TERMS & CONDITIONS

The terms and conditions outlined herein are applicable to the Studded Bay website, which can be found at www.studdedbay.com, as well as any affiliated sites linked to www.studdedbay.com by Studded Bay, its subsidiaries, and affiliates (referred to collectively as "the Site"). It is important to carefully read and understand these terms and conditions (referred to as the "Terms and Conditions"). By using the Site, you are indicating your agreement to abide by these Terms and Conditions.

These Terms and Conditions regulate your usage of the Studded Bay Site and any purchases made through it, constituting a contractual agreement between you and Studded Bay. Studded Bay retains the right to amend or modify any of these Terms and Conditions, as well as any site policies or guidelines, at its discretion and without prior notice. Any such alterations will become effective immediately upon being posted on the Site. Your continued use of the Site after such revisions implies your acceptance of the modified Terms and Conditions. It is advisable to regularly review these Terms and Conditions and other relevant policies to ensure awareness of the terms governing your use of the Site. Failure to agree to the amended terms requires cessation of Site usage.

Modification of Terms

Studded Bay reserves the right to modify or supplement these Conditions at its discretion, without prior notice. Such changes will take effect immediately upon notification, which may be provided through various means, including posting the updated Conditions on the Studded Bay Site. It is your responsibility to regularly check the Studded Bay Site for any alterations to these Conditions that may impact your rights or obligations. Any amendments will become effective immediately upon being posted on the Site. Your continued use of the Studded Bay Site following any modifications to these Conditions signifies your acceptance of the updated terms. Should you disagree with the revised terms, you must discontinue using the Site.

Stock Availability

Sometimes you have placed a product in your shopping cart and placed your order for processing, but the order is canceled because the product is no longer available. You acknowledge that while products may sell quickly and shortly after you place an order, there may be times when products are not available. You agree that we may cancel your order without penalty after receiving confirmation of your order.

In very rare cases, you may receive a delivery confirmation from us, but the product will not be available to us or our third-party fulfillment provider. You agree that if we are unable to ship the product you have ordered due to stock shortages, we may revoke your consent and cancel your order without penalty.

If you are interested in jewelry that is currently on pre-order, please contact us and we will let you know when the item will be back in stock. Occasionally, due to the volume of orders we receive, an item may out of stock before it is published on the site. If this happens, we will contact you to discuss possible options.

USE OF ACCOUNT 

When accessing or utilizing the Studded Bay website or your personalized Studded Bay account, it is your sole responsibility to uphold the confidentiality of your account and to limit access to your computer. Additionally, you are accountable for all actions conducted under your personal account and password. If you are under 18 years of age, you may only utilize www.studdedbay.com under the supervision of a parent or legal guardian. Please be aware that Studded Bay retains the right, at its own discretion, to decline service, deactivate accounts, modify or remove content, or annul orders.In instances where a customer initiates a chargeback, Studded Bay reserves the right to recover both direct and indirect costs and may revoke any promotional items, free shipping, or other benefits, as deemed appropriate at the sole and absolute discretion of Studded Bay.

PRICING

Data, including prices, may appear incorrectly on our site due to misprint or system errors. Although we do our best to avoid these errors, they may occur. We reserve the right to correct any errors that may occur and do not accept incorrect payments. If the price of the product and its listed price is less than its actual price, we will contact you for instructions before shipping the product or we will cancel your order and notify you of such cancellation. Once your order has been placed or shipped, you agree to return the product or pay the difference between the actual price and the price charged. Our prices are subject to change without notice. We apologize for the inconvenience caused. If you have any questions, please feel free to contact our diamond and jewelry experts at service@studdedbay.com 

Payment Information 

Once you've chosen your jewelry and entered your shipping details, you'll be asked to input your payment details, which may include credit card details, promotional codes, and gift cards. By providing this payment information and confirming your order, you consent to our third-party payment processor charging the specified amount to your chosen payment method.

Diamond Certificates 

When you purchase a loose diamond, we include a diamond grading report (referred to as a diamond certificate) along with it. These reports are comprehensive documents crafted by diamond grading professionals at one of two esteemed diamond laboratories, making them costly to replace. Consequently, we mandate that each returned diamond must be accompanied by its corresponding grading report. Failure to include the grading report with your return will result in a replacement fee of USD 250 (or an equivalent amount in other currencies).

Information on our website 

We strive to ensure the utmost accuracy and completeness of our online catalog. To afford you a thorough view of our products, some items may appear larger or smaller than their actual size in our photographs. Additionally, due to variations in individual computer monitor settings, there may be slight discrepancies in color and size.

