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These terms and conditions apply to the Guthries Jewelers Web site located at www.guthriesjewelers.com, and all associated
Web sites linked to www.guthriesjewelers.com by Guthries Jewelers, its subsidiaries and affiliates, including Guthries Jewelers
sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions')
carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
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These Terms and Conditions govern your use of, and any purchase from, the Guthries Jewelers Site, and constitute an agreement
between you and Guthries Jewelers. Guthries Jewelers reserves the right to change or modify any of these Terms and
Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification
will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting
of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should
frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms
and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
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Product Availability and Pricing |
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If you're interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be
back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a
notification on the Site. If this happens, we will contact you directly to discuss possible options.
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Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make
every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur,
and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will,
at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you
of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between
the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience
that this may cause. If you have any questions, please do not hesitate to contact one of our Diamond and Jewelry Consultants
at service@guthriesjewelers.com or 800-xxx xxx xxx.
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WE DO NOT NEGOTIATE PRICES ON OUR PRODUCTS AND ALL OUR PRICES ARE FINAL.
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Diamond Certificates |
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When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate).
These grading reports are detailed documents created by diamond grading experts at one of three highly-respected diamond
laboratories - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading
report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will
be charged a replacement fee of $250.
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Comparison Pricing |
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To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with
the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory
overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our Diamond and Jewelry
Consultants at service@guthriesjewelers.com or 800-xxx xxx, and we would be happy to help you make your choice.
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Information on our Site |
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At Guthries Jewellers, we make every attempt to ensure that our online catalog is as accurate and complete as possible.
In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller
than their actual size in our photographs; and since every computer monitor is set differently, color
and size may vary slightly.
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Our objective is to provide you with as much information and detail about your prospective purchase as possible so
that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations,
Guthries Jewelers states that carat total weight in all purchases may vary 0.05 carats from stated weight.
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On the Site, we provide the measurement of our products based on our manufacturing specifications.
Slight tolerances may be accounted for based on finishing during the manufacturing.
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For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. Unless otherwise stated all
gemstones are treated to enhance their color.
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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.
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Policy on Ethical Sourcing |
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At Guthries Jewelers, we only purchase diamonds through the largest and most respected suppliers who,
like us, proudly adhere to and enforce the standards established by the Kimberley Process, an
international system that polices the trade of diamonds to ensure they are from sources free of conflict.
Read more about Guthries Jewelers’s policy on ethical sourcing and the steps we take to ensure
our diamonds are from conflict free sources.
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Privacy Policy |
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Please refer to our Privacy Policy for information on how Guthries Jewelers collects, uses, and discloses
personally identifiable information from its customers.
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Site Content |
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The Site and all content and other materials, including, without limitation, the Guthries Jewelers logo, and
all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software,
sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are
the proprietary property of Guthries Jewelers or its licensors or users and are protected by trade dress,
copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
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Trademarks |
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Guthries Jewelers, Quality Diamonds Exceptional Prices, and the Guthries Jewelers logos, and any other product
or service name or slogan contained in our Site are trademarks of Guthries Jewelers and its suppliers or licensors,
and may not be copied, imitated or used, in whole or in part, without the prior written permission of Guthries
Jewelers or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing
"Guthries Jewelers” or any other name, trademark or product or service name of Guthries Jewelers without our prior
written permission. All other trademarks, registered trademarks, product names and Guthries Jewelers names or logos
mentioned in our Site are the property of their respective owners.
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Use of Site |
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You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy,
(except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational,
non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include:
(a) any resale or commercial use of our Site or the Site Materials therein;
(b) the collection and use of any product listings, pictures or descriptions for commercial purposes;
(c) the distribution, public performance or public display of any Site Materials,
(d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof;
(e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining,
robots, spiders, scraping, or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained
therein, except as expressly permitted on our Site;
(g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything
else which minimizes, covers, or frames or inhibits the full display of our Site;
(h) use our web sites in any way which interferes with the normal operation of our sites; or
(i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site
Materials other than as specifically authorized herein, without the prior written permission of Guthries Jewelers, is
strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws,
including without limitation copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
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Infringer Policy |
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In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Guthries Jewelers has adopted
a policy of terminating and barring, in appropriate circumstances and at Guthries Jewelers’s sole discretion, site
users or account holders who are deemed to be repeat infringers. Guthries Jewelers may also at its sole discretion
limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
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Third Party Content |
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Guthries Jewelers may provide links to Web pages and content of third parties ('Third Party Content') as a service
to those interested in this information. Guthries Jewelers does not monitor or have any control over any Third Party
Content or third party Sites. Guthries Jewelers does not endorse any Third Party Content and can make no guarantee as
to its accuracy or completeness. Guthries Jewelers does not represent or warrant the accuracy of any information contained
therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third
Party Content contained therein at their own risk.
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Advertisements and Promotions |
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Guthries Jewelers may run advertisements and promotions from third parties on our Site. Your business dealings or
correspondence with, or participation in promotions of, advertisers other than Guthries Jewelers, and any terms,
conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Guthries Jewelers is not responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such non-Guthries Jewelers advertisers on our Site.
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Submissions |
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You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas,
plans, notes, drawings, original or creative materials or other information, regarding this site, Guthries Jewelers ,
or our products or services that are provided by you to Guthries Jewelers are non-confidential and shall become the
sole property of Guthries Jewelers . Guthries Jewelers will own exclusive rights, including all intellectual property
rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial
or otherwise, without acknowledgment or compensation to you. You grant Guthries Jewelers and its affiliates and
sublicense the right to use the name that you submit in connection with such content, if they choose. You represent
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 violate any rights of or cause injury to any person or entity.
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Indemnification |
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You agree to defend, indemnify and hold harmless Guthries Jewelers , its independent contractors, service providers
and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs,
liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to
any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site,
including without limitation any actual or threatened suit, demand or claim made against Guthries Jewelers 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.
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Disclaimer of Warranty |
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EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GUTHRIES JEWELERS , THIS SITE, THE CONTENT CONTAINED THEREIN
AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GUTHRIES JEWELERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. GUTHRIES JEWELERSDOES NOT REPRESENT OR
WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GUTHRIES JEWELERS
DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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Limitation of Liability |
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IN NO EVENT SHALL GUTHRIES JEWELERS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR
ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY
INFORMATION OBTAINED FROM GUTHRIES JEWELERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GUTHRIES JEWELERS'S RECORDS, PROGRAMS OR SERVICES.
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Applicable Law and Venue |
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These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the New Zealand,
applicable to agreements made and to be entirely performed within the New Zealand, without resort to its conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the
High Court located in Auckland, New Zealand and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction
of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms
and Conditions.
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Modification and Notice |
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You agree that Guthries Jewelers may modify these Terms and Conditions and any other policies on our Site at any time and that
posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
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Termination |
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Notwithstanding any of these Terms and Conditions, Guthries Jewelers 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.
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Severability |
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If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
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Questions & Contact Information |
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If you have any questions, please do not hesitate to contact one of our Diamond and Jewelry Consultants at service@guthriesjewelers.com
or 800-xxx xxx. These Terms and Conditions do not apply to content provided by the Jewelers Mutual Insurance Company. Terms and
Conditions updated on December 9th, 2009.
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