Terms and Conditions
These terms and conditions apply to the Martin Binder Jeweler website site located at www.martinbinder.com, and all associated Web sites linked to www.martinbinder.com by Martin Binder Jeweler, its subsidiaries and affiliates, including Martin Binder Jeweler’s 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.
These Terms and Conditions govern your use of, and any purchase from, the Martin Binder Jeweler Site, and constitute an agreement between you and Martin Binder Jeweler. Martin Binder Jeweler 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.
Product Availability and Pricing
Infrequently, an item listed on our Site may go out of stock before we are able to post a notification on the Site. If an order is placed with an item that is out of stock, you will receive immediate notification of status. While browsing our Site, and you see an item that is on back order, email us at [email protected] and we will respond with an anticipated in-stock date.
Infrequently, due to error or typographical errors, Data, including but not limited to prices, and specifications, may be inaccurately displayed on our Site. These errors may occur, though we strive for 100% accuracy. We reserve the right to correct any errors when they are discovered or occur, and we do not honor errors, 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 this may cause. If you have any questions, please do not hesitate to contact one of our Personal Shoppers at [email protected] or 1-800-337-5184. We do not negotiate prices on our products and all our prices are final.
Most of our loose diamonds are certified by an independent laboratory such as GIA (Gemological Institute of America). When you purchase a loose diamond from our Site, we ship the diamond to you with the accompanying diamond grading report (also called a diamond certificate, or dossier), a detailed and costly document created by diamond grading experts. Because of this cost we incur, we require each diamond grading report is included and returned with any returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of US$150 (or equivalent amount in other currencies): You agree to this charge on your credit card used for the original transaction.
Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This method is costly for Martin Binder Jeweler, and to maintain our low pricing, we do not allow comparison purchasing since this method of purchase causes undue restocking and inventory overhead. To confirm the quality of a jewelry item, please contact one of our Personal Shoppers at [email protected] or 1-800-337-5184, and we would be happy to help you make your choice. We reserve the right to cancel any items or orders we deem as Comparison Shopping orders, at any time, without notice. You will receive an email of any cancellation.
Information on our Site
At Martin Binder Jeweler, we make every attempt to ensure that our online catalog is as accurate and complete as possible. To offer the greatest product detail, some products may appear larger or smaller than their actual size in our photographs. Because each computer monitor is set differently, color and size may vary slightly.
So that you may see the beauty and structure of an item on our Site, we provide you with as much information and detail about your prospective purchase as possible. In compliance with industry standards and FTC regulations, Martin Binder Jeweler states that carat total weight in all purchases may vary 0.05 carats from stated weight.
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. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For jewelry set with multiple gemstones, with or without diamonds, we provide the minimum total carat weight for the piece, noted by total gemstone weight and total diamond weight. Diamond 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.
Policy on Ethical Sourcing
At Martin Binder Jeweler, we travel overseas to diamond suppliers where our buyers hand-sort, and purchase diamonds through the largest and most respected directly suppliers. Our selected suppliers share our vision in enforcing and pride to adhering to ethics and humanitarian 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 Martin Binder Jeweler policy on ethical sourcing and the steps we take to ensure our diamonds are from conflict free sources.
The Site and all content and other materials, including, without limitation, the Martin Binder Jeweler 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 Martin Binder Jeweler or its licencors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Martin Binder Jeweler, ROX by Martin Binder, Clara by Martin Binder, Yes by Martin Binder, Color by Martin Binder, Miyana by Martin Binder, Mine to Heart by Martin Binder, the Martin Binder Jeweler logos, and any other product or service name or slogan contained in our Site are trademarks of Martin Binder Jeweler and its suppliers or licencors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Martin Binder Jeweler or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing ” Martin Binder Jeweler ” or any other name, trademark or product or service name of Martin Binder Jeweler without our prior written permission. All other trademarks, registered trademarks, product names and Martin Binder Jeweler names or logos mentioned 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 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 Martin Binder Jeweler, 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.
Martin Binder Jeweler has adopted a policy of terminating and barring, in appropriate circumstances and at Martin Binder Jeweler’s sole discretion, site users or account holders who are deemed to be repeat infringers. This policy is in keeping with the Digital Millennium Copyright Act (DMCA) and other applicable laws. At our sole discretion, and without notice, Martin Binder Jeweler may also 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.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Martin Binder Jeweler by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to [email protected]
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Martin Binder Jeweler to locate the material;
- Information reasonably sufficient to permit Martin Binder Jeweler to contact the complaining party, such as an address, telephone number and an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Alternatively, you may reach the Martin Binder Jeweler Legal Department with a valid inquiry as follows:
Martin Binder Jeweler Legal Department
650 W. Morthland Dr.
Valparaiso, IN 46385 USA
Phone: (219) 462-5931
Email: [email protected]
Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).
Third Party Content
Martin Binder Jeweler may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Martin Binder Jeweler does not monitor or have any control over any Third Party Content or Third Party Sites. Martin Binder Jeweler does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Martin Binder Jeweler 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.
Advertisements and Promotions
Martin Binder Jeweler 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 Martin Binder Jeweler, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Martin Binder Jeweler 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- Martin Binder Jeweler advertisers on our Site.
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, Martin Binder Jeweler, or our products or services that are provided by you Martin Binder Jeweler are non-confidential and shall become the sole property of Martin Binder Jeweler. Martin Binder Jeweler 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 Martin Binder Jeweler and its affiliates and sublicensees the right to use the name that you submit with such content, if they choose. You represent and warrant that (a) you own and control 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.
Product Reviews and User Content
To assist our shoppers, our Site includes a product review feature, and includes (or may include in the future) discussion forums, user generated content, or other areas or services in which you or a third party can create, post, or store any content, messages, materials or other items on our Site (‘Interactive Areas’). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
- Any message, review, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- 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, including, without limitation, 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;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Martin Binder Jeweler, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Martin Binder Jeweler or its users to any harm or liability of any type.
If you post User Content to our Site, unless we indicate otherwise, you grant Martin Binder Jeweler and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable 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 grant Martin Binder Jeweler and its affiliates and sublicensees the right to use the name that you submit with such content, if they choose. You represent and warrant that (a) you own and control the rights to the User Content that you post, or that you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Martin Binder Jeweler, 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 Martin Binder Jeweler 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.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MARTIN BINDER JEWELER, 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. MARTIN BINDER JEWELER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. BLUE NILE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BLUE NILE DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL MARTIN BINDER JEWELER, 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 MARTIN BINDER JEWELER, 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 MARTIN BINDER JEWELER ‘S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of Indiana, applicable to agreements made and to be entirely performed within the State of Indiana, 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 state and federal courts located in Porter County, Indiana 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.
Modification and Notice
You agree that Martin Binder Jeweler 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.
Notwithstanding any of these Terms and Conditions, Martin Binder Jeweler 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.
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.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our Personal Shoppers at [email protected] or 1-800-337-5184. Terms and Conditions updated on December 13th, 2017.