Terms & Conditions
The use of our website must always be in accordance with the rights and obligations that are clearly stated on the website and the rights and obligations that are determined in the Disclaimer, the Terms and Conditions of Sale, and the Privacy Statement. All of these texts are our General Terms and Conditions.
These General Terms and Conditions apply to us, Or & Elle ("Or & Elle," "we," "our," or "us"), as well as to you, the User. As soon as you use our website, you expressly acknowledge and agree that our General Terms and Conditions apply and that the application of your own General Terms and Conditions is completely waived.
We may deviate from the General Terms and Conditions in exceptional cases, insofar as these deviations are recorded in writing and are accepted by all parties. These deviations only apply to replace or supplement the clauses to which they relate and have no effect on the application of other provisions of the General Terms and Conditions.
LAB-CREATED ORIGIN OF DIAMONDS DISCLOSURE
AS DISCLOSED ON THIS WEBSITE (OR-ELLE.COM) AS WELL AS ON SOME OTHER PROMINENTLY FEATURED PAGES, ALL DIAMONDS SOLD BY US ARE "LABORATORY GROWN", "LAB-GROWN", "LAB CREATED", "MAN MADE", "CULTIVATED", "SUSTAINABLY MADE", OR WHICHEVER WAY ONE DEEMS TO APPROPRIATELY DESCRIBE A PROCESS OF GROWING DIAMOND CRYSTALS IN A FACTORY OR LABORATORY. A LABORATORY GROWN DIAMOND IS A MAN-MADE DIAMOND PRODUCED EITHER BY CVD (CHEMICAL VAPOR DEPOSITION) OR BY HPHT (HIGH-PRESSURE HIGH TEMPERATURE) GROWTH PROCESSES AND MAY INCLUDE POST-GROWTH TREATMENTS TO ALTER THE COLOR.
You hereby agree that you understand the meaning of these descriptions, that you have no doubt about the man-made origin of our diamonds as disclosed by us, and that every created diamond offered on our website is "man-made" whether or not each mention of the word "diamond" includes this qualifier or not.
If you do not agree or understand what these terms mean, you should not purchase any diamonds or use this Website or any of the Services until and unless you either seek legal advice or understand what you are purchasing and you accept the terms and conditions expressed hereunder.
1. Who we are
The or-elle.com website is an initiative of:
Or & Elle LLC
Feel free to contact us if you have any further questions or comments; we promise a quick reply.
We accept returns of our jewelry pieces if returned within 10 days of being received. To be eligible for a refund, the pieces must arrive to us unworn, unused, and in its original condition and packaging. Misused jewelry or jewelry altered by a third-party jeweler is not eligible for return. Additionally, we cannot accept returns on bespoke or engraved pieces. The condition of the jewelry and its eligibility for a refund will be determined by us upon receipt. If the condition of the piece is deemed ineligible for a refund, costs associated with shipping the jewelry back and/or handling of the pieces will need to be covered by the customer. In all other instances, Or & Elle will cover costs associated with returns. We reserve the right to change or amend the returns policy at any time, in whole or in part, without prior notice.
3. Shipping and Delivery
We do our best to ship our jewelry pieces as fast as possible. Since every piece is handcrafted, the shipping and delivery times may vary. We expect to ship our pieces within 3 to 4 days of receiving an order. During busy times or for bespoke pieces, the estimated time of shipping and delivery may increase. Or & Elle provides free shipping on all our pieces. We reserve the right to change or amend the shipping and delivery policy at any time, in whole or in part, without prior notice.
4. Jewelry, Products, and Certifications
Each Or & Elle piece is handcrafted. As a result, carat weight and all other specifications (cut, color, clarity, gold grams, chain, bracelet, and necklaces length, gold purity, and all other aspects of our jewelry pieces and/or products sold by Or & Elle) may differ slightly from what is advertised or certified by Or & Elle. For rings, all carat and gold specifications are based on a US size 7 ring.
Diamond grading is a subjective science; all information, grading, and specifications displayed in our jewelry and/or diamond reports/certifications ('Certifications') are based on the judgment and opinions of Or & Elle. The images shown in the grading rubrics of our Certifications are illustrative. OUR CERTIFICATIONS ARE NEITHER A GUARANTEE NOR AN APPRAISAL OF THE GEMSTONE(S), GOLD, AND/OR JEWELRY DESCRIBED THEREIN AND ARE SUBJECT TO THE LIMITATIONS, RESTRICTIONS, AND DISCLAIMERS FOUND ON OUR WEBSITE AT OR-ELLE.COM.
5. Our website
5.1 Proper functioning, safety, and accessibility
We offer a user-friendly website that is safe for every User. We, therefore, take all reasonable measures necessary to guarantee the proper functioning, security, and accessibility of our website. However, we cannot provide any guarantees and our measures should be regarded as an obligation of means.
Any use of the website is always at your own risk. This means that we are not liable for damage resulting from malfunctions, interruptions, harmful elements, or defects to the website, regardless of the existence of an unknown cause or force majeure.
