Last Updated: February 15, 2011
Thank you for choosing Trade In My Diamond, Inc. (“Trade In My Diamond.com”) and its website www.tradeinmydiamond.com (the “Site”) (Trade In My Diamond and the Site, individually and collectively “TIMD”). By signing this agreement (the “Agreement”), you are signifying your acceptance of the terms and conditions stated herein.
1. Contact Information. You represent and warrant that you have provided TIMD with complete, truthful and accurate contact information and that you will promptly update your contact information if it should change.
2. Majority Age. You represent and warrant that you are over eighteen years of age. TIMD reserves the right to request documentation to verify your age.
3. Ownership Rights in Diamond Jewelry. You represent and warrant that the diamond jewelry sent by you (the “Diamond Jewelry”) to TIMD is owned exclusively by you and, if you are married, your spouse, and that no other person, trust, estate or entity’s permission is required to sell the Diamond Jewelry sent by you to TIMD. You agree to indemnify and hold harmless TIMD, including its employees, subsidiaries, affiliates, successors, heirs, assigns and agents, from and against any claims brought by a third party claiming ownership of any of the Diamond Jewelry purchased from you by TIMD. TIMD WILL NOT PURCHASE DIAMOND JEWELRY WHICH TIMD DEEMS TO BE STOLEN, OF UNCLEAN TITLE, OR OF SUSPICIOUS ORIGIN. PLEASE BE ADVISED THAT TIMD WILL REPORT ALL SUSPICIOUS SHIPMENTS TO LOCAL LAW ENFORCEMENT.
4. Packaging and Shipping. To request a free, insured Diamond Return Pack, please complete the on-line form located on www.tradeinmydiamond.com . Your Diamond Return Pack will be mailed within approximately 24 hours after processing to the address you entered on the on-line form. The Diamond Return Pack has been specially designed to ensure the safety and security of the Diamond Jewelry during shipping. Should we receive a damaged, tampered or opened Diamond Return Pack, TIMD reserves the right to return the package to you without any liability therefore. Please include with your shipment a complete inventory of your Diamond Jewelry. If you have a GIA (Gemological Institute of America) or EGI (European Gemological Laboratory) certification for your diamond, please enclose that as well. In the event your Diamond Return Pack arrives at TIMD and any of your Diamond Jewelry is missing from your Diamond Return Pack and such Diamond Jewelry is not listed on the included inventory list, TIMD will not be responsible for such lost or missing Diamond Jewelry. All Diamond Jewelry which is insured by TIMD must be sent via the U.S. Postal Service (“USPS”) in the Diamond Return Pack and with the label provided to you. Diamond Jewelry shipped through USPS to TIMD in the Diamond Return Pack will be insured for up to $1,000. Please be advised that you are responsible for purchasing any additional insurance for your Diamond Return Pack if you desire to insure coverage in excess of $1,000. You can track your shipment by writing down your USPS Tracking Number located on the front of the Diamond Return Pack envelope and typing in your Tracking Number at www.usps.com. TIMD is expressly not responsible for the contents of the Diamond Return Pack until the Pack arrives at TIMD’s P.O. Box in Shrewsbury, Massachusetts.
WARNING: IT IS A FEDERAL OFFENSE TO SUBMIT FALSE CLAIMS THROUGH UNITED STATES MAIL OR VIA INTERSTATE TELECOMMUNICATIONS DEVICES.