Our primary goal is to furnish you with ample information and detail regarding your potential purchase, enabling you to appreciate the beauty and form of each item. In accordance with industry norms and FTC regulations, Studded Bay asserts that the carat total weight in all transactions may deviate by up to 0.05 carats from the specified weight.

On our website, we provide product measurements based on our manufacturing specifications, with slight tolerances considered for finishing during production. For machine-made wedding bands, a width tolerance of 0.20mm is permissible, while cast-manufactured rings may exhibit slightly greater variability. Regarding gemstone and pearl measurements, a tolerance of 0.25mm is permitted.

For diamond jewelry featuring multiple diamonds, we specify the minimum total carat weight for the piece. Color and clarity grades are delineated as either a minimum or an average, contingent on the number of diamonds present. If denoted as a minimum, all diamonds within the piece meet or surpass the specified quality. In cases where an average is indicated, the overall quality collectively meets or exceeds the stated grade.

Social Platforms & User Content

Studded Bay occasionally contacts users of social media platforms to request permission to showcase their favored content on our website, social channels, or in promotional materials. Should you grant permission for Studded Bay to use your social media User Content, which may include photos, text, graphics, audio, video, comments, and other materials, you are providing a broad license to Studded Bay and its associated entities.

By responding to our request, you grant Studded Bay and its related entities a comprehensive, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to utilize your social media User Content in various ways, at their sole discretion. This usage may encompass display on webpages and social media pages, inclusion in promotional emails and advertisements, and integration into marketing and advertising initiatives across all media formats.

You further authorize the use of your username, real name, image, likeness, descriptions, location, or any other identifying information associated with your social media User Content.

By granting this permission, you affirm that you are the rightful owner of the social media User Content, or possess appropriate rights and permissions from relevant parties. You also confirm that the use of your social media User Content will not infringe upon any third-party rights or violate any laws or regulations. Additionally, you assert that the content is not unlawful or offensive in any manner.

It is important to note that any social media User Content submitted is considered non-confidential, and the Licensed Parties are not obligated to maintain its confidentiality, except as outlined in their respective privacy policies. By utilizing the Site, you consent to the collection, use, and disclosure of any personal information provided, in accordance with the terms outlined herein, Studded Bay’s Privacy Policy, and applicable data protection laws.

The Licensed Parties retain the right to remove any social media User Content from the Site. Should you believe that any content, including social media User Content, infringes upon copyright rights, please contact Studded Bay.

Product Reviews & User Content

Our website incorporates a feature for product reviews and may also include discussion forums, user-generated content, or other sections where you or third parties can create, post, or store content on our site (referred to as "Interactive Areas"). Your use of these Interactive Areas is solely your responsibility and is done at your own risk. By utilizing any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or publish through our site any of the following:

Content that is unlawful, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.

Content that encourages criminal offenses, violates the rights of any party, or creates liability or violates any laws or regulations.

Content that may infringe upon any intellectual property rights of any party, such as patents, trademarks, copyrights, or trade secrets.

Content that impersonates any person or entity or misrepresents your affiliation with a person or entity.

Unsolicited promotions, political campaigning, advertising, or solicitations.

Private information of any third party, including addresses, phone numbers, email addresses, Social Security/SIN numbers, and credit card numbers.

Viruses, corrupted data, or other harmful files.

Content that, in the sole judgment of Studded Bay, is objectionable or may harm or expose Studded Bay or its users to liability.

Studded Bay assumes no responsibility and accepts no liability for any User Content posted, stored, or uploaded by you or any third party, nor for any loss or damage to such content. Studded Bay also holds no liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity encountered. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Studded Bay is not liable for any statements, representations, or User Content provided by its users.

While Studded Bay is not obligated to monitor or screen any content in Interactive Areas, it reserves the right to remove, screen, or edit any User Content posted or stored on our site at any time and for any reason without notice. You are responsible for creating backup copies of any User Content you post or store on our site at your expense.Violation of these terms may result in termination or suspension of your rights to use the Interactive Areas or our site. Studded Bay may access and disclose any necessary information to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect its systems and customers, or to ensure the integrity and operation of its business and systems.

By posting User Content on our site, you grant Studded Bay 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 worldwide in any media. You also grant Studded Bay and its affiliates the right to use your name in connection with such content. You represent and warrant that you own or control all rights to the User Content, it is accurate and not misleading, and its use does not violate these terms or any rights of others.

