Information that we Collect
We may collect information that can identify you (“personal information”), such as your name and e-mail address when you (or other customers) provide it to us when using the Ella Rose website or in some other manner.
Ella Rose may also collect other types of information in the following ways when you visit our website:
- Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our site and understand trends.
- Ella Rose may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
- Ella Rose may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
How we collect and use personal data and other information
As a policy, Ella Rose does not sell, trade or rent your personally identifiable information to third-parties, unless you have granted us permission to do so.
Ella Rose does not knowingly collect personal information from children under the age of 13. In the event that Ella Rose ever does so, we will strictly comply with the Children's Online Privacy Protection Act.
Communications: If you provide Ella Rose with personally identifiable information, this information may be used to provide you with information regarding Ella Rose and its products and services. For example, we may communicate to you information regarding promotions, surveys, contests, sweepstakes or product or service updates. Your personally identifiable information may also be used to improve and customize our website's content, layout and services. These uses improve and customize our interactions with you.
If you contact a customer service representative or jewelry consultant and provide personally identifiable information to the consultant or submit a request through our Website, we will use your information to respond to your request and to provide you with additional information that we believe may be helpful to you.
In addition to the uses set forth above, if you place an order with Ella Rose, we will use your personally identifiable information to confirm your order, prevent and detect fraud or abuse, respond to your requests or inquiries, provide you with other administrative information regarding your order and provide you with any other information we believe may be helpful to you.
If you do not want to receive certain communications from Ella Rose you may elect to opt-out of receiving such communications; please see the "Choice/Opt-Out" section below for more information.
Internal Use: We may compare and review your personally identifiable information for errors, omissions and accuracy. We may also use your personally identifiable information internally to improve our marketing and promotional efforts, website content and product offerings. Your personally identifiable information may also be used internally to conduct internal research on our users' demographics, interests, behavior and generally to better understand and improve the usability, performance and effectiveness of our website and our marketing programs.
Compliance with Law and Fraud Protection: We may collect and disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may collect and possibly share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding illegal activities, including suspected fraud, or as otherwise required by law. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
Partners, Affiliates, and Service Providers: We may share your personally identifiable information with authorized third party partners, agents and contractors. For example, if we need to ship something to you, we must share your name and address with a shipping company. In addition, if you use a credit card or other financing alternative to place an on-line or phone order with Ella Rose, to confirm and process your order we will share your personally identifiable information with the credit card company or financing company. These third parties only receive personally identifiable information if such information is needed to perform their function(s), and they are not authorized to use any personally identifiable information for any other purpose(s) other than the purpose(s) set forth by Ella Rose. We only provide third-parties with the minimum amount of personally identifiable information necessary to complete the requested service, product or transaction.
Feedback and Testimonials: If you provide feedback or testimonials on the website or on Ella Rose products or services, we may post this feedback or testimonial, including personally identifiable information, on the website or in marketing and promotional materials. We may, by our sole discretion, edit feedback or testimonials for length and content.
Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), Ella Rose may share your personally identifiable information with those organizations participating in the applicable event. Typically, these third parties do not use your information for any other purpose other than to manage the event. In some cases these third-party partners may send you promotional materials regarding their products and services. In these cases, you will be given the opportunity to opt-out, and not have your personally identifiable information shared with that third-party partner.
Business Transfer: Your personally identifiable information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which personally identifiable information would be transferred as one of the business assets of the Company.
IP Address: When you visit our website, Ella Rose collects your IP address to assess, diagnose problems, and improve functioning of our website, servers, and hosting providers as well as to analyze trends and traffic patterns, gather demographic information, and track the date, time, and duration of each session within our website. Your IP address may also be used in combination with your personally identifiable information for credit fraud protection and risk reduction.
Updating Your Information: If you would like to update or revise your personally identifiable information, please contact us at firstname.lastname@example.org
Choice/Opt Out: To opt-out of receiving communications from Ella Rose, contact us at email@example.com. To opt-out of receiving e-mail promotions from Ella Rose, please follow the unsubscribe instructions in our promotional e-mail correspondence.
Your California Privacy Rights: California Residents - If you are a resident of California, in addition to the rights set forth above, you have the right to request information from Ella Rose regarding the manner in which Ella Rose shares certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information: (1) the categories of information Ella Rose disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received that information; and (3) if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed. Ella Rose may provide this information in a standardized format that is not specific to you.
Last Updated on April 3, 2019
Terms and Conditions
These terms and conditions apply to the Ella Rose web site located at www.EllaRoseGems.com and its subsidiaries and affiliates, including Ella Rose's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Ella Rose 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 Ella Rose Site.