We have the right to limit and/or suspend access to our website at any time, in whole or in part, without prior notice. In principle, we only do this if the circumstances justify this, but this is not an absolute condition.
5.2 Content on our website
The content of the website is largely determined by us and we take the greatest care with this content. This means that we take the necessary measures to keep our website as complete, accurate, and up-to-date as possible, even when content is provided by third parties. The content on our website can always be changed, supplemented, or removed.
We cannot give any guarantees about the quality of the information on our website. Information may not be complete, sufficiently accurate, and/or useful. We are therefore not liable for (direct and indirect) damage suffered by the User as a result of the information on our website.
Please note that each jewelry piece is handmade. As a result, carat weight, gold weight, diamond cut, diamond clarity, diamond color, number of diamonds, and any dimensions may differ slightly from the values noted on the website.
In the event that certain content on our website constitutes a violation of applicable law and/or a violation of the rights of third parties and/or simply cannot be tolerated, we ask you to notify us as soon as possible so that we can take the appropriate measures. For example, we can proceed to a partial or complete removal and/or adjustment of the content.
Our website contains content that can be downloaded. Every download from our website is always at your own risk. We are not liable for this and damage as a result of loss of data or damage to the computer system is entirely and exclusively the responsibility of the User.
Specifically for prices and other information about products on the website, there is a reservation of obvious programming and typing errors. The User cannot claim an agreement with Or & Elle on the basis of such errors.
5.3 What we expect from you as a User
The User also bears a certain responsibility when using our website. The User must always refrain from actions that could have a harmful impact on the proper functioning and security of the website. For example, the website may not be used to circumvent our business model and/or to collect information from other Users.
It is therefore not allowed to use our website for the distribution of content that could cause damage to other Users of the website, such as the distribution of malicious software such as computer viruses, malware, worms, trojans, and cancelbots. The distribution of unsolicited and/or commercial messages via the website, such as junk mail, spamming, and chain letters, is also included.
We reserve the right to take all necessary actions that may result in recovery for us and for our Users, both judicial and extrajudicial. The User is solely personally and fully responsible if their actions and behavior effectively cause damage to the website and the other Users. In that case, he/she must indemnify Or & Elle against any damage claim that follows.
6. Links to other websites
The content of our website may contain a link, hyperlink, or framed link to other websites or other forms of electronic portals. A link or any information on third-party websites does not imply any connection between us and the foreign website, nor that we agree with the content of these websites. Any information on our website related to Third-party websites is based on the best of our knowledge but does not imply any guarantees about the accuracy of the information. Furthermore, any information on our website related to products on Third-party websites does not guarantee the accuracy, specifications, availability, or price of those items.
We do not guarantee the continued availability of any Third-party services (or any integration with Third-party services or related service features), and if such Third-party services or related features are discontinued, you will not be entitled to any refund, credit, or other compensation.
We do not control these third-party websites and are not responsible for the safe and correct operation of the link and its final destination. As soon as you click on the link you leave our website and you can no longer hold us liable for any damage.
Third-party websites may sell mined, man-made, or other types of diamonds, jewelry and other items. We are not responsible for anything on these websites (i.e. the content and items displayed and sold, the user interaction, etc).
Third-party websites may not offer the same guarantees as we do. That is why we recommend that you carefully read the General Terms and Conditions and the Privacy Statement of these websites.
7. Intellectual property
Creativity deserves protection, as does our website and its content. The protection is provided by intellectual property rights and belongs to all entitled parties, being Or & Elle and third parties. Content is understood to mean the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. All this content is protected by copyright, software law, database law, design and model law, and other applicable (intellectual) property rights. The technical nature of our website itself is protected by copyright, software law, and database law. Every trade name we use on our website is also protected by applicable trade name or trademark law.
Every User is given a limited right to access, use, and display our website and its content. This granted right is non-exclusive, non-transferable, and can only be used within a personal, non-commercial framework. We, therefore, ask our Users not to use and/or make changes to the items protected by these rights, without the permission of the rightsholder. Or & Elle attaches great importance to its intellectual property rights and has taken all possible measures to guarantee protection. Any infringement of existing intellectual property rights will be prosecuted.
8. Processing of personal data
The information you provide is necessary for the processing and completion of the orders, and the preparation of the invoices and warranty contracts. Further information may be requested to personalize the order. If the necessary details are missing, the order will be canceled as a result. The personal data of the Buyer will only be processed in accordance with the Privacy Statement that can be consulted on our website.
9. General provisions regarding the general terms and conditions
We reserve the freedom to change, expand, limit, or discontinue our website, these conditions and the associated services at any time. This is possible without prior notification to the User and will not result in any form of compensation.
These General Terms and Conditions (including the Sales Conditions) are exclusively managed and interpreted in accordance with US Law. All disputes related to or arising from offers from Or & Elle, or agreements concluded with it, will be submitted to the competent court in the judicial district of Bethesda, Maryland.
If the operation or validity of one or more of the above provisions of these General Terms and Conditions is compromised, the validity of the other provisions of this agreement should not be affected. In such a case, we have the right to change the relevant provision into a valid provision with a similar effect.