SMS Terms of Use

By enrolling in Studded Bay’s Shipping Status Notifications text messaging service, you consent to receive periodic transactional text messages from Studded Bay. These messages are designed to provide updates on the status of your order and will be dispatched once you have completed a purchase and there is a change in your order status.This service operates as a standard rate SMS/MMS program, and message and data rates may apply. Carriers are not responsible for messages that are delayed or undelivered.For assistance or discontinue receiving these messages, you can reach out to Studded Bay’s Customer Service at service@studdebay.com or 1-800-788-2172. 

Site Usage

Your usage of the Site is subject to the following terms:

You are granted a personal, limited, non-transferable license to access and utilize the Site. This includes electronically copying and, where allowed, printing portions of the Site materials for your own informational, non-commercial, and personal purposes only. However, this license is bound by these Conditions and does not entail:

(a) Any resale or commercial utilization of the Site or its materials.

(b) Gathering and using product listings, images, or descriptions for commercial ends.

(c) Publicly performing or displaying any Site materials.

(d) Modifying or creating derivative works from the Site or its materials.

(e) Employing automated means to interact with the Site, such as data mining or scraping.

(f) Downloading portions of the Site except as permitted.

(g) Introducing pop-ups, banners, or other elements that obscure or alter the Site's display.

(h) Using the Site in a manner that disrupts its normal operation.

(i) Using the Site or its materials for purposes other than intended.

Any unauthorized use of the Site or its materials, not expressly permitted, is strictly prohibited and will result in the termination of the granted license. Such unauthorized usage may also breach relevant laws, including copyright and trademark regulations. Unless explicitly stated, these Conditions do not confer any intellectual property licenses. This license is subject to revocation at any time.

Infringer policy 

In adherence to the Digital Millennium Copyright Act ("DMCA") and other relevant legislation, Studded Bay retains the exclusive authority to discontinue and prevent certain users or Studded Bay account holders from accessing the website if they are identified as repeat infringers under appropriate circumstances. We also reserve the right to restrict access to this website and/or deactivate the accounts of any users suspected, by Studded Bay, of infringing upon the intellectual property rights of others, irrespective of whether repeat infringement has occurred.

Warranty Disclaimer

The Site, its content, and the associated products are offered on an "as is" and "as available" basis. Studded Bay does not provide any express or implied representations or warranties regarding the operation of the Site or the information, content, materials, or products featured on it. You agree that your use of the Site at your own discretion is at your own risk and that you are solely responsible for the consequences of such use. WITHOUT LIMITING THE FOREGOING, We DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, TITLE AND CONTENT, CONTENT AND NON-INFRINGEMENT CONTENT. that Materials on the Site. Studded Bay makes no guarantees regarding the accuracy, reliability, completeness, currency, or virus-free nature of the Site, its servers, or its electronic communications.

Liability Limitations

In no event shall Studded Bay, 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 caused by or resulting from reliance by user on any information obtained from Studded Bay, 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 Studded Bay’s records, programs or services.

Indemnification

By agreeing to these terms, you pledge to defend, indemnify, and protect Studded Bay, its independent contractors, service providers, and consultants, as well as its parents, affiliates, and related entities, along with their respective directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and costs (including reasonable attorneys' fees and court costs). This commitment extends to any breaches of these Conditions by you, as well as your access to or use of the Studded Bay Site, or any issues related to your inability to use the Site. This includes safeguarding against any actual or potential legal actions, demands, or claims made against Studded Bay, its independent contractors, service providers, employees, directors, or consultants, stemming from the Content, your behavior, your violation of these Terms and Conditions, or your infringement upon the rights of any third party.

Dispute Resolution 

These Terms and Conditions and your utilization of this website will be governed by and interpreted according to the laws of the Province of Ontario, Canada which apply to agreements made and fully carried out within the Province of Ontario, without invoking its conflict of law principles. You acknowledge that any legal action or dispute arising from or related to these Terms and Conditions shall be exclusively filed in the state and federal courts situated in Oakville, Ontario. By using this site, making any purchase from it, or agreeing to these Terms and Conditions, you hereby agree irrevocably and unconditionally to submit to the exclusive jurisdiction of such courts for any legal proceedings or disputes.

Notice

You acknowledge that Studded Bay has the authority to amend these Terms and Conditions and any other policies on our website at any time. Posting the updated Terms and Conditions or policies on our website will serve as adequate notification of such changes.

Regardless of these Terms and Conditions, Studded Bay reserves the right, at its sole discretion and without prior notice, to revoke your license to use this site and to restrict or prohibit your future access and use of the site.

If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable for any reason, that provision will be considered separate from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.

Contact Information

If you have any questions, please do not hesitate to contact our customer care at service@studdedbay.com or 1800-788-2172.