Four Mine Inc. / With Clarity (“With Clarity,” “we,” “us,” “our,” “www.withclarity.com”) provides services and products subject to terms and conditions that govern your use of withclarity.com or any related With Clarity / Four Mine sites.
We reserve the right, at our sole discretion, to modify, change, add or delete any portion of these Terms & Conditions without notification. It is your responsibility to periodically review the Terms & Conditions. By visiting or using With Clarity or purchasing With Clarity products, you acknowledge that you have read, understood and agreed to all of the Terms & Conditions outlined on withclarity.com. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws.
Product Pricing and Availability
Product data and pricing information, are updated regularly to represent the most current or up to date information available to us. Occasionally, product and pricing information may be inaccurately displayed or represented on our site or by our representatives/employees due to typographical, system, or other errors. We make every effort to avoid such errors. We reserve the right to correct any and all pricing and product information errors. In the occasion that such an error does occur, With Clarity does not honor erroneous pricing or product information. In the event of an error or misrepresentation, we will employ our best efforts to notify you via email or telephone. If the error is discovered prior to shipment of a product sold on With Clarity, we will notify you, cancel the order and provide accurate product and pricing information. With Clarity reserves the right to cancel an order for any reason such as pricing errors, failure to receive timely payments or any use or cause deemed appropriate or necessary by With Clarity. If the order has already shipped, we will require that you return the product(s) unused, pay the difference between the actual and charged price or purchase an alternative product(s).
Our product prices and availability are subject to change without notice. If a product is no longer available because it was sold, inaccurately represented or it was not updated at the time of your order in our system, we will notify you accordingly and offer a similar product(s). If an product of interest is no longer available, please contact us and we can let you know when the product or a similar product will be available. We apologize in advance for any issues or inconveniences this may cause.
Orders created with bank wire transfer are only confirmed or deemed valid orders once a payment is made and received by With Clarity. Diamonds are placed on hold for a period of no more than 24 hours after the bank wire order is created. Diamonds are then made available to other customers for purchase or sale.
Customer must express the return request in writing or via email to [email protected] Returns must occur within 30 calendar days of receipt of products. Orders are considered final sale after 30 days from receiving the order, as verified by the official FedEx tracking information. Returns must be made in the original condition in which the item was received. All returns are subject to inspection of returned items, help solely at the discretion of With Clarity. Diamonds above 1.99 carats are subject to GIA verification and re-certification, which can take up to two weeks or less. Customers are limited to one product return within a six month period. Any subsequent sales are final and the 30-day return policy is not applicable. This policy is inclusive of exchanges on diamonds and/or ring settings.
With Clarity makes all reasonable efforts to display the products listed for sale on its website(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. With Clarity cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. All With Clarity product displays and images are intended representations and may contain inaccuracies that differ from saleable products. With Clarity may improve the quality of its products occasionally, which may not be represented in its on-site product descriptions. In addition, With Clarity does not warrant that product descriptions or other content are accurate, complete, reliable current or error-free. While With Clarity makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, With Clarity reserves the right to refuse sale that item.
Use of Website
With Clarity’s website(s) and content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of any With Clarity website or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any With Clarity website. However, you may download, electronically copy and print any of the content of a With Clarity website for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any With Clarity website in any manner that may be harmful to the operation of the website or its content.
The Website and the Services (collectively, the “With Clarity Properties”) are protected by copyright laws throughout the world. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other With Clarity Properties (including images, text, page layout or form) of With Clarity; (b) you shall not use any metatags or other “hidden text” using With Clarity’s name or trademarks; (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (d) you shall not access With Clarity Properties in order to build a similar or competitive website, application or service; and (e) except as expressly stated herein, no part of With Clarity Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to With Clarity Properties shall be subject to the Terms. With Clarity, its suppliers and service providers reserve all rights not granted in the Terms.
Modification of Website
Should you create an account on withclarity.com, it is solely your responsibility to maintain the confidentiality of account and restrict access to electronic devices in which you log onto With Clarity. You are responsible for all activities and website interaction that occur under your username and password. All users under the age of 18 must be accompanied by a parent or guardian. With Clarity reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.
Ownership & Copyright
Withclarity.com is owned and operated by Four Mine Inc.. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of With Clarity (or is used under license to With Clarity) and is protected by United States and international copyright laws.
