General Terms and Conditions of Sale
Welcome to our web site. At ManikaTraders.com, or any other ManikaTraders.com web site (collectively, the “Site“), we always appreciate your business. If you would like to provide feedback about the Site, or recommend a way we can improve the buying experience, In addition, we offer the ManikaTraders.com Safe Purchase Guarantee to ensure your comfort when buying on a Site.
ManikaTraders.com (“Manika Traders”, “we”, “our” or “us”) provides services to you subject to the terms and conditions included in this General Terms and Conditions of Sale (“Terms”) and other customer service pages which we have prepared to help make your shopping experience with Manika Traders as enjoyable and problem-free as possible. Please read them carefully. By visiting or using the Site or any other Manika Traders service you acknowledge that you have read and understood, and agree to be bound by, these Terms. You also agree to comply with all applicable laws and regulations, including, without limitation, the United States Copyright and Trademark laws and not to violate any third party rights. In addition, You agree that you will not use, sell or supply any product(s) purchased from Manika Traders in an unlawful manner and, in particular, will comply with all export controls and sanctions rules. If you do not agree to these Terms, please do not use the Site. Please note that we do not assume any responsibility or liability for your reliance on any tax-estimation tool available on Manika Traders’s Site. By purchasing Manika Traders products, you acknowledge that Manika Traders’s approved payment processors will take your payment and approved carriers will deliver your order.
Ownership; Feedback and Copyright
This Site is owned and operated by R2Net Inc., a wholly owned subsidiary of Signet Jewelers. Unless otherwise noted, all design and content included on this Site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Manika Traders (or is used under license to James Allen) and, for the avoidance of doubt, it is protected by United States and international copyright laws, and other laws and regulations.
Use of the Site
Your Account and Placing an Order
Acceptance of your Order
Your Right to Cancel and Refunds
Damaged or Incorrectly Supplied Products
Ownership of User Submissions
Disclaimer of Warranties and Limitation of Liability
Applicable Law; General
The rights and remedies of James Allen set forth in these Terms are not exclusive of, but are cumulative to, any rights or remedies now or subsequently existing at law, in equity, by statute or otherwise.
No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
To the maximum extent permitted by law, any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in New York City, New York.
James Allen reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check this page periodically for changes. You agree that each time you visit any Site, your visit to and use of such Site will be subject to and bound by the then current version of these Terms.
(a) Payment Processing: James Allen provides international payment processing and order fulfillment through one of its designated service providers, Calgary Foreign Exchange Ltd. (doing business as Reach) or JetPay Solutions Ltd (“Payment Gateway“) as the Merchants-of-Record. When placing an order through the Site, your order will be processed using Payment Gateway checkout and payment processing services, and you acknowledge and agree that: (i) your payment transaction will be processed via Payment Gateway, not James Allen, and (ii) upon successful verification and authentication by Payment Gateway of payment information provided by you, Payment Gateway will accept the transaction, and purchase the products from James Allen for the sole purpose of reselling such products to you at a price equal to the amounts presented to and agreed-upon by you. Payment Gateway will provide the merchant or James Allen with its own payment information to purchase the products you have ordered, and Payment Gateway will resell such products to you and bill the payment information you have provided. Payment Gateway acquires flash title to the products when the products exit the jurisdiction of James Allen. After Payment Gateway purchases and takes title to products from James Allen to fulfill an order you have placed, you take title from Payment Gateway before the products enter the jurisdiction that you have designated as your address for delivery. All items purchased from Payment Gateway are made pursuant to a shipment contract. In the event of any disparity or inconsistency between the terms of any shipment contract or order fulfilment terms and these Terms, the terms of these Terms shall prevail to the extent required to resolve the disparity or inconsistency.
(b) Billing: If you provide a credit card as your tender type, your credit card will be billed by Payment Gateway, and charges to your account will be accompanied by the descriptor “Reach” or “JetPay” as applicable, (or such other descriptor as the Payment Gateway may deploy), which denotes the Payment Gateway system, and that the Payment Gateway is the supplier whose products you have purchased through Payment Gateway. If you paid using your PayPal account, charges to your account will be accompanied by the descriptor “MERCHANT VIA PAYMENT GATEWAY” (or such other descriptor as Payment Gateway may deploy). In either case, you will only be billed after your products have been received, processed and dispatched for delivery by Payment Gateway. In the event of the receipt of any parcel from James Allen containing only part of an order, Payment Gateway will process the products received, and will only bill for an amount commensurate with the price of the products therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT (unless Payment Gateway and James Allen offered, and you accepted, the option of having your order shipped DAP (‘delivered at place’)). Notwithstanding the foregoing, in the event of an order being fulfilled by James Allen in multiple parcels, unless expressly consented to by you, in no instance will the aggregate amount billed to you by Payment Gateway exceed the total amount presented at the time of order placement by you. If there is a technical error in the Payment Gateway system which processes or accepts a transaction at an exchange rate which is manifestly off-market, that transaction shall be void.
(c) Prices for the products are available at www.jamesallen.com, but duty charges, VAT, taxes or surcharges levied or charged by the other country in an international order may be applied at the discretion of customs (and these charges differ from country to country and are the customer’s responsibility). Applicable sales taxes will be charged depending on your region. You may pay by PayPal and all major credit cards. The availability of a certain payment method may depend on your geographical location. James Allen may change the prices and the payment methods at any time but this will not affect orders with respect to which we have already sent you a Confirmation Notice.
Customers paying by wire will receive wiring instructions once they have completed the check-out process. We must receive confirmation from our bank that a wire transfer has been completed before items can be shipped. At our sole discretion, we may require bank wire payment for any international order or orders in excess of $20,000.
If you place an order on our Site, then you acknowledge and agree that: (i) James Allen will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent or have the relevant rights to do so; (iii) that James Allen may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by James Allen for any reason from your card issuer, you agree to promptly pay all amounts due upon request.
Date of Last Update of these Terms: July 22nd, 2021.
James Allen’s web site(s) are operated by James Allen Diamonds, Inc. from its offices in Frederick, Maryland. James Allen makes no representations that the contents of any of its web site(s) are appropriate or available for use in other locations. Visitors who choose to access any James Allen web site from other locations do so on their own initiative and are responsible for compliance with applicable local law.
Once again, we thank you for your interest in James Allen. We hope that your experience at any James Allen web site is enjoyable.