TERMS & PRIVACY
Please read these terms carefully before accessing to our website or submitting your order with Smiling Rocks.
These terms and conditions of sale apply between "you" and "Smilingrocks.com Inc", a company registered in the USA. The terms "we", "us" and "our" refer to Smilingrocks.com Inc.
These terms and conditions apply to the purchase and sale of the products through "www.smilingrocks.com". By submitting an order for products you agree to accept these Terms and Conditions. Please note that you must be 18 years old to make a purchase through our website.
All the Terms and conditions are subject to change by Smilingrocks.com Inc. You can review the latest updates of the Terms and the Conditions at any time on this page. Smilingrocks can change, update and replace any part of Terms of Service at any time it is your responsibility to follow for the periodical page changes.
As disclosed on our website all the diamonds sold by us are Lab-Grown. You hereby agree and understand what this term means. You should not purchase any product if you don't understand what that term means. You can always refer us with any question you have through our contact us page.
Terms and Conditions
Order Acceptance and Cancellation
We reserve the rights to accept or decline any order at any time for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will be refunded in the original form of payment. You will be notified that your order has been canceled.
We reserve the right to cancel the order which in judgment, appear to be placed by dealers, resellers or distributors.
Each order will have an assigned number, which will be sent to you via email. Please refer to that number contacting us if you'd like to make any changes or questions regarding your order.
By submitting an order with Smiling Rocks you agree to provide current, complete and accurate purchase and account information.
Modifications in Products and Prices
All prices of the products are subject to change without notice. We reserve the right to make adjustments of all our products details (any part of the content on the website) and prices at any time without prior notice. We are not liable to any third party for any modification, price change or discontinuation of the Service.
Our aim is to provide you detailed information, including product descriptions, and prices. However, we don't warrant that the product descriptions and the prices are accurate, there might be typographical errors, inaccuracies or omissions. In case if the product is listed with incorrect information due to a typographical error or with an error in pricing, we reserve the right to cancel the order. If you have been charged for the purchase we will fully refund your order.
The prices shown on our website are in U.S. dollars. Please note that we Do Not charge for shipping and handling. Taxes are additional charges.
You will see the final price including the taxes at checkout. The actual taxes charged may be adjusted from the amount shown at checkout.
We may not be required to collect taxes in your state. Your purchases are not tax-exempt merely because we fail to collect the tax. If we have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.
By submitting your order you agree that you are authorized to use the payment method and you authorize us to charge you the total amount of your order. If your payment method is not verified your order will be suspended.
Please note, that we ship only throughout the U.S. We offer FedEx and UPS Standard shipping services. Please check the shipping options at checkout for specific delivery options. We do not accept any C.O.D. orders. All orders are "Signature Required".
Please note that certain products can be shipped only within 14 days. For more information please visit our Shipping and Returns Page. Smiling Rocks is not responsible for any loss, delays in delivery or liability or damage caused by events outside our control.
Occasionally Smiling Rocks will issue promotions and sales that will be applied to your orders at the checkout. All of the promotional codes are non-transferable. We reserve the rights to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Most of our offers last for a limited time and have associated promotional codes that can only be used once per customer. Different offers and promotions can't be combined with one another. The expiration code of each promotion will be indicated in your account or in a communication to a customer.
If you have a question regarding any of promotions feel free to contact us at email@example.com.
Refunds and Free Returns
We offer free returns within 30 days of item delivery. Items must be in their original condition, with tags intact and unworn. It should be returned in their original packaging as shipped. Smiling Rocks reserves the right to reject any returns that do not meet the conditions specified above. In such a case, we will return these items to you. If items are found faulty or defective, it should be returned in their original packaging. Items with special order or request are not returnable.
We offer free returns within 30 days of item delivery. If you wish to return, the diamond must be in its original condition and shipped with the grading reports. If the diamond report is not returned, you will be charged for USD 150 as a replacement cost. Please return the diamond in its original packaging as shipped. Once received, we will need to inspect the diamond (it will take a week). Smiling Rocks reserves the right to reject the diamonds if it is not returned in its original condition. You will be notified once the return process is approved or rejected. The rejected items will be sent back to your original shipping address.
In order to process a return of your purchased items simply send us an email to firstname.lastname@example.org.
Exclusions that will not be accepted as a manufacturing defect and applied to the return and refund policy includes:
- Precious metals change of color due to exposure of chemical, used while swimming and hot tubs or bathing.
- Precious metals bend of prong over time due to daily wear and requiring a refurbishment as its normal condition.
- Due to daily wear, stones to fall out as prongs get worn out.
- Loss of stone due caused by daily wear or other kinds of damage.
- Any special orders are not returnable or refundable.