With Clarity, withclarity.com and other marks indicated on With Clarity’s website are trademarks and/or service marks of With Clarity and its affiliates. Any name or slogan contained on our website are trademarks of With Clarity and its suppliers or licensors and may not be copied, imitated or used in any way without prior expressed written consent from With Clarity or the applicable trademark holder.With Clarity’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not With Clarity’s, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits With Clarity.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, With Clarity may terminate and bar, in appropriate circumstances and at With Clarity’s sole discretion, website users or account holders who are deemed to be repeat infringers. With Clarity 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.
Comments & Suggestions
Our goal at With Clarity is to provide you with the best possible service and experience. We encourage comments and suggestions aimed at improving your customer experience. All comments and/or suggestions you submit must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.With Clarity is entitled to unrestricted use, commercial or otherwise, of any comments, suggestions or feedback you provide.
With Clarity’s website(s) contain links to web sites that are not maintained by With Clarity. We try to include links to only those web sites that are appropriate, in good standing and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such websites will not change without our knowledge. The inclusion of a link in this website does not imply With Clarity’s endorsement of the website. If you decide to use any links to access other websites, you do so at your own risk.
Disclaimer of Warranties
The materials and information provided by With Clarity on any of its websites are provided on an "as is" and "as available" basis. With Clarity makes no representations or warranties of any kind, express or implied, as to the operation of its website(s)or the information, content, materials or products included on its website(s). You agree that your access to and use of all With Clarity website(s) is at your own risk.
To the fullest extent applicable by law, With Clarity disclaims all warranties, express or implied, including, without limitation, implied warranties of merchant ability and fitness for particular purpose. With Clarity does not warrant that its website(s), its servers, or email sent from With Clarity are free of viruses or other harmful components. With Clarity will not be liable for any damages of any kind arising from the use of this site including, without limitation, any direct, indirect, incidental, punitive or consequential damages.
Limitation of Liability
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that With Clarity is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall With Clarity’s aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to With Clarity by you for accessing With Clarity’s website(s).
Notwithstanding any of these Terms and Conditions, With Clarity 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 website.
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 New York, applicable to agreements made and to be entirely performed within the State of New York, 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 New York County, New York 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.
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.
By utilizing With Clarity’s Home Preview program, the customer agrees to all of the following:
- By accepting these terms and conditions, the customer agrees to a $5.00 per home preview ring charge as authorization and verification of customer billing information. This information is held in confidence and is solely for the purpose of incidentals billing and identity verification. The $5.00 per home preview ring USD charge will be processed for refund after the replica rings are returned to With Clarity, inspected and deemed undamaged and in their original condition.
- The customer accepts a $50 USD charge per replica ring in the event that the customer fails to return the replica rings for any reason or returns the rings damaged and not in the original condition they were received. With Clarity will repair damages at best efforts and will bill the customer the lesser cost of repair or replacement. Home Preview rings are not for sale and are not eligible for repairs or warranties.
- The customer is limited to two replica rings per order, with a limitation of two home preview orders over a six month period. After six months, the customer may order additional replicas, subject to the same aforementioned rules. With Clarity may allow additional replica orders beyond two orders on its own discretion.
- All replica orders ship free of charge to and from the customer. Should the customer require rush delivery or any non-standard shipping method, additional fees may apply. Shipping upgrades are possible for an additional applicable fee. Please contact With Clarity at 1-844-234-6364 for details.
- The replica rings must be returned in their original packaging. The customer need not return the included paperwork such as the brochure and replica packing slip.
- The customer may possess the replicas for a period of three days from receipt. Failure to return replicas after a three day rental period may result in a charge of $50 USD per replica ring. With Clarity maintains discretion on extending the replica rental period for the customer.
- The customer is liable for damage, loss, theft and incidentals for each replica ring in his/her possession. The customer is not liable for loss or theft during shipping to or from the customer. Damage inspection and determination is solely the discretion of With Clarity.
- All replica rings mimic With Clarity engagement rings and may vary slightly from the final product. Each ring is a silver-based metallic alloy and all center and accent gemstones are diamond simulants. Replica rings are intended for visual purposes, not extended wear, which may result in damage or tarnish. Replica alloys are not hypoallergenic and can cause an allergic reaction from extended wear.
- This service is currently available only within the United States.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our representatives at [email protected] or 1-844-234-6364. For written inquiries, please submit to Service at 38W 48th Street, 5th floor,New York, NY 10036.