Terms of Service

OVERVIEW
 
This website is operated by Diamond Art Club, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Diamond Art Club, LLC. Diamond Art Club, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

One-time use coupons are limited to once per household. You may not interfere with or circumvent coupon limitations by using multiple, different email addresses.

A breach or violation of any of the Terms will result in an immediate termination of your Services and/or an additional fee equal to the amount of the abused coupon(s) previously used for orders that have shipped.

Payment Disputes: If you dispute a payment made to our company without a legitimate basis, or if you initiate a chargeback or payment reversal in bad faith, we reserve the right to terminate your account immediately and to refer your account to a collections agency. "Bad faith" includes, but is not limited to:

• Fraudulent claims disputing a transaction despite having received the product(s) or service(s) as described and in good condition.
• Misuse of payment reversals to avoid payment for products/services delivered in accordance with our policies.
• Engaging in a pattern of disputes or reversals without valid reasons.
• Circumventing warranty/return policies by claiming chargebacks despite products/services being replaced or refunded.

If your account is terminated and referred to collections due to bad faith disputes or reversals, you will not be entitled to a refund for any associated fees or charges.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You acknowledge and agree that your content, including but not limited to any personal information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without the express written permission of Diamond Art Club, LLC.

You acknowledge and agree that Diamond Art Club, LLC owns all right, title, and interest in and to the Service, including all intellectual property rights. You may not use any trademark, service mark, trade name, or logo of Diamond Art Club, LLC without the prior written consent of Diamond Art Club, LLC.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - LIMITED LIFETIME WARRANTY

Diamond Art Club offers a Lifetime Warranty on diamond painting canvases purchased through our official store and authorized retailers. The warranty covers:

Missing or incorrect diamonds, adhesive issues, or canvas defects (e.g., rips, creases).
Replacement of missing or damaged tool kit accessories.

Exclusions: The warranty does not cover accessories (e.g., LED products, frames, stickers), items bought through third-party retailers, or sealed kits. Products purchased outside our authorized channels are not eligible.

Disclaimer: Diamond Art Club reserves the right to decline or limit warranty claims if we determine there is evidence of abuse, fraudulent claims, or repetitive requests that appear suspicious. Additionally, goodwill gestures may be offered based on individual circumstances but are not guaranteed.

For any issues, contact our support team at support@diamondartclub.com with your order details. Claims are processed within 12 business hours during regular business hours.

For more detailed information, including our 30-day warranty on non-canvas products and specific exclusions, please refer to our Lifetime Warranty page.

SECTION 7 - OOPS PROTECTION PROGRAM

Diamond Art Club offers a complimentary Oops Protection program for diamond replacement in case of accidental spills. If you lose or spill your diamonds, contact our support team at support@diamondartclub.com with your order number, and we will replace your missing diamonds free of charge for up to 8 packs. If you need more than 8 packs, a small fee will apply ($0.75 per additional pack) to discourage abuse and cover our costs.

Diamond Art Club reserves the right to decline claims for Oops Insurance if there is evidence of abuse or if repetitive, unusual requests are made. If a full diamond replacement set is needed due to extensive loss or damage, we may offer a 50% discount on a new kit if available, rather than fulfilling the entire replacement.

For more details and to submit a claim, please visit our Oops Protection page.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 10 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with Diamond Art Club, LLC. We are not responsible for examining or evaluating the content or accuracy of these third-party websites and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We encourage you to review carefully the policies and practices of third parties and make sure you understand them before you engage in any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products or services, please contact the third party directly.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example product feedback) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You automatically grant, and you represent and warrant that you have the right to grant, to Diamond Art Club, LLC an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DAC INSIDER REWARDS PROGRAM

MEMBERSHIP ENROLLMENT - Membership is free and requires no initial purchase. To become a Member, you must complete the enrollment process by providing accurate information and indicating your acceptance of the Program Terms. You will receive a welcome email upon completion.

PASSWORDS AND SECURITY - To enroll, you must create an Account by providing your email, username, and password (collectively, “ID”). You are responsible for maintaining the confidentiality of your ID and all activities that occur under your Account. You agree not to use anyone else’s ID or disclose your ID to third parties. Notify us immediately if you suspect unauthorized use of your Account. We will keep your ID confidential, and only one Diamond Insider rewards account is permitted per person.

SUSPENSION AND TERMINATION RIGHTS - The Company reserves the right, in its sole discretion, to take actions it deems appropriate, including suspending privileges under the Program, revoking points, and/or terminating Membership. This may occur without notice or liability to the Member. Specific grounds for termination include, but are not limited to:

- Warranty Abuse and Return Fraud: Misuse of our warranty or return policies, such as filing false claims or requesting refunds/exchanges in bad faith.

