fully accountable for all communications with the advertisers and to all transactions that take place subsequently.

Correction of Errors

We put a great effort in ensuring the reliability of facts and details that we post on The Website. Nevertheless, it is only natural that errors may sometimes occur. If you think that any information, or publication posted on The Website is erroneous, please inform us atinfo@jhdiamonds.com.

Intellectual Property

All rights, title and interest in and to The Website, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned, or licensed to the Company.

You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify and create derivative works of any of the content on The Website, which is subject to intellectual property rights, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in these Terms.

Changes and Availability

We may from time to time change The Website’s layout, design or display, as well as the scope and availability of the content and Services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
The Website’s availability and functionality depend on various factors and elements, such as software, hardware and communication networks of the Company, its contractors and suppliers. The Company does not warrant or guarantee that The Website will operate without disruption, or interruption, or that it will be immune from unauthorized access or error free.

Termination of The Website’s operation

We may at all times, in our sole discretion, discontinue the operation of The Website, or any part thereof, temporarily or permanently. We may not give any notice prior to such discontinuance. At any time, we may block, remove or delete any content from The Website, without maintaining any backup copy.

Changes to these Terms

You must read these Terms periodically, as they may change from time to time. You agree to be bound by any of the changes made in these Terms.

DISCLAIMER OF WARRANTY

THE WEBSITE IS PROVIDED FOR USE AS IS. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY THE COMPANY’S STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTION OF SUCH ERRORS, OR MALFUNCTIONS, OR A FULL, OR PARTIAL REFUND, IN THE COMPANY’S SOLE DISCRETION AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES, OF SUBSCRIPTION FEES, IF CHARGED.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of The Website, or your breach of these Terms, or any other rules or regulations applicable to The Website, or your violation, or infringement of other persons rights.

Governing Law and Jurisdiction

These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.

The competent courts in the City of Tel-Aviv-Jaffa, Israel, shall have sole jurisdiction over any claim in connection with the Website and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept service of process by mail, or by electronic mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you

General

These Terms constitute the entire agreement between you the Company with respect to the use of The Website and supersede any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless consented to explicitly and executed in writing by an authorized representative of the Company.
Failure on the part of the Company to demand performance of any provision in these Terms shall not constitute a waiver of any of the Company’s rights under these Terms.
The United Nations Convention on Contracts for the International Sale of Goods shall not govern this Terms.

Changes in Ownership

We may incorporate The Website as a separate company or transfer ownership of it to a third party, provided that your rights according to these Terms are not infringed by the transfer of ownership. In this case, all your details will be passed on to the corporation receiving the rights in The Website and you hereby give your prior consent thereto.

Interpretation

The section headings in these Terms are included for convenience only and shall take no part in the interpretation, or construing of these Terms.

Severability
If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court, than the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full effect and force.

Survival

The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, shall survive the termination, or expiration of these Terms. Wire Transfer

  • A bank wire is also a convenient way for paying your JHDiamonds.com purchases. Once you place your order JH Fancy Diamonds will give you the account information you will need to provide your bank in order to transfer funds from your bank directly to JH Fancy Diamonds. A bank wire is not instant; please verify with your financial institution for the appropriate time frame for either domestic or international.
  • Once your financial institution has transferred the funds into our account your purchased is processed.
  • Please contact JH Fancy Diamonds for wire transfer instructions.