These terms and conditions apply to the Beverly Clark Diamonds Website located at www.beverlyclarkdiamonds.com. and all associated websites linked to www.beverlyclarkdiamonds.com by Beverly Clark Diamonds, its subsidiaries and affiliates, including Beverly Clark Diamond'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 Beverly Clark Diamonds Site, and constitute an agreement between you and Beverly Clark Diamonds. Beverly Clark Diamonds 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 at its sole discretion. Any changes 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 constitutes your acceptance of any such changes or modifications. Henceforth, you are advised to frequently review these Terms and Conditions and any other applicable policies from to be aware of and understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you are heretofore obliged to stop using the Site.
Product Availability and Pricing
If you're interested in any “special order” item or any item that is currently shown as “out of stock”, you may call for an update on when the item will be available. Occasionally, an item may go out of stock prior to our being able to post an “out of stock” update on the Site. Should this occur, you will be contacted directly by one of our Diamond Specialists to determine your possible purchase options.
It is possible that various data, including but not limited to prices, may, on occasion, be displayed inaccurately on our Site due to system, typographical and other potential and unavoidable errors. Beverly Clark Diamonds will make every attempt to avoid such errors and to correct any such errors should they occur. Beverly Clark Diamonds reserves the right to correct any and all errors when they do occur. Beverly Clark Diamonds does not honor inaccurate or erroneous prices. If an item's posted price is lower than its actual price, Beverly Clark Diamonds will, at their discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation either by email or by telephone. In such case as the order has been shipped, you agree to either return the item or pay the difference between the actual price and the erroneous price charged. All prices listed by Beverly Clark Diamonds are subject to change without notice. Any inconvenience resulting from such a price change is unintended and regrettable. Should you have any questions, please do not hesitate to contact one of our Diamond Specialists at or call 800-525-4747.
The prices listed for all items offered for sale by Beverly Clark Diamonds are final and are not negotiable.
Ordering and Shipping Policies
Please refer to our Order and Shipping Policies for information on shipping and ordering products from Beverly Clark Diamonds, including information on payment methods, returns, order status, gift certificates, sales tax, Saturday delivery, and international shipments.
Special Orders and Custom Jewelry
Beverly Clark Diamond's Diamond Specialists will assist you with finding the perfect selection to meet your needs. Whatever your preference or budget, our Diamond Specialists are dedicated to making your experience with Beverly Clark Diamonds as memorable as the timeless treasures you’ll find here. Customize your perfect engagement ring, search for that special diamond, or find that unique gift for someone special. For assistance with your creation, call 800-525-4747.
Sale of Settings without Diamonds
At Beverly Clark Diamonds, purchasing a setting without a center diamond is easy. Simply select the setting of your choice, select your metal and ring size, place your selection in the shopping cart and use your Visa, MasterCard or American Express card to complete your purchase. If you need additional assistance you may contact one of our Diamond Specialists at or call 800-525-4747.
Diamond Certificates
All loose diamonds purchased from Beverly Clark Diamonds are shipped to you with an accompanying diamond grading report (also called a diamond certificate). These grading reports are highly detailed documents created by diamond grading experts at one of two highly respected diamond laboratories. It is therefore quite costly to replace a diamond grading report. Due to this expense, we require the original diamond grading report to be included with each returned diamond. If you do not include the original diamond grading report with your return (copies will not be accepted), a replacement fee of $250 will be charged to you.
Comparison Purchasing
Comparison purchasing is defined as the purchase of several items with the intent and premeditated purpose of keeping the item you like the most and returning the remaining items. This practice, while not illegal, is costly and results in unnecessary restocking and inventory overhead expenses. In order to maintain and offer some of the industry’s most competitive pricing, Beverly Clark Diamonds does not permit comparison purchasing. To confirm the quality of a jewelry item, please contact one of our Diamond Specialists at or call 800-525-4747.
Ring Size
If your Beverly Clark Diamonds ring does not fit, we will resize it free of charge. Please contact one of our Diamond Specialists at or call 800-525-4747. to coordinate. Follow our return process for instructions.
Information found on our Site
At Beverly Clark Diamonds, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In an effort to allow visitors to our Site to view our products in appropriate detail, some products seen in our photographs may appear to be larger or smaller than their actual size. In addition, because every computer monitor is calibrated differently, colors and sizes will vary slightly and cannot be assumed to be “exact” representations of the actual item.
Our primary purpose is to provide you and every visitor to our Site with the most accurate information and detail possible regarding your potential purchase so that you can make an informed decision regarding the purchase of a particular item. In compliance with FTC regulations and established industry standards, Beverly Clark Diamonds clearly states that “carat total weight” in all purchases may vary as much as 0.05 carats from a stated weight.
On the Site, we display the weights and measurements of our products based on our strict manufacturing specifications. However, in all of our production as with all hand produced, hand finished jewelry minor variable tolerances may be accounted for based on finishing during the manufacturing process.
A tolerance of 0.25mm is allowed for pearl and gemstone measurements.
