Terms and Conditions
Benjamin & Co DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Benjamin & Co CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ERRORS AT ANY TIME. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; Benjamin & Co WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. Benjamin & Co MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. Benjamin & Co has attempted to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, Benjamin & Co cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY THAT ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH PRODUCT), Benjamin & Co EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE. THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER Benjamin & Co NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF Benjamin & Co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Benjamin & Co OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO Benjamin & Co FOR THE SINGLE PRODUCT AT ISSUE. YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of the State of California, and you and Benjamin & Co (the 'Parties') agree to and consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California. Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in Los Angeles, California, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with California law: (a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration; (b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.
Disclosure of Tolerances in Total Carat Weight and Grading
The Federal Trade Commission has strict guidelines about the range of carat weight that a fraction can represent. The chart below outlines acceptable ranges for carat weights expressed as fractions.
• 1/4 carat total weight may be 0.21 to 0.29 carats
• 1/3 carat total weight may be 0.30 to 0.36 carats
• 1/2 carat total weight may be 0.45 to 0.59 carats
• 3/4 carat total weight may be 0.70 to 0.84 carats
• 1 carat total weight may be 0.95 to 1.10 carats
• 1 1/4 carats total weight may be 1.20 to 1.29 carats
• 1 1/2 carats total weight may be 1.45 to 1.55 carats
• 2 carats total weight may be 1.95 to 2.05 carats
If diamond weight is stated as decimal parts of a carat (e.g., .47 carat), the stated figure should be accurate to the last decimal place. If diamond weight is stated to only one decimal place (e.g., .5 carat), the stated figure should be accurate to the second decimal place (e.g., ".5 carat" could represent a diamond weight between .495-.504). Our tolerance for Total Diamond weight measured in decimals is typically -0.02 to +0.05 carats.
The clarity and color of a diamond are graded, but scales are not uniform. We will ensure that all clarity and color grading will be grading accurately according to our best professional opinion and be graded accorded to a generally accepted grading system. All diamond grading will be expressed as averages and may be graded as mounting permits within acceptable tolerance ranges, this includes all purchases that include certificates of Authenticity or Summation of Appraisals which will be done by respectable independent laboratories . Laboratories and may be graded as mounting permits and may be expressed as averages.
- Safe Shopping and Browsing
Website Security
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
Privacy Policy
What information do we collect? We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information? We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, browse the website, or use certain other site features. That information may be used in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a contest, promotion, survey or other site feature.
To send you periodic e-mails about new products or promotions. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below.- How do we protect visitor information? We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks, and is only accessible by a limited number of persons. These individuals have special access rights to such systems and are required to keep your information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above.
Do we use "cookies"? Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you set your browser to allow them). They enable the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved service. In addition, we use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient, and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service. - Do we disclose the information we collect to outside parties? Absolutely not. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Benjamin & Co its officers, directors, employees, agents, licensors, suppliers, affiliates, and parent company. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate, without notice to you, to comply with the law (such as a subpoena or court order), to enforce our site policies, or to protect our or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us? Please send an email to support@BenjaminCompany.com with the subject line “REMOVE”. You email address will be promptly removed from our list.
Third party links. In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy. If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on April 28, 2011.
Questions and feedback. We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy or any other issue.
Online Policy Only. This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions. Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Your consent. By using our site or placing an order, you consent to our privacy policy.
Rev. 4/28/2011There are no refunds, only exchanges will be given. Tennis mountings can only be returned for exchanges. Finished goods can only be exchanged for upgrading of stones of the original size and style purchased. All exchange
