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Intro

These terms and conditions apply to the Astteria site located at www.astteria.com, and all associated websites linked to www.astteria.com by Astteria, its subsidiaries, and affiliates, including Astteria’s sites around the world. Please read these terms and conditions (the 'Terms and Conditions) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions apply to your use of any purchase from Astteria and serve as an agreement between you and Astteria. Astteria reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the site at any time, and at its sole discretion. Any change or modification will be effective immediately upon posting the revisions on the site. Your continued use of the site following the posting of these changes or modifications will act as your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time to time to understand the terms and conditions that apply to your use of the site. If you do not agree to the amended terms, you must stop using the site.

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 canceled due to the unavailability of a product. You acknowledge that products may sell quickly and there may be a short period after an order has been submitted when a product can suddenly become unavailable. According to these terms, you agree that we may cancel your order after you have received an Order Confirmation without penalty in such cases.

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. In cases such as these, you agree that we may revoke our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to its unavailability.

If you're interested in a piece of jewelry that is currently on backorder, you may call us and we can tell you when the item will be restocked. There are times, due to the high number of orders that we receive, when an item may go out of stock before we can post a notification on the Site. Should this happen, we will contact you directly to discuss alternative options.

Pricing

A great deal of effort has been made to make sure that all of the prices listed on the Astteria website are precise. However, on rare occasions, there may be instances where an error in pricing has been made as a result of a technical glitch. When this occurs, Astteria reserves the right to alter or change the product price at any time. Any and every change which appears on the site is considered applicable and effective immediately.

Similarly, the availability of our items is subject to approval as products can be acquired before there has been time to remove them from the website.

Policy on Ethical Sourcing

We are proud members of major diamond exchange centers as well as members of the World Federation Diamond Bourses (WFDB), which meet the highest standards of trade ethics. Additionally, we comply with the Kimberley Process>

Site Content

The Site, all its content, and other materials including, and without limitation to the Astteria logo, all designs, text, graphics, pictures, selection, information, data, software, sound files, and other files (all Site materials) are the proprietary property of Astteria or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Trademarks

Astteria’s unique custom design options, the Astteria logos, and any other product or service, name, or slogan contained in our Site are trademarks of Astteria and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Astteria or the applicable trademark holder. You are forbidden from using any metatags or any other "hidden text" utilizing Astteria or any other name, trademark, or product, or service name of Astteria without our prior written permission. All other trademarks, registered trademarks, product names, and Astteria names, or logos mentioned on our Site are the property of their respective owners.

Use of the Site

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials; (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 Astteria, 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 Terms and 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.

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Astteria has adopted a policy of terminating and barring, in appropriate circumstances and at Astteria’s sole discretion, site users or account holders who are deemed to be repeat infringers. Astteria 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.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Astteria by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to legal@astteria.com.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • 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 Astteria to locate the material
  • Information reasonably sufficient to permit Astteria to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted
  • A statement that the complaining party has 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 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alternatively, you may reach the Astteria Legal Department with a valid inquiry as follows:
Copyright Agent
Astteria Legal Department

Mailing address:
Astteria LTD
2nd floor, Thavies Inn House, 3/4 Holborn Circus, Holborn, London EC1N 2PL
Phone: +44 20 3826 8605
Email: legal@astteria.com

Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).

Third-Party Content

Astteria may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Astteria does not monitor or have any control over any Third Party Content or Third Party Sites. Astteria does not endorse any Third Party Content and can guarantee its accuracy or completeness. Astteria does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, regarding this site, Astteria, or our products or services that are provided by you to Astteria are non-confidential and shall become the sole property of Astteria. Astteria will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Astteria and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they 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, and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

Product Reviews and User Content

Our Site includes a product review feature and includes or may include in the future discussion forums, user-generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials, or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

Any message, data, information, text, music, sound, photos, video, graphics, code, or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
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, including, without limitation, 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;
User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Viruses, corrupted data or other harmful, disruptive, or destructive files; and
In the sole judgment of Astteria, User Content is objectionable or restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Astteria or its users to any harm or liability of any type.
Astteria takes no 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 is Astteria liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Astteria is not liable for any statements, representations, or User Content provided by its users in any public forum, the personal home page, or other Interactive Area. Although Astteria has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Astteria reserves the right and has absolute discretion, to remove, screen, or edit any User Content posted or stored on our Site 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 Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. To cooperate with legitimate governmental requests, subpoenas or court orders, to protect Astteria’s systems and customers, or to ensure the integrity and operation of Astteria’s business and systems, Astterua may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Astteria’s right to disclose any such information shall govern over any terms of Astteria’s Privacy Policy.

If you post User Content to our Site, unless we indicate otherwise, you grant Astteria and its affiliates 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 grant Astteria and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading, and (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.

Indemnification

You agree to defend, indemnify, and hold harmless Astteria, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Astteria 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.

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ASTTERIA, THIS SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS'' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ASTTERIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. ASTTERIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ASTTERIA DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASTTERIA, THIS SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS'' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ASTTERIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. ASTTERIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ASTTERIA DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL ASTTERIA, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA. THIS IS TRUE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS, AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE. THIS INCLUDES WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ASTTERIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ASTTERIA’S RECORDS, PROGRAMS OR SERVICES.

Applicable Law and Venue

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 Israel applicable to agreements made and to be entirely performed within the State of Israel, 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 Israel 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.

Modification and Notice

You agree that Astteria may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Termination

You agree that Astteria may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason is 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.

Questions

If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at support@astteria.com or +1.888.232.2352

Terms and Conditions updated on April 20th, 2021.

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