TERMS & CONDITIONS
Blue Diamond of Texas, LLC ("BDT") in San Antonio, Texas, is a unique luxury shop trading in quality new and estate merchandise including jewelry, diamonds, watches, designer handbags, coins, currency, precious metal bullion and so much more. We are licensed by the Texas Department of Licensing and Regulation, registered with the Texas Office of Consumer Credit, listed with the Jewelers Board of Trade, and members of the Gemological Institute of America Alumni Association and the American Numismatic Association. Please see our reviews on Google and Yelp. When you deal with us, you can deal with confidence.
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The following General Terms and Conditions apply to all dealings and transactions between the customer, its affiliates, and successors (collectively, “Customer”) and BDT. Customer and BDT agree to be bound by all of these General Terms and Conditions.
Our Guarantee
Material identified as gold, silver, platinum or palladium is guaranteed to be the material described. Gemstones, including diamonds, are guaranteed to be authentic, & all diamonds are natural unless specified otherwise. Branded merchandise is guaranteed to be authentic. When any item is graded, every attempt is made to grade conservatively. Refer to our return policy for additional information. Aside from these General Terms and Conditions, and any additional offer or claim that may be stated within BDT's description of an individual item, no other warranty is expressed or implied. Please consider your purchase carefully before buying.
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Return Policy
Returns and exchanges, if any, are at the sole discretion of Blue Diamond, and must be made within 7 days of receipt of goods. Any return must be accompanied by the original invoice and must be in the same condition as when shipped. Absent a material misstatement of fact by BDT, refunds will be made minus a 10% restocking fee; shipping charges will not be refunded.
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Lay-Aways
At the sole discretion of BDT, a lay-away may be available upon payment of a minimum of 20% of the purchase price, with full payment due from the Customer within 30 days of the date of sale. In the event of default, the lay-away agreement will terminate, the merchandise will be returned to inventory, and the Customer will be responsible for a 20% restocking charge.
Customer Authorization
Customer authorizes BDT to make such credit, criminal and other background investigations of customer as BDT deems appropriate.
General Limitations
These General Terms and Conditions supersede any prior agreements between BDT and customer; constitute the entire agreement and understanding between BDT and customer concerning the subject matter hereof; may only be modified or amended by written instrument executed by BDT and customer; and do not inure to the benefit of any third person or create a basis for third-party cause of action.
Customer agrees to notify BDT in writing within 30 days after a purchase, sale or other transaction of any dispute, after which customer's right to file any claim for any reason shall expire.
The rights and obligations of BDT and customer provided for in these General Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas, excluding its choice-of-law principles.
Indemnity
If customer fails to comply with any of its obligations, representations, or warranties herein, customer will indemnify, defend, and hold BDT harmless from any and all injuries, costs, suits, and expenses, including, but not limited to, attorneys’ fees, that BDT may incur as a result of such failure by customer.
If any provision of these General Terms and Conditions is found by a court of competent jurisdiction or an arbitrator to be wholly or partly invalid, the remaining provisions will nonetheless be valid and enforceable. BDT’s waiver or forbearance to enforce its rights regarding any customer breach of these General Terms and Conditions will not operate or be construed as a waiver of any subsequent breach by customer or a waiver of other BDT rights.
Arbitration
Customer and BDT agree that any claim or dispute between them arising from any dealing or transaction between them or from these General Terms and Conditions (collectively, a “dispute”) will be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, if applicable, or otherwise pursuant to the Texas General Arbitration Act, before a single arbitrator in San Antonio, Texas in accordance with the rules and procedures of the American Arbitration Association for commercial arbitration and will be governed by the applicable provisions of these General Terms and Conditions. BDT does not consent to any class arbitration or representative arbitration proceeding. Customer and BDT waive any right to arbitrate any dispute or to pursue relief against the other in a class arbitration or other representative proceeding, and agree that each may bring claims against the other only in an individual capacity. Unless BDT and customer agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any decision rendered in such arbitration is binding on each party, and judgment may be entered in any court of competent jurisdiction. Fees and expenses of the arbitrator and arbitration will be divided equally between the parties. Customer and BDT will each be responsible for their own attorneys’ fees and costs, and the arbitrator has no discretion to shift attorneys’ fees or costs of customer to BDT. If customer brings an action against BDT in any proceeding other than individual arbitration as required by these General Terms and Conditions, or unsuccessfully challenges or fails to comply with the arbitrator’s award, customer will be responsible for all legal and other expenses incurred by BDT (including but not limited to attorneys’ fees and costs) in compelling arbitration, enforcing this arbitration provision or defending or enforcing the arbitration award.
Pre-Owned Wrist Watches
BDT is an independent retailer of pre-owned Rolex watches and other fine timepieces, not affiliated with Rolex, S A or Rolex USA. Warranties, if any, are offered directly through BDT as set forth herein. Aftermarket additions void the warranty of new and used Rolex watches sold by Rolex S A or at www.rolex.com. Rolex is under no obligation to warranty-service through its service locations watches sold by BDT. Rolex Date, Datejust, Day-Date, President, Pearl-Master, Oyster Perpetual, Air-King, Submariner, Sea-Dweller, GMT-Master, Yacht-Master, Sky-Dweller, Cosmograph Daytona, Explorer, Milgauss, Cellini Moonphase, Prince, and Masterpiece are all registered trademarks of the Rolex Corporation (Rolex S A and/or Rolex USA). All other brands, including Cartier, Audemars Piguet, Patek Philippe, Ulysse Nardin, Breitling and Omega are trademarks of their respective holders.