Terms & Conditions
These terms and conditions apply to the MiaDonna® Web site located at www.miadonna.com and all associated Web sites linked to www.miadonna.com by MiaDonna®, its subsidiaries and affiliates, including MiaDonna® 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 MiaDonna® Site, and constitute an agreement between you and MiaDonna®. MiaDonna® 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
The stock availability on our website is listed "as is" and is subject to change. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
From time to time some of our products are discontinued or not available. We reserve the right to discontinue any product(s) at such time as considered necessary. In the event MiaDonna products are discontinued or obsolete, the customer shall be entitled to a replacement of the discontinued product with one of equal or lesser value at no cost.
If you're interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Jewelry that has previously been available on miadonna.com is subject to removal at any time by MiaDonna & Co.'s sole discretion.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor 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 that this may cause. If you have any questions, please do not hesitate to contact one of our Diamond and Jewelry Consultants at firstname.lastname@example.org or 866-996-9642.
We do not negotiate prices on our products and all our prices are final.
All SALE items including, but not limited to Engagement Rings, Wedding Ring Sets, Loose Stones, and Earrings are ready-to-ship in new, unworn condition.
SALE items are not eligible for refund, however, will be accepted for exchange as long as the item has not been re-sized or altered in any way. Exchange is only available on goods of equal or greater value than those being exchanged.
SALE items will ship same business day, if ordered before 11am PST. All Engagement Rings and Wedding Ring Sets can be re-sized, up or down, typically about half a size. Re-sizing a ring will add approximately 4 business days to your estimated shipping date and cost an additional $25.00-$35.00. Minor custom ring work like engraving may also be purchased. Coupons and/or special offers cannot be applied to any items on sale unless specified otherwise.
5% off coupon codes are not valid on Lab-Created Diamonds, Lab-Created Gemstones, Sale Items, Custom Orders, or services such as cleaning, repairs, resizing and overnight shipping.
Home Try-On Program
MiaDonna offers a simple and convenient three (3) day home-try on program to help you choose the perfect conflict-free engagement ring and/or wedding band. Simply choose three (3) sample setting styles from our home try-on collection and we will ship them to you, along with a pre-paid return shipping label, for free.
To ensure the rings are returned in the same condition they were received, we will place a $75 ($25 per alloy setting) authorization on the credit card used to check out. This authorization is used as a guarantee in the event that the sample rings are not returned within the allocated timeframe. Providing the home try-on package is returned with all samples in original condition, your $75 authorization will be cancelled and will typically disappear from your bank account within 48 hours.
When you use our home try-on program, you agree to return all home try-on sample settings to us in their original condition within the three day try-on period, using the prepaid return label and packaging we provide. If the try-on period ends, and any of the sample settings have not been returned, or the settings are returned damaged, we will charge your credit card for the full amount of each sample setting that is missing or damaged ($25.00 per sample setting / $75.00 total). This also applies to sample settings that are lost or stolen.
In order to avoid a $75.00 charge, your home try-on package will need to be postmarked (on its way back to MiaDonna) by the third full business day after delivery. If your home try-on period ends on a weekend or holiday, just drop the return package to your local UPS store on the next available business day. While we ask that packages be shipped back to us within the 3-day trial period, we understand things come up. If you need a little extra time to decide, no problem, just contact a MiaDonna Personal Shopper on (503) 336-1581 or at email@example.com to arrange an alternative ship-back date. We’re available to take your phone call or email 9am PST to 3:30pm PST Monday through Friday.
The MiaDonna home-try on program is currently available within the United States (excluding Hawaii and Alaska).
While our sample settings accurately represent style, they in no way reflect the final quality or craftsmanship of a MiaDonna setting. If you are even slightly impressed with the quality of our alloy samples, we guarantee you'll love the quality, beauty and craftsmanship of your final ring.
For more information, click here
Man Made Diamond Certificates
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly respected diamond laboratories - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned man made diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.
To keep our prices low, we do not allow 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 causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our Diamond and Jewelry Consultants at firstname.lastname@example.org or 866-996-9642, and we would be happy to help you make your choice.
Information on our Site
At MiaDonna®, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, MiaDonna® states that carat total weight in all purchases may vary 0.05 carats from stated weight. or total carat weight may vary based on individual ring size on rings with accenting multiple diamonds.
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.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. 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
MiaDonna® believes that the only way a diamond can be 100% ethically sourced is to make them in a modern-day lab environment.
The technology used to make the Diamond Hybrid® and Man-Made Diamonds does not allow us the ability to create stones smaller than a 0.25ct at this time. We are constantly researching and continually working on developing this technology.
All of our accenting diamonds under 0.20ct are earth-mined. We reuse chips from bigger diamonds, as well as, "recycled" diamonds from "recycled" settings. We also get our recycled earth-mined diamonds from a source that honors the Kimberley Process. MiaDonna® only uses earth-mined diamonds where ABSOLUTELY necessary.
Please check out our foundation, The Greener Diamond.