5. Processing. Upon receipt of your Diamond Jewelry, TIMD will photograph and/or videotape your package being opened and the contents of the package. The Diamond Jewelry will then be inspected to determine if it is in acceptable condition for the diamond to be removed and replaced. If the Diamond Jewelry passes the initial inspection, TIMD will determine the replacement value of the diamond (Note: such value is NOT an appraisal) and the cost of the moissanite replacement, including labor, and will subsequently e-mail an offer to you. If you need assistance or have questions about the offer, please contact TIMD’s Customer Service Department at (508) 925-5715 or toll free at 1-855-360-8499 or by e-mail at info@TradeInMyDiamond.com. If you do not agree with the offer, TIMD will return the Diamond Jewelry to you. If you agree with the offer submitted by TIMD, TIMD will replace the diamond with moissanite and send the moissanite jewelry (“Replacement Jewelry”) to you along with a check for the agreed upon offer. TIMD will hold your diamond for thirty (30) days from the date the Replacement Jewelry is mailed to you (“Trial Period”). If you are unhappy with the Replacement Jewelry any time during the Trial Period, please notify TIMD before the expiration of the Trial Period. TIMD will send you a Diamond Return Pack for you to use to return the Replacement Jewelry. You must also return a bank check for the full amount of the agreed upon offer back to TIMD when you return your Replacement Jewelry. TIMD will subsequently replace the moissanite with the original diamond and send the Diamond Jewelry back to you. TIMD will not release your diamond back to you without the returned check for the agreed upon offer. Absent this check, TIMD will place your diamond in escrow until TIMD receives the original amount of the check by money order or bank check or a court order is issued. At the end of sixty days, the diamond will be sold. If any action is brought due to your untimely response or failure to return the amount of the offer, you will be responsible for TIMD’s attorney fees. PLEASE BE ADVISED THAT TIMD WILL BE SELLING YOUR DIAMOND(S) TO A WHOLESALER PROMPTLY UPON THE EXPIRATION OF THE TRIAL PERIOD OR 60 DAYS AFTER THE DIAMOND IS PLACED IN ESCROW.
In the event TIMD makes the determination during the initial inspection that your Diamond Jewelry is not in acceptable condition for the diamond to be removed and replaced, TIMD will contact you via e-mail to inform you of the same and to inquire if you would be interested in selling the diamond outright. If you are not interested in selling the diamond, TIMD will promptly return the Diamond Jewelry to you. If you are interested in selling your diamond, TIMD will determine the value of the Diamond Jewelry (Note: such value is NOT an appraisal) and e-mail an offer to you. If you do not agree with the offer, TIMD will return the Diamond Jewelry to you. If you agree with the offer submitted by TIMD, TIMD will send you a check for the agreed upon offer and TIMD will hold your Diamond Jewelry for thirty (30) days (“Hold Period”), as required by laws in certain states. If you regret your decision to sell your Diamond Jewelry, you may notify TIMD of such decision any time during the Hold Period and TIMD will send the Diamond Jewelry back to you once you have returned the original check for the agreed upon offer. Absent this check, TIMD will place your diamond in escrow until TIMD receives the original amount of the check by money order or bank check or a court order is issued. At the end of sixty days the diamond will be sold. If any action is brought due to your untimely response or failure to return the amount of the offer you will be responsible for TIMD’s attorney fees. PLEASE BE ADVISED THAT TIMD WILL BE SELLING YOUR DIAMOND(S) TO A WHOLESALER PROMPTLY UPON THE EXPIRATION OF THE TRIAL PERIOD OR 60 DAYS AFTER THE DIAMOND IS BEEN PLACED IN ESCROW. If you need assistance or have questions, please contact TIMD’s Customer Service Department at (508) 925-5715 or toll free at 1-855-360-8499 or by e-mail at info@TradeInMyDiamond.com.
6. Shipping by TIMD. All Diamond Return Packs sent by TIMD which contain Replacement Jewelry or your returned Diamond Jewelry will be sent via USPS and will be insured up to $1,000. If you desire any additional insurance coverage, the cost of such coverage will be billed to you by TIMD. TIMD will provide you with Tracking Numbers of the Diamond Return Packs so that you may track your shipment at www.usps.com.
7. Entire Agreement. This Agreement constitutes the entire agreement between you and TIMD and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writing, and representations between you and TIMD and may only be amended upon notice by TIMD. You acknowledge and agree that this Agreement is subject to change by the Company at any time and shall be effective after notice to you via e-mail or by posting at or via hyperlink to the Site.
8. Venue and Jurisdiction. You hereby consent and stipulate to the jurisdiction and laws of the Commonwealth of Massachusetts and you agree that the law of the state in which you reside will not govern this transaction. This Agreement and your use of the Site shall be governed by and construed under the laws of the Commonwealth of Massachusetts except as governed by Federal law. In the case of any litigation regarding this Agreement, you agree that venue for such litigation shall be, depending on the subject matter of the dispute, either in the Massachusetts State Courts or the Federal District Court whose venue includes Worcester, Massachusetts.
9. Unenforceability of Provisions. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.