-  Inappropriate Conduct Toward Customer Support: Abusive, rude, or threatening behavior directed at our customer service team will result in immediate action, including account suspension and loss of points.

-  Community Guidelines Violations: Engaging in harassing, abusive, or disruptive behavior within our social media groups, such as our Facebook group, or failing to abide by our community guidelines, can lead to termination of your account and forfeiture of points.

-  Misuse of Points or Promotions: Any attempt to manipulate the system by using multiple accounts, creating fake profiles, or otherwise circumventing limitations set by the Program.

RESALE AND COMMERCIAL USE - Points will not be awarded for purchases intended for resale or commercial use. If it is determined that products were purchased for these purposes, any points granted for such purchases will be forfeited, and the account may be suspended or closed.

ELIGIBILITY - Membership is available to (i) individuals of legal age with the capacity to enter into a contract, and (ii) entities such as corporations or businesses that are duly authorized. If a Member does not meet these requirements, points may be forfeited, and the account may be suspended or closed.

CHANGE IN INFORMATION - Members are responsible for notifying the Company of any changes to their contact information. The Company is not liable for communications not received due to outdated contact information.

POINTS EXPIRATION - Reward points will expire 6 months after your last purchase. To keep your points active, make a qualifying purchase or complete a point-earning action within this timeframe. Expired points cannot be reinstated.

ACCOUNT CLOSURE - Points will be reduced to zero upon the closure of a Membership.

SECURITY - If a Membership ID is used by someone other than the registered Member, all points accumulated from unauthorized purchases will be credited to the Member’s Account. The Company is not responsible for points redeemed before being notified of compromised IDs. Any points used before notification are at the Member’s risk.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Diamond Art Club, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Diamond Art Club, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby Diamond Art Club, LLC provides you with Services shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of law.

Any disputes arising out of or related to these Terms of Service or the use of the Diamond Art Club, LLC website shall be resolved in the courts located in the county in which Diamond Art Club, LLC is located. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute.

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - INTERNATIONAL SHIPPING

The goods will be imported on behalf of the consignee/e-buyer. The consignee authorizes the (name of eTailer/supplier) to import the goods on his behalf. Further, the consignee/buyer agrees that (name of the eTailer/supplier) may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition to the purchase price of the goods.

SECTION 24 - REFER-A-FRIEND PROGRAM

Qualified Referral: A Qualified Referral is defined as a purchase made at www.diamondartclub.com by a NEW customer ("Referred Customer") who arrives on our website by clicking your unique Refer-a-Friend program link. The Referred Customer must use the $10 code provided by the advocate and must not have had a pre-existing account with Diamond Art Club, LLC. Each Referred Customer can only count as one Qualified Referral, and any repeat purchases by the same customer do not qualify as additional referrals.

Referred Customer: The Referred Customer and the Referrer must be different individuals. The Referrer cannot use their own referral link to create an account for themselves or someone using their own credentials (e.g., with a different email address). The Referred Customer must be a brand new account holder.

Referral Rewards: To earn the $20 referral reward as a Referrer, the Referred Customer must open a new account and use the advocate's $10 referral code during their first purchase. Any use of other promotional codes, existing accounts, or any code-sharing that circumvents this policy will not qualify for rewards.

Reward Payments: Rewards are issued in increments of $20 for each successful Qualified Referral. The maximum Qualified Referrals earned per calendar year is limited to 50. As a Referrer, you are responsible for any and all tax liabilities resulting from your referral rewards.

Eligibility: Eligibility is limited to individuals only. Diamond Art Club, LLC's Refer-a-Friend Program is not intended for use by businesses or entities for affiliate lead generation, as determined at the sole discretion of Diamond Art Club, LLC. (Corporations are not eligible.)

No Spam: Referrers must comply with all up-to-date anti-SPAM regulations. Referral emails and communications must be sent in a personal manner, and mass/bulk email distribution is strictly prohibited. Any actions that could be considered unsolicited commercial email or "spam" under applicable laws may result in the immediate termination of the Referrer's account and exclusion from Diamond Art Club, LLC's Refer-a-Friend Program.

Right to Close Accounts: Diamond Art Club, LLC reserves the right to close any Referrer and/or Referred Customer account if it is determined that either party is attempting to misuse the Refer-a-Friend Program in any way, breaches these Terms & Conditions, or violates any law or regulation. Any fraudulent activity or attempts to manipulate the program will be subject to immediate action.

Right to Cancel Program or Change Terms: Diamond Art Club, LLC reserves the right to cancel the Refer-a-Friend Program or modify these Terms & Conditions at any time, at its sole discretion. Any unclaimed referral rewards will be forfeited if the program is canceled or if the terms are changed.

99 West Flagler St, Floor 9, Miami, FL, 33130, United States