CHANGE OF TERMS
Ella Rose 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 Ella Rose may give by any means, including, without limitation, by posting the revised Conditions on the Ella Rose Site. You are responsible for reviewing the Ella Rose 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 Ella Rose 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, "look and feel", information, data, sound files, and other files and software is the proprietary property of Ella Rose or its affiliates, licencors or users and is protected by 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 Ella Rose Site is owned by or licensed to Ella Rose. 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 Ella Rose Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Ella Rose Site without the written permission of Ella Rose or any third party that may own such trademarks or service marks. Ella Rose will aggressively enforce its intellectual property rights to the fullest extent of the law.
Ella Rose, the Ella Rose logos, and any other product or service name or slogan contained in our Site are trademarks of Ella Rose and/or its licencors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ella Rose or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Ella Rose" or any other name, trademark or product or service name of Ella Rose without our prior written permission. All other trademarks, registered trademarks, product names and Ella Rose names or logos mentioned in 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 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 Ella Rose, 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.
INFORMATION ON OUR SITE
Ella Rose is committed to providing current and accurate information on our web sites, 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. Inadvertent errors or inaccurate advertised prices are not binding on Ella Rose, and may be adjusted by Ella Rose at any time. Ella Rose reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Ella Rose will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Ella Rose apologizes for any inconvenience that this may cause.
Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
Ella Rose 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 Ella Rose 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 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.
Ella Rose 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.
Ella Rose'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, Ella Rose 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 Customer Service by emailing us at firstname.lastname@example.org
When you access or use the Ella Rose website or your personalized Ella Rose 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 EllaRoseGems.com only under the guidance and direction of a parent or guardian. Please note that Ella Rose reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
Select loose gemstones come with a certificate of authenticity or a grading report. These certificates and grading reports are extremely expensive to replace and as a result, Ella Rose requires each grading report or certificate of authenticity to be included with each returned gemstone when applicable. If you do not include the grading report or certificate of authenticity with your return, you will be charged a replacement fee of fifty dollars ($50.00).
PASSAGE OF TITLE
Title for goods purchased passes from Ella Rose to the purchaser’s designee at the time that goods are delivered to the designee.
CANCELLATION OF PRODUCTS
Ella Rose 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.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Ella Rose has the sole discretion to terminate and bar specific website users or Ella Rose account holders who under appropriate circumstances are determined to be repeat infringers. Ella Rose further reserves the right to limit access to this website and/or terminate the account of any users whom Ella Rose reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
FEEDBACK AND SUBMISSIONS
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, Ella Rose, or the Ella Rose products or services that are provided by you to Ella Rose in any form are not confidential and upon submission, shall become the sole property of Ella Rose. Ella Rose 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 Ella Rose and its sub-licensees 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; and (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.
PRODUCT REVIEWS AND USER CONTENT
Ella Rose’s website 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 a third party has the opportunity to create, post, or store content, messages, materials or other items on our website (“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 Ella Rose, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Ella Rose or its users to any harm or liability of any type.
If you post User Content to our website, you grant Ella Rose a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable 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 Ella Rose and sub-licensees 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 that you post or you otherwise have the right to post such User Content to our website; (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.
Ella Rose 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 Ella Rose 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 Ella Rose Interactive Areas is at your own risk. Ella Rose 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, Ella Rose 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 Ella Rose 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.
DISCLAIMER OF WARRANTIES
This site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. Ella Rose makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it. You expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, Ella Rose disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. Ella Rose, does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Ella Rose, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Ella Rose products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the Ella Rose site, or that results from the reliance by user on any information obtained from Ella Rose, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Ella Rose site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Ella Rose’s programs or services, even if Ella Rose is expressly advised of the possibility of such damages. In no event shall Ella Rose's liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties
You agree to defend, indemnify, and hold harmless Ella Rose, 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 Ella Rose Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Ella Rose 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 SITES AND SERVICES
Links to other Internet sites and services operated by third parties, including Ella Rose vendors, do not constitute sponsorship, endorsement, or approval by Ella Rose of the content, policies, or practices of such linked sites or services. Ella Rose is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Notwithstanding any of these Conditions, Ella Rose reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
These Conditions contain the entire understanding of you and Ella Rose with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Ella Rose with respect to the subject matter hereof. The failure of Ella Rose 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 Ella Rose to thereafter enforce each and every provision of these Conditions. No waiver by Ella Rose 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 Tennessee, 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.