Regarding diamond jewelry set with multiple diamonds, Beverly Clark Diamonds provides, to the best of our ability, the total minimum total carat weight for the item. For such items, color and clarity grades are generally expressed as either a minimum or an average based on the number and size of the diamonds used. When stated as a minimum, each of the diamonds considered to be a part of the item are assumed to be at or above the stated quality. If expressed as an average, the quality, collectively, is equal to or greater than the grade stated.
Policy on Conflict Diamonds
At Beverly Clark Diamonds, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that oversees the diamond trade to ensure the diamonds are from reliable sources that are free of conflict. A conflict diamond is a diamond traded by sources engaged in armed conflict with legitimate governments and where the proceeds from this trade are used for the purchase of weapons or are otherwise use to support illegal activities directed towards the overthrow and or/disruption of those legitimate governments.
Privacy Policy
Please refer to our Privacy Policy for information on how Beverly Clark Diamonds collects, uses, and discloses personally identifiable information from its customers.
Site Content
The Site and all content and other materials, including, without limitation, the Beverly Clark Diamonds logo, all designs, text, graphics, photographs, selection, coordination, 'artistic look and feel', information, product and customer data, software, audio files, image files and the assortment and specific arrangement thereof (collectively, the "Site Materials") are the proprietary property of Beverly Clark Diamonds or its licensors or users and are protected by International copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Trademarks
Beverly Clark Diamonds, Create Your Own, the Beverly Clark Diamonds logos, and any other product or service name or slogan contained in our Site are trademarks of Beverly Clark Diamonds and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Beverly Clark Diamonds or the applicable trademark holder. You may not use any Index Page, Key Words, Meta Tags or any other "hidden text" utilizing "Beverly Clark Diamonds" or any other name, trademark or product or service name of Beverly Clark Diamonds without our prior written permission. All other trademarks, registered trademarks, product names and Beverly Clark Diamonds 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-sub licensable license to view, 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 site in any way which interferes with the normal operation of our site; 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 Beverly Clark Diamonds, 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.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law governing the use of and access to a commercial website, Beverly Clark Diamonds has adopted a policy of terminating and barring, in appropriate circumstances and at Beverly Clark Diamond's sole discretion, site users and/or account holders who are deemed to be repeat infringers. Beverly Clark Diamonds may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Beverly Clark Diamonds may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Beverly Clark Diamonds does not monitor or have any control over any Third Party Content or third party Sites. Beverly Clark Diamonds does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Beverly Clark Diamonds 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 access these links and Third Party Content contained therein for their own purposes and at their own risk.
Advertisements, Promotions & Sponsorships
Beverly Clark Diamonds may, at its discretion, display advertisements, promotions and special offers from third parties on our Site. Any and all business activities or correspondence with, or involvement in promotions of, sponsors and/or advertisers separate from Beverly Clark Diamonds, and any terms, conditions, warranties, or representations related to or associated with said transactions, are solely and completely between you and the aforementioned third party. Beverly Clark Diamonds, it’s affiliates, partners, investors, employees and management hold no responsibility or liability for any loss, damage, injury or perceived injury of any kind resulting from the aforementioned transactions or resulting from the presence of any non-Beverly Clark Diamonds advertisers or sponsors on our Site.
Submissions
You hereby acknowledge, accept and agree that any and all materials, including but not limited to testimonials, anecdotes, stories, questions, concerns, comments, requests, quotations, suggestions, designs, ideas, strategies, plans, inventions, notes, photographs, drawings, schematics, mechanical drawings, original, intellectual or creative concepts or other information and/or materials, regarding this site, Beverly Clark Diamonds, Beverly Clark Enterprises and/or any of it’s subsidiaries, or our products or services that are provided by you and/or any agents acting in your service to Beverly Clark Diamonds are to be considered non-confidential and shall become and remain the sole property of Beverly Clark Diamonds. Beverly Clark Diamonds will own exclusive rights, including all intellectual property rights, and shall be entitled to complete and unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By your action of providing your name and any other personal data and/or content, you hereby grant Beverly Clark Diamonds and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
User Content
If you post User Content to our Site, unless we indicate otherwise, you grant Beverly Clark Diamonds and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable 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 Beverly Clark Diamonds and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or 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 Beverly Clark Diamonds, 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 Beverly Clark Diamonds 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 WRITING BY BEVERLY CLARK DIAMONDS, 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. BEVERLY CLARK DIAMONDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. BEVERLY CLARK DIAMONDS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BEVERLY CLARK DIAMONDS 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 BEVERLY CLARK DIAMONDS, 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 BEVERLY CLARK DIAMONDS, 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 BEVERLY CLARK DIAMONDS'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 California, applicable to agreements made and to be entirely performed within the State of California, 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 Santa Barbara County, California 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 Beverly Clark Diamonds 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, Beverly Clark Diamonds reserves the right, without notice and at its sole discretion, to terminate your license to use this site, and to block or prevent your future 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 contact one of our Diamond Specialists at or call 800-525-4747. These Terms and Conditions do not apply to content provided by the Jewelers Mutual Insurance Company. Terms and Conditions updated on January 24th, 2009.
— Beverly Clark
