Terms & Conditions

TERMS AND CONDITIONS

Welcome to Benjamin Fine Jewelry, the premier provider of high-end jewelry and accessories for customers worldwide. These Terms and Conditions of Use ("Terms") govern your access to and use of our website at www.benjaminfinejewelry.com (the "Site"), our products and services, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the

Site (collectively referred to as "Content"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Product Availability

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

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. 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.

PHOTOGRAPHY

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

Pricing

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 experts at service@benjaminfinejewelry.com

Payment Information

After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.

Diamond Certificates

When you order a loose stone/diamond, we ship it to you with the accompanying gemstone/diamond grading report (also called a certificate). These grading reports are detailed documents created by

grading experts, making it very expensive to replace a diamond grading report. Because of this, we require each grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of US$300 (or equivalent amount in other currencies)..

Comparison Purchasing

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 jewelry experts at service@benjaminfinejewelry, and we would be happy to help you make your choice.

Information On Our Site

We make every attempt to ensure that our pictures are 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, Benjamin Fine Jewelry states that carat total weight in all purchases may vary 0.05 carats from stated weight.

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

At Benjamin Fine Jewelry, we only purchase diamonds through respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. Read more about Benjamin Fine Jewelry's policy on ethical sourcing and the steps we take to ensure our diamonds are from conflict free sources.

Fraud Prevention:

• a)  We take fraud prevention seriously to ensure a safe and secure shopping experience for all our customers.
• b)  In case of suspected fraudulent activity, including but not limited to unauthorized transactions or attempts to manipulate the ordering or return process, we reserve the right to

take appropriate action, including cancelling orders, blocking accounts, and reporting such activities to the relevant authorities.

Compliance with Export and Import Laws:

• a)  You are responsible for complying with all applicable export and import laws and regulations in your jurisdiction.
• b)  You agree not to use our website to purchase or sell products that violate any export or import restrictions or prohibitions.

Discretionary Actions:

1. Benjamin Fine Jewelry reserves the right to take any necessary actions, including but not limited to suspending or terminating user accounts, restricting access to the website, removing content, or pursuing legal remedies, to enforce compliance with these terms and conditions or protect the rights, safety, and integrity of our website, users, or third parties.

Governing Law and Jurisdiction:

• a)  These terms and conditions shall be governed by and construed in accordance with the laws of Thailand.
• b)  Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Thailand.

SHIPPING AND DELIVERY

We use trusted shipping partners to deliver our products to customers worldwide. Please note that we are not responsible for any delays or errors caused by shipping partners. We will provide tracking information once your order has been shipped.
We make every effort to ensure that your order is delivered within the estimated delivery times stated on the Site. However, delivery times may vary due to unforeseen circumstances or factors beyond our control. If your order is delayed, we will notify you as soon as possible.

RETURNS AND REFUNDS

We want you to be completely happy with your purchase from Benjamin Fine Jewelry. If for any reason you are not satisfied with your purchase, you may return it within 10 days of receipt for a refund or exchange, provided that the product is in its original condition and packaging. For more information please go to our Return and Exchange Policy.

INTELLECTUAL PROPERTY

The Site and all Content contained on the Site, including but not limited to text, graphics, logos, images, and software, are the property of Benjamin Fine Jewelry or its licensors and are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works based on any of the Content without our prior written permission.
The Benjamin Fine Jewelry name and logo are registered trademarks of Benlucky Diamonds Co Ltd and may not be used without our prior written permission. All other trademarks, service marks, logos, and trade names appearing on the Site are the property of their respective owners. Ownership: All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Benlucky Diamonds Co Ltd (operating as Benjamin Fine Jewelry) or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Benlucky Diamonds Co Ltd and protected by international copyright laws. All software used on this site is the property of Benjamin Fine Jewelry or its software suppliers and protected by international copyright laws.

Trademark: The trademarks, names, logos, and service marks (collectively "trademarks") displayed on this website, including but not limited to "Benjamin Fine Jewelry," are registered and unregistered trademarks of Benlucky Diamonds Co Ltd. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Benlucky Diamonds Co Ltd.
Copyright: The entire content included in this site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Benlucky Diamonds Co Ltd. The collective work includes works that are licensed to Benjamin Fine Jewelry. All rights reserved.
Restrictions on Use: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website. You may not use any of the trademarks displayed on the website, or any other content on the website, except as provided in these Terms and Conditions. Patent: Certain products and/or designs within this website are patented or patent-pending under the laws of the United States and other countries. Unauthorized reproduction, copying, or use of these patented designs is strictly prohibited.
Protection of Rights: Benlucky Diamonds Co Ltd will actively and aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution when warranted.
By using this website, you agree to respect the intellectual property rights of Benlucky Diamonds Co Ltd and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website. If you believe your intellectual property rights are being infringed upon by our website content, please contact us at Support@benjaminfinejewelry.com immediately.

DMCA Policy

Welcome to Benjamin Fine Jewelry's website, www.benjaminfinejewelry.com (the "Site"). We are committed to complying with the Digital Millennium Copyright Act ("DMCA") and have implemented this policy to address copyright infringement claims on the Site.