Disclaimer of warranties; limitation of liability
We do not guarantee, warrant and represent that your experience of our service will be error-free, protected and secure, virus free and uninterrupted.
We do not warrant the outcome from the use of the service will be accurate or reliable.
You agree that we do not need to notify you from time to time as we may remove or cancel services at any time.
You expressly agree that your use of or inability to use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, smiling rocks disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site.
The service and all products and services delivered to you through the service are (by us) except as expressly stated provided 'as is' and 'as available' for your use.
In no event shall smiling rocks, its directors, members, employees, affiliates, or agents or any party involved in creating, producing, or delivering the smiling rocks products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, lost savings, whether in contract, tort (including but not limited to negligence), arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the smiling rocks site, or that results from the reliance by user on any information obtained from smiling rocks, including errors or omission, any mistakes, interruptions, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure of performance of the smiling rocks site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to smiling rock’s programs or services.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless Smiling Rocks, its independent contractors, service providers, and consultants, and its related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Smiling Rocks Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Smiling Rocks 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.
Notwithstanding any of these Terms and Conditions, Smiling Rocks 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 you have any questions, please do not hesitate to contact us.
What personal information do we collect from you and why?
We collect information you provide directly through the service, including when you register an account, update your profile, access our content, make a purchase in-store, participate in a sweepstakes, contest, survey, or other promotion (“promotion”), contact customer support, or apply for a job.
The information you give us may include your name, date of birth, address, email address, phone number and financial information (including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument for payment process purpose.
We collect passwords and other information for authentication and account access. We also collect demographic information including your age, gender, and country.
We collect the content of messages you send to us, such as feedback and product reviews you write, or questions and information you provide to customer support. We may also collect content such as photos, videos or other content that you submit to us.
Technical information from, such as the internet protocol (ip) address used to connect your device to the internet, whereabouts you connected to our service, your internet service provider (isp), and what type of device you are using to access our service;
Information about your visits to our site, including whether you have visited our site before (including date and time); how you reached our site, pages you viewed or searched for, length of time spent viewing pages, frequency of voucher and discount usage and any phone number used to contact us.
You may choose to voluntarily submit other information to us through the service that we do not request, and, in such instances, you are solely responsible for such information.
Information we collect as part of our marketing campaigns (not limited to competitions, prize draws, giveaways and offers or events). Your information will be used to administer competitions and manage events, to check your eligibility for each of our benefits, and to track your usage so that we can monitor customer engagement to improve our service.
We will only use this information to contact you about your order, answer any inquiries and to facilitate the delivery of purchases you make through our retail partners.
Why do we use your data?
We may use and share the non-personal data we receive or collect from you without restrictions.
Smiling rocks may use the above personal data held about you for the following purposes:
To carry out obligations arising from any contracts entered between you and us and to provide you with information, products, and services that you request from us, i.e. To process and complete your orders, to process your payments and make deliveries.
To remind you through emails of products you have placed in your cart on the website, but have not purchased. To provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about. We will only contact you by email with such information if you have consented to this.
To tailor our website content to your needs and preferences;
To make recommendations to you about other products or services that may be of interest to you
To prevent, detect, and investigate fraud, security breaches, violations of law, and another misuse of the website, and to enforce our terms and conditions
To address any inquiries, correspondence, concerns or complaints you have raised;
For our internal operations, including data analysis, testing, research, statistical purposes, and troubleshooting;
To deliver relevant advertising to you, for example, e-newsletter
Who we share your information with?
We share your information with third-party agents, contractors, vendors, and other service providers in connection with their work on our behalf (collectively “service providers”). For example, for shipping your purchased order, we must share your information with a shipping company.
Other third parties but not limited to that we may share your information with include: webhosting companies, fulfillment companies (e.g., companies that fulfill product orders), jewelers, assemblers, data analysis firms, affiliates, third party consulting or marketing firms, and e-mail service providers. Additionally, if you have purchased a product from us using given financial payment providers, we will use a third party payment processor to process your information in association with the transaction. We may also may share information with other companies and organizations for credit fraud protection and risk reduction. These third parties only receive your information if such information is needed to perform their function(s), and they are not authorized to use such information for any other purpose(s) other than the purpose(s) set forth by smiling rocks. We only provide third-parties with the minimum amount of information necessary to complete the requested service, product or transaction. Notwithstanding the above, we may permit our service providers to use aggregate information which does not identify you or de-identified data for other purposes.
We may share your information with our related entities including our parent and sister companies. For example, we may share your information with our affiliates for customer support, marketing, and technical operations.
Your information may be shared with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we may share information about you with a business partner for purposes of providing you with co-branded products or services that we may offer.