The Site and all content and other materials, including, without limitation, the MiaDonna® 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 MiaDonna® or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
MiaDonna, The Future of Diamond, Eco Diamond, The Greener Diamond, the MiaDonna® logos, and any other product or service name or slogan contained in our Site are trademarks of MiaDonna® and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MiaDonna® or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MiaDonna®" or any other name, trademark or product or service name of MiaDonna® without our prior written permission. All other trademarks, registered trademarks, product names and MiaDonna® 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 MiaDonna®, 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.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, MiaDonna® has adopted a policy of terminating and barring, in appropriate circumstances and at MiaDonna®'s sole discretion, site users or account holders who are deemed to be repeat infringers. MiaDonna® 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
MiaDonna® may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. MiaDonna® does not monitor or have any control over any Third Party Content or third party Sites. MiaDonna® does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. MiaDonna® 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
MiaDonna® 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 MiaDonna®, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. MiaDonna® 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- MiaDonna® advertisers on our Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, designs, original or creative materials or other information, regarding this site, MiaDonna®, or our products or services that are provided by you to MiaDonna® are non-confidential and shall become the sole property of MiaDonna®. MiaDonna® 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 MiaDonna® and its affiliates and sublicensees 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. MiaDonna owns exclusive rights to all custom jewelry designs, 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.
Product Reviews and User Content
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 third parties 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:
1. Any message, 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;
2. 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;
3. 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;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of MiaDonna®, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose MiaDonna® or its users to any harm or liability of any type. 9.
If you post User Content to our Site, unless we indicate otherwise, you grant MiaDonna® 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 MiaDonna® and its affiliates and sublicensees 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.
Approval Considerations for Website Reviews
Whatever you write, please be polite! Any reviews that contain inappropriate material will not be approved. This may consist of, but is not limited to:
• URLs or links of any kind,
• Derogatory or discriminatory language, profanity, sexually explicit or offensive material,
• Talk or information on pricing,
• Infringement upon copyrights or trademarks,
• Spam, images, logos, or links from competitors' sites,
• Negative or disparaging comments about other users or MiaDonna® in general,
• In addition, if you have feedback about a problem with a product or any customer service issues, it's always best to contact us directly.
Celebrity Couple Submissions
NO PURCHASE NECESSARY. Submit your testimonial/review via one of these options: http://www.miadonna.com/t-Celebrity-Couple.aspx
1. Being a MiaDonna® Celebrity Couple is open to anyone who has purchased or been given a MiaDonna® product within the domestic US as well as all our international friends who can receive packages from Fed Ex, 18 years of age and older. Celebrity Couple’s are responsible for any duties and taxes they may incur by accepting the complimentary 0.50ctw MiaDonna Diamond Hybrid® earrings as part of their Celebrity Couple package.
2. All testimonial/review submissions including text, images and videos will become the property of MiaDonna® and may be used on MiaDonna.com, in social media, advertising, etc.
3. One Celebrity Couple will be selected at random by MiaDonna® from all eligible submissions, once a quarter (4 times a year). The chosen Celebrity Couple will be notified by email that they were selected as MiaDonna’s Celebrity Couple and to confirm the shipping address for their complimentary gift. Return of the selection notification as undeliverable will result in an alternate Celebrity Couple to be chosen.
4. Changes in gift selection shipped to the Celebrity Couple may occur due to availability of styles, stones and unforeseen circumstances. MiaDonna® is not responsible or obligated in any way to guarantee the exact gift be delivered to the Celebrity Couple. In the event that the exact gift described is not available, a comparable gift will be chosen by MiaDonna®.
5. No transfers, substitutions in gift or cash will be allowed.
6. The chosen Celebrity Couple must comply with all instructions in the Celebrity Couple notification email, including a written statement in your response releasing liability to publicity, and respond within 3 days of the date on the Celebrity Couple notification email; otherwise an alternate Celebrity Couple will be selected.
7. By submitting your testimonial/review and/or by accepting your complimentary Celebrity Couple gift, you agree to be bound by these terms and to release MiaDonna® from any and all liability arising out of your participation with respect to the selection, receipt, use and/or misuse of any complimentary gift.
8. Liability for any applicable taxes (domestic or international) will be the sole responsibility of the chosen Celebrity Couple. Any required tax reporting forms will be furnished to the Internal Revenue Service.
9. Submissions that are lost, illegible or incomplete for any reason will not be eligible in the Celebrity Couple selection process. MiaDonna® reserves the right to modify or terminate this promotional package or disqualify any submission in the event of technical impairment by computer virus or otherwise. In the event of a dispute concerning the identity of the person submitting a testimonial/review, the submission will be deemed to be submitted by the person in whose name the email account is registered. By submitting a testimonial/review, you agree to be bound by these terms and you give your express permission to be contacted by MiaDonna® by e-mail and/or mail.
You agree to defend, indemnify and hold harmless MiaDonna®, 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 MiaDonna® 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 MiaDonna®, 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. MiaDonna® 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. MiaDonna® DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MiaDonna® 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 MiaDonna®, 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 MiaDonna®, 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 MiaDonna®'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 Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, 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 Washington County, Oregon 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 MiaDonna® 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.
Notwithstanding any of these Terms and Conditions, MiaDonna® 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 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 and Jewelry Consultants at email@example.com or 866-996-9642. These Terms and Conditions do not apply to content provided by the Jewelers Mutual Insurance Company. Terms and Conditions updated on September 19th, 2016.