These terms and conditions apply to the MSBLUE Web site located at www.msblue.com and its subsidiaries and affiliates, including MSBLUE's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular MSBLUE product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the MSBLUE Site.
MSBLUE may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which MSBLUE may give by any means, including, without limitation, by posting the revised Conditions on the MSBLUE Site. You are responsible for reviewing the MSBLUE Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the MSBLUE Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, information, data, sound files, and other files and software are the proprietary property of MSBLUE or its affiliates, licensors or users and is protected by the United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the MSBLUE Site is owned by or licensed to MSBLUE. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the MSBLUE Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the MSBLUE Site without the written permission of MSBLUE or any third party that may own such trademarks or service marks. MSBLUE will aggressively enforce its intellectual property rights to the fullest extent of the law.
MSBLUE, the MSBLUE logos, and any other product or service name or slogan contained in our Site are trademarks of MSBLUE and/or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MSBLUE or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MSBLUE" or any other name, trademark, or product or service name of MSBLUE without our prior written permission. All other trademarks, registered trademarks, product names, and MSBLUE names or logos mentioned on our Site are the property of their respective owners.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your MSBLUE account, you can do so at any time by logging into your account and editing your payment information.
Pricing and Availability
All prices are shown in U.S. dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in any applicable taxes.
While we make every attempt to avoid errors in pricing and product information, some information (including prices) may be inaccurately displayed on the Site due to system or typographical errors. We reserve the right to correct any and all errors in pricing or product information when they 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 (at your own expense) or pay the difference between the actual and charged prices.
All of our Products and Services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue offering certain Products and Services without prior notice.
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these 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 MSBLUE, 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 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.
MSBLUE is committed to providing current and accurate information on our websites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate, or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. MSBLUE reserves the right to correct any and all errors when they do occur. MSBLUE apologizes for any inconvenience that this may cause.
MSBLUE holds a dynamic and high volume inventory. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products may appear on the MSBLUE website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from the stated weight. 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.
MSBLUE retains the full unrestricted rights to all jewelry designs, whether custom or standard and may choose to market or sell jewelry based on such designs.
MSBLUE's product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. Additionally, in order to conserve natural resources, and maintain the high quality of our pieces, MSBLUE does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. If you have any questions regarding our policy, please contact our Customer Service: email@example.com.
When you access or use the MSBLUE website or your personalized MSBLUE account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use msblue.com only under the guidance and direction of a parent or guardian. Please note that MSBLUE reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, MSBLUE has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in MSBLUE's sole and absolute discretion.
Receipt of an order confirmation message from MSBLUE only confirms that your order request has been received. Customer orders are not accepted by MSBLUE until the time they have been processed and approved at our headquarters. MSBLUE is not obligated to complete a customer order and reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
MSBLUE may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and MSBLUE is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than MSBLUE and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, regarding this website, MSBLUE, or the MSBLUE products or services that are provided by you to MSBLUE in any form are not confidential and upon submission, shall become the sole property of MSBLUE. MSBLUE shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant MSBLUE and its sublicensees the right to use the name that you submit in connection with such content if they so 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; (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
At times, MSBLUE may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. MSBLUE may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments, and other materials from social media sites, in connection with MSBLUE’s business, product features, marketing, promotional, advertising, and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting MSBLUE and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing, and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact MSBLUE.
MSBLUE’s website and social media accounts include or may include in the future a product review feature, discussion forums, user-generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) 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, statute or regulation, including, but not limited to, 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; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of MSBLUE, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose MSBLUE or its users to any harm or liability of any type.
If you post User Content to our website, email User Content to MSBLUE, and/or provide MSBLUE permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant MSBLUE 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 further grant MSBLUE and sublicensees the right to use the name that you submit in connection with such content if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; (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.
MSBLUE disclaims any responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor shall MSBLUE be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the MSBLUE Interactive Areas is at your own risk. MSBLUE is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Area. Additionally, MSBLUE reserves the right and has absolute discretion, to remove, screen, or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the MSBLUE website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
Product Warranty; Disclaimers
MSBLUE provides consumers a Limited Lifetime Warranty that MSBLUE’s jewels will maintain their brilliance and fire. This warranty does not include loss, theft, disappearance, or loss of the optical properties of brilliance and fire due to incidental or intentional damage such as scraping, breakage, or chipping. This warranty only applies to MSBLUE Moissanite jewels. MSBLUE also provides consumers a Limited Warranty that jewelry purchased from MSBLUE will be free from defects in material and workmanship for a period of twelve months from the date of purchase. For the avoidance of doubt, this Limited Warranty does not cover lab-grown diamond gemstones. For further details and to register the Warranty for products purchased from this Site, visit www.msblue.com/lifetime-manufacturer-warranty.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, MSBLUE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN NO EVENT SHALL MSBLUE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS FROM OR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), OR OTHERWISE, MSBLUE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT THE LIMITATION OF LIABILITY IN ACCORDANCE WITH THIS AGREEMENT, MSBLUE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
THE SITE, THE CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER MSBLUE NOR THE MSBLUE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, THE MSBLUE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE MSBLUE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SERVICES, OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MSBLUE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE MSBLUE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MSBLUE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.
THE MSBLUE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
You agree to defend, indemnify, and hold harmless MSBLUE, its independent contractors, service providers, and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the MSBLUE Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against MSBLUE 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.
Links to other Internet sites and services operated by third parties, including MSBLUE vendors, do not constitute sponsorship, endorsement, or approval by MSBLUE of the content, policies, or practices of such linked sites or services. MSBLUE is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of the content on linked sites or services and the privacy policies and practices of linked sites and services.
Notwithstanding any of these Conditions, MSBLUE reserves the right, without notice and in its sole discretion, to terminate your license to use this site and to block or prevent future access to and use of the Site.
These Conditions contain the entire understanding of you and MSBLUE with respect to the subject matter hereof and supersede all prior agreements and understandings between you and MSBLUE with respect to the subject matter hereof. The failure of MSBLUE at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of MSBLUE to thereafter enforce each and every provision of these Conditions. No waiver by MSBLUE of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) or JAMS in San Francisco County, California, before a mutually agreed-upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have the authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
If you have any questions, please do not hesitate to contact us.
Terms and Conditions updated on May 16, 2018.