If you choose to participate in a special event (for example, a promotion), smiling rocks may share your information with those organizations participating in the applicable event. By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Feedback, testimonials, and user provided content
If you provide feedback or testimonials on the service or on smiling rocks products or services or provide other user-provided content (such as photos or videos), we may post and share this feedback, testimonial or other user-provided content, including your information, on the service, with third party partners, or in marketing and promotional materials. We may, by our sole discretion, edit feedback, testimonials or user-provided content for length and content. California residents and data subjects in Europe have additional rights as set forth in “your rights and choices” below.
We may share your information with third parties for purposes of facilitating your requests (such as when you choose to share information with a social network about your activities on the service) and in connection with tailoring advertisements, measuring and improving our service and advertising effectiveness, and enabling other enhancements.
Your information may be disclosed as part of, or in connection with, any merger, sale of company assets, or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which information would be transferred as one of the business assets of smiling rocks.
Security, compliance with the law, and fraud protection
We may disclose your information as we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We also may share your information in order to investigate, prevent or take action regarding illegal activities, including suspected fraud, or as otherwise required by law. We may also share your information to protect the rights, property, life, health, security and safety of us, the service or any third party.
How is your data shared, stored and kept secure?
Smiling rocks takes your safety and security very seriously and we are dedicated to protecting your information (personal and financial). All data recorded and kept with us are on our secure servers. We have enabled a password for you (where you have chosen your password) to access certain parts of our services. You are responsible to keep the password secure and confidential. We recommend you not to share your password with anyone.
We protect your privacy in several ways: the personal data is entered into the our computer system in full compliance with data protection law, including security and confidentiality profiles and based on principles of correct practice, lawfulness and transparency in processing. Access to customer account information is limited to those who need access for the performance of their job. We use full login and password controls on our system. Confidentiality and database access controls are reviewed periodically and updated as required to further protect our personal data.
We use third party platforms to manage and deliver customer relationship management (crm); newsletter mailing campaigns; online advertising, customer analytics, fulfillment of orders, delivery, returns, refunds, it services, and similar services necessary to provide a service to you. In providing the services, your personal information will, where applicable, be used by the service provider on our behalf.
What are your rights?
Where the processing of your personal data is based on consent, you can withdraw that consent at any time.
You have the following rights. You can exercise these rights at any time by contacting us. You have the right:
To request from us access to personal information held about you. We will need you to prove your identity before we release any personal data to you.
To ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
You have the right to restrict your use of personal information if the data is inaccurate, our use of the information is unlawful or if we no longer need to use the data for the purposes for which we hold it.
You can change your data processing preferences at any time. For example, if you have given your consent to direct marketing, but have changed your mind, you can opt out of receiving marketing communications by contacting us using the details provided below or clicking the “unsubscribe” link in any communication you receive.
Your California privacy rights
- If you are a customer in California, in addition to the rights set forth above, you have the right to request information from Smiling Rocks regarding the manner in which Smiling Rocks shares certain categories of personal information as defined by California’s “shine the light” with third parties and/or affiliates for their own direct marketing purposes. To receive this information, send us a request at the address set forth in the section entitled “contact us” below. Requests must include “California privacy rights request” in the first line of the description and include your name, street address, city, state, and zip code. Please note that Smiling Rocks may provide this information in a standardized format that is not specific to you and is not required to respond to requests made by means other than through the provided e-mail address or mail address.
- Any California residents under the age of eighteen (18) who have registered to use the service and posted content or information on the service, can request that such information be removed from the service by sending an e-mail to the e-mail address set forth in the section entitled “contact us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
Your European privacy rights
- If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
- To exercise any of these rights, contact us as set forth in the section entitled “contact us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
- If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
Should you have any issues, concerns or problems in relation to your data, or wish to notify us of data which is inaccurate, please let us know by contacting us using the contact details above.
What are cookies and why do we use them?
- Operational: cookies are essential in order for you to use our service, such as our shopping bag, as well as to access password protected areas, such as your personal account.
- Analytics and performance: cookies collect information about how you use our service and remember the choices you make (such as your language or location) to provide an enhanced performance and a more personalized experience.
- Customization: cookies allow us to gather information on how our service is being used so that we can provide content that is relevant to you.
- Social networking: cookies allow users to share our pages and content to third-party social networking sites.
Smiling Rocks does not knowingly collect personal information from children under the age of thirteen (13). In the event that Smiling Rocks ever does so, we will strictly comply with the children's online privacy protection act by FTC. If you are a parent or guardian and believe Smiling Rocks has collected such information in a manner not permitted, please contact us as set forth in the section entitled “contact us” below, and we will remove such data.
If you have any questions, feel free to contact us!