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
service@martinbinder.com 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
email
us or
1-800-337-5184. We do not negotiate prices on our
products and all our prices are final.
Diamond Certificates
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
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
email us 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.
Privacy Policy
Please refer to our Privacy Policy for information on how Martin Binder Jeweler collects, uses, and discloses
personally identifiable information from its customers.
Site Content
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.
Rolex Section: Terms of Use
Trademarks
Martin Binder Jeweler, ROX by Martin Binder, Clara by Martin Binder, Yes by Martin Binder, Vow by Martin Binder,
Irisa by Martin Binder, Miyana by Martin Binder, Aura 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.
Infringement Policy
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
contact us .
- 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 us
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.
Submissions
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.
Martin Binder Jeweler takes no 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 is Martin Binder Jeweler liable for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of Interactive Areas is at your own risk. As a provider of interactive services, Martin Binder Jeweler is
not liable for any statements, representations or User Content provided by its users in any public forum, personal
home page or other Interactive Area. Although Martin Binder Jeweler has no obligation to screen, edit or monitor any
of the Content posted in any Interactive Area, Martin Binder Jeweler reserves the right, and has absolute
discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason
without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post
or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site
in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination
or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate
governmental requests, subpoenas or court orders, to protect Martin Binder Jeweler’s systems and customers, or to
ensure the integrity and operation of Martin Binder Jeweler business and systems, Martin Binder Jeweler may access
and disclose any information it considers necessary or appropriate, including, without limitation, user profile
information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User
Content. Martin Binder Jeweler right to disclose any such information shall govern over any terms of Martin Binder
Jeweler Privacy Policy.
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.
Indemnification
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.
Termination
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.
Severability
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
email us or
1-800-337-5184. Terms and Conditions updated on December 13th, 2017.