Notification of Copyright Infringement

If you believe that your copyrighted work has been infringed on the Site, please provide us with a written notice of the claimed infringement that includes the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of
   infringing activity and that is to be removed or access to which is to be disabled, and
   information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement by you that you have a good faith belief that use of the material in the manner
   complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of
   perjury, that you are authorized to act on behalf of the copyright owner.

You can submit your notification to us by email at Support@benjaminfinejewelry.com.

ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receive electronic communications from us, including emails, texts, and other electronic messages. You agree that all agreements, notices, disclosures, and other

communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify us by providing our copyright agent with the following information:
(a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(b) identification of the copyrighted work that you claim has been infringed;
(c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(d) your name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our designated copyright agent for notice of claims of copyright infringement on the Site is: Benjamin Fine Jewelry Attn: Copyright Agent 5th Floor, Maneeya Center Building, 518/5
Ploenchit Road, Lumpini, Pathumwan, Bangkok 10330 Thailand
Email: support@benjaminfinejewelry.com

THIRD-PARTY LINKS

Our website may contain links to third-party websites or services that are not owned or controlled by Benjamin Fine Jewelry. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Benjamin Fine Jewelry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

DISCLAIMER

LIMITATION OF LIABILITY

IN NO EVENT SHALL BENJAMIN FINE JEWELRY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF BENJAMIN FINE JEWELRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF BENJAMIN FINE JEWELRY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BENJAMIN FINE JEWELRY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. BENJAMIN FINE JEWELRY, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BENJAMIN FINE JEWELRY DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED

FROM THE USE OF THE PRODUCTS OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Benjamin Fine Jewelry, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Products or Services, your violation of these Terms, or your violation of any rights of any third party.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Thailand, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms or your use of the Site shall be resolved exclusively in the courts of Thailand.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Benjamin Fine Jewelry with respect to the use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Benjamin Fine Jewelry.

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

WAIVER

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce such provision.

FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. Thank you for taking the time to read these Terms and Conditions. By using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our website.

GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Thailand. Any dispute or claim arising out of or in connection with these Terms or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Thailand.

MODIFICATIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Site and updating the “Effective Date” at the top of these Terms. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

CONTACT INFORMATION

If you have any questions about this Agreement or the Site, please contact us at service@benjaminfinejewelry.com

Copyright © 2023 by Benlucky Diamonds Co Ltd. All rights reserved.

Welcome to Benjamin Fine Jewelry, an esteemed luxury jewelry company that prides itself on delivering unparalleled quality and craftsmanship. Our website, www.benjaminfinejewelry.com, is owned and operated by Benlucky Diamonds Co Ltd, a registered company in Thailand, operating under the name Benjamin Fine Jewelry.

As a luxury jewelry company, we invest significant resources into creating exceptional pieces that speak to the heart of every discerning customer. As such, all content, designs, graphics, logos, text, and images on our website are protected by copyright law. Any unauthorized use, copying, reproduction, modification, distribution, or other exploitation of our copyrighted materials is strictly prohibited without our prior written consent.

Our goal is to provide an unparalleled shopping experience to customers worldwide, including in the United States (California), Europe, the United Kingdom, Asia, Australia, and the Middle East. For domestic orders within the United States, we will ship from our base in New York and not charge for shipping. However, we will charge a fee for international orders to ensure the authenticity of orders and prevent fraudulent returns. Customers are responsible for any applicable taxes and duties.

We accept payment via credit card and TT (wire transfer through the bank) and employ the latest encryption and security technologies to protect your personal information. Our items are high-end, and we take extra care to ensure their authenticity and quality. Therefore, we reserve the right to verify and authenticate all orders, including international ones, to prevent fraud and protect our customers.

We are committed to providing excellent customer service, and our team is always available to assist you with any inquiries or issues. We are committed to protecting your personal information and privacy, and we will never disclose your information to any third party without your consent, except in the case of legal proceedings or where required by law.

In the event of a return or exchange, we have a strict policy to ensure that customers are satisfied with their purchase. If you are unsatisfied with your purchase, please contact our customer support team within seven (7) days of receipt of the item to request a return or exchange. If approved, we will review your request and issue a return or exchange authorization.

Please note that any items that have been used, altered, or damaged in any way are not eligible for return or exchange. Additionally, we reserve the right to refuse any return or exchange request that we deem fraudulent or violates our policies.

We take pride in our unique and exclusive designs, and as such, we vigorously protect our intellectual property rights. Any unauthorized use, copying, reproduction, modification, distribution, or other exploitation of our designs, including any similarities or derivatives thereof, is strictly prohibited without our prior written consent.

Our website may contain links to third-party websites not owned or operated by Benjamin Fine Jewelry. We are not responsible for these websites' content, policies, or practices, and we encourage our customers to review their policies and procedures before engaging with them.
We reserve the right to modify, update, or revise our copyright notice at any time without notice. Please check back regularly for updates.

Thank you for choosing Benjamin Fine Jewelry, and we look forward to serving you with the highest level of excellence